Policies & Regulations
This Kidmoto Terms and Conditions Page governs the user’s access to our services, applications, contents and other relevant materials under the property of Kidmoto, regardless whether within or outside the state. This Terms and Conditions section is intended to protect the interests of Kidmoto, Third Party Providers and Kidmoto user, as long as the services are concerned. PLEASE TAKE TIME TO READ THESE TERMS AND CONDITIONS CAREFULLY before you use or access any of our services.
Every service and right stated and reserved hereby in our Kidmoto Terms is solely under Kidmoto property. There are no certain terms and conditions of services that give anyone the ownership right. Kidmoto claims ownership in anything related to the service, though with a number of exceptions including the limited license as granted above, the rights to use logos, names, trademarks, and services of those of Kidmoto’s licensors.
As a user, you can access and use our services or apps under these terms of agreement, set in order to establish a contractual relationship between you and Kidmoto. This means that you may not be able to use our services if you do not abide with Kidmoto Terms and Conditions. This section has been created in order to cover prior arrangements with our users, thus avoiding any internal conflicts regarding any use or reliance of any service offered by Kidmoto.
Please note that Kidmoto reserves the right to terminate these Terms and Conditions, or deny you from accessing our services whenever we see it reasonable, of course in accordance with the terms. There are supplemental terms that may be applicable to certain Kidmoto services, such as terms and conditions for any activity, terms for a certain event, or promotion. Any supplement term that is included in our Terms and Conditions page is deemed a part of applicable services.
Users don’t have the right to assign these Terms and Conditions, unless permitted by Kidmoto. On the other hand, Kidmoto reserves the right to assign these Terms and Conditions even without your consent to certain individual or groups such as an affiliate or subsidiary, an acquirer of Kidmoto’s equity or any successor by merger. Any unsupported version of this is considered to be invalid. Also, you acknowledge that there is no any employment, partnership, joint venture, or any form of agency relationship that exists between you and Kidmoto, or with a third party provider, which arises from the use of Kidmoto services. In the event that any provision of these terms and conditions is void, the provision shall be denied and the rest of the provisions shall be subject to the maximum extent under applicable law. Kidmoto’s failure to enforce any provision and rights in these Terms and Conditions shall not lead to a waiver of such provision or right, unless it has been fully coordinated with, acknowledged and warranted by Kidmoto in a written agreement.
You acknowledge that Kidmoto offers transport services for kids, alongside other safety goods such as car seats. At Kidmoto, we use a kid safety transport smartphone app or Kidmoto website as part of our services. We use our site to handle applications, making arrangements with customers and scheduling rides, along with third party services, if there’s any. Please be aware that the Kidmoto services are made accessible for your personal or noncommercial use, unless we have had a pre-set agreement with you. In this Terms and Conditions page, you hereby acknowledge that Kidmoto provides transport services and car seat products.
To give you an access to our services, you will be bound by these Terms and Conditions. With that being said, Kidmoto provides you non-exclusive, non-transferable and revocable license. This license is a must in order for you to gain an access to Kidmoto app using your smartphone devices, so long as the services are concerned. Furthermore, it will also give you an access to use any material, including but not limited to content and information available on our website.
Kidmoto also sets restrictions for our users. For the mutual welfare of both users and Kidmoto, here’s a set of restrictions that users have to bear in mind and follow upon using our services. Every user of Kidmoto is restricted to remove any proprietary notices, trademark, copyright and other similar materials from any part of Kidmoto services. Similarly, you are not allowed to reproduce, change or prepare derivative materials upon license, lease, distribute, sell, transfer, resell, transform, publicly carry out, publicly display, broadcast or exploit any services by Kidmoto without any permission from us. We also restrict anyone to decompile, disassemble or reverse engineer unless you are permitted by the law. At any cost, you must not frame or portion any part of Kidmoto service. Furthermore, we do not allow you to publish or launch programs for any purposes such as surveying, scraping or indexing. Lastly, you are not allowed to access or change any aspect our services, alongside with all aspects that are related to Kidmoto.
