Terms of Service

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Last Revised: May 1, 2023

1. OVERVIEW

These Terms of Service (the “Agreement”) form a binding legal agreement between you as K-Go users (“Users” or “you”) and 102074315 Saskatchewan Ltd., its subsidiaries, representatives, affiliates, officers, directors, employees, agents, and assigns (collectively, “K-Go” or the “Company” or “we” or “us” or “our”). This Agreement governs your access and use of our websites, mobile application, and related K-Go content and services (collectively, the “K-Go Platform”). 

By accessing or using any portion of the K-Go Platform, you signify and acknowledge that you have read, understand and accept this Agreement. You may only access or use the K-Go Platform if you agree to the terms of the Agreement and abide by all applicable laws, rules and regulations.

2. K-GO PLATFORM 

K-Go provides a service which allows Users to connect, arrange for, and schedule transportation services (a “Ride” or “Rides”) for Riders. When referring to “Users”, we mean those persons who apply to be drivers with K-Go, and/or those persons who become drivers with K-Go (“Drivers” or “Driver”) and those parents or guardians, who are legally authorized to book Rides for Riders (“Guardians” or “Guardian”). When we refer to riders, we mean those minor children between the ages of 5 and 17 (“Riders” or “Rider”). 

In order to access the K-Go Platform, Users must register for, and maintain, an active User account (“Account”). The K-Go Platform may only be used by individuals who have the right and authority to enter into this Agreement, and who are fully able and competent to satisfy the terms, conditions and obligations herein. By becoming a User, you represent and warrant that you are at least 18 years old. In addition, all Drivers must be at least 21 years old. If you are acting as a Guardian, you represent that you are fully authorized to execute this Agreement to arrange for Rides on behalf of a Rider. Any Ride provided to a person younger than eighteen (18) years of age and requested by an authorized Account is presumed to be an authorized User of the K-Go Platform. K-Go shall not be required to verify the identity or age of any user of an Account prior to the provision of the Rides.

Each Account registration requires you to submit certain personal information to K-Go. You agree to maintain accurate, complete, and up-to-date personal and payment information in your Account. If you fail to do so, you may lose your ability to access and use the K-Go Platform and/or we may terminate this Agreement with you. 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.

Guardians: In order to access and use the K-Go Platform, each Guardian will be required to create an account (“Account”).  As a Guardian, you have the ability to add Riders for whom you will be arranging the Rides. To facilitate the Rides, you will be required to provide certain information about the Rider(s) such as name, photo identification, height and weight, password preferences, and pickup and drop-off details. 

Drivers: Each Ride provided by a Driver to a Rider shall constitute a separate agreement between such persons. Drivers must create an Account and be certified by K-Go to become a Driver. Drivers will be required to provide certain personal information to us and other third parties in order to be verified and eventually become Drivers. 

Carpool: Shared rides (a “Carpool”) are available through the K-Go Platform. To initiate a Carpool, a Guardian must invite at least one other Guardian to join the Ride. Guardians can set up a single Carpool or recurring Carpools. Each Guardian, as applicable, is responsible for their portion of the fare upon completion of the ride in accordance with our standard Changes. Guardians can accept multiple Carpool invitations.

3. PERSONAL INFORMATION AND PRIVACY

You understand and agree that your use of, and access to, the K-Go Platform is conditional upon the collection of personal information from you to verify your identity, create your Account, and/or certify you as a Driver. Our Privacy Policy forms a part of this Agreement and further explains how we treat information collected and received from you when you use and interact with the K-Go Platform. Please read the Privacy Policy carefully to understand how your personal information may be collected, used, stored and disclosed.

4. MODIFICATION TO THE AGREEMENT

We are always looking for ways to improve the K-Go Platform and may add, change, or remove features or offerings at any time. When we do so, we will update this Agreement and such changes will only be binding on you upon you acceptance of the modified Agreement. Continued use of the K-Go Platform after any changes shall constitute your consent and acceptance of such changes. 

5. PRICING

K-Go reserves, at its sole discretion, the right to change, modify, cancel or replace these Pricing Terms at any time or without notice.
 

Charges to Guardians

Pre-Booked Rides and On-Demand Rides: Pre-Booked and On-Demand Rides (as soon as 45 minutes) can be arranged through the K-Go Platform. You will receive a fare estimate in the App upon scheduling the ride. Pricing is based on estimated mileage, actual time, the number of families participating in a Carpool (if applicable), a booking fee, and local operating fees (rideshare surcharge) in cities, municipalities or provinces that require them. We base our mileage estimates on Google Maps and billing begins when the ride starts or at the scheduled start time (whichever happens first) and ends after the Rider is safely dropped off. If you schedule Rides with complicated pick-up or drop off notes or ask your Driver to wait, it may add time to your Ride and subsequently increase the cost of the Ride. Refunds will not be provided for variations on the estimate fare provided when you book your Ride.

