Terms and conditions
kidtrip LLC (“kidtrip”) provides an online platform that connects item owners with those seeking to rent said items ("Services"). These Services are accessible at kidtripco.com and any other websites through which kidtrip makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application").
If you are using the Site, Application or Services you are contracting with kidtrip with respect to use of the kidtrip Site, Application or Services, and with kidtrip Payments in regards to any payments or payouts from or to you conducted through the Site, Application or Services.
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and kidtrip. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
"kidtrip Content" means all Content that kidtrip makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Reservation Request Period" means the time period starting from the time when a reservation is requested by a Patron (as determined by kidtrip in its sole discretion), within which an Owner may decide whether to confirm or reject that reservation request, as stated on the Site, Application or Services. Different Reservation Request Periods may vary geographically.
"Collective Content" means Member Content and kidtrip Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Patron" means a Member who rents an Item or Items via the Site, Application or Services.
"Owner" means a Member who creates a Store with Items for rent via the Site, Application and Services.
"Store" means the online platform created by the Owner that contains all Items they own and are available for Rent.
"Item Profile" means the description of the Item available for rent.
"Exchange" means the context and details involved in the correspondence between the Owner and the Patron.
"Listing Category" means a general set of the Item types that an Owner can list as available for rental via the Site, Application, and Services.
"Listing Subcategory" means a set of Items that can be listed by an Owner as available for rental via the Site, Application, and Services.
"Member" means any person who completes kidtrip's account registration process, including but not limited to Owners and Patrons, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Item or lodging taxes, fees (such as convention center fees) that Item providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Description of Services
The Site, Application and Services make up an online platform through which item Owners (“Owners”, defined above) can create a personal online store (defined above) of items (defined above) that are available for rent by Patrons (defined above). Patrons are able to rent items as well as learn about items using the site.
It is understood that kidtrip is not a party to any agreements entered into between Owners and Patrons. kidtrip is not a broker, agent or insurer and has no control over the conduct of Owners and Patrons or other users of the site, application or services. kidtrip disclaims all liability in this regard to the maximum extent permitted by law.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and Terms and Conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
kidtrip reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and renting of personal property ("Items"). Such Items are included in Stores on the Site, Application and Services by Owners. You may conduct searches as an unregistered visitor to the Site, Application and Services; however, if you wish to view complete details about Items, book an Item or create a Store, you must first register to create a kidtrip account (defined below).
kidtrip makes available an online platform for Owners and Patrons to communicate online and arrange for rentals of Items directly with each other. kidtrip is not an owner or operator of items, nor is it a provider of properties, and kidtrip does not own, sell, or resell items. Unless explicitly specified otherwise in the kidtrip platform, kidtrip's responsibilities are limited to: (i) providing access to the Site, Application and Services and (ii) serving as the limited payment collection agent of each Owner for the purpose of accepting payments from Patrons on behalf of the Owner.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO CONNECT OWNERS AND PATRONS IN ORDER TO FACILITATE RENTING ITEMS DIRECTLY WITH EACH OTHER. KIDTRIP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEMS. KIDTRIP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ITEMS. ACCORDINGLY, ANY RENTALS WILL BE MADE AT THE OWNER’S OWN RISK.
In order to access certain features of the Site and Application, and to rent an Item or create a Store, you must register to create an account ("kidtrip Account"), which then you become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your kidtrip Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to kidtrip through the Site, Services or Application; or (ii) allowing kidtrip to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to kidtrip and/or grant kidtrip access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating kidtrip to pay any fees or making kidtrip subject to any usage limitations imposed by such third-party service providers. By granting kidtrip access to any Third-Party Accounts, you understand that kidtrip will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your kidtrip Account and kidtrip profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your kidtrip Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or kidtrip's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
kidtrip will make no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and kidtrip is not responsible for any SNS Content.
kidtrip will create your kidtrip Account and your kidtrip profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active kidtrip Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. kidtrip reserves the right to suspend or terminate your kidtrip Account and your access to the Site, Application and Services if you create more than one (1) kidtrip Account or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your kidtrip Account, whether or not you have authorized such activities or actions. You will immediately notify kidtrip of any unauthorized use of your kidtrip Account.
