These T&C are between You (i.e. the end-user) (“You”) and Kasu Software Pty Ltd. (“Kasu”), and they govern Your use of Kasu’s Services (as defined below).  In these T&C, the word “use” means “access or use”.

Kasu makes available, via its App, an online service that allows owners of goods to rent out their goods to renters and buyers.

You may contact Kasu by e-mail at  with questions about these T&C.

Please read these entire T&C carefully before downloading, using, and during use of, any of the services or any listed or lent items. These T&C contain very important information regarding your rights, obligations, as well as liability exclusions and limitations, including: Disclaimers regarding the services, listed items and lent items: limitations, exclusions and conditions, including with respect to product liability, personal injury, and lost, stolen or damaged items; an indemnity from you; a forum selection clause: anda waiver of class action disputes clause. These T&C are effective upon acceptance. When you register for a registered user account with Kasu, you accept these T&C by checking the appropriate box and acknowledging that you have read, understood and accept these T&C. If you do not register a registered user account with Kasu, these T&C are effective through use of the services, including Kasu’s website, or by downloading Kasu’s app. If you do not agree to be bound by any part of these T&C, you must not use the services and must cease any use of the services immediately.

SELECT DEFINITIONS:

App: means the mobile applications that Kasu makes available for use of the Services.

Borrower: means a Registered User who requests to Borrow, or actually Borrows any Listed Item(s).

Borrow: means to rent a Listed Item, or Listed Item(s), from a Lender.

Kasu Content: other than User Content, any Content available on the Services or used to create and operate the Services, as well as the selection and arrangement of such Content.

Content: means any text, information, materials, data, video, graphics, pictures, music, logos, marks, designs, software (excluding the App), hyperlinks, embedded links, URLs, and other types of content.

Lender: means a Registered User who has listed an item for Borrow in a Listing.

Lend: means to rent a Listed Item, or Listed Item(s), to a Borrower.

Lent Item: means a Lender’s item that has been Lent to a Borrower.

Borrowing Request Period: means the time period starting from the time when an item is requested to be Borrowed by a Borrower (as determined by Kasu in its sole discretion), within which a Lender may decide whether to confirm or reject that request, as stated on the Services. Different Booking Request Periods may apply in different places.

Borrowing Period: means the maximum number of days agreed to by Borrower and Lender that a Listed Item may be borrowed by Borrow, which period must be at least 24 hours.

Borrowing Rate: means the amount of monies that Borrower must pay Lender for 24-hour increment over which the Listed Item will be borrowed. The Borrowing Rate accrues for each 24 hour increment in which the item is Lent until the item is returned by Borrower to Lender.

Listed Item: means a Lender’s item that has been listed in a Listing for Lending.

Listing: means a Lender’s listing on the Services of a Listed Item for Borrow.

Registered User: means a User that has set-up a Registered User Account (as defined in Section 3).

Services: means the Website and the App, as well as any software, platforms, digital services, features, tools, and functionalities, as well as User Content and Kasu Content made available via or accessible through any of the foregoing.

User: means any User of the Services.

User Content: means any Content that You, or other Users, upload, submit, post, display or otherwise make available on the Services via the App.

Website: means Kasu’s website for the Services, currently located at https://www.kasu-app.com and https://www.kasu.com.au (and the webpages within that website).

YOUR AGE AND ELIGIBILITY TO USE THE SERVICES; VERIFICATION OF USERS

The Services are not intended for children under the age of 16 and no person under the age of 16 may download the App or otherwise use the Services. At present, only Registered Users in Australia may Lend or Borrow via the Services. If You download the App or otherwise use the Services, You represent and warrant to Kasu that You are at least 16 years of age. Kasu may make use of any of the Services subject to certain conditions, including completing a verification process. Please see Section 3 below for more information.

​SCOPE OF KASU SERVICES

in no event will Kasu be responsible for and, to the maximum extent permitted by law, Kasu disclaims and excludes all liability arising from the conduct of borrowers and lenders, use of listed items and lent items by borrowers and lenders, and transactions between borrowers and lenders.

The Services provide Users with an online peer-to-peer marketplace that enables Lenders and Borrowers to Lend and Borrow Listed Items, and for Lenders and Borrowers to communicate and transact directly to facilitate such lending and borrowing. The Services merely facilitate Lending and Borrowing, and Kasu does not own, create, lend, provide, control, manage, offer, deliver, insure, or supply any Listings or Listed Items. For certainty, Kasu is not a rental broker, agent or insurer. When Lenders and Borrowers arrange for a Listed Item to be Borrowed/Lent, they are entering into a contract directly with each other. Kasu is not and does not become a party to or other participant in any contractual relationship between Registered Users, nor is Kasu an insurer. Kasu is not acting as an agent in any capacity for any Registered User.

