WHO ARE WE AND WHAT DO WE OFFER?

We are Coding the Curbs. We provide an online Platform that enables Users to search, find and reserve short-term Smart Zones, offered by our Partners, such as municipalities or other ground owners. Embracing sustainability and flexibility, we digitise streets and neighbourhoods to make faster, easier and more effective use of city space. Our vision is to pave the way for tomorrow's smart city through the smart use of public space– all possible through the use of our Platform. 

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Our Platform is accessible through a web-based application (the App). The use of our Platform and App to search and reserve Smart Zone are hereinafter collectively referred to as: our Services.

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You can find more information about our Services on our website www.codingthecurbs.com (the Website). 

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These Coding the Curbs Platform Terms (the Terms) apply to the relationship between Coding the Curbs and the Users of the Platform. Use of the Platform is conditional upon compliance with these Terms. Coding the Curbs may amend these Terms from time to time. The latest version of the Terms applies to the relationship between Coding the Curbs and the User.

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Please note: our Services are only offered to parties that act in a commercial or professional capacity, for purposes in connection with trade, business, craft or professional activity. Consequently, a User cannot be considered a consumer (in Dutch: consument), nor can any purchase via our Platform be considered a consumer purchase (in Dutch: consumentenkoop). You can only use our Services on the condition that you do not qualify as a consumer.

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1. DEFINITIONS

In these Terms, we apply the following definitions:

1.1 Account: the account that every User gets after registration. Through the Account, Users have access to and can use the Platform for reserving a Smart Zone in the future.

1.2 Coding the Curbs: Coding the Curbs B.V., a limited company incorporated under the laws of the Netherlands, having its registered office in Delft at Molengraaffsingel 8, and registered in the trade register of the Dutch Chamber of Commerce under number 89475054. Also referred to as us and we. 

1.3 Smart Zone: a parking spot, (un)loading bay or portion of public space digitised with the use of the Coding the Curbs platform.

1.4 Offers: an offer made by a Partner, consisting of a Smart Zone, published on the Platform.

1.5 Partner: any entity, legal person or person that uses the Platform to offer Smart Zones based on a partner agreement concluded between them and Coding the Curbs. 

1.6 Partner Services: any service relating to the actual use and occupancy of the Smart Zones by any party, including Users, as a result of or arising from the Reservation. Our Services can be used in conjunction with Partner Services, but the Partner Services do not fall within the scope of our Services and are therefore not governed by these Terms. 

1.7 Platform: the Coding the Curbs platform, made available via the App. 

1.8 Reservation: the Reservation by a User of a Smart Zone, confirmed through a notification in the App. 

1.9 Session: the period of time you may occupy a Smart Zone for. 

1.10 Terms: these Coding the Curbs Platform Terms. 

1.11 User: a legal person or a natural person acting in the course of a profession or business using the Platform to reserve Smart Zones. Also referred to as you.

1.12 Other definitions – recognisable by use of a capital letter at the beginning - may also be explained in-text below.

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2. HOW DOES IT WORK?

The Platform provides a marketplace on which Offers of Smart Zone can be placed by Partners. You may use the marketplace to find a suitable Offer. 

2.1 Every Offer on the Platform is accompanied by a description of the Smart Zones and related Partner Services, for which the Partner providing the Offer is responsible. 

2.2 You can reserve Smart Zones for a specific date and time via the App. You can reserve a Smart Zone in time slots of fifteen minutes with a maximum of half an hour. The reservation of a Smart Zone (the Reservation) is only established after you have received a confirmation through a notification in the App.

2.3 On location, you are able to reserve the Smart Zone if it is available. This reservation can be made without account and the reserved time slot will be a maximum of 15 minutes.

2.4 Without prejudice to the provisions of the Partner Services, a Reservation is your licence to occupy and use the Smart Zone for the specified period of time (the Session). The Session starts at the beginning of the Reservation time. The Session ends when you are at the end of your reservation time.  

