Terms Of Service, Refund, and Cancellation Policy

Kerblet Parking Mobile Application | Kerblet.com | Last Updated : 01-July-2021

We will provide their services to you, which are subject to the conditions stated below in this document. Every time you use Kerblet App, Kerblet.com website use its services, or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.


Kerblet Mobile Application/ Services is/are operated /provided by Kerblet Parking & Services Private Limited (Referred to as “Operating Company”) .


These terms and conditions (“User Terms/Terms Of Service”) apply to Your visit to and use, of the mobile Application whether through a computer or mobile phone or any other compatible device, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Application. This document is an electronic record in terms of Information Technology Act, 2000 of India and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 of India. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the “I Accept Terms Of Service” checkbox during the mobile number registration process on our Application, You are consenting to be bound by these User Terms & Conditions. Please ensure that you read and understand all these user terms before you use the site/application. If you do not accept any of the user terms, then please do not use the site or avail any of the services being provided therein. Your agreement to these user terms shall operate as a binding agreement between you and Kerblet parking application in respect of the use and services of the site

Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at here on Kerblet website

 

1. Glossary Of Terms Used Within This Agreement

  • Parking User : A Person who requests and avail parking facilities(s) listed on our Application.

  • Parking Owner : A Person who provides Parking facility and list parking facilities(s) on our Application.

  • Parking Attendant : A Person who may or may not be an employee of Parking owner and attendant parking facility for a Parking owner with Parking Owner’s permission.

  • Website visitor : A Person visiting our website Kerblet.com

  • Price : The Parking fee Kerblet app charge to Parking User in return of Parking booking on our app.

  • Kerblet Handling Fee : The Fee Kerblet App charge to Parking Owner in return of availing this technology platform offered by Operating Company via Kerblet application.

  • Parking Spaces: Parking area offered for commercial parking by parking owner on Kerblet platform.

  • Platform : Kerblet is a parking services aggregator platform.

  • Parking Reservation: Allotment of parking space for a specified time requested by Parking User.

  • In-App-Parking Wallet: Shall mean a pre-paid parking pass instrument, which can be used to make payments and use service offered in Kerblet application.

  • Auto Confirmation : Parking reservation is confirmed by the Kerblet system as per lots availability and if that option setup by Parking space owner.

  • Manual Confirmation : Parking reservation is manually confirmed by parking owner.

  • Un-confirmed Parking reservation:  Parking reservation status in app which is not Auto confirmed nor manually confirmed.

  • Check-in : User confirmation in app to indicate parking operator that he has arrived and parked his vehicle  at the lot reserved in Kerblet offered parking space. In case of promotional passes pressing check-in indicates that  user has used that coupon 

  • Check-out : User confirmation in app to indicate parking operator hat he has removed his parked vehicle from the lot reserved in Kerblet offered parking space. 

 

2. App Use Eligibility

You will be “Eligible” to use the Services only when You fulfil all of the following conditions:

  • a. You have attained at least 18 (eighteen) years of age.

  • b. You are competent to enter into a contract under the Applicable Laws. If You reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.

3. Mobile Registration & Account Creation

 

  • a. You understand and acknowledge that You can register on the Application only after complying with the requirements of this Clause and by entering Your Registration Data.

  • b. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.

  • c. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all 
    activities and transactions that occur through Your Account, whether initiated by You or any third party. Your 
    Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may 
    incur as a result of someone else using Your password or Account, either with or without Your knowledge.

  • d. We reserve the right to terminate Your Account with immediate effect and for an indefinite period, if We have a 
    reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the 
    security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

  • e. Except for the Registration Data or any other data submitted by You during the use of any other service offered through our Application(“Permitted Information”), Kerblet does not want You to, and You should not, send any confidential or proprietary information to Kerblet on the Application or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Kerblet other than the Permitted Information will not be considered confidential or proprietary.

  • f. It is Your responsibility to check to ensure that You download the correct Application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.