NO ENDORSEMENT; VERIFICATION

Kasu does not endorse any Users. Although these T&C require Users to provide accurate information, Kasu may, but has no obligation to, verify or attempt to confirm any information provided by Users or any User’s purported identity. You are solely responsible for determining the identity and suitability of other Users who You contact via the Services. Any references to a User being "verified" or "connected" (or similar language) only indicate that the User has completed a relevant verification or identification process, and does not represent anything else.  Any such description is not an endorsement, certification or guarantee by Kasu about any User, including of the User's identity and whether the User is trustworthy, safe or suitable.  Except as expressly specified in Section 11, Kasu is not responsible for any damage or harm resulting from your interactions with other Users. Kasu, is not be responsible for any damage or harm resulting from Your interactions with other Users, including any Renting and Lending. Kasu does not assume any responsibility for the confirmation of any Registered User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, Kasu may, but does not have any obligation to undertake screenings, checks and processes designed to help verify or check the identities and/or backgrounds of users and Listed Items. Such checks may be performed by Kasu and/or third party services and may include screening Registered Users based on information provided by Registered Users and/or requested by Kasu, screening against third party databases or other sources, requesting reports from service providers, and reviewing your government identification, date of birth, and other similar information.  Such verification may include (i) for Users in Australia, to the extent permitted by applicable laws and if Kasu has sufficient information to identify a User, obtaining reports from public records of criminal convictions or sex offender registrations of the User; and (ii) for Users outside Australia, to the extent permitted by applicable laws and if we have sufficient information to identify a User, obtaining the local version of background or registered sex offender checks in Kasu’s sole discretion. You hereby authorize Kasu to request, receive, use, and store such information.

PRIVACY POLICY

In order to operate and make the Services available, Kasu collects, uses and discloses certain personal information about You. Kasu collects, uses, discloses and protects that information as described in Kasu’s Privacy Policy, which You can find at https://www.kasu.com.au/terms , which is hereby incorporated into and forms a part of these T&C.  Your privacy is important to Kasu and Kasu’s Privacy Policy explains how Kasu collects, uses, discloses and protects Your personal information.

You agree and authorize Kasu to use Your personal information, such as Your full name and date of birth, to conduct the verifications described in Section 3 above.

As part of Lending/Borrowing, You may obtain personal information of another User. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for communications regarding Borrowing/Lending with another User.

ELIGIBLE MOBILE DEVICES

The App is made available to You by Kasu free of charge through Google Play (owned or operated by Google Inc. (“Google”)) and Apple Inc.’s (“Apple”) App Store (owned and operated by Apple), for use on an eligible mobile device of Yours that complies with these T&C and is owned or controlled by You ("Your Mobile Device"). Without limitation, Kasu does not endorse Your Mobile Device and provides no representations, warranties or conditions regarding Your Mobile Device.

You understand and acknowledge that the App, and the Services used through any mobile device by any browser, are intended for use on mobile devices using the Android or iOS operating systems, or such other devices or operating systems as may be approved by Google or Apple, in each case as determined by Google, Apple or the telecommunication provider for Your Mobile Device, in their sole discretion. You will not use the App, or any browser to use the Services, on a mobile device or an operating system (including an Android or iOS operating system and whether approved by Google or Apple) that has been, in each case, modified or customized in any way (including “jailbroken”, “rooted”, “bootleg unlocked”) by anyone other than the original equipment manufacturer (or original licensor of the operating system software, as applicable), an authorized distributor or reseller thereof, the applicable telecommunication provider or anyone else acting with the permission or on behalf of any of the foregoing.

YOU MAY USE LIMITED PORTIONS OF THE SERVICES, BUT IN ORDER TO FULLY USE THE SERVICES YOU MUST BE A REGISTERED USER

You may browse limited portions of the Services without setting-up a Registered User Account.

In order to use certain features of the Services, You must become a Registered User by setting-up an account with Kasu (a “Registered User Account”) via the Services and by creating a username and password, providing us Your e-mail address and creating a password, or through a third party social networking service accounts (“SNS”), such as Facebook. Such login methods are referred to in these T&C as “Login Methods”.

As part of Registered User Account setup, You will be asked to provide certain information, such as: name, phone number, address, e-mail, date of birth, postal code, and billing and payment information (e.g. credit card information; bank account information).

Please see Section 4 “Privacy Policy”, above, regarding collection, use and disclosure of personal information. For instance, Kasu sends some of Your personal information to Kasu’s third party payment processing provider, Split Payments. You authorize Kasu to provide this information to Split Payments.

Kasu reserves the right to reject any registration in Kasu’s sole discretion.

If You choose to become a Registered User, then You represent, warrant and covenant to Kasu that: (i) You are based in Australia; (ii) You will provide true, accurate, current and complete information; (iii) You will maintain and promptly update the information You provide to Kasu; and (iv) You will not enter any irrelevant data into any form or data entry field other than the data requested by Kasu for such field.

