Temporary Locks and/ or Permanent Deactivation

Kaebox may temporarily lock and/or permanently deactivate your Kaebox account and access to the Platform and eliminate your ability to offer to perform Delivery Services, without limitation on any other of its remedies at law or in equity if:

• These Terms or the Terms of any Driver or Customer Agreement to which you are subject or any of Kaebox other terms or policies governing a User’s use of the Platform are breached, are suspected of breaching, or are alleged to have breached;

• Kaebox is unable to verify or authenticate any information you have provided;

• Kaebox has reason to believe that your actions or inactions may have caused financial loss or legal liability for yourself, our Users or Kaebox, its affiliates, or third-party providers;

• Kaebox has reason to believe that you may have engaged in fraudulent, illegal, or harmful activity in connection with your use or access of the Kaebox Platform or App, or in connection with your receiving or providing Delivery Services or, you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or

• Kaebox has knowledge of prohibited items in your Trip.

 

Other Reasons that Account is Locked or Deactivated 

Cancelations and No Shows: Kaebox may temporarily lock your account after your second Cancelation or No Show and may permanently deactivate your account upon your third Cancelation or No Show.

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Negative Ratings: Kaebox may temporarily lock or permanently deactivate a Driver’s account if the Driver’s overall rating falls below 4-stars.

Kaebox Protection Plan Claims: Kaebox may temporarily lock your account if your Trip is subject to a claim under the Kaebox Protection Plan during the investigation of such claim. If a User is found to be liable for the claim, Kaebox may permanently deactivate the account of a Driver or Customer. Additionally, Kaebox may permanently deactivate an account if a Driver or Customer has two (2) or more Trips that are the subject of claims under the Kaebox Protection Plan.

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Loss of Items: Kaebox will temporarily lock a Driver’s account if your Trip is subject to a claim of “shortages” or “missing items” during the investigation of such claim. If a User is found to be liable for the claim, Kaebox may permanently deactivate the User’s account. Additionally, Kaebox may permanently deactivate the account of a Driver if the Driver completes 2 or more Trips with “shortages” or “lost items”;

Inactive Accounts: Kaebox reserves the right to permanently deactivate any User’s account that has been “inactive” for 60 days or more. If a Driver has not offered on a Trip within the past 60 days, such Driver is deemed to be inactive.

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Reactivation of Temporarily Locked Accounts: Kaebox may reactivate any Driver or Customer account temporarily locked after an investigation by Kaebox at its sole discretion.

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Kaebox may temporarily or permanently deactivate a User’s account at its sole discretion, including but not limited to safety concerns or improper behavior.

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Process for Appeal

Kaebox may temporarily lock a User’s account while investigating any incident or action that could lead to Kaebox permanently deactivating the User’s account. The User’s account may be locked for such time as Kaebox, in its sole discretion, deems necessary to complete its investigation. Kaebox allows Drivers to appeal a Kaebox decision before any action to permanently deactivate their account.

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Please note however that decision based on violations of zero tolerance violations are not eligible for appeal. For example, there are no appeals for deactivation related to criminal activity while on the App, including fraud, theft, or reckless driving. Additionally, there are no appeals accepted for appeals related to harassment, racial slurs or profanity directed to any individual, or physical or sexual altercations. Notwithstanding, the majority of deactivation decisions will be eligible for appeal. Kaebox, on a case-by-case basis, has the ultimate determination of eligibility for an appeal.

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A Driver is allowed one (1) appeal and appeal decisions made by Kaebox are final and not subject to further appeal.

You will receive complete details of Kaebox’s appeal process when you receive notice of suspension or deactivation of your account. If you believe your deactivation is eligible for an appeal, please submit your appeal by following the instructions in your deactivation email.

If you have any questions about the appeals process please email us at appeals help@kaebox.com

 

Deactivated Accounts

In the event that your account is permanently deactivated, your account information will be deleted and you will be removed from the Kaebox Platform. Permanent deactivation will cause you to lose your username as well as other privileges, including but not limited to, badges or other earned items associated with your account. If your account was not deactivated for cause, you may open a new account on the Platform. It will be considered a material breach of the Terms if a User who has been deactivated for cause, opens a new account on the Platform and the new account will be deactivated without notice upon discovery. Kaebox is under no obligation to compensate any User for any losses as a result of a User’s deactivation.

