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KANGOORA IS AN ONLINE PLATFORM
THROUGH WHICH ITEM LISTERS MAY CREATE RENTING LISTINGS AND RENTERS CAN BOOK THE
ITEMS DIRECTLY WITH THE LISTER.
YOU AGREE THAT KANGOORA IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ITEM LISTER AND RENTER, NOR IS KANGOORA AN AGENT OR INSURER. KANGOORA HAS NO CONTROL OVER THE CONDUCT OF THE ITEM LISTERS, LISTERS AND OTHER USERS OF THE SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
1. Kangoora is not a Lister, owner or operator of any of the Items posted in it. Kangoora's responsibilities are limited to: (i) facilitating the availability of the website, application and (ii) acting as collection coordinating service of Listers for accepting payments from Renters on behalf of the Lister via third party Payment Processing Service Provider.
2. Kangoora recommends that Listers will obtain an appropriate insurance for their Items. Including reviewing and understanding all policy exclusions, deductibles and coverage of Renters.
3. The Renter is required to obtain a traveler insurance policy, which includes a medical coverage/bodily injury coverage to the people who will use the items.
4. You agree to provide complete, accurate information when registering and listing your items, and to update such information for any changes.
5. You agree to be in compliance with all applicable laws, rules and regulations, tax requirements that may apply to any Item included in a Listing you post. The Lister is responsible for his/her Items, own acts and omissions and also responsible for the acts and omissions of any individuals who use your Item at your request or invitation, excluding the Renter.
6. Confirming to rent an item will require the Renter and the Lister to enter in an agreement between them. Kangoora will not be responsible for the fulfillment, operation or any performing obligation of a booking order made under the agreement between Lister and Renter. Kangoora disclaims all liability arising from or related to any such agreements, to which it is not part. Kangoora is only acting as collection coordinating service of Listers for accepting payments from Renters on behalf of the Lister by using Payment Processing Service Provider.
7. You as a Renter agree to pay the Lister the Total Fees for any booking requested confirmed by the applicable Lister.
8. Both Renter and Lister agree, that renting, booking or hiring an item will be done only through the Kangoora platform. Any other method of engagement and/or transaction between the Renter and the Lister, may cause for the immediate closing of accounts at the sole discretion of Kangoora Company.
9. Total Fees include renting Item fees, Service fees, damaged fees, late fees and any other fee which may apply.
10. Credit card – including any electronic payment methods (i.e. Paypal).
11. Payment Processing Service Provider – Paypal or any other similar service provider
12. You also authorize Payment Processing Service Provider to charge your credit card in the event you are late in returning.
13. As soon as Kangoora receives confirmation of booking from a Lister, Kangoora will instruct the Payment Processing Service Provider to collect the Item Fees in the applicable Listing. Kangoora cannot control any fees that may be applied to a Renter by his bank or credit card. Kangoora will not be responsible for these fees in any way. The fees will be transferred to the Lister net of transaction Service fees and Taxes if applicable.
14. As a Lister who received a booking requested for your Item via Kangoora , you will be required to confirm or reject the booking request within 3 days. Failing to do so will cause the booking request to be automatically canceled and you will not be entitled to any amount in connection with the booking whatsoever, just as if you declined the booking.
15. Following a Renter's Booking Request, you agree not to raise the price or ask the Renter to pay a higher renting Item fee than the original booking request.
16. Lister agrees that the payment made by a Renter through Payment Processing Service Provider shall be considered the same as a payment made directly to him/her. The Lister agrees that Kangoora may permit the Renter to cancel the booking and ask the Lister to refund the Renter that portion of the Item Fees specified in the applicable Cancellations policy.
17. Kangoora charges the Service Fees in consideration for the use of Kangoora 's online marketplace and platform. Kangoora instruct the Payment Processing Service Provider to deduct the Service Fees from the Item Fees before the Payment Processing Service Provider remitting the balance to the Lister.
18. Service Fee – Kangoora service fee is 15% commission from the total renting transaction fee, and will be deducted from the Lister's fee amount. Kangoora may decide to change the Service fee from time to time. The change will apply to new transactions.
