kari is a transportation network company that provides access to a technology platform that enables individuals seeking ride-sharing transportation services (“Riders”) to use the App to request such service from independent drivers (“Drivers”), be matched with available Drivers, pay for the service, and to allow Drivers to accept such requests using the App. Riders request transportation by using “kari”, and individuals can apply to be Drivers and be connected with Riders by using “kari Provider”.
CHANGES TO THIS AGREEMENT
Eligibility and Registration
Downloading the App and Compatible Devices
The Site and the Services operate on certain operating systems and are available through third party application stores on mobile devices. Currently, the App is available to be downloaded onto mobile devices with iOS and Android operating systems from the Apple App Store and Google Play. You acknowledge and agree that kari is not responsible for ensuring that your mobile device’s software is compatible with the Site or the App, or that you can use or access the Site, App or Services through your mobile device. In addition, the terms and conditions of the applicable app store from which you are downloading the App will also apply. If you want to use the App to request or receive transportation from drivers, you should download kari. If you want to apply to provide ride-sharing transportation services to Users as a driver, you should download kari Provider. It is your responsibility to ensure you download the correct App for your device. kari is not liable if you download the wrong version of the App for your mobile device. We reserve the right to terminate your use of the App should you use the App with an incompatible or unauthorized device.
You agree that kari may enforce this Agreement directly, as may the owners of the operating systems on which the App runs, such as Apple and Google, who will also have the right to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
Login Information and Passwords
Unless you use Facebook when registering for or updating an Account, you will be required to provide us with certain personal information, which includes your mobile phone number. In providing kari with your mobile phone number, you give kari consent to send you a text message with a one time password. You will then use that one time password to sign up for an Account. After registering for an account, you will use your mobile phone number to login to your Account and the App. You agree that kari may text you new one time passwords for log in purposes. Standard text messaging charges applied by your mobile phone carrier will apply, and you are solely responsible for payment of such charges.
You are responsible for protecting the confidentiality of each password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your Account. You are not permitted to share your Account or login information or to allow any other person to access to your Account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your password(s), or any other security breach involving your Account or the Site, App and/or Services at email@example.com. We are not responsible for any unauthorized access of your Account or passwords even if you have advised us as such. You are responsible for all activities that occur under your Account, whether or not such activities have been authorized by you.
Accessing Your Account
Each time that you log into and access an Account, you represent and warrant that:
- you are the person who registered for the Account;
- all of the personal information registered in connection with the Account is current, complete and accurate;
- you are accessing the Site, App and/or Services solely for your own personal, non-commercial purposes, except where drivers are accessing it for the limited purposes related to their provision of driving services;
- you are not, and are not acting on behalf of, any competitor or prospective competitor of kari; and
- you are not accessing the Site, App and/or Services for any illegal purpose or to advertise, solicit or communicate with other users for any commercial purpose.
CONTENT OWNERSHIP, USE AND INTELLECTUAL PROPER RIGHTS
Laws and Regulations
Your access to and use of the Site, App, Services and Content (defined below) is subject to all applicable international, federal, provincial, state and local laws and regulations. You agree to comply with all applicable laws in relation to your access to and use of the Site, App, Services and Content.
Limited End User License
Data Collection and Ownership
kari may collect data which is associated with your computer, mobile device, and/or media system platform and which includes, but is not limited to: your IP address, web browser type, mobile operating system, application installations, mobile device carrier and manufacturer, mobile device identifier, the sections of the Site and App that you visit, the date and time of your use of the Site and App and your in-media time, your actions within the Site and App, Site and App crashes and other system activity, the URLs you visited before and after using the Site, and certain content that you download from the Site and App (“Usage Data”). You agree that your Usage Data will be owned by kari without providing additional compensation to you or any other person and without any liability whatsoever.
User Generated Content
Suggestions and Feedback
You agree that any and all creative ideas, notes, drawings, suggestions or other information that you may provide to kari, whether solicited or unsolicited, as a User or otherwise (“Feedback”), is the property of kari or our content partners and third party licensors, including all intellectual property rights therein, without providing any compensation to you or any other person and without any liability whatsoever. You hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to kari and irrevocably waive all moral rights you may have therein. You may submit Feedback by emailing us at: firstname.lastname@example.org.
