PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING THE SERVICES
This Kater Member Agreement (the “Agreement”) governs the access and use by you of certain applications, websites, content, products and services (collectively, the “Services”) made available to you (the individual engaging the Services, “You”, “”Your”) by Kater Technologies Inc. and any of its subsidiaries or affiliates (collectively, “Kater”, “we”, “us”, “our”).
This Agreement applies to Your access and use of our website and services at “http://one.kater.com”, which is composed of numerous websites and webpages operated by Kater (collectively, the “Website”), the Services and the Application (as defined below).
WHEN YOU ACCESS AND USE THE WEBSITE, THE SERVICES AND/OR THE APPLICATION, YOU ARE AGREEING TO BE LEGALLY BOUND BY THIS AGREEMENT, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND KATER, WITHOUT LIMITATIONS OR RESERVATIONS, AND BY ANY APPLICABLE LAWS, INCLUDING THOSE APPLICABLE LAWS PERTAINING TO INTELLECTUAL PROPERTY RIGHTS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE, THE SERVICES OR THE APPLICATION, AS APPLICABLE.
The Services constitute a technology platform that enables users of the Website or Kater’s mobile application provided as part of the Services (the “Application”) to arrange and schedule independent drivers and/or vehicle operators (“Drivers”). Unless otherwise agreed by Kater in a separate written agreement with You, the Services are made available solely for Your personal, non-commercial use.
YOU ACKNOWLEDGE THAT KATER DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
HOW TO BECOME A KATER MEMBER
In order to use the Application or Services, You must first register with Kater. During the registration process, You will be asked to provide certain personal information (such as Your name, date of birth, etc.), contact information, vehicle information (make, model, colour, license plate number, etc.) and a valid credit card number. Kater will provide You with a personal account, accessible by You with a password of Your choice.
It is important that You notify us if there are any changes to the information You provided so that we can continue to send You confirmation and keep You updated. You agree to maintain complete, accurate and current information in the profile section of Your account, which may be accessed through the Application or the Website.
In order to become and remain a Kater member, You must meet and maintain all of the following eligibility criteria:
By applying for a Kater membership, You authorize us to check Your insurance or government or other records and to check whether You satisfy the Kater eligibility criteria. We may make these checks as part of approving Your membership application but have no duty to do so.
You understand that You will not automatically become a Kater member merely because You satisfy the Kater eligibility criteria and that we may or may not approve You as a Kater member in our sole discretion.
YOUR USE OF THE APPLICATION AND SERVICES
You represent and warrant that the information You provide to Kater is accurate and complete. Kater may verify the information You have provided at any time and may refuse the Services or use of the Application without providing reasons.
You may only access the Services using authorized means. It is Your responsibility to ensure you download the correct Application for Your device. Kater is not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. The Application is currently available for iOS. Kater reserves the right to terminate the Services and the use of the Application should You be using the Services or Application with an incompatible or unauthorized device.
You agree to access only the authorized sections of the Application, the Website and Your account by using only Your username and password. You agree to take all necessary steps to prevent others from obtaining Your username or password and to immediately notify us of any unauthorized access of Your Kater account, the Application or the Website. You will be responsible to pay for all associated costs or damages arising from others using Your Kater account, whether through the Application, the Website, or otherwise, with or without Your permission or knowledge, occurring before You notify us of such unauthorized use.
By using the Application or the Services, You further agree that:
KATER RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE SERVICES AND THE USE OF THE WERBSITE OR APPLICATION SHOULD YOU NOT COMPLY WITH ANY OF THE ABOVE. You must immediately notify us if any of any of the statements listed in the section entitled “Your Use of the Application and Services” above become untrue at any time during Your Kater membership.
FEES, CHARGES AND PAYMENTS
The use of the Application is free of charge. Kater reserves the right to introduce a fee for the use of the Application. If Kater decides to introduce such a fee, Kater shall inform You accordingly and allow You to either continue or terminate this Agreement.