Creating A Store
As an Owner, you may create an online Store to list your items for rent. To create a store, you will be asked a variety of questions about the Items to be listed, including, but not limited to, the make, model, features, age, original purchase price, deliverability, and availability of the Items and pricing and related rules and financial terms. In order to be featured in user searches via the Site, Application and Services, all Items must have valid physical addresses. Items from your Store will be made publicly available via the Site, Application and Services. Patrons will be able to book your Items via the Site, Application and Services based upon the information provided in your Item Profile. You understand and agree that once a Patron requests a rental of your Item, you may not request the Patron to pay a higher price than in the rental request.
You acknowledge and agree that you are responsible for any and all Items you post in your Store. Accordingly, you represent and warrant that any Item you post and the rental of, or a Patron’s usage of and Item from your Store (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable, Tax requirements, and rules and regulations that may apply to any Item included in your store (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that kidtrip assumes no responsibility for a Patron’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. kidtrip reserves the right, at any time and without prior notice, to remove or disable access to any Item Profile for any reason, including Items that kidtrip, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or kidtrip's then-current Policies, or otherwise harmful to the Site, Application or Services.
If you are an Owner, you understand and agree that kidtrip does not act as an insurer or as your contracting agent. If a Patron requests a rental of your Item and uses your Item, any agreement you enter into with such Patron is between you and the Patron and kidtrip is not a party thereto. Notwithstanding the foregoing, kidtrip Payments serves as the limited authorized payment collection agent of the Owner for the purpose of accepting, on behalf of the Owner, payments from Patrons of such amounts stipulated by the Owner (including all applicable fees and/or Taxes).
If you are an Owner, kidtrip makes certain tools available to you to help you to make informed decisions about which Patrons you choose to confirm for renting for your Item. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Exchange of Items, excluding the Patron (and the individuals the Patron invites to the Exchange, if applicable.)
kidtrip recommends that Owners obtain appropriate insurance for their Items. Please review any insurance policy that you may have for your Item carefully, and in particular please ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Patrons (and the individuals the Patron invites to the Exchange, if applicable) while using your Item.
kidtrip does not endorse any Member, Store or Item. You understand that Category Images are intended only to indicate a photographic representation of items in that category. Category Images are therefore not an endorsement by kidtrip of any Member, Store or Item. Members are required by these Terms to provide accurate information, and although kidtrip may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by kidtrip about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent from an Owner or to accept a request from a Patron, or to have any other interaction with any other Member. Except as provided in the kidtrip Terms and Conditions , which is an agreement between Owner and Patron, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from kidtrip with respect to such actions or omissions. This limitation shall not apply to any claim by an Owner against kidtrip regarding the remittance of payments received from a Patron by kidtrip on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Rentals and Financial Terms
"Rental Fees" means the amounts that are due and payable by a Patron in exchange for that Patron's rental of and Item/Items. kidtrip does not determine these amounts. It is up to the sole discretion of the Owner to determine rental prices for each item in their Store. This includes any additional fees, such as, taxes, delivery, cleaning, security deposit or any other fee permitted by kidtrip.
"Reservation Statement" will be made available to the Owner after a reservation is booked. It will include a summary of the Items, Rental Fees and Owner Fees as well as dates of reservation ).
"Service Fees" means the fee that kidtrip charges an Owner for the use of its online platform, which is calculated as a percentage of the applicable Rental Fees. The Owner Fees will be displayed to the Owner on the Reservation Statement made available in My Inbox after a reservation is booked.
"Total Fees" means collectively the Rental Fees and the Service Fee (plus any Taxes in respect of Owner Fees, such as VAT in Europe).