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ALL KAEBOX ACTIONS TAKEN IN REGARD TO THE TEMPORARY LOCKING AND/OR PERMANENT DEACTIVATION OF YOUR ACCOUNT MAY BE AT KAEBOX’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY.

 

Billing and Payment

Kaebox is not and will not be a party to the agreements between Users for a Driver to perform Delivery Services using our Platform, including the Customer’s agreement to pay the Driver. Therefore, all users of our Platform are required to provide to the Kaebox Platform their credit card and/or bank account details and other information needed to vet the User and the Payment Service Provider retained by Kaebox (the “PSP”). By accepting the Terms, each User agrees that they have downloaded and/or printed, reviewed, and agreed to the PSP Agreement. Please note that Kaebox is not a party to the PSP Agreement and has no legal obligations or liability to any User under the PSP Agreement.

 

Payment Processing

Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the “Stripe Terms“). By using the Kaebox Platform to pay for Trips or receive payment proceeds, all Users agree to be bound by the Stripe Terms, which may be modified at any time and at their sole discretion. As a condition of Kaebox allowing payment processing services through Stripe, all Users authorize Kaebox to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by the Terms and your relationship with Kaebox. Furthermore, all Users agree to provide accurate and complete information about you and your business and authorize Kaebox to share it, along with transaction information, with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Kaebox reserves the right to change payment processing vendors and/or to use alternate/backup vendors at its sole discretion.

If you choose to upload funds using a payment method that may be subject to a right to claim funds back (a "Chargeback") such as (but not limited to) credit or debit card or direct debit, you agree that you will not exercise such Chargeback other than for unauthorized use of the payment method or for a breach by us of these Terms of Service which would result in you having a right to a refund of the uploaded amount. Otherwise, you may not Chargeback any transaction or allow Chargeback of any transaction for reasons for which we are not responsible including (but not limited to) disputes with Drivers for non-delivery of goods. We reserve the right to charge you fees and expenses we incur in connection with such Chargeback and any action undertaken to challenge the same. We may also charge you a Chargeback fee.

 

Express Pay

Drivers may elect to receive payments through Kaebox’s Express Pay feature (which Kaebox may offer to you in its sole discretion). If a Driver elects to use Express Pay, the Driver must acknowledge that a fee will be charged for use of the Express Pay service as disclosed by Kaebox prior to confirmation. You understand that (i) your financial institution may not support Express Pay, (ii) neither Kaebox nor Stripe make any guarantee concerning how quickly Express Pay payments will be reflected in your account, and (iii) not all payments through the Kaebox Platform are eligible for Express Pay. If a Driver elects to use any direct debit features made available by Kaebox or its third-party partners, the Driver must acknowledge that you may be subject to supplemental agreements related to those services.

 

Billing

Customers will be responsible for paying the invoice for each Trip contracted for (the “Invoice”), which will include (i) the pricing terms of the Trip provided by a Driver, (ii) reimbursement of tolls incurred by Driver in connection with the Trip if the Customer agreed to the reimbursement and provided the Driver submits the same in accordance with the below section “Reimbursement for Parking Fees and Tolls, (iii) any Cancellation, No-Show fee or wait for fees, as may be applicable to the Trip, and (iv) any other fee Kaebox may assess for use of its Platform (combined, the “Trip Payment”). Unless otherwise agreed by Kaebox, any fees that Kaebox may charge a User for their use of the Kaebox Platform (including receiving or performing any Delivery Services), are due immediately and are non-refundable. Please note the no refund policy shall apply at all times, regardless of your decision to terminate your usage, Kaebox’s determination to terminate your usage, disruption caused to our Platform, or the Delivery Services either planned, accidental or intentional, or any reason whatsoever. 

Kaebox reserves the right to determine final prevailing pricing and any pricing information published on the Kaebox Website may not reflect the current pricing.

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Users of our Platform will be liable for any taxes (including VAT, if applicable) required to be paid because of the User’s use of or access to the Kaebox Platform, or receiving or performing any Delivery Services, or on any Trip Payment received. 

