01
Agreement and operator
KerbFind is operated by Fishatech. By accessing or using KerbFind, you agree to these Terms of Use and the KerbFind Privacy Policy. If you do not agree, do not use KerbFind.
Apple’s Standard End User Licence Agreement applies to the KerbFind iOS app. These Terms of Use govern the KerbFind service and community. If the two documents conflict about the licence to use the iOS app, Apple’s Standard End User Licence Agreement applies to that issue.
02
Eligibility and availability
You must be at least 16 years old to use KerbFind. If you are under 18, you may use KerbFind only with the permission and supervision of a parent or legal guardian, who is responsible for your use of the service. KerbFind is not directed to children under 16.
KerbFind is currently intended for use in Australia. You must comply with all laws that apply to your use of the service.
03
Accounts
You can browse KerbFind without an account. An account may be required to post or manage listings, save items, report content, block users or use other protected features.
You are responsible for activity carried out through your account and for keeping access to your Apple ID and device secure. Information you provide must be accurate and kept up to date.
04
How KerbFind works
KerbFind helps people offer reusable items for free and find nearby items for pickup. Fishatech does not own, inspect, sell, transport or take possession of listed items and is not a party to arrangements between users.
A listing does not guarantee that an item exists, is safe, matches its description or will still be available. Users decide whether, when and how to proceed with a pickup and must exercise their own judgment.
05
Your photos and listings
Ownership and permission
You retain ownership of the photos, descriptions and other listing information you submit to KerbFind. You may upload content only if you own it or have all permissions needed to upload it and allow Fishatech to use it as described in these terms.
Your content must not infringe another person’s copyright, trade mark, privacy, publicity or other rights. Do not upload photos containing people, number plates, house numbers or other personal information unless you have permission and it is appropriate to publish.
Permission granted to Fishatech
When you submit content, you grant Fishatech a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, format, display, distribute and make that content available through KerbFind. This licence includes the limited right to crop, resize, compress, obscure sensitive details and otherwise adapt content as reasonably needed to operate, secure, moderate and present the service.
This licence does not transfer ownership of your content to Fishatech. It continues while the content is available through KerbFind and for a reasonable period afterward where copies remain in backups or are required for safety, moderation, legal compliance or dispute resolution.
06
Listing and pickup rules
When posting or collecting an item, you must:
- provide accurate, current and non-misleading information;
- offer items for free and only list items you own or are authorised to give away;
- have permission to use the nominated pickup location and avoid trespass or obstruction;
- remove or update a listing promptly when the item is no longer available;
- follow applicable council rules and all safety and legal requirements; and
- take reasonable care during pickup and respect people, property and neighbourhoods.
You must not list illegal, stolen, recalled, unsafe or hazardous items, weapons, drugs, alcohol, tobacco or vaping products, counterfeit goods, adult content, animals, personal information or anything that Fishatech reasonably considers unsuitable or unsafe for KerbFind.
07
Safety and moderation
KerbFind provides reporting, blocking and content-moderation tools. You must not harass, threaten, deceive, discriminate against or abuse another person, interfere with the service or attempt to avoid its safety controls.
Fishatech may review, filter, restrict or remove content and may warn, suspend or terminate an account where reasonably necessary to enforce these terms, respond to a report, protect users or comply with law. Fishatech does not undertake to monitor every listing before it appears.
08
Location and privacy
Normal browsing shows an approximate pickup area. For an approved, available and unexpired listing, selecting Navigate may pass the precise pickup coordinate to Apple Maps to provide directions.
How KerbFind handles location, account information, photos and deletion requests is explained in the KerbFind Privacy Policy.
09
Paid features
KerbFind may offer subscriptions or other paid digital features through Apple’s in-app purchase system. The price, billing period and included features are shown before purchase. Payment is charged to your Apple Account and subscriptions renew automatically unless cancelled through your Apple subscription settings before renewal.
Apple processes payments, manages cancellations and provides refunds under its rules and applicable law. Nothing in these terms excludes rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law.
10
Third-party services
KerbFind relies on services provided by Apple, Supabase and other service providers for features such as sign-in, maps, directions, weather, notifications, purchases, databases and storage. Those services may be subject to their own terms and privacy policies.
Fishatech is not responsible for a third-party service to the extent that the issue is outside Fishatech’s reasonable control, but this does not limit any responsibility that cannot lawfully be excluded.
11
Service availability
Fishatech may maintain, improve, change or discontinue features of KerbFind. Fishatech aims to provide a reliable service but does not promise that KerbFind will always be available, uninterrupted or error-free.
If a material change adversely affects a paid feature, Fishatech will provide any notice or remedy required by applicable law.
12
Consumer rights and liability
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or another law that cannot lawfully be excluded, restricted or modified.
To the maximum extent permitted by law, Fishatech is not responsible for user-submitted content, the condition or availability of listed items, arrangements between users, or loss arising from conduct outside Fishatech’s reasonable control. Where Fishatech is legally liable, its liability is limited only to the extent permitted by law.
13
Suspension and termination
You may stop using KerbFind at any time and may request account deletion through the app. Fishatech may restrict, suspend or terminate access where reasonably necessary because of a serious or repeated breach, unlawful conduct, a safety or security risk, non-payment, or a legal requirement.
Where appropriate, Fishatech will give reasonable notice and an opportunity to address the issue. Immediate action may be taken where needed to protect people, the service or legal rights.
14
Fishatech intellectual property
KerbFind, its software, design, branding, logos and Fishatech-created content are owned by or licensed to Fishatech. Except for the rights necessary to use KerbFind in accordance with these terms and Apple’s Standard End User Licence Agreement, no rights are transferred to you.
15
Changes to these terms
Fishatech may update these terms to reflect changes to KerbFind, its providers, applicable law or safety requirements. The current version and effective date will remain available at this address.
If a change is material, Fishatech will provide reasonable notice before it takes effect and seek consent where required. If you do not accept a material change, you may stop using KerbFind and cancel any subscription through Apple.
16
Governing law
These terms are governed by the laws of Victoria, Australia. You and Fishatech submit to the courts that have jurisdiction in Victoria, subject to any rights you have to bring a claim elsewhere under applicable consumer law.
17
Contact
Questions about these terms or the KerbFind service can be sent to support@fishatech.com.
Privacy questions and requests can be sent to privacyofficer@fishatech.com.
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