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Introduction to our Terms of use

These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the websites, software applications, and other online services (collectively, the “Service”) provided by KIWInow Techserv Private Limited (“KIWI”). The Service includes, but is not limited to, the KIWI extension for desktop web browsers, the KIWI mobile application (the “KIWI Mobile App”), and the website located at www.thekiwi.app (the “Website”).

Users Based Outside the United States

If you are based in Canada, Australia or New Zealand, you agree to the applicable supplement terms that are included at the end of this Agreement, so please review them carefully.

Accepting the Terms

By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with KIWI). The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to KIWI. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with KIWI. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service.

We really want to make sure you read this next part so we’re going to use all-caps: THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.

Privacy and Personal Information

As part of the Service, we provide you with a suite of tools that allows Users to connect with expert freelancers and get your issues addressed. We also allow you to register with KIWI as an expert freelancer while you are using the KIWI’s browser extension, mobile app or website.

For Members who choose to enrol in KIWI as a freelancer, please note that KIWI is a subscription platform and you have to pay a monthly fee to use the platform as a freelancer. For clients, you may use the platform to connect with freelancers and pay KIWI to pay them on an hourly basis with a pulse of 15 minutes.

The Service is provided to you by KIWI as a freemium service. We work on your behalf to connect you with the best available freelancers to get your issues resolved in realtime. We collect subscription fees from the freelancer. We make money to sustain the service when you engage with these freelancers.

KIWI and Third-Party Merchants

KIWI is a browser extension that allows you to connect with a freelancer at a fixed hourly rate to get your issues resolved in realtime over zoom calls. Zoom.us offers 4 methods of communication – Text Chat, Audio Chat, Video Chat and Remote Access.

All calls are recorded on Zoom.us platform for verification incase there are clients that may have issues with the freelancer’s delivery. By agreeing to use KIWI, and it’s products, you agree to the Zoom.us privacy policy and terms of use as well. KIWI is not a re-seller or distributor of any products of third-party merchants or services that are displayed or used to service you as a client or freelancer.

For authentication, we use Google authentication services. When you agree to our privacy policy, you also agree to Google privacy policy.

For completing your freelancing profile, we ask you to select a few YouTube videos. Please read YouTube’s terms of service before you continue using KIWI.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click “Unsubscribe“ in any e-mail communications we send you.

If you become aware of any unauthorised use of your Registration Information, you agree to notify KIWI immediately.

Your Use of the Service

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes. Subject to your compliance with this Agreement, KIWI hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Services (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use.

Accurate records enable KIWI to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by KIWI. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.

You agree that KIWI may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy).

As is further detailed in our privacy policy, KIWI collects information about the websites that you visit in order to create a better user experience for you and other KIWI users. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalisation options in our products that utilize knowledge about what services you are interested in to present relevant content, product and service offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.

You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including KIWI);
  2. Violates any law or regulation or this Agreement;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardises the security of your KIWI account or anyone else’s (such as allowing someone else to log in to the Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other User;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content;
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
  11. Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
  12. If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services.

Electronic Notifications

KIWI may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below and subject always to our privacy policy. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimise unnecessary notifications and provide configuration switches to limit unwanted communications.

Automatic notifications may be sent to you following certain changes made online to your KIWI account, such as a change in your Registration Information.

Voluntary account notifications may be turned on by default as part of the Service. They may then be customised, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. KIWI may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.

Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.

Because notifications are not encrypted, we will never include your passcode. However, notifications may include your KIWI login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.

As part of the KIWI extension and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, emails or other types of messages directly sent to you outside or inside the KIWI Mobile App (“Push Messages”). You acknowledge that, when you use the KIWI Mobile App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the KIWI Mobile App or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Honey Mobile App, including your receipt of Push Messages from KIWI.

Rights you Grant to us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to KIWI through the Service, then (except for User Content, to which the specific rules below apply) you hereby give KIWI permission to use that content solely for the purpose of providing the Service. KIWI may use and store the content, but only to provide the Service to you. By submitting this content to KIWI, you represent that you are entitled to submit it to KIWI for use for this purpose, without any obligation by KIWI to pay any fees or other limitations.

KIWI’s Intellectual Property Rights

The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to KIWI or its software or content suppliers. KIWI grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at info@thekiwi.app.

Access and Interference

You agree that you will not do stuff to make it harder for other users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.

Disclaimer of Representations and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. KIWI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

KIWI MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. KIWI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.

Notification Disclaimer

You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. KIWI does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that KIWI shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification.

Limitations on KIWI’s Liability

KIWI SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF KIWI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, KIWI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF KIWI SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.

Your Indemnification of KIWI

You shall defend, indemnify and hold harmless KIWI and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make within the KIWI’s browser extension, mobile app or website) or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service.

Governing Law and Forum for Disputes

This Agreement, and your relationship with KIWI under this Agreement, shall be governed by the laws of the State of Haryana in India without regard to its conflict or choice of laws provisions. Any dispute with KIWI, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case KIWI may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, KIWI is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with KIWI, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement (LAST TIME FOR ALL CAPS, PROMISE):

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

How to contact us

If you have any questions about our privacy policies, terms of use or practice, please contact us at privacy@thekiwi.app.

Or you can write us a letter (fancy!) at:

KIWInow TechServ Private Limited
Attn: Privacy
402, 4th Floor, Suncity Arcade, Suncity
Sector 54, Gurgaon, Haryana, 122011, India.