When you use Kroozzy apps you trust Kroozzy Technologies with your information. We are committed to keeping that trust. That starts with helping you understand our privacy practices.
This policy describes the information we collect, how it is used and shared, and your choices regarding this information. We recommend that you read this along with our Privacy Overview, which highlights key points about our privacy practices (including what information we collect, when we collect it, and how we use it).
Effective Date: May 10, 2019
Data Collections And Uses
This policy applies to users of Kroozzy Technologies services anywhere in the world, including users of Kroozzy's apps, websites, features or other services.
This policy describes how Kroozzy and its affiliates collect and use personal information to provide our services. This policy applies to all users of our apps, websites, features or other services anywhere in the world. This policy specifically applies to:
Riders: users who request or receive transportation
Drivers: users who provide transportation individually or through partner
Delivery Recipients: users who request deliveries of food or other items
Delivery Partners: users who provide delivery services
This policy also applies to those who provide information to Kroozzy in connection with an application to use our services, or whose information Kroozzy otherwise receives in connection with its services (such as contact information of individuals associated with KroozzyChow partners). All those subject to this policy are referred to as “users” for purposes of this policy.
The practices described in this policy are subject to applicable laws in the places in which we operate. This means that we only engage in the practices described in this policy in a particular country or region if permitted under the laws of those places. Please contact us if you have questions on our practices in your country or region.
Kroozzy Technologies provides services to users throughout the world. Questions, comments and complaints about Kroozzy's data practices can be submitted to Kroozzy's data protection office. Please contact firstname.lastname@example.org to file any concerns.
Information that you provide to Kroozzy, such as when you create your Kroozzy account.
Information created when you use our services, such as location, usage and device information.
2. Information created when you use our services
This may include:
If you are a driver or delivery partner, Kroozzy collects location information when the Kroozzy app is running in the foreground (app open and on-screen) of your device.
We enable users to communicate with each other and Kroozzy through the Kroozzy apps, websites, and other services. For example, we enable drivers and riders, and delivery partners and recipients, to call or text each other (in some countries, without disclosing their telephone numbers to each other).
How We Use Your Information
Kroozzy collects and uses information to enable reliable and convenient transportation, delivery and other products and services. We also use the information we collect:
To enhance the safety and security of our users and services
For customer support
To enable communications to or between users
Kroozzy does not sell or share your personal information to third parties for third party direct marketing purposes.
Kroozzy uses the information it collects for purposes including:
1. Providing services and features
Kroozzy uses the information we collect to provide, personalize, maintain and improve our products and services. This includes using the information to:
Verify your identity.
Enable transportation, deliveries, and other services. This includes automated processing of your information to enable Dynamic Pricing, in which the price of a ride is determined based on constantly varying factors such as the estimated time and distance of the predicted route, estimated traffic, and the number of riders and drivers using Kroozzy at a given moment.
To track the progress of your ride or delivery.
2. Safety and security
We use your data to help maintain the safety, security and integrity of our services and
users. This includes, for example:
Screening drivers and delivery partners prior to enabling their use of our services and at subsequent intervals, including through reviews of background checks where permitted by law, to prevent use of our services by unsafe drivers.
Using device, location, profile, usage and other information to prevent, detect, and combat fraud or unsafe activities. This includes processing of such information, in certain countries, to identify practices or patterns that indicate fraud or risk of safety incidents. This may also include information from third parties. In certain cases such incidents may lead to deactivation by means of an automated decision making process.
3. Using user ratings to encourage improvement by affected users, and as grounds for deactivating users with ratings below a certain minimum as may be required in their region. Calculation and deactivation may be done through an automated decision making process.
Kroozzy customer support is for you and for Kroozzy team to:
Direct your questions to the appropriate customer support person
Investigate and address your concerns
Monitor and improve our customer support responses
4. Research and development
We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate insurance and finance solutions in connection with our services.
5. Communications among users
Kroozzy uses the information we collect to enable communications between our users. For example, a driver may text or call a rider to confirm a pickup location, or a restaurant or delivery partner may call a delivery recipient with information about their order.
6. Kroozzy communicate with you about products, services, promotions, studies, surveys, news, updates and events.
Kroozzy may also use the information to promote and process contests and sweepstakes, fulfill any related awards, and serve you relevant ads. You may receive some of these communications based on your profile as an Kroozzy user.
