KNGRO- INTERNATIONAL TERMS OF USE
Effective: January 1, 2018
8. Contractual Relationship
These Terms of Use ("Terms") govern your access or use, from within any country in the world (excluding the United States and its territories and possessions), of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) made available by KNGRO, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "KNGRO").
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."
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and KNGRO. 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. 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 2 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).
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.
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.
9. 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 AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY KNGRO OR ANY OF ITS AFFILIATES.
License.
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.
Restrictions.
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.
Unacceptable Shipments.
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.
Inspection.
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 may be made available or accessed in connection with third party services and content (including advertising) that KNGRO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. KNGRO does not endorse such third party services and content and in no event shall KNGRO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
Ownership.
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/legal.
10. Access and Use of the Services
User Accounts.
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.
9. Plan ahead. Before you request an order, review the safety features in the app so you know how to use them.
10. Set your meeting. KNGRO strongly recommends that all in-person meetings between you and Third Party Providers take place in a public location.
11. 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.
12. 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.
13. Follow your intuition. Trust your instincts and use your best judgement and if you ever feel you’re in an emergency situation, call your local police authorities immediately.
14. 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.
15. 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.
16. 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) here;
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.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from KNGRO at any time by following the directions found here www.kngro.com or by emailing KNGRO on help@kngro.com. You acknowledge that opting out of receiving text (SMS) messages may impa1ct your use of the Services.
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.
11. Payment
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, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. 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.
Customs Clearance.
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.
12. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
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.
Indemnity.
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.
13. Other Provisions
Choice of Law.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not spe¬ak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
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.
Notice.
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. You may give notice to KNGRO by written communication to KNGRO LLC 16192 Coastal Hwy Lewes, DE 19958.
General.
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 If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. 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.