 

Payment, Withholding, and Release

If a Driver accepts a Trip, the Driver is solely responsible for completing delivery of the Trip as agreed upon BEFORE being paid. After the Trip is completed, the Customer receives confirmation through the Platform that the Driver completed the Trip and the Customer may authorize a tip for the Driver.

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Kaebox, in its sole discretion, may place a hold on a Driver’s Trip Payment if the delivery of the Trip is not provided expressly pursuant to the Customer’s instructions set forth in the request for Delivery Services, and the Terms, and/or Kaebox determines it otherwise necessary or advisable to place a hold on such Trip Payment, including without limitation if Kaebox has any suspicion or reason to believe that a Driver or Customer has breached the Terms, including, without limitation by (1) a claim has been made under the Kaebox Protection Plan for loss, damage or theft of a package(s) picked up or delivered by a Driver, (2) sending or accepting items on the Prohibited Item list; (3) establishing an account with Kaebox or entering into a Trip with the purpose of defrauding Kaebox or any other party; (4) using a stolen credit card or any other false information to establish an account with Kaebox or payment for a Trip; or (5) otherwise engaging in any questionable or fraudulent activity in connection with the performance of a Trip or access and/or use of the Kaebox Platform.

Kaebox will release the Trip Payment to a Driver when Kaebox, in its sole discretion, determines the validity of the account and Trip.

KAEBOX WILL RELEASE THE CUSTOMER’S PAYMENT TO THE DRIVER WHEN THE TRIP IS COMPLETED BY THE DRIVER AS AGREED UPON.

Tolls are included in the Trip Payment.

 

Legal Disclaimers

You hereby grant Kaebox permission, the right, and authority to fully investigate and prosecute any and all violations of any of the terms (including, all documents and/or agreements referenced or incorporated herein) to the fullest extent of the law, including, disclosure of your personal information to law enforcement authorities in connection therewith.

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Notwithstanding the provisions set forth in the terms and without limiting Kaebox’s legal remedies, Kaebox may withhold trip payments, limit, lock, or deactivate user accounts, prohibit access to the Kaebox Platform, apps, websites, and their content (including your own), services and tools, delay or remove hosted content, and commence technical and legal remedies to prevent any User from accessing our platform, apps, websites or any portion thereof, if Kaebox has reason to believe that you are creating risks or liabilities, infringing on intellectual property rights of third parties, or acting inconsistently with the terms including but not limited, to all documents and/or agreements referenced or incorporated herein.

 

Disclaimer of Warranties & Limits on Kaebox Liability 

NEITHER KAEBOX NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT WHETHER ONLINE OR OFFLINE, OF ANY USER ON OUR PLATFORM AND KAEBOX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR RECEIVING OR PROVIDING DELIVERY SERVICES. BY USING THE KAEBOX PLATFORM YOU HEREBY RELEASE KAEBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, AND LICENSORS FROM ANY AND ALL LIABILITY RELATED TO ANY INAPPROPRIATE USE OF OUR PLATFORM, RECEIVING OR PROVIDING DELIVERY SERVICES, OR INAPPROPRIATE CONDUCT OR MISCONDUCT OF A USER.

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No Warranties, Express, or Implied: The Delivery Services, Platform, and App are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Kaebox to the maximum extent permitted by applicable law. Kaebox does not guarantee and does not promise any specific results from the use of the Platform and/or the Delivery Services, including the ability to provide or receive Delivery Services at any given location or time. 

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Kaebox makes no warranties or representations about the accuracy or completeness of any content provided through the KAEBOX Platform or App or the content of any websites linked to the KAEBOX Platform or App.