The rates that apply for the services provided by the Driver can be found on the Website and through the Application. These may be modified or updated from time to time at the discretion of the Driver or Kater. We will endeavor to ensure that the current rates are available on the Website and the Application but it is Your own responsibility to remain informed about the current rates for the services provided by the Driver or Kater.
Kater will charge You for the services provided to You by the Driver on behalf of the Driver. You agree that You will pay for all services You purchase from the Driver, and that Kater may charge the credit card account as provided by You when registering for the Services for the services (including any taxes) that may be accrued by or in connection with Your account immediately upon completion of the transportation services provided by Your Driver. You are responsible for the timely payment of all fees and providing Kater with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable, except where required by Applicable Law.
You understand and agree that we have no duty to provide You with billing, payment or other account information or reminders in any other way and that You are responsible for checking, managing and updating Your Kater account, billing and payment information.
Traffic Violations and Related Fines and Charges
You are solely responsible for the consequences of traffic offences and violations, criminal activities, parking violations (including on privately operated parking facilities) that occur as a result of or in connection with Your actions, including as a direct result of Your instructions to a Driver’s with respect to the operation of Your vehicle, and You must pay all penalties, fines, towing costs and other charges arising from these offences, activities or violations. You must also pay all toll charges or similar charges imposed in connection with the operation of Your vehicle. Kater will in no way be responsible for paying any penalties, fines, towing costs, toll charges or other charges on Your behalf or on behalf of a Driver.
Kater does not provide transportation or logistics services or function as a transportation carrier. The Driver operates and provides services to You independently of Kater. To the extent that a Driver is responsible for the consequences of traffic offences or violations, criminal activities or parking violations that occur in connection with a Driver’s operation of Your vehicle, Your sole recourse is to pursue the Driver directly for payment of any penalty, fine, towing cost or other charges arising from such offence, activity or violation in accordance with the following procedure:
If and to the extent that You choose to have your Driver complete tasks beyond those set out on the Website and the Application (for example, picking up dry-cleaning, filling your vehicle with gas, etc.), You will be responsible for all costs and risks associated with such tasks.
You are solely responsible for all credit card, banking, service, cellular, data or other access fees or charges You incur in relation to any payment to us, insufficient funds or Your use of any of the Services, features or other elements of the Website, the Application or the Services.
Kater reserves the right to introduce a fee, or to redirect a portion of the fees payable for the transportation services, to a reserve fund for purposes of supplemental insurance. If Kater decides to introduce such a fee, or to redirect a portion of the transportation services fees, Kater shall inform You accordingly and allow You to either continue or terminate this Agreement.
YOUR VEHICLE IS YOUR RESPONSIBILITY
Before allowing a Driver to operate Your vehicle, You must inspect the interior and exterior of Your vehicle for any defects, damages, soiling, and any missing, incomplete, defective or inoperative equipment or documentation (collectively, “Vehicle Damage”). You must advise Your Driver of all Vehicle Damage before the Driver operates Your vehicle. You understand and agree that the Driver may, in his or her sole and absolute discretion, refuse to provide any or all services as a result of any Vehicle Damage whatsoever.
Failure to Report
You understand and agree that if you do not completely and accurately report to your Driver any Vehicle Damage already existing at the beginning of each period of travel with a Driver, You will be solely responsible for any and all undisclosed Vehicle Damage.
By entering into this Agreement and using the Application or Services, You agree that You shall defend, indemnify and hold Kater, its affiliates, its licensors, and each of their respective officers, directors, and other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
LIMITATION ON LIABILITY
The information, recommendations and/or services provided to You on or through the Website, the Services and the Application are for general information purposes only and do not constitute advice. Kater will reasonably keep the Website and the Application and their contents correct and current but does not guarantee that the contents of the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, current and accurate.
Kater shall not be liable for any damages resulting from the use of, or inability to use, the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information provided on or through the Website or Application, unless such damages are the result of any willful misconduct or gross negligence on the part of Kater.