  • g. We allow You to open only one Account in association with the Registration Data provided by You. In case of any 
    unauthorized use of Your Account please immediately reach Us at helpline@kerblet.com.

  • h. In case, You are unable to access Your Account, please inform Us at helpline@kerblet.com and make a written 
    request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your
    Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

  • i. If creating account in Kerblet App by participating in any promotional deals made available to you by our participating locations then you agree that you voluntarily downloading our app and creating your account by providing your information to us.   

4. Parking Services


The Application permits you to avail parking services provided by TPSPs (Third Party Service Providers). The service allows you to send a request through Kerblet Parking Application . The Parking Owner has sole and complete discretion to accept or reject each parking reservation request. If Parking owner accept request Kerblet App notifies you and provides information regarding confirmation of booking, parking lot location, your booking details and Parking owner details – that includes Owner’s name , Profile Photo, Mobile number and such other details as Kerblet may determine. Its also provides you appropriate payment receipt within App. Kerblet shall perform reasonable efforts to bring you the parking lot availability information in search and real-time mode, subject to the availability of the parking space or around your location at the moment of your request of such services.


By Using the Application or the services, you further agree that:

 

  • a. You fully understand and consent that parking user park their vehicles on their own risk on Kerblet parking spaces.

  • b. You fully understand and consent that Kerblet is a parking aggregator platform and many times don’t necessarily own or operate any of the parking spaces offered on Kerblet platform (unless other wise explicitly mentioned ) hence any damage to your vehicle when parked on any of listed parking spaces on our platform is your solo responsibility. Kerblet App or, its Operating Company or, directors of operating company or, shareholders of operating company or, Parking Owners are not responsible to pay for any
    damage to your vehicle while parked on their premises.

  • c. You fully understand and consent that your vehicle is not covered under any insurance policy by Kerblet app and Operating Company. You responsible to make sure that your vehicle is having appropriate insurance policy as required by local, state and central; government laws & regulations.

  • d. You will use the service or download the Application for your sole, personal use and will not resell or assign it to third party unless other wise as registered attendant within app;

  • e. You will not use the Kerblet Application for any unlawful purpose and activities;

  • f. You will not try to harm the Kerblet service, site, Application or our network in any way whatsoever;

  • g. You will provide Kerblet with such information and document Kerblet reasonably request;

  • h. You aware that when requesting our service via Kerblet Application will attract data & messaging service charged as applicable of the your and our phone network service providers will apply;

  • i. You will comply with all applicable law from your country of domicile and residence and the country, state/or city in which you are present while using the application;

  • j. You are aware of and shall comply with the information technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

  • k. You are aware that Kerblet and it’s operator company reserves the right to immidialty terminate the service and the use of the Application in the event of no-compliance with any of the above requirements.

  • l. You are aware that authorized representative of Kerblet and its operating company shall provide information regarding services, discounts and promotions provided by Kerblet to you by way of an SMS or email to your registered mobile and email address.

  • m. You are aware that Kerblet and its operating company will be entitled to process and transfer your information as and when it deems fit and it may store or transfer your information in a server outside India or the country where you are located in order to perform Kerblet’s obligations under these customer terms of services.

5. Confirmation of Parking Reservation

 

  • a. Kerblet shall, upon receiving the parking reservation request from you in the manner set out above, proceed to auto confirm or, manually confirm or decline reservations based on the availability of parking space at the reservation start time. 

  • b. Auto confirmation is app feature provided to parking owner as an option to systematically confirm  the reservations based on availability of the parking space. User can cancel the reservation before check-in 

  • c. Manual confirmation is app feature provided to parking owner as an option to manually confirm  the reservations based on availability of the parking space. User can cancel the manually confirm reservation before check-in. Please review our cancellation & refund policy in the next section of this agreement.

  • d. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation via in-app message or failure to inform Kerblet of the incorrect details immediately.

