Paid Provider Supplemental Terms

Effective date: August 25, 2015.

These Paid Provider Supplemental Terms ("Paid Provider Terms") are intended to supplement the Terms of Use for Kango and apply to all Paid Providers authorized to use the Kango Services for the purpose of providing transportation and child care services.

Remember that each Paid Provider's use of Kango's Services is at all times subject to the Terms of Use (https://www.kangoapp.com/terms.html) which incorporates this Paid Provider Supplemental Terms Policy. Any terms we use in these supplemental terms without defining them have the definitions given to them in the Terms of Use (https://www.kangoapp.com/terms.html) .

Paid Provider Application

Users who wish to become a Paid Provider must submit an application to Kango. We do not make any guarantees or commitments to individuals who want to become Paid Providers that they will become Paid Providers and we make decisions in this regard in our sole discretion. We reserve the right to perform background checks, including criminal and motor vehicle background checks, either ourselves or through third party service providers, to determine whether to grant an individual access to the Services as a Paid Provider. As a condition of your use of our Services as a Paid Provider, and where requested by Kango, you agree to provide any required or applicable signed consent to enable Kango or its third party service providers to conduct such background checks, and you agree to provide additional information in order to perform (or have a third party perform) such background checks. This additional information may include your social security number and DMV history. Individuals who wish to become Paid Providers must also attend any phone screenings, in-person interviews, and in-person trainings that Kango requires.

Representations and Warranties:

By using the Services, a Paid Provider represents, warrants, and agrees that:

• The Paid Provider is in the independent business of providing transportation services and child care, and understands and intends to create the relationship of principal and independent contractor and not that of employer and employee between Paid Provider and Kango.
• Paid Provider is not an employee, agent, joint venturer, franchisee, affiliate, or partner of Kango for any purpose.
• The information provided by the Paid Provider to Kango is true, accurate, and complete, and is not misleading.
• The Paid Provider is at least 21 years of age.
• The Paid Provider has at least 2 years of childcare experience.
• The Paid Provider possesses a valid driver's license and is authorized to operate a motor vehicle and has all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which such Paid Provider uses the Services.
• The Paid Provider owns, or has the legal right to operate, the vehicle such Paid Provider uses when providing transportation services, and such vehicle is clean, in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
• The Paid Provider has had no more than 3 moving violations during the past 3 years, no major violations in the past 3 years, and no DUI or drug-related moving violations or extreme violations in the past 7 years.
• While Paid Provider is authorized to use the Kango services for the purpose of providing transportation or child care services, Paid Provider will immediately notify Kango if Paid Provider is involved in any moving violation, major violation, DUI or drug-related moving violation or extreme violation.
• The Paid Provider is named or scheduled on the insurance policy covering the vehicle such Paid Provider uses when providing transportation services.
• The Paid Provider has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of such Paid Provider's vehicle to cover any anticipated losses related to such Paid Provider's provision of transportation services.
• The Paid Provider will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle such Paid Provider uses to provide transportation, including, but not limited to personal injuries, death and property damages.
• In the event of a motor vehicle accident such Paid Provider will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with such Paid Provider's insurance carrier.
• The Paid Provider will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
• The Paid Provider is medically fit to provide child care and to drive in accordance with applicable law.
• Paid Provider will be solely responsible for the manner and hours in which Paid Provider provides the childcare and/or transportation services.
• Paid Provider shall not be eligible to participate in any of Kango's employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs. Kango shall not provide workers' compensation, disability insurance, Social Security or unemployment compensation coverage or any other statutory benefit to Paid Providers.
• Paid Provider does not have authority to enter into contracts that bind the Company or create obligations on the part of the Kango.
• Paid Provider understands and agrees that Paid Provider will have the sole discretion to determine the method, means and location of performing the childcare and/or transportation services and that Kango has no right to, and will not, control or determine the method, means or place of the performance of those services. Additionally, Paid Provider will supply all tools and equipment necessary to perform such services, with the exception of child restraints such as car seats or booster seats, which may be provided by Kango if needed.

Zero Tolerance Policy

Kango maintains a zero tolerance policy regarding the use of alcohol, illegal substances, or the misuse of prescription medications. Kango also has zero tolerance for violating traffic laws and/or driving recklessly. Kango, in its sole discretion, reserves the right to terminate the account of any Paid Provider violating its Zero Tolerance Policy.

Non Discrimination Policy

Paid Provider agrees not to discriminate 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. Paid Provider will make reasonable accommodation for service animals.

Fees and Payments

Current rates for transportation and childcare services are specified in the Fee Schedule.
Kango reserves the right to change these rates at any time. When there is a change to the Fee Schedule, Kango shall provide notice of such changes to the Paid Provider via email.

Kango will collect payment from Users for the Paid Services provided by each Paid Provider, to Kango's and such Users reasonable satisfaction, and will remit such payment to each Paid Provider after deduction of certain amounts ("Service Fees") as described in our Service Fee Schedule. Subject to the Terms, within thirty (30) days of the end of each calendar month during which a Paid Provider provides Paid Services, Kango will calculate the Net Revenue (as defined below) for transportation and childcare services purchased from each Paid Provider during such calendar month and remit such amounts to each Paid Provider, less the Kango Service Fees. Any payments made to Paid Providers will be made in U.S. Dollars. "Net Revenue" shall mean amounts actually received by Kango from Users of a Paid Provider's services, less (i) sales taxes, use taxes, withholding taxes, VAT and any other taxes, duties or other government tariffs that a governmental authority requires Kango or the Paid Provider to pay and/or that the Paid Provider has failed to pay in accordance with this section (excluding taxes on Kango's net income); and (ii) any transaction fees, disputes and refunds.

Payment processing for Paid Providers is provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the �Stripe Services Agreement�). By agreeing to the Terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Kango enabling payment processing services through Stripe, you agree to provide Kango accurate and complete information about you, and you authorize Kango to share it with Stripe, along with the transaction information related to your use of the payment processing services provided by Stripe.

Paid Providers shall be solely responsible for all costs and expenses incident to the provision of childcare and transportation services under these Paid Provider Terms, including, but not limited to, the cost of fuel, the upkeep of the Paid Provider's vehicle, and insurance premiums. In addition, Paid Providers shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) relating to the subject matter hereunder, excluding taxes based on Kango's income.