Kidz On The Go Terms & Conditions
Last Updated: July 9, 2019
Kidz On the Go L.L.C. (“KOTG“) is a ride share service that provides recurring transportation services and is a transportation carrier. KOTG hires independent, third party drivers or vehicle operators to offer transportation services that are arranged through the use of our media platform.
These Terms & Conditions (“Terms & Conditions”) apply to your access to and use of the websites (the “Sites”) provided by Kidz On The Go L.L.C (“KOTG” or “we”) and the other services provided by KOTG in connection there with (collectively the “Service” or “Services“).
BY ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 21. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
If you have any questions about these Terms or our Service, please contact us at firstname.lastname@example.org.
1. Eligibility; Authorization
You must be at least 18 years of age to register with KOTG. If you are under 18 years of age, you may only access or use our services under the account and supervision of a parent or legal guardian who has agreed to be bound by these Terms & Conditions. If you are a parent or legal guardian of a child under the age of 18 who will be using the our services, you agree to be fully responsible for the acts or omissions of such passengers. If you are accessing or using our services on behalf of another person or entity, you represent that you are authorized to accept these Terms & Conditions on that person’s behalf and that the person or entity agrees to be bound by these Terms & Conditions and responsible to us if you or the other person or entity violates these Terms & Conditions. You represent and warrant to KOTG that you will only book our services for passengers for whom you have been specifically authorized to do so by the parent or legal guardian of the passenger and who have agreed to the these Terms & Conditions.
2. User Accounts and Account Security
Users need to register for an account to access our Service. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
3. Description & Policy of Service – Recurring Ride
A recurring ride is any ride that is scheduled on a consistent basis. For example, if you need your child picked up from a location and dropped off at a location for a consistent scheduled amount of days each week, month or year the ride is considered to be recurring.
In order for KOTG to schedule a recurring ride, we must dedicate a driver and vehicle for that ride only. This driver and vehicle are committed to that time and place and cannot be redirected. Due to the commitment we make for that recurring schedule, it is the client’s obligation to pay for that week or month, even if the child does not ride for that day or days. The client’s payment holds that recurring ride, driver and vehicle solely for the use of the recurring ride service booked by the client.
4. Cancelation of a Recurring Ride
KOTG requires a minimum of 2 week notice of cancelation for any recurring ride. In order to cancel a recurring ride service, please send an email to email@example.com requesting that the service be canceled.
Recurring Ride policy also applies to the morning drop off and transportation service.
5. Morning Drop off and Transportation Service
KOTG offers morning drop off and transportation to our local schools. This service is considered a recurring activity and will be billed as such. For example, if you sign up for 3 or more days the fee is $60.00 per week. We do not adjust fees for days missed. See above Holiday and Vacation time policies which also apply to morning drop off and transportation services.
6. Payment Plan for the 2019/2020 School year
Because a majority of our kids attend public schools, we will follow the public school schedule for payment processing.
For the 2019/2020 school year, the fall session runs from August 12ththrough December 20th. After 9 non student days, it’s 86 school days.
We will amortize (average out) your payments over a period of 21 weeks. This will avoid confusion over payments, especially during the holidays.
You will see the first charge on July 29th, 2019. This is 2 weeks before school starts. The last charge for the semester will be on December 6th, 2019, 2 weeks before school closes.
For example, if your payment is $100 per week, you will be charged $81.90 per week for 21 weeks (19 weeks in the semester).
Because the payment is being amortized, there will be no credits or refunds.
7. Payment Terms
You agree to pay, and you hereby authorize KOTG’s third-party payment processor to charge, via one or more credit cards on file in your account for all applicable fees and taxes that may accrue in relation to your subscription to use the Service. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours. You are responsible for providing complete and accurate payment and contact information to us. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that KOTG may use any other Payment Method in your account, if available. If you do not have a valid payment method listed in your account, you agree to promptly provide KOTG with a valid payment method immediately upon request. Any amounts that KOTG is unable to charge to a valid payment method will be late payments and will bear interest at the maximum allowable rate until paid. We may suspend or terminate your access to our services if a payment is 30 days past due.