When a Patron is interested in renting an Item or Items from an Owner’s Store via the Site, Application and Services, the Owner will receive a notification email from kidtrip on their personal email they verified with kidtrip upon sign up. The notification will include (i) the first and last initial of the Patron who has requested the rental, (ii) the Item/Item’s of interest for rent, (iii) whether delivery or pickup is requested, and (iv) description or address of delivery site if available. The Patron and Owner will have the opportunity to Inmail each other regarding the Exchange. Owners are encouraged to correspond with Patrons in order to make the rental experience positive and efficient. By not responding to Patron Inmails, Owner’s risk reservation cancellation and negative reviews.
kidtrip Payments will collect the Total Fees at the time of reservation and will initiate payment of the Rental Fees (less Service Fees and any Taxes in respect of the Rental Fees) to the Owner within 3-10 business days after the reservation date. The time it takes for the Owner to receive payouts may depend upon the method for receiving payouts chosen by the Owner.
If you owe or agree to pay any amount via kidtrip Payments to kidtrip (whether as a result of your rentals or actions as a Patron or otherwise), then kidtrip Payments may (but is not obliged to) withhold the amount owing to kidtrip from any payout amounts due to you as an Owner, and use the withheld amount to offset the amount owed by you to kidtrip. If kidtrip Payments does so, then your obligation to pay kidtrip will be extinguished to the extent of the amount withheld by kidtrip Payments, and kidtrip will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of kidtrip as Limited Payment Collection Agent for Owner
Each Owner hereby appoints kidtrip as the Owner's limited payment collection agent solely for the purpose of accepting the Rental Fees from Patrons.
Each Owner agrees that payment made by a Patron through kidtrip, shall be considered the same as a payment made directly to the Owner, and the Owner will make the Item/Items available to the Patron in the agreed-upon manner as if the Owner has received the Rental Fees. Each agrees that kidtrip may, in accordance with the cancellation policy reflected in the relevant Reservation, (i) permit the Patron to cancel the rental and (ii) refund (via kidtrip) to the Patron that portion of the Rental Fees specified in the applicable cancellation policy. Each Owner understands that as kidtrip accepts payments from Patrons as the Owner's limited payment collection agent and that kidtrips’ obligation to pay the Owner is subject to and conditional upon successful receipt of the associated payments from Patrons. kidtrip does not guarantee payments to Owners for amounts that have not been successfully received by kidtrip from Patrons. In accepting appointment as the limited authorized agent of the Owner, kidtrip assumes no liability for any acts or omissions of the Owner.
Please note that kidtrip does not currently charge fees for the creation of a Store. However, you as an Owner acknowledge and agree that kidtrip reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of a Store. Please note that kidtrip will provide notice of any such fee collection via the Site, Application and Services, prior to implementing such a Store fee feature.
Rentals and Financial Terms for Patrons
The Owners, not kidtrip, are solely responsible for honoring any confirmed rentals and making available any Items reserved through the Site, Application and Services. If you, as a Patron, choose to enter into a transaction with an Owner for the rental of an Item or multiple Items, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Item or Items imposed by the Owner. You acknowledge and agree that you, and not kidtrip, will be responsible for performing the obligations of any such agreements, that kidtrip is not a party to such agreements, and that, with the exception of its payment obligations hereunder, kidtrip disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that kidtrip is not a party to the agreement between you and the Owner, kidtrip acts as the Owner's payment collection agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of the Total Fees to kidtrip, your payment obligation to the Owner for the Rental Fees is extinguished, and kidtrip is responsible for remitting the Rental Fees (less the Service Fees and any Taxes in respect of the Rental Fees), in the manner described in these Terms. In the event that kidtrip does not remit any such amounts as described in these Terms, such Owner will have recourse only against such kidtrip entity.
The Total Fees payable will be displayed to a Patron before the Patron submits a Reservation Request. If a requested reservation is cancelled (i.e. not accepted by an applicable Owner), any amounts collected by kidtrip Payments will be refunded to such Patron, depending on the selections the Patron makes via the Site and Application, and any pre-authorization of such Patron's credit card will be released, if applicable.
