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KitUp Terms Of Service
Updated 14 September 2023
Here are our terms and conditions (“KitUp Adventures Terms Of Service”)
User Agreement: www.kitupadventures.com
KitUp Adventures Ltd, Companies House registration number 13650831 (“KitUp Adventures”, “KitUp”, “we” or “us”) operates an online platform allowing users (“User” or “You”) to connect and hire kit through KitUp’s platform including through our website at https://www.kitupadventures.com or any other platform we may introduce in the future (“KitUp Platform” or “KitUp Services”).
Use of the KitUp Platform or use of the KitUp Services confirms that You agree to be bound by this Agreement.
1. SCOPE OF KIT UP SERVICE
1.1. KitUp provides a platform for connecting people who would like to hire Surf, Paddle, Bike, Snow, Trail and Camp kit (“Hirees”) with those willing to hire out the Surf, Paddle, Bike, Snow, Trail and Camp kit (“Hirers”).
1.2. A reference to kit in this agreement includes any type of recreational equipment, such as a bicycle, skis, snowboard, surfboard, stand up paddle board, etc. made available through the KitUp Platform.
1.3. A reference to User in this agreement includes Hirees, Hirers and any other person that visits or views the KitUp Platform.
1.4. A User creates an account with KitUp when they validly complete a registration form on the KitUp Platform.
1.5. KitUp provides the platform only. Apart from enabling a Hiree to find a Hirer to provide a particular item of kit, KitUp accepts no liability for any aspect of the Hiree and Hirer interaction, including but not limited to the description of kit and services offered, the performance of services and the delivery of kit. KitUp has no obligation to any User to assist or involve itself in any way in any dispute between a Hiree and a Hirer.
1.6. All information related to services to be performed or Kit to be provided is supplied by KitUp Users. Unless expressly stated to the contrary, KitUp does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the KitUp Platform.
1.7. You expressly agree that KitUp has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Hirers and Hirees), including, but not limited to, the ability of Hirers to perform hire or supply items, or the honesty or accuracy of any information provided by Hirees or the Hirees’ ability to pay for the services or kit requested.
2. KITUP SERVICE DESCRIPTION
2.1. The KitUp Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the KitUp Service may be separately described on the KitUp Platform.
2.2. A Hiree with a requirement for kit (1) creates an account with KitUp and (2) reviews existing listings on the KitUp Platform before requesting a hire for a specific period of time (‘Offer’).
2.3. A Hirer with specific kit (1) creates an account with KitUp, (2) Posts listings on the KitUp Platform and (3) reviews hire requests by Hirees.
2.4. If a Hirer desires to accept an Offer, the Hirer must accept the hire request using the functionality as provided by the KitUp Platform. By accepting an Offer, the Hirer confirms that they are legally entitled to and capable of supplying the kit described in the listing. Offers are subject to further terms as set out in the KitUp Hire Agreement.
2.5. If a Hirer in any way updates a listing after it has been published on the KitUp Platform and before an offer has been accepted, then KitUp may, at its discretion, cancel all Offers for that listings that were made prior to the update and recommence the offer process.
2.6. Prior to proceeding with a transaction, both Hiree and Hirer must accept the terms of the KitUp Hire Agreement.
2.7. If the Hirer agrees to a Hiree’s offer, the Hirer will accept that Hiree’s Offer by using the functionality on the KitUp Platform to electronically accept. The Hiree will then pay the agreed price via the KitUp Platform.
2.8. a Hirer and Hiree may use a private messaging feature on the KitUp Platform to communicate directly about posted kit and accessories. Each time a KitUp User receives a message from the KitUp messaging service, a notification may be sent to the User via their currently active communication channel.
2.9. Once a Hirer has accepted an offer from a Hiree and the Hiree has paid the agreed price then the Hiree and the Hirer will be deemed to have entered into a separate contract under which the Hiree agrees to Hire, and the Hirer agrees to provide the Hiree with the kit (“the Hire Agreement”).
2.10. The terms of the Hire Agreement incorporate the terms of this Agreement (to the extent they apply to the Hiree and the Hirer), the KitUp Hire Agreement and any additional terms and conditions agreed between the Hiree and the Hirer, including the description and price of the kit to be provided. You agree not to enter into any contractual provisions in a Hire Agreement that conflict with this Agreement. The terms of this Agreement incorporated into a Hire Agreement take priority over any other terms agreed between a Hiree and a Hirer in the Hire Agreement to the extent of any inconsistency.