In the event that You provide, or Kasu reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then Kasu has the right to suspend or terminate any Registered User Account and refuse any and all current or future use of the Services.

LOG-IN METHODS

Login Methods are solely for a single Registered User’s personal use.

Registered User is solely responsible for the confidentiality and security of Registered User’s Login Methods. Registered User is also responsible for all activities that occur under Registered User’s Login Methods and/or Registered User Account and may not share Registered User’s Login Method details with others.  Registered User must immediately notify Kasu of any actual or suspected loss, theft or unauthorized use of Registered User’s Login Methods or Registered User Account, or any other security breaches of which Registered User becomes aware.

Kasu is not obligated to inquire as to the authority or propriety of any use of, or action taken under, a Registered User’s Login Methods and/or Registered User Account.

Kasu will not be responsible for any loss to any Registered User that arises from any use of its Registered User Account or Login Methods or from Registered Users’ failure to comply with these provisions.

LIMITED USE; RESERVATION OF RIGHTS

Subject to the terms and conditions of this Agreement, Kasu may make available to You for Your Use: (i) the online portion(s) of the Services available to non-registered Users; and (ii) if You are located in Australia and have set-up a Registered User Account with Kasu in accordance with Section 6, the online portion(s) of the Services available to registered Users.

Subject to the terms and conditions of this Agreement, Kasu grants to You, a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, personal, non-commercial, right to download, install, and use the App on Your Mobile Device.

In order to benefit from the above two bullet points, YOU MUST: (i) comply with these T&C; (ii) comply with any other rules, procedures, policies, terms or conditions that govern all or any portion of the Services; and (iii) comply with any additional requirements, restrictions or limitations provided by us or any applicable third party (including, Google, Apple, Your Mobile Device provider and the telecommunication provider for Your Mobile Device).

Kasu expressly reserves all rights not expressly granted in these T&C.

​

ACCEPTABLE USE & CONDUCT; COMPLIANCE WITH LAWS; REPORTING MISCONDUCT

You represent, warrant and covenant to Kasu that you will abide by and not violate the Acceptable Use & Conduct Policy, which can be found at Appendix A

If you breach the Acceptable Use & Conduct Policy, or any other provision of these T&C, Kasu may take whatever steps we deem necessary to protect the Services, Kasu, Kasu’s business, Kasu’s and its supplier’s infrastructure, and Kasu’s other Users, including, without limitation, suspending Your use of the Services, terminating Your Registered User Account, and/or terminating these T&C.

If You feel another User is acting or has acted inappropriately, including but not limited to anyone who (i) has breached or is threatening to breach the Acceptable Use & Conduct Policy; (ii) engages in offensive, violent or sexually inappropriate behavior, (iii) You suspect of stealing from You, or (iv) engages in any other disturbing conduct, then You should immediately report such person to the appropriate authorities and then to Kasu by contacting Kasu with Your police station and report number; provided that Your report will not obligate Kasu to take any action beyond that required by law (if any) or cause us to incur any liability to You.

You agree that You are solely responsible for compliance with any and all laws, rules, and regulations, including any tax obligations, that may apply to Your use of the Services, including your Listings.

LISTINGS

A Registered User may, as a Lender, submit Listings for Lending of Listed Items.

Borrowers will be able to Borrow a Listed Item via the Services based upon the information provided in a Lender’s Listing(s), including Borrowing Period(s) (and applicable maximum or minimum periods), Borrowing Rate(s), delivery logistics, and return logistics.

With respect to each Listing and Listed Item, Lenders agree to: (i) provide true, accurate, current and complete information and Content (e.g. images of Listed Items); (ii) maintain and promptly update the information You provide; and (iii) not enter any irrelevant data into any form or data entry field other than the data requested by Kasu for such field; (iv) disclose in detail any deficiencies, damage, restrictions and requirements that apply (e.g. physical and cosmetic damage to Listed Item, minimum and maximum Borrowing Period, Borrowing Rate, etc.); and (v) provide any other pertinent information requested by Kasu. Each unique Listed Item must have its own Listing.

Certain items may be prohibited from being listed. Please see the Acceptable Use & Conduct Policy  for more information.

No Borrowing Rate may be increased after a Borrower requests to Borrow a Listed Item.

Users will be able to book a Listed Item via the Services based upon the information provided in a Lender’s Listing, a Lender’s Borrower requirements, and Borrowers’ search parameters and preferences.

You agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Lender and Borrower preferences, ratings and/or ease of booking.