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Kaebox does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or App or any hyperlinked website or featured in any banner or other advertising and Kaebox will not be a party to, or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Without limiting the foregoing, neither Kaebox nor its affiliates or licensors warrant or guarantee:

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• that access to the Delivery Services, Platform or App will be uninterrupted, without error, secure, timely or operate on any device, or in combination with any other hardware, application, system, or data;

• as to the results that may be obtained from the use of the Delivery Services, Platform or App;

• that the Delivery Services, Platform or App, or the quality of any products, services, information or other material purchased or obtained by you through the Platform or the App, will meet your requirements or expectations;

• as to the timeliness, accuracy, or reliability, of any User;

• as to the timeliness, accuracy, or reliability of our Delivery Services, Platform or App, or any information or materials provided through or in connection with the use of the Delivery Services, Platform or App;

• as to the completeness or content of any Trip;

• that the Platform and App are free from viruses, worms, Trojan horses, or other harmful components, or free from errors or defects in the Delivery Services;

• Platform or App will be corrected; or

• that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

 

Limitations of Liability: YOU ACKNOWLEDGE AND AGREE THAT KAEBOX WILL PROVIDE THE PLATFORM ONLY IF YOU AGREE TO CERTAIN LIMITATIONS OF KAEBOX’S LIABILITY TO YOU AND/OR THIRD PARTIES. KAEBOX EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. USE OF THE KAEBOX PLATFORM, i.e. REQUESTING OR RECEIVING DELIVERY SERVICES, ARE AT A USER’S OWN RISK. KAEBOX DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE ABILITY, SUITABILITY, OR LEGALITY OF ANY USER TO PERFORM OR COMPLETE A TRIP AND YOU EXPRESSLY WAIVE AND RELEASE KAEBOX FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM, OR IN CONNECTION WITH A USER’S PERFORMANCE OF A TRIP. 

YOU ACKNOWLEDGE THAT USERS WHO ARE PROVIDING DELIVERY SERVICES REQUESTED, USING THE KAEBOX PLATFORM OR APP MAY NOT BE PROFESSIONALLY LICENSED AND MAY NOT CARRY THE REQUIRED INSURANCE. 

THE KAEBOX PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE TRANSPORTATION OF GOODS WITH THIRD-PARTY DRIVERS, BUT YOU AGREE THAT KAEBOX HAS NO RESPONSIBILITY OR LIABILITY TO USERS RELATED TO ANY SUCH TRANSPORTATION OTHER SERVICES PROVIDED TO YOU BY THIRD-PARTY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN IN THIS AGREEMENT. KAEBOX WILL NOT BE A PARTY TO ANY DISPUTES OR NEGOTIATIONS BETWEEN ANY USERS. YOU EXPRESSLY WAIVE AND RELEASE KAEBOX FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE KAEBOX PLATFORM, APP, OR RECEIVING OR PERFORMING DELIVERY SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER, OR THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM, APP OR DURING A TRIP, OR OTHERWISE.

IN NO EVENT WILL KAEBOX, ITS AFFILIATES, LICENSORS, PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DAMAGE, LAWSUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM, APP OR DELIVERY SERVICES, HOWEVER ARISING INCLUDING NEGLIGENCE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, SEXUAL HARASSMENT OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY KAEBOX OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION AND WHETHER OR SUCH CONDUCT, ACT OR OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR APP, OR DURING THE PERFORMANCE OF A TRIP.

UNDER NO CIRCUMSTANCES WILL KAEBOX, ITS AFFILIATES, LICENSORS, OR ANY SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM, APP OR DELIVERY SERVICES, OR ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A THIRD-PARTY DRIVER, THIRD-PARTY CUSTOMER, OR ANY OTHER THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE PLATFORM OR APP INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.

NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IF A DETERMINATION IS MADE THAT KAEBOX OR ITS AFFILIATES, LICENSORS, OR ANY SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU, OR TO YOU, ON THE KAEBOX PLATFORM DURING THE SIX MONTHS PRIOR TO THE TIME THE CLAIM AROSE.

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY PARALLEL LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR, AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Indemnity

You will defend, indemnify, and hold Kaebox including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Kaebox Platform and participation in the Delivery Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Customers, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Kaebox Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Delivery Services as a Driver; and/or (5) any other activities in connection with the Delivery Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

Intellectual Property

Ownership: KAEBOX owns all intellectual property rights in and to the Platform and the App, including but not limited to, database rights, copyright, design rights, trademarks, and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the KAEBOX Platform or App gives you no rights therein.