2.11. The Hirer must provide the kit to the Hiree in accordance with the Hire Agreement, unless the services, kit or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.
2.12. The KitUp Pre Hire Inspection Form must be completed by both the Hirer and Hiree at the commencement of the hire period. This can be done electronically or via the printed forms. The latter are to be provided by the Hirer. Any inconsistencies with the kit must be noted at this time. Upon completion of the hire period, The KitUp Post Hire Inspection Form must be completed by both the Hirer and Hiree once the kit has been returned. Both the Hirer and Hiree are to keep a copy of both forms for their records.
2.13. The Hirer will mark off the hire as complete using the functionality on the KitUp Platform once the Hiree has returned the kit and the Pre/Post Hire Forms have been completed.
2.14. Once a transaction is concluded, both the Hirer and Hiree are strongly encouraged to complete a KitUp service review using any feedback features on the KitUp Platform. KitUp will, from time to time, contact You to remind You to complete a KitUp service review.
2.15. The KitUp Platform may from time to time include location / map-based functionality. The KitUp Platform may display the location of Hirees and Hirers to persons browsing the KitUp Platform. Each Hirer will be asked to provide the suburb where the kit is to be collected. A Hirer should never disclose personal details such as Hiree’s full name, street number, phone number or email address in a listing or in any other public communication on the KitUp Platform. This should only be done via the private messaging function on the KitUp Platform.
3. PAYMENT, SECURITY DEPOSITS, REFUNDS AND CREDIT
3.1. Where a Hiree pays an agreed price for kit in respect of a Posted Hire (“Hire Payment”) that Hire Payment will be used to pay the Hirer and KitUp in accordance with this Agreement. The fee taken by KitUp for hosting the transaction is 20% of the overall value. All payments to the “Payment provider” (PayPal or Stripe) are paid by KitUp, not the Hiree or Hirer.
3.2. If the Hiree and the Hirer mutually agree to cancel the Hire Agreement or if, following reasonable attempts by a Hiree to contact a Hirer to perform the Hire Agreement, KitUp is satisfied that the Hire Payment should be refunded and there is no dispute between the Hiree and the Hirer, then the Hirer must refund the Hire Payment back into the Hiree’s nominated account less the KitUp Service Fee.
3.3. Hirers may choose to include Security Deposits in their Listings. Each Listing will describe whether a Security Deposit is required and the form of security that will be taken. Where a Security Deposit is required, Hiree agrees to provide the Security Deposit and Hirer agrees to hold the Security Deposit for the Hire Period. Hiree acknowledges that the Security Deposit may be used to pay the Hirer for loss and/or damage caused to the Kit during the Hire Period. The Hirer acknowledges that they are responsible for refunding the Security Deposit, either in part or in full at the end of the Hire Period. KitUp is not responsible for accepting, administering or returning Security Deposits. Further, KitUp is not responsible for administering or accepting any claims related to Security Deposits and disclaims any and all liability in this regard. Hirers should be aware of the local laws and jurisdictions governing the taking of Security Deposits before deciding whether or not to accept a Security Deposit.
4. PAYMENT FACILITY
4.1. KitUp may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of the Hiree and Hirer (“Payment Provider”).
5. THIRD PARTY SERVICES
5.1. KitUp may from time to time include on the KitUp Platform promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by KitUp.
5.2. Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the KitUp Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
5.3. If You engage with any Third Party Service provider your agreement will be directly between You and that Third Party Service provider.
5.4. KitUp makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our KitUp Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at https://kitupadventures.com/user_feedbacks/new.
6. KITUP MERCHANDISE
6.1. KitUp may from time to time include on the KitUp Platform merchandise available for purchase (“KitUp Merchandise”).
6.2. KitUp Merchandise is supplied by a third party manufacturer and therefore considered as Third Party Services which are subject to further terms and conditions set out for Third Party Services.
