Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Kangaride. Kangaride Canada Co. ("Kangaride") provides its service to you, subject to the following Terms of Service("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.kangaride.com/terms/. In addition, when using particular Kangaride services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Kangaride facilitates the pairing of passengers and drivers wanting to rideshare mostly within, but not limited to, Canada and the United States. The services offered by Kangaride are accessible online at Kangaride's website or by calling Kangaride's Customer Support line.
The driver membership allows you to post rides, that is, to post an itinerary inviting potential passengers to rideshare with you in exchange for a contribution for gas and benefit from Kangaride's pairing service. The driver membership lasts for a full calendar year. You can post a ride either by calling our customer support or by using our website, both enabling you to benefit from the exposure to Kangaride's community of ridesharers and potential passengers.
The passenger membership allows you to reserve and book a seat in the available rides posted by our driver members for $5.00 per seat, for a full calendar year. You can book a seat by calling Kangaride's customer support or by going online to Kangaride's website.
Pairing passengers and drivers : the information provided in the ride postings are not sufficient for passengers to communicate directly with the drivers. Passengers must first book one or more seats, depending on availability, and only then are they provided with (i) the details of the meeting place, (ii) the driver's identity, and the (iii) the details of the vehicle ( model, make, color, license plate). Once the seat is booked, either by phone or online, the driver will also be able to know the identity of the passenger(s) by calling Kangaride's customer support or by going online. Email addresses and phone numbers are kept confidential unless explicitly requested by the member concerned.
All potential new features released or updates to the services described above, or any services launched in the future will be also subject to these Terms and Conditions.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you confirm that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kangaride has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kangaride has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Kangaride is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child. Kangaride requires that any child under the age of fourteen (14) must be accompanied by an adult.
The Kangaride I.D. associated with your account is the property of Kangaride or its affiliates, and is not your personal information.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
During registration for a Kangaride I.D., you will select a password and Kangaride I.D. Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify Kangaride of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. Kangaride will not be liable for any loss or damage arising from your failure to comply with Section 5.
6. RESPONSIBILITIES OF KANGARIDE AND ITS MEMBERS
6.1 Quality control
Kangarides validates with the Ministry of Transportation of Ontario, the Insurance Corporation of British Columbia and the Société d'assurance automobile du Québec (SAAQ) the information submitted by its Ontario, British-Columbia and Quebec drivers at the time of their driver membership activation and on a yearly basis thereafter in order to insure the validity of their driver's licenses. Kangaride does not perform background checks on its members, cannot be responsible for the behaviour of its members or any criminal acts committed by them before, during or after a ride, and does not verify or validate the veracity of the information submitted.
Kangaride is committed to handling within reasonable time any breach of the Charter of Responsibilities for Members that is brought to its attention. Kangaride maintains control over the Content that is sent and displayed to members in order to promote the reliability of the Service, but does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kangaride be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
6.2 Driver Members Rules of Conduct
Any breach of the Charter of Responsibilities for Members could result in the suspension of your account (in which case you could be asked to pay a reactivation fee in order to have your account privileges reinstated) or in the permanent closing of your account and membership. As a driver member of our service, you agree to:
- a. provide true and accurate information in your ride postings and designate clear meeting places for your passengers;
- b. follow the indications and information you included in the ride postings;
- c. arrive at the meeting place at least 5 minutes prior to the departure time defined in your ride posting;
- d. inform Kangaride of any cancellation at least 24 hours prior to the scheduled departure time for the ride. Any last-minute cancellations could result in your account being suspended or your membership privileges being revoked;
- e. wait at least 10 minutes at the meeting place if one of your passengers is missing and inform Kangaride of any missing passengers;
- f. verify the identity of your passengers and make sure the passengers riding with you are the ones who reserved seats;
- g. make sure your passengers are dropped off at the location they agreed on, in a safe and timely manner;
- h. abide by the Highway Safety Code;
- i. maintain your vehicle in good working condition;
- j. have car insurance that covers the transport of passengers (most insurance covers passengers by default);
- k. abide by the laws of your province or state and country regarding driving and carpooling;
- l. seat at most two passengers in the back seat of the vehicle (for a conventional five-seat car) even if the maximum capacity is higher;
- m. be respectful of others and let Kangaride know of any harmful or disrespectful behaviour or any breach of the Rules of Conduct by passengers;
- n. do not post rides with your Kangaride account for anyone else other than yourself, unless this other person travels with you and he or she has a valid Kangaride account and driver membership.
- o. advise Kangaride administrators if another user infringes on the Terms of Service. In such circumstances, only the administrators can impose a fine to the users at fault.
- p. to make sure that the total contribution you ask of your passengers does not exceed the amount required to cover the normal operating cost of your vehicle.* If this is not the case, be aware that your use of the service does not fit within the legal definition of carpooling.
