This is an Agreement between the individual (“Member”) affirming this Agreement and Kid Car NY, LLC (“Kid Car”), a business organization engaged in arranging for the provision of transportation service primarily for people with small children. By subscribing to Kid Car, downloading its application and/or using its Services, Member agrees to be bound by the terms of this User Agreement and of the Additional Terms and Conditions of Service, as they may be modified from time to time. Kid Car shall be bound to the terms of this Agreement at such time as it shall accept for deposit any payment from Member. In consideration of the mutual obligations contained herein, the parties agree as follows:
1. SERVICES.The Services constitute a technology platform that enables Members, as users of Kid Car’s mobile applications or websites provided as part of the Services (each, an “Application“), to arrange and schedule transportation and/or logistics services with available car seats within, to and from New York City with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with Kid Car or certain of Kid Car’s affiliates (“Third Party Providers“). Unless otherwise agreed by Kid Car in a separate written agreement with Member, the Services are made available solely for Member’s personal, noncommercial use. MEMBER ACKNOWLEDGE THAT KID CAR DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
2. PAYMENT FOR SERVICES. Member agrees to pay fees as follows:
(a) Trip Charges. Member shall further pay Trip Charges (including cancellation and waiting fees) for each use of the car service as may be established from time to time by Kid Car in its discretion provided the Kid Car will generally describe the methodology for determining such Trip Charges on its web site.
(b) Taxes, Tolls, etc. Members shall pay in addition to Fees and Charges, all applicable taxes and governmental fees, including, without limitation, sales taxes and tolls incurred in the provision of transportation.
(c) Payment Method and Authorization. Member agrees to provide Kid Car a valid credit card or debit card number belonging to Member or agree with Kid Car to another authorized method of payment for the payment of fees, charges, taxes, and tolls hereunder and further agrees to update his or her credit card, debit card or other payment method information upon any change therein. Member hereby expressly authorizes Kid Car to charge or draw upon his applicable account for all such fees as they become due. In the event Kid Car is for any reason unable to secure prompt payment through charging such credit card, Member shall promptly pay to Kid Car all outstanding fees due.
(a) Termination without Cause.This Agreement may be terminated by either party, with or without cause, effective immediately upon written notice thereof.
(b) Termination for Cause.Termination will not affect or impair Member’s obligation to pay fees and other amounts accrued but unpaid at the time of termination.
4. LICENSE; RESTRICTIONS.
(a) License. Subject to Member’s compliance with these this Agreement and the Additional Terms and Conditions, Kid Car grants Member a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on Member’s personal device solely in connection with Member’s use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Member’s personal, noncommercial use. Any rights not expressly granted herein are reserved by Kid Car and Kid Car’s licensors. The Services and all rights therein are and shall remain Kid Car’s property or the property of Kid Car’s licensors. Neither these Terms nor Member’s use of the Services convey or grant to Member any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Kid Car’s company names, logos, product and service names, trademarks or services marks or those of Kid Car’s licensors.
(b) Restrictions. Member may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Applications or the Services except as expressly permitted by Kid Car; (iii) decompile, reverse engineer or disassemble the Applications or the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Applications or the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Applications or the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Applications or the Services or its related systems or networks.
5. DISCLAIMERS; LIMITATION OF LIABILITY.
(a) DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KID CAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KID CAR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KID CAR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. MEMBER AGREES THAT THE ENTIRE RISK ARISING OUT OF MEMBER’S USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH MEMBER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
(b) LIMITATION OF LIABILITY.
(i) KID CAR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF KID CAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(ii) KID CAR’S SERVICES MAY BE USED BY MEMBER TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT MEMBER AGREE THAT KID CAR HAS NO RESPONSIBILITY OR LIABILITY TO MEMBER RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO MEMBER BY THIRD PARTY PROVIDERS OR FOR ANY NEGLIGENCE IN THE PROVISION OF SERVICES BY SUCH THIRD PARTY PROVIDERS, INCLUDING BOTH DRIVING AND CAR SEAT INSTALLATION, AND INCLUDING ANY RESULTING PROPERTY DAMAGE OR PERSONAL INJURY.