7. THE KITUP GUARANTEE
The Hirer understands that The KitUp Guarantee is limited to theft, loss or damage to the Kit during the scheduled hire period, and only in the event that the Hiree defaults on its obligations under the Agreement and where the Hirer is unsuccessful claiming against their own business insurance policy and or their home and contents insurance policy, that it does not cover ordinary wear and tear, any repairs or replacements paid for by the Hiree, or any theft or damage occurring prior to or after conclusion of the scheduled hire period. The KitUp Guarantee only provides coverage for Kit hired through the KitUp Platform. No coverage is provided for third party property, personal injuries or other losses, which are the sole responsibility of the Hiree or Hirer, as applicable.
When you file a damage or theft claim, KitUp determines, at its sole discretion, whether your claim qualifies for coverage under The KitUp Guarantee. KitUp’s original determination is considered final, but you may be able to file an appeal of the decision with KitUp if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process.
7.2. In order to access The KitUp Guarantee, Hirers must first have:
included accurate and current photographs and description of the Kit within the listing prior to the hire period, and to the extent such photographs and description are sufficient to establish the make, model, components and condition of the Kit and any accessories (if applicable)
where there is not total loss, the Hirer must have communicated via the KitUp Platform with the Hiree with regards to payment of costs in accordance with the KitUp Hire Agreement’s Schedule 1 within twenty four (24) hours of completion of the hire, and communicated within seventy two (72) hours of completion of the hire that they have not as yet received funds from the Hiree in accordance with KitUp Hire Agreement’s Schedule 1.
If there is damage to Kit during a Hire, the Hirer must notify KitUp within twenty four (24) hours of completion of the hire or prior to any subsequent hire, whichever occurs first. If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the hire. Hirer shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc.
Have accurately completed the KitUp Pre Hire Form and Post Hire Form for the transaction.
Provide to KitUp photographic evidence of the damage.
If Hiree does not return Kit at the conclusion of the hire, and does not agree within twenty-four (24) hours to schedule a new return time, or does not return the Kit at such rescheduled return time, then the Hirer:
Agrees to file a report with the applicable police department and provide a copy of such report to KitUp. In filing the report, Hirer is required to notify the police department of The KitUp guarantee, and that KitUp may ultimately be subject to Hirer’s right to recovery of the Kit. Hirer must also authorise the police department to discuss and provide any information regarding the case with KitUp; and
Must notify KitUp within twenty four (24) hours of completion of the hire that a theft has occurred. If the theft is not reported during such period, then the theft shall be presumed to have occurred subsequent to the hire.
All claims under The KitUp Guarantee require that the Hirer has communicated with KitUp within twenty-four (24) hours of return of the Kit; late claims will not be honoured. No exceptions to the 24-hour rule will be honoured. All claims for damage must include the evidence as noted herein; however, KitUp reserves the option to require a physical inspection prior to making any payment under The KitUp Guarantee. Any claim for stolen Kit must be accompanied by a police report to be valid. For all claims, the Hirer may be required to provide additional documentation, such as purchase receipts, maintenance records, and such other documents as KitUp may request in its reasonable discretion.
7.3. Any evidence that implies, at KitUp’s full discretion, that the Hirer has not complied (or attempted to not comply) with any of the Agreement at any time or for any transaction, including transacting outside of KitUp platform will mean the said Hirer is unable to access The KitUp Guarantee. If the Hirer has complied with these terms at all times since becoming a User, KitUp will first attempt to recover the costs from the particular Hiree through any number of means, including through its secure payment gateways (Stripe or Paypal), or contacting the Borrower directly. KitUp reserves the right to attempt to recover from the Borrower for up to 90 days before paying out any claim under this policy.
7.4. Hiree Default
Where a Hiree has not made good on its obligations under this Agreement, and where KitUp has been unsuccessful in its attempts to recover the monies owing to the Hirer, where the Hirer has business insurance or Home and Contents Insurance, the Hirer is obliged to attempt to recover their loss from their insurer before making a claim for The KitUp Guarantee. Where the Hirer has a business insurance policy or home and contents insurance policy, the Hirer must provide KitUp evidence that their claim has been unsuccessful.
Where the Hirer has met all terms and processes of the Agreement, The KitUp guarantee will then be engaged.
