The Marketplace Platform & Services
KABOU TECHNOLOGIES INC. runs a digital marketplace platform that is offered in a number of forms, including mobile and/or web-based applications (“Applications”). Among other things, the KABOU TECHNOLOGIES INC. Marketplace Platform permits you to receive: (i) services condensed by KABOU TECHNOLOGIES INC. that simplify your connection to independent third-party providers, including drivers and restaurants (“Third Party Providers”), for the purchase of services or goods, such as transportation, logistics and/or delivery services from those Third-Party Providers; and (ii) any associated content or services, including payment processing and customer support.
The KABOU TECHNOLOGIES INC. Marketplace Platform and the KABOU TECHNOLOGIES INC. content or services defined in this Section are collectively referred to as “the Services”. Unless else agreed by KABOU TECHNOLOGIES INC. in a separate written agreement with you, the Services are made available exclusively for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES FROM THIRD PARTY PROVIDERS THROUGH THE USE OF THE KABOU TECHNOLOGIES INC. MARKETPLACE PLATFORM AND SERVICES DOES NOT START KABOU TECHNOLOGIES INC. AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION OR PROPERTY CARRIER. KABOU TECHNOLOGIES INC. IS NOT A COMMON OR MOTOR CARRIER, DOES NOT TRANSPORT YOU, AND USE OF THE KABOU TECHNOLOGIES INC. MARKETPLACE PLATFORM IS ONLY OPEN TO REGISTERED USERS OF THE KABOU TECHNOLOGIES INC. MARKETPLACE PLATFORM AND NOT TO THE GENERAL PUBLIC.
YOU ACCEPT THAT INDEPENDENT THIRD-PARTY PROVIDERS, INCLUDING DRIVERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, APPARENT AGENTS, OR EMPLOYEES OF KABOU TECHNOLOGIES INC. IN ANY WAY.
YOU ALSO ACCEPT THAT ANY SAFETY RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY KABOU TECHNOLOGIES INC.IN THE INTEREST OF PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT), IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY RELATIONSHIP WITH AN INDEPENDENT THIRD-PARTY DRIVER.
Subject to your compliance with these Terms, KABOU TECHNOLOGIES INC. grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device exclusively in connection with your use of the Services; and (ii) access and use any content, information and related resources that may be made available through the Services, in each case exclusively for your personal, noncommercial use. Any rights not expressly granted herein are reserved by KABOU TECHNOLOGIES INC. and KABOU TECHNOLOGIES INC.,'s licensors.
You may not: (i) remove any copyright, trademark or other trademarked notices from any portion of the Services; (ii) replicate, modify, prepare copied works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as specifically allowed by KABOU TECHNOLOGIES INC. (iii) decompile, undo the Services except as may be allowed by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of disproportionately troubling or hindering the operation and/or functionality of any aspect of the Services; or (vi) try to gain unlawful access to or damage any aspect of the Services or its related systems or networks.
Third Party Services and Content.
You accept and agree that the accessibility of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You accept and agree that this Agreement is between you and KABOU TECHNOLOGIES INC. and not with the App Store and that KABOU TECHNOLOGIES INC.is accountable for the provision of Services as described in this Agreement. However, if you downloaded the Application from the Apple App Store, Apple and its affiliates are third-party beneficiaries of this Agreement.
Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to implement this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for determinations of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
The Services and all rights therein are and shall continue KABOU TECHNOLOGIES INC.'s property or the property of KABOU TECHNOLOGIES INC.'s licensors. Neither these Terms nor your use of the Services carry or grant to you any rights in or associated to the Services except for the limited license granted above.
You agree that you will not use KABOU TECHNOLOGIES INC.’s trademarks, service marks, or any similar names, marks, separately from use incidental to your use of the Services, without express, written permission from KABOU TECHNOLOGIES INC. This exclusion on using KABOU TECHNOLOGIES INC.’s Marks contains, but is not limited to, use in domain names, websites, and social media accounts.
Text Messaging and Telephone Calls.
You agree that KABOU TECHNOLOGIES INC. Technologies and its affiliates, representatives, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with an KABOU TECHNOLOGIES INC. account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving text messages from KABOU TECHNOLOGIES INC. at any time, either by replying “STOP”, texting the word "STOP" using the mobile device that is receiving the messages, or by contacting http://www.kabou.us
You agree that KABOU TECHNOLOGIES INC. may contact you using any of the phone numbers you provided in connection with an KABOU TECHNOLOGIES INC. account (including via text or voice-recorded message) or your email address in the case of assumed fraud or illegal activity.
You recognize that use of the Services may result in charges to you for the services or goods you receive ("Charges"). KABOU TECHNOLOGIES INC. will permit your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include appropriate taxes where required by law. Charges may include other applicable fees, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges. Further, you recognize and agree that Charges applicable in certain geographical areas may increase considerably during times of high demand or due to other marketplace factors.
All Charges and payments will be permitted by KABOU TECHNOLOGIES INC. using the preferred payment method chosen in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that KABOU TECHNOLOGIES INC. may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise decided by KABOU TECHNOLOGIES INC.
As between you and KABOU TECHNOLOGIES INC. reserves the right to establish or correct Charges for any or all services or goods obtained through the use of the Services at any time. KABOU TECHNOLOGIES INC. will use practical efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained using the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no effect on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may choose to cancel your request for Services at any time prior to the beginning of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider’s behalf.
With respect to Third Party Providers, Charges you acquire will be owed directly to Third Party Providers, and KABOU TECHNOLOGIES INC. will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. In such cases, you keep the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third-Party Provider.
KABOU TECHNOLOGIES INC. will consider in good faith any request from a Third-Party Provider to adjust the Charges for a particular service or good. This payment structure is projected to fully reimburse a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so.
There also may be certain Charges you acquire that will be owed and paid directly to KABOU TECHNOLOGIES INC. or its affiliates. For the avoidance of doubt, KABOU TECHNOLOGIES INC. does not charge a fee for a user to access the KABOU TECHNOLOGIES INC. Platform but keeps the right to charge users a fee or any other Charge for accessing Services made available through the Platform. Even if not indicated on the KABOU TECHNOLOGIES INC. Platform, you understand that the prices for product or menu items displayed through the Services may differ from the prices offered or published by Third Party Providers for the same product or menu items and/or from prices available at other third-party websites/mobile applications.
If you think a correction should be made to any Charge you acquired, you must let KABOU TECHNOLOGIES INC. know in writing within 30 days after the Charge took place or KABOU TECHNOLOGIES INC. will have no further responsibility and you waive your right to later dispute the amounts charged.