Last updated: March 20th, 2019
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING THE SERVICES
Pursuant to these terms and conditions, we provide access to a technology platform that, as part of obtaining ride-hail services, enables users of our mobile ride-hail application (the “App”) to arrange rides with independent drivers (“Kater Partner Drivers”).
When you download the App and each time you (“you” or “your”) access the App or use the services provided thereby (the “Services”) you agree to be bound by the terms and conditions of this Kater Member Agreement (the “Agreement”), which governs the relationship between you and Kater Technologies Inc. (including its subsidiaries and affiliates, “Kater”, “we”, “us” or “our”).
We may change, amend, supplement or replace all or any part of this Agreement at any time. If we make any such changes, we will notify you by posting a notice through the App. Changes are effective immediately upon posting. A link to the most current terms of this Agreement, showing the date of the last update, is provided under Settings in the App. Your continued use of the Appfollowing the posting of any changes to this Agreement will mean you accept all of the updated terms and conditions.
If you do not agree to all of the terms of this Agreement, do not download or use the App or the Services.
In the event you register to drive with Kater, your use of the driver application will be governed by the Driver SaaS Agreement.
Kater is required by the Passenger Transportation Board to install video surveillance in its cars.
Unless otherwise agreed by Kater in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
Subject to your compliance with this Agreement, Kater grants you for your own personal and non-commercial use only a limited non-exclusive, non-transferable license to download and install the App on asingle mobile device that you own or control and to run such copy of the App.
YOU ACKNOWLEDGE THAT KATER DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
HOW TO BECOME A KATER MEMBER
Registration and Eligibility
You must register with Kater to be able to use the App and the Services. During the registration process, you will be asked to provide certain personal information (such as your name, date of birth, etc.), contact information 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 have provided to Kater. You agree to maintain complete, accurate and current information in the profile section of your applicable account, which may be accessed through the App.
You must be 19 years of age or older and have and maintain the legal capacity and authority toenter into a binding contract to become a Kater member and to use the App and the Services. We may or may not approve you as a Kater member in our sole discretion.
YOUR USE OF THE APP 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 App without providing reasons.
You must immediately notify us if any of the statements listed in this “Your Use of the App and Services” section becomes untrue at any time during your Kater membership.
You may only access the Services using authorized means. It is your responsibility to ensure you download the correct App for your device and for the Services. Kater is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. The App is currently available for iOS and Android operating systems. Katerreserves the right to terminate the Services and the use of the App should you use the Services or the App with an incompatible or unauthorized device.
By using the App or Service, you further agree that in connection with such access or use of the App or Service:
• You will only download or access the App or Service for your sole, personal use;
• You will not authorize others to use your account, or assign or otherwise transfer your account to any other person or legal entity;
• You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
• You will not conduct or promote any activity that is or could be deemed to be(i) unlawful, criminal or fraudulent or (ii) prohibited by this Agreement, including without limitation sending or storing any prohibited material;
• You will not cause nuisance, annoyance or inconvenience, including to generate unsolicited email advertisements or spam, to stalk, harass or harm another individual or entity, to impersonate any person or entity, harvest or otherwise collect information about others, including e-mail addresses, or create a false identity;
• You will not impair the proper operation of the network, the Services or the App;
• You will not try to harm the Services or the App in any way whatsoever;
• You will not copy, distribute or attempt to decompile, reverse engineer, extract the source code or otherwise disassemble the App, design or build a competitive product or service or product using similar ideas, features, functions or graphics of the Service or the App, or copy any ideas, features, functions or graphics of the Services or the App;
• You will keep secure and confidential your account password or any identification we provide you;
• You will provide us with such proof of your identity we may reasonably request;
• You will only use a wireless access point, cellular data account or other internet connection which you are authorized to use;
• You will not use the Services or the App with an incompatible or unauthorized device; and
• You will comply with all applicable laws.
You agree to only access the App and/or your account by using the login credentials created by you and associated with your account. You agree to take all necessary steps to prevent others from obtaining your login credentials and to immediately notify us of any unauthorized access of your account, or the App. You will be responsible to pay for all associated costs or damages arising from others using your Kater account, whether through the App or otherwise, with or without your permission or knowledge, occurring before you notify us of such unauthorized use.
KATER RESERVES THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR ACCESS OR USE OF THE SERVICES OR THE APP SHOULD YOU NOT COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT.
INTELLECTUAL PROPERTY AND CONTENT
In this Agreement, the following definitions apply:
“Content” means all content featured or displayed in the App, including logos, icons, trademarks, signs, text, graphics text, graphics, photographs, images, moving images, video clips, sound, audio clips, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information, compilations or other materials.
“Kater Content” means Content owned or used by Kater, its affiliates or licensors and made available through the Services or the App, including any Content licensed from a third-party, but excluding User Content.
“User” means a person who accesses or uses the Services or the App.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on or through the Services or the App.
“Collective Content” means, collectively, Kater Content and User Content.
Licenses Granted by Kater
Subject to your compliance with this Agreement, Kater grants you for your own personal and non-commercial use only a limited, non-exclusive, non-sublicensable, non-transferable license (a) to access, use, display on your mobile device and view Kater Content and to download, print, or both, a reasonable number of copies of Kater Content for personal use only provided that such Kater Content is not modified and you maintain all copyright and other proprietary notices and (b) to view any User Content to which you are permitted access.
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 Services, the App 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
All right, title and interest in the App and Kater Content, including without limitation any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the App or the Services, is owned or licensed by Kater and protected by copyright, trademark or other intellectual property laws.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on or through the Services or the App. All such User Content is deemed to be non-confidential and non-proprietary. You grant to Kater an unlimited, perpetual, worldwide, transferable, sublicensable, non-exclusive, royalty-free, license to use, copy, distribute and disclose to third parties your User Content for any purpose, in any medium.
You acknowledge that Kater is a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third-party for such User Content or the accuracy of such User Content. Kater does not continuously monitor User Content published by you or other Users, or moderate User Content, nor is Kater 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 User Content do not necessarily represent those of Kater.
Any use by you of User Content is at your own risk. You represent and warrant that you have all right to grant the license to your User Content, 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.
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.
You hereby agree to not do any of the following:
• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Services or the App in any way;
• modify or make derivative works based upon the Services or the App;
• create Internet “links” to the Services or “frame” or “mirror” the App on any other server or wireless or Internet-based device;
• launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or the App;
• send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
• send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights; or
• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, interfere with or disrupt the integrity, security or performance of the Services or the App or the data contained therein, or attempt to gain unauthorized access to the Services or the App or their respective related systems or networks.
Kater has 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 the terms of this Agreement. Kater has the right (but not the obligation) to monitor your access to or use of the Services, the App or User Content or to review or edit any User Content for the purpose of operating the App and the Services, to ensure your compliance with the terms of this Agreement, or to comply with applicable laws or the order or requirement of a court, administrative agency or other governmental body. Katerreserves 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 Services or the App.
Certain links in the App may take you to websites that are owned, operated and controlled by third parties (“Third-Party Sites”) and you may enter into correspondence with, interact with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through a link. These links take you out of the App and are beyond Kater’s control and Kater is not responsible for their content. Kater provides these links for convenience only and does not endorse any Third-Party Sites or any products, services or information they provide. If you decide to visit any Third-Party Sites, you do so at your own risk.
FEES, CHARGES AND PAYMENTS
The use of the App is free of charge. Kater reserves the right to introduce a fee for the use of the App. If Kater decides to introduce such a fee, Kater shall inform you accordingly and allow you to either continue or terminate this Agreement.
Kater will charge you for the Services provided to you. You agree that you will pay for all Services you purchase and that Kater will charge the credit card account as provided by you when registering as a member for the Services (including any taxes) that may be accrued by or in connection with your account immediately upon completion of the Services. 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. Kater only accepts payment for fees, including any gratuity for Kater Partner Drivers, through the credit card account(s) provided by you in your Kater member account. Any payment made is non-refundable, except where required by applicable law.
You understand and agree that you are responsible for checking, managing and updating your Kater account, billing and payment information.
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 App or the Services.
Kater reserves the right to introduce a fee, or to redirect a portion of the fees payable for the 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 you may choose to continue or terminate this Agreement.
You agree to defend, indemnify and hold Kater, its affiliates, licensors, and their respective directors, officers, employees, attorneys, agents and other users, harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) due to, arising out of or in connection with (i) your violation or breach of any terms of this Agreement, (ii) your use or misuse of the App or the Services, or (iii) any User Content posted or transmitted by you, including without limitation, that such post or transmission infringes or misappropriates any intellectual property rights of a third-party.
LIMITATION ON LIABILITY
The information, recommendations and/or services provided to you on or through the Services orthe App are for general information purposes only and do not constitute advice. Content is current on the first date of publication, but may no longer be accurate as a result of the passage of time or new developments. Kater uses reasonable efforts to provide current and accurate information through the Services and the App, but we do not guarantee that Collective Content are free of errors, defects, malware and viruses or that Collective Content on the App is current or accurate. We are not responsible for the accuracy, reliability, effectiveness or correct use of information you receive through the App or the Service; reliance on any Collective Content is solely at your own risk.
TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, KATER, ITS AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR PROFIT, RESULTING OR IN ANY WAY ARISING FROM THE USE OF THE SERVICES OR THE APP, INABILITY TO ACCESS OR USE OR PERFORMANCE OF THE SERVICES OR THE APP OR THIS AGREEMENT WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF KATER, ITS AFFILIATES OR SERVICE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE.
TERM AND TERMINATION
Either you or Kater may terminate this relationship with or without cause at any time. This Agreement will continue to apply to all past use of the App or the Services by you, even if you are no longer using them. You may close your user account at any time by following the instructions on our website.
You agree that Kater may, in its sole discretion, terminate or suspend your access to all or part of the App or the Services with immediate effect and without notice for any reason, including, without limitation, for breach of any term of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities. Kater will not be liable to you or any third-party for any claims or damages arising out of your use of the App or the Services.
Should you object to this Agreement or any subsequent modifications to them or become dissatisfied with the App or the Services in any way, you may immediately discontinue your use of them.
Notice – Kater may give notice by means of a general notice through the App, by electronic mail to your email address on record, or by written communication sent by regular mail to your address on record. Kater does wish to promote a positive experience for you and welcomes your feedback by telephone at 1-800-501-5519 or by email at email@example.com.
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.
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.
Benefit of the Agreement – This Agreement is binding upon and will enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign or transfer your rights or obligations under this Agreement without Kater’s prior written consent, which consent will be at Kater’s sole discretion.