All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms & Conditions. All amounts referred to in these Terms & Conditions are stated in U.S. dollars and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on KOTG’s income. KOTG has no obligation to provide refunds or credits relating to any services, but may do so in KOTG’s sole discretion.
8. Repair or Cleaning Fees
You will be responsible for the cost of repair for damage to, or necessary cleaning of our vehicles and other property resulting from use of our services under your account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by KOTGZ in KOTG’s reasonable discretion, KOTG reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the driver using your payment method designated in your account. Such amounts will be transferred by KOTG to the applicable driver and are non-refundable. You acknowledge and agree that KOTG may, and you hereby authorize KOTG to, charge your payment method up to $250 on a per-ride basis for any damages incurred by your driver that were caused by you, other passengers or account passengers during our services, as determined in KOTG’s sole discretion.
9. Mobile and Electronic Communications.
The Service involves receiving alerts, acknowledgements, updates, offers, messages, and other information via your mobile device and/or email. Therefore, when you use our service, you expressly agree that KOTG and its drivers may contact you via text message, phone or email using the information you provide in your user account or otherwise provide to us. Your carrier’s standard messaging, data and other rates and fees apply. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. At any time, you may opt out of receiving texts by informing KOTG via e-mail (firstname.lastname@example.org). You acknowledge that opting out of receiving text (SMS) messages may impact your use of our services.
10. User Content
As part of our Service you may have the opportunity to post or upload photos, reviews and other content from time to time (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and KOTG. You grant KOTG a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to reproduce, distribute, adapt, publish, translate, create derivative works from, publicly perform, publicly display and otherwise use your User Content, and any name, username or likeness provided in connection with your User Content, in any media or media in connection with the Service without compensation to you. If you post or otherwise share reviews on or through third-party social media sites or other content that is intended to be shared, you understand that such User Content and any associated information (such as your username or profile photo for such third-party social media sites) may be visible to the public. You are solely responsible for all User Content you post.
You may not upload, post, store, share or otherwise use any User Content that violates these Terms & Conditions, that infringes or violates the rights of any third party, or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
11. Prohibited Conduct and Content
You agree not to violate or infringe upon any applicable law, contract, intellectual property or other third-party right or commit a tort in connection with your use of the KOTG services, and you are solely responsible for your conduct while accessing or using our services. Without limiting the foregoing, you will not:
- Engage in any harassing, threatening, intimidating, predatory, violent or stalking conduct;
- Use or attempt to use another User’s account without authorization from that user and KOTG or arrange or attempt to arrange rides for any Passenger for whom you are not authorized to do so;
- Use our services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our service or that could damage, disable, overburden or impair the functioning of our service in any manner;
- Reverse engineer any aspect of our service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our service;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our service that you are not authorized to access;
- Develop or use any third-party applications that interact with our services without our prior written consent, including any scripts designed to scrape or extract data from our services; or
- Use any data mining, robots or similar data gathering or extraction methods; or
- Use our services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms & Conditions.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, false, misleading, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent including, without limitation, addresses, phone numbers, and email addresses;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose KOTG or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
12. Limited License; Copyright and Trademark
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “KOTG Content”) are owned by or licensed to KOTG and are protected under both United States and foreign laws. Except as explicitly stated in these Terms & Conditions, KOTG and our licensors reserve all rights in and to our services and the KOTG Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our service and KOTG Content for your own personal use; however, such license is subject to these Terms & Conditions and does not include any right to (a) sell, resell or commercially use our service or KOTG Content; (b) copy, reproduce, distribute, publicly perform or publicly display KOTG Content, except as expressly permitted by us or our licensors; (c) modify the KOTG Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our service or KOTG Content; and (d) use our service or KOTG Content other than for their intended purposes. Any use of our service or KOTG Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about KOTG or our products or service (collectively, “Feedback”), is non-confidential and will become the sole property of KOTG. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, KOTG has adopted a policy of terminating, in appropriate circumstances and at KOTG’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. KOTG may also at its sole discretion limit access to the services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on our Service infringes any copyright that you own or control, you may notify KOTG’s Designated Agent via e-mail at email@example.com.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless KOTG and each of our respective officers, directors, agents, partners and employees (individually and collectively, the (“KOTG Parties”) from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) your access to or use of our services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) your conduct in connection with our services, including any bodily injury or property damage you cause. You agree to promptly notify KOTG Parties of any third party Claims, cooperate with KOTG Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the KOTG Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and KOTG or the other KOTG Parties.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our services or for the conduct of any drivers.