Trademarks, Logos and Branding
The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Site and the App are the property of kari and our other partners or service providers where named. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of kari or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All Content available on or through the Site, App or Services is protected by intellectual property laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for commercial purposes.
Violation of Third Party Rights
You represent and warrant that all content of any kind that is uploaded to or transmitted through the Site, App or Services will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trade-mark, trade dress, patent, privacy, publicity, confidentiality or other personal or proprietary rights of any such third parties. kari may terminate the privileges of any User who utilizes the Site, App, Services or Content to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the User shall have the burden of establishing the same to the satisfaction of kari, acting in its sole discretion.
You must not use the Site, App, Services or Content, or assist or encourage any other party, to engage in, amongst other things, any of the following prohibited activities in relation to the Site, App, Services and/or Content:
- copying, framing or mirroring any part of the Site, App, Services or Content;
- using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Site, App or Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to kari;
- publishing, transmitting, distributing or storing content, material, information or data that: (i) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (ii) is harmful to or interferes with the Site, App or Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (iii) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (iv) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
- attempting to disrupt, degrade, impair or violate the integrity or security of the Site, App or Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of kari internet protocol space;
- distributing, or disclosing any part of the Site, App, Services or Content in any medium, including without limitation by any automated “scraping”, other than through any technology or means provided or authorized by the Site, App or Services;
- using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Site or App in a manner that sends more request messages to kari than a human can reasonably produce in the same period of time by using a conventional web browser;
- taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure, as determined by kari in its sole and absolute discretion;
- collecting or harvesting any information relating to an identifiable individual, including account names and information about Users of the Site, App, Services, or Content, from the Site or Services;
- using the Site, App, Services or Content for any commercial solicitation purposes;
- accessing any Content on the Site, App or Services through any technology or means other than those provided or authorized by the Site, App or Services;
- submitting to the Site, App, or Services or to kari any information that may be protected from disclosure by applicable law;
- bypassing the measures we may use to prevent or restrict access to the Site, App, Services or Content, including, without limitation, features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, App, or Services or the Content therein;
- violating any applicable law, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
- removing, modifying or obscuring any copyright, trademark or other proprietary rights notices contained in or on the Site, App or Services; or
- executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the kari’s servers or any data not intended for you.
Users can report any conduct or content that they believe is unacceptable use to kari at email@example.com.
THIRD PARTY LINKS
The Site, App, Services or Content may contain links to websites, products and other resources operated by third parties other than kari (“Linked Sites”). Such links are provided solely as a convenience to you. kari does not control such Linked Sites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to the Linked Sites on the Site, App or Services does not imply any endorsement or any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any Linked Sites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
FARES, CHARGES AND PAYMENTS
You understand that if you request or use ride-sharing transportation services from a Driver using the App, you may be charged. These charges will include fares as well as any other applicable fees, tolls, surcharges and taxes, plus any tips to the Driver that a Rider decides to provide (if any).
When kari presents estimated fares, that fare is an estimate only and the passenger User will be charged based on actual travel time, distance or both. Where the fare is presented as up front and agrees to pay that fare, the User will be charged that fare for that specific trip.
All charges will be due immediately. Unless you have credit on your Account, you agree to pay for all charges using the credit card that you provided when you registered for an Account. You may have credit in your Account as a result of coupons provided by kari. The credit associated with those coupons is only valid for use on the App and is not transferable or redeemable for cash, except as may be required by law. If the cost of your ride exceeds the applicable credit, we will charge your credit card for the outstanding cost of the trip. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the App.
You are responsible for ensuring that the credit card linked to your Account is valid and has sufficient credit. All payments are non-refundable, except where required by applicable law.
kari reserves the right to determine and modify fares and fees associated with the App and its Services. Pricing may vary based on the User’s location, time of the requested ride, availability of driver Users and other factors. In addition, kari reserves the right to increase fares in certain geographical areas during times of high demand or peak periods. You are responsible for all charges connected with your Account using the App, regardless or your awareness of the applicable fare, fees, tolls, surcharges and/or taxes.
Money deposited to your wallet is considered stored value. The wallet balance is non-refundable and non-redeemable for cash and may only be used to pay for services provided through the Kari application. No interest or other earnings or returns will be paid in relation to the wallet balance. At any time, you can review the current balance through the Kari App.
