Welcome to Kaching!
This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services.
YOU UNDERSTAND THAT BY USING THE KACHING PLATFORM, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE KACHING PLATFORM.
Kaching has created a marketplace to connect clients Kaching Platform. The Lancify Platform enables both clients and freelancers to buy and sell Services online. Clients post jobs and invite freelancers to apply. Freelancers apply to Jobs. If a Client accepts a Freelancer’s Job application, a contract (the “Service Contract” or “Consultancy Agreement”) is formed directly between such Client and Freelancer.
The Freelancer will provide services to the Client as described and agreed on the Lancify Platform and will be governed by this Agreement.
It is understood that the Freelancer is acting as an independent contractor only, and is not an agent for or an employee of the Client or of Lancify. The Freelancer shall have no authority to enter into any commitments on behalf of the Client or Lancify or to hold themselves out as an employee of the Client or Lancify. The Freelancer shall act at all times as an independent contractor, and nothing in this Agreement shall be construed as creating any form of employment, agency, or partnership between the Client and the Freelancer or between Lancify and the Freelancer.
While using the Lancify Website, you will not:
i) post content or items in inappropriate categories or areas on our websites and services;
ii) infringe any laws, third party rights or our policies, such as the Code of Conduct;
iii) fail to deliver payment for services delivered to you, unless the Seller has materially changed the Seller Service provided from the bid or a clear typographical error is made;
iv) fail to deliver Seller Services purchased from you, unless the Buyer fails to meet the terms, materially alters the terms of the Seller Services from the listing;
v) circumvent or manipulate our fee structure, the billing process, or fees owed to Lancify;
vi) post false, inaccurate, misleading, defamatory or offensive content (including personal information);
vii) take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Lancify Website);
viii) transfer your Lancify account (including feedback) and Username to another party without our consent;
ix) distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
x) distribute viruses or any other technologies that may harm Lancify, the Website, or the interests or property of Lancify users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
xi) download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
xii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Lancify Website;
xiii) copy, modify or distribute rights or content from the Lancify Website or Lancify’s copyrights and trademarks; or
xiv) harvest or otherwise collect information about Users, including email addresses, without their consent.
• I will act ethically and with integrity;
• I will comply with all of Lancify’s policies
• I will respect the rights of all Users;
• I will not abuse confidential information, or participate in any other illegal practice;
• I will have regard for Users’ interests, rights and safety
• I will not harass, bully or discriminate
• I will not falsify my own or any other identity and I will provide true and correct informationUser ContentI am responsible for the content I post on Lancify and:
• I will not post content that infringes upon any copyright or other intellectual property right
• I will not post content that violates any law or regulation;
• I will not post content that is defamatory;•I will not post content that is obscene or contains child pornography;
• I will not post content that includes incomplete, false or inaccurate information about any person
• I will not post content that contains any viruses or programming routines intended to damage any system;
• I will not post content that creates liability for Lancify or harms its business operation or reputation
• I will respect confidentiality and privacy
• I will not disclose information or documents acquired, other than as required by law or where authorization is given;Contact
• I will not ask other Lancify users for their private contact details and will communicate with them only through website featuresFraud
• I will report any breaches
• I will not engage in fraud
• I will not create multiple accounts
• I will not use the Site to transfer funds illegally•I will not use the Site to generate false feedback
• I will avoid exaggeration, derogatory remarks, and inappropriate references
• I will not engage in personal attacks, negative or other unfair criticism or other unprofessional conductBidding•I will not underbid to avoid fees;
• I will not participate in illegal projects
Spam or Advertising
• I will not spam or advertise my website or service unless otherwise allowed
• I will not refer myself for the Affiliate Program
• I will not obtain names from mailing lists, group emails, etc to send unsolicited emails (“Spam”)
6.1 The Client and the Freelancer agree that Lancify is acting as a facilitator and introducer only. In no event shall Lancify be responsible for any actions taken by either the Client or the Freelancer. Lancify hereby disclaims any liability for any breach of this Agreement by either the Client or the Freelancer, or for any other actions or omissions by either the Client or the Freelancer.
6.2 The Client and the Freelancer agree that they shall immediately notify Lancify of any change in their relationship. In particular, the Client and the Freelancer shall inform Lancify of any work conducted by the Freelancer for the Client beyond the scope or term of this Agreement, whether carried out under a consultancy agreement, employment agreement, or otherwise.
7.1 Posting a job. All Jobs posted to Lancify must not contain any information enabling or requesting contact or payment outside of the Lancify Platform. Job postings must be of a professional nature and accurately describe the Services requested. They should be free of offensive language or advertisements for other products or services. Job postings may not request any service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website. Job postings related to the creation of adult or explicit content are prohibited. Job postings that involve exposure to content of an adult or potentially offensive nature should notify potential readers in the title of the job posting.
7.2 Applying to a Job. All information provided in a Job application must be true, accurate and complete. Lancify reserves the right (but has no obligation) to verify any and all information provided on a Client or Freelancer’s profile or Job application. By applying to a Job, the Client or Freelancer is attesting that he/she/it has the skills and ability to perform the requested Services by the deadline stated in the Job posting. Lancify reserves the right (but Lancify does not have the obligation) to verify the skill and ability of the Freelancer.
7.3 Managing Jobs. Clients agree to respond promptly to communications with and requests for information from the Freelancer. Any requests for feedback should be answered within 72 hours of request. If this does not happen to the satisfaction of Lancify, the Job may be removed from the Lancify Platform. If input on a Job part is delayed by more than 7 days from the delivery date, Lancify has the right, at its sole and absolute discretion, to put the resolve any disputes or pending payment in relation to the Job, determine fair compensation, and disperse funds between the parties as it sees fit, without Lancify incurring any liability whatsoever.
7.4 Working on Jobs. The Client is responsible for providing all tools and resources necessary to complete the services, unless explicitly stated in advance by the Client. Freelancers agree to respond to all Client communications and requests for information within 24 business hours. If the Freelancer will be unable to meet this requirement due to an absence, he/she/it is expected to notify the Client at least 1 week prior. After the completion of a Job, the Freelancer can provide timely, honest and objective feedback on the Client.
The Client shall furnish the Freelancer with data, material, and information relevant to the services contemplated by this Agreement and the Freelancer agrees to treat as confidential all such information.
It is agreed that, in the absence of a legal or administrative obligation, no disclosure or communication of information concerning any provision or aspect of this Agreement or of confidential information provided by the Client to the Freelancer may be made without the express agreement of the Client.
In the event of termination of this Agreement, the Freelancer will return to the Client any documents and materials in their possession or control which are the property of the Client and/or which contain confidential information relating to the Client.
9.1 For the purposes of this Agreement, “Intellectual Property” means patent rights (including, without limitation, patent applications and disclosures), rights to inventions, utility models, copyrights, trade marks, service marks, trade secrets, rights in computer software, database rights, moral rights, know-how, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection recognised in any country or jurisdiction in the world.
9.2 It is agreed that with respect to any Intellectual Property developed by the Freelancer or the Client in the course of the Freelancer’s performance of this Agreement, all such Intellectual Property shall be entirely owned by the Client. The Freelancer agrees to execute any assignments or other documentation required to give effect to the foregoing provision.
9.3 Nothing in this Agreement shall be interpreted as providing the Freelancer with any rights over any Intellectual Property owned by the Client or by Lancify.
Lancify shall not be liable for any indirect, special or consequential damages, or for any loss of revenue, profits or data, arising out of or in connection with the Agreement, even in cases where Lancify has been advised of the possibility of such damages. Furthermore, Lancify’s aggregate liability arising out of or in connection with the Agreement shall not exceed $1,000 (one thousand U.S. dollars).
You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project we encourage you to contact us as set out in the Clause entitled “Contacting us”.
Lancify will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Lancify shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Lancify has absolute discretion to accept or reject any document provided. You also acknowledge that Lancify is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Lancify and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of the Website, you hereby agree to indemnify Lancify from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations and/or for Other Disputes.
You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment or relates to fees or charges payable to us.
If the amount the User has asked to refund relates to:
(1) a Milestone Payment, the Dispute Resolution Process may be followed; or
(2) our fees and charges, the process set out must be followed.
If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.We may refund funds to Users irrespective of whether a User has requested funds be refunded if:
(1) we are required by law or consider that we are required by law to do so;
(2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs;
(3) we refund funds to the User in accordance with any refund policy specified by us from time to time;
(4) we find out that the original payment made by the User is fraudulent;
(5) the User made a duplicate payment in error; or
(6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.
You can request a refund by using our customer support website or emailing us at firstname.lastname@example.org.
Once you have made a milestone payment, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.
If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.
Lancify reserves the right to amend these Standard Terms from time to time. Any amendments to these Standard Terms shall be communicated by notice to the Freelancer and the Client at least 15 (fifteen) days prior to their taking effect. If the Freelancer and the Client do not object in writing to Lancify to any changes to these Standard Terms prior to the revised Standard Terms taking effect, then the Freelancer and the Client shall be deemed to have accepted the revised Standard Terms.
Terms used in these Terms of Business or in the Consultancy Agreement (as defined below) shall have the following meanings unless otherwise specified
“Client” means the Company or employer as defined in the Agreement;
“User”, “you” or “your” means an individual who visits or uses the website
“Us” means Lancify
“Consultancy Agreement” means the master Consultancy Agreement or the Service Contract entered into among the Freelancer, the Company and Lancify, pursuant to which Freelancer shall provide services to the Company as set forth therein;
“Freelancer” means the Freelancer as defined in the Agreement;
“Terms and Conditions” means these Standard Terms & Conditions;