Contingent upon your compliance with the terms and conditions of the Terms, Kaebox hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Platform via the App on any authorized Android Device that you own or control and/or any iPhone/iPad that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Kaebox Platform or App on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Kaebox that replace and/or supplement the Kaebox Platform or App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Kaebox reserves the right to stop offering and/or supporting our Platform, App or our Users’ ability to receive or perform Delivery Services, or any particular portion or part of our Platform, App, or access to Delivery Services at any time, at which point your license to use the Platform or App or your access to the Delivery Services therefrom, or any part thereof, will be automatically deactivated. In such event, Kaebox shall not be required to provide refunds or other compensation to users in connection with such discontinued Platform, App, or access to Delivery Services.

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You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the App in any way; (ii) modify or make derivative works based upon the Platform or the App; (iii) create Internet “links” to the Platform, alternate access to Delivery Services, or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Platform or App to copy any ideas, features, functions or graphics of the Platform or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform or App, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Platform or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App; (vi) attempt to gain unauthorized access to the Kaebox Platform or App or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Kaebox Platform or App; or (vii) use the Kaebox Platform or App to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates 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.

Licenses Granted by Kaebox in Content: Subject to your compliance with the Terms, including without limitation Driver and Customer Agreements, Kaebox grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that Kaebox makes available through the Platform or App, including any Content licensed from a third party (“Kaebox Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform or App, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with Kaebox Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by Kaebox above.

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Kaebox Content may be used solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform, App, or Collective Content, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kaebox or its licensors, except for the licenses and rights expressly granted in the Terms.

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You agree that Kaebox has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. Kaebox reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Kaebox, at its sole discretion, considers being in violation of these Terms or otherwise harmful.

License Granted by User: Kaebox may in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Platform or App, you hereby grant to Kaebox a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Kaebox shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Kaebox claims no ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.

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You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform or App. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent, and release that are required to grant to Kaebox full rights in such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Kaebox’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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Copyright Policy: Kaebox respects copyright and trademark law and the intellectual property of others and expects its users to do the same. Kaebox will deactivate a User’s account that repeatedly infringes or Kaebox reasonably believes to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on our App or Website infringe upon your copyrights, please send the following information to Kaebox’s at help@kaebox.com.

• You must provide a detailed description and explanation of the copyrighted work that you claim has been allegedly infringed, including sufficient information to locate this information on our App or Website. 

• A complete description of the location where the original or an authorized copy of the copyrighted work exists; e. an Internet address where the work is posted.

• Your address, telephone number, and e-mail address;

• A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;

• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

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Third Parties

You may enter into correspondence 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 the Kaebox Website or App. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. Kaebox and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third party. Kaebox does not endorse any sites on the Internet that are linked through the Website or App, and in no event shall Kaebox or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. Kaebox provides the Website and App to you pursuant to these Terms and certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Kaebox has no responsibility or liability arising from any agreements between you and such third-party providers.

Kaebox may rely on third party advertising and marketing supplied through the Website or App and other mechanisms to subsidize the Website or App. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not wish to receive such advertising, you must notify Kaebox. Kaebox reserves the right to charge you a higher fee for access to the Platform should you choose not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Kaebox’s Website located at https://kaebox.com.

 

Notices

Kaebox may give Users general notice regarding the Platform, the Terms, Drivers, or Customer Agreements, via email to your email address on record in Kaebox’s account information, or by written communication sent by first-class mail or pre-paid postage to your address on file. Any legal or formal notices, requests, or other communications required or permitted to be given hereunder shall be in writing and shall be delivered by Unites States Postal Service registered or certified mail, return receipt requested, postage prepaid, and addressed to the appropriate party at its address set forth below.

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Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Kaebox (such notice shall be deemed given when received by Kaebox) at any time by email at help@kaebox.com and/or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Kaebox at 651 N. Broad Street, Suite 205 #3378, Middletown, Delaware 19709. Kaebox will give notice to drivers at the address provided on their account on the Kaebox Platform.

