PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: August 25, 2015
Welcome to Kango! Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (collectively the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
31 Winfield Street
San Francisco, CA 94110
Or email us at: firstname.lastname@example.org
Or call (415) 494-9957
Nature of Kango's Services
Kango's Services help parents create, schedule and manage carpooling, play dates, babysitting and other activities. In certain areas, Kango also provides a venue for people seeking childcare and transportation ("Users") to connect with people who want to provide those services for a fee ("Paid Providers"). Kango does not employ any Paid Providers. Further, Kango does not control, supervise, or provide any equipment to the Paid Providers, nor does Kango control the manner or means that the Paid Providers provide the childcare and transportation services. Instead, Kango provides information and tools to help Users and Paid Providers connect and make informed decisions. However, each individual is solely responsible for selecting an appropriate care provider or care seeker for themselves or their families and for complying with all applicable laws in connection with any employment relationship they establish. For clarity, these Terms apply to both Users and Paid Providers, provided that Paid Providers are subject to certain additional terms as described in the Paid Provider Supplemental Terms (http://www.kangoapp.co/providers.html).
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the http://www.kangoapp.co/ website, by sending you an email, and/or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. (Please note that COPPA applies only to information received from children and not information that is merely about children.) Although our Services are intended to facilitate the planning, scheduling and coordination of children's activities such as carpooling, play dates and babysitting, use of the Services is restricted to adults over the age of 18. Parents and guardians may provide information about their children, but we do not knowingly collect or solicit personally identifiable information from children under 13 or knowingly allow such persons to register for the Services. If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to us or on the Services. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
What are the basics of using Kango's Services?
You will be required to sign up for an account, and select a password and user name ("Kango User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Kango User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. If you are accessing the Services through a third party site or service (such as Facebook Connect) ("Third Party Website"), Kango may require that your Kango User ID be the same as your user name for such Third Party Website. By accessing the Services through a Third Party Website, you give us permission to access and use your information from such Third Party Website, as permitted by that Third Party Website, and to store your log in credentials from such Third Party Website. You agree that you shall only use Third Party Website accounts owned by you, and not by any other person or entity.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). You also represent and warrant that (i) all registration information you submit is accurate and truthful; and (ii) you will maintain the accuracy of such information.
You will only use the Services for your own internal, personal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.
What are Kango's Paid Provider Services?
In certain areas, Users of Kango's Services may arrange for child care and/or transportation from a Paid Provider. Users coordinate, schedule, and pay for the Paid Providers' services through the Services. Paid Providers are selected by Kango through an application and screening process; however, Kango does not employ the Paid Providers and thus does not control, supervise, or provide any equipment to the Paid Providers, nor does Kango control the manner or means that the Paid Providers provide the childcare and/or transportation services. Additional terms governing the Paid Providers' use of Kango's Services may be found here: http://www.kangoapp.co/providers.html
Does Kango Conduct Background Checks on any of its Users?
Kango HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct background and verification screenings in connection with your registration and/or use of the services at any time using available public records.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND FOR ENSURING THE SAFETY AND WELL-BEING OF YOUR CHILD(REN) AND THE CHILD(REN) OF OTHERS WHO ARE UNDER YOUR CARE. Kango HAS NO OBLIGATION TO VERIFY THE IDENTITY OF USERS, OR CHECK USERS' DRIVING RECORDS, SUITABILITY OF AUTOMOBILE OR EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, CAR SEATS OR OTHER CHILD SAFETY DEVICES) OR PROPER INSTALLATION THEREOF AND/OR LOCATIONS FOR PLAY DATES OR BABYSITTING. Kango MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR APPROPRIATENESS IN TRANSPORTING OR CARING FOR CHILDREN.
Kango conducts background screenings of those Users who register as Paid Providers, including criminal background checks, motor vehicle background checks, identity verification, and other relevant screening. Only Paid Providers who successfully complete Kango's screening are permitted to provide services in exchange for fees through Kango's Services. HOWEVER, Kango DOES NOT CONTROL, AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR ACCURACY OF, THE PAID PROVIDERS' PERFORMANCE OF TRANSPORTATION OR CHILD CARE SERVICES. PAID PROVIDERS ARE SOLELY RESPONSIBLE FOR THE QUALITY AND PROVISION OF SERVICES REQUESTED THROUGH Kango'S SERVICES. Kango MAKES NO WARRANTY, AND UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM THE PROVIDERS' PERFORMANCE OF SERVICES. Kango DOES NOT EMPLOY THE PAID PROVIDERS AND THUS DOES NOT CONTROL, SUPERVISE, OR PROVIDE ANY EQUIPMENT TO THE PAID PROVIDERS, NOR DOES Kango CONTROL THE MANNER OR MEANS THAT THE PAID PROVIDERS PROVIDE THE CHILDCARE AND/OR TRANSPORTATION SERVICES. .
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Additionally, you may not use the Services or information obtained from the Services for the purposes of circumventing Kango's messaging system or booking tools, for the purpose of avoiding the obligation to pay fees related to Kango's provision of services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in Kango's Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Kango's) rights.
You understand that Kango owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they do!
Do I have to grant any licenses to Kango or to other users?
For all User Submissions, you hereby grant Kango a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users)(a "Limited Audience User Submission"), then you grant Kango the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a "Public User Submission"), then you grant Kango the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Kango users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Kango's business, provided that Kango will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Kango account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Kango's records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Kango, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the "DMCA"), as it relates to online service providers, like Kango, being asked to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here http://www.kangoapp.co/copyright.html.To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We are not responsible for any claims relating to inaccurate, untimely or incomplete information provided by users of the site. Further, Kango disclaims any liability for any misstatements and/or misrepresentations made by any users of the site. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users and/or Paid Providers will be provided with each other's contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Services.
Kango has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Kango will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Kango shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Kango is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Kango, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Will Kango ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does Kango cost anything?
Though many of our Services are currently free, Kango reserves the right to require payment or fees for certain or all Services. For a description of the Services that currently require payment (the "Paid Services") and for terms governing the payment of these services ("Payment Terms"), please see our Paid Services page (http://www.kangoapp.co/providers.html) and Payment Terms page (http://www.kangoapp.co/payment.html). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
What if I want to stop using Kango?
Kango is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Kango has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Kango.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the Kango App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone, iPad Touch, and iPad applications available via the Apple, Inc. ("Apple") App Store (the "Application"), but the following additional terms also apply to the Application:
What else do I need to know?
Warranty Disclaimer. Kango has no special relationship with or fiduciary duty to you. You acknowledge that Kango has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Kango from all liability for you having acquired or not acquired Content through the Services. Kango makes no representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from Kango or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific Service). THE SERVICES AND CONTENT ARE PROVIDED BY Kango (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Kango (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Kango IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) FOR BODILY INJURY, EMOTIONAL DISTRESS AND/OR ANY OTHER DAMAGES RESULTING FROM USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM PARTICIPATION IN ACTIVITIES SCHEDULED THROUGH THE SERVICES, OR COMMUNICATIONS WITH OTHER USERS, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ARE RESPONSIBLE FOR ENSURING THE SAFETY AND WELL-BEING OF YOUR CHILD(REN) AND THE CHILD(REN) OF OTHERS WHO ARE UNDER YOUR CARE AT ALL TIMES AND TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE.
Indemnity. You agree to indemnify and hold Kango, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Insurance. Kango will maintain all insurance it is required by law to maintain in connection with the transportation arranged using the Services.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Kango's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Kango ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Kango may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Kango agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Kango, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Kango, and you do not have any authority of any kind to bind Kango in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Kango agree there are no third party beneficiaries intended under these Terms.