- a. arrive at the meeting place at least 5 minutes prior to the departure time defined in the ride posting;
- b. know and abide by your driver's preferences and requirements including but not limited to secondhand smoke, size of luggage, acceptance of pets, and all other preferences defined in the ride posting;
- c. inform Kangaride of any cancellation at least 24 hours prior to the scheduled departure time for the ride. Any last minute cancellations could result in your account being suspended or your membership privileges being revoked;
- d. wait at least 15 minutes at the meeting place if your driver is missing, and inform Kangaride that your driver is missing;
- e. make sure that the name of the driver and the car model, colour and license plate number correspond to the information that was relayed to you by Kangaride;
- f. abide by the Highway Safety Code;
- g. abide by the laws of your province or state and country regarding carpooling;
- h. be respectful of others and let Kangaride know of any harmful or disrespectful behaviour or any breach of the Rules of Conduct by other passengers or by your driver;
- i. do not book seats with your account for anyone else other than yourself, unless the other person(s) travel(s) with you in the same car for the same ride.
- j. advise Kangaride administrators if another user infringes on the Terms of Service.
- a. upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
- b. harm minors in any way;
- c. impersonate any person or entity, including, but not limited to, a Kangaride official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation;
- h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- k. intentionally or unintentionally violate any applicable local, provincial, national or international law, and any regulations having the force of law;
- l. collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code;
- m. "stalk" or otherwise harass another;
- n. collect or store personal data about other users without their express consent, or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.
- a. be 18 years of age or older ;
- b. be free of a criminal record in Canada or in the U.S. ;
- c. have the required personal identification ready for presentation at primary inspection before arriving at the border.
* As a rough guide, the Canada Revenue Agency allowance rate for travel compensation indicates that an employee using their own vehicle for travel may receive compensation of $0.53/km for the distance travelled during one fiscal year.
6.3 Passenger Members Rules of Conduct
Any breach of the Charter of Responsibilities for Members could result in the suspension of your account (in which case you could be asked to pay a reactivation fee in order to have your account privileges reinstated) or in the permanent closing of your account and membership. As a passenger member of our service, you agree to:
6.4 Repeated Cancellations
Please note that cancellations greatly reduce the overall quality of service for passenger and driver members alike. Kangaride reserves the right to suspend your account and, if applicable, not reimburse the booking credits used for the transaction, after your third (3rd) cancellation within the same calendar year (starting from your membership activation date or your membership renewal date).
6.5 Good Faith Clause
All participants in a rideshare have the responsibility to ensure that the ride goes as smoothly as possible, especially when a situation momentarily escapes the control of the administrators. A good-faith approach and adherence to the values of Kangaride are required from all members, even if another member infringes on the terms of service. These values are: collaboration, care, and commitment to excellence.
For example :
A passenger doesn't have the exact change to pay for the ride. She has a $20 bill instead of the $15 required.
Kangaride recommends that all passengers have exact change on them to pay their driver. However, in accordance with the values of our organization, all those occupying the vehicle (including the driver) are encouraged to make change among themselves if possible so that the payment can take place.
A passenger calls Kangaride outside of our hours of operation to cancel a booking.
If the departure is imminent (the next morning, for example), we encourage the passenger to inform the driver directly of the cancellation, by phone or by email. As a rule, the administrators inform drivers of cancellations by their passengers. However, if the cancellation occurs outside of our opening hours, it is sometimes not possible for us to let the driver know before the departure time. In these cases, the collaboration of the passengers who must cancel is encouraged.
A driver calls Kangaride outside of our hours of operation to cancel a trip.
If the departure is imminent (the next morning, for example), we encourage the driver to inform their passengers directly of the cancellation, by phone or email. As a rule, the administrators inform passengers of cancellations. However, if the cancellation occurs outside of our opening hours, it is sometimes not possible for us to let passengers know before the departure time. In these cases, the collaboration of the drivers who must cancel is encouraged.
6.6 General Rules of Conduct for Members
You agree that you will not use the Service to:
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Kangaride, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Kangaride does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kangaride be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You acknowledge that Kangaride does not pre-screen Content, but that Kangaride and its designees have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Kangaride and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kangaride or submitted to Kangaride that is available on any part of the Service, including without limitation information in Kangaride Message Boards.
You acknowledge and expressly consent to Kangaride accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Kangaride, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Kangaride and/or content providers who provide Content to the Service. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6.7 Special Clauses for Drivers
Kangaride attaches great importance to the driving history of its driver members and to any breach of the Highway Safety Code or local driving safety code, particularly regarding driving under the influence of alcohol. Please note that drivers with an history of driving under the influence of alcohol (DUI) will be denied access to our service as long as they are obliged by law to drive with a alcohol breath tester (breathalyzer) or any alcohol tester of any kind.
6.8 Special Clauses for Ontario
If you plan on using our service to or from Ontario, or in Ontario territory, it is your responsibility to read, understand and abide by the Public Vehicle Act of Ontario. The Public Vehicle Act of Ontario defines clearly what is considered a "car pool vehicle" and conditions you must meet to be excluded from being a "public vehicle" or "taxi".