You may cancel a ride that you have requested through the App, but may be charged a cancellation fee in certain circumstances. You may also be charged a cancellation fee if you fail to show up after requesting a ride.
You may decide, but are not required, to tip a Driver through the App. Any tips will be provided entirely to the applicable Driver. Drivers must not accept payment by cash or by any method or system of payment that is separate from the App.
The booking User takes full responsibility for their actions and the actions of the user’s party using the Service. If a Driver reports that you and/or your party have materially damaged or soiled the Driver’s vehicle, you agree to pay the Driver a repair fee of up to CDN $250, depending on the extent of the damage (as determined by kari in our sole discretion), towards vehicle repair or cleaning. kari reserves the right (but is not required) to facilitate payment of the repair fee to the Driver using the credit card connected to your Account. If kari facilitates the payment, we reserve the right (but are not obligated) to verify or otherwise require documentation of damage prior to processing the repair fee.
kari is not responsible for the conduct of any User of the Site, App or its Services. By using the Site, App and/or Services, you agree to accept such risks and agree that kari is not responsible for the acts or omissions of Users on the App or when involved in ride-sharing transportation.
You acknowledge and understand that kari does not provide transportation services and is not a transportation carrier. kari connects Riders and Drivers using the App. The ride-sharing transportation service itself is provided by the Drivers independently. While kari assists Drivers in ensuring they have appropriate training, licensing and insurance for ride-sharing, Drivers are responsible for their training, licensing and insurance. Any ride-sharing transportation service provided by a Driver to a Rider is governed by a separate agreement between those Users.
kari cannot guarantee or verify the identity of each User, and so Users should use common sense when using the App and arranging for ride-sharing transportation services with Drivers. If you are connected with a Driver, you will be able to see the driver’s photograph, vehicle information, and geolocation as the vehicle approaches your pickup location. You are responsible for verifying the identity of the Driver before you get into the Driver’s vehicle.
It is each User’s responsibility to decide whether or not to offer or accept ride-sharing transportation service from another User. kari cannot ensure that a Driver or Rider will complete a scheduled trip.
kari has no control over the quality or safety of the ride-sharing transportation service that a Driver provides to a User.
kari is not responsible for any personal belongings that you leave in a Driver’s vehicle.
You should be careful about what information you choose to share with other Users, and kari encourages Users to use the in-App communication tool that enables Drivers and Riders to communicate with each other without sharing phone numbers. kari is not responsible for the use of any personal information that you disclose to other Users on the App or while participating in ride-sharing transportation services.
kari is not responsible for any charges, including data overage fees, that may be charged by your mobile device service provider as a result of your use of the Site or the App. You are responsible for monitoring your own data consumption, and any charges incurred by you as a result. You should check with your mobile device carrier to understand what data and messaging rates will apply when you access and use the Site and App through your mobile device.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SITE, APP, SERVICES AND ALL CONTENT ON THE SITE AND APP INCLUDING LINKED SITES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, SUITABILITY OR ACCURACY. KARI DOES NOT WARRANT THAT THE SITE, APP, SERVICES OR CONTENT ARE SUITABLE FOR OR WILL MEET YOUR REQUIREMENTS, ARE FREE OF DEFECTS, THAT THE OPERATION OF THE SITE, APP OR SERVICES WILL BE FREE FROM INTERRUPTION OR ERROR-FREE, AND KARI DOES NOT WARRANT THAT ERRORS OR DEFECTS IN THE SITE, APP, SERVICES OR CONTENT WILL BE CORRECTED. FURTHER, KARI DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, APP, OR ANY LINKED SITE, INCLUDING ANY THIRD-PARTY ACTIVITIES, AND KARI SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY THROUGH THE SITE, APP, ANY LINKED SITE OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, KARI DOES NOT WARRANT, EITHER EXPRESS OR IMPLIED, ANY ACTIVITIES ENTERED INTO BY RIDERS OR DRIVERS, SUCH AS RIDE SHARING ACTIVITIES, ARE SUITABLE OR ERROR-FREE, AND KARI DOES NOT WARRANT THAT IT IS RESPONSIBLE FOR THE SAFETY OF USERS, OR INSURE USERS FOR ANY LOSS, DAMAGE OR INJURY.