PROVISION OF OUR SERVICES
By adhering with Kidmoto’s Terms and Conditions, you are also informed and we get acknowledgement from you that some parts of our services may be accessible under different request options as long as they are related to Kidmoto kid’s car safety transport. Conversely, you also acknowledge that services may have affiliates, subsidiaries, third party providers, transport permit holder and other related authorizations.
THIRD PARTY SERVICES AND CONTENT
Every Kidmoto user and customer must be aware that some of our services may be affiliated with third party service providers concerning the content, which includes advertising processes that are beyond the control of Kidmoto. Hence, you hereby acknowledge that services are bound to various terms and conditions, involving third party service providers and content. However, we make it clear to every user that we are into the practice of endorsing third party service providers, or marketing their content. Thus, Kidmoto will not be held liable to any services or products that are being offered by third party providers. When you are using Google or Apple when availing our services, they are considered to be third-party providers. These third party providers are not involved in Kidmoto’s contract thus we are not held responsible when it comes to their services or products. When you use our services using Apple or Android devices, Google’s and Android terms and conditions are applicable, not Kidmoto’s.
If you want to access and use Kidmoto service, you need to register and keep an active personal Kidmoto service account. Generally, we accept those who are at least 18 years old. Upon registering to our Kidmoto website, we will ask for some necessary information such as your name, mobile number, address and the form of payment you prefer, as long as we cover. We always encourage you to provide up to date, complete and accurate information in order to avoid any conflicts. In the event that you failed to submit accurate information, including false, expired or invalid payment method on the Kidmoto file, we can deny you an access to our services. Moreover, we also reserve the rights to terminate any agreement done beforehand with you. Please be fully informed that you are held liable for any activity that’s happening under your Kidmoto account, and you acknowledge and agree to keep the security and confidentiality of your account all the time. Your account at Kidmoto will remain to be for exclusive and personal use only.
Hence, you are not allowed to transfer or assign your account to anyone. You are required to abide with all applicable laws when accessing or availing our services, so you are restricted to use any of our service for lawful purposes, such as but not limited to transport of hazardous materials. You must not use our service for any derogatory activity that can cause inconvenience, property damage, annoyance or nuisance, regardless whatever party it is. At some point, we may require you to provide us a proof of your identity in order to use and access Kidmoto services. You also hereby acknowledge that we may deny you from using our services in case you refuse or you fail to provide us a proof of your identity. You further understand and agree that all information you provide upon registering at Kidmoto is safe and secured and will not be used by Kidmoto for any illegal and malicious purposes, otherwise violating which will be subject to applicable law.
Upon registering on our website and creating your Kidmoto account, you acknowledge that you may email you informational text messages, which are considered an inherent part of Kidmoto business operation whenever using our services. However, you have the option to opt-out from receiving messages from Kidmoto anytime of your own personal preference. All you have to do is to send us an email informing us that you want to opt-out. Bear in mind that upon opting out from receiving SMS from us, it could have an impact to your overall Kidmoto experience.
When it comes to promotional codes, Kidmoto reserves the right to come up with promotional codes linked to account credits, or other benefits or features that are in line with Kidmoto service. It may also be redeemed by Third Party Provider’s features, services and benefit, and are hereby bound to supplemental terms that Kidmoto has set up on a per promotional code basis. In this section, you agree that promo codes must only be used in a lawful way, only for its intended purpose and audience. It may not be sold, transported, duplicated or made accessible to the general public, regardless whether it has been published form or any other types of post, unless you are permitted by Kidmoto. Also, promo codes may be denied for any reason that violates the terms and conditions. You acknowledge that promotional codes are only used in accordance with the particular terms and agreement covering promotional codes. Promo codes are not valid for any cash and they may expire before you use them. Kidmoto reserves the right to deduct or withhold credit obtained from promotional codes. We can deny any codes that we find to be use in illegal, violation or fraudulent as per the Terms and Conditions for promotional codes.