6. Parking Extension

  • a. Parking Reservation can be extended from the Original end time by clicking on extend button on reservation.  

  • b. User will get a in App message to notify whether user would like extend the reservation or not . if user chose not extend then  reservation time will auto end after 15 minutes of grace period and Parking User must remove vehicle within this 15 minutes of grace period.

  • c. In case of vehicle is not removed during this 15 minutes grace period then parking owner will parking owner or Parking owner’s designated attendant will collect the parking fee at same rate in cash for that additional duration of the parking. 

  • d. In case Parking owner or Parking owner’s designated attendant unable to collect payment in cash payment towards G then Parking owner or Parking owner’s designated attendant will report to Kerblet and Kerblet will collect it behalf of them from Parking user. 

7. Payment

  • a. Online payment through an In-App-Wallet powered by a third party payment processor (“Payment Processor”). In-App-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. 

  • b. The processing of payments, in connection with Your use of the In-App-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Kerblet engages for the purpose.

  • c. Kerblet will not be responsible for any errors by the Payment Processor in any manner. 

  • d. Further, even in cases of In-App-Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the attendant.

8. Refund and Cancellation Policy

Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund back the money, provided the reasons are genuine and proved after investigation. Please read the fine prints of each deal before buying it, it provides all the details about the services or the product you purchase.

a. Cancellation Policy

Parking user can cancel their reservation anytime before check-in . Please read our refund policy before cancelling reservations. Parking User can’t cancel after checked-in.

b. Refund Policy

 

We will try our best to get a suitable Parking lots in and around multiple cities for our customers. We provide refund our parking users in case of following events.

  1. We refund 100% of Parking reservation amount to Parking User in case Parking User cancel un-confirmed Parking reservation.

  2. We refund 100% of Parking reservation amount to Parking User in case Parking Lot Owner cancel un-confirmed Parking reservation.

  3. We refund 100% of Parking reservation amount to Parking User in case Parking Lot owner cancel Confirmed or unconfirmed Parking reservations.

  4. We refund Parking reservation amount – (minus) penalty on total Parking reservation amount as a cancellation fee for cancellations of all manual confirmed parking reservations by Parking User. Our parking lot owners make sure you get a lot you reserved on your arrival hence our parking lot owners are entitle to receive the cancellation fee after honoring your reservation by their manual confirmation. In case of Auto Confirmed reservation cancellations no fee will be charged to Parking User.

  5. NO refund of any type will be provided for Parking reservations that are self-ended by Parking User after Check-In and before specified time. 

  6. NO refund of any type will be provided in case Auto cancelled Parking Reservations because of “No Show” in duration Of Reservation. No-Show Meaning : a person who has made a reservation but neither use nor cancels it.

  7. We refund 100% Parking Reservation Amount in event you checked-in but you have been asked by parking Owner to leave the parking lot before to end of your reservation time.

If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway name payments refund will be made to the same account.

 

9. User violation of user terms

  • a. You shall not smoke and drink at the parking lot or misbehave with the parking operator, attendant or distract the parking attendant or other customers parking at parking space or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the parking reservation without any refunds. In the event You fail to pay fine after the completion of the parking reservation, we may at our discretion, take such steps as may be available to us under Applicable Law. We promptly report all such illegal activities to local law enforcement. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Kerblet. 

  • b. You shall not carry or store any explosive or fire arms or any other harmful material in your vehicle while parked at the parking space. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the parking reservation without any refunds. Our Parking operators and We promptly report all such illegal activities to local law enforcement. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Kerblet

  • c. You shall not illegally solicit anything at parking location without written permission of parking owner to you.   . In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the parking reservation without any refunds. We promptly report all such illegal activities to local law enforcement. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Kerblet

10. Customer Support

  • a. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 23.b. In case of a parking booked on our Application, You shall be required to rate the parking after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the parking or Services.

  • b. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.

  • c. Any issue reported on channels other than the above may be addressed by Kerblet only on a best-effort basis. Kerblet takes no liability for inability to get back on other channels.

