Terms and Conditions

Effective Date: 07 September 2017

These Terms and Conditions (the “Agreement” or “Terms and Conditions”) set forth and govern the terms and conditions of Your access or use of the mobile applications, websites and other services (the “Karhoo Platform”) made available to You by Karhoo Europe (UK) Limited (“Karhoo”, “We”, “Us” or “Our”) and is a legally binding agreement between you (“You”, “Your” or “User”) and Karhoo.

Contingent on Your acceptance and compliance with these Terms and Conditions, Karhoo grants You a limited, non-transferable, non-exclusive, non-assignable and revocable licence to access and use the Karhoo Platform (the “Licence”).

By accessing or using the Karhoo Platform, creating an account thereon or otherwise indicating Your acceptance to these Terms and Conditions (whether or not prior to such access, use or registration) and Our Privacy Policy, You indicate that You understand this Agreement and accept and agree to be bound by its terms, in particular the limitations of liability set forth in Clause 12, and Our Privacy Policy.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, (I) YOU MAY NOT USE OR ACCESS THE KARHOO PLATFORM OR REGISTER FOR THE SERVICES PROVIDED ON THE KARHOO PLATFORM AND (II) KARHOO DOES NOT LICENSE THE KARHOO PLATFORM TO YOU.

The Karhoo Platform is not intended to be used by those under the age of majority in any jurisdiction; anyone using the Karhoo Platform who is under the age of majority in their jurisdiction is deemed to have the consent of their parent or legal guardian who will be legally bound by the terms of this Agreement (and the terms “You”, “Your” and “User” will be interpreted accordingly).

The collection and use of Your personal and other information in connection with the Karhoo Platform is as provided in Our Privacy Policy, which You can locate by clicking here: https://flit.tech/privacy-policy

1. Services Provided by Karhoo

1.1. The Karhoo Platform enables Users to compare, select from and/or reserve vehicular transportation (such Karhoo Platform functionality, the “Booking Services” and such User reservations, the “Bookings”) directly from and with a variety of participating transportation service providers (collectively, the “Suppliers”).  For the purposes of this Agreement, the Booking Services and the vehicular transport (the “Transportation Services”) shall collectively be defined as the “Services”.

2. Acknowledgements

2.1. This Agreement applies to any version of the Karhoo Platform that You access and use, including any updates or supplements to the Karhoo Platform.  Certain service(s) provided by the Karhoo Platform may require supplemental terms, in which case, such supplemental terms will be provided in connection with the applicable service(s) or in region-specific disclosures and shall apply in addition to these Terms and Conditions and deemed to be a part hereof with respect to such service(s) (except in the case of conflict between any provision of these Terms and Conditions and any provision of the supplemental terms, in which case the provision of the supplemental terms will take precedence with respect to such service(s) only).

2.2. This Agreement is between You and Karhoo and no third party providers of services and content shall have any obligations to You with respect of the Karhoo Platform.  However, Apple, Inc. and Google, Inc. (each an “Appstore Provider”) will be third-party beneficiaries to this Agreement if You access the Karhoo Platform using the Karhoo Platform developed for such Appstore Provider’s Device, respectively.  Upon Your acceptance of this Agreement, any such Appstore Provider shall have the right to enforce this Agreement against You.

2.3. Please read this Agreement carefully to understand Our terms and conditions.  In addition, We recommend that You review this Agreement periodically, because We may revise it at any time.  The “Effective Date” at the top of this page indicates when this Agreement was last updated.  Each amendment will be effective upon Our: (i) posting the amended Terms and Conditions on the Karhoo Platform or (ii) emailing or sending You a push notification of the change. Your continued use and access of the Karhoo Platform after the foregoing indicates Your consent to be bound by this Agreement (as amended).  In the event of a conflict, the latest of these updates shall be deemed the version in effect.  This Agreement may not be otherwise amended except in writing signed by You and Karhoo.

2.4. From time to time updates to the Karhoo Platform may be issued through the Appstore Provider. Depending on the update, You may not be able to use the Karhoo Platform until You have downloaded or streamed the latest version of the Karhoo Platform and accepted any new terms.