LIMITATION OF LIABILITY
Limitation of Liability for the Use of the Site, App, and Services
YOU AGREE THAT KARI, ITS AFFILIATES AND SUBSIDIARIES AND ANY OF THEIR RESPECTIVE OFFICES, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS WILL NOT BE LIABLE, WHETHER UNDER STATUTE OR IN CONTACT, TORT, STRICT LIABILITY, EQUITY OR UNDER ANY OTHER LEGAL THEORY, FOR ANY PERSONAL INJURY (INCLUDING PARALYSIS), PERSONAL PROPERTY DAMAGE, BREACH OF PRIVACY, LOSS, ACCIDENT OR DEATH OR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR SPECIAL LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, THE REPLACEMENT COST OF PERSONAL PROPERTY, THE COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, REPUTATIONAL LOSS OR DATA CORRUPTION OR DATA LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, APP, SERVICES, CONTENT OR A LINKED SITE, OR FOR ANY DELAY OR INABILITY TO USE THE SITE, APP, SERVICES, CONTENT OR A LINKED SITE, OR ARISING OUT OF OR IN CONNECTION WITH THE RIDE-SHARING TRANSPORTATION SERVICES, HOWSOEVER ARISING INCLUDING NEGLIGENCE, EVEN IF kari IS MADE AWARE OF THE POSSIBILITY OF SUCH INJURY, LOSS, ACCIDENT, DEATH OR DAMAGES.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, MALWARE OR MALICIOUS APP WHICH MAY INFECT A USER’S EQUIPMENT OR DEVICES, FAILURE OF THE APP AND/OR SERVICES TO BE COMPATIBLE WITH YOUR HARDWARE OR APP, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION OR INTERCONNECT LINES OR FIBER, OR OTHER CONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS OR UNAUTHORIZED DISCLOSURE OF PERSONAL INFORMATION OR DATA, THEFT, LOSS OF DATA, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE EVENT. kari CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR FREE OR SECURE ACCESS TO THE SITE, APP OR SERVICES. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL KARI BE LIABLE TO YOU FOR ANY AMOUNT THAT EXCEEDS THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO KARI.
Limitation of Liability for Services Arranged Through the App
Cap on Liability
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, EVEN IF THIS IS THE CASE, IN NO EVENT SHALL THE TOTAL LIABILITY OF KARI FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR UNDER ANY OTHER LEGAL THEORY, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, APP AND/OR SERVICES EXCEED THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO KARI.
WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
VIOLATIONS OF THESE TERMS AND TERMINATION
kari may monitor, terminate or suspend your Account or our Services at any time.
RELATIONSHIP BETWEEN DRIVERS AND KARI
As a Driver, kari does not direct or control how you perform the ride-sharing transportation services that you arrange with a Rider through the App. You are responsible for the performance of ride-sharing transportation services, as well as the registration, operation, maintenance and insurance of your vehicle. In addition, you must notify your insurance provider that you plan to operate a ride-sharing vehicle. You have the option to accept or decline a Rider’s request for ride-sharing transportation services on the App. You are not restricted from providing ride-sharing transportation services for other transportation network services providers, or engaging in any other consulting or employment.
This Site is operated from and kari is located in the Province of Prince Edward Island, Canada. kari acts as a transportation network company. The App is intended to be used by Users within its active service regions. By electing to access the Site, App, or Services from any jurisdiction outside of Canada, you accept full responsibility for ensuring that your use of the Site, App or Services is in compliance with all laws applicable within that other jurisdiction. kari makes no representation that materials, products and services available on or through the Site or App are appropriate or available for use in jurisdictions outside of Canada. You are not permitted to access the Site, App, or Services from any jurisdiction in which the Content is illegal or accessing the Site, App, or Services is illegal. You may not use, export or re-export any materials, including any Content, from the Site, App or Services in violation of any applicable laws or regulations.
Waiver and Severability
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with the prior express written consent of kari, which consent may be withheld in kari’s sole discretion, and any attempted assignment in violation of the foregoing is void. kari may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Site, App and/or the business and undertaking of kari.
Questions and Complaints
Last updated: August 30, 2022