Member Agreement
This is an Agreement between the individual ("Member") affirming this Agreement and Kid Car NY, LLC ("Kid Car NY"), a business organization engaged in operating a car for hire service for people with small children. In consideration of the mutual obligations contained herein, the parties agree as follows:
1. Provision of Service. Kid Car NY will provide car service to Member and the members of Member's family ("Member Family" or "Customer") within the borough of Manhattan on the terms and conditions set forth herein and in the attached "Terms and Conditions," which are hereby incorporated in and made a part of this agreement. These Additional Terms and Conditions may be modified by Kid Car NY from time to time in its discretion; provided that such modification shall not be inconsistent with the terms of this Agreement and provided further that Member and Member Family will be treated reasonably equitably relative to other Members and Member Families.
2. Payment for Services. Member agrees to pay the following fees in accordance with the Terms and Conditions: (i) a one-time Registration Fee, payable upon subscription and a monthly membership fee paid on the anniversary date of such subscription; and (ii) Trip Charges for each use of the car service as may be established from time to time by Kid Car NY in its discretion.
3. Termination; Limitation on Liability.
(a) Termination without Cause. This Agreement may be terminated by either party, with or without cause upon 30 days written notice.
(b) Termination for Cause. This Agreement may be terminated upon ten (10) days written notice if the other party commits a material breach of this Agreement and does not cure such breach within said ten day period.
(c) Refund Upon Termination. If Kid Car NY terminates the agreement without cause or if Member properly terminates this Agreement for cause in accordance with the foregoing provisions, Kid Car NY will refund to Member a pro rata portion of the Monthly Membership Fee attributable to the remainder of the month covered by the Monthly Membership Fee. No refund will be due if Member terminates this Agreement without cause or Kid Car NY properly terminates for cause.
(d) Limitation of Liability. The sole remedy of Member for breach of this Agreement, for tortious conduct (other than tort relating to personal injury) or any other cause of action arising out of the conduct of Kid Car NY shall be to terminate this Agreement and (to the extent of actual damages suffered) receive a refund of all or an attributable portion of the Monthly Membership Fee, plus any other amounts expressly due to Member under the Terms and Conditions. UNDER NO CIRCUMSTANCES WILL KID CAR NY BE HELD LIABLE TO MEMBER FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES AS THE RESULT OF BREACH OF CONTRACT, TORT (OF ANY KIND) OR OTHER ACTION OF CONDUCT.4. Miscellaneous.
(a) Choice of Law; Forum. This Agreement will be construed under and governed by the laws of the State of New York. All actions to enforce this Agreement or for breach thereof shall be brought exclusively in any court of the State of New York of competent jurisdiction that is located in New York City.
(b) Entire Agreement; Modification; Waiver. This Member Agreement contains the entire agreement of the parties, and supersedes all prior agreements, negotiations, representations or undertakings between the parties hereto. This Agreement may be modified only in writing signed by the parties hereto or evidenced by e-mail communications between Member and a duly authorized officer of Kid Car NY. Any waiver of rights or remedies under this Agreement by either party shall extend only to the particular breach waived and shall not constituted a waiver of any future breach, whether of the same or a different kind.
(c) Severability. If any provision in this Agreement or the Additional Terms and Conditions is deemed or held to be unlawful, invalid or unenforceable, but such unlawfulness, invalidity or unenforceability shall not affect the remaining provisions hereof, which shall remain in full force and effect.
(d) Conflict. This Agreement and the Additional Terms and Conditions shall be construed, if possible, as consistent with one another so that effect may be given to both In the event of irresolvable conflict between this Agreement and the Additional Terms and Conditions, this Agreement shall govern.
(e) Offer and Acceptance. This Agreement shall be deemed binding upon both Kid Car NY and Member upon Member's subscription and payment of its initial Monthly Membership Fee, and Kid Car NY's acceptance of such fee by depositing it into Kid Car NY's account.KID CAR NY MEMBER AGREEMENT
ADDITIONAL TERMS AND CONDITIONS
Membership in Kid Car NY is subject to the following Additional Terms and Conditions, and to payment of the applicable Monthly Membership Fee and/ or Trip Charge plus applicable taxes. The Amount of the monthly membership fee and/or Trip Charge may be changed from time to time as provided herein. Kid Car NY membership is not transferable and is only available in the United States. The Kid Car NY membership term commences on the date you receive communication from Kid Car NY that you membership account has been created and you can begin making reservations and is valid with renewals until cancellation as outlined below (the "Membership Term"). By subscribing to Kid Car NY, you agree to be bound by these Terms and Conditions. You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card, check card or checking account to be a member of Kid Car NY.
These Terms and Conditions are subject to change by Kid Car NY at any time, in its sole discretion, with or without advance notice. The most current version of the Terms and Conditions, which will supersede all earlier versions, can be accessed through the hyperlink labeled 'Member Agreement' at the bottom of the Kid Car NY site. You should review the Terms and Conditions regularly, to determine if there have been changes. Your registration with Kid Car NY constitutes acceptance of the most recent version of the Terms and Conditions.
Service Locations
Kid Car NY provides transportation services in the borough of Manhattan.