2.5. The Karhoo Platform may be used on any compatible Android or Apple iOS, or other internet enabled device permitted by Karhoo form time to time (the “Devices”). You represent and warrant that You either are the owner of the Device on which You use the Karhoo Platform or that You have obtained permission from the owner of any such Device prior to downloading, registering or using the Karhoo Platform on such Device.  You and such owners may be charged by Your and their service providers for internet access on any such Device relating to Your use of the Karhoo Platform and You accept responsibility in accordance with this Agreement for use of the Karhoo Platform on or in relation to any such Device.

2.6. You represent and warrant that You have read and understand the Privacy Policy.

3. Terms and Conditions of Suppliers

3.1. Karhoo does not accept Bookings or act as an agent of or on behalf of Suppliers but rather provides a platform to facilitate Bookings directly between You and Suppliers.  YOU HEREBY ACKNOWLEDGE THAT KARHOO DOES NOT PROVIDE TRANSPORTATION SERVICES OR OTHERWISE OPERATE AS A PROVIDER OF VEHICULAR TRANSPORTATION.  A Booking will give rise to a contract between You and the pertinent Supplier and You will also be subject to such Supplier’s terms and conditions (the “Supplier’s Terms”).  By Booking with such Supplier, You thereby agree to such Supplier’s Terms.  A summary of each Supplier’s Terms will be available on the Karhoo Platform and, to the extent in existence, any full-length version of such Supplier’s Terms will also be available on the Karhoo Platform at the time of Booking with such Supplier, and You are responsible for reading and understanding such Supplier’s Terms.  By Booking with such Supplier, You thereby agree to such Supplier’s Terms.

3.2. Confirming orders. Confirmation of a Booking, which includes the essential elements (such as the description of the Transportation Service(s) booked and a unique identification code for that Booking) will be sent to the You through the Karhoo Platform. If You do not receive a confirmation within 24 hours of placing the booking, You should contact Our Customer Service Department through Our support center support@karhoo.com. or by calling the number provided in the Supplier’s Terms.

3.3. The Supplier’s Terms. Supplier’s Terms contain important information about Your relationship with the Supplier (and Drivers), including matters related to additional charges, cancellation fees, insurance and other matters.  By placing a Booking you are accepting the Supplier’s Terms in respect of that Booking. Karhoo is not a party to any contract between You and any Supplier and shall have no responsibility or liability with respect to the provision of Transportation Services or for any acts or omissions by any such Supplier (including, for the avoidance of doubt, the drivers providing the Transportation Service on behalf of any such Supplier (collectively, the “Drivers”)), including but not limited to delays, non-performance, damage or loss to person or property or otherwise. We have no control over the quality or safety of the transportation that occurs as a result of a Booking made on the Karhoo Platform.  We cannot ensure that a Driver is who he or she claims to be or that a Supplier or Driver will actually complete an arranged Booking.

3.4. Any changes or cancellations to a Booking must be made in accordance with the Supplier’s Terms and the Supplier’s Terms shall govern in relation to any no-show by You and any refunds or reimbursements which may become due to You. Payments for the Transportation Services will be made through the Karhoo Platform but the price payable and any refunds will be set by the Supplier. In the event of a conflict between this Agreement and any Supplier’s Terms, this Agreement shall prevail.  For the avoidance of doubt, payment for Transportation Services made through the Karhoo Platform will be governed by this Agreement unless expressly stated otherwise.

3.5. KARHOO HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR OR IN CONNECTION WITH ANY TRANSPORTATION SERVICES PROVIDED TO ANY USER.  IT IS UP TO (I) THE PARTICULAR DRIVER OR VEHICLE OPERATOR TO DECIDE WHETHER OR NOT TO OFFER TRANSPORTATION SERVICES TO A USER THROUGH THE KARHOO PLATFORM AND (II) THE USER TO DECIDE WHETHER OR NOT TO ACCEPT SUCH TRANSPORTATION SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY SUCH RESPONSIBILITY OR LIABILITY SHALL BE THE SOLE AND EXCLUSIVE RESPONSIBILITY OR LIABILITY OF THE APPLICABLE DRIVER OR SUPPLIER.