7.5. Replacement or Reimbursement
Where The KitUp Guarantee has been engaged, and at its sole discretion, KitUp may replace or reimburse the Hirer under the following but up to the maximum amounts covered by The KitUp Guarantee only:
For damage included in KitUp Hire Agreement’s Schedule 1, per the amounts prescribed within KitUp Hire Agreement’s Schedule 1
For total loss, for lost or stolen Kit, or where the repair cost would exceed the replacement value of the Kit, KitUp will make commercially reasonable efforts to provide the Hirer with Kit that is of a similar make, model and year, and with similar components and other aftermarket parts or if the Kit or components are not reasonably available at standard retail prices KitUp reserves the right to provide Kit of equal quality or a cash amount of equal value. In order to determine the value of the Kit and/or components in question, KitUp will use market indicators to determine the fair market value and shall also account for any salvage value of the Kit, if applicable. These values are determined by year, condition, and overall value and may use the following sources: product manufacturer’s websites, our network of industry partners and shops, e-commerce websites such as Gumtree, Ebay and other reliable sources to be used at KitUp’s discretion. KitUp may use other relevant factors in its reasonable discretion.
For damage beyond KitUp Hire Agreement’s Schedule 1, but where the cost of repairs is less than total loss, the repair cost of the Kit shall be determined at KitUp’s reasonable discretion, and may be in consultation with professional repair personnel knowledgeable in the appropriate field.
7.6. KitUp does not represent that the Guarantee offered via the KitUp Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as home and contents or travel insurance) is required.
8. IDENTITY VERIFICATION
8.1. KitUp may include tools to help KitUp Users to verify the identity, qualifications or skills of other KitUp Platform Users (“Identity Verification Services”). These tools may include: mobile phone verification technology, verification of payment information, a “Reference” feature (allowing a User of the KitUp Platform to request other Users to post a reference on the KitUp Platform endorsing that User), integration with social networking sites such as Facebook, Twitter and LinkedIn and verification icons or badges displayed in association with a Hirer and obtained in accordance with clause 7.6 and or clause 7.7.
8.2. You agree that KitUp Identity Verification Services may not be fully accurate as all KitUp Services are dependent on User-supplied information and/or information or verification services provided by third parties.
8.3. KitUp Platform Users are solely responsible for identity verification and KitUp accepts no responsibility for any use that is made of an KitUp Identity Verification Service.
8.4. The KitUp Platform may also include a User-initiated feedback system to help evaluate KitUp User(s).
8.5. The KitUp Services Identity Verification Services may be modified at any time.
8.6. KitUp may from time to time make available certain verification icons to be displayed in relation to a Hirer’s profile and Posted Hires, such as police checks or other verifiable information (such as certifications, qualifications, licenses or other skills) supplied by the Hirer and verified internally by KitUp, or externally by a third party verification provider (“Verification Icons”). Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Hirer and determined by KitUp or a third party verifier subject to its terms. It remains the Hirer’s responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform KitUp immediately if a Verification Icon is no longer valid.
8.7. KitUp may also from time to time issue certain badges to be displayed in relation to a Hirer’s profile and Posted Hires, based on meeting certain qualification thresholds, the Verification Icons issued, or any other combination of information, as determined and set by KitUp (“KitUp Badge”).
8.8. The issue of a Verification Icon or KitUp Badge to a Hirer remains in the control of KitUp and the display and use of a Verification Icon or KitUp Badge is licensed to the Hirer for use on the KitUp Platform only. Any verification obtained as a result of the issue of a Verification Icon or KitUp Badge may not be used for any other purpose outside of the KitUp Platform.
8.9. KitUp retains the discretion and/or right to not issue, or remove without notice to you, a Verification Icon or KitUp Badge if a Hirer is in breach of any of the terms of this Agreement, the Verification Icon or KitUp Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by KitUp.
9. ELIGIBILITY TO REGISTER
9.1. A KitUp account can be created in the name of an individual or a company. A KitUp User registering as an Owner or Renter may specify within the “About You ” field that they are representing a business entity (including a company).
9.2. To create an account and use the KitUp Services You must be able to form legally binding contracts under applicable law. KitUp Services are not available to persons under 16 years of age. If You do not qualify to use the KitUp Services, You must not use the services.
