Effective: January 1, 2018
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KNGRO.
In these Terms, the words "including" and "include" mean "including, but not limited to."
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 made with you. KNGRO 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.
When ordering KNGRO’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply. “Shipment” means all documents or parcels that are delivered through use of KNGRO’s services as outlined in Section 3 of these terms Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then Shipment Value Protection may be arranged at an additional cost. (Please see here for further information).
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH KNGRO 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 KNGRO.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.
KNGRO may amend the Terms from time to time. Amendments will be effective upon KNGRO'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 KNGRO 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 KNGRO 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 KNGRO, LLC 16192 Coastal Hwy Lewes, DE 19958, 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).
KNGRO’s collection and use of personal information in connection with the Services is described in KNGRO's Privacy Statements located at www.kngro.com/Privacy&DataPolicy.
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against KNGRO 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 KNGRO, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against KNGRO by someone else.
Agreement to Binding Arbitration Between You and KNGRO.
You and KNGRO 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 KNGRO, and not in a court of law.
You acknowledge and agree that you and KNGRO 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 KNGRO 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 KNGRO 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.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
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.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and KNGRO otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed ,000, then the arbitration will be conducted solely on the basis of documents you and KNGRO submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds ,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.
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 ,000, KNGRO 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 1 above, regarding consent to be bound by amendments to these Terms, if KNGRO 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 KNGRO 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 KNGRO, LLC 16192 Coastal Hwy Lewes, DE 19958, or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. 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 KNGRO 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 courier, delivery, and/or logistics services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with KNGRO or certain of KNGRO's affiliates ("Third Party Providers"). In certain instances, the Services may also include an option to receive courier, delivery, and/or logistics services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by KNGRO 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 COURIER, DELIVERY, AND/OR LOGISTICS SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH KNGRO AS A PROVIDER OF COURIER, DELIVERY, AND/OR LOGISTICS SERVICES OR AS A POSTAL SERVICE, MAIL, SHIPPING, OR MOTOR CARRIER.
Subject to your compliance with these Terms, KNGRO grants you a limited, non-exclusive, non-sub-licensable, 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 KNGRO and KNGRO'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 KNGRO; (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 KNGRO's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “SHOP FOR ME OVERSEAS,” “SHOP FROM DUTY FREE,” “SEND ITEMS OVERSEAS,” “MAKE MONEY TRAVELING,” and/or any other service as may be named or introduced in the future. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of KNGRO's subsidiaries and affiliates; or (ii) independent Third Party Providers.
A Shipment is deemed unacceptable if: (i) no customs declaration is made when required by applicable customs regulations; (ii) it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics; (iii) it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”); (iv) its delivery instructions are incorrect or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling; it contains any other item which Third Party Providers decide cannot be carried safely or legally.
Deliveries and Undeliverables.
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
KNGRO may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day. Shipper may exclude some delivery options on request.
If the Shipment is deemed to be unacceptable as described above, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, KNGRO shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. KNGRO and its Third Party Providers shall have the right to destroy any Shipment which any law prevents from returning to Shipper as well as any Shipment of Dangerous Goods.
KNGRO and Third Party Providers have the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
Third Party Services and Content.
The Services and all rights therein are and shall remain KNGRO's property or the property of KNGRO'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 KNGRO's company names, logos, product and service names, trademarks or services marks or those of KNGRO's licensors.
Shipment Value Protection.
KNGRO may be able to arrange Shipment Value Protection covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs KNGRO in writing, including by completing the Shipment Value Protection section in the KNGRO’s automated systems and pays the applicable premium. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays. Further details can be found at www.kngro.com/legal0.
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 KNGRO certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by KNGRO. 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 KNGRO 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 courier, delivery, 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 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.
Community Guidelines and Safety.
To keep parties to a transaction safe, KNGRO vets Third Party Providers and has built our technology with safety in mind. But there are also things that you can do to ensure your safety.
1. Plan ahead. Before you request an order, review the safety features in the app so you know how to use them.
2. Set your meeting. KNGRO strongly recommends that all in-person meetings between you and Third Party Providers take place in a public location.
3. Share your meeting details with a friend. While en route, tap “Share status” in the app to share your Third Party Provider’s name, photo, and meeting location with a friend or family member. They can track your location without downloading the KNGRO app.
4. Protect your personal information. There’s no need to share your phone number or other contact information with Third Party Providers. If a you and a Third Party Provider need to contact each other, the KNGRO app automatically anonymizes both phone numbers to protect everyone’s privacy.
5. Follow your intuition. Trust your instincts and use your best judgement and if you ever feel you’re in an emergency situation, call 911 immediately.
6. Give feedback on your transaction. Your feedback helps us improve the KNGRO experience for everyone. Our 24/7 global support team reviews feedback and will follow up with appropriate action on any reports of conduct that violate our community guidelines.