4. Payments

4.1. Payment Authorization. Prior to Your completion of a Booking, Karhoo will seek authorization on Your authorized payment method of certain amounts related to the Services. This could be a nominal pre-authorization amount or the full estimated amount or destination specific charges. Any such authorization is not a charge, however, the authorization may reduce Your available credit by the authorization amount until Your bank’s next processing cycle.

4.2. Actual Fee. After the Transportation Services have been provided or if any Booking is cancelled prior to the provision of the Transportation Services, Karhoo will make You aware of the actual fee (inclusive of applicable taxes or other fees, in accordance with applicable law) incurred for the use of or in connection with the Services and this will be automatically charged to Your authorized payment method (each, a “Charge”).  You agree that such actual fee may be determined at any time or at multiple times subsequent to the provision of Transportation Services or the cancellation of a Booking and a Charge may occur at any time. For the avoidance of doubt, actual fees shall include all fees or charges as permitted pursuant to the Supplier’s Terms and any other reasonable charges as determined by Karhoo (such as, without limitation, due to soilage or other damage) and (where applicable) Karhoo’s own independent booking fee for the Booking.  You agree that all Charges are due immediately and Karhoo shall have the right, without further action or consent, to charge Your authorized payment method thereof.

4.3. Cash Prohibited. All Payments made by Users shall only be made through the Karhoo Platform. Cash payments are strictly prohibited. Neither Drivers nor Users may make or accept Payments in cash under any circumstances.

4.4. Refunds. All payments made are non-refundable.

4.5. Promotional Offers. Karhoo, in its sole discretion, may offer promotions to its Users, which promotions may be subject to certain additional requirements and/or conditions, which can be found on the Karhoo Platform.  Any such promotions are subject to cancellation at any time for any reason and without notice.

4.6. Cancellation Fee. In the event that a User cancels a Booking, the User agrees to pay any “Cancellation Fee” in accordance with the applicable Supplier’s Terms (see “Terms and Conditions of Suppliers” above).

4.7. Facilitation of Payments. All Charges, as applicable, shall be facilitated through Karhoo’s third-party payment processing service.

4.8. Payment methods

4.8.1. Credit CardsWhere payment is made by credit card, the Customer shall provide full credit card data (cardholder name, card number, expiry date, security code) when placing the Booking and thereby declares his/her agreement to Karhoo’s taking payment for the Services via the relevant credit card company.KARHOO will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Customer’s credit card).KARHOO shall take all reasonable steps to protect the credit card data against unauthorised access by third parties. The Customer is aware that in particular where such data is transferred electronically the possibility of such data becoming known to unauthorised third parties cannot be excluded.The following Credit Cards are accepted: American Express, Diner’s Club International, Maestro, MasterCard, Visa and Visa Electron, but the payment methods available may change over time.

5. Insurance

5.1. Karhoo does not purchase insurance policies to protect Users, passengers, third parties or any of their belongings.  Insurance purchased by a Supplier is subject to the applicable Supplier’s Terms.

6. Eligibility

6.1. The Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that You have the right, authority and capacity to enter into and abide by this Agreement and each Supplier’s Terms.

6.2. You are the sole authorized user of Your Karhoo account and are responsible for maintaining the confidentiality of any password provided by You or Karhoo to access and use Your account or the Services. You are solely and fully responsible for all activities that occur under Your password or account and You will be obliged to pay for all Bookings made through your account.  Karhoo has no control over the use of any User’s account and expressly disclaims any liability derived therefrom.  Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You must contact Us immediately.

6.3. Unless otherwise permitted by Karhoo in writing, You may only possess one account.

6.4. The Customer warrants that all the information he/she provided when placing his/her order was up-to-date and accurate in all material respects and that it is adequate for KARHOO to carry out the order. Additional costs, incurred by KARHOO as a result of false or incomplete information shall be for the account of the Customer.

6.5. To the extent that the Customer has access to a customer account with KARHOO, he/she is responsible for looking after and immediately updating his/her account details in terms of its accuracy and completeness; the Customer shall not on any account disclose the password used to access the customer account.