You as a Patron agree to pay kidtrip for the Total Fees for any confirmed Reservation at the time of booking. In order to establish a rental pending the applicable Owner's confirmation of your Reservation Request, you understand and agree that kidtrip on behalf of the Owner, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting, to verify your credit card. Please note that kidtrip cannot control any fees that may be charged to a Patron by his or her bank related to kidtrip's collection of the Total Fees, and kidtrip disclaims all liability in this regard.
All payments are processed directly on kidtripco.com. Users are not directed off kidtripco.com to process payment and immediately receive payment confirmation from kidtrip.
In consideration for the use of kidtrip's online marketplace and platform, kidtrip charges Owners Service Fees between 14-18%. There are no hidden processing fees and Owners have the opportunity to lessen their service fee percentage through kidtrip’s Enthusiast Program. Where applicable, Taxes may also be charged in respect of the Rental Fees and Service Fees. kidtrip deducts the Service Fees from the Total Fees before remitting the balance to the Owner as described in these Terms.
Balances will be remitted by kidtrip to Owners via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Owners’ currency of choice, depending upon the selections the Owner makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.
Please note that kidtrip may impose or deduct foreign currency processing costs on or from any payments or payouts by Patrons in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.
General Rental and Financial Terms
Cancellations and Refunds
If, as a Patron, you cancel your Reservation before the Reservation is confirmed by an Owner, kidtrip will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the Reservation within a commercially reasonable time. If, as a Patron, you wish to cancel a confirmed Reservation made via the Site, Application and Services prior to the reservation date, kidtrip will refund the Total Fees if the reservation is cancelled 24 hours prior to 8am of the reservation date. Details regarding refunds and cancellation policies are available via the Site and Application.
If an Owner cancels a confirmed Reservation made via the Site, Services, and Application, (i) kidtrip will refund the Total Fees for such rental to the applicable Patron within a commercially reasonable time of the cancellation and (ii) the Patron will receive an email or other communication from kidtrip containing these details. If an Owner cancelled a confirmed Reservation and you, as a Patron, have not received an email or other communication from kidtrip, please contact kidtrip at firstname.lastname@example.org.
If, as an Owner, you cancel a confirmed Reservation less than 24 hours from the reservation date (as calculated by 8am 24 hours before the reservation date), kidtrip may apply penalties or consequences to you or your Store, including (i) publishing an automated rating on your Profile, (ii) impose a cancellation fee (to be withheld from your future payouts).
In certain circumstances, kidtrip may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Reservation made via the Site, Application and Services. kidtrip may also determine, in its sole discretion, to refund the Patron part or all of the amounts charged to the Patron in accordance with the Cancellation Policy. You agree that kidtrip and the relevant Patron or Owner will not have any liability for such cancellations or refunds.
kidtrip may, in its sole discretion, round up or round down amounts that are payable from or to Patrons or Owners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, kidtrip will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, kidtrip may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for kidtrip to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
kidtrip will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information from our Owners, or to withhold taxes from payouts to Owners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Owners, and an appropriate IRS Form kidtrip-8 (e.g. Form W-8BEN) from non-US Owners with at least one Item Profile in the US. You as an Owner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as an Owner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Owner and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as an Owner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Reservations. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. kidtrip cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from an Owner, kidtrip may issue a valid VAT invoice to such Owner.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Item or Items are located may require Taxes to be collected by Owners from Patrons on the amount paid for the right to use such Items, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the Rental Fees.
