1. ACCEPTANCE OF TERMS
Welcome to Kharry. Kharry Canada Inc. ("Kharry") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.kharry.com/terms/. In addition, when using particular kharry services, you may be subject to guidelines, rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Kharry facilitates the sending and receiving of items, pairing of senders, travelers (Kharriers) and receivers.
The services offered by Kharry are accessible online at Kharry's website.
The traveler (Kharrier) membership allows you to post travels or departures, that is, to post an itinerary inviting potential senders to entrust you with item(s) to deliver for them at your destination or during your itinerary in exchange for a contribution for luggage sharing and benefit from Kharry's pairing service. The traveler (Kharrier) membership is free. You can post a travel by using our website, both enabling you to benefit from the exposure to Kharry's community of luggage sharers and potential senders.
The sender membership which is also free allows you to reserve and book a space in the traveler (Kharrier) luggage(s), in the available travels posted by the traveler (Kharrier) members for an amount asked by the kharrier. You can book a space by selecting the one that is more convenient for you.
The receiver doesn’t require a membership. The receiver collects the item(s) from the traveler (Kharrier) at the destination.
Payment to the Kharrier is processed once the receiver confirms the reception of the item(s).
Pairing senders and travelers (Kharriers): the information provided in the travel postings are not sufficient for senders to communicate directly with the travelers (Kharrier). Senders must first bookand pay for the requested space, depending on availability, and only then are they provided with (i) the details of the meeting place and (ii) the traveler's identity. Once the space is booked, the traveler (Kharrier) will also be able to know the identity of the sender(s) by receiving an email notification. Email addresses and phone numbers are kept confidential unless explicitly requested by the member concerned.
All potential new features released or updates to the services described above, or any services launched in the future will be also subject to these Terms and Conditions.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you confirm that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Kharry has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kharry has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Kharry is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child. Kharry requires an adult to accompany any child under the age of fourteen (14) who travels using the Service, picks up or deposits an item using the Service.
The Kharry I.D. associated with your account is the property of Kharry or its affiliates, and is not your personal information.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
During registration for a Kharry I.D., you will select a password and Kharry I.D. Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify Kharry of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session.Kharry will not be liable for any loss or damage arising from your failure to comply with Section 5.
6. RESPONSIBILITIES OF KHARRY AND ITS MEMBERS
6.1 Quality control
Kharry does not perform background checks on its members, cannot be responsible for the behavior of its members or any criminal acts committed by them before, during or after a travel or departure, and does not verify or validate the veracity of the information submitted that is unrelated to traveler's license information.
Kharry is committed to handling within reasonable time any breach of the Charter of Responsibilities for Members that is brought to its attention. Kharry maintains control over the Content that is sent and displayed to members in order to promote the reliability of the Service, but does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kharry be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
6.2 Rules of Conduct for Traveler (Kharrier) Members
Any breach of the Charter of Responsibilities for Members could result in the suspension of your account or in the permanent closing of your account and membership. As a traveler (Kharrier) member of our service, you agree to:
1. Provide true and accurate information in your travel postings and designate clear meeting places for your senders;
2. Follow the indications and information you included in the travel postings;
3. Arrive at the meeting place at least 10 minutes prior to the departure time defined in your travel posting;
4. Inform Kharry of any cancellation at least 24 hours prior to the scheduled departure time for the travel or departure. Any last-minute cancellations could result in your account being suspended or your membership privileges being revoked;
5. Wait at least 10 minutes at the meeting place if one of your sender(s) is missing and inform Kharry of any missing sender(s);
6. Verify the identity of your senders and make sure the senders are the ones who reserved spaces;
7. Verify the content(s) of the item(s) given by the sender(s). Do not accept closed item(s);
8. Make sure of your meeting points (pick up from the sender and drop of with the receiver) are safe location previously agreed on;
9. If you are driving, abide by the Highway Safety Code for the jurisdiction(s) in which you are travelling;
10. If you are driving, maintain your vehicle in good working condition and verify its condition before each travel or departure;
11. If you are driving, have car insurance that covers the transport of senders;
12. If you are driving abide by the laws of your province or state and country regarding driving, carpooling, and travels or luggage sharing;
13. Be respectful of others and let Kharry know of any harmful or disrespectful behavior or any breach of the Rules of Conduct by senders;
14. Do not post travels with your Kharry account for anyone else other than yourself.
15. Advise Kharry administrators if another user infringes on the Terms of Service. In such circumstances, only the administrators can impose a fine to the users at fault.
6.3 Sender Members Rules of Conduct
Any breach of the Charter of Responsibilities for Members could result in the suspension of your account or in the permanent closing of your account and membership. As a sender member of our service, you agree to:
1. Arrive at the meeting place at least 10 minutes prior to the departure time defined in the travel posting;
2. Inform Kharry of any cancellation at least 24 hours prior to the scheduled departure time for the travel or departure. Any last minute cancellations could result in your account being suspended or your membership privileges being revoked;
3. Wait at least 15 minutes at the meeting place if your traveler (kharrier) is missing, and inform Bearer that your traveler (kharrier) is missing;
4. Make sure that the name of the traveler (kharrier) corresponds to the information that was relayed to you by Kharry;
5. Be respectful of others and let Kharry know of any harmful or disrespectful behavior or any breach of the Rules of Conduct by other senders or by your traveler(s);
6. Do not book spaces with your account for anyone else other than yourself;
7. Advise Kharry administrators if another user infringes on the Terms of Service.
6.4 Repeated Cancellations
Please note that repeated cancellations greatly reduce the overall reliability of the service for sender and traveler (kharrier) members alike. Kharry reserves the right to suspend your account and, if applicable, not reimburse the booking credits used for the transaction, after your third cancellation within the same year of membership.
6.5 Good Faith Clause
All participants in a travels or luggage sharing have the responsibility to ensure that the travel goes as smoothly as possible. A good-faith approach and adherence to the values of Kharry are required from all members, even if another member infringes on the terms of service. These values are: collaboration, care, and commitment to excellence.
A sender calls Kharry outside of our hours of operation to cancel a booking.
If the departure is imminent (the next morning, for example), we encourage the sender to inform the traveler (kharry) directly of the cancellation, by phone or by email. As a rule, the administrators inform travelers (kharriers) of cancellations by their senders. However, if the cancellation occurs outside of our opening hours, it is sometimes not possible for us to let the traveler (Kharrier) know before the departure time. In these cases, the collaboration of the senders who must cancel is encouraged. A traveler (Kharrier) calls Kharry outside of our hours of operation to cancel a trip.
If the departure is imminent (the next morning, for example), we encourage the traveler (Kharrier) to inform their senders directly of the cancellation, by phone or email. As a rule, the administrators inform senders of cancellations. However, if the cancellation occurs outside of our opening hours, it is sometimes not possible for us to let senders know before the departure time. In these cases, the collaboration of the travelers (Kharriers) who must cancel is encouraged.
6.6 General Rules of Conduct for Members
You agree that you will not use the Service to:
a. upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Kharry official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, provincial, national or international law, and any regulations having the force of law;
l. collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code;
m. "Stalk" or otherwise harass another;
n. Collect or store personal data about other users without their express consent, or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages
("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Kharry, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. Kharry does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kharry be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You acknowledge that Kharry does not pre-screen Content, but that Kharry and its designees have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Moreover, Kharry and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kharry or submitted to Kharry that is available on any part of the Service, including but not limited to information in Kharry forums or blog.
You acknowledge and expressly consent to Kharry accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Kharry, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Kharry and/or content providers who provide Content to the Service. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6.6.1 Behavior of Members towards kharry Staff
Kharry will not tolerate disrespectful behavior towards its staff. Disrespectful behavior includes but is not limited to any dialogue, action, or behavior that infringes on the dignity or the integrity of Kharry staff members.
6.7 Special Clause for Canada-U.S. Border Crossing
To facilitate border crossing between the U.S. and Canada, we ask all Kharry members to:
1. Be 18 years of age or older;
2. Be free of a criminal record in Canada or in the U.S.;
3. Have the required personal identification ready for presentation at primary inspection before arriving at the border.
The fees we charge for using our Services is 6% of the final transaction plus (3.9%+.30 cent) for PayPal fees. We may change our seller fees from time to time by posting the changes on the Kharry site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a sender, no fee is required to create an account or book a place.
You must have a payment method on file when posting through Kharry services and pay all fees and applicable taxes associated with our Services once the payment is due. (For example if the traveler (kharrier) fee is 10$ you will have to pay (10$+ (6%+3.9%+0.30cent)).
There is no cancellation fees if you decide qui leave Kharry.
If you are a traveler ( Kharrier), no fee is required to create an account and announce a trip.
You must have a payment method on file when posting through Kharry services, which Kharry will use to send your payment. (If for example your asking price is 10$ the sender will have to pay (10$+ (6%+3.9%+0.30 cent)) where 10$ will be deposited into your account.
There is no cancellation fees if you decide to leave Kharry.
Kharrier’s fees don't purchase exclusive rights to item exposure on kharry, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services.
8. SPECIAL REQUIREMENTS FOR INTERNATIONAL USERS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You also acknowledge that it is your responsibility to have personal, travel insurance for you and, if applicable, for the item(s) entrust to you by the sender(s), and abide by the current Canadian laws and local laws applicable in your province or Country of residence and / or destination concerning personal information, internet and data transmission from Canada and the province or state or country where you reside. Any breach of the agreement stated in the previous paragraph could be sanctioned according to Canadian law or other applicable laws and result in you being held accountable for your actions in a court of law.
9. CONTRIBUTIONS TO Kharry
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Kharry through its suggestion or feedback webpages, forums or blog, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Kharry is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Kharry shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Kharry may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Kharry without any obligation of Kharry to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Kharry under any circumstances.
You acknowledge and accept that Kharry does not do any background checks on its users, cannot be responsible for the behavior and personal conduct of its members or any criminal acts committed by them before, during and after using the service, and does not verify or validate the veracity of the information submitted by its members. You are solely responsible for your own protection and safety when engaging and communicating with other community members. Kharry is not responsible for any loss or damage or personal injury, physical, psychological or material, direct or indirect, that you, another member or a third party may incur before, while and after using the service, by using any information on this website, by the misuse of the service by other members or by information Kharry obtained by you or other members of the service.
You agree to indemnify and hold Kharry and its subsidiaries, affiliates, officers, employees, agents, co-branders, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Service (including the Bearer I.D. associated with your account), use of the Service, or access to the Service. You also agree not to be involved, directly or indirectly, with any activity that could compete with Kharry.
12. MODIFICATIONS TO SERVICE
Kharry reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kharry will not be liable to you or to any third party for any modification, suspension or cancellation of the Service.
13. TERMINATION AND RECYCLING OF ACCOUNTS
You agree that Kharry, in its sole discretion, may terminate your account or any part thereof, including your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if Kharry believes that you have violated or acted inconsistently with the letter or spirit of the TOS or other incorporated agreements or guidelines, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) cancellation or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud, and/or (i) nonpayment of any fees owed by you in connection with the Services. Kharry may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice.
You acknowledge and agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice and that Kharry may immediately deactivate or delete your account and all related Content associated with or stored in your account and/or bar any further access to such Content or the Service. Further, you agree that Kharry is not liable to you or any third-party for termination of your account, or termination of your access to the Service.
As Kharry IDs are the property of Kharry, upon termination of your account the KharryI.D. Previously associated with your account will become available to other Kharry users to select as their Kharry I.D.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, warranties, representations or conditions associated with such dealings, are solely between you and such advertiser. You agree that Kharry is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kharry has no control over such sites and resources, you acknowledge and agree that Kharry is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kharry is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. KHARRY PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Kharry or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
Consequently, you expressly understand and agree that:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KHARRY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. KHARRY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEARER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KHARRY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KHARRY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KHARRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service's website.
From time to time Kharry will send you notices through its newsletter to let you know about important changes to the Service or related services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
22. TRADEMARK INFORMATION
You agree that all of Kharry's trademarks, trade names, service marks and other Kharry logos and brand features, and product and service names are trademarks and the property of Kharry Inc. (the "Kharry trademarks"). Without Kharry's prior permission, you agree not to display or use in any manner the Kharry trademarks in any manner.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Kharry and govern your use of the Service, superseding any prior agreements, oral or written, between you and Kharry with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain Kharry services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
The TOS and the relationship between you and Kharry shall be governed by the laws of the province of Quebec and Canada without regard to its conflict of law provisions. You and Kharry agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Quebec, Canada.
Waiver and Severability of Terms
The failure of Kharry to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your Kharry account is non-transferable and any rights to your Kharry I.D. or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as Kharry may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.
The section titles of the above Terms of Service are used only to facilitate reading. They have no legal or contractual value.
Please report any violations of the TOS to our customer service agents.