2.5 Before the start of a Session, your licence plate is shown on a digital parking sign, located at the Smart Zone. You are only allowed to park on the Smart Zone where your number plate is shown on the digital parking sign.

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3. REGISTRATION AND ACCOUNT

3.1 To use the Platform for reserving in advance, you have to register and create an Account. You can create an account by providing the requested information in the App (together: Account Information) and choosing a password. You are entirely responsible for maintaining the security of your password. Choose a password that is at least 8 (eight) characters long and includes letters, symbols and numbers and is not used for other services. Your Account Information and chosen password, together, form the Login Credentials. 

3.2 You may not allow use of your Account by any unauthorised third party nor others that do not have the authority to represent you. You guarantee that any third party that uses your Account is authorised to represent you. You are fully responsible for non-disclosure of your Login Credentials and the use of your Account.

3.3 You agree to only provide actual, correct and complete information in the process for creating your Account. You are responsible for the accuracy of the data in your Account and we cannot be held liable in that respect. 

3.4 You may only create one (1) Account on the Platform. If, for whatsoever reason, your Account is blocked or deleted, you are no longer entitled to use the Platform.

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4. PARTNER SERVICES

​4.1 Our Services may be used in conjunction with additional Partner Services. We are not responsible for any Partner Services. For the Partner Services, our Partners may have their own terms and conditions. You acknowledge that you will accept and abide to such terms and additional obligations (such as Parking Fees or the Parking Space boundaries). We only offer the Platform and facilitate the contact between you and the Partner.

4.2 The Partner has the right to attach conditions (including costs) to a stay past checkout and may request you to leave the Smart Zone or have you removed from the Smart Zone in a matter consistent with applicable law and the terms of Partner, if you occupy the Smart Zone past checkout.

4.3 All contact between you and the Partner related to the arrangement of any further details to the (execution of the) Partner Services are for the account and risk of the Partner.

4.4 You acknowledge that we are not responsible, liable and cannot be held accountable in any way whatsoever for fulfilment of any agreements between you and the Partner and the content of the Offer, unless otherwise required by law. You and the Partner are responsible for concluding agreements related to the Partner Services and any accompanying risks. We will not be party to any such agreements.

4.5 If you have any dispute with a Partner, you acknowledge that you can solely address the Partner concerned. 

4.6 You and the Partner are obliged to execute any agreements related to the Partner Services in accordance with applicable legislation and regulations and these Terms.

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5. CANCELLATION AND RESCHEDULING

​5.1 If you wish to change the time or date of a Reservation after receiving confirmation, you can do so only by changing your Reservation in the App before the start of the Session. You will receive a confirmation of your rescheduled Reservation within the App. If you are unable to reschedule the Reservation, you may cancel your Reservation in accordance with Clause 5.2.

5.2 You are able to cancel your Reservation before the start of the relevant Session via the App. 

5.3 Due to circumstances, the Partner may be required to cancel your Reservation. You acknowledge that the Partner may cancel a Reservation at any time. In this unlikely event, you will not be entitled to any compensation or payment from us and/or Partner as a result of such cancellation.

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6. FEES AND PAYMENT

​6.1 For our Services, we do not charge service fees per Session. 

6.2 Our Partners may charge Booking Fees. The Booking Fees are determined by the relevant Partner and vary per Smart Zone and per time frame.  We have no control over the amount of these fees, which may change from time to time. Unless agreed or indicated otherwise in writing, all rates stated in Offers include VAT and other taxes or duties. You are fully responsible for correct payment of the Booking Fees to the Partner.

6.3 Depending on your selected payment method, the costs of a Session (the Fee) will be charged to you directly after you confirmed your Reservation in the App. The Fee will not be charged to you in case you cancel the Session in accordance with Clause 5.2. 

6.4 We are responsible for the correct processing of payments for the use of our Services, and you are responsible for having sufficient funds to cover the payment and providing us with correct payment details. You are obliged to immediately report inaccuracies in the payment details you have provided us. 

