1 Introduction
1.1 Welcome to the Kayakable platform (the ‘Site’). We’ll refer to our website and other services as our “Services”, and Kayakable will be addressed individually or collectively as “Kayakable”, “we”, “us”, or “our”. Please read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you’ll be agreeing to our Terms and our Rental Agreement. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make up the ‘Terms of Service’.
1.3 Our “Services” include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be “Your Content”. Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
1.4 Our services include an online platform service that provides a place and opportunity for the rental of goods or services between the renter (“Renter”) and the lister (“Lister”), collectively known as “Users” or “Parties”. The actual contract for a sale is governed by our standard Rental Agreement. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, warranty of purchase and like. As such, We accept no obligations in connection to these contracts. However, if you have problems with your order, we may step in to help (refer to section 10). We do not pre-screen Users and any of Your Content. We cannot ensure that Users will actually complete a transaction.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
2 Privacy
2.1 We know your personal information is important to you, so it’s important to us. Our Privacy policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.
2.2 Users in possession of another User’s personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
3 Your account
3.1 You’ll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 Be honest with us, and provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person’s name on the account will be ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
3.1.4 As we’ve mentioned above, you’re solely responsible for any activity on your account, so remember to keep your login and password secure.
3.1.5 You are not permitted to use an email address as your ‘display name’ when listing a boat.
4 Limited licence
4.1 We grant you a limited and revocable licence to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Kayakable and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
5 Your content
5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
5.2 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you’re not infringing or violating any third party’s rights by posting it.
5.2 Posting Your Content through our Services, you grant us a licence to use it. This licence allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
5.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
6 Your use of our services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable licence to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees and monies that you owe to us. You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
7 Purchase and payment
7.1 Currently we only support payments though PayPal and Stripe. These payments are processed through third-party payment channels and may vary depending on the jurisdiction you are in.
7.2 All sales on the platform are biding. The Lister is obligated to complete the transaction with the Renter in a prompt manner unless an exceptional circumstance arises.
8 Lister commission
8.1 The Lister of any item/service will pay us a commission on the total transaction amount received by the Lister, including taxes, if any, and shipping costs for any of the transactions made on our Site.
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.
8.3 All third-party payment channels will charge you an additional fee for payment processing. This fee will be dependent on your location as well as your Renter’s location. All payment processing fees will not be included in Lister commission that we charge.
9 Lister’s responsibilities
9.1 Listers will properly manage and ensure that relevant information such as the price and the details of items, inventory amount and will not post inaccurate or misleading information.
9.2 The pricing of items/services for sale are determined by the Lister at his/her own discretion. The price of an item and shipping charges will include the any additional charges such as sales tax, value-added tax, tariffs etc. Listers will not charge a Renter such amounts additionally and separately.
9.3 Listers are obligated to deliver items/services as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstance the Lister is obliged to contact the Renter to inform them of any delays or inability to complete the transaction.
9.4 Listers will issue additional receipts, credit card slips or tax invoices to a Renter on request.
10 Disputes with other users
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
10.3 Whether you are a Renter or a Lister of an item/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.
10.4 Disputes as a Renter
10.4.1 You may raise two types of disputes, one where the ‘item is not provided’ and the Lister is not responding to any of your attempts to communicate. The second type of dispute is where the ‘item is significantly not as described’.
10.4.2 You may pursue a report about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a chargeback with your card provider, we will close your report.
10.4.3 If you have received a refund/exchange from the Lister, you may not report that transaction.
10.4.4 If the ‘item is not provided’, we will resolve the dispute in your favour.
10.4.5 If the ‘item is significantly not as described’, and both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the Lister as well as any documentation provided. All decisions made by us are final.
10.5 Disputes as a Lister
10.5.1 As a Lister, we encourage you to communicate actively with your Renter especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Renters in order to avoid any unnecessary disputes.
10.5.2 For ‘items that are not provided’, we will resolve the dispute in favour of the Renter.
10.5.3 For ‘items not as described’ disputes, we will be reviewing the item description and images that were provided at the time of purchase. If both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the Renter as well as any documentation provided. All decisions made by us are final.
10.5.4 If the Renter attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
11 Disputes with us
11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
11.1.1 Governing Law. The local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.
11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
12 Removal of users
12.1 We retain the right to remove any users from the Site and terminate their right of use of the Service without any specific reason and without being liable for compensation.
13 Changes to the terms
13.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
13.2 We may revise the Terms of Service but the most current version will always be at this link.
13.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
13.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
14 Applicable jurisdiction
14.1 The jurisdiction that is applicable in this service and these terms of use is that of Australia, unless something else is required by binding law.
15 Contact, feedback and complaints
15.1 If you need to contact us please click on contact us for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.