BORROWING & LENDING; DAMAGED/STOLEN LENT ITEMS

Borrowers

Are responsible for reading the full Listing before committing to Borrow;

Agree that they enter into a legally binding contract with the Lender to Borrow Lender’s Listed Items when Borrower commits to Borrow the item;

Agree that Kasu is not a party to the contract between Borrower and Lender;

Shall treat all Lent Items they Borrow with the highest standard of care;

Are responsible for returning such items in the condition they were given to then when they took possession, normal wear and tear excepted, by the end of the Borrowing Period;

Must use all Lent Items for their own personal and non-commercial use;

Agree that Lent Items may not, under any circumstances, be lent, rented, sold, made available, transferred, or distributed, to any third party whatsoever;

Are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals who they allow to use any of the items while in their possession; and

Are responsible for any loss, destruction or damage to all of the Lent Items they Borrow, whether due to theft, disappearance, fire, or any other cause, other than normal wear and tear.

Lenders

I agree that they enter into a legally binding contract with the Borrower to Lend a Lender’s Listed Items when Borrower commits to Borrow the item;

Kasu is not a party to the contract between Borrower and Lender;

may have access to the personal information of Borrowers upon completing an arrangement for the Lending of a Listed Item and, as such, Lenders are strictly prohibited from using this personal information for anything other than Lending their Listed Item(s);

may not, under any circumstances, Lend, or list for Lending, any of Lender’s Lent Items to another person while a Borrower is Borrowing such item;

agree that, after any Borrowing of a Lent Item, the item may not be in the same exact condition that it was when Lent to Borrower

must either pre-approve, confirm or reject a booking request within the Booking Request Period, or otherwise the booking request will automatically expire.

Kasu recommends that Lenders obtain appropriate insurance for their items. In addition, Kasu recommends that Lenders review any insurance policy and consult with an insurance professional regarding the terms of potential coverage.

Kasu may, but is not obligated, to provide Lenders access to Kasu’s Protection program, in exchange for a fee. Please see our FAQ, under the heading “Protection ”.  Kasu may in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

Borrowers and Lenders

In all circumstances the Borrowing and Lending of a Lent Item will be subject to these TOU, including the Acceptable Use & Conduct Policy.

When a booking is confirmed or cancelled, Kasu will send a push notification via the App to the relevant Users. Users must have push notifications turned on in their mobile operating system to receive such notifications.

Lenders and Borrowers shall work-out the final details of a Borrower Borrowing, and a Lender Lending, the Lender’s Listed Item prior to the item becoming a Lent Item, including Borrowing Period, Borrowing Rate, delivery logistics, and return logistics.

Kasu only acts as a passive intermediary between Borrowers and Lenders. The Services allow Borrowers and Lenders to Lend/Borrow Listed items and to coordinate payments, delivery and return of Listed Items between such Borrowers and Lenders.  Kasu makes no guarantee as to whether and when any request to Borrow a Listed Item will or may be accepted or rejected by any Lender or whether a Borrow will request to Borrow a Listed Item.  Kasu has no responsibility, whatsoever, for the performance or fulfillment of any Borrowing or Lending, or payment, delivery or return for any Borrowing or Lending.

Kasu does not act as an insurer or contracting agent.

No Listing, Lending or Borrowing may breach any agreement(s) the Borrower or Lender has entered into with any third parties.

Borrower is responsible for Lent Items damaged beyond reasonable wear and tear, or that are lost or stolen. In certain cases and for certain eligible items the Lender may contact Kasu at [email protected] and Kasu will, after receipt of such contact, attempt to contact Borrower or investigate the situation in an attempt retrieve the stolen or lost item.  If Borrower denies losing or stealing the item, or Kasu otherwise determines (in its sole discretion) that Borrower caused such damage or that the item is not retrievable, then Borrower will be responsible for all costs related to such damages, which will be determined by Kasu, in its sole discretion, based on various factors including, but not limited to, market value, internal appraisal provisions, depreciation, age, make, model and condition.  Kasu also reserves the right to charge the bank account / credit card on file in Borrower’s Registered User Account, or otherwise collect payment from Borrower and pursue any avenues available to Kasu.  If Kasu is unable to charge the credit card or banks account on file or otherwise collect payment from Borrower, then Borrower agrees to immediately remit payment for all such amounts to Kasu.  Kasu shall redistribute such amounts to Lender to the extent that Kasu actually receives such amounts from Borrower.  Kasu shall in no event be responsible for collecting such amounts.

Please see our FAQ, under the heading “Protection”. Kasu may in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

The remedies in this section 11 represent lenders’ sole and exclusive remedy in the event a lent item is damaged or stolen

Both Borrowers and Lenders agree to cooperate with Kasu in good faith, and to provide Kasu information and take actions as may be reasonably requested by Kasu, in connection with any complaints or claims made by Borrowers relating to Lent Items or with respect to any investigation undertaken by Kasu or a representative of Kasu regarding use or misuse of the Services. Borrowers agree, upon Kasu’s reasonable request, and to the extent Borrower is reasonably able to do so, to participate in mediation or similar resolution process with a Lender, at no cost to Borrower, which process may be conducted by Kasu or a third party selected by Kasu.