Membership
Kid Car Membership provides access to the Kid Car Manhattan service and discounts on other services. Membership does not guarantee service. Member Families are billed a $100 Registration Fee and $35 per month and are automatically renewed on a monthly basis until membership is canceled by the Member Family.
Trip Rates/ Fees
Trip Charges: Member Families are billed a flat or hourly rate for all Kid Car NY trips as outlined on our 'Rates' page.
Carpooling Fee: Customers may pick up additional passengers on the way to the Drop-Off location or may drop off passengers at more than one location. There is a $15 fee for all intermediate stops. Intermediate stops are limited to one per trip and total passengers may not exceed 4 riders (up to 3 children).
No Show Fee: As Drivers approach the Pick Up Location, they will call the Primary Passenger's cell phone (Notification Call). If the Primary Passenger does not arrive at the Pick Up Location within 15 minutes of the Notification Call or the reservation time, whichever is later, a $15 'waiting' penalty will be assessed the third time it happens each calendar year and every time thereafter.
Changes in Fees: Kid Car NY may change the Kid Car NY Monthly Membership Fee Trip Charge or other fees or the means in which such fees are calculated from time to time in its sole discretion, provided, however, that Kid Car NY will give at least 10 days prior notice via e-mail of any change to the periodic membership fee and/or Trip Charge that will adversely affect you.
Authorization of Payment. the effective date of the change, you will be charged the then applicable Kid Car NY membership fee and/ or Trip Charge (plus applicable taxes) on each anniversary date or trip date after the effective date of such change, and you authorize Kid Car NY to charge the new applicable Monthly Membership Fee and/or Trip Charge (plus applicable taxes) to your Payment Method.
Car and Booster Seats/ Proper Restraint
Kid Car NY provides age and weight-appropriate car and booster seats (aka Child Restraint Systems, CRS) to all customers. Customers decide the appropriate CRS for their child. Customers may use the Kid Car CalculatorTM on the Kid Car NY web site to determine the appropriate CRS. Drivers are certified in the proper installation of all Kid Car NY- provided CRS'.
Customer's CRS: Customer's may use their own CRS if, in the Driver's opinion, the Customer or the Driver can properly install the CRS in the Kid Car NY vehicle. If not, the Customer MUST use the Kid Car NY-provided CRS.
Improper Restraint: Children must be properly restrained in Kid Car NY vehicles according to the manufacturer's guidelines at all times. Drivers may, at their discretion, refuse to transport a Customer if the Driver believes, in good faith, that the child passenger is not properly restrained. Customers that refuse to properly restrain the child may still be charged a fee of $10 for delay in Kid Car NY's ability to serve other customers.
Travel Rules and Regulations
Unaccompanied minors
Kid Car NY will only transport children without an adult if the child does not require the use of a car or booster seat AND the child does not require any additional care once they leave the vehicle.
Waiting time
Upon arrival at Pick Up Location: Drivers will wait up to 15 minutes at the Pick Up Location after the Notification Call is made OR the Reservation Time, whichever is later.
Upon arrival at Drop-Off Location: Drivers will wait up to ten minutes at the Drop-Off location upon the customer's request.
Carpooling
Drivers will wait up to ten minutes at an intermediate destination or intermediate pick up location. After ten minutes, the Customer must elect to either continue on to the intended destination or exit at the intermediate destination or pick up location. Carpooling is not allowed if the total number of passengers will exceed the four person maximum capacity of our vehicles.
Allergens: Any item that could cause an allergic reaction in a future passenger is not allowed in Kid Car NY vehicles. Such items include but are not limited to food, drinks (other than water), pets, and plants. Drivers may require that passengers use company provided handi-wipes to remove allergens from their body or clothing prior to entering the vehicle. Pets are never allowed in Kid Car NY vehicles.
Car sickness and other accidents
Kid Car NY vehicles are equipped with sickness bags and its Britax and Graco car seats are equipped with prophylactic car seat covers.
Car Seats
In the event that a child becomes sick or soils a car seat, Kid Car NY will make a good faith effort to clean the car seat by hand. In the event that that the car seat can not be adequately cleaned to management's satisfaction, the parent will be responsible for the replacement cost of the car seat (including shipping). If the replacement cost exceeds $100, Kid Car NY will provide the car seat to the parent at the parent's request (parent assumes all shipping costs)Vehicles
If a vehicle is soiled while transporting a passenger, the passenger is responsible for the first $75 of the cleaning costs and 50% of the cost thereafter. Kid Car NY will provide receipts for all cleaning costs to the parent via email.
Travel Route Selection
Passengers may tell the Driver how to get to the Drop-Off Location as long as it does not interrupt the normal business operations of Kid Car NY.
Rebates/ Refunds
Membership Cancellation:Membership Cancellation: Membership fees are refundable at any time within 60 days or prior to making a third reservation with Kid Car NY, whichever first occurs. Kid Car NY will deduct from refunds any member discounts received and charges for any free rides provided. In order to cancel membership, send an email to cancel@kidcarny.com.
Errant Billing: If Kid Car NY bills a Customer for a trip they did not make, Kid Car NY will credit back the Trip Charge to the customer's credit card and the Customer will receive a 50% discount on their next trip.