You consent and agree that your use of the K-Go Platform, as well as any service requests submitted by the use of your Account will result in charges to you for the services requested from and provided through the K-Go Platform (collectively, the “Charges”). Charges will be inclusive of ride cancellation fees, surcharges, and applicable taxes. All Charges become due and payable immediately upon completion of the Ride, or immediately upon your cancellation of a requested Ride. Charges paid by you are final and non-refundable, and applies at all times regardless of any disruption to the K-Go Platform or any other reason. All Charges will be immediately fulfilled, and payment will be obtained by K-Go using the preferred payment method designated by you and associated with your Account, after which K-Go will send you a receipt by email or other electronic message format. 

Cancellation Fee:  After requesting a Ride, you may cancel it through the K-Go Platform, but please note that in certain cases, a cancellation fee may apply. For more information, please check out K-Go Cancellation Policy.

No Shows: 100% of the fare will be charged to a Guardian for Riders who do not show up for the Ride. 

Damage Fee: If a Driver files a report that a Rider has damaged the Driver’s vehicle, the Guardian agrees that it shall be fully responsible for the cost of any repair or cleaning that results from the use of the Ride, normal wear and tear excepted (“Repair or Cleaning”). If K-Go decides, in its sole discretion, that your Rider caused damage to a Driver vehicle that requires Repair or Cleaning, K-Go reserves the right to obtain payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. You consent and agree to pay for such Charges. Such amounts will be charged to you by K-Go and shall be immediately due and payable. You agree to indemnify K-Go for such expenses and all reasonable attorney fees that may be associated with recovering such Charges. 

Payments to K-Go Drivers

Drivers are entited to payment for the services they provide for Guardians or other users, as provided in the Terms of Service and Pricing and Payment Terms and any additional terms that apply to your municipality or province. The Driver Fees consists of a base fare (dependent on market) and a combination of estimated mileage and actual time. K-Go calculates and determines the Driver Payment after each ride. This may vary from the Ride Fee or other charges due and collected from Guardians or users. Drivers agree to pay K-Go (and permit K-Go to retain) a “K-Go Platform Fee” based on each ride you provide in exchange for use of the K-Go Platform. K-Go Platform fees vary from market to market and are the difference between Ride Fees and these Driver Fees. 

At the time of accepting a booking, Drivers see the estimated Driver Fee for that ride. The actual payment may differ based on actual time of the ride and any changes to the ride details like: changes to the pick-up time, changes to the pick-up or drop-off location, a change from a single family to carpool ride. Based on our cancellation policy, the following apply to Driver Fees: 

Pre-Booked Rides:

• If an accepted ride is canceled within an hour of the pre-booked ride time, the Driver will be paid 100% of the estimated earned fee.
• If a ride is cancelled within 6 hours of a pre-booked (and Driver accepted ride), the Driver will be paid 50% of the estimated earned fee.
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Rides Scheduled Immediately (45 minutes minimum):

If a ride is cancelled more than 5 minutes after a Driver has accepted a ride, a $8 cancellation fee will be charged and paid to the Driver. 

Ride No Shows: 100% of the estimated earned fee will be paid to the Driver.

 

6. PAYMENT

Charges and Driver Payments are facilitated through a third-party payment processor. At this time, we currently use Stripe. K-Go may change its third-party payment processor from time to time, and these changes will be made through the K-Go Platform. Given that Charges are done through a third-party payment processor, all information supplied to such a provider will be collected and processed pursuant to the terms of that third party’s privacy policy. We recommend that you familiarize yourself with that third party’s privacy policy, so that you understand how your payment information may be collected, used, processed and stored. 

7. RESTRICTED ACTIVITIES

We hope to make your lives easier by granting you access to the K-Go Platform. In exchange, you understand and agree that you will not:

• upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
• use the K-Go Platform for any purpose in violation of local, provincial, national or international laws;
• attempt to disable, "hack" or otherwise interfere with the proper functioning of  the K-Go Platform;
• access or attempt to access any other User’s account;
• impersonate any person or  entity; 
• stalk, threaten, or otherwise harass any person, or carry any  weapons; 
• post information or interact on the K-Go Platform in a manner which  is fraudulent, libelous, abusive, obscene, profane, inappropriately sexually oriented, harassing, or illegal; 
• use the K-Go Platform in any way that infringes any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the K-Go Platform; 
• modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the K-Go Platform; 
• use any other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the K-Go Platform or its contents; 
• link directly or indirectly to any other web sites; 
• transfer or sell your User account, password and/or identification, or any other User's Account information 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; or
• cause any third party to engage in the restricted activities above.  
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8. COMMUNICATIONS FROM K-GO

As part of your use of the K-Go Platform, we may send you informational text (SMS) messages and emails as part of the normal business operation of your use of the K-Go Platform. Further, you expressly consent and agree to accept and receive communications from K-Go, including via e-mail, text message, calls, and push notifications to the cellular telephone number and e-mail you provide to K-Go. By consenting to being contacted by K-Go you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of K-Go, including but not limited to: operational communications concerning your Account or use of the K-Go Platform, updates concerning new and existing features on the K-Go Platform, communications concerning promotions run by K-Go or our third party partners, details about Rides and Guardians/Riders, and news concerning K-Go. You may opt out of the communications; however, opting out may limit your ability to use the K-Go Platform and may preclude you from acting as a Driver and using the K-Go Platform. 

9. THIRD PARTY SERVICES AND CONTENT

Software and mobile device manufacturers and telecommunications networks are third-party beneficiaries to this Agreement if you access the K-Go Platform using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the K-Go Platform in any manner. Your access to the K-Go Platform using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. 

10. PROMOTIONS AND REBATES

K-Go may, at its sole discretion, make promotions, referral programs and/or loyalty programs available to its Users. K-Go reserves the right to terminate or cancel any such promotions at any time without notice to you. 

11. GUARDIAN’S RESPONSIBILITIES

By participating in the Rides as a Guardian, you represent, warrant, and agree that you:

• have the right and authority to enter into this Agreement and are fully able  and competent to satisfy the terms, conditions and obligations herein;
• are at least 18 years old; 
• arfully authorized to execute this Agreement to arrange for Rides on behalf of a Rider;
• will  keep up to date information about your Rider(s); and
• will provide your Rider(s) with the correct safeword(s) for Rides.

12. DRIVER’S RESPONSIBILITIES

By providing Rides as a Driver on the K-Go Platform, you represent, warrant, and agree that you: 

• have  the right and authority to enter into this Agreement and are fully able  and competent to satisfy the terms, conditions and obligations herein;
• are at least 20 years old and have a minimum of five (5) years of  driving experience;
• possess a valid driver’s license and are authorized and medically fit to operate a      motor vehicle and have all appropriate licenses, approvals and authority  to provide transportation to Riders in all jurisdictions in which you provide Rides;
• own, or have the legal right to operate, the vehicle you use when providing Rides and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and provincial requirements for a vehicle of its kind,      and any and all applicable safety recalls have been remedied per manufacturer      instructions;
• will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive,  permit an unauthorized third party to accompany you in the vehicle while  providing Rides and that you will not be under the influence of alcohol or  drugs, or take action that harms or threatens to harm the safety of the K-Go      community or third parties;
• You will only provide Rides using the  vehicle that has been reported to, and approved by K-Go, and for which a photograph has been provided to K-Go, and you will not transport more passengers than  can securely be seated in such vehicle (and no more than seven (7) passengers in any instance);
• will not, while providing the Rides, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, or other      means, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement;
• will not attempt to defraud K-Go or  Riders on the K-Go Platform or in connection with your provision of Rides.  If we suspect that you have engaged in fraudulent activity we may withhold applicable payments for the Rides in question and take any other action      against you available under the law;
• agree that we may obtain information about you, including your criminal and driving records, and you agree to   provide any further necessary authorizations to facilitate our access tosuch records during the term of the Agreement;
• have a valid policy of liability      insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Rides; 
• agree to abide by and remain  knowledgeable about K-Go’s Code of Conduct, Zero Tolerance Policies and Policies and  Procedures/Driver Handbook, as updated from time to time; and
• will pay all applicable federal, provincial and local taxes based on your provision of Rides and any payments received  by you. 

13. DISCLAIMERS AND LIMITATION OF LIABILITY

THE K-GO PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” K-GO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, IN ADDITION, K-GO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE K-GO PLATFORM OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE K-GO PLATFORM, OR THAT THE K-GO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE K-GO HAS A STRICT DRIVER SCREENING PROCESS, K-GO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF K-GO DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE K-GO PLATFORM, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THIS PROVISION ALSO APPLIES TO, WITHOUT LIMITATION, ANY BOOSTER SEATS THAT MAY BE PROVIDED BY K-GO OR THE INSTALLATION OF SUCH BOOSTER SEATS BY DRIVERS. 

K-GO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE K-GO PLATFORM, EVEN IF K-GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. K-GO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE K-GO PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE K-GO PLATFORM; OR (ii) FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND K-GO’S REASONABLE CONTROL. IN NO EVENT SHALL K-GO BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR LOSS, DAMAGE, OR DELAY, INCLUDING WEATHER DELAYS.

K-GO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE K-GO PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DO NOT PROCURE INSURANCE FOR, NOR ARE WE RESPONSIBLE FOR, PERSONAL BELONGINGS LEFT IN THE CAR BY DRIVERS OR RIDERS. BY USING THE K-GO PLATFORM AND PARTICIPATING IN THE RIDES, YOU AGREE TO ACCEPT SUCH RISKS AND AGREE THAT K-GO IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS ON THE K-GO PLATFORM OR PARTICIPATING IN THE RIDES.

14. INDEMNITY

You agree to indemnify and hold K-Go harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the K-Go Platform; (ii) your breach or violation of any part of this Agreement; or (iii) your violation of the rights of any third party.

15. TERM AND TERMINATION

This Agreement is effective upon your creation of an Account or application to become a Driver. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to K-Go; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. K-Go may terminate this Agreement or deactivate your Account immediately in the event: (a) you no longer qualify to provide Rides or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (b) K-Go has the good faith belief (in their sole and absolute discretion) that such action is necessary to protect the safety of the Users or third parties, provided that in the event of a deactivation, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to K-Go’s reasonable satisfaction prior to K-Go permanently terminating the Agreement. If the breach is cured in a timely manner and to K-Go’s satisfaction, this Agreement will not be permanently terminated, but the Account will be suspended pending cure of any breach. 

16. CONFIDENTIALITY

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to K-Go’s business, operations and properties, information about a User made available to you in connection with such User’s use of the K-Go Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by K-Go or a User for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the K-Go Platform any Confidential Information obtained from the K-Go Platform. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of the K-Go Platform in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to K-Go with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by K-Go or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of K-Go; becomes known to you, without restriction, from a source other than K-Go without breach of this Agreement by you and otherwise not in violation of K-Go’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to K-Go to enable K-Go to seek a protective order or otherwise prevent or restrict such disclosure.

17. INTELLECTUAL PROPERTY

K-Go logos, designs, graphics, icons, scripts and service names are registered trademarks of K-Go in Canada and in the United States and/or other countries (collectively, the “K-Go Marks”). If you provide Rides as a Driver, K-Go grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the K-Go Marks, and any other K-Go-Branded items provided by K-Go directly to you in connection with providing the Rides ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without K-Go’s prior written permission, which it may withhold in its sole discretion. The K-Go Marks may not be used in any manner that is likely to cause confusion, including but not limited to: use of a K-Go Mark in a domain name or K-Go referral code, or use of a K-Go Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Driver on the K-Go Platform, but may not misidentify yourself as K-Go, an employee of K-Go, or a representative of K-Go. 

You acknowledge that K-Go is the owner and licensor of the K-Go Marks, including all goodwill associated therewith, and that your use of the K-Go Marks will confer no interest in or ownership of the K-Go Marks in you but rather inures to the benefit of K-Go. You agree to use the K-Go logo strictly in accordance with K-Go’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that K-Go determines to be nonconforming or otherwise unacceptable.

18. RELATIONSHIP BETWEEN DRIVERS, RIDERS AND K-GO

As a Driver, you acknowledge and agree that the relationship between Users and K-Go under this Agreement is solely that of independent contracting parties. You retain the sole right to determine when, where, and for how long you will utilize the K-Go Platform. Drivers retain the option to accept or to decline or ignore an Guardian’s request for Rides, or to cancel an accepted request for Rides via the K-Go Platform, subject to K-Go’s then-current cancellation policies. You acknowledge and agree that you have complete discretion to provide Rides or otherwise engage in other business or employment activities. No employment relationship, joint venture, franchise, partnership, or agency relationship is intended or created by this Agreement. As a Driver, you have no authority to bind K-Go and agree that you shall not hold yourself out as an employee, agent or authorized representative of K-Go. 

19. GENERAL

Governing Law & Venue. This Agreement will be governed by and construed and enforced in accordance with the laws of the province of Saskatchewan without giving effect to the conflict of laws rules or choice of laws rules thereof. The venue for any action arising hereunder shall be in the City of Saskatoon in the province of Saskatchewan. 

No Bailment. Under no circumstances will K-Go accept any responsibility or obligation to act as a bailee for any control or possession of a Rider’s personal property. Nothing contained in this Agreement, nor your acceptance or use of the K-Go Platform, nor any representation by K-Go or Drivers will be construed to create a relationship of bailment. The Rider remains solely responsible for the safe keeping of his or her possessions and personal property. K-Go shall have no obligation for the safe keeping of any lost, misplaced, or left behind valuables or personal property. 

Notice. K-Go may give notice by means of a general notice on the K-Go Platform, SMS messaging, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address 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 or SMS). You may give notice to K-Go, with such notice deemed given when received by K-Go, at any time by first class mail or pre-paid post to: K-Go, Innovation Place
127A – 116 Research Drive, Concourse Business Center, Saskatoon, SK. S7N 3R3 

General. You may not assign this Agreement without K-Go’s prior written approval. K-Go may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of K-Go’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, K-Go as a result of this Agreement or use of the Services. 

Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. K-Go’s failure 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 K-Go in writing.