In certain jurisdictions, kidtrip may decide in its sole discretion to facilitate collection and remittance of Taxes from Patrons on behalf of and in-lieu of Owners, if such tax jurisdiction asserts kidtrip or Owners have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Taxes, whether you are a Patron or Owner you hereby instruct and authorize kidtrip to collect Taxes from Patrons on behalf of and in lieu of Owners at the time Rental Fees are collected, and to remit such Taxes to the Tax Authority. When kidtrip facilitates collection or remittance of Taxes in a jurisdiction for the first time, kidtrip will provide notice to existing Owners with Store’s in such jurisdictions. The amount of Taxes collected and remitted through facilitation by kidtrip, if any, will be visible to and separately stated to both Patrons and Owners on their respective transaction documents. Patrons and Owners agree that in any jurisdiction where kidtrip facilitates collection and remittance of Taxes on behalf of and lieu of Owners, such Owners are not permitted to also collect and/or remit such taxes on any portion of the Rental Fees. Owners and Patrons acknowledge and agree that in some jurisdictions, kidtrip may not be able to facilitate collection and remittance of Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Taxes to the Tax Authority in your jurisdiction, Owners and Patrons remain solely responsible and liable for the collection and/or remittance of any and all Taxes that may apply to Items. For any jurisdiction in which we facilitate collection and remittance of Taxes, Owners and Patrons expressly grant us permission to transfer data and other information relating to Taxes, if any, collected and remitted relating to your transactions.
Whether you are a Patron or Owner, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by kidtrip in connection with collection and remittance of Taxes, if any. Patrons and Owners agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Taxes collected by kidtrip from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Damage to Items
As a Patron, you are responsible for returning the Item in the condition it was in when you received it. You acknowledge and agree that, as a Patron, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you share, or otherwise provide access to, the Item. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card used to pay for your reservation. kidtrip also reserves the right to charge the credit card on file, or otherwise collect payment from you and pursue any avenues available to kidtrip in this regard, in situations in which you have been determined, in kidtrip's sole discretion, to have damaged any Item, including, but not limited to, in relation to any payment requests made by Owners under the kidtrip terms and conditions, and in relation to any payments made by kidtrip to Owners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Item to the applicable Owner or to kidtrip (if applicable).
Both Patrons and Owners agree to cooperate with and assist kidtrip in good faith, and to provide kidtrip with such information and take such actions as may be reasonably requested by kidtrip, in connection with any complaints or claims made by Members relating to Items (including, without limitation, payment requests made under the kidtrip terms and conditions) or with respect to any investigation undertaken by kidtrip or a representative of kidtrip regarding use or abuse of the Site, Application or the Services. If you are an Patron, upon kidtrip's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with an Owner, at no cost to you, which process will be conducted by kidtrip or a third party selected by kidtrip, with respect to losses for which the Owner is requesting payment from kidtrip under the kidtrip terms and conditions.
If you are a Patron, you understand and agree that kidtrip reserves the right, in its sole discretion, to make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Item (including without limitation amounts paid by kidtrip under the kidtrip terms and conditions). You agree to cooperate with and assist kidtrip in good faith, and to provide kidtrip with such information as may be reasonably requested by kidtrip, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as kidtrip may reasonably request to assist kidtrip in accomplishing the foregoing.
Safety and Sanitation
Safety is a primary concern when renting baby equipment. Owners agree that all Items in their Store are up-to-date, meet current federal safety standards, and not currently subject to any manufacturer or distributor recall. Owners must have a product manual via hard copy, pdf, or link to pdf available to the Patron upon receipt. Patrons should inspect all equipment received from Owners upon receipt. Your satisfaction and child’s safety is our top priority.
For more information on product safety please see the Consumer Products Safety Commission at cpsc.gov
Owners agree to properly clean and sanitize Items before each rental. Sanitation procedures may vary and kidtrip requires Owners to uphold the highest standards. Patrons are encouraged to inquire with Owners regarding cleaning practices.
Car Seat Safety
Under no circumstances may an Owner install a car seat for a Patron. Information on installing car seats is generally posted on the car seats themselves or Patrons may request a product manual for the car seat. Local fire stations can also install car seats. A photo of the car seat manufacturer date and/or expiration date must be uploaded to the Item Profile.
kidtrip's online platform facilitates rentals between Patrons and Owners who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the kidtrip platform allows users to view the price of Items in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy â‚¬100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
"Display Currency" means the currency in which users view Item prices on the kidtrip platform. In the future, Patrons may choose and change the Display Currency in order to view the pricing for a Store in a number of different supported currencies.
"Rental Currency" means the currency in which a Patron has to pay for his or her rental. At the time the Patron submits a rental request, the kidtrip platform will select the Rental Currency, based on the Patron's country of origin and the payment methods available for that country. kidtrip supports only a certain number of currencies as Rental Currencies. The Rental Currency for a rental may be different from the relevant Item Currency.
"Item Currency" means the currency in which an Item's price is set.
"Payout Currency" means the currency in which an Owner's payout will be paid to the Owner. The Payout Currency is set by the Owner.
"Base Exchange Rate" means a system-wide rate used by kidtrip for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by kidtrip. kidtrip establishes the Base Exchange Rate using data from one or more third parties such as OANDA (oanda.com).
"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by kidtrip for its holding costs and foreign currency risks.
Foreign currency conversions on the kidtrip platform
kidtrip will process a foreign currency conversion in the following situations:
- The Display Currency is different from the Item Currency when a user views an Item or Store: kidtrip will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Rental Currency, and it is different from the Item Currency. Otherwise, the Base Exchange Rate will be applied.
- The Rental Currency is different from the Item Currency when a Patron submits a rental request for an Item or Items: kidtrip will calculate the Total Fees in the Rental Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the rental request to the Total Fees in the Listing Currency. The Patron will be able to view the actual exchange rate applied. The Patron Fee, which is a percentage of the applicable Item Fees, will be calculated based on the Item Fees in the Rental Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Rental Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
- The Payout Currency is different from the Item Currency when kidtrip initiates a payout: generally, kidtrip will calculate the payout to the Owner, by applying the Base Exchange Rate on the date that kidtrip initiates the payout to the Item Fees (less Patron Owner Fees and any Taxes in respect of the Owner Fees, such as VAT in Europe) in the Listing Currency. The Owner will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Owner involves certain third-party payment processors (such as Western Union), (i) kidtrip will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Item Currency to that major currency, (ii) the Owner will be able to view the payout amount sent by kidtrip in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Owner by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
- When a confirmed rental is modified or cancelled, and there had been a foreign currency conversion when the rental was submitted: the foreign currency conversion for any additional payments required of the Patron or any refund to the Patron will be processed at the same rate as applied to the earlier payment by the Patron.
When you as a Patron submit a rental request for an Item, you will be able to view the actual exchange rate used to calculate the Total Fees in the Rental Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your rental.
kidtrip updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, kidtrip does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Rental Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to kidtrip.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a kidtrip Patron or Owner;
- offer, as an Owner, any Item that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Items as an Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a Owner, any Item that may not be rented pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a rental agreement;
- register for more than one kidtrip Profile or Account or register for a kidtrip Profile or Account on behalf of an individual other than yourself;
- unless kidtrip explicitly permits otherwise, request or book an Item if you will not actually be using the Item yourself;
- contact an Owner for any purpose other than asking a question related to a rental;
- contact a Patron for any purpose other than asking a question related to a rental;
- recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to kidtrip, without kidtrip's prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find an Owner or Patron and then complete a rental of an Item independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to kid trip’s provision of the Services or for any other reasons;
- as an Owner, submit any Item with false or misleading information;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, kidtrip's name, any kidtrip trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without kidtrip's express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, kidtrip's computer systems, or the technical delivery systems of kidtrip's providers;
- attempt to probe, scan, or test the vulnerability of any kidtrip system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by kidtrip or any of Kidtrip's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
kidtrip has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
kidtrip may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against kidtrip or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of kidtrip, its users, or members of the public. You acknowledge that kidtrip has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. kidtrip reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that kidtrip, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of kidtrip and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, kidtrip grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. kidtrip reserves all rights in the Application not expressly granted to you by these Terms.