6.8 Special Clauses for Canada-U.S. Border Crossing
To facilitate border crossing between the U.S. and Canada, we ask all Kangaride members to :
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You also acknowledge that it is your responsibility to have personal, travel or driver insurance for your and, if applicable, for you passengers, and abide by the current Canadian laws and local laws applicable in your province or Country of residence and / or destination concerning personal information, internet and data transmission from Canada and the province or state or country where you reside. Any breach of the agreement stated in the previous paragraph could be sanctioned according to Canadian law or other applicable laws and result in you being held accountable for your actions in a court of Law.
8. CONTRIBUTIONS TO KANGARIDE
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Kangaride through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Kangaride is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Kangaride shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Kangaride may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Kangaride without any obligation of Kangaride to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Kangaride under any circumstances.
You acknowledge and accept that Kangaride does not do any background checks on its users, cannot be responsible for the behaviour and personal conduct of its members or any criminal acts committed by them before, during and after using the service, and does not verify or validate the veracity of the information submitted by its members. You are solely responsible for your own protection and safety when engaging and communicating with other community members. Kangaride is not responsible for any loss or damage or personal injury, physical, psychological or material, direct or indirect, that you, another member or a third party may incur before, while and after using the service, by using any information on this website, by the misuse of the service by other members or by information Kangarde obtained by you or other members of the service.
You agree to indemnify and hold Kangaride and its subsidiaries, affiliates, officers, employees, agents, co-branders, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Service (including the Kangaride I.D. associated with your account), use of the Service, or access to the Service. Vous vous interdisez également de vous intéresser directement ou indirectement à toute activité pouvant concurrencer l'activité de la société.
12. MODIFICATIONS TO SERVICE
Kangaride reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kangaride will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION AND RECYCLING OF ACCOUNTS
You agree that Kangaride, in its sole discretion, may terminate your account or any part thereof, including your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if Kangaride believes that you have violated or acted inconsistently with the letter or spirit of the TOS or other incorporated agreements or guidelines, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud, and/or (i) nonpayment of any fees owed by you in connection with the Services. Kangaride may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.
You acknowledge and agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice and that Kangaride may immediately deactivate or delete your account and all related Content associated with or stored in your account and/or bar any further access to such Content or the Service. Further, you agree that Kangaride is not liable to you or any third-party for termination of your account, or termination of your access to the Service.
As Kangaride IDs are the property of Kangaride, upon termination of your account the Kangaride I.D. previously associated with your account will become available to other Kangaride users to select as their Kangaride I.D.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, WARRANTIES, REPRESENTATIONS, OR CONDITIONS associated with such dealings, are solely between you and such advertiser. You agree that Kangaride is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kangaride has no control over such sites and resources, you acknowledge and agree that Kangaride is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kangaride is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. KANGARIDE PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Kangaride or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
Kangaride will not reimburse members for unused or prepaid booking credits left in their account. If, however, your booking was cancelled or you find yourself not being completely satisfied with the service provided by one of our driver members, and assuming that the reasons for your dissatisfaction are deemed legitimate by a representative of Kangaride, the booking credits used for the / these ride(s) will be reinstated in your account. This policy does not cover the contribution amount given to the driver, in which case Kangaride will investigate and decide, in a timely manner, if it needs to intervene with the driver or the passenger members or both, in order to protect the interest of the other members of the service. This policy and the modalities explained above are the only warranty offered by Kangaride to its members. In the event that you are not satisfied with any other aspect of the service and that you wish to be reimbursed for the totally or a part of the unused booking credits in your account, you accept and agree that a reimbursement is impossible and that your only recourse against Kangaride is the termination of your membership and the final closing of your account.
CONSEQUENTLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KANGARIDE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. KANGARIDE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KANGARIDE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KANGARIDE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KANGARIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 17 MAY NOT APPLY TO YOU.
20. INVITATIONS AND GUEST ACCOUNTS
Kangaride gives you the opportunity to invite friends and family members to try the service for free. By inviting new members, you agree that: (i) you are responsible for the way your guests use the service, (ii) any breach of the Charter of Responsibilities for Members or the Terms of Service by one of your guests could result in the permanent closing of your own account, of all your guest accounts and all the guests resulting from your invitations. Invitations are not for resale and you are not allowed to sell invitations, or accept any sort of compensations for them.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.
From time to time Kangaride will send you notices through its monthly newsletter to let you know about important changes to the service or related Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
23. TRADEMARK INFORMATION
You agree that all of Kangaride's trademarks, trade names, service marks and other Kangaride logos and brand features, and product and service names are trademarks and the property of Kangaride Inc. (the "Kangaride Marks"). Without Kangaride's prior permission, you agree not to display or use in any manner the Kangaride Marks.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Kangaride and govern your use of the Service, superseding any prior agreements, oral or written, between you and Kangaride with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain Kangaride services, affiliate services, third-party content or third-party software.
Choice of Law and Forum.
The TOS and the relationship between you and Kangaride shall be governed by the laws of the province of Quebec and Canada without regard to its conflict of law provisions. You and Kangaride agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Quebec, Canada.
Waiver and Severability of Terms.
The failure of Kangaride to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your Kangaride account is non-transferable and any rights to your Kangaride I.D. or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content permanently deleted.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Kangaride may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.
Please report any violations of the TOS to our Customer Care Group.