7. Legal proceedings and requirements
We may use the information we collect to investigate or address claims or disputes relating to your use of Kroozzy's services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
Information Sharing And Disclosure
Kroozzy may share the information we collect:
1. With other users
For example, if you are a rider, we may share your first name, average rider rating given by drivers, and pickup and/or dropoff locations with drivers. If you share an KroozzyPOOL trip with another rider, that rider may be told your name and may see your pickup and/or dropoff location.
2. At your request
This includes sharing your information with:
Other people at your request. For example, we may share your ETA and location with your friend at your request, or your trip information when you split a fare with a friend.
3. With the general public when you submit content to a public forum. We love hearing from our users -- including through public forums such as Kroozzy blogs, social media, and certain features on our network. When you communicate with us through those channels, your communications may be viewable by the public.
4. With the owner of Kroozzy accounts that you may use
If you use a profile associated with another party we may share your trip information
with the owner of that profile. This occurs, for example, if you are:
A rider using your employer’s Kroozzy for Business profile.
A driver using an account owned by a partner transportation company.
A rider who takes a trip arranged by a friend or under a Family Profile.
5. For legal reasons or in the event of a dispute
Kroozzy may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing your information with law enforcement officials, government authorities, airports (if required by the airport authorities as a condition of operating on airport property), to protect Kroozzy’s rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to your use of our services including trip information.
Users may request deletion of their accounts at any time. Following such request, Kroozzy deletes the information that it is not required to retain, and restricts access to or use of any information it is required to retain.
Kroozzy requires user profile information in order to provide its services, and retains such information for as long you maintain your Kroozzy account. You may request deletion of your account at any time through the Privacy Settings in the Kroozzy app, or via Kroozzy's website.
Following such request, Kroozzy deletes the information.
Kroozzy may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, if Kroozzy shuts down a user's account because of unsafe behavior or security incidents, Kroozzy may retain certain information about that account to prevent that user from opening a new Kroozzy account in the future.
Choice And Transparency
Kroozzy provides means for you to see and control the information that Kroozzy collects, including through:
in-app privacy settings
in-app ratings pages
You may also request that Kroozzy provide you with explanation, copies or correction of your data.
A. PRIVACY SETTINGS
The Privacy Settings menu in the Kroozzy rider app gives users the the ability to set or update their location and contacts sharing preferences, and their preferences for receiving mobile notifications from Kroozzy. Information on these settings, how to set or change these settings, and the effect of turning off these settings are described below.
Kroozzy uses rider's device location services to make it easier to get a safe, reliable ride whenever you need one. Location data helps improve our services, including pickups, navigation, and customer support.
You may enable/disable, or adjust, Kroozzy's collection of rider location information at any time through the Privacy Settings menu in the Kroozzy app, or via the settings on your mobile device. If you disable the device location services on your device, your use of the Kroozzy app will be affected. For example, you will need to manually enter your pickup or drop off locations. In addition, location information will be collected from the driver during your trip and linked to your account, even if you have not enabled Kroozzy to collect your location information.
Share Live Location (Riders)
If you have enabled the device location services on your mobile device, you may also enable Kroozzy to share your location with your driver from the time you request a ride to the start of your trip. This makes it easier for your driver to pick you up.
You may enable/disable location sharing with your driver at any time through the Privacy Settings menu in the Kroozzy app. You may use the Kroozzy app if you have not enabled location sharing, but it may be more difficult for your driver to locate you.
Notifications: Account and Trip Updates
Kroozzy provides users with trip status notifications and updates related to your account. These notifications are a necessary part of using the Kroozzy app, and cannot be disabled. However, you may choose the method by which you receive these notifications through the Privacy Settings menu in the Kroozzy app.
Notifications: Discounts and News
You may enable Kroozzy to send you push notifications about discounts and news from Kroozzy. You may enable/disable these notifications at any time through the Privacy Settings menu in the Kroozzy app.
B. DEVICE PERMISSIONS
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Kroozzy app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Kroozzy app seeks before you first use the app, and your use of the app constitutes your consent.
C. RATINGS LOOK-UP
After every trip, drivers and riders are able to rate each other, as well as give feedback on how the trip went. This two-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for both drivers and riders.
