THE TERMS AND CONDITIONS  

1. You understand and authorize Kaikili to use your information to validate the user background check and identity of all the users of platform.
2. Go through each point carefully, you agree to be bound by the terms and conditions. If you are not agreed the terms and conditions, you must strictly stopped using of the platform.
3. All references of “you” or “your” or “user” is associated with Provider and Customer who are having the access to the platform.
4. If you use Kaikili platform on behalf of your small business or entity, the individual who you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be considered an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, your manager/supervisor, employees. 

UPDATE/CHANGES TO THE TERMS AND CONDITIONS

Kaikili fully reserves the right to modify the Terms and Conditions any time without prior notice. The changes will be immediate effective and notification of through mobile broadcast message with associated link. If you do not agree, you may self-close the account by going though Help and close the account.

TERMINOLOGY

1. Work profile pics/images: The images show the provider profession work or/and service
2. User profile image: Provider and Customer photograph.
3. Kaikili Commission: The fee charged against the actual commission paid to Kaikili.
4. Provider or Pro: The Service provider who offers Kaikili listed services.
5. Provider Profile: Description about the provider service offering.
6. Customer: Consumer who hire the services from providers.
7. Service Catalogue: The list of services offered by provider on Kaikili platform.
8. Kaikili Credits: Provider can ear various credits, which can be utilized against Kaikili’s commission payments.

 

ELIGIBILITY AND USE OF THE PLATFORM

1. Use of Kaikili platform available for the 2 categories of providers. First category, Professional who are at least 18 years will have to undergo with identify check, background check etc.
2. Second Category, Students who are at minimum 16 years age with proper student id, who are authorized only selected services example tutoring, baby sitting and pet sitting etc. 
3. Enrolling or using the platform to offer Provider Services, Service Professionals represent and warrant that they, and the employees, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing. 
4. Service Professionals agree to comply with all applicable laws, including the Texas Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform.
5. Kaikili does not explicitly engage provider or customer. Kaikili is a marketplace for service provider platform, all services are provided by an independent Service Professional without any representation or warranty from Kaikili. Kaikili also facilitates Provider Service transactions, dispute resolution which facilitation may include displaying a list of Service Professionals profiles, allowing customer and Service Professionals to send messages to each other after the scheduling specific service. 
6. Service providers understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services. Consumers understand that any Pro Services they hire and pay for using the Platform are solicited directly from the Service provider providing specific Services.
7. Service providers are users of Kaikili platform but not Kaikili employees or sub-contractors or agents etc. Providers they service the customer with their own equipment, travel to customer location with their own vehicle with proper worker insurance. Service providers service offering, prices, discounts, work schedule not controlled or dictated by Kaikili. 
8. Service provider background will be verified one of best nation 3rd party background check organization. Provider will not be enrolled if any sort of criminal or sex offenders’ history in past. As continuous process, any future such incident will lead to deactivate and cancel the service provider account without any notice. 
9. As a Service Provider, you agree and authorize us to use your personal information, such as your full name, date of birth and SSN, to obtain such reports from Kaikili’s 3rd party background check organization. Service Provider agree to inform Kaikili of any material criminal convictions that occur after any such reports are filed.

ACCOUNT ENROLLMENT/REGISTRATION:

          Providers and customer must register Kaikili app using the phone number. Kaikili is not liable any caused by unauthorized use of individual Kaikili account. if unauthorized person miss uses the platform, account holder is final responsible person. Kaikili account not transferrable. If any of the reason user wants to close the account. The service history, reviews and any other data cannot be reinstated.

LICENSE TO USE THE PLATFORM:

          Kaikili approves to the Provider content in Kaikili is subject to personal and non-commercial use. The usage of the content is only the purpose use of the platform. If you download as softcopy or print a copy any content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Kaikili.

KAIKILI CREDITS:

         All the Kaikili credits earned will be paid against the Kaikili commission, Kaikili credits not cashable, not transferrable to either provider or customer and not transferred to any other entity. Kaikili credits valued only on Kaikili platform as long as Kaikili exists, there is no expiration for Kaikili credits. 