 

SMS Messaging

All Kaebox Users are automatically opted-in to receive SMS messages when signing up on our Platform. You must agree to receive SMS messages to use our Platform and receive or provide Delivery Services via the Platform. Please note that data rates may apply. If you change your mobile phone service provider all SMS messaging services from Kaebox may be deactivated. Kaebox reserves the right to cancel SMS messaging services at any time.

 

Assignment

You shall not assign your responsibilities, duties, and obligations (or any portion thereof) as set forth in the Terms, including the terms in any Driver or Customer Agreement, as applicable, to any party, without the prior written approval of Kaebox. Any purported assignment in violation of this prohibition shall be void.

 

Relationship between Kaebox, Drivers, and Customers

No joint venture, partnership, employment, or agency relationship exists between you, any other User, Kaebox, or any third-party provider as a result of a User entering into a Driver or Customer Agreement, their use of the Platform, or their requesting, providing, or receiving Delivery Services via the Platform. 

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If any provision of the Terms or Drivers or Customers Agreement is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of the Terms, and the remaining provisions shall be enforced to the fullest extent under law. The failure of Kaebox to enforce any right or provision in the Terms, any Driver or Customer Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by a Kaebox authorized agent in writing. Unless Kaebox has entered into a separate written agreement with a User addressing their access or use of the Kaebox Platform or App, the Terms, and all agreements and documents referenced herein, including without limitation, the Driver and Customer Agreements, encompass the entire agreement between Users and Kaebox and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and Kaebox regarding a User’s use of and access to the Kaebox Platform, Website, App and Delivery Services.

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If you have entered into another Agreement with Kaebox and/or any Kaebox affiliate you acknowledge that those documents also are part of our agreement regarding the use of the Kaebox Platform.

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If you have entered into a Dispute Resolution and/or Arbitration Agreement with Kaebox and/or any Kaebox affiliate, you acknowledge that those documents are also a part of our agreement regarding the use of the Kaebox Platform.

 

Dispute Resolution

Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, and you agree not to access or use the Services in any jurisdiction where all or any portion of the Services violate any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms of Services is at your own risk.

 

Choice of Law, Jurisdiction, and Venue

You agree that this agreement and your use of the Site will be governed by the laws of the state of Delaware. By using the Services, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Delaware in all disputes (i) arising out of, relating to, or concerning this agreement, the Website and/or your use of the Services; (ii) in which the Website, Services and/or this agreement is an issue or a material fact; or (iii) in which the Website or Services or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

 

Waiver of Rights

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.

 

Arbitration

Please read this section carefully because it affects rights that you might otherwise have. It provides for the resolution of most disputes through arbitration instead of court proceedings. 

Arbitration is different from the court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding, and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.

• You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Services. Any dispute or claim made by you against Kaebox or against any of Kaebox’s subsidiaries, the parent, or affiliated companies arising out of or related to your use of the Services, whether based on contract, statute, tort, fraud, misrepresentation, or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.

• You must first present any claim or dispute to Kaebox to allow Kaebox the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days of providing such notice. The arbitration of any dispute or claim shall be conducted with the rules of the American Arbitration Association. You and Kaebox agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Delaware and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a classwide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.

• Any arbitration shall be confidential, and neither you nor Kaebox may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.

• If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.

• Unless an applicable statute expressly permits awarding attorney's fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Kaebox. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing

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Drivers' Relationship with Kaebox

As a Driver on the Kaebox Platform, you acknowledge and agree that you and Kaebox are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Kaebox expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Kaebox; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Kaebox, and you undertake not to hold yourself out as an employee, agent or authorized representative of Kaebox.

Kaebox does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Delivery Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Kaebox Platform. Kaebox does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day, or any minimum number of hours for you to utilize the Kaebox Platform. You retain the option to accept or to decline or ignore a Customer’s request for Delivery Services via the Kaebox Platform, or to cancel an accepted request for Delivery Services via the Kaebox Platform, subject to Kaebox’s then-current cancellation policies. Kaebox does not, and shall not be deemed to, require you to accept any specific request for Delivery Services as a condition of maintaining access to the Kaebox Platform. You acknowledge and agree that you have complete discretion to provide Delivery Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Delivery Services to other companies, and that Kaebox does not, and shall not be deemed to, restrict you from engaging in any such activity.