Kidmoto has all the prerogative to allow you to use user provided content. With that, we may permit you to publish, upload, submit or make any content available to the general public through any services offered by Kidmoto. This includes any type of audio or visual information, including but not limited to feedback regarding our services, commentary, submission of entries whether for promotion or competition, and other types of user content. Keep in mind that any content that you have provided to us will be your property, at all means. Nevertheless, upon submitting user content to Kidmoto, you give us a worldwide, transferable, perpetual, royalty-free license and irrevocable license. This means you grant us the right to use, company, sublicense, change, come up with derivative works, publicly display, distribute, and otherwise exploit any materials in any way such that Kidmoto User content is set in all distribution channels and formats now known or will later be devised without any further consent from you, and without any required payment.
In this User Provided Content, you agree to out terms and condition. First, you acknowledge and warrant that you are either the exclusive owner of every user provided content or you reserve all the rights, consents and licenses to give Kidmoto the license to Any User content, as stated above. Second, you warrant that either the User content of your publishing, uploading, or submission, otherwise making accessible of such content or the Kidmoto use of these contents, as permitted, will not violate any intellectual property from third party providers, whenever applicable to the law. You also acknowledge that you must not submit any content that is violent, obscene, hateful, defamatory, libelous, unlawful, offensive, and pornographic or anything that is against the norm and against the applicable law. Kidmoto shall not be required to monitor, review or omit User Content, without asking for notice from you all the time.
NETWORK ACCESS AND DEVICES
As a user, you are liable in deriving the network access and any devices in order to avail and use any services offered by Kidmoto. Please be aware that your messaging fee and or network’s data may be applicable especially if you use a wireless device in accessing or using our service. Having said that, Kidmoto would not assume the responsibility of customizing or updating any software or device just to make our services accessible to you. You hereby acknowledge that there is no one hundred percent assurance that all the services that are offered by Kidmoto will work on any types of network access, device or network that you have out there. Conversely, you also acknowledge that any portion may be subject to delays or any types of malfunctions, respective of external factors such as the use of network access and/or electronic communications.
In this Terms and Conditions for Payment, you clearly acknowledge that you would only be able to use our service when you pay for the products and goods from Kidmoto or involved Third Party provider. We will request for the payment after you have already received the goods and services from Kidmoto. Please take note that the payment of the charges shall be the same with the payment directly to the involved Third Party provider. You understand that the charges will also cover the applicable taxes in accordance to the law. Any payment made by you is considered to be final and not possible for a refund, unless figured out by Kidmoto. As a user, you reserve the right to request for lower charges that you are about to receive from Third Party Provider.
Please also acknowledge that all Kidmoto charges are immediately due and Kidmoto will be tackling the payment through a certain mode of payment, as you have assigned upon your registration to our site. You also retain the right to receive receipts from all the goods and services that you have purchased. In the event where your primary account payment has already expired, or found to be invalid, you warrant that Kidmoto, as well as the collection agent from the Third Party provider, is allowed to use a secondary account from your end, whenever applicable.
Kidmoto retains the right to set up, remove or change charges for any of the goods and services that you can obtain from the use of our service. Moreover, you also comply with the agreement that charge increase may sometimes increase depending on geographical location as well as the demand for the service. Please take note that Kidmoto is committed to using reasonable efforts in order to inform you about the charges, including changes. Likewise, we also have the exclusive rights to provide promotional discounts and offers obtained from using our services, unless such promos have also been made available from your end. However, keep in mind that any promotional codes won’t have any bearing on your use of Kidmoto services or the charges that you need to settle.
Your payment will serve as a compensation for the goods and services that you have used and benefited you and/or your kids. Since gratuity is considered to be voluntary, keep in mind that it’s not a must from your end. After receiving goods or services through Kidmoto service, you also have the option to rate your Kidmoto experience and leave a commentary or feedback about the overall customer service you have received.