9.3. While You are registered with KitUp You must maintain control of your KitUp account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
9.4. At its absolute discretion, KitUp may refuse to allow any person to register or create an account with KitUp or cancel or suspend any existing account.
10. USER’S OBLIGATIONS
10.1. You agree that at all times:
(a) You will comply with this Agreement (including all KitUp Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the KitUp Platform;
(c) You will promptly and efficiently perform all your obligations to other KitUp Users under a Hire Agreement and to KitUp under this Agreement;
(d) All content (whether provided by KitUp, a User or a third party) on the KitUp Platform may not be used on third party sites or for other business purposes without KitUp’s prior permission; and
(e) You will ensure that You are aware of any laws that apply to You as a Hiree or a Hirer, or in relation to any other way(s) that You use the KitUp Platform.
10.2. You must not use the KitUp Platform for any illegal or immoral purpose.
10.3. You grant to KitUp an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the KitUp Platform for the purpose of including that material and information on the KitUp Platform and as otherwise may be required to provide the KitUp Service, for the general promotion of the KitUp Service and as permitted by this Agreement.
10.4. Any information posted on KitUp Platform must not, in any way whatsoever, be potentially or actually harmful to KitUp or any other person. “Harm” includes, but is not limited to, economic loss that will or may be suffered by KitUp. Without limiting any provision of this Agreement, any information You supply to KitUp must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libelous, threatening or harassing;
(f) be obscene or contain any material that, in KitUp’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any KitUp Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.”
10.5. You must comply with your tax obligations in relation to any payment received under a Hire Agreement.It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. KitUp is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to VAT, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.
10.6. When You enter into a Hire Agreement using the KitUp Platform You create a legally binding contract with another KitUp User, unless the transaction is prohibited by law or by this Agreement (including the KitUp Policies). If You do not comply with your obligations to another KitUp User under a Hire Agreement, You may become liable to that other User. If another User breaches any obligation to You, You – not KitUp – are responsible for enforcing any rights that You may have with that User.
10.7. If KitUp determines at its sole discretion that You have breached any obligation under this clause 10, it reserves the rights to remove any content, Posted Hire or Offer You have submitted to the KitUp Service or cancel or suspend Your account.
11.1. Registering and creating an account with KitUp is free. There is no charge for an Owner to post listing, or for other KitUp Users to review content on the KitUp Platform, including posted listings.
11.2. If a Hirer has accepted your offer, You agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to KitUp (or its nominee), which are inclusive of VAT.
11.3. The Service Fees will be deducted and paid to KitUp when the agreed price is paid to the Hirer. This is 20% of the total hire cost and is paid by the hirer, not the hiree.
11.4. To be clear, Service Fees will be calculated only on the amount that the Hirer agrees to charge the Hiree to provide the kit.
11.5. If a Hirer agrees to reimburse certain costs incurred by the Hiree as part of completing a hire, Hiree is solely responsible for having those costs reimbursed by the Hirer. KitUp will not be responsible for obtaining any reimbursement from a Hirer. We advise Hirees not to agree to incur any costs for a Hirer in advance of payment by the Hirer, unless the Hiree is confident that the Hirer will reimburse the costs promptly.
11.6. KitUp may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after KitUp notifies You of that change by sending a notice to your last known contact address as provided at registration.
11.7. KitUp may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your KitUp account.
11.8. All fees and charges payable to KitUp are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
11.9. If KitUp introduces a new service on the KitUp Platform, the fees applying to that service will be payable as from the launch of the service and will also be “Service Fees” under this Agreement.
11.10. Where a Hirer is supplying kit the Hirer must not charge a Hiree additional fees on top of the agreed price for the kit under the KitUp Hire Agreement.
12. LISTING HIRES AND MAKING OFFERS
12.1. A Listed Hire, also known as a Listing, must include the following details in order to be accepted by KitUp:
(a) Photo / s: Up to date and accurate photos of the kit;
(b) Price: the price that the Hirer is prepared to receive for the kit required; an
(c) Description: a detailed description of the kit including the title of the listing and the brand, model and size of the kit.
12.2. Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.
12.3. As well as the mandatory details mentioned in paragraph 11.1, a Hirer may choose to specify additional terms that s/he wants to apply to the transaction.