(iii) UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN, KID CAR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES, INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF: (1) MEMBER’S USE OF OR RELIANCE ON THE SERVICES OR MEMBER’S INABILITY TO ACCESS OR USE THE SERVICES; OR (2) THE PROVISION OF TRANSPORTATION OR OTHER SERVICES TO MEMBER BY ANY THIRD PARTY PROVIDER OR ANY TRANSACTION OR RELATIONSHIP BETWEEN MEMBER AND ANY THIRD PARTY PROVIDER, EVEN IF KID CAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(iv) KID CAR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KID CAR’S REASONABLE CONTROL.
(v) IN NO EVENT SHALL KID CAR’S TOTAL LIABILITY TO MEMBER IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
(vi) THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER MEMBER’S RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
(a) Arbitration. The parties agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Additional Terms and Conditions incorporated herein or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes“) will be settled by binding arbitration between the parties, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. THE PARTIES ACKNOWLEDGE AND AGREE THAT, BY AGREEING TO ARBITRATION, THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless both Member and Kid Car otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding; provided, however, that if the prohibition contained in this section is for any reason held unenforceable, then any such representative or class proceeding shall be resolved not through arbitration but rather in a court of law having subject matter jurisdiction thereover. Any arbitration hereunder shall be conducted before a single arbitrator within the City of New York, shall be administered by the American Arbitration Association (“AAA”), and shall be conducted in accordance with the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified herein.
(b) Entire Agreement; This User Agreement, together with the attached Additional Terms and Conditions, which are hereby incorporated herein, contain the entire agreement of the parties, and supersede all prior agreements, negotiations, representations or undertakings between the parties hereto.
(c) Waiver. Any waiver of rights or remedies under this Agreement by either party shall extend only to the particular breach waived and shall not constituted a waiver of any future breach, whether of the same or a different kind.
(d) Severability. Except as otherwise provided herein, if any provision in this Agreement or the Additional Terms and Conditions is deemed or held to be unlawful, invalid or unenforceable, but such unlawfulness, invalidity or unenforceability shall not affect the remaining provisions hereof, which shall remain in full force and effect.
(e) Conflict. This Agreement and the Additional Terms and Conditions shall be construed, if possible, as consistent with one another so that effect may be given to both In the event of irresolvable conflict between this Agreement and the Additional Terms and Conditions, this Agreement shall govern.
(f) Notice. Kid Car may give notice to Member by means of a general notice on the Services, electronic mail to Member’s email address listed in Member’s Account or otherwise by electronic means, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Member may give notice to Kid Car, with such notice deemed given when received by Kid Car, at any time by first class mail or pre-paid post to Kid Car NY, LLC, Attn: User Notices – Legal, 603 W 115th Street, #226, New York, NY 10025.
(g) Modification or Amendment. This Agreement and the Additional Terms and Conditions may be modified only by mutual agreement of the parties in writing signed by the parties hereto or evidenced by e-mail communications between Member and a duly authorized officer of Kid Car. NOTWITHSTANDING THE FOREGOING, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, KID CAR MAY AMEND, ON A PROSPECTIVE BASIS ONLY, THIS AGREEMENT AND THE ADDITIONAL TERMS AND CONDITIONS FROM TIME TO TIME IN ITS DISCRETION. AMENDMENTS WILL BE EFFECTIVE UPON KID CAR’S POSTING OF SUCH UPDATED TERMS AT THIS LOCATION OR THE AMENDED POLICIES OR SUPPLEMENTAL TERMS ON THE APPLICABLE SERVICE(S). YOUR CONTINUED ACCESS OR USE OF THE SERVICES AFTER SUCH POSTING CONSTITUTES YOUR CONSENT TO BE BOUND BY THE TERMS, AS AMENDED.