6.5 If, for whatever reason, the payment of the costs that were charged directly, was not successful, we will request you to pay the amount due. If you fail to pay the amount due within 14 days, you will be in default by the mere expiry of the period, with no need for a demand or notice of default. From the moment you are in default of your payment obligation, the statutory interest will be charged. 

6.6 We reserve the right to pass on the claim and to charge you any collection and/or other costs resulting from this, and/or to set off these costs against any deposit.

6.7 You can also give us consent for the collection of the amounts due per SEPA Direct Debit or credit card.

6.8 We may suspend your account in case a payment is unsuccessful. We may require that any outstanding debt be paid first before the Platform can be used again.

6.9 You are responsible for all fees charged by third parties for accessing or using our Platform (such as telephone, text or data charges charged by your mobile operator). 

6.10 We have no obligation whatsoever to refund Fees of completed Sessions registered in our App by mistake, except if a system error has occurred with us.

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7. AVAILABILITY OF THE PLATFORM, DISCLAIMER OF WARRANTIES

​7.1 The Platform is available on (handheld) mobile devices running e.g. Apple iOS and Android OS Operating Systems. 

7.2 To the maximum extent permitted by law, we hereby disclaim all implied warranties regarding the Platform. The Platform is provided ‘as is’ and ‘as available’ without warranty of any kind. 

7.3 We will make reasonable efforts to ensure the Platform’s availability to you at all times. However, We do not make any commitments with regard to the availability, continuity, functionality or usability of the Platform, nor do we make any other commitments other than those expressly set out in these Terms. You acknowledge that the Platform is provided over the internet and mobile networks and thus the quality and availability of the Platform may be affected by factors outside our reasonable control. 

7.4 We have the right to partially or entirely terminate, suspend or alter the provision of the Platform at any time, without prior notification, and for any reason at its sole discretion, for example (without limitation) if we have reason to believe that you act in violation of these Terms, applicable law or the rights of a third party, or we decide to cease or alter one or more of our services in general. 

7.5 We reserve the right to modify the Platform at any time. 

7.6 We reserve the right to wholly or partially use third parties to supply the Platform at any time.

 

8. YOUR USE OF THE PLATFORM

8.1 You must ensure that the Platform is used in conformity with our instructions and for the purpose that we intended them for. More specifically (without limitation), you are not allowed to use the Platform:

8.1.1 in any way that affects the integrity or continuity of our systems; or 

8.1.2 to resell or redistribute the Platform and the content contained therein in any way, unless specifically otherwise agreed in writing.

8.2 It is your responsibility to use the Platform in compliance with applicable law and with any third-party rights. 

8.3 We are entitled to suspend, block or delete your Account, (not limited to) in case we receive a legitimate notice-and-take-down request, in case of violation of one or more of the applicable terms, any form of fraud, abuse or any misconduct (in all cases including an attempt thereto or reasonably suspicion thereof) in using any of our services or disruption of a proper functioning of the Platform. 

8.4 We furthermore have the right to refuse or to block an Account if the Account is linked to (a bank account number which is linked to) an Account or User that is already blocked. You are not entitled to any compensation by us in connection with the suspension, blocking or deletion of the Account by us and you hereby waive any right to any compensation of damages.

 

9. PRIVACY

​9.1 We highly respect and safeguard your privacy. We comply with the General Data Protection Regulation (the GDPR) and other applicable laws and regulations regarding the protection of your personal data. You can find more information about our processing of your personal data in our Privacy Statement https://www.codingthecurbs.com/privacy-statement
 

10. INTELLECTUAL PROPERTY

​10.1 We or the party from whom we have acquired a (sublicensable) license are/is the exclusive owner of all intellectual property rights vested in and/or arising from the Platform (including the underlying source and object code), including, but not limited to, patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know how, property rights and processes. 

10.2 As long as you comply with all your obligations under the Terms, we grant you a non-transferable, non-sublicensable, royalty-free and non-exclusive (sub)license to use the Platform by means of the App.