Payment Rules and Regulations
Billing Cycle
Kid Car NY charges the Customer's Payment Card on a weekly basis for all unpaid trips since the previous billing period.
Pending Charges for Payment Cards
If your Payment Method is a credit or charge card (the Payment Card), you also authorize Kid Car NY to place a pending charge to your Payment Card when you sign up for membership, and prior to each subsequent periodic charge. Pending charges are used to verify your billing address and the validity of your Payment Card, are temporary (typically 3 to 7 days in length), and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your Payment Card in the amount of $1 per pending charge.
Fees Relating to your Payment Method
You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, in-sufficient funds and over the credit limit fees.
Disclosure to and Electronic Fund Transfer Authorization by Check Card Holders
Check cards are a form of debit card which cause charges against bank accounts and are subject to federal law. If the Payment Card you have provided is a check card, in order to request Kid Car NY to extend your Membership Term from period to period you must authorize Kid Car NY or its agent to charge the check card on periodic anniversary dates and therefore to effect preauthorized transfers from the bank account that is associated with your check card. Your request to pay your recurring periodic Kid Car NY membership fee and/ or Trip Charge (plus applicable taxes), with preauthorized charges to your check card and your electronic execution of an acknowledgment of your acceptance of these terms and conditions constitutes your preauthorized electronic fund transfer authorization for future charges on your check card and your assent to these terms and conditions. You further acknowledge that the amount charged to your check card may be different from time to time, in accordance with Kid Car NY Terms and Conditions, including, without limitation, changes in Trip Charge amounts or other fees, differing amounts due to the frequency of trips taken in Kid Car NY vehicles, promotional offers, changes in the amount of applicable sales tax, and you authorize Kid Car NY to charge your Payment Card for such varying amounts. You may cancel your Kid Car NY membership as described below. No refunds will be made for Kid Car NY membership fees already paid or charged except as listed above under 'Rebates/ Refunds.' You may also cancel your preauthorized charge authorization by contacting your bank within a sufficient time to cancel the authorization (see your agreement with your bank for the terms and conditions of cancellation), but cancellation of your authorization with your bank will not serve as notice to Kid Car NY concerning cancellation of your Kid Car NY membership.
Promotional Offers
From time to time, at Kid Car NY's sole discretion, Kid Car NY may offer a reduced membership fee and/ or Trip Charge for the Kid Car NY service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of registration for the Kid Car NY service, your Payment Method will be charged the promotional price plus applicable taxes for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable periodic membership fee and/ or Trip Charge plus applicable taxes will be charged to your Payment Method for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Terms and Conditions will be explained on the web page on which you land prior to beginning the sign-up process or as part of the sign-up process
Expiration Date and Refusal of Charges to Your Payment Card
If your Payment Card reaches its original expiration date, your failure to cancel your Kid Car NY membership constitutes authorization for Kid Car NY to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any periodic membership fee and/ or Trip Charge, you have a period of 14 days from the date that your Payment Card was declined to make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information at www.kidcarny.com. If Kid Car NY is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) during the 14-day period and any past due Kid Car NY membership fees and/ or Trip Charges are paid, then Kid Car NY benefits will continue uninterrupted and this Payment Card will be used to charge the applicable periodic membership fee and/ or Trip Charge until your Kid Car NY membership is canceled (your original anniversary date will still apply) and will be your Payment Card for all purposes. If Kid Car NY is unable to charge your Payment Card (existing or new, if you have provided new Payment Card information), within the 14-day period, then your Kid Car NY membership will be indefinitely suspended beginning on the 15th day from the date your Payment Card was initially declined. For the 90 days immediately following the suspension, Kid Car NY may attempt to charge the Payment Card the periodic membership fee. If the charge is accepted, then your Kid Car NY benefits will be reinstated as of the date the charge is accepted. The Payment Card will be used to charge the applicable periodic membership fee and/ or Trip Charge until you cancel your Kid Car NY membership and will be your Payment Card for all purposes..
Membership Cancellation
Member Initiated
Membership can be canceled at any time. Monthly Membership fees are not refundable 30 days after renewal. If membership is canceled, all future reservations may be deleted from Kid Car NY's reservation system at the discretion of Kid Car NY. Any remaining reservations will be billed at the non-member rate.
Kid Car NY initiated
Kid Car NY may suspend or cancel a Kid Car NY membership account, or otherwise restrict your use of Kid Car NY, in Kid Car NY's sole discretion, with or without cause; provided that if such account is suspended or cancelled without cause, Kid Car NY will refund the portion of the Monthly Membership Fee attributable to the period of suspension or the remaining portion of the year following cancellation, as the case may be.
Cancellation or Changes to Program by Kid Car NY
Kid Car NY may make changes to the Kid Car NY service, including, without limitation, any promotional offers and free trials, at any time, and from time to time, without prior notice. Kid Car NY reserves the right to suspend or end the Kid Car NY service (including, without limitation, ceasing to offer one or all of Kid Car NY services) without prior notice, in Kid Car NY's sole discretion. Void where prohibited.
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