Kater shall not be liable for damages resulting from the use of, or inability to use, electronic means of communicating with the Website or the Application, including damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
The quality and scope of the transportation services or other services requested through the use of the Application, the Website or the Services is entirely the responsibility of the Driver who ultimately provides such services to You in his or her sole discretion. Under no circumstances does Kater accept liability in connection with and/or arising from the transportation services or other services provided by the Driver or any acts, actions, omissions, behaviour, conduct, and/or negligence on the part of the Driver. Any complaints about the transportation services or other services provided by the Driver should therefore be submitted to the Driver directly.
Kater does wish to promote a positive experience for You and Your Driver. When using the Application, at the conclusion of your trip You may provide feedback with respect to your Driver and Your experience. Further, Kater welcomes Your feedback by telephone 604-501-6999 or by email firstname.lastname@example.org
TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, KATER, ITS AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON WITH RESPECT TO ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING OR ARISING FROM THIS AGREEMENT, YOUR KATER MEMBERSHIP, ACCESS TO, USE OF OR INABILITY TO USE THE APPLICATION, THE WEBSITE OR THE SERVICES, EVEN IF KATER, ITS AFFILIATES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.
INSURANCE AND DEDUCTIBLES
You understand and agree that the Drivers will be covered by Your car insurance, including third party liability insurance, while operating Your vehicle. You represent and warrant as follows:
You agree to make a copy of the terms of Your Insurance Policy available to Kater or to the Driver upon request.
We make no representation or warranty as to the adequacy of the terms or policy limit of Your Insurance Policy. We do not act as your agent in placing Your Insurance Policy and we assume no responsibility for the actions of the insurer(s) and their handling of any claim. We encourage You to consult with Your own insurance broker of choice should You wish to consider acquiring the protection of additional insurance coverage or to confirm that the services of the Drivers are acceptable to your insurance provider.
You agree to pay, and to indemnify and save Kater and its affiliates harmless from, any deductible payable in connection with any claim made to Your Insurance Policy provider in connection with any accident or claim whatsoever in connection with the use of Your vehicle by You or by a Driver.
Kater and/or the Drivers may obtain additional insurance, but have no obligation to do so. Any such additional insurance does not reduce or otherwise affect Your responsibility to maintain Your Insurance Policy as set out above.
If a court, responsible government agency or any insurance provider determines that You are fully or partially at fault for an accident in connection with the services provided by a Driver, Your Kater membership may be immediately suspended or terminated at our discretion and without notice.
You are responsible, at Your own cost, to provide fuel, and any other materials required for the proper operation of Your vehicle for all periods during which You have engaged the services of a Driver, including all costs associated with refueling during such periods.
In this section of the Agreement, the following definitions apply:
“Content” means all content featured or displayed, including logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“Kater Content” means Content owned or used by Kater, its affiliate or licensors and made available through the Website, Services or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Website, Services or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Services or Application.
“Collective Content” means, collectively, Kater Content and User Content.
Subject to Your compliance with this Agreement, Kater grants You a limited, non-exclusive, non-transferable license:
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, the Services, the Application or Collective Content, except as expressly permitted in this Agreement. You may not reuse any Collective Content without first obtaining the written consent of Kater. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Kater or its licensors, except for the licenses and rights expressly granted in this Agreement.
Intellectual Property Ownership
Kater alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Website, Application or the Services.
This Agreement does not constitute a sale and does not convey to You any rights of ownership in or related to the Website, the Application or the Services, or any intellectual property rights owned by Kater. Kater’s name, logo, and the product names associated with the Application and Services are trademarks of Kater, its affiliated companies or third parties, and no right or license is granted to use them.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Services or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Kater shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world.
You acknowledge that Kater only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to You or to any third party for the content or accuracy of the User Content. Kater shall not be continuously monitoring User Content published by You or moderating between Users, nor shall Kater be under an obligation to do so. Without limiting the foregoing, You acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Kater
Any use by You of the User Content is entirely at Your own risk. You represent and warrant that any User Content posted or transmitted by You is original to You and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, You represent and warrant that You have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Kater, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Kater or its affiliated companies related to any User Content posted or transmitted by You or Your other use of the Website, the Service or the Application.