10.3 The Platform may be used for its intended purpose only. You will not reproduce, resell, or distribute the Platform or any reports or data generated by the Platform for any other purpose unless you have been specifically permitted to do so under a separate agreement with us. 

10.4 If you no longer comply with your obligations under these Terms, we can withdraw the license to use the Platform with no notice of default being required or any compensation being due.

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11. LIABILITY AND INDEMNIFICATION

11.1 You are fully responsible and liable for your own acts and omissions regarding your use of the Platform and the Smart Zone. You must leave a Smart Zone in the condition that it was in when you arrived, and you must act with integrity and comply with applicable laws and (traffic) regulations at all times with regard to the use of a Smart Zone. You are fully responsible for providing the correct details for your parking and for paying any fines or Booking Fees charged as a result for incorrect parking.

11.2 We are not liable for damages resulting from your use of the Platform and/or the Smart Zone. This includes (but is not limited to) vehicle damage, theft of possessions, parking fines, costs connected to the relocation of your vehicle, loss of profits, business, data or information or for any remote, incidental, indirect, special of consequential damages.

11.3 We are not liable for your damage that occurs due to the fact we assumed incorrect or incomplete information provided by you to be correct or complete in the execution of the Terms.

11.4 Nothing in these Terms will exclude or limit our liability if this cannot be excluded or limited under the applicable law, such as in the case of intent or gross fault on our side.

11.5 If we are liable, for any reason, the liability will be limited to the amount covered by our insurance and eligible for payment. If, for whatever reason, the insurer does not pay out, our liability is limited to an amount of EUR 25.000,-.

11.6 We are not in any event liable for:

11.6.1 the actions or inactions of other Users;

11.6.2 the situation where the device of User is stolen, and any third party subsequently makes use of the account of User;

11.6.3 failure to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure); or

11.6.4 theft, and/or damage to your vehicle or possessions.

11.7 To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless us from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising out or in any way connected with: 

11.7.1 Non-compliance or a breach by you or any other User of your Account of these Terms;

11.7.2 improper use of the Platform; 

11.7.3 your use of a Smart Zone; or

11.7.4 a breach by you or any other user of your Account of any laws and regulations or third-party rights such as intellectual property or privacy rights.
 

12. TERM AND TERMINATION

​12.1 The agreement between you and us reflected by these Terms is effective when you access the Platform, for example by creating an Account, and remains in effect until either you or we terminate the agreement in accordance with these Terms. 

12.2 You may terminate this agreement at any time by deleting your Account. We may terminate this agreement and your Account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your Account. We may also terminate this agreement immediately and without notice and stop providing access to the Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect us, the Partner or other third parties. If your Account has been inactive for more than 2 (two) years, we may terminate your Account after we have sent you a reminder and you have not taken any action within the specified time frame. 

 

13. MISCELLANEOUS

​13.1 You cannot transfer your rights and obligations under these Terms to third parties, without our permission. We can assign and/or transfer all rights and obligations under these Terms to a third party, with your consent. Such consent can be granted tacitly by you. Consent is not required in case the transfer takes place in connection with a merger or acquisition in which both the obligations and the rights of Parties stipulated in these Terms are upheld. 

13.2 If any provision of these Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.

13.3 If we do not enforce (parts of) these or exercise rights we have pursuant to these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against you.  

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14. APPLICABLE LAW AND COMPETENT COURT

14.1 These Terms and all agreements between you and us are exclusively governed by Dutch law.​

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15. QUERIES, REMARKS AND SUGGESTIONS 

15.1 We want to offer you an optimum service. For any queries, remarks or suggestions, please contact us using the contact details below or via the contact form on the Website. We will endeavour to respond to messages within 5 (five) working days. 

 

Coding the Curbs B.V.

E-mail address: iskandar@codingthecurbs.com

Chamber of Commerce: 89475054

VAT number: NL864993109B01