Please read these Terms of service carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, except where prohibited, an agreement to arbitrate on an individual basis (unless you opt out), and obligations to comply with applicable laws and regulations.
Errkz Limited, for and on behalf of its subsidiaries (collectively, “Errkz”, “we”, or “us”), provides an online advertising platform that connects vehicle owners with renters and locals seeking to book those vehicles. Errkz is accessible online including at errkz.com and as an application for mobile devices. Errkz’s websites, blog, and mobile applications and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Errkz users, you agree to comply with, and be legally bound by, the provisions 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 Services and constitute a binding legal agreement between you and Errkz Limited.
To access certain features of the Services, you must sign up for an account with us (a “Errkz Account”) by either providing us your email address and creating a password or connecting through an account with a third-party site or service (including Facebook).
With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) as the primary source of funds.
ERRKZ LIMITED PROVIDES SERVICES THAT ENABLE THE SHARING OF VEHICLES AND OPTIONAL EXTRAS BETWEEN OWNERS AND RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ERRKZ DOES NOT ITSELF PROVIDE VEHICLE SHARING OR RENTAL SERVICES AND/OR INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, ERRKZ 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. Errkz makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Errkz makes no warranty regarding the quality of any listings, vehicles, hosts, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Errkz, or its service providers or through the Services or content, will create any warranty not expressly made herein.
Errkz may offer hosts the option of having photographers take photographs of their vehicles and/or hosts with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Errkz listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Errkz is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Errkz's ownership or registration thereof. You acknowledge that Errkz may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Errkz photography program, you agree that you will not use the Images in connection with sharing your vehicle on any platform, website, or application other than Errkz. At Errkz’s request, you will execute documents and take such further acts as Errkz may reasonably request to assist Errkz to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.