Terms of Service
1. INTRODUCTION
This User Agreement (this “Agreement” or “User Agreement” or “Terms”) is the contract between you (“User”, “you” or “your”) and Kynderway Ltd (“Kynderway Ltd”, “we”, “us” or “our”). By using the website located at www.kynderway.com (the “Website” or “Site”) or our Mobile Application (“Mobile Application”) and any of our related products or services, together (the “Platform”) you accept and agree to be bound by this Agreement and adhere to all policies (“Policies”) posted on our Platform from time to time. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not access or use the Platform.
2. PURPOSE OF KINDERWAY
The Platform provided by Kynderway is a marketplace that facilitates transactions between Users. The Platform is provided as a way for Clients to post and Providers to apply for domestic assistance service (“Services”) jobs online. Kynderway hosts and maintains the Platform, providing a marketplace for Private Clients (“Private Clients”), Business Clients (“Business Clients”) and Service Providers (“Service Providers”) to find and communicate with each other. Kynderway makes the Platform available to Users and you agree and accept that Kynderway is not a party to any agreement or arrangement that may be formed between any type of Client and Service Providers. Users in their sole discretion are responsible for determining the suitability of the other User for a Service Contract.
Kynderway makes no guarantee about the suitability of a User to use the Platform, pay for any Services or perform any Services. Additionally, Kynderway makes no guarantee about the authenticity of any User and provides no assurance that any User is a bona fide individual or business. By using the Platform, you agree that Kynderway is in no way responsible for the quality, safety or legality of the Services provided by any Service Provider nor is Kynderway responsible for the ability or willingness of any User to carry out their obligations under any agreement or arrangement that may be formed between Users.
3. KINDERWAY ACCOUNTS
Kynderway offers the Site and Platform for use by legal entities or individuals over the age of 18. By using the Platform in any way, you warrant to represent that you are either a legal entity or an individual who is at least 18 years of age with the legal capacity to enter into and be bound by this Agreement.
To access and use certain parts of the Platform, you must register for an account (“Account”). After registering for an Account, if you are a Service Provider, you must complete a User profile (“User Profile”) and by registering for an Account and completing a User Profile, you consent that your User Profile will be visible to other Users of the Site.
BUSINESS CLIENT
If you register to use the Platform as an employee, agent or on behalf of a legal entity or business, you will be a Business Client. By registering as a Business Client you represent that you are authorised to create such an Account on behalf of said entity and that you have authority to bind the entity under this User Agreement.
PRIVATE CLIENT
If you register to use the Platform as an individual searching for a Service Provider for your own needs, your User Profile will be that of a Private Client. By registering for an Account, you confirm that you have read, understood and agree to be bound by this User Agreement.
SERVICE PROVIDER
If you register to use the Platform in order to provide your domestic assistance to Users of the Platform, your User Profile will be that of a Service Provider. By registering for an Account, you confirm that you have read, understood and agree to be bound by this User Agreement.
If you create an Account on the Platform, you are responsible for maintaining the security of your Account and you shall at all times remain fully responsible for all activities that occur under the Account and any other actions taken in connection with it.
ACCOUNT VERIFICATION
When you register with us as a Service Provider, you will have the option to request a Verification check in order to verify that you are the holder of the Account. In order for the Verification to be completed, you will be required to provide us with a copy of an identification document from one of the following:
– National ID document/Card
– Passport
– Driving License
An Account that has been approved after going through the Verification checks will be shown as ‘verified’ on the Site.
By using the Platform in anyway (including as a Service Provider or Client) you agree, accept and acknowledge that the Account Verification is carried out for the purpose of confirming ownership of an Account and confirm that the individual pictured in the National ID document is the Account holder.
Whilst Kynderway will use reasonable endeavours to perform the Verification check on Service Providers, in using the Platform, Clients accept that we do not guarantee the identity of Service Providers or Clients, nor do we guarantee or make any representation about the truth or accuracy of any content posted by any User on the Platform including information posted by Users on Accounts. Whilst we may monitor the content on the Platform, we make no representation as to the authenticity or accuracy of job postings. It is the sole responsibility of Users to carry out reasonable enquiries and checks (including DBS checks, criminal record checks, police checks etc.) to satisfy themselves and select the appropriate Client or Service Provider for their needs. For the avoidance of doubt, Kynderway makes no guarantee about the skills, integrity, reliability, qualifications, experience, suitability or behaviour of any User.
Kynderway has produced Safety Guidelines that Users may want to take into consideration when selecting a Client or Service Provider. These are guidelines only and produced for information purposes.
We may, but have no obligation to, monitor and review new Accounts before you may sign up and start using the Platform. Providing false contact information of any kind may result in the termination of your Account. You must immediately notify us of any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your Account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.
