1. Acceptance of Terms
By registering an account with Kooeee and accessing the App, you confirm that you are at least 18 years of age and legally capable of entering into binding contracts. You agree to comply with all applicable laws and regulations when using the App.
2. Description of Services
Kooeee provides a platform that allows users to:
- Offer their current public on-street parking location for sale upon departure ("Sellers"); and
- Discover and purchase these parking locations in real-time ("Buyers").
Kooeee facilitates the transaction between Users but does not own, control, manage, or guarantee the availability of any public parking spots.
3. User Accounts
3.1. To use the App, you must register an account and provide accurate and complete information, including a valid payment method.
3.2. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
3.3. Kooeee reserves the right to suspend or terminate your account if any information provided is false, misleading, or violates these Terms.
4. Payment and Credit Policy
4.1. Credit System: To purchase a parking spot, users must maintain a positive credit balance within the App. Each parking spot is listed at a variable price determined by demand, location, and time.
4.2. Automatic Top-Up: By registering a payment method, you authorise Kooeee to automatically charge your registered payment method at variable rates in order to maintain a sufficient credit balance for continued use of the services. Top-up thresholds and amounts may vary and will be communicated to you via the App or email.
4.3. Billing Authorisation: You expressly agree and authorise Kooeee to debit your nominated payment method without prior notice in accordance with the variable pricing structure and auto top-up mechanism. You may disable auto top-up in your account settings; however, this may limit your ability to use the App.
4.4. Non-Refundable Credits: All top-ups are final and non-refundable, except as required by law or explicitly stated otherwise.
5. Listing a Parking Spot (Selling)
5.1. Sellers may list a parking spot as they vacate a location.
5.2. The Seller represents and warrants that they are vacating the location and not falsely advertising.
5.3. Sellers may receive credits in exchange for a successful transaction. Kooeee reserves the right to set, adjust, or withhold the value of such credits in the case of fraud, misrepresentation, or system abuse.
6. Use of the App
6.1. Users must not:
- Misrepresent or falsify parking spot availability;
- Harass, stalk, or endanger other users;
- Use automated systems to interfere with the App;
- Circumvent or bypass the payment system;
- Violate any local laws regarding the use or resale of public parking.
6.2. Kooeee may suspend or ban accounts for any misuse, at its sole discretion.
7. Limitation of Liability
Kooeee provides the App on an "as is" and "as available" basis. We make no warranties, express or implied, regarding availability, accuracy, or reliability of the service.
To the fullest extent permitted by law, Kooeee disclaims any liability for:
- Lost time, missed appointments, or inconvenience from inaccurate parking listings;
- Disputes between Users;
- Unauthorised access to User data;
- Enforcement actions by local authorities regarding the use of public parking spaces.
8. Dispute Resolution
In the event of a dispute, users are encouraged to contact support at support@kooeee.app. Kooeee will attempt to mediate disputes but does not guarantee resolution.
If unresolved, disputes shall be submitted to binding arbitration in Victoria, Australia under the rules of the Australian Centre for International Commercial Arbitration (ACICA).
9. Privacy and Data
All user data is processed in accordance with our Privacy Policy. By using the App, you consent to the collection and use of your information as outlined therein, including for payment processing, fraud prevention, and service improvement.
10. Amendments
We reserve the right to modify these Terms at any time. Updates will be posted via the App or website. Continued use of the App after changes constitutes acceptance.
11. Termination
Kooeee may suspend or terminate your access to the App at any time without notice for breach of these Terms, suspected fraud, or unlawful conduct. Upon termination, you forfeit any unused credits, except where prohibited by law.
12. Governing Law
These Terms are governed by the laws of the State of Victoria, Australia. Any legal action shall be brought in the courts of Victoria.
13. Contact Information
If you have questions about these Terms, please contact:
DinersVoice Pty LtdACN: 139 039 517
ABN: 88 139 039 517
Registered Office: 66 Motherwell Street, South Yarra VIC 3141
Email: support@bigsmssa.com