​DISPUTES BETWEEN USERS

You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Users, use of Listed Items and Lent Items, or other third parties will be limited to a claim against the particular User(s) or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Kasu with respect to such actions or omissions. Accordingly, Kasu encourages You to communicate directly with other Users via the Services regarding any Rentals, Sales or Listings, as applicable, made by You. This limitation shall not apply to any claim by a Lender against Kasu regarding the remittance of payments received from a User by Kasu on behalf of a Lender, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

BORROWING RATE; PENALTY COSTS

Borrowers must pay Lender for each Lent Item at the Borrowing Rate for the Borrowing Period, in each case agreed to by Borrower and Lender for such Lent Item (“Lent Item Fees”), plus taxes.

Borrower agrees that it also responsible for Service Fees to Kasu, as specified in Section 14 below.

For certainty, Borrowers are responsible for Lent Item Fees, calculated at the Borrowing Rate, for at least the entirety of the Borrowing Period.

For example, if a Borrower returns a Lent Item to Lender prior to the end of the Borrowing Period, then Lent Item Fees for such item will be equal to Borrowing Rate multiplied by the number of 24 hour increments in the Borrowing Period, plus taxes if applicable.

Subject to availability, a Borrower may extend the Borrowing Period of a Lent Item using the App.  Borrowers will be charged additional Lent Item Fees, plus taxes, for the additional time if any request to extend the Borrowing Period is accepted by the Lender. Any Lender accepted extensions will be considered part of the Borrowing Period.

If a Lent Item is returned late to Lender (i.e. past the Borrowing Period agreed to by Lender and Borrower), then Borrower must pay additional Borrowing Fees, calculated at the Borrowing Rate, plus taxes, until the item is returned (“Late Lent Item Fees”).

For example, if a Borrower returns a Lent Item to Lender after the end of the Borrowing Period, then Late Lent Item Fees for such item will be equal to Borrowing Rate multiplied by the number of additional 24 hour increments following the Borrowing Period prior to the item being returned, plus taxes if applicable.

If a Lender is unable to confirm or decides to reject a booking request within the Booking Request Period, any amounts collected by Kasu for the requested booking will be refunded to the applicable Borrower.

Lender agrees that Kasu may, in accordance with the cancellation policy selected by the der and reflected in the relevant Listing, (i) permit the Borrower to cancel the booking and (ii) refund to the Borrower that portion of the Borrowing fees specified in the applicable cancellation policy.

FEES TO KASU

In consideration of the use of the Services, including facilitating transactions between Lenders and Borrowers, Kasu charges (i) to Lenders, Service Fee a Protection fee  and a  service facilitation fee and, and (ii) to Borrowers, a Protection fee (the Protection fees for Lenders and for Borrowers are referred to in these T&C as the “Protection Fee”)and a  service facilitation fee (the service facilitation fees for Lenders and for Borrowers are referred to in these T&C as the “Service Fee”).

Any applicable Service Fees and Protection Fees (including any applicable taxes) will be displayed to a Lender and/or Borrower prior to publishing or booking a Listing. The current Service Fees and Protection Fees are listed on the App and Website.  Kasu reserves the right to change the Service Fees and/or Protection Fees at any time, and Kasu will provide Registered Users reasonable notice of any fee changes before they become effective.

Service Fees and Protection Fees are non-refundable.

PAYMENTS; TAXES

Payments from Borrowers for Lent Item Fees, Protection Fees and Service Fees, as well as applicable taxes, are due immediately upon Lender accepting Borrower’s Borrowing request, whether for the Borrowing period or for any extension of the Borrowing Period. Borrower hereby authorizes Kasu to charge Borrower, via Split Payments, for such amounts due immediately upon such acceptance. Late Lent Item Fees, as well as applicable taxes, are due immediately. Borrower hereby authorizes Kasu to charge Borrower, via Split Payments, for late fees due.   If a payment does not go through, for any reason, You agree to pay the all applicable amounts due within seven (7) days of Kasu sending the invoice or receipt for same.  Borrowers may be charged a cancellation fee or minimum payment if You book or confirm a Lent Item but cancel it before the item is delivered.

With respect to Lenders, Kasu deducts the Service Fees and Protection Fees from the Borrowing fees before remitting the balance to the Lender.

All payments are processed by Split Payments, Kasu’s third party payment processor. Such processing is governed solely by Split Payments’s user agreement, available at https://www.splitpayments.com.au/terms-2/, and not these T&C.  Kasu has no liability arising from your use of Split Payments, or for any arrears by Split Payments.  You acknowledge and agree that Split Payments may apply a fee for processing the payment, which may change without notice from time to time, subject to the terms and conditions set out by the Split Payments.

