Last Updated: April 17, 2021
1. Scope of Kinnship Services.
1.1 The Kinnship Platform is an online marketplace that enables registered users (the “Members”) and certain third-parties who offer services (the Members and third-parties who offer services shall be referred to as the “Vendors” and the goods and/or services they offer shall be referred to as the “Vendor Services”) to publish such Vendor Services on the Kinnship Platform (the “Listings”) and to communicate and transact directly with Members that are seeking such Vendor Services (the Members using Vendor Services shall be referred to as the “Customers”). Vendor Services may include the offering of goods for sale in addition to home care, family care, wellness, and a variety of other postpartum services.
1.2 As the provider of the Kinnship Platform, Kinnship does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Vender Services. Vendors alone are responsible for their Listings and Vendor Services. When Members make or accept a booking for a Vendor Service, they are entering into a contract directly with each other. Kinnship is not and does not become a party to or other participant in any contractual relationship between Members. Kinnship is not acting as an agent in any capacity for any Member, except as where expressly specified in this Agreement.
1.3 While Kinnship may help facilitate the resolution of disputes, Kinnship has no control over and does not guarantee: (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services; (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below); or (iii) the performance or conduct of any Member or third-party. Kinnship does not endorse any Member, Listing or Vendor Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Kinnship about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to use Vendor Services, accept a booking request from a Customer, or communicate and interact with other Members, whether online or in person. Photographs on Kinnship’s Platform are not an endorsement by Kinnship of any Vendor or Listing.
1.4 If you choose to use the Kinnship Platform as a Vendor, your relationship with Kinnship is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, or partner of Kinnship for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Kinnship. Kinnship does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Vendor Services. You acknowledge and agree that you have complete discretion whether to list Vendor Services or otherwise engage in other business or employment activities.
1.5 To promote the Kinnship Platform and to increase the exposure of Listings to potential Customers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 The Kinnship Platform may contain links to third-party websites or resources (the “Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Kinnship is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Kinnship of such Third-Party Services.
1.7 Due to the nature of the internet, Kinnship cannot guarantee the continuous and uninterrupted availability and accessibility of the Kinnship Platform. Kinnship may restrict the availability of the Kinnship Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Kinnship Platform. Kinnship may improve, enhance, and modify the Kinnship Platform and introduce new Kinnship Services from time to time.
2. Eligibility, Using the Kinnship Platform, and Member Verification.
2.1 In order to access and use the Kinnship Platform or register a Kinnship Account (as defined below) you must be an individual at least eighteen (18) years old or a duly organized, validly existing business, organization, or other legal entity in good standing under the laws of the country, state, or territory where you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable laws in your local jurisdiction. You also represent and warrant that: (i) neither you nor your Vendor Services are located or take place 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; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you are not bound by any judicial judgments.
2.3 Kinnship may make access to and use of the Kinnship Platform, or certain areas or features of the Kinnship Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to: (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members; (ii) screen Members against third-party databases or other sources and request reports from service providers; and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Kinnship Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Kinnship Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Kinnship Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of These Terms.
Kinnship reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Kinnship Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Kinnship Platform will constitute your acceptance of the revised Terms.
4. Account Registration and Privacy.
4.1 You must register an account (the “Kinnship Account”) to access and use certain features of the Kinnship Platform, such as publishing or booking a Listing. If you are registering a Kinnship Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Kinnship Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your Kinnship Account and public Kinnship Account profile page information up-to-date at all times.
4.4 By default, your Kinnship Account profile page will be published on the Kinnship Platform and will be publicly accessible. You may change your account settings to make your profile page “private,” meaning only you, Kinnship, those with whom you share the direct link, and Members you contact or contract with can view it. You are responsible for electing to change your account settings to “private” if desired. You may change that account setting by logging into your Kinnship Account, navigating to the “Account” link, selecting “Edit Registry Information”, and deselecting “Public” and then “Update”.
4.5 You may not register more than one (1) Kinnship Account unless Kinnship gives you written authorization to do so in advance. You shall not assign or otherwise transfer your Kinnship Account to another party.
4.7 You are responsible for maintaining the confidentiality and security of your Kinnship Account credentials and may not disclose your credentials to any third-party. You must immediately notify Kinnship if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Kinnship Account. You are liable for any and all activities conducted through your Kinnship Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use of your credentials).
4.8 Kinnship may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Kinnship Account. For example, we may enable Members to link their Kinnship Accounts to businesses and take actions for those businesses, or we may enable eligible Members or certain third parties to book Vendor Services on behalf of other Members. These features do not require that you share your credentials with any other person. No third-party is authorized by Kinnship to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Kinnship may enable Members to: (i) create, upload, post, send, receive, and store content, such as text, photos, audio, video, or other materials and information on or through the Kinnship Platform (the “Member Content”); and (ii) access and view Member Content and any content that Kinnship itself makes available on or through the Kinnship Platform, including proprietary Kinnship content and any content licensed or authorized for use by or through Kinnship from a third-party (the “Kinnship Content” and together with Member Content, the “Collective Content”).
5.2 The Kinnship Platform, Kinnship Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Kinnship Platform and Kinnship Content, including all associated intellectual property rights, are the exclusive property of Kinnship and/or its licensors or authorizing third parties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notice(s) incorporated in or accompanying the Kinnship Platform, Kinnship Content, or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Kinnship used on or in connection with the Kinnship Platform and Kinnship Content are trademarks or registered trademarks of Kinnship in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third-parties used on or in connection with the Kinnship Platform, Kinnship Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Kinnship Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kinnship or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Kinnship grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Kinnship Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Member Content that you make available on or through the Kinnship Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Kinnship Platform or you have all rights, licenses, consents and releases that are necessary to grant to Kinnship the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission, or transmittal of the Member Content or Kinnship’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (directly, by omission, or failure to update information) or deceptive: (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any of Kinnship’s policies. Kinnship may, without prior notice, remove or disable access to any Member Content that Kinnship finds to be in violation of applicable law, these Terms, or Kinnship’s then-current policies or standards, or otherwise may be harmful or objectionable to Kinnship, its Members, third-parties, or property.
5.8 Kinnship respects copyright law and expects its Members to do the same. If you believe that any content on the Kinnship Platform infringes copyrights you own, please notify us in accordance with these Terms.
6. Service Fees.
6.1 Kinnship may charge fees to Vendors (the “Service Fees”) in consideration for the use of the Kinnship Platform.
6.2 Any applicable Service Fees (including any applicable taxes) will be available to view on the Kinnship Platform. Kinnship reserves the right to change the Service Fees at any time, and will provide Members with adequate notice of any fee changes before they become effective. If notice is delivered via email to the Member’s primary email address listed on the account, such notice shall be considered adequate. For the avoidance of doubt, fee changes will not affect any bookings made prior to the effective date of the fee change. The current Service Fee schedule can be accessed online at: www.kinnship.com/service-fees/.
6.3 You are responsible for paying any Service Fees that you owe to Kinnship. The applicable Service Fees (including any applicable taxes) are collected by Kinnship or Kinnship’s third-party payment services provider. Kinnship, or Kinnship’s third-party payments services provider, will deduct any transaction-specific fees (the “Vendor Fees”) from the List Price (as defined below) before remitting a payout to the Vendor. Except as otherwise provided on the Kinnship Platform, Service Fees are non-refundable. More information pertaining to Service Fees can be accessed at the webpage referenced in Section 6.2 of this Agreement.
7. Terms Specific for Vendors.
7.1 When creating a Listing through the Kinnship Platform you must: (i) provide complete and accurate information about your Vendor Service (such as listing description, location, and calendar availability); (ii) disclose any deficiencies, restrictions, and requirements that apply; and (iii) provide any other pertinent information requested by Kinnship. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.2 You are solely responsible for setting a price (including any taxes and any other charges if applicable) for your Listing (the “List Price”). Once a Customer requests a booking of your Listing, you may not request that the Customer pay a higher price than the price specified in the booking request.
7.3 It is the sole responsibility