  • d. Kerblet shall endeavor to respond to Your issues within 2 (two) working days of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Kerblet shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.

11. Emergency Services To Customer

  • a. By accepting these User Terms and on calling Helpline Number in setting menu on the Kerblet App, You consent to Kerblet using its best endeavors to provide You with assistance during a safety incident, emergencies or distress, as per Kerblet’ s internal policies on emergency response. Kerblet may undertake remedial action(s), including, but not limited to the following

  • b. When you call Helpline Number in setting menu and report a safety incident, the Kerblet representative may escalate the incident internally or liaise with any third party security service providers to assist You and/or deploy response teams to Your location.

  • c. Kerblet may inform any government authorities, such as the concerned police station, about the incident and seek their assistance; Kerblet may also provide such authority(ies) with your personal information including but not limited to your exact GPS location, your registered email ID and mobile number to enable them to take appropriate steps to assist You.

  • d. Kerblet may engage third party security providers to assist You and Kerblet in addressing the incident. For this purpose, Kerblet may share your personal information, including but not limited to, your exact GPS location, your registered email ID and mobile number with third parties such as a security services provider, to enable them to take appropriate steps to assist You and solely to resolve the incident.

  • e. Further to the above, You may receive telephone calls from an Kerblet representative and/or the relevant response team at the time of calling helpline number and in the duration that the incident is being resolved, and the same shall not be construed as breach of TRAI guidelines, in as much as these would be made for Your security and safety purposes.

  • f. Under this clause, You give Your express consent to permit Kerblet to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response.

  • g. Kerblet will not be liable for any deficiency of service, provided to You under this clause on a best efforts basis, and this clause does not, in any manner, restrain You from seeking any other form of assistance from any other party.

 

12. Force Majeure

We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues

13. Indemnification

By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Kerblet, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the TPSPs \or (c) Your use or misuse of the Application or Service.

14. Liability

  • a. The information, recommendations and/or Services provided to You on or through the Site, the Application and Kerblet call center are for general information purposes only and does not constitute advice. Kerblet will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.

 

  • b. Kerblet shall not be liable for You missing trains/flights/events or delays etc. as the Service is dependent on many factors not in Kerblet’s control. You must book Your parking after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.

  • c. In the event, there is a delay by the Vehicle in reaching the parking location beyond 30 (thirty) minutes of the check-in time, Kerblet shall only endeavor to get You in touch with the parking owner for Your parking using our chat functionality available. Parking owner see your phone number and can reach you as well.

 

  • d. Kerblet shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in helpline number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.

 

  • e. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the parking, Kerblet will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Kerblet of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Kerblet. In the event it is found, You shall be informed about the Kerblet office from where You can collect it after 3 (three) working days from the date You were informed. Kerblet however shall not be responsible for delivering the same back to You. If requested, Kerblet may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Kerblet office. Kerblet shall charge You a flat fee of Rs. 800 for such delivery.

 

  • f.  Kerblet does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.

 

  • g. Kerblet shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Kerblet. Kerblet will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.

 

  • h. IN NO EVENT SHALL KERBLET BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KERBLET HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

 

  • i.  IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KERBLET’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).

 

  • j.  If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Kerblet shall be the minimum permitted under Applicable Law.

 

15. Application License

  • a. Subject to Your compliance with these User Terms, Kerblet grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.

  • b. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.

  • c. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.

 

  • d. Kerblet will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kerblet may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Kerblet has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Kerblet reserves the right, at any time and without prior notice, to remove or disable access to any content that Kerblet, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.

 

16. Content Posted By Customers

  • a. Kerblet may accept posting of any notes, messages, emails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Kerblet shall not in any manner be responsible for or endorse the Posted Content.

  • b. You agree that when posting Posted Content, You will not:

  1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent  or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.​

  2. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.

  3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

  4. Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.