If You owe or agree to pay any amount to Kasu, then Kasu may (but is not obliged to) withhold the amount owing to Kasu from any payout amounts due to you as a Lender, and use the withheld amount to set off the amount owed by You to Kasu.

If Your account is delinquent or You otherwise have chargebacks on Your account, You may be charged fees that are incidental to Kasu’s collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges.

Lender agrees that in connection with its use of our Service, it may be required to comply with income tax and withholding requirements on any income it receives and that if such an obligation arises it will be solely responsible for the timely payment of such tax and any interest or penalties. The Borrowing fees paid to Lenders are inclusive of any and all applicable federal, provincial, state, local, or other fees or taxes owed by such Lenders. In no cases will any additional compensation be paid to Lenders for taxes. If Kasu, in its sole discretion, determines it is required to withhold any taxes in connection with the provision of the Services, Kasu may but is under no obligation to do so.   If it is later determined that Kasu should have withheld and/or paid tax but did not withhold or pay such tax, then You shall repay to us the applicable tax as requested by Kasu and hold Kasu harmless from any penalties or interest thereon. You further agree to indemnify and hold Kasu and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any claims by the Australia Revenue Agency or any taxes related to Your use of the Service.

USER CONTENT; FEEDBACK;

In connection with Your use of the Services, you may have occasion to upload, submit, post, display, perform, transmit, communicate, or otherwise make available User Content via the Services (“Your User Content”).

Your User Content may ONLY be uploaded, submitted, posted, displayed, performed, transmitted, communicated, or otherwise made available via the App.

If You submit ideas, suggestions, commentary or feedback to Kasu regarding the Services (or any other product or service offered by Kasu) (collectively, "Feedback"), through any means whatsoever, then You agree that Kasu may use the Feedback freely and for any purpose.

You represent, warrant and covenant to Kasu that Your User Content and Feedback will not violate the Acceptable Use & Conduct Policy.

You hereby grant Kasu a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use any of Your User Content and Feedback in the manner in and for the purposes for which the Services and/or Kasu from time to time use User Content and Feedback, including, without limitation, for developing and marketing products, services, applications, the Services, and/or Content, without any obligation to You or third parties, including without any requirement for Kasu to provide You with any credit, notice, approval or compensation for any such use.

You waive any and all of Your moral rights in the Feedback and Your User Content.

Kasu may review, monitor, and/or remove any Feedback and/or User Content at Kasu’s sole discretion and at any time and for any reason, without notice to You, including to comply with legal process or to respond to any claim that any User Content violates the rights of third parties.

Kasu does not endorse any Feedback or User Content.

RESPONSIBILITY FOR CONTENT

Please see sections 18 and 19 below.

Under no circumstances will Kasu be liable in any way for any content, including any Kasu content or user content.

You are solely responsible for all of Your User Content and for complying with Section 16.

Under no circumstances will Kasu be liable in any way for any Content, including any Kasu Content or User Content.

You acknowledge and agree that Kasu: (i) stores User Content at the direction, request and with the authorization of its Users; (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such User Content; (iii) plays no active role and gives no assistance in the presentation or use of the User Content; and (iv) cannot and does not review the User Content created or uploaded by its Users, and neither Kasu nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Services for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or any applicable law, rule or regulation.

Kasu does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, including Kasu Content or User Content. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, that have been mislabeled or are otherwise deceptive.

GENERAL DISCLAIMERS; USE IS AT YOUR SOLE RISK

use of the services, listings, listed items, lent items protection, Kasu content or user content, is solely at your own risk. Kasu does not endorse any user, listing, Kasu content, user content, listed item or lent item.

You are solely responsible for all of your listings, user content, listed items, use of lent items, and communications and interactions with other users.

The services, listings, listed items, protection, Kasu content and user content, are made available and provided "as is" with no representations, warranties or conditions of any kind.

Kasu is not a rental broker, agent or insurer.

To the maximum extent permitted by applicable law, Kasu hereby disclaims any and all representations, warranties and conditions in respect of the services, listings, listed items, lent items, Kasu content, user content, or conduct of users, whether statutory, collateral, implied, express or arising through a course of dealing or trade, including any warranty or condition of safety, legality, availability, accessibility, security, uninterrupted use, quality, fitness for a particular purpose, quiet enjoyment, merchantability, merchantable quality, non-infringement, accuracy, timeliness, truthfulness, or currency, or that the services, listings, listed items, Kasu content, user content or conduct of users, are or will be error-free or virus-free.

No oral or written information or advice given by Kasu will create any representation, warranty or condition.

Kasu is not a party to any interactions between or among users, and it is not a party to any transactions (e.g. borrowing, lending, selling, buying) regarding any listed items or any. Kasu’s sole role is to make available the services to allow users to connect.