CLEANING OR REPAIR FEES
When it comes to cleaning or repairing any damage of Third Party Provider’s seats, vehicles and other properties that are subject to your account in excessive normal “wear and tear” damages, and all other necessarily cleaning, you will be the one to assume the responsibility. In the event where a Third Party reports the necessity of repair or cleaning, and if the request has been checked and further verified by Kidmoto after a standard assessment, Kidmoto retains the right to monitor payment for any applicable cost on behalf of the Third Party Provider under your account. Your payment for such Repair and Cleaning will be transferred by Kidmoto to the Third Party Provider, and do take note that such payments are final and non-refundable. Customers may choose to take ownership when it comes to the car seat, and you agree to pay for the replacement cost less 20%.
DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY
The Kidmoto Services are provided “as is” and “as available.” Kidmoto hereby disclaims all warranties and presentations, implied, express, or statutory, not expressly included in these terms, including fitness for a certain purpose and non-infringement and implied warranties of merchantability. Apart from that, Kidmoto does not represent warranty or presentation and similarly does not represent guarantee regarding the timeliness, quality, suitability, availability and reliability of the goods and services that you request through the use of Kidmoto services. Kidmoto does not also make representation that the services are error-free, and we do not warrant the guarantee of suitability, quality, and safety of Third Party Providers. You thereby acknowledge that the entire risk associated with the use of our services, alongside any service or good requested will remain to be exclusively with you, to the highest extent as covered by the applicable law.
LIMITATION OF LIABILITY
Kidmoto will not be held liable for any incidental, indirect, exemplary, special or potential damage regarding your use of our services. Such acts which can lead to personal injury, loss of data, property damage or lost profits, or any related consequences from the use of our services are therefore beyond our liability. In the event that Kidmoto has been notified regarding the possibility of such events, Kidmoto will still not be held liable. Under our limitation of liability policies, you agree to our terms and agreements. First, Kidmoto shall not be held liable for any potential loss that has been a result of your use of our services, and inability issues to access to use Kidmoto service. Second, Kidmoto has no liability regarding any relationship or transaction between users and a third party provider, regardless whether or not Kidmoto has been advised for the likelihood of such damages. Third, Kidmoto does not have the liability for any possible delay or failure in the performance of our services which are caused by external factors that are already beyond control by Kidmoto. Furthermore, you can use the services offered by Kidmoto in requesting scheduling transport, logistic services or goods with third party providers, but you acknowledge that Kidmoto has no liability to you as a user especially with anything that is related to goods, logistics services, or transport. Please take note that the disclaimer and limitations set forth in this section does not mean to limit liability or make some alterations to your rights that is covered by the applicable law.
Upon accepting our terms and conditions for Indemnity, you understand and warrant to hold and indemnify Kidmoto, along with its directors, officers, agents and staffs harmless from any potential losses, demands, liabilities, expenses and losses in connection with the following: your reliance on the goods and services you obtained through Kidmoto services, your violation of any of these terms and conditions, Kidmoto’s use of user provided content, and your breach of the rights of third party.
All possible claims, disputes or controversies which may appear/arise associated with this agreement along with interpretation, termination, enforcement, validity or usage of service must be settled through the binding arbitration agreed between you and Kidmoto, unless each of these parties decides to take this into small court and practice your right towards injunctive and any other related relief from the court of the involved jurisdiction. This is mainly to avoid violation, threatened or actual infringement or even misappropriation of the copyright, trade secrets, patent or any potential intellectual property laws of the party. Moreover, arbitrators do have the right not to consolidate those who have more than one claim or even preside no matter what type of form of either representative or class proceedings except if you and Kidmoto have agreement in writing. With these, you fully accept and agree that you both (you and the Kidmoto) waive on the right through participation or through jury as a mere plaintiff or class on either representative proceeding or purported class action. On the other hand, if such paragraph is claimed as impossible to enforce, then this whole section (Dispute Resolution) is considered void unless it is given on the next sentence, Dispute Resolution can beat off whatever termination of the mentioned terms.