PROVIDER PROFILE AND CONTENT:

          Kaikili permit you to post, upload, submit provider profile as a part of provider profile creation process. If the content is public, Kaikili might be using for public advertising purpose. You are agreeing that you are solely responsible for all provider profile that you make available on or through the Platform. Kaikili do not claim ownership right of provider profile. Kaikili might remove or edit the content which is not consistent or/and objectionable. Its provider sole responsibility to monitory the content is there any in consistence on profile.

Kaikili reserve the rights, at any time without prior notice, to remove the access to Kaikili platform, if any objectionable user profile.

PROHIBITIONS:

1. Copy the other provider’s information and misrepresentation of other profile content/photos in your profile, any manner of misrepresenting Kaikili provider or outside provider in Kaikili.
2. Unauthorized use of other profile or mispresent your identity or qualification, mispresent previous projects, add inappropriate content in provider profile.
3. Violates any applicable laws and regulations.
4. Hire or contact in any form of service providers or customers for employment or any other use not specifically intended by Kaikili platform.
5. Violate in any material respect any Kaikili terms of use and privacy policies that govern your use of the Platform and our interactions with you and third parties.
6. Disputing the Kaikili average price, computing algorithms, rating or any other parameters associated with service providers or consumers. 
7. Asking direct payment from the customer, when the payment already made through Kaikili platform.
8. Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Kaikili.
9. Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service.
10. Hire service provider when the customer does not meet the service provider requirement.
11. Register more than one customer or/and service provider account for single person.
12. Alternate or circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Consumer.

KAIKILI COMMISSION AND PROVIDER PROFILE AND CONTENT:

          Service provider obligated to pay platform commission(fee) respective to each service type. It various from service to service. The easy way to find service fee is on Kaikili provider app in Service catalogue page. Kaikili only charges fee against if real business transaction or service quotation. Kaikili also will charge cancellation fee if provider or customer cancel service after the work been scheduled. There is no advance fee/commission charged to the service provider. The commission will be charged at the same time against each provider earnings.

          You agree that commission defined at each service level will be charged, anytime Kaikili can change service commission without prior notice. You agree that you have ability to same all communication, platform information remain saved and unchanged form. You agree that all your contact information including phone number and email id is up to date and current. If any reason account got closed. The settlement happens after 2 to 3 weeks the account officially closed.

           Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Pro Services, and you will be responsible for, and bear Taxes associated with the purchase of, payment for, access to, or use of the Pro Services. Charges are inclusive of applicable Taxes where required by law. Kaikili can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Kaikili when Kaikili includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Service Professionals or Customers.

DISPUTE RESOLUTION:

            Kaikili have reserve the rights resolve any dispute occurring between provider and customer. In the event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Kaikili’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Kaikili. Notwithstanding the foregoing, you acknowledge and agree that Kaikili is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

Kaikili investigate issue by looking all evidence, communication and settle transaction with mutual beneficial. Kaikili decision will be final no further review or investigation. 

COMMUNICATION:

            Kaikili will not track, record and review the communication between provider and customer. If any incident of misusing, fraud attempt comes under Kaikili notice. The corresponding user will be removed from Kaikili platform without prior notice or explanation. Kaikili constantly tracking to ensure to protect both provider and customer.

KAIKILI PAYMENTS:

           Kaikili payment system pay the provider in bi-weekly basis through our payment partner Stripe. Kaikili will hold minimum account balance of $100 and remaining will be paid through bi-weekly ACH process. Service provider obligated to pay any ACH transaction fee incurred for Bi-Weekly transaction to individual bank account. Kaikili will not control stripe ACH fees or any professional services directly or indirectly. If the provider is in negative balance, which means provider is billed as a Kaikili commission. Which need to paid to Kaikili in next bi-weekly cycle.

           All Payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) will be subject to review by Kaikili in accordance with the rules applicable to the payment method you used to make the Payment and will be in Kaikili’s absolute discretion. Kaikili is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process a valid written Payment Dispute request within 30 days after we receive it. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been canceled. 

           If your actions result in, or are likely to result in, a Payment Dispute, a violation of these Terms of Use or the creation of other risks to Kaikili or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.

           If you fail to make Payments you owe when due, or if Kaikili is unable to charge one of your payment methods for any reason, Kaikili reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Kaikili or by anyone on our behalf, including but not limited to a third-party collection’s agent.