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, KOTG DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE KOTG ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.
ALTHOUGH KOTG CONDUCTS CERTAIN DRIVER, AND ALTHOUGH ONLY DRIVERS WHO SUCCESSFULLY COMPLETE THE SCREENING PROCESS, AS DETERMINED IN KOTG’S DISCRETION, ARE PERMITTED TO USE THE SERVICE TO PROVIDE SERVICES, NO SCREENING PROCESS IS PERFECT. AS A RESULT, KOTG CANNOT AND DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE ACCURACY OR EFFICACY OF THE DRIVER SCREENING PROCESS OR THE SUITABILITY, SAFETY, ABILITY, RELIABILITY, OR ACCURACY OF ANY DRIVER, THE SERVICES PROVIDED BY ANY DRIVER, OR THE CONDITION OF THE VEHICLES IN WHICH ANY SERVICES ARE PERFORMED.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) KOTG AND THE OTHER KOTG PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF KOTG OR THE OTHER KOTG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF KOTG AND THE OTHER KOTG PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICE.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of KOTG or the other KOTG Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release KOTG and the other KOTG Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties including drivers.
19. Transfer and Processing Data
By accessing or using our services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
KOTG will provide limited liability insurance covering you and passengers during rides that are part of our services. However, the drivers are otherwise responsible for insurance for the vehicles they use to provide the services.
21. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with KOTG and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or KOTG seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or KOTG seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and KOTG waive your rights to a jury trial and to have any dispute arising out of or related to these Terms & Conditions or our services resolved in court. Instead, all disputes arising out of or relating to these Terms & Conditions or our services will be resolved through confidential binding arbitration held in Hillsborough County, Florida in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and KOTG agree that any dispute arising out of or related to these Terms & Conditions or our services is personal to you and KOTG and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and KOTG agree that these Terms & Conditions affect interstate commerce and that the enforceability of this Section 21 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms & Conditions and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms & Conditions. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and KOTG agree that the state or federal courts of the State of Florida and the United States sitting in Hillsborough County, Florida have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND ZUM WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by emailing KOTG at firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 22.
22. Governing Law and Venue
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of Florida, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively, sitting in Hillsborough County, Florida.
23. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms & Conditions to our services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our service. Unless we say otherwise in our notice, the amended Terms & Conditions will be effective immediately and your continued access to and use of our services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms & Conditions, you must stop accessing and using our service.
24. Electronic Communications
By registering with KOTG, you also consent to receive electronic communications from KOTG (e.g., via email or by posting notices on our service). These communications may include notices about your account (e.g., payment authorizations and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
25. Termination; Modification of Discontinuance of Service
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our service. We also reserve the right to modify, suspend or discontinue the service or any features or functionality thereof at any time without notice and without obligation or liability to you. We are not responsible for any loss or harm related to your inability to access or use our service.
If any provision or part of a provision of these Terms & Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.
These Terms (together with any written agreement executed by you and KOTG with respect to our services) constitute the entire agreement between you and KOTG relating to your access to and use of our services. The failure of KOTG to exercise or enforce any right or provision of these Terms & Conditions will not operate as a waiver of such right or provision. The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms & Conditions are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.