ARBITRATION RULES AND GOVERNING LAW
American Arbitration Association, simply known as AAA, will administer the arbitration as per Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. This is the effect of the AAA rules except for the modification made by this sole Dispute Resolution section. You can view AAA Rules at the www.adr.org/arb_med. You can also call AAA at 1-800-778-7879. This section is being managed by the Federal Arbitration Act specifically the enforcement and interpretation.
To initiate an arbitration, the party involved must offer the other involved party for the Arbitration through written demand according on the AAA. Demand for Arbitration form will be provided by AAA at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and another form for California citizens right at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822. Arbitrators could be a licensed attorney or a retired judge who will practice their profession on New York State and will further be chosen by the respected consumer dispute arbitrators in AAA. When the parties don’t fully agree within a week upon the delivery of the Demand for Arbitration, AAA has the right to appoint an arbitrator as per AAA rules.
ARBITRATION LOCATION AND PROCEDURE
Basically, arbitration is being performed in New York except if both of the parties settle. However, when your claim doesn’t reach more than $10,000, this arbitration will be done on documents basis exclusively as well as Kidmoto will submit into the arbitrator. This will not happen if you request specifically a hearing or if the arbitrator identifies which needs a hearing. If it does reach more than $10,000, you all have the right to have a hearing, which is defined by the AAA rules. According to the AAA rules, arbitrator should be the one responsible for the discretion in handling reasonable information from both parties which must be consistent enough in following expedited arbitration nature.
As per AAA rules, arbitrator should render an award set within a specific time frame. The decision of the arbitrator should have important evidence as well as conclusion since this is where the arbitrator will base his judgment. Such judgment could be done on any chosen court which has the right jurisdiction. It is truly important that the award damage of the arbitrator be flawless along the terms of “Limitation of Liability” section right above it. This must go along with the amounts and types of damages which the involved party may be entitled to. In addition to this, arbitrator could simply award injunctive or declaratory relief particularly for the claimant, if and only if needed in order to give relief warranted through the individual claim of the claimant. Therefore, if you decided to win out the arbitration you have the chance to have of the expenses and fees of the attorney as what the law implies. Kidmoto will find a way to reimburse the attorney’s expenses and fees once they succeed in arbitration.
Likewise, your responsibility in paying any administrative, AAA filing as well as arbitrator fees will be exclusively set based on the AAA rules.
Nevertheless, provisions on any related modification mentioned above, as soon as Kidmoto decided to amend the Dispute Resolution sector right after the date you agreed on these terms or even give you positive consent on the changes on these Terms, you have all the rights to reject whatever amendments through ensuring a written notice to Kidmoto stating that you are rejecting. This can be either through hand or mail delivery down to Kidmoto NY, LLC. You may also email them through your email address not exceeding of 30 days from the effectivity of the change which is indicated on the “Last Update” date located above. For it to be effective, such notice should have your legal full name as well as indicate your intention on rejecting changes on the Dispute Resolution section without a doubt. Through rejecting such amendments, you are also accepting the fact that you are going to settle no matter what dispute right between you and the company as per the provision of the said section right on the date of your acceptance of the Terms.
CHOICE OF LAW
Beware that these terms are being managed as well as created based on the New York State laws in USA without being a hindrance or causing any conflict on law principles.
CLAIMS OF COPYRIGHT INFRINGEMENT
In case there’s any claim of copyright infringement, please email Kidmoto.
Please be notified that Kidmoto can provide notice through general notice in regards with the services, email to your personal email address or even through written notice. Expect that this could be either a pre-paid post or first class mail into your email address from your account. This notice will be given only 48 hours right after posting or mailing when being sent through pre-paid post or first class mail. If it this being sent through email, 12 hours will be enough. You can provide notice to the company, along with the notice provided as soon as received through Kidmoto anytime.