6.6. The Customer shall be obliged to pay for all orders activated using his/her user name and password. This payment obligation only lapses if the Customer is able to prove that he/she did not negligently or deliberately facilitate an order using his/her user name and password. The Customer shall otherwise be obliged to pay for an order made using his/her user name and password unless the Customer has, prior to the relevant order, requested that KARHOO block his/her user access and password and between the arrival of the Customer’s blocking request and the arrival of the order KARHOO has failed to block the user access and/or password despite the lapse of a reasonable length of time.

7. Term and Termination

7.1. Either You or We may terminate Your participation in the Karhoo Platform by removing Your Information at any time, for any reason or for no reason and without notice. If You wish to delete Your account You may do so by emailing us at support@karhoo.com.

7.2. We may also terminate this Agreement if (i) You fail to maintain accurate, complete and up-to-date information in Your account or We are unable to verify or authenticate any information You provide to Us; (ii) We believe that Your actions may cause financial loss or legal liability for You, Our Users or Us or subject Karhoo or You or any other User to regulation by any state or local government or regulatory agency; or (iii) We suspect that You have engaged in fraudulent activity in connection with the Karhoo Platform or the Booking Services.

7.3. We maintain sole discretion to prohibit Your use of the Services for any reason.

7.4. We reserve the right, but are not obligated, to investigate and terminate Your use of the Karhoo Platform or the Booking Services if (i) You have misused the Karhoo Platform or the Booking Services; (ii) You have behaved in a way which could be regarded as inappropriate; (iii) Your conduct is unlawful or illegal; or (iv) You have breached any terms of this Agreement.

7.5. Karhoo has no obligation to provide any compensation to You for any costs incurred for use of the Services or the Karhoo Platform if this Agreement is terminated due to Clause 7.2 or Clause 7.4 and shall otherwise determine whether to provide any compensation on a case by case basis in its discretion.

7.6. Upon the termination of this Agreement:

7.6.1. All rights granted to You under this Agreement shall cease;

7.6.2. You must immediately cease all activities authorized by this Agreement, including Your use of any Services or the Karhoo Platform;

7.6.3. You must immediately delete or remove the Karhoo Platform from all Devices and immediately destroy all copies of the Karhoo Platform; and

7.6.4. We may remotely access the Devices (including any programs or data therein, as necessary) solely to remove the Karhoo Platform and cease providing You with access to the Services and may not otherwise access any programs or data in the Devices.

8. Your Information

8.1. Your information is any information You provide, publish, display or send (“post”) to the Karhoo Platform, any Supplier or in any public message area (including, but not limited to the feedback section) or through any email feature (collectively, “Your Information”).  Your Information will be stored on servers controlled by Karhoo or Our service providers. You consent to Us using Your Information to create a User account that will allow You to make Bookings and as otherwise authorized in Clause 11 below. You are solely responsible for Your Information and Your interactions with people in the public. When You create an account, You agree to provide accurate, current and complete information as prompted by Our registration form and to keep Your Information accurate, current and complete at all times. For further details on how We process and use Your Information please see Our Privacy Policy.

8.2. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Karhoo Platform and to remove any material that, in Our opinion, violates, or is alleged to or may violate, the law or this Agreement or which We believe might be offensive, illegal or that might violate the rights, harm or threaten the safety of Users or others.  Notwithstanding this right, You remain solely responsible for Your Information. Emails or text messages sent between You and other Karhoo Users that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.

9. Intellectual Property Rights

9.1. Karhoo (or its licensors) owns and retains ownership in the Karhoo Platform and the Booking Services and all intellectual property therein. These rights include and are not limited to database rights, copyright, patent rights, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Karhoo Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Karhoo Platform or the Booking Services (“Submissions”) provided by You to Us are non-confidential and shall become the sole property of Karhoo, and You agree to assign and hereby do assign to Karhoo all right, title and interest in and to any Submissions. Karhoo shall own the exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

9.2. If You believe, in good faith, that any materials on the Karhoo Platform infringe upon Your intellectual property rights, please send detailed information of Your claim to support@karhoo.com.