You acknowledge and agree that Kasu does not have an obligation to conduct verification on any users, but may conduct such verification in its sole discretion.

LIMITS AND EXCLUSIONS OF LIABILITY

The maximum extent permitted by law, in no event will Kasu be liable for any of the following arising out of or in connection with this agreement: (i) Special, exemplary, punitive, indirect, incidental or consequential damages; (ii) lost savings, profit, data, use, or goodwill (whether direct, indirect, consequential, special, punitive or otherwise); (iii) product liability; (iv) business interruption; (v) costs for the procurement of substitute products or services; (vi) personal injury or death; or (vii) personal or property damage arising out of or in any way connected to this agreement.

You understand and agree that Kasu is not a party to any agreements entered into between users, nor is Kasu a rental broker, agent or insurer. Kasu has no control over the conduct of users or over any items, listed items, or lent items, and disclaims all liability in this regard to the maximum extent permitted by law.

In no event will the total aggregate liability of Kasu in connection with or under this agreement, exceed the amount of fees paid by you to Kasu pursuant to these T&C in the prior 3-month period immediately preceding the event giving rise to the claim. for greater certainty, the existence of one or more claims under this agreement will not increase this maximum liability amount.

This section “limits and exclusions of liability” will apply to all causes of action whether in contract, tort (including negligence and injury), fundamental breach, strict liability or any other legal or equitable theory, even if Kasu has been advised of the possibility of the damages, or if any remedy you have fails of its essential purpose, and will apply whether or not any damages could have been foreseen or prevented or whether Kasu was advised of same.

INTELLECTUAL PROPERTY OWNERSHIP

Except for the rights granted to You expressly herein, as between Kasu and You, Kasu reserves all right, title and interest (including all intellectual property rights) in and to the Services, including any Kasu Content. The App are licensed, not sold, to You.

You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in the Services or Kasu Content.

The Services and Kasu Content are: (i) protected by copyright, both individually and as a collective work or compilation, and by trademark law, patent law and any other applicable laws; and (ii) not Your property, but the property of their respective owners, whether Kasu or otherwise.

All trademarks and other indicia of origin appearing on or in the Services or Kasu Content are the property of Kasu or Kasu’s service providers, suppliers or licensors, or the trademark’s property owners, unless otherwise indicated. You may not use any trademark or other indicia of origin appearing on or in the Services or Kasu Content.

Kasu, or owners of any other intellectual property rights, may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally.

Your User Content is, as between You and Kasu, Your property.

REPORTING COPYRIGHT INFRINGEMENT CLAIMS

Kasu take claims of copyright infringement seriously. Kasu will respond to notices of alleged copyright infringement that comply with applicable laws.  If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of [email protected] include in your notice a detailed description of the alleged infringement.

Please be aware that if You knowingly materially misrepresent that material or activity on the Service is infringing Your copyright, You may be held liable for damages (including costs and lawyers' fees) under applicable laws, rules and regulations.

REPEAT INFRINGERS

It is Kasu’s policy in appropriate circumstances to disable and/or terminate the accounts of Registered Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

EXTERNAL SOURCES AND SERVICES; THIRD PARTY BENEFICIARIES

Kasu is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to, the Services. If You use any third party website or service through the Services, then You do so at Your own risk.

Such third party websites or services may be subject to their own terms of service and privacy policies. Kasu is not responsible or liable for the availability or accuracy of such third party websites or services, or the content, products, or services available from such third party websites or services.

Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, Kasu.

Your use of the Services using applications developed for Apple iOS or Android mobile devices is subject to terms set forth in the Apple's or Google’s terms of service (as applicable).

Some portions of the Services implement Google Maps/Earth mapping services, including Google Maps application programming interface(s) (“API(s)”). Use of Google Maps/Earth is subject to Google’s terms of use, located at: https://www.google.com/intl/en_us/help/terms_maps.html.

Some portions of the Services implement Twilio Inc.’s and Twilio Ireland Limited’s (“Twilio’s”) API(s) with respect to notifications and messaging. Use of Twilio’s services are subject to Twilio’s terms of service, located at: com/legal/T&C.

Payment processing is governed solely by Split Payments’s user agreement, which is available at Split Payments.com/ca/webapps/mpp/ua/useragreement.

Apple, Google, Twilio, and Split Payments, and/or their applicable international subsidiaries and affiliates, will be third-party beneficiaries to this Agreement. Such entities are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner.

LINKING TO THE WEBSITE

Kasu welcomes links to the homepage of the Website. You may only establish a hyperlink to the homepage of the Website if: (i) the link does not state or imply any affiliation, connection, sponsorship, endorsement, commercial tie-in, or approval of Your site by Kasu or anyone having rights to any Content or create the false appearance that an entity is associated with or sponsored by Kasu; and (ii) the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with Kasu, its trademarks or any other trademarks appearing on or in the Services.