  5. Conduct or forward surveys, contests, pyramid schemes or chain letters.

  6. Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.

  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  8. Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.

  9. Restrict or inhibit any other user from using and enjoying the Site.

  10. Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.

  11. Harvest or otherwise collect information about others, including email addresses, without their consent.

  12. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

  13. Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

 

 

17. Intellectual Property Ownership

  • a. Kerblet alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to

 

  1. the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering;

  2. text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or

  3. Other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks.

 

For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.

 

  • b.  These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Kerblet. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.

  • c.  You may use information on the Site purposely made available by Kerblet for downloading from the Site, provided that You:

  1.  do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;

  2.  use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

  3.  do not make any additional representations or warranties relating to such information.

18. Hypertext Links

  • a.  If permitted by Kerblet, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any Kerblet trademarks or service marks or any Content belonging to Kerblet and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.

 

19. Term And Termination Of License Agreement

  • a.  Unless terminated in accordance with this Clause, the agreement between Kerblet and You is perpetual in nature upon downloading the Application and for each Parking booked through the Site.

  • b.  You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.

  • c. Kerblet is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of Kerblet, misuse the Application or the Service. Kerblet is not obliged to give notice of the termination of the agreement in advance. After termination Kerblet will give notice thereof in accordance with these User Terms.

  • d. Termination of this agreement will not prejudice accrued rights of either Kerblet or You.

  • e. Clauses in section Indemnification, Liability, Application License, Contents posted on Site/ Application, Intellectual Property Ownership, Term and Termination, Notice and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.

20. Invalidity Of One Or More Provisions

  • a.  The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.

 

21. Conflict

In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Kerblet, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.

22.Disclaimer

  • a. You agree that Kerblet is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Kerblet does not endorse, advertise, advise or recommend You to avail the Services of any Parking owner and/or Parking Attendant. Kerblet also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.

  • b. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.

  • c. Kerblet and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Kerblet or any other person's negligence or otherwise).

  • d. This Site, Application and all content on the Site and the Application are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Kerblet shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.

  • e. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

  • f.  Kerblet is not engaged in the insurance business and does not provide any insurance services. Kerblet does not guarantee or make any promise in relation to the insurance policy/ insurance company, including but not limited to any benefits from use of the insurance services provided by the insurance companies, such as coverage, claims and settlements in case of damage when vehicle is parked. Any claim or servicing of insurance policies, raised through the Application, remains a matter between the Customer and the insurance company, and Kerblet shall not be responsible for the actions of the insurance company or the Customer. It is to be noted that the insurance policy number, claim certificate, invoice for the insurance premium/ fee collected from the Customer is not be issued by Kerblet, but will be issued by the respective insurance company. Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of Kerblet. Kerblet disclaims all and all liability in relation to the services of the insurance company. Please reach out to the insurance company in case of any questions/ issues.

23. Modification Of The Service And User Terms

  • a. Kerblet reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.

  • b.  Kerblet shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Kerblet last modified the User Terms by referring to the “Last Updated” legend above. It shall be Your responsibility to check these User Terms periodically for changes. Kerblet may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.

24. Notice

  • a.  Kerblet may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Kerblet’s account information.

  • b.  You may contact Kerblet by email at legalnotice@kerblet.com or by written communication sent by regular mail to Our address at Flat No. 04, P No. 21, CTS No. 16030/50, Second Floor, Varad Complex, Bijali Nagar, Aurangabad- 431001

 

25. Assignment

  • a.  You shall not assign Your rights under these User Terms without prior written approval of Kerblet. Kerblet can assign its rights under the User Terms to any affiliate.

26. Communications

The entire communication with us is electronic. Every time you send us an email or visit our website or our Application, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

27. Applicable Law And Dispute Resolution

These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Kerblet as Kerblet may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Kerblet and You. The place of the arbitration shall be Aurangabad, Maharashtra, unless otherwise mutually agreed by Kerblet and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Aurangabad, Maharashtra, India.

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