KID CAR NY User Agreement
ADDITIONAL TERMS AND CONDITIONS
These Terms and Conditions are subject to change by Kid Car at any time, in its sole discretion, with or without advance notice; provided that Kid Car will post any changes herein on its web site. The most current version of the Terms and Conditions, which will supersede all earlier versions, can be accessed through the hyperlink labeled ‘User Agreement’ at the bottom of the Kid Car site. Member should review the Terms and Conditions regularly, to determine if there have been changes. Member’s registration with Kid Car constitutes acceptance of the most recent version of the Terms and Conditions.
Kid Car provides transportation services within, to and from New York City.
Trip Charges in General: Member Families are billed based on the vehicle selected; the number of car seats utilized; the number of stops made; and the time spent in the vehicle plus the distance travelled as outlined the Kid CarService and Kid CarPool pages on our website: www.KidCar.net.
Carpooling Fee: Customers may pick up additional passengers on the way to the Drop-Off location or may drop off passengers at more than one location. There is a $5 fee for all intermediate stops and Customers have the option to equally share the cost of the trip with other Customers provided those Customers are members of Kid Car.
No Show/ Cancellation Fee. Customers may cancel a reservation without penalty within 5 minutes of their initial reservation. Reservations cancelled after 5 minutes of a driver’s acceptance of the ride will incur a $10 cancellation fee. If a driver is running >10 minutes behind the provided ETA, no cancellation fee will be applied. If a driver is unable to establish contact with a passenger 10 minutes after they arrive, a cancellation fee will be charged.
Changes in Fees. Kid Car may change the Trip Charge or other fees or the means in which such fees are calculated from time to time in its sole discretion. Any changes will not adversely affect a member with a reservation made prior to the change in fees.
Car Seats/ Proper Restraint
Kid Car provides up to four age and weight-appropriate car seats in all vehicles.
Customers decide the appropriate car seat for their child when they make a reservation.
Drivers receive training in the proper installation of all Kid Car- provided car seats. Nevertheless, customers are responsible for ensuring that their child is properly secured in the car seat, whether provided by the Customer or Kid Car.
Customer-provided car seats: Customer’s may use their own car seat if, in the Driver’s opinion, the Customer or the Driver has properly installed the car seat in the Kid Car vehicle. If not, the Customer MUST use the Kid Car-provided car seat.
Children requiring a car seat, as defined by applicable law, must ride in a car seat.
Customers not requiring car seats must use a seatbelt when riding in the vehicle.
Drivers may, at their discretion, refuse to transport a Customer if the Driver believes, in good faith, that the child passenger is not properly restrained.
Travel Rules and Regulations
Unaccompanied Minors. Children under the age of 18 are not allowed to create accounts under their own name. Parents may elect to have their children under the age of 18 use Kid Car unaccompanied by sending a car for their child provided that the child can be properly secured in the vehicle without the aid of the driver. Kid Car assumes no responsibility for the child once the child leaves the vehicle.
Waiting Time. The App will notify the passenger when their vehicle has arrived and their car seats have been installed. A text message will also be sent to the Customer. 10 minutes after the customer is notified, waiting time will be charged. Waiting time is determined by the type of vehicle selected.
Carpooling. Drivers will wait up to ten minutes at an intermediate destination or intermediate pick up location. After ten minutes, the Customer must elect to either continue on to the intended destination or exit at the intermediate destination or pick up location.
Travel Route Selection. Drivers will make a good faith effort to get the Customer to their intended destination in the shortest amount of time possible which may or may not be the most direct (and cheapest) route. The Customer may direct the driver to the intended destination.
Lost Items. Kid Car is not responsible for lost items or items left in its vehicles.
Allergens; Food and Pets
Limitation on Allergic Substances. Any item that could cause an allergic reaction in a future passenger is not allowed in Kid Car vehicles. Such items include but are not limited to food, drinks (other than water), pets, and plants. Uncrated pets are never allowed in Kid Car vehicles. Drivers may require that passengers use handi-wipes or other cleaning agent to remove allergens from their body or clothing prior to entering the vehicle.