Kasu does not permit framing or inline linking to any other website, service or application.

SERVICES UPDATES; T&C AMENDMENTS

Kasu may, in Kasu’s sole discretion, release fixes, patches or updated versions of the Services or otherwise add or remove services, Content or features (including modifications to the features, availability or functionality of the Services and/or Content or any part of any of the foregoing) at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of the Services and will be subject to the terms and conditions of these T&C.

Kasu may amend these T&C, or any provision thereof, with immediate effect at any time and without notice. Your use of the Services following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these T&C in effect at the time of such use.

TERMINATION; SUSPENSION AND AFTER TERMINATION

Kasu reserves the right to reject, suspend or terminate the Services, any Registered User’s Account, any Listing, or Your use of all or any portion of the Services at any time and for any reason, in Kasu’s sole discretion. Kasu has no obligation to provide you with any notice of your breach of these T&C, but we may choose to provide notice, and an opportunity to cure such breach, in our sole discretion should we so choose.

The terms and conditions in these T&C will continue to apply to Your past use of the Services, in the form in which it or they then-existed at the time of the subject use. Furthermore, termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to Kasu.

You may cancel Your Registered User Account at any time via the Services or by sending an email [email protected] Please note that if Your Registered User Account is cancelled, Kasu does not have an obligation to delete or return to You any of Your Content or Feedback.

Upon termination of these T&C or Your Registered User Account: (i) You will remain liable for all amounts due hereunder; (ii) any provision hereof that by its nature is intended to survive the termination of these T&C will survive such termination; and (iii) if you are a Borrower with any outstanding Lent Items, immediately return all of such Lent Items to the respective Borrowers or pay in full to have it repaired or replaced.

If Kasu takes any of the measures described above (w) we may communicate to Your Borrowers or Lenders that a pending or confirmed booking has been cancelled, (x) we may refund Your Borrowers in full for any and all confirmed bookings, irrespective of pre-existing cancellation policies, (y) we may support Your Borrowers, on an exceptional basis, in finding potential alternative Items, and (z) You will not be entitled to any compensation for confirmed bookings that were cancelled.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kasu and its affiliates, and their shareholders, directors, officers, employees, agents, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers' fees) that arise from or relate to (i) Your breach of these T&C; (ii) Your Use of the Services; (iii) Your User Content; (iv) Your interaction with any Users; (v) Your Listing(s); or (vi) the booking, use and rental or purchase of an item rented to You, as a Borrower or Buyer, or by You, as a Lender, including, but not limited to any injuries, losses, or damages of any kind arising in connection with or as a result of a booking, rental, sale or use of an item for rent or sale.

Kasu has the right but not the obligation to participate in any defence or settlement. If Kasu chooses to participate, then each party must pay for its own lawyers' fees.

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INDEPENDENT CONTRACTORS

For all purposes, Kasu and You are independent contractors and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.

APPLICABLE LAW & JURISDICTION

All matters relating to these T&C will be governed by the statutes and laws of state & federal laws of Australia applicable therein, as applicable, without regard to the conflicts of laws principles thereof.  You and Kasu also agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts or the federal courts of Australia, as applicable, with respect to any and all matters arising in connection with these T&C.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these T&C.

ASSIGNMENT

Kasu may assign or transfer these T&C in whole or in part at any time without Your consent.  You may not assign these T&C or assign, transfer or delegate Your Registered User Account or any of Your rights or obligations under these T&C.  Any purported assignment, transfer or delegation in violation of this provision is void from the outset.

WAIVER OF CLASS ACTIONS

To the fullest extent permitted by applicable law, all parties to any action arising out of or in connection with the Services or these T&C must be individually named. You hereby waive any right you may have for any dispute pertaining to the Services or these T&C to be arbitrated or litigated on a class action or consolidated basis, or on bases involving disputes brought in a purported representative capacity on behalf of the general public.

SEVERABILITY; ENTIRE AGREEMENT; WAIVER

If any provision of these T&C are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these T&C shall remain in full force and effect. These T&C constitutes the entire understanding, and supersedes all other understandings, between You and Kasu concerning the subject matter hereof.  No waiver of a right of a party under these T&C will be effective unless it is in writing and signed by the party waiving its right.  A waiver of a right by a party (or failure by a party to enforce a provision of these T&C) will be effective only in the specific instance and for the specific purpose for which it is provided.  No waiver will be deemed a waiver of any prior or subsequent default hereunder.

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FORCE MAJEURE

Kasu will not be liable under these T&C because of a failure or delay in performing Kasu’s obligations hereunder on account of any cause beyond Kasu’s reasonable control, such as, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, governmental action.

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INTERPRETATION

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these T&C are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.

LANGUAGE OF THIS AGREEMENT

It is the express wish of the parties that these T&C and all related documents be drawn up in English.