12.4. Hirers must describe the kit fully and accurately and include all terms of hire that You want to apply, as well as any information required by law. Listed Hires may only include text. You must have the legal right to use any content that You list. KitUp may, in its sole discretion, remove any Listed Hire for any reason.
12.5. Prior to the Hirer accepting an offer from a Hiree, all communications between a Hiree and the KitUp User(s) making an Offer to supply the kit are visible to KitUp. All Users of the KitUp Platform must take care when communicating at the offer stage and must not disclose any private contact details such as full name or address, phone number or email address.
12.6. In accepting an Offer, a Hirer agrees to provide the relevant kit or services within the timeframe and on the terms and conditions specified in the Listing (unless the Hirer and the Hiree agree to vary the timeframe or the terms and conditions in the course of negotiations, in which case the Hirer must provide the kit or services in accordance with the agreed timeframe and terms and conditions).
12.7. Once a Hirer accepts an offer from a Hiree in accordance with clause 2.9, no further negotiations are permitted on the KitUp Platform in relation to the provision of the relevant kit. If, after the Hirer accepts an offer from a Hiree, the Hirer and Hiree wish to negotiate on price or timeframe for completion (for example, where Hiree needs to change the hire period) they may use the KitUp private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the KitUp Platform. If a Hirer agrees to refund part or all of a Hire Payment, the Hirer must refund the Hire Payment back into the Hiree’s nominated account less the KitUp Service Fee. Per clause 11.8, the KitUp fees and charges are non-refundable.
12.8. If a KitUp User, Hirer or Hiree wishes to complain about any comment made on the KitUp Platform, please either use the “Contact us” section on the platform.
12.9. Hirers may choose not to accept any Offer received and are not required to accept all Offers. Hirers may withdraw any Posted Hire at any time prior to accepting an offer for a Hire.
12.10. A KitUp User or Hiree has no obligation whatsoever to make an Offer on any Listing.
13.1. KitUp is entitled to suspend or terminate your account at any time if KitUp, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other KitUp Users.
13.2. To continue to improve our KitUp Platform, please let us know of any issue that You experience using a Third Party Service by contacting us at https://kitupadventures.com/user_feedbacks/new.
14. LIMITATION OF LIABILITY
14.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law KitUp specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any kit or service supplied), arising out of or in any way connected with any transaction between Hirees and Hirers.
14.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, KitUp specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any kit or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the KitUp Platform.
14.3. Except for liability in relation to a breach of any Non-excludable Condition, KitUp’s liability to any User of this service is limited to the total amount of fees paid by that User to KitUp during the twelve month period prior to any incident causing liability of KitUp.
14.4. KitUp’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing kit (for Hirers) in respect of which the breach occurred, or supplying again or paying the cost of supplying again, kit in respect of which the breach occurred (for Hirees).
15. DEFAULT IN TRANSACTIONS
15.1. If You, as a Hirer or Hiree, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to KitUp’s rights under this Agreement (including any KitUp Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, You may be in breach of your obligations to both KitUp and the Hirer or Hiree with whom You are transacting under a Hire Agreement. If You, as a Hirer, fail to complete a transaction and do not have a lawful excuse for such failure, You must immediately refund the Hire Payment back into the Hiree’s nominated account less the KitUp Service Fee. Per clause 11.8, the KitUp fees and charges are non-refundable.
17. NO WARRANTY
17.1. Except for liability in relation to any Non-excludable Condition, the KitUp service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent allowed by law.
18. MODIFICATIONS TO THE AGREEMENT
18.1. KitUp may modify this Agreement and/ or the Policies (and update the KitUp pages on which they are displayed) from time to time. KitUp will send notification of such modifications to your KitUp account. You should check that account regularly.
18.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the KitUp Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
18.3. If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your KitUp account and stop using the KitUp Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any KitUp Policy cannot be amended except in writing signed by You and KitUp.
19. NO AGENCY
19.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind KitUp, its related entities or affiliates in any way whatsoever. KitUp confirms that all Third Party Services that may be promoted on the KitUp service are provided solely by such Third Party Service providers. To the extent permitted by law, KitUp specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.