Car Sickness and Other Accidents
Repair or Cleaning of Vehicles. Member is responsible for the cost of repair for damage to, or necessary cleaning of, vehicles or of car seat provided by Kid Car in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”), to the extent the need for such Repair or Cleaning is the consequence of any action or omission by Member or Member-authorized passenger. In the event that a driver reports the need for Repair or Cleaning to a vehicle, and such Repair or Cleaning request is verified by Kid Car in its reasonable discretion, Kid Car reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using Member’s payment method designated in Member’s Account. Such amounts will be transferred by Kid Car to the driver and are non-refundable. In no event shall the charges for Repair and Cleaning Charges for Kid Car-provided car seats exceed $200. In lieu of paying Repair and Cleaning charges for a car seat, a Member may elect to take ownership of the car seat and to pay the replacement cost of the car seat minus 20%, plus all shipping costs.
Errant Billing: If a Customer disputes a charge, Kid Car will review the trip and make adjustments as warranted.
Payment Rules and Regulations
Payment Method and Authorization. Member agrees to provide Kid Car a valid credit card or debit card number belonging to Member or agree with Kid Car to another authorized method of payment for the payment of fees, charges, taxes, and tolls hereunder and further agrees to update his or her credit card, debit card or other payment method information upon any change therein. Member hereby expressly authorizes Kid Car to charge or draw upon his applicable account for all such fees as they become due. In the event Kid Car is for any reason unable to secure prompt payment through charging such credit card, Member shall promptly pay to Kid Car all outstanding fees due.
Billing Cycle. Kid Car charges the Customer’s Payment Card when services are rendered.
Fees Relating to Member’s Payment Method. Member are solely responsible for any and all fees charged to Member’s Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, in-sufficient funds and over the credit limit fees.
Disclosure to and Electronic Fund Transfer Authorization by Check Card Holders. Member further acknowledge that the amount charged to Member’s check card may be different from time to time, in accordance with Kid Car Terms and Conditions, including, without limitation, changes in Trip Charge amounts or other fees, differing amounts due to the frequency of trips taken in Kid Car vehicles, promotional offers, changes in the amount of applicable sales tax, and Member authorize Kid Car to charge Member’s Payment Card for such varying amounts. Member may also cancel Member’s preauthorized charge authorization by contacting Member’s bank within a sufficient time to cancel the authorization (see Member’s agreement with Member’s bank for the terms and conditions of cancellation).
Expiration Date and Refusal of Charges to Member’s Payment Card. If Member’s Payment Card for any reason will not accept charges for any Trip Charge, Member have a period of 14 days from the date that Member’s Payment Card was declined to make Member’s Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information to Kid Car. If Kid Car is unable to charge Member’s Payment Card (existing or new, if Member have provided new Payment Card information) for a ride, Member will not be able to make a future reservation until Kid Car is able to successfully charge Member’s Payment Card. The Payment Card will be used to charge the applicable Trip Charge until Member stop riding with Kid Car.
From time to time, at Kid Car’s sole discretion, Kid Car may offer a reduced Trip Charge for the Kid Car service for a specified promotional period, to first-time or other selected Customers. If Member are taking advantage of an introductory offer for new Customers, at the time of registration for the Kid Car service, Member’s Payment Method will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, Member agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable Trip Charge plus applicable taxes will be charged to Member’s Payment Method for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of Member’s offer not covered in these Terms and Conditions will be explained on the web page on which Member land prior to beginning the sign-up process or as part of the sign-up process.
Cancellation or Changes to Program by Kid Car
Kid Car may make changes to the Kid Car service, including, without limitation, any promotional offers and free trials, at any time, and from time to time, without prior notice. Kid Car reserves the right to suspend or end the Kid Car service (including, without limitation, ceasing to offer one or all of Kid Car services) without prior notice, in Kid Car’s sole discretion. Void where prohibited.