19. Cancellations and Refunds:
- The Kangoora Service fee is
- If Renter cancels up to 1 working day before scheduled delivery / pickup date, rental fee amount will not be refundable.
- Renter cancels less than 5 working days before scheduled delivery/pickup date, Lister agrees to refund the Renter for 50% of the Item fee amount.
- Renter cancels more than 5 business days before scheduled delivery/pickup date, Lister agrees to refund the Renter for the full Item fee amount.
- If there is a complaint from either party, notice must be given to Kangoora within 6 hours from delivery time.
- Kangoora will mediate when necessary, and has the final say in all disputes.
- Applicable taxes will be retained and remitted.
- If the Lister is required to perform a refund to the Renter according to the above, he will be responsible to process the refund to the Renter account/credit card in the Payment Processing Service Provider in 3 working days from the cancellation notice. Failing to do so may cause freezing of the Lister account at Kangoora and reporting to the protection plan (or any similar plan) of the Payment Processing Service Provider.
20. Kangoora reserves the right to terminate or freeze your Kangoora Account and your access to Kangoora at its sole discretion.
21. Kangoora may decide, in its sole discretion, to cancel a confirmed booking made for any special reason at its sole discretion and refund the Renter. Following such cancellation the Lister is obligated to refund the Renter for the Item fees.
22. Tax - The Lister is solely responsible for any tax payment for rent fees if applicable, including VAT.
23. Damage to Items - Renter is responsible for returning the Item in the condition it was in when you got it. If the Lister claims otherwise, with evidence of damage (i.e. photo), Renter will compensate him for the damages/cost of replacement. Minor and reasonable wear and tear, as a result of normal use, will not be considered as damage. The claim will be open for 72 hours for response and if not decided otherwise by Kangoora – will be charged and taken from the Renter credit card by the Payment Processing Service Provider. The Lister is responsible that the Item/s he/she lists meets minimum quality standards of usability, compliance with the Item description and safety. Compensation costs may apply to the Lister if he/she fails to do so, for the benefit of the Renter, such as covering his/her costs and damages. You agree that only Kangoora can decide on this matter at its sole discretion and its decision will be binding for both the Renter and the Lister. Kangoora will operate a resolution center to settle disputes between Renters and Listers if necessary. You also authorize the Payment Processing Service Provider to charge your credit card in the event of any damages caused. Damages also include late return of the item to the Lister. If a Renter is late to return the item, he/she will be charged 200% extra of the daily Item fee for each day he/she is late.
24. Content - All content in Kangoora will not be used for any other purpose without Kangoora 's approval in advance. The Renter agree to upload content owned by him and not belong to any third party.
25. Dispute Resolution - You agree that binding arbitration will be used to settle and dispute or act between Kangoora and you.
26. Disclaimers - Kangoora service is provided “as is” without any expressed or implied warranty to the website, application, items presented and rented, advises presented in the service, the background of the Listers and the Renters and any information related to those. You are solely responsible for interactions and communication with others in Kangoora . Kangoora does not verify the statements of users of the services. Kangoora explicitly disclaims all liability for any act or omission of any Lister, Renter or other third party.
27. Limitation of Liability - You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any items via the site, application and services, your participation in the referral program, and any contact you have with other users of Kangoora whether in person or online remains with you. Neither Kangoora nor any other party involved in creating, producing, or delivering the site, application, services, collective content or the referral program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or your participation in the referral program or from your listing or booking of any item via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Kangoora has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
28. Except for our obligations to pay amounts to applicable Listers pursuant to these terms, in no event will Kangoora 's aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your listing or booking of any item via the site, application and services, or from the use of or inability to use the site, application, services, or collective content or your participation in the referral program and in connection with any item or interactions with any other members, exceed the amounts you have paid or owe for bookings via the site, application and services as a Renter or a Lister.
29. Indemnification - You agree to release, defend, indemnify, and hold Kangoora , its affiliates, subsidiaries, directors, employees and agents harmless from and against any claims, liabilities, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the services of Kangoora .
30. Controlling Law and Jurisdiction –without derogating from the above clause regarding arbitration, you and Kangoora agree to submit to the personal jurisdiction of the court located in the city in which Kangoora main offices are located for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision above.