Each Job Post will expire 30 days after posting. Where we suspend your Account, in order to investigate any allegation of wrong doing, no extension on Job Post will be given and your Job Post will be subject to the original expiry date.
If we delete your Account for the foregoing reasons, we may decide in our sole discretion that you may not re-register for our Platform. We may block your email address and internet protocol address to prevent further registration. Our decisions on this will be final.
4. USER CONTENT
We do not own any data, information or material (collectively, “Content”) that you submit or post whilst using the Platform. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Content submitted in the use of the Platform. We may, but have no obligation to, monitor and review the Content submitted or created using our Platform by you. You grant us permission to access, copy, distribute, store, transmit, and display the Content of your User Profile or Account solely as required for the purpose of providing the Platform to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your User Account for commercial, marketing or any similar purpose.
ACCOUNT DATA ON CLOSURE
Except as otherwise required by law, on closure of your Account, you will no longer have access to any User Content submitted whilst using the Platform. Where required by law, we may retain some of your personal information. For more information on how we use your personal information, see our Privacy Policy.
BACKUPS
We are not responsible for the Content residing in the Platform. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation or guarantee, we may be able to restore some or all of your Content that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the Content you need will be available.
JOB POSTINGS
Private Clients and Business Clients may post advertisements (“Job Postings”) on the Platform for the purpose of finding a Service Provider. Each Job Post will expire 30 days after it is originally posted and will no longer be visible on the platform after this date. Where we have your consent, we may share your Job Posting on our social media platforms and forums for the purpose of promoting your Job Posting. You can find out more about how we use your personal information on our Privacy Policy.
5. THIRD PARTY SERVICES
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Kynderway Ltd with respect to such third-party services. Kynderway Ltd is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Kynderway Ltd to disclose your data as necessary to facilitate the use or enablement of such other service.
6. ADVERTISEMENTS
During your use of the Platform, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
7. LINKS TO OTHER RESOURCES
Although the Platform may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, partnership or affiliation with any linked resource, unless specifically stated therein. Some of the links in the Platform may be “affiliate links”. This means if you click on the link and purchase an item, Kynderway Ltd will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Platform. By clicking on any link to any other off-site resources, you do so at your own risk.
8. PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Platform for or posting any Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Platform, third party products and services, or the Internet. We reserve the right to terminate your use of the Platform for violating any of the prohibited uses.
NON-DISCRIMINATION REQUIREMENT
Kynderway offers the Platform to create a space where Clients can find Service Providers and engage in communications with each other for mutual benefit. The opportunities created by such interaction should be equally available to all individuals regardless of nationality, race, background, ethnicity, gender, gender identity, sexual orientation, actual or perceived disability status, veteran status, marital status or other protected characteristics. A condition of using our Platform is your agreement not to engage in any unlawful discrimination or harassing conduct including in content posted on our Platform in job posts. Such conduct is not permitted by User of our site. Users who engage in such behaviour will be subject to immediate Account closure and deletion and a ban from using our Platform in the future. We reserve the right to report any such behaviour to relevant authorities where necessary. Please alert us to any incidences of such behaviour that you may discover at team@kynderway.com.
9. INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any Intellectual Property owned by Kynderway Ltd or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Kynderway Ltd. All trademarks, service marks, graphics and logos used in connection with the Platform, are trademarks or registered trademarks of Kynderway Ltd or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce or otherwise use any of Kynderway Ltd or third-party trademarks.
10. DISCLAIMER OF WARRANTY
You agree that our Platform is provided on an “as is” and “as available” basis and that your use of the Platform is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Platform or any of the features on the Platform will meet your requirements, or that the Platform provided through the Platform will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform or that defects in the Platform will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data or to your property (including hardware and software used to access the Platform) that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Platform or any transactions entered into as a result of a User that you identify and subsequently connect with on the Platform unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Platform shall create any warranty not expressly made herein.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Kynderway LTD, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Kynderway Ltd and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of £1 (1 GBP) or any amounts actually paid by you to Kynderway Ltd for the one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
12. INDEMNIFICATION
You agree to indemnify and hold Kynderway Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable legal fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Platform or any wilful misconduct on your part.
13. SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
14. DISPUTE RESOLUTION
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of England and Wales. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in England, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
15. ASSIGNMENT
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
16. CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its terms relating to the Platform at any time, effective upon posting of an updated version of this Agreement in the relevant section of the Platform. When we do, we will post a notification in the Platform. Continued use of the Platform after any such changes shall constitute your consent to such changes.
17. ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Platform you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Platform and you should leave immediately.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form.
This document was last updated on December 15th 2022