7. Transacting outside KNGRO. KNGRO provides a secure payment and messaging system to guarantee Shippers receive their shipments and Third Party Providers receive payment upon delivery. Transacting outside of KNGRO violates community rules and may greatly jeopardize your security. If you are asked to order/deliver items outside the KNGRO platform, please report this to our team immediately.
8. Prohibited Items. It is the responsibility of Third Party Providers to inspect any Shipment being transported in order to make a reasonable attempt to confirm that it is not a prohibited item. The following is a list of prohibited items:
1. Hazardous Material as defined by the U.S. Environmental Protection Agency (EPA), the U.S. Occupational Safety and Health Administration (OSHA), the U.S. Department of Transportation (DOT), or the U.S. Nuclear Regulatory Commission (NRC);
2. Any item that is prohibited by law in the place of origin, the destination, or any jurisdiction through which the item will be transported including, but not limited to, drugs, counterfeit goods or currency, and/or stolen property;
3. Any item prohibited by or not in compliance with TSA Rules including, but not limited to, batteries, aerosols or other flammable liquids, firearms, ammunition, and/or explosives;
4. Live Animals; and
5. Human remains.
Text Messaging and Telephone Calls.
You agree that KNGRO 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 a KNGRO 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 KNGRO at any time, either by texting the word “STOP” to 001 888 405 6476 using the mobile device that is receiving the messages, or by contacting email@example.com. If you do not choose to opt out, KNGRO may contact you as outlined in its User Privacy Statement, located at www.kngro.com/Privacy&DataPolicy.
Referrals and Promotional Codes.
KNGRO may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that KNGRO establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by KNGRO; (iii) may be disabled by KNGRO at any time for any reason without liability to KNGRO; (iv) may only be used pursuant to the specific terms that KNGRO establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. KNGRO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that KNGRO determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of KNGRO’s Terms.
User Provided Content.
KNGRO may, in KNGRO's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to KNGRO 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 KNGRO, you grant KNGRO 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 KNGRO'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 KNGRO 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 KNGRO'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 KNGRO in its sole discretion, whether or not such material may be protected by law. KNGRO may, but shall not be obligated to, review, monitor, or remove User Content, at KNGRO'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. KNGRO 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"). KNGRO 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, import/export tax, duty surcharges, airport surcharges, tariffs, or processing fees for split payments.
All Charges and payments will be enabled by KNGRO 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 KNGRO may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by KNGRO.
As between you and KNGRO, KNGRO 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 KNGRO's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand and/or as a result of import/export taxes, tariffs, duty surcharges, and/or other applicable fees. KNGRO 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. KNGRO 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. PLEASE NOTE: ORDERS CANNOT BE RETURNED OR CANCELED AFTER COMMENCEMENT OF SERVICES. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. KNGRO 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 KNGRO 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. KNGRO 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 KNGRO or its affiliates, where KNGRO is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from KNGRO for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and KNGRO will respond accordingly to any request from you to modify the Charges for a particular service or good. KNGRO does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by KNGRO (on KNGRO's website, in the Application, or in KNGRO'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 KNGRO 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.
KNGRO and/or Third Party Providers may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services: (i) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (ii) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (iii) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who KNGRO and/or Third Party Providers believe in its reasonable opinion to be authorized.
Shipment Charges and Fees.
Shipper, or the Receiver when KNGRO and/or Third Party Providers act on Receiver’s behalf, shall pay or reimburse KNGRO and/or Third Party Providers for all Shipment or other charges due, or Customs Duties owed for services provided by KNGRO and/or Third Party Providers or incurred by KNGRO and/or Third Party Providers on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
If KNGRO and/or Third Party Providers use their credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver, KNGRO and/or Third Party Providers shall be entitled to assess a fee.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KNGRO 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, KNGRO 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. KNGRO 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.
KNGRO 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 KNGRO, EVEN IF KNGRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KNGRO 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 KNGRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KNGRO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KNGRO'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE COURIER, DELIVERY, AND/OR LOGISTICS SERVICES OR GOODS WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT KNGRO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY COURIER, DELIVERY, AND/OR LOGISTICS SERVICES OR GOODS 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 OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KNGRO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON KNGRO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Circumstances Beyond KNGRO’s Control.
KNGRO and/or Third Party Providers are not liable for any loss or damage arising out of circumstances beyond their control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to KNGRO and/or Third Party Providers; any act or omission by a person not employed or contracted by KNGRO and/or Third Party Providers - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
You agree to indemnify and hold KNGRO and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) KNGRO's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Delawarians to assert claims under Delaware law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Delaware law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Delaware law to you if you do not otherwise reside in Delaware. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to KNGRO's designated agent. Please visit KNGRO's web page at www.kngro.com/legal for the designated address and additional information.
KNGRO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to KNGRO, with such notice deemed given when received by KNGRO, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o KNGRO, LLC. The name and current contact information for the registered agent is available online www.kngro.com/legal.
You may not assign these Terms without KNGRO's prior written approval. KNGRO may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of KNGRO's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, KNGRO or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. KNGRO's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KNGRO in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.