9.3. Notwithstanding anything contained herein, the Licence is limited by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions http://www.apple.com/legal/itunes/us/terms.html#APPS (the “Usage Rules”) and in any other applicable usage rules adopted by the applicable Appstore Provider, as the case may be.

10. Licence Restrictions and Applicable Use Restrictions

10.1. You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations, this Agreement and each applicable Supplier’s Terms.

10.2. You may not and You agree not to: 10.2.1. rent, lease, lend, sell, sub-license, redistribute, adapt or sublicense the Karhoo Platform;

10.2.2. copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Karhoo Platform, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law);

10.2.3. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Booking Services or its contents;

10.2.4. permit the Karhoo Platform or any part of it to be combined with or become incorporated in, any other programs;

10.2.5. use the Karhoo Platform or any Service in a way that could damage, disable, overburden, impair, interfere, disrupt or compromise Our systems, servers, security or networks connected to the Services or interfere with other users, the Karhoo Platform or the provision of the Services; or

10.2.6. introduce, purposefully, negligently or otherwise, any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

10.3. You may not and You agree not to:

10.3.1. transmit or upload any material that is defamatory, offensive, false, misleading, inaccurate or otherwise objectionable in relation to Your use of the Karhoo Platform or Booking Services;

10.3.2. impersonate any person or entity, “stalk” or otherwise harass any person or express or imply that any statements You make are endorsed by Us, without Our prior written consent;

10.3.3. post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

10.3.4. provide Your Information that is obscene, malicious, defamatory, pornographic or otherwise unlawful or offensive;

10.3.5. “frame” or “mirror” any part of the Karhoo Platform or the Booking Services or use meta tags or code or other devices containing any reference to Us or the Booking Services or the Karhoo Platform in order to direct any person to any other web site for any purpose; or

10.3.6. create liability for Us or perform any action that may cause Us to become subject to regulation as a transportation carrier or provider of taxi or other transportation services.

11. Your Information

11.1. You retain full ownership of all Your Information and any intellectual property rights or other proprietary rights associated with Your Information. You warrant and represent to Us that (i) Your Information is posted by You and that You are the sole author of Your Information and (ii) You have the right, licence or consent to grant the licence set forth herein.  By providing Your Information, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise the copyright, publicly display, use, copy, perform, display, prepare derivative works of, incorporate into other work Your Information, in any media now known or hereafter derived, in accordance with Our Privacy Policy.

12. Indemnity; Limitation of Liability; DisclaimerYou will defend, indemnify and hold Us and Our respective officers, directors, managers, members, employees, agents and advisors harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (i) Your use of the Karhoo Platform or the Services; (ii) Your breach of this Agreement, the documents it incorporates by reference or each Supplier’s Terms; (iii) Your violation of any law or the rights of any third party, including, without limitation, Suppliers and Drivers; or (iv) Our use of Your Information.

12.1. EXCEPT AS SET FORTH ABOVE, IN NO EVENT WILL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR ADVISORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFIT, LOST DATA, PERSONAL INJURY, EMOTIONAL DISTRESS, NON-PERFORMANCE OR PROPERTY DAMAGE OR LOSS) ARISING OUT OF OR IN CONNECTION WITH KARHOO, THE KARHOO PLATFORM, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF ADVISED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF KARHOO AND OUR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ADVISORS ARISING OUT OF OR IN CONNECTION WITH KARHOO, THE KARHOO PLATFORM, THE SERVICES OR THIS AGREEMENT (HOWEVER RISING, INCLUDING NEGLIGENCE) IS LIMITED TO THE ADMINISTRATIVE FEE WE COLLECT FROM THE SUPPLIERS AS PART OF THE CHARGE PAID RELATING TO THE EVENTS OR CIRCUMSTANCES TO WHICH THE CLAIM RELATES.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, THE LIABILITY OF KARHOO AND OUR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ADVISORS WILL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY APPLICABLE LAW AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

For the avoidance of doubt, any contact information provided by Us is not intended for emergency calls or situations requiring an immediate response or the involvement of the authorities and You should contact the appropriate authorities directly.  We shall not be responsible for any loss, liability or damage resulting from any transaction between You and a Supplier (or Driver) or for any delay or failure by Us to respond to any contact from You.

