Welcome to Cako, the premier technology platform connecting independent, licensed cannabis retailers (“Retailers”) with verified consumers (“Consumers”). This Terms of Service Agreement (“Agreement”) describes the terms and conditions that govern your use of Cako and its associated services, and constitutes a legal, binding agreement between you, HelloMyCako, and its subsidiaries and affiliates, including Wellness Shop, Inc. (“Cako Lifestyle”) (collectively, “Cako”).
THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND Cako TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. BY ENTERING INTO 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.
Acceptance of This Agreement
By using, accessing, or downloading the Cako Platform (defined below under the section entitled “The Cako Platform”), you hereby expressly acknowledge and agree to be bound by all of the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use the Cako Platform.
Amendments to This Agreement
Cako may, in its sole discretion, modify or update this Agreement, or any policies relating to the Cako Platform, from time to time. Please review this page periodically to ensure you are up-to-date with any changes. Any changes to this Agreement or associated policies will be published through the Cako Platform, and are effective upon the publishing of said modification or update. If we make material changes to this Agreement, we will notify you via the email address associated with your Account or by posting a notice on the Cako Platform. Continued use of the Cako Platform after any such changes shall constitute your acceptance of such changes.
For the purposes of this Agreement, the terms “cannabis” and “marijuana” are interchangeable, will be deemed under this Agreement to have the same legal meaning and significance, and do not encompass industrial hemp and products derived therefrom. “Industrial hemp” is defined by the Agriculture Improvement Act of 2018 as any part of the Cannabis sativa L. plant that contains less than 0.3 percent delta-9 tetrahydrocannabinol on a dry weight basis.
THE VIBE PLATFORM
Your use of the “Cako Platform” consists of the Application and the Service. You may access services Cako provides through the Cako website located at hellomycako.com, Driver mobile applications for iOS and Android mobile operating systems (the “Driver App”), Consumer mobile applications for iOS and Android, and any other websites, applications, programs, or tools provided, owned, or operated by Cako (collectively, the “Application”). Use of the Application may include ordering and receiving medical or adult-use cannabis and cannabis accessories via on-demand delivery from licensed Retailers (“Delivery Services”), ordering and receiving industrial hemp-derived products and accessories via Delivery, providing Delivery Services as an employee or independent contractor of a licensed Retailer (“Driver”), or any other services provided or facilitated by Cako including, without limitation, lead generation, logistical support, and customer engagement (collectively, the “Service”). Together, the Service and the Application are known as the Cako Platform.
DISCLAIMERS & ACKNOWLEDGMENTS
Cako Is A Technology Platform
You expressly agree and acknowledge that Cako (i) is a technology services provider; (ii) is not a licensed medical or adult-use cannabis Retailer, Brand (defined below in “Third-Party Providers”), or cultivator; (iii) does not itself provide Delivery Services to Consumers; (iv) does not employ or contract Drivers who provide Delivery Services; and (v) does not cultivate, manufacture, package, label, test, or sell medical or adult-use cannabis. It is the sole responsibility of the Retailer to offer its services to you in a legal and compliant manner, which are facilitated through its use of the Cako Platform. Cako has no responsibility or liability for any Delivery Services provided to you by Retailers or their Drivers, or provided by you as a Driver to Consumers.
Acknowledgment of Federal Law
Cako operates under applicable province laws. You expressly acknowledge and understand that marijuana (cannabis) is listed on Schedule I of the United Provinces Controlled Substances Act. Under the federal laws of the United Provinces of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. Pursuant to the Agricultural Improvement Act of 2018, industrial hemp is not listed on Schedule 1 of the Controlled Substances Act. You further acknowledge that medical use is not recognized as a valid defense under federal laws regarding marijuana. You also acknowledge and understand that the interprovince transportation of marijuana is a federal offense.
Acknowledgment of Provincial Law
You expressly acknowledge, agree, and understand that the use, possession, cultivation, manufacturing, transportation, and distribution of cannabis is illegal in your province of residence and in the province you are located unless all participants are acting completely within the scope of the province’s applicable laws.
Acknowledgment of the Laws of Your Location
While the Application or parts of the Cako Platform may be accessed from various locations, the Service is currently available only to Users and Retailers located in certain provinces, cities, counties, municipalities, and jurisdictions, determined at the sole discretion of Cako (“Service Area”). In all scenarios, you must abide by and follow the applicable laws of the province, city, county, municipality, or jurisdiction in which you are located in order to use the Cako Platform. You expressly acknowledge, agree, understand, and assume full responsibility for cooperating with the laws of your place of location while using the Cako Platform. Cako reserves the right to determine or change its Service Area in its sole discretion at any time.
You expressly acknowledge, agree, and understand that any statements relating to cannabis goods, accessories or any other products available on the Cako Platform (“Products”) have not been evaluated by the FDA. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. The Products available on the Cako Platform are not intended to diagnose, treat, cure, mitigate, or prevent any medical condition, illness, or disease in humans or animals. The information provided is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any Products.
USING THE VIBE PLATFORM
Your User Account
You agree to maintain accurate, complete, and up-to-date information in your Account and that we and others may rely on your information as accurate, current and complete. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired identification on file, may result in your inability to access or use the Service.
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 Cako in writing, you may only possess one Account.
Your participation in using the Cako Platform is for your sole, personal use. You agree that you are the sole authorized user of your Account, and you may not assign or otherwise transfer your Account to any other person or entity. Any attempt by another individual to use your Account may result in your inability to use the Service, and/or suspension from the Cako Platform. You are responsible for the use of your Account and Cako expressly disclaims any liability arising from the unauthorized use of your Account. If you suspect unauthorized access of your Account or any other breach of security, you agree to notify us immediately.
Cako reserves the right, in its sole discretion, to set the requirements for, or to suspend, disable, deny access to, or disallow the registration of your Account for any reason. If you believe your inability to access your Account or the Cako Platform has been made in error, please contact our Customer Support team. You acknowledge and agree that Cako shall not be liable to you or any third party for any termination of your access to the Cako Platform. The terms and conditions of this Agreement and the Cako Terms shall surCako and endure beyond any termination, deletion, or suspension of your Account, or if you cease using Cako Platform.
You must be at least 18 years old to use the Cako Platform, and must be at least 21 years old to use the Cako Platform to order, receive, or facilitate delivery of adult-use cannabis. By using the Cako Platform you expressly represent and warrant that you are at least 18 years old, are legally entitled to enter into this Agreement, and have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Users over the age of 18 but under 21 may, in certain circumstances determined by Cako, be permitted to order medical cannabis with a valid doctor’s recommendation pursuant to the laws of your jurisdiction. You acknowledge that Cako reserves the right to determine a minimum age for any User or Service Area in its sole discretion (“Qualifying Age”). You agree that if you are not of Qualifying Age while located in any Service Area, you are prohibited from using, and will not attempt to use, the Service.
By entering into this Agreement or using the Cako Platform, you expressly consent and agree to accept and receive communications from Cako and/or Retailers (including Drivers) that you transact with, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Cako.
By consenting to being contacted, you understand and agree that you may receive communications (including those generated by automatic telephone dialing systems and/or which will deliver pre recorded messages) sent by or on behalf of Cako, and/or Retailers (or their Drivers), including but not limited to: operational or transactional communications concerning your Account or use of the Cako Platform; updates concerning new or existing features of the Cako Platform; communications concerning Promotions (defined below) run by Cako, Retailers or third parties; and news or industry developments concerning Cako, Retailers, or third parties. Standard text messaging charges applied by your cell phone carrier will apply to text messages you receive.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, UNSUBSCRIBE FROM Cako’S PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, INCLUDING CLICKING THE UNSUBSCRIBE LINK PROVIDED AT THE BOTTOM OF THE EMAIL. IF YOU WISH TO OPT OUT OF PUSH NOTIFICATIONS YOU MAY DO SO THROUGH YOUR DEVICE SETTINGS. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO THE PHONE NUMBER YOU RECEIVED THE MESSAGE FROM.
YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE Cako PLATFORM. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM Cako (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), PLEASE CONTACT OUR CUSTOMER SUPPORT LINE AT 1-844-420-5420. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE Cako PLATFORM.
Electronic Records & Signatures
You agree that your electronic signature on the Cako Platform is the legal equivalent of your manual or paper signature. You consent to receive any communications, records, receipts, notices, agreements, documents, and disclosures provided by Cako regarding your Account and the Cako Platform electronically (collectively, “Electronic Communications”). We may provide these Electronic Communications to you via the Cako Platform, email, text message, push notification, chat, customer support, or other electronic communications.
In order to access and retain Electronic Communications, you will need at least the following computer hardware and software:
- A device with an Internet connection
- A current web browser with cookies enabled
- A valid email address
- Storage space to save past Electronic Communications on your device or an installed printer to print Electronic Communications
In order for us to send you Electronic Communications, you must ensure your contact information and email address is true, accurate and complete at all times. You acknowledge and agree Cako will be deemed to have provided Electronic Communications to you even if your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise are unable to receive Electronic Communications. You can update your contact information at any time by logging into your Account and updating your profile settings, or by contacting Customer Support.
You can withdraw your consent to receive Electronic Communications at any time by sending us an email with the subject line “Withdrawing E-Sign Consent” to lega[email protected] However, if you withdraw your consent to receive Electronic Communications, Cako reserves the right to immediately close your Account as we may be unable to properly facilitate your legal use of the Cako Platform.
Charges, Billing, & Refunds
You understand and acknowledge that you may incur fees or charges from Cako, Retailers, or other third parties in connection with the goods and services purchased or facilitated through the Cako Platform (“Charges”). All Charges will be identified in your cart prior to or during checkout, and in your receipt. Such Charges may include some combination of the following:
- Retail Price. The “Retail Price” of goods and accessories are displayed with that item on the Cako Platform. The displayed Retail Price may include discounts, promotions, and price reductions at the sole discretion of Cako. At checkout, the combined Retail Price of goods and accessories is the subtotal of an order as shown in your cart.
- Province Taxes. Retailers charge applicable “Province Taxes,” such as cannabis excise taxes, on sales of goods and accessories based on the province of your location, pursuant to province laws and regulations.
- Local Taxes. Retailers charge applicable “Local Taxes” on sales of cannabis goods and accessories. Local Taxes may be based on the city, county, municipality, or other jurisdictional location of your delivery address, the Retailer fulfilling your order, or both, pursuant to local laws and regulations.
- Sales Tax. Retailers charge applicable “Sales Tax” on all sales of goods and accessories. Sales tax may be based on the province, city, county, municipality, or other jurisdictional location of your delivery address, the Retailer fulfilling your order, or both, pursuant to applicable laws and regulations.
- Other Taxes. You may be charged additional taxes based on applicable laws and regulations. Such taxes may vary depending on the laws and regulations in place at the time of your purchase.
- Delivery Fee. You may be charged a “Delivery Fee” for each order you place.
- Cancellation Fee. After placing an order, you may cancel it through the Application, but you may be charged a “Cancellation Fee” in certain circumstances. You may also be charged if the Driver completing your order is unable to reach you to complete delivery.
- Service Fee. In some instances, you may be charged a “Service Fee” for some orders. A description for any applicable Service Fee will be available at checkout.
- Trust and Safety Fee. In some instances, you may be charged a “Trust and Safety Fee” for some orders. This fee, if applied, is collected to promote the safe and reliable operation of Retailers and their Drivers.
- Tips. You may elect to “Tip” your Driver in cash or through the Cako Platform where available.
- Other Fees. Additional fees and charges may apply to your orders as determined by Cako, the Retailers, and/or third parties with whom you transact. The description of any such fees will be available at checkout. Your bank may also charge additional fees.
Cako may change any Charges at its sole discretion and reserves the right to determine final prevailing pricing. Please note that pricing information published on the Cako Platform may not accurately reflect pricing. Cako may, at its sole discretion, make promotional offers with differing features and/or Charges to any individual or User. Such offers, unless made to you, have no bearing whatsoever on your use of the Cako Platform.
You may receive Promotions (defined below) or Referral Codes (defined below) that you can apply toward payment of certain Charges. Promotions or Referral Codes are only valid for use on the Cako Platform, and are not transferable or redeemable for cash except as required by law. Additional restrictions on Promotions or Referral Codes may apply as communicated to you in a relevant promotion.
All Charges are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Cako Platform, Cako’s decision to terminate your usage, any disruption to the Cako Platform, or any other reason whatsoever. If you are dissatisfied with any of the Products you receive, please contact Customer Support.
During your use of the Cako Platform, you may purchase goods and/or services from, correspond with, participate in the promotions of, or otherwise utilize third parties facilitating their business through the Cako Platform, including without limitation, (i) Retailers; (ii) manufacturers, cultivators, distributors, microbusinesses, or licensors who sell Products to, through, and/or as Retailers (“Brands”); (iii) advertisers, business partners, or affiliates; (iv) Payment Vendors; and (v) the respective employees of each of the preceding (“Third-Party Providers”). You agree and acknowledge that Cako is not a party to any transaction you enter into with any Third-Party Provider, unless otherwise indicated in this Agreement. Any such activity, and any terms, conditions, warranties, or representations associated with such activity is solely between you and the applicable Third-Party Provider. Cako and its licensors shall have no liability, obligation or responsibility for any such purchase, correspondence, promotion, or transaction between you and any Third-Party Provider. In no event shall Cako or its licensors be responsible for any content, products, services, or other materials on or available from Third-Party Providers.
Cako does not endorse any third-party advertisements, links, promotions, or websites linked through the Cako Platform, and in no event shall Cako or its licensors be responsible for any content, products, services or other materials on or available from such sites or Third-Party Providers. Certain Third-Party Providers may require you to agree to additional or different terms and conditions prior to your use of or access to their goods and/or services. Cako disclaims any and all responsibility or liability arising from such agreements between you and the Third-Party Providers.
Cako may make available materials by Third-Party Providers, such as their opinions, advice, statements, offers, other information or content concerning Cako or other materials made available through the Cako Platform (“Third-Party Materials”). Such Third-Party Materials are not provided by Cako and Cako is not responsible for the content of Third-Party Materials. The authors of the Third-Party Materials are solely responsible for such content. Cako disclaims responsibility for any loss or damage resulting from your reliance on information or other content posted by Third-Party Providers, whether on the Cako Platform or otherwise. We reserve the right, without any obligation, to monitor, remove or suspend any Third-Party Materials posted on the Cako Platform and remove any such material that, in our sole opinion, violates or is alleged to violate: (i) the law; (ii) this Agreement; (iii) the rights, or threatens to harm the safety or rights of Users or others.
The Cako Platform may contain third-party advertising and marketing. By agreeing to this Agreement, you agree to receive such advertising and marketing. Cako disclaims responsibility for any loss or damage resulting from or related to such advertising and/or marketing.
Cako attempts to be as accurate as possible in Product descriptions or images for Products available through the Cako Platform. However, Cako is not a Brand and does not itself package, test, or label the Products available on the Platform. Cako does not warrant that Product descriptions, images, or other Content (defined below) available on the Cako Platform is accurate, complete, reliable, current, or error-free.
You acknowledge and agree that Amounts (defined below) in Product descriptions on the Cako Platform are averages or estimates, and that Amounts may vary for individual items, packages, or orders that you receive. Amounts on the Cako Platform include without limitation the level (by weight, mass, volume, or percentage) of THC, CBD, other cannabinoids, and terpenes in a Product, the total weight, mass, or volume of a Product, the size, number of individual items, or servings, in a Product, and any other unit of measurement related to a Product.
Cako may, in its sole discretion, make available certain promotions or offers, which may at times be redeemed by entering promotional codes, that may confer discounts, price reductions, features, benefits, related to the Service, subject to any additional terms that Cako establishes (“Promotions”). Promotions may be offered by Cako, Retailers, Brands, or other Third-Party Providers on the Cako Platform. Each Promotion is a limited time offer and is valid only for the time specified therein. Unless otherwise specified on the Promotion itself, you may only use one Promotion per Account, per day.
Each Promotion (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, resold or transferred in any manner, made available to the general public (whether posted to a public form or otherwise) or combined with any other offers unless otherwise permitted by Cako; (iii) may only apply to qualifying items and may require a minimum dollar order purchase; (iv) may be modified, disabled, or withdrawn by Cako at any time for any reason or no reason without liability to Cako; (v) is not valid for cash or credit, has no monetary value, and cannot be applied after an order is submitted; (vi) may expire prior to your use; and (vii) is void where prohibited by law. If you violate any of the Promotion terms, the Promotion will be invalid.
Cako, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any Users or groups of Users determined solely by Cako. These Promotions, unless made to you, shall have no bearing whatsoever on your use of Cako, or any Promotions offered to you.
Unless otherwise indicated by Cako, Promotions do not apply to taxes, fees, or any Charges other than Retail Price. Taxes and fees may apply to the full value of Products subsequently reduced in price by a Promotion.
Cako may, in its sole discretion, create referral links or codes (“Referral Codes”) that may be redeemed for discounts on future Services, or other features or benefits related to the Service, subject to any additional terms that Cako establishes. You agree that Referral Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, resold, or transferred in any manner, made available to the general public (whether posted to a public form or otherwise) or combined with any other referral codes, promotional codes or other promotions, discounts, coupons, or any other Cako offers, unless in each case expressly permitted by Cako; (iii) may be disabled or withdrawn by Cako at any time for any reason or no reason without liability to Cako; (iv) may only be used pursuant to the specific terms set forth in the Program Rules; (v) are not valid for cash or credit; and (vi) may expire prior to your use. Cako reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Referral Codes by you or any other User in Cako’s sole discretion, including, without limitation, in the event that Cako determines or believes that the use of the referral system or use or redemption of the Referral Code was in error, fraudulent, illegal, or otherwise in violation of the Program Rules. The Program Rules are incorporated herein by reference. Please refer to them for the full terms and conditions applicable to your use of Referral Codes.
Mobile Data Fees & Usage
Cako is not responsible for any fees or usage charges related to your access of the Cako Platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the Cako Platform from a device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Cako Platform and any updates thereto. Cako does not guarantee that the Cako Platform, or any portion thereof, will function on any particular network, hardware, or devices.
PRIVACY & CONFIDENTIALITY
You agree not to use, disclose, or permit disclosure of, for any purpose other than as stated in this Agreement, (i) any technical, financial, strategic, and other proprietary and confidential information or data relating to Cako’s business, operations, and properties; (ii) the technical, financial, strategic, and other proprietary and confidential information or data relating to the business, operations, or properties of any Retailer, Brand, or other Third-Party Provider; (iii) the User Data, PII, or any other information or data related to any other User; (iv) any non-public information of Cako, any Retailer, Brand, or other Third-Party Provider, or any User that such party designates as being proprietary or confidential, or of which the other party should reasonably know that it should be treated as confidential (collectively, “Confidential Information”). You agree that all Confidential Information shall remain the exclusive property of the disclosing party. You agree not to disclose or permit disclosure of any Confidential Information to third parties for any purpose except as permitted under the Cako Terms, to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information, to prevent Confidential Information from falling into the public domain, and to return or destroy all Confidential Information of the disclosing party upon termination of this Agreement or at the request of the disclosing party subject to applicable law. In the event Confidential Information is required to be disclosed pursuant to the order or requirement of a court administrative agency, or other governmental body, you agree to provide prompt notice of such court order or requirement to Cako to enable Cako to seek a protective order or otherwise prevent or restrict such disclosure.
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (i) is or becomes part of the public domain at a time it is intentionally disclosed by Cako or has entered the public domain through no act or omission on the part of the receiving party; (ii) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (iii) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (iv) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
With respect to your use of the Cako Platform, you agree you will not:
- Impersonate any person or entity
- Stalk, threaten, or otherwise harass any person, or carry any weapons
- Violate any law, statute, rule, permit, ordinance, or regulation
- Post, email, upload, deploy, send, or otherwise make available (“Transmit”) any text, graphics, images, music, software, audio, video, code, files, programs, information or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, hateful, violent, pornographic, defamatory, libelous, invasive of another’s privacy, harmful to minors in any way, or otherwise offensive
- Transmit any Content that advertises any illegal service or the sale of any items which are prohibited by the laws of your province of location, or any other jurisdiction of your location
- Access the Cako Platform using unauthorized means, unauthorized applications, or an unauthorized device; or Transmit any Content that attempts to gain unauthorized access to Cako’s computer systems, networks, servers, software, hardware, telecommunications equipment, or any other internal or external Cako infrastructure (the “Cako Network”)
- Interfere with, disrupt, diminish the quality or performance of, or impair the functionality of the Cako Platform or the Cako Network, or Transmit any Content designed to do the same
- Surreptitiously intercept or expropriate any system, data, personal information, or any portion of the Cako Network or the Cako Platform
- Use the Cako Platform in any way that infringes Cako’s or a third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy
- Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Cako Platform or the Cako Network
- Rent lease, lend, sell, redistribute, license or sublicense the Cako Platform or access to any portion of the Cako Platform
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, crawl, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Cako Platform or its contents
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Cako Platform
- “Frame” or “mirror” any part of the Cako Platform without Cako’s prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose
- Use the Cako Platform to design or develop a competitive or substantially similar product or service
- Use the Cako Platform to copy or extract any features, functionality, or Content
- Link directly or indirectly to any other websites
- Transfer or sell your Account, password, username, or identification to any other party
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation
LICENSING AND INTELLECTUAL PROPERTY
Limited License Granted By Cako
Subject to your compliance with the terms and conditions of this Agreement, Cako hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Cako Platform only as permitted by its functionality. This license permits you to download and install a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application solely for your own personal, non-commercial use. This license extends to the Driver App only to the extent that and during the time in which you are employed or contracted by a Retailer, and have agreed to the Driver App Terms. Cako may terminate this license at any time for any reason or no reason.
You will not use, copy, adapt, modify, prepare derivative works based upon, reverse engineer, decompile, disassemble, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Cako Platform, Content, or Confidential Information, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cako or its licensors, except for the licenses and rights expressly granted in this Agreement.
Furthermore, with respect to any form of the Application accessed through or downloaded from the Apple App Store, Android Market, Google Play Store, Amazon App Store, BlackBerry App World, Samsung Apps Store, Nokia OVI store, Windows marketplace for Mobile, or any online marketplace, you will use that version of the Application as permitted by any “Usage Rules” set forth in the respective third-party terms of service or use applicable to such version of the Application. Cako disclaims any and all responsibility or liability arising from such agreements between you and such third parties. Cako reserves all rights in and to the Cako Platform not expressly granted to you under this Agreement.
License Granted By User
The Cako Platform may allow you to post or submit feedback, comments, questions, and other content or information that a User submits, posts, uploads, or otherwise makes available on or through the Cako Platform (“User Content”). You are solely responsible for, and the sole owner of the User Content that you upload, publish, display, link to, or otherwise make available on the Cako Platform, and agree Cako is acting only as an interactive computer service for your publication of such User Content.
By making available any User Content, you hereby grant Cako a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right and license, with the right to sublicense through multiple tiers, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, distribute, broadcast and otherwise exploit such User Content in any media or format, or to prepare derivative works or incorporate into other works such User Content in any media or format. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you do not acquire any rights to any research or commercial products that may be developed by Cako or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through or to the Cako Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available or you have all rights, licenses, consents and releases that are necessary to grant Cako the above license to such User Content; and (ii) neither the User Content itself, you making it available, or Cako’s use of the User Content will infringe, misappropriate or violate any third party rights, including, without limitation, any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Cako reserves the right, but is not obligated, to review, monitor, reject or remove any User Content, at Cako’s sole discretion at any time and for any reason, without notice to you.
Intellectual Property Ownership
Cako (and its licensors where applicable) owns all intellectual property rights in and related to the Cako Platform absolutely and in their entirety. You acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you relating to the Cako Platform are non-confidential and shall become the sole property of Cako. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Cako Platform, or any intellectual property rights owned by Cako. Any trademarks, logos, service marks, company or product names displayed through the Cako Platform are trademarks of Cako or third parties, and no right or license is granted to use them.
Other than as specifically permitted by Cako, you are not permitted to use or reference in any manner Cako’s, its Brand and Retail partners, or any of their licensors’ company names, logos, product and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the “Cako Marks and Names”) for any commercial purposes. You agree that you will not: (i) try to register or otherwise use and/or claim ownership in any of the Cako Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services; (ii) take any other action that would jeopardize or impair Cako’s rights as owner of the Cako Marks and Names or the legality and/or enforceability of the Cako Marks and Names, including, challenging or opposing Cako’s ownership in the Cako Marks and Names; or (iii) use the Cako Marks or Names on or in connection with any product, service, or activity that is in violation of any law, statute, government regulation or standard. Violation of this license may result in immediate termination of your license, at the sole discretion of Cako.
You and Cako agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Cako Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and Cako are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Cako otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will surCako any termination of this Agreement.
By entering into this Agreement and using the Cako Platform, you agree to defend, indemnify and hold Cako, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of any term of this Agreement, the Cako Terms, or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, including Users, Retailers, Brands, or other Third-Party Providers; (iii) your use or misuse of the Cako Platform or Products available therein; (iv) if you are a Driver, your actions or omissions arising from the performance of Delivery Services or access or use of the Driver App.
Disclaimer Of Warranties
Cako MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE Cako PLATFORM. Cako DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE Cako PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE Cako PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Cako PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE Cako PLATFORM WILL BE CORRECTED, OR (F) THE Cako NETWORK OR OTHER ASPECTS OF THE Cako PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE Cako PLATFORM IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Cako. Cako MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE Cako PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE Cako PLATFORM, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BY USING THE Cako PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE Cako PLATFORM.
The Cako Platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Cako does not guarantee the availability or uptime of the Cako Platform. You acknowledge and agree that the Cako Platform may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, Delivery Services from Retailers may be subject to limitations, delays, and other problems inherent in physical delivery, and neither Cako nor Third-Party Providers are responsible for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.
Limitation Of Liability
IN NO EVENT SHALL Cako, INCLUDING ITS LICENSORS, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “Cako” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). Cako SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE Cako PLATFORM, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE Cako PLATFORM, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, RETAILER, BRAND, SPONSOR, OR OTHER THIRD-PARTY PROVIDER WHOSE ADVERTISING APPEARS ON THE Cako PLATFORM OR IS REFERRED THROUGH THE Cako PLATFORM, EVEN IF Cako HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cako MAY INTRODUCE YOU TO RETAILERS, BRANDS OR OTHER THIRD-PARTY PROVIDERS FOR THE PURPOSES OF PROVIDING DELIVERY SERVICES. Cako WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY RETAILER, BRAND, DRIVER, OR OTHER THIRD-PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE Cako FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO SUCH THIRD PARTIES. YOU ACKNOWLEDGE THAT RETAILERS PROVIDING DELIVERY SERVICES REQUESTED THROUGH THE Cako PLATFORM MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. Cako WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTIES. Cako CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND A THIRD PARTY, INCLUDING THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE Cako PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE PROVINCE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER PROVINCE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Cako may give notice by means of a general notice on the Cako Platform, email, telephone, text message or by written communication sent by first class mail or pre-paid post to your address on record in 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). You may give notice to Cako (such notice shall be deemed given when received by Cako) at any time by sending an email to: [email protected] Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
This Agreement may not be assigned by you without the prior written approval of Cako but may be assigned without your consent by Cako to: (i) a parent or subsidiary; (ii) an acquirer of assets; (iii) a successor by merger; or (iv) any third party that assumes Cako’s rights and obligations under this Agreement. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Cako Platform nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Cako Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Term For Cause Of Action
You and Cako 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 Cako Platform or the Cako Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise such claim or cause of action is permanently barred.
No joint venture, partnership, employment, or agency relationship exists between you, Cako, or any third party as a result of this Agreement or use of the Cako Platform. If any provision of the Agreement is held to be invalid or unenforceable, you and Cako agree that such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Cako to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cako in writing.
This Agreement (including the Cako Terms) constitutes the entire agreement between you and Cako and governs your use of the Cako Platform, superseding any prior agreements between you and Cako. This Agreement and the relationship between you and Cako shall be governed by the laws of the Province of California without regard to its conflict of law provisions. In the event that either you or Cako commence a court action, any such action shall be brought exclusively in the province or federal courts located in San Francisco County, California, and you and Cako both submit to personal jurisdiction there. The section titles or headings in this Agreement are for convenience only and have no legal or contractual effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form..