Your rider rating is available in the main menu of the Kroozzy rider app. Your driver rating is available in the Ratings tab of the Kroozzy Partner app.
You may request that Kroozzy:
Provide a detailed explanation regarding the information Kroozzy has collected about you and how it uses that information.
Request correction of any inaccurate information that Kroozzy has about you.
You can make these requests by contacting Kroozzy at email@example.com .
You can also edit the name, phone number and email address associated with your account through the Settings menu in Kroozzy's apps. You can also look up your trips, orders and deliveries history in the Kroozzy apps.
E. MARKETING OPT-OUTS
You may opt out of receiving promotional emails from Kroozzy firstname.lastname@example.org . You may also opt out of receiving emails and other messages from Kroozzy by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as receipts for your rides or information about your account.
Updates To This Policy
We may occasionally update this policy.
We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the Kroozzy apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy.
We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review.
Effective: May 13, 2019
1. Contractual Relationship
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Kroozzy may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH KROOZZY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on www.kroozzy.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Kroozzy may amend the Terms from time to time. Amendments will be effective upon Kroozzy's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Kroozzy changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Kroozzy written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Kroozzy, LLC, or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Kroozzy on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Kroozzy, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Kroozzy by someone else.
Agreement to Binding Arbitration Between You and Kroozzy.
You and Kroozzy agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Kroozzy, and not in a court of law.
You acknowledge and agree that you and Kroozzy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Kroozzy otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Kroozzy each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Location and Procedure.
Unless you and Kroozzy otherwise agree, the arbitration will be conducted in the country of The Bahamas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Kroozzy submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Kroozzy will not seek, and hereby waives all rights Kroozzy may have under applicable law to recover, attorneys' fees and expenses if Kroozzy prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Kroozzy will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Kroozzy changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Kroozzy written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Kroozzy USA, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: info@Kroozzy.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Kroozzy in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration
Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Kroozzy or certain of Kroozzy's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Kroozzy in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH KROOZZY AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, Kroozzy grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Kroozzy and Kroozzy's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Kroozzy; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Kroozzy's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "Kroozzy," "Kroo4," "Kroo6," "KrooXL," and “KrooLux, " and the logistics request products currently referred to as "KroozzyChow." You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Kroozzy's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content.
The Services and all rights therein are and shall remain Kroozzy's property or the property of Kroozzy's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Kroozzy's company names, logos, product and service names, trademarks or services marks or those of Kroozzy's licensors.
4. Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Kroozzy certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Kroozzy. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Kroozzy in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
Text Messaging and Telephone Calls.
You agree that Kroozzy may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Kroozzy account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that
you may opt out of receiving text messages from Kroozzy at any time, either by texting the wordS “STOP MESSAGING ME” to 305-984-7411 using the mobile device that is receiving the messages, or by contacting info@Kroozzy.com. If you do not choose to opt out, Kroozzy may contact you as outlined in its User Privacy Statement, located on our website.
User Provided Content.
Kroozzy may, in Kroozzy's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Kroozzy through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Kroozzy, you grant Kroozzy a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Kroozzy's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Kroozzy the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Kroozzy's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Kroozzy in its sole discretion, whether or not such material may be protected by law. Kroozzy may, but shall not be obligated to, review, monitor, or remove User Content, at Kroozzy's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Kroozzy does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Kroozzy will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.
All Charges and payments will be enabled by Kroozzy using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Kroozzy may use a secondary payment method in your Account, if available. Charges paid by you are final and non- refundable, unless otherwise determined by Kroozzy.
As between you and Kroozzy, Kroozzy reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Kroozzy's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Kroozzy will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Kroozzy may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Kroozzy may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Kroozzy will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Kroozzy will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Kroozzy or its affiliates, where Kroozzy is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Kroozzy for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Kroozzy will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, Kroozzy does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Kroozzy (on Kroozzy's website, in the Application, or in Kroozzy's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Kroozzy provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Kroozzy in Kroozzy's reasonable discretion, Kroozzy reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Kroozzy to a Third Party Provider, if applicable, and are non-refundable.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KROOZZY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT
EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KROOZZY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KROOZZY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
KROOZZY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF KROOZZY, EVEN IF KROOZZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KROOZZY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF KROOZZY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KROOZZY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KROOZZY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT KROOZZY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL