Elligibility
This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
- over the age of 18 years and accessing the Platform for personal use; or
- accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
- Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
Accounts
- In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
- As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Kakoo from time to time.
- You warrant that any information you give to Kakoo in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
- You may register for an Account using your Facebook, Google, Apple or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
- Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
- Once you complete the Account registration process, Kakoo may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- Kakoo reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- Kakoo may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
User Obligations
As a User, you agree:
Posted Materials
1.1.Warranties
By providing or posting any information, materials or other content on the Platform (Posted
Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to
provide any services that you represent you provide); - the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and
presents a fair view of the relevant person and/or your experience; - the Posted Material is free from any harmful, discriminatory, defamatory or maliciously
false implications and does not contain any offensive or explicit material; - the Posted Material is not “passing off” of any product or service and does not constitute
unfair competition; - the Posted Material does not infringe any Intellectual Property Rights, including copyright,
trademarks, business names, patents, confidential information or any other similar
proprietary rights, whether registered or unregistered, anywhere in the world; - the Posted Material does not contain any viruses or other harmful code, or otherwise
compromise the security or integrity of the Platform or any network or system; and - the Posted Material does not breach or infringe any applicable laws.
1.2.Licence
- You grant to Kakoo a perpetual, irrevocable, transferable, worldwide and royalty-free
licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any
Intellectual Property Rights in any Posted Material in order for Kakoo to use, exploit or
otherwise enjoy the benefit of such Posted Material. - If it is determined that you retain moral rights (including rights of attribution or integrity) in
any Posted Material, you forever release Kakoo from any and all claims that you could
assert against Kakoo by virtue of any such moral rights. - You indemnify Kakoo against all damages, losses, costs and expenses incurred by Kakoo
arising out of any third party claim that your Posted Material infringes any third party’s
Intellectual Property Rights.
1.3.Removal
- Kakoo acts as a passive conduit for the online distribution of Posted Material and has no
obligation to screen Posted Material in advance of it being posted. However, Kakoo may,
in its absolute discretion, review and remove any Posted Material (including links to you,
your profile or listings you have posted on the Platform) at any time without giving any
explanation or justification for removing the Posted Material. - You agree that you are responsible for keeping and maintaining records of Posted
Material.
REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
To the maximum extent permitted by law, Kakoo will have no liability or obligation to you if:
- an Explorer or Vibe Creator cancels at any time after the time for performance of the
Experience Listing is agreed; or - for whatever reason, including technical faults, the services in an Experience Listing
cannot be performed or completed,
and you will not be entitled to any compensation from Kakoo.
DENTITY VERIFICATION
- (Verification) We may offer or require Users to verify their details using our processes or
an external identity verification service as applicable (Verification Service), including
(without limitation) Veriiff. (Your personal information and privacy) We will collect your personal information in
accordance with our Privacy Policy as set out in clause 17. Where a Verification Service
is used, you acknowledge and agree that:
- we may contact and share your personal information with a Verification Service
to verify your details; - you consent to us receiving, sharing and using this information to enable us to
carry out the Verification Service.
- (Fees) We may charge non-refundable fees for the Verification Service, as set out on the
Platform. (Warranty and Indemnity) You acknowledge and agree that:
- we are reliant on the information provided by the Verification Service to verify
your identity and to the extent permitted by law, we disclaim all warranties that
the Verification Service will be accurate or guarantee that the Verification
Service will ensure you contract with a suitable User; - you should make your own inquiries as to other Users’ identities before
engaging in contracts with those Users; and - we do not endorse any User, Experience Listing or Verification Service.
RATINGS AND REVIEWS
- Explorers may rate an Experience Listing (Rating) and/or may provide feedback to Vibe
Creators regarding the services Explorers received from them (Review). - Explorers’ Ratings and Reviews can be viewed by any User and will remain viewable until
the relevant Vibe Creator Account and/or Experience Listing is removed or terminated. - Explorers must only provide true, fair and accurate information in their Reviews.
- If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we
may delete the Review and/or ban the relevant Explorer from posting further Reviews. We
do not undertake to review each Review made by Explorers. - To the maximum extent permitted by law, we are not responsible for the content of any
Reviews. - You may not publish Reviews of Vibe Creators to whom you have a personal or
professional relationship (separately from the Platform). You may only write a Review about a Vibe Creator if you have had a buying or service
experience with that Vibe Creator, which means that:
- you have purchased a product or service from that Vibe Creator via the
Platform; or - you have placed an order with the Vibe Creator via the Platform; or
- you can otherwise document your use of the Vibe Creator’s service, including
via correspondence or other interaction with the Vibe Creator via the Platform,
(collectively referred to as a Service Experience).
- You may only write about your own Service Experience. You are not permitted to write a
Review about somebody else’s Service Experience, such as that of a family member or
friend. - You may not write a Review about a Vibe Creator you have previously owned, currently
own, or which an immediate family member currently owns, or if you are an executive or
employee of that Vibe Creator, or work for the Vibe Creator. Similarly, you may not write a
Review about a direct competitor to the Vibe Creator you own, are employed by or work
for. - Your Service Experience must have occurred within the last 12 months when you submit
a Review. - You are encouraged to be specific and factual in your Reviews. If you have been offered
an incentive by a Vibe Creator to write a Review, you should include information about
this in your Review. Incentives include the Vibe Creator offering you a gift, reward,
discount or advantage for writing a Review about the Vibe Creator.
ONLINE PAYMENT PARTNER
- We may use third-party online payment partner, currently Stripe (Online Payment
Partner) to collect payments on the Platform, including for our Services. - The processing of payments by the Online Payment Partner will be, in addition to this
agreement, subject to the terms, conditions and privacy policies of the Online Payment
Partner. You can find these here: https://stripe.com/gb/legal/link-account-terms. - You agree to release Kakoo and its employees and agents in respect of all liability for
loss, damage or injury which may be suffered by any person arising from any act or
omission of the Online Payment Partner, including any issue with security or performance
of the Online Payment Partner’s platform or any error or mistake in processing your
payment. - We reserve the right to correct, or to instruct our Online Payment Partner to correct, any
errors or mistakes in collecting your payment.
SERVICE LIMITATIONS
While we make every effort to ensure that the information on the Platform is as up-to-date and
accurate as possible, you acknowledge and agree that from time to time, you may encounter the
following issues:
- the Platform may have errors or defects (or both, as the case may be);
- the Platform may not be accessible at times;
- messages sent through the Platform may not be delivered promptly, or delivered at all;
- information you receive or supply through the Platform may not be secure or confidential;
and - any information provided through the Platform may not be accurate or true.
INTELLECTUAL PROPERTY
- Kakoo retains ownership of all materials developed or provided (or both, as the case may
be) in connection with the Services (including text, graphics, logos, design, icons, images,
sound and video recordings, pricing, downloads and software) (Service Content) and
reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly
granted to you. - You may make a temporary electronic copy of all or part of the Service Content for the
sole purpose of viewing it and adapting it for the purpose of viewing and using the
Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or
publish the Service Content without prior written consent from Kakoo or as permitted by
law. - In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design,
patent, semiconductor and circuit layout rights, trade, business, company and domain
names, confidential and other proprietary rights, and any other rights to registration of
such rights whether created before or after the date of this agreement both in Australia
and throughout the world.
THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and
displayed on the Platform (Third Party Content). Kakoo accepts no responsibility for Third Party
Content and makes no representation, warranty or guarantee about the quality, suitability,
accuracy, reliability, currency or completeness of Third Party Content.
THIRD PARTY TERMS SUPPLIERS
DISPUTES BETWEEN USERS
- You should direct any complaint relating to another User to that User. Users must take all
reasonable steps to resolve any dispute with another User with that User. - If any issue or problem relating to the Platform remains unresolved after directing a
complaint to a relevant User, or if the complaint does not relate to another User, you must
report it to Kakoo via support@kakoo.app.We will assess the complaint and attempt to
quickly and satisfactorily resolve it. - Any costs you incur in relation to a complaint or dispute will be your responsibility.
- Kakoo has the option to appoint an independent mediator or arbitrator if needed. The cost
of any mediator or arbitrator must be shared equally between each of the parties to the
dispute. - Kakoo reserves the right to hold funds in relation to a dispute until the dispute is resolved
by the relevant parties or by a mediator or arbitrator. - If you have a dispute with Kakoo, you agree to notify us first and enter into discussion,
mediation or arbitration with us for a minimum of a 120-day period before pursuing any
other proceedings. - Notwithstanding any other provision of this clause 13, you or Kakoo may at any time
cancel your Account or discontinue your use of the Platform.
SECURITY
Kakoo does not accept responsibility for loss or damage to computer systems, mobile phones or
other electronic devices arising in connection with your use of the Platform. You should take your
own precautions to ensure that the process you employ to access the Platform does not expose
you to the risk of viruses, malicious computer code or other forms of interference.
DISCLAIMER
- (Introduction service) Kakoo is a medium that facilitates the introduction of Explorers
and Vibe Creators for the purposes of facilitating in-person connections. Kakoo simply
collects a service fee in consideration for providing this introduction service and does not
have any obligations or liabilities to, and is not a party to any contract between, Explorers
and Vibe Creators in relation to such services or otherwise resulting from the introduction. - (Limitation of Liability) To the maximum extent permitted by law, the total liability of
each party (being you, the User and us, Kakoo) in respect of loss or damage sustained by
the other party in connection with this agreement is limited to the amount paid by you on
the Platform in the 3 months preceding the date of the event giving rise to the relevant
liability. - (Disclaimer) To the maximum extent permitted by applicable law, all express or implied
representations and warranties not expressly stated in this agreement are excluded. - (Consumer Law) Nothing in this agreement is intended to limit the operation of the
Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)
(ACL). Under the ACL, you may be entitled to certain remedies (like a refund,
replacement or repair) if there is a failure with the goods or services provided. (Consequential Loss) To the maximum extent permitted by law, neither party will be
liable for any incidental, special or consequential loss or damages, or damages for loss of
data, business or business opportunity, goodwill, anticipated savings, profits or revenue in
connection with this agreement or any goods or services provided by Kakoo, except:
- in relation to a party’s liability for fraud, personal injury, death or loss or damage
to tangible property; or - to the extent this liability cannot be excluded under the Competition and
Consumer Act 2010 (Cth).
CONFIDENTIALITY
You agree that:
- no information owned by Kakoo, including system operations, documents, marketing
strategies, staff information and client information, may be disclosed or made available to
any third parties; and - all communications involving the details of other users on this Platform and of the Vibe
Creator are confidential, and must be kept as such by you and must not be distributed nor
disclosed to any third party.
PRIVACY
You agree to be bound by the clauses outlined in Kakoo’s Privacy Policy, which can be accessed
here.
COLLECTION NOTICE
- We collect personal information about you in order to enable you to access and use the
Platform, to contact and communicate with you, to respond to your enquiries and for other
purposes set out in our Privacy Policy. - Our Privacy Policy contains more information about how we use, disclose and store your
information and details how you can access and correct your personal information.
NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and
agree:
- this agreement is between you and Kakoo and not with Apple. Apple is not responsible
for the Services or any content available on the Services; - Apple has no obligation whatsoever to furnish any maintenance and support services for
the Services; - in the event of any failure of Kakoo to conform to any applicable warranty, you may notify
Apple, and Apple will refund the price for the Services. To the maximum extent permitted
by applicable law, Apple will have no other warranty obligation whatsoever with respect to
the Services, and any other claims, losses, liabilities, damages, costs of expenses
attributable to any failure to conform to any warranty will be Kakoo’s responsibility; Apple is not responsible for addressing any claims by you or any third party relating to the
Services, including, but not limited to:
- product liability claims;
- any claim that the Services fails to conform to any applicable legal or regulatory
requirement; and - claims arising under consumer protection, privacy, or similar legislation;
- in the event of any third party claim that the Services or your use of the Services infringes
any third party’s intellectual property rights, Apple will not be responsible for the
investigation, defence, settlement and discharge of any such claim; that you represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a “terrorist supporting’”
country; and - you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third party terms of this agreement when using the
Services; and - Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that,
upon your acceptance of this agreement, Apple will have the right (and will be deemed to
have accepted the right) to enforce this agreement against you as a third party
beneficiary.
TERMINATION
TAX
You are responsible for the collection and remission of all taxes associated with the services you
provide or receive or any transactions through your use of the Platform, and Kakoo will not be held
accountable in relation to any transactions between Explorers and Vibe Creators where tax related
misconduct has occurred.
RECORD / AUDIT
To the extent permitted by law, Kakoo reserves the right to keep all records of any and all
transactions and communications made through this Platform between you and other Users
(including conversations, user posts, job request bids, comments, feedback, cookies, and I.P.
address information) for administration purposes and also holds the right to produce these records
in the event of any legal dispute involving Kakoo.
NOTICES
A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this
agreement, or if no email address is specified in this agreement, then the email
address most regularly used by the parties to correspond regarding the subject
matter of this agreement as at the date of this agreement (Email Address). The
parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email
was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a
public holiday in the state or territory whose laws govern this agreement, in
which case the notice will be taken to be given on the next occurring business
day in that state or territory; or - when replied to by the other party,
whichever is earlier.
GENERAL
1.1.GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party
irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of
appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
1.2.WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any
right unless the waiver is in writing and signed by the party granting the waiver.
1.3.SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the
extent that it is void or unenforceable. The validity and enforceability of the remainder of this
agreement is not limited or otherwise affected.
1.4.JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or
benefits them jointly and severally.
1.5.ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this
agreement without the prior written consent of the other party.
1.6.COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
1.7.ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior
negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
1.8.INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other
gender; - (defined terms) if a word or phrase is given a defined meaning, any other part of speech
or grammatical form of that word or phrase has a corresponding meaning; - (person) a reference to “person” or “you” includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture (whether
incorporated or unincorporated), a partnership, a trust and any other entity; - (party) a reference to a party includes that party’s executors, administrators, successors
and permitted assigns, including persons taking by way of novation and, in the case of a
trustee, includes any substituted or additional trustee; - (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment
or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure to or of this agreement, and a reference to this agreement includes all
schedules, exhibits, attachments and annexures to it; - (document) a reference to a document (including this agreement) is to that document as
varied, novated, ratified or replaced from time to time; - (headings) headings and words in bold type are for convenience only and do not affect
interpretation; - (includes) the word “includes” and similar words in any form is not a word of limitation;
and - (adverse interpretation) no provision of this agreement will be interpreted adversely to a
party because that party was responsible for the preparation of this agreement or that
provision.
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