20.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to KitUp’s contact address as displayed on the KitUp Platform, or to KitUp Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the Hiree is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, “Business Day” means a day on which banks are open for general business in London, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
21. MEDIATION AND DISPUTE RESOLUTION
21.1. KitUp encourages You to try and resolve disputes (including claims for damage) with other KitUp Users directly. Accordingly, You acknowledge and agree that KitUp may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
21.2. KitUp may provide access to a third party dispute resolution service (“Third Party Dispute Service”). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. KitUp confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
21.3. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
21.4. If You have a complaint about the KitUp Service please contact us at https://kitupadventures.com/user_feedbacks/new.
21.5. If KitUp provides information of other KitUp Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify KitUp against any claims relating to any other use of information not permitted by this Agreement.
22.1. Either party may terminate an account and this Agreement at any time for any reason.
22.2. Termination of this Agreement does not affect any Hire Agreement that has been formed between KitUp Users. If You have entered a Hire Agreement You must comply with the terms of that Hire Agreement including providing the kit or services or paying the price as applicable.
22.3. Third Party Services are subject to Third Party Service provider terms and conditions.
22.4. Sections 10 (Fees), 13 (Limitation of Liability), and 20 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
23.1. This Agreement is governed by the laws of England and Wales. You and KitUp submit to the exclusive jurisdiction of the courts of England and Wales.
23.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
23.3. This Agreement may be assigned or novated by KitUp to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
23.4. This Agreement sets out the entire understanding and agreement between You and KitUp with respect to its subject matter.
24. SERVICE FEE SCHEDULE
24.1. The Service Fee for an offer that has been accepted by a Hiree is equal to twenty percent (20%) of the amount that was accepted.
KitUp Adventures, Ltd Companies House registration number 13650831 (“KitUp” or “We”), manages the information that We collect from you in accordance with all applicable privacy legislation in England and Wales.
Collection and Use of Your Personal Information
KitUp provides a unique, innovative, community-based online peer to peer equipment hire service. A failure by you to provide information requested by us may mean that we are unable to provide some or all of our services to you.
KitUp collects personal information when you complete registration for the KitUp platform. This may include, but is not limited to, your name, address, phone number, contact details, birth date, gender, credit card and account details, occupation and interests. We might also give you the option of providing a photo or video to be associated with your KitUp user profile. If your personal details change, it is your responsibility to update your KitUp account with those changes, so that We can keep our records complete, accurate and up to date.
You are not anonymous to us (KitUp) when you log into the Platform, or post any content (including listings, comments or feedback) on the Platform, or any associated forum. To enable us to improve our existing services and to create new service features, KitUp may collect, and share with other users and service providers on KitUp, information about the way you use our services, including (but not limited to) the transactions you enter into on the Platform, your feedback rating (including any references requested using our ‘Reference’ feature), the hires you make, the comments you post, and the transactions you enter into with our valued affiliate service providers.
use the Platform to list item(s) for hire, request to hire an item, or comment on an item, or provide feedback related to other users; or
otherwise communicate in a public forum on the Platform,
your username and all the material that you post is visible to other KitUp users and is also publicly available to other internet platform users. We strongly encourage you to use caution and discretion when posting on the platform. KitUp does not in any way control, and does not accept any responsibility or liability whatsoever for, the disclosure or use of personal information, which is voluntarily posted by you, in any publicly accessible area of the Platform.
KitUp may also receive and record information from your internet browser and computer, including IP addresses, cookies (see section 2 below), software and hardware attributes and your page requests.
In addition to data collected from your submissions, we may also collect data on your internet behavior from Facebook, other social media sites, and other services. If you use a location-enabled KitUp service, KitUp may collect and process information related to your real time location (for example, GPS signals sent by your mobile device). We may also use a range of different technologies to confirm your location, while using the platform.
KitUp may use the information collected by the platform for the KitUp Services, including (but not limited to):
identification and authentication;
to protect KitUp and the users of the Platform;
to customise the content and any advertising displayed on the Platform;
to provide, maintain, protect and improve our service offerings;
providing your information to a user with whom you have or had a hire facilitated by KitUp;
as required by law, order of a court, tribunal or regulator, or if KitUp reasonably believes that the use or disclosure of the information is reasonably necessary for enforcement related activities;
to facilitate claims via 3rd party insurance providers;
to develop new service features;
to ensure that KitUp receives payment of the fees due to it;
to contact you (for example, to inform you about upcoming changes or improvements to our services);
to conduct research;
to permit content on the Platform (such as postings or third party advertisements) to be targeted, on an aggregate basis, to the users for whom it is most likely to be relevant;
to expand our user base;
to develop our relationships with affiliate service providers;
to provide or arrange internal or external verification services obtained by you via the Platform; and
to generate data reports on an aggregated, non-personally identifiable basis, for both internal and third party use, but subject to any applicable laws (for example, We may show advertisers or investors trends relating to the general use of KitUp’s services).