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. For example, additional terms apply if you refer new users to kidtrip. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
kidtrip Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, kidtrip grants you a limited, non-exclusive, non-transferable license, to (i) access and view any kidtrip Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by kidtrip or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to kidtrip a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. kidtrip does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to kidtrip the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or kidtrip's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that kidtrip is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by kidtrip of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of kidtrip used herein are trademarks or registered trademarks of kidtrip. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com or by visiting our Contact section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of kidtrip and you hereby irrevocably assign to kidtrip and agree to irrevocably assign to kidtrip all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At kidtrip's request and expense, you will execute documents and take such further acts as kidtrip may reasonably request to assist kidtrip to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
kidtrip respects copyright law and expects its users to do the same. It is kidtrip’s policy to terminate in appropriate circumstances the kidtrip accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see kidtrip's Copyright Policy for further information.
Suspension, Termination and kidtrip Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your kidtrip Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your kidtrip Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your kidtrip Account, your Member Content, or receive assistance from kidtrip Customer Service, (b) any pending or accepted future rentals as either Owner or Patron will be immediately terminated, (c) we may communicate to your Patrons or Owners that a potential or confirmed rental has been cancelled, (d) we may refund your Patrons in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Patron to inform them about potential alternate Items with other Owners that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or rentals (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your kidtrip Account. You may cancel your kidtrip Account at any time by sending an email to firstname.lastname@example.org. Please note that if your kidtrip Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE ENTHUSIAST PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT KIDTRIP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, PATRONS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND ENTHUSIAST PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KIDTRIP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KIDTRIP MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ITEMS, OR THE ENTHUSIAST PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KIDTRIP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY STORE, ITEMS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR ENTHUSIAST PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KIDTRIP OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR PATRONS. YOU UNDERSTAND THAT KIDTRIP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ITEMS. KIDTRIP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PATRONS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY KIDTRIP. NOTWITHSTANDING KIDTRIP'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE OWNER FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM PATRONS ON BEHALF OF THE OWNERS, KIDTRIP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PATRON OR OTHER THIRD PARTY.
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 STORE OR RENTAL OF ANY ITEMS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE ENTHUSIAST PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF KIDTRIP WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER KIDTRIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE ENTHUSIAST 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 ENTHUSIAST PROGRAM OR FROM YOUR STORE OR RENTAL 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 PARTAGE 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE KIDTRIP TERMS, IN NO EVENT WILL KIDTRIP'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 STORE OR RENTAL 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 ENTHUSIAST PROGRAM AND IN CONNECTION WITH ANY ITEM OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR RENTALS VIA THE SITE, APPLICATION AND SERVICES AS A PATRON IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY KIDTRIP TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KIDTRIP AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold kidtrip and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) rental of an Item, or (iii) creation of a Store; (d) the use, condition or rental of an Item by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, rental or use of a Item; and (e) your participation in the Enthusiast Program or your accrual of any kidtrip credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Item is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. kidtrip does not permit Stores associated with certain countries due to U.S. embargo restrictions.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
You acknowledge and agree that (i) these Terms are concluded between you and kidtrip only, and not Apple, and (ii) kidtrip, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between kidtrip and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of kidtrip.
You and kidtrip acknowledge that, as between kidtrip and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and kidtrip acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between kidtrip and Apple, kidtrip, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and kidtrip acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
If you borrow from or lend to anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to kidtrip by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between kidtrip and you regarding the Site, Application, Services, Collective Content, Referral Program, and any rentals or Stores of Items made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between kidtrip and you regarding rentals or listings of Items, the Site, Application, Services, Collective Content and Enthusiast Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without kidtrip's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. kidtrip may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by kidtrip (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Sacramento County, Sacramento, California or a United States District Court, Northern District of California located in San Francisco, California 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 below.
You and kidtrip agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and kidtrip are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and kidtrip otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at http://adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004175and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and kidtrip otherwise agree, the arbitration will be conducted in the county where kidtrip resides. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and kidtrip submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. kidtrip will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, kidtrip will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the "Modification" section above, if kidtrip changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of kidtrip's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and kidtrip in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of kidtrip to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of kidtrip. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.