12.2. To the extent permitted by applicable law, the Karhoo Platform and the Booking Services are offered on an “as is” basis and We and Our officers, directors, employees, agents and advisors disclaim any warranty or condition, express, implied or statutory, other than as set out in this Agreement, including the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.  We do not make any guarantee, representation or warranty regarding the accuracy, completeness, reliability, security, timeliness, availability or quality of Your use of the Karhoo Platform or the Services or that the Karhoo Platform or the Services will be error-free or uninterrupted.

12.3. To the extent the implied warranties described in the foregoing Section 13.2 cannot be limited or disclaimed under applicable law, some of the foregoing may not apply to You or You may have additional rights.

12.4. We reserve the right, but have no obligation, to monitor and facilitate disputes and their resolution between You and Suppliers and Drivers.  We reserve the right to change any and all content, software and other items used or contained in the Karhoo Platform and the Booking Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Karhoo or the Karhoo Platform.

13. Release

13.1. In the event that You have a dispute with one or more Suppliers or Drivers, You hereby release Karhoo (and Our officers, directors, agents, managers, members, shareholders, employees and agents) from any and all claims, demands, actions, cause of action, damages, losses, costs and expenses, in each case of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, that arise out of or in any way are connected to such disputes or to Your use of the Karhoo Platform or the Services.

14. Applicable Law

14.1. The Booking Services and all contractual and non-contractual obligations arising in any way whatsoever out of or in connection with this Agreement shall be governed by, construed and take effect in accordance with the laws of England and Wales unless applicable law requires otherwise, in each case without regard to principles of conflicts of laws.

14.2. You agree that any dispute, claim or matter of difference arising out of or relating to the Booking Services or this Agreement (each, a “Dispute”) shall be subject to the jurisdiction of the courts of England and Wales.

15. Confidentiality

15.1. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Karhoo’s business, operations and properties (“Confidential Information”) disclosed to You by Karhoo for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Karhoo in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to Karhoo with regard to any Confidential Information which You can prove was in the public domain at the time it was disclosed by Karhoo or has entered the public domain through no fault of Yours; was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Karhoo; or becomes known to You, without restriction, from a source other than Karhoo without breach of this Agreement by You and otherwise not in violation of Karhoo’s rights. In addition, You shall not be in breach of this Clause 15 for any disclosure of Confidential Information made pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that, where legally permissible, You shall provide prompt notice of such court order or requirement to Karhoo to enable Karhoo to seek a protective order or otherwise prevent or restrict such disclosure.

16. No Agency

16.1. You and Karhoo are independent contractors and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

17. Notices; Complaints

17.1. Except as explicitly stated otherwise, any notices to Karhoo shall be sent by registered post, postage prepaid and proof of receipt requested to Karhoo Europe (UK) Limited, Attn. Legal Department, c/o wework 2 Eastbourne Terrace London W2 6LG, and any notices to You shall be provided to You through the Karhoo Platform or given to You via the email address You provide to Karhoo during the registration process. In such case, notice shall be deemed given 3 days after the date of notice through the Karhoo Platform or 24 hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by registered post, postage prepaid and return receipt requested, to the address provided to Karhoo during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

17.2. Customer Service and the handling of complaints

17.2.1. Queries or requests for information or complaints relating to the placement of a Booking should be sent to Our Customer Service Department through Our support center support@karhoo.com.  You are encouraged to inform Us of  Your complaint within 30 (thirty) days of the particular Booking.

17.2.2. Complaints about the conduct of a Driver, loss of, theft of or damage to luggage, clothing or personal belongings or anything which occurs during the provision of Transport Services should be addressed to the Supplier directly.

18. General

18.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may only be assigned by Karhoo, in Our sole discretion in accordance with the “Notices; Complaints” clause of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and Karhoo with respect to the subject matter hereof. Clauses 1-3, 10, 11 and 13-18 shall survive any termination or expiration of this Agreement.

19. Contacting Karhoo. If You have any questions about these Terms and Conditions, Our Privacy Policy, the practices of Karhoo or Your dealings with Karhoo, You may contact Us at Our support center support@karhoo.com.