Your contact information may also be used for accounting, invoicing and billing purposes, marketing purposes, by third party service providers to KitUp, and to respond to any enquiry you make, in some cases information we collect is transferred overseas. When you contact KitUp, We may keep a record of the communication(s) between you and KitUp to help resolve any issues you might have. If other user(s) of the Platform already have your username (or other information identifying you), and you have chosen to upload a photo or other personal information to your KitUp account, We may show those user(s) that personal information.
In certain circumstances We will use your email address to administer our User Agreement (for example, We may notify you of a breach, or action a request for a Take Down Notice in response to a claim of copyright infringement).
If We collect, use or disclose any information from you that is not personal information, but is sensitive information (such as information relating to police checks conducted on users of the Platform), then We will seek consent directly from you each time we collect, use or disclose your sensitive information, including for direct marketing purposes. We will not use or disclose your sensitive information for any other purpose unless the purpose is directly related to the primary purpose for which your sensitive information was collected.
Cookies and Anonymous Identifiers
If you have registered on the Platform then your computer or device may store an identifying cookie or anonymous identifier, which can save you time each time you re-visit the Platform, by accessing your information when you sign-in to KitUp.
You agree that if you change the settings on your internet browser to block or restrict cookies (including cookies associated with KitUp’s services), or to indicate when a cookie is being set by KitUp, the KitUp Services may not work as intended. You should remember that, while you may still be able to use the Platform if your cookies are disabled, our services may not function properly on your device and you may not be able to take advantage of certain KitUp features.
Protecting and Maintaining Personal Information
Your account is protected by a password for your privacy and security. We will take all reasonable steps to protect the information We hold about you from unauthorised access, use and disclosure, however We cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses. We cannot and do not guarantee that information you send from your computer to us over the Internet will be protected by any form of encryption (encoding software). In light of this, We cannot and do not ensure or warrant the security or privacy of your personal information, including payment and account details. You transmit your personal information to us at your own risk.
You are entirely responsible for maintaining the security of your passwords and/or account information.
Third-party vendors, including Google, may show KitUp ads on sites across the Internet.
When you register on the Platform you may be given the opportunity to elect (“opt-in”) to receive updates on our latest services, news and special offers, and those of our valued affiliate service providers (“Marketing Material”), via your KitUp account, personal e-mail address, post or telephone. If you conclude a transaction on the Platform, you may also be given the opportunity to opt- in to receive Marketing Material from KitUp and our valued affiliate service providers.
Once you opt-in to receive Marketing Material, You may, at any time, opt-out of receiving Marketing Material. To opt-out of receiving Marketing Material, You can click on the “unsubscribe” link in any email containing Marketing Material that We send you.
KitUp uses Remarketing with Google Analytics to advertise online. Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customise Google Display Network ads.
Marketing KitUp and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on someone’s past visits to the KitUp platform.
Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customise Google Display Network ads.
KitUp reserves the right to send you administrative and account-related messages that you may not opt-out of. To cease all communications to you from KitUp you must close down your KitUp account.
Accessing Personal Information
We will allow you, at any time, to access, edit, update and/ or delete the personal information that We hold about you, unless:
We are legally permitted or required to deny you access to, and/ or to retain, the information; or
you make request(s) that are unreasonably repetitive, require KitUp to make a disproportionate technical effort (for example, to develop an entirely new system), risk the privacy of others, or would be highly impractical to comply with.
If you wish to access the personal information We hold about you, or to delete your KitUp account, you should contact us.
We need to prevent information in our systems from being accidentally or maliciously destroyed. This means that, where you delete information from our services, residual copies of that information on our active servers, as well as any corresponding information on our back-up systems, may not be immediately deleted.