Kater reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by You and which Kater believes is not in accordance with this Agreement (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Kater.
You agree to promptly notify Kater in writing of any User Content which breaches this Agreement. You agree to provide to Kater sufficient information to enable Kater to investigate whether such User Content breaches this Agreement. Kater agrees to make good faith efforts to investigate such complaint and shall take such action as Kater in its sole discretion decides. However, Kater does not warrant or represent that it will block or remove (in whole or in part) such user Content.
License Granted by Kater
Subject to Your compliance with this Agreement, Kater grants You a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal, non-commercial use.
You shall not do any of the following:
Kater will have the right to investigate and prosecute violations of any of the above to the fullest extent of Applicable Law. Kater may involve and cooperate with law enforcement authorities in prosecuting Users who violate these User Terms. You acknowledge that Kater has no obligation to monitor Your access to or use of the Website, Services, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Services, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body. Kater reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Kater, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Website, the Services or Application.
During the use of the Website, the Application and the Services, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, or participate in promotions of third parties. These links take You off the Website, the Application and the Services and are beyond Kater’s control.
TERM AND TERMINATION
This Agreement between Kater and You shall continue for as long as the Application remains installed on Your device, or unless terminated earlier in accordance with the terms of this Agreement.
You may terminate this Agreement at any time by permanent deletion of the Application installed on your device, thus disabling the use by You of the Application and the Services. You can close your user account at any time by following the instructions on the Website.
Kater may terminate this Agreement at any time and with immediate effect and without notice (by disabling Your use of the Application and the Services), in accordance with the provisions of this Agreement, or otherwise if you:
Kater is committed to providing You with an easy and effective mechanism for connecting with Drivers. We welcome your comments and suggestions by email (email@example.com) as we continue to improve the Application and the Website.
Kater may institute a formal dispute resolution policy and procedure in the future, but is not obligated to do so.
Notice – Kater may give notice by means of a general notice on the Website or Application, or by electronic mail to Your email address on record in Kater’s account information, or by written communication sent by regular mail to Your address on record in Kater’s account information.
Assignment – This Agreement may not be assigned, transferred or otherwise conveyed by You in whole or in part without the express prior written consent of Kater. Any purported assignment in violation of this section shall be void. Kater may assign this Agreement without Your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Kater’s equity, business or assets; or (iii) a successor by merger.
No Partnership or Joint Venture – No joint ventuer, partnership, employment, or agency relationship exists between You, Kater or any Driver as a result of this Agreement or use of the Services, the Website or the Application. We remain independent of each other and neither Kater, any Driver or You are authorized to bind the other in any manner whatsoever.
Amendments – You agree that Kater may amend, supplement or replace this Agreement or any part of it, or change, suspend, or discontinue the Services or Application (including the availability of any feature, database, or content) at any time. If we make any such changes, we will notify You by posting a notice on the Website or by sending You notice through the Services, Application or via email. Kater may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability.
You are deemed to have received and read the changes, and agreed to be bound by them, if You make a reservation, access Your Kater account or use any of the Services after the changes have come into effect. Nevertheless, we may ask You to read and confirm Your agreement with any changes to this Agreement.
For Your convenience, we will also make the current version of this Agreement available online at this page.
Governing Law – This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, and each party irrevocably attorns to the courts of the Province of British Columbia, which jurisdiction shall be the sole and exclusive jurisdiction for any disputes or claims in relation to this Agreement and all matters related hereto.
Entire Agreement – This Agreement constitutes the entire agreement between You and Kater with respect to the subject-matter hereof and cancels and supersedes any prior understandings and agreements between You and Kater with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this Agreement.
Severability – Any provision of this Agreement that is or becomes unenforceable shall be unenforceable to the extent of such unenforceability without invalidating the remaining provisions hereof. To the extent permitted by Applicable Law, each of the parties hereby waives any provision of law that renders any provision hereof unenforceable in any respect.