PLEASE READ THIS TERMS OF SERVICES AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR THE GO KINGS MOBILE APPLICATION YOU (“YOU” OR “USER”) REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS..
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the App, you agree to these Terms. If you do not agree, or do not have all requisite authority and consent to be bound by the Terms (as further described below), you may not access or use the App or the Services in any way.
The Services enable users to arrange and schedule transportation and/or logistics services with friends, family members and other people that users voluntarily and independently select.
The Services are available to different types of Users, who will have different types of accounts with different tools, functionalities and restrictions. For example, the Services may be accessed by parents and legal guardians (collectively, “Parents”) to set up carpools for their families; by authorized representatives working within an educational institution or other organization, such as a school, school district, or employer (collectively “Organizations”) that license the Services on behalf of Parents; and by children, who may view their accounts if set up by a Parent, but they may not set up or make changes to carpools (“Children”).
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
By registering for or using the Services in any way, you represent and warrant that you meet all eligibility criteria set forth in these Terms, including all age and authorization requirements listed below. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these your use of the Services is in compliance with all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
Please regularly check the App, or Go Kings Connect, as applicable, to view the then-current Terms. When changes are made, Go Kings will make a new copy of the Terms available through the Services, and we will update the “Last Updated” date at the top of the Terms. If we make any changes to the way Family Data (defined below) is collected, used or shared by the Services, we will also send an e-mail to the applicable accountholder using the contact information we have on file with additional information regarding the collection of such data and available options regarding data collection and use, before the data is used in any manner inconsistent with the terms initially provided to Users. For other changes, the Terms are subject to change by Go Kings in its sole discretion at any time. If you do not agree to any change(s) after receiving a notice of such change(s), please stop using the Website and/or the Services and please contact us to have your account deleted. Otherwise, your continued use of the App and/or Services constitutes your acceptance of such change(s). Any changes to the Terms will be effective immediately for new Users of the Services.
The App and Services, and the information, data and content made available therein or thereon (“Content”) are protected by copyright and other intellectual property and proprietary rights laws throughout the world. Subject to the Terms, Go Kings grants you a limited license to access, view, download, print or reproduce certain portions of the Services, as designated by Go Kings, for the sole purpose of using the Services for your (or your Families’ or Organization’s) non-commercial purposes..
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the App, Go Kings Connect, or Services; (b) you shall not use framing techniques to enclose any trademark or logo on the App, Go Kings Connect or Services; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App, Go Kings Connect or Services except to the extent the foregoing restrictions are expressly prohibited by applicable statutory law; (d) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Go Kings Services; (e) except as expressly stated herein, no part of the Website Go Kings Connect or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, provided that you may reproduce or print certain Content made available through the App, Go Kings or Services, as designated by Go Kings, on behalf of your Families who have existing Accounts; and (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the App, Go Kings Connect or Services. Any future release, update or other addition to the App, Go Kings Connect or Services shall be subject to the Terms. Go Kings, its licensors, suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the App, Go Kings Connect or Services terminates the licenses granted by Go Kings pursuant to the Terms.
In order to access certain features of the Services, you must have a registered account for the Services. Only a Parent may enter information necessary to set up a Child account. Children with an account may view carpool information, but not change Account or carpool information.
If you are a Child under age 18, you may only use the Services under the supervision of an adult, in which case the adult shall be deemed the User and shall be responsible for all activities. You agree that you are the Parent of any users younger than 13 years of age that you add to your Account, and that you consent to their use of the Services.
If you sign up for the Services or an Organization signs up on your behalf, you will receive an email advising you that you may opt out. If you are registering for a Go Kings account, you will receive a personalized token to register your information. Account registration requires you (or an Organization on your behalf) to submit to Go Kings certain personal information, such as a Parent’s name, address, and mobile phone number, and those of your family members on whose behalf you set up Accounts. In registering for the Services, you (a) agree to provide all necessary information about yourself and your Family, Organization or other organization (“Registration Data”); (b) represent and warrant that all Registration Data is true, current, and complete; and (c) agree to maintain and promptly update the Registration Data to keep it true, current, and complete. Your failure to maintain accurate, complete, and up-to-date Registration Data, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Go Kings’ termination of this Agreement.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone outside your family, and you agree to notify Go Kings immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or any false or inaccurate information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time, unless otherwise permitted by Go Kings in writing. You agree not to create an Account or use the Services if you have been previously removed by Go Kings, or if you have been previously banned from any of the Services.
By accessing or using the Services in any way, you are representing that you have the authority and permission to enter into the Terms on your own behalf and to use the Services as contemplated hereunder, including without limitation any consent necessary to use the Services in connection with any Family.
If you are using or accessing the Services on behalf of an Organization, in addition to being an eligible individual user (as set forth above), you must also have the authority and permission to enter into the Terms on behalf of the Organization and to use the Services on such Organization’s behalf as contemplated hereunder, including without limitation any consent necessary to use the Services in connection with any particular families. In such cases, the term “you” as used herein shall also refer to such Organization. Your Organization shall also be responsible for any activities, including any violation of the Terms, that occur under your Account and any Accounts created using your Account.
You may not assign or otherwise transfer your Account to any other person or entity. As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Terms or by applicable law. Do not post, or permit others to post, Content on the Services or on your profile that (a) encourages illegal activities, is fraudulent or tortuous or is unlawful; (b) insults, defames, harasses or threatens others; (c) violates the copyright or intellectual property or privacy rights of others; (d) contains obscene material; (e) harms or impersonates others; or (f) advertises or sells a product or service. Do not attempt or engage in any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing” or “crashing” the Services.
Except with respect to Family Data, which shall be governed by the license set forth in Section 6 of these Terms, by submitting, providing, uploading, posting, e-mailing, transmitting or otherwise making available (“Make Available”) any Content to Go Kings, including on or through the Services (such Content, your “User Content”), you grant to Go Kings a limited, nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute and display such User Content in connection with providing the Services.
You acknowledge that you, and not Go Kings, are entirely responsible for all User Content you Make Available through the Services, and that other Users of the Services, and not Go Kings, are similarly responsible for all User Content they Make Available through the Services. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services. You agree that Go Kings will not be responsible for any liabilities incurred as the result of such interaction. You use all User Content and interact with other Users at your own risk.
You acknowledge that Go Kings has no obligation to review, monitor or pre-screen Content on the Services, although Go Kings reserves the right in its sole discretion to review, monitor, pre-screen, refuse, modify, or remove any Content (a) that violates any law or regulation; (b) that violates these Terms; (c) that otherwise creates or may create liability for Go Kings; or (d) for any other reason Go Kings determines in its sole discretion. Except as expressly set forth in these Terms, Go Kings does not approve, endorse or make any representations or warranties with respect to User Content or Family Data.
Although Go Kings takes security very seriously and works very hard on behalf of Family and Organization privacy, including by using various industry standard measures to protect Content on the Services, no method of transmission or electronic storage on the internet is 100% secure. Therefore, Go Kings cannot guarantee the security of any User Content. Except as expressly set forth herein or otherwise agreed to by Go Kings in writing, (a) Go Kings has no obligation to store any User Content and (b) Go Kings has no responsibility or liability for (i) the deletion or accuracy of any Content, including User Content, (ii) the failure to store, transmit or receive transmission of Content, including User Content, or (iii) the security, privacy, storage or transmission of other communications originating with or involving use of the Services.
“Family Data” includes all data that personally identifies individuals, such as names, addresses, phone numbers, usernames, and passwords, or any other non-public information about a Family, but does not include De-Identified Data (as defined below). Go Kings will only collect and use Family Data as necessary to fulfill its duties and provide and improve the Services.
Administrators using Go Kings are solely responsible for ensuring that you and your Organization are compliant with all applicable laws and regulations related to your disclosure of Family Data and other Family information (“Family Records”) to Go Kings in connection with the Services. Without limiting the generality of the foregoing, for all Family Records disclosed to Go Kings, you represent and warrant, to the extent required by applicable law, that your Organization has (a) notified such Families’ of your use of third party services, including Go Kings, and the potential disclosure of Family Records in connection with such use and (b) obtained the appropriate consent(s) from Parents.
By making available any Family Data to Go Kings, including on or through the Services, you grant to Go Kings a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute and display Family Data solely for the purposes of (a) providing the Services and (b) creating, using, and disclosing De-Identified Data about Families for product development, research, or other purposes.
Go Kings will store and process all Family Data in accordance with industry standard practices. This includes appropriate administrative, physical and technical safeguards to secure Family Data from unauthorized access, disclosure and use. Go Kings shall conduct periodic risk assessments and use commercially reasonable efforts to remediate identified security vulnerabilities. Go Kings will promptly notify the relevant Organization in the event of a security or privacy incident or breach of personal information involving such Organization’s Users.
Go Kings will not (a) sell or trade Family Data; (b) use any Family Data to advertise or market to Families; or (c) use Family Data except as expressly stated herein.
Go Kings will make Family Data available upon a verified request by the Organization or Administrator who provided such Family Data or who would otherwise have verified authority to receive such Family Data.
Go Kings does not scan Family Data for the purpose of marketing to Families (also known as “Data Mining”).
When Family Data is no longer needed for the provision of the Services and the user has deleted all of his or her Accounts, at the request of the Organization or Family, as applicable, Go Kings will destroy all Family Data in its possession, and in the possession of any subcontractors or agents to which Go Kings transferred Family Data, or transfer such Family Data to the requesting Organization, if legally.
Go Kings may rely on one or more subcontractors to perform the Services. Upon request, Go Kings agrees to share with you the names of subcontractors that have direct access to Family Data Made Available by you. All subcontractors and successor entities of Go Kings will be subject to the protections for Family Data set forth in these Terms.
All intellectual property rights in Family Data not granted herein shall remain the exclusive property of the Organization or Family, as applicable.
You may place orders for the Premium Features by following the directions on the Website, App, or Go Kings Connect or otherwise contacting Go Kings. The Premium Features are subject to the restrictions set forth on the applicable order page. Go Kings may change the pricing for the Services, including Premium Features, (from time to time in its sole discretion) by updating the Website, App, or Go Kings Connect, as applicable, and without any additional notice to you, provided that any changes will not take effect until your subscription renews.
If you order Premium Features, you agree to pay the then-current applicable fee listed on the App.
You can cancel your subscription at any time, but you must cancel your subscription before it renews for a subsequent period in order to avoid being charged for the next period’s subscription fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current subscription period. If Apple is your subscription provider, you will need to cancel your subscription through Apple. If Google Play is your subscription provider, you will need to cancel your subscription through Google Play.
Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are cancelled mid-period. In such circumstances, you will continue to have access to your subscription until the end of the then-current billing cycle. If, within three (3) days of subscribing for a Go Kings Pro account, you find that you are unable to access the app, and no efforts on the part of Go Kings are able to remedy this situation, a refund will be considered. Please note that each circumstance is unique and election to make such an offer in one instance does not create obligation to do so in another.
Except with respect to your User Content, you agree that Go Kings and its licensors and suppliers own all rights, title and interest in the Services. Go Kings’ name and other related logos, service marks and trade names used on or in connection with the Services are the trademarks and intellectual property of Go Kings and may not be used without Go Kings’ permission. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
Except with respect to your User Content and Family Data, you agree that you have no right or title in or to any Content that appears on or in the Services. Go Kings does not claim ownership of your User Content or Family Data. When you as a User post or publish your User Content on or in the Services, you represent that you have the authority to grant the aforementioned license to Go Kings.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Go Kings through its suggestion or similar pages (“Feedback”) is done on a non-confidential basis and that Go Kings has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Go Kings a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, all Feedback, and to sublicense the foregoing rights.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Go Kings does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You agree to indemnify, defend, and hold Go Kings, its affiliates, and its and their officers, directors, shareholders, employees, agents, representatives, and licensors (collectively “Go Kings Parties”) harmless from any losses, costs, liabilities and expenses relating to or arising out of: (a) your User Content or any Family Data Made Available by you; (b) your use of, or inability to use, the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. Go Kings reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Go Kings in asserting any available defenses. You agree that the provisions in this section will survive termination of the Terms.
You expressly agree that to the extent permitted by applicable law, your use of the services is at your sole risk, and the services are provided on an “as is” and “as available” basis, with all faults. Go kings parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. Go kings parties make no warranty, representation or condition that: (a) the services will meet your requirements; (b) your use of the services will be uninterrupted, timely, suitable, secure or error-free; (c) the results that may be obtained from use of the services will be accurate or reliable; or (d) any errors in the services will be corrected. Go kings does not guarantee the quality, suitability, safety or ability of other users/drivers. Any content downloaded from or otherwise accessed through the services is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, or any other loss that results from accessing such content.
You understand and agree that in no event shall go kings parties be liable for any indirect, incidental, special, exemplary or consequential damages arising out of or in connection with the services; any damages resulting from loss of use, data or profits, whether or not go kings has been advised of the possibility of such damages or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms.
The Terms commence on the date when you accept them and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Terms. If you have materially breached any provision of the Terms, or if Go Kings is required to do so by law, Go Kings has the right to immediately suspend any Services and licenses provided to you under this Agreement. Following Suspension, Go Kings and your Organization, as applicable, will work together in good faith to determine whether to reinstate your access to (and any associated licenses to) the Services or permanently terminate your Services. Notwithstanding the foregoing, Go Kings may terminate your Account immediately in its sole discretion in the event that you violate any restriction of these Terms after Go Kings makes reasonable efforts to provide you with notice of a previous violation. You agree that Go Kings shall not be liable to you or any third party for any Suspension or termination of your Account made in accordance with the Terms. Termination of any Services includes removal of access to such Services and barring of further use of the Service. Termination of all Services also may include deletion of your password and your User Content and, if applicable, Family Data. Upon termination of any Service, your right to use such Services will automatically terminate immediately. Go Kings will not have any liability whatsoever to you for any Suspension or termination, including for deletion of your User Content and, if applicable, Family Data, and you shall not be entitled to any refund. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification, warranty disclaimers, and limitation of liability.
Where Go Kings requires that you provide an e-mail address, you are responsible for providing Go Kings with your most current e-mail address. In the event that the last e-mail address you provided to Go Kings is not valid, or for any reason is not capable of delivering to you any notices required permitted by the Terms, Go Kings’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Go Kings may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Go Kings’ prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. Go Kings may assign this Agreement without your consent. Go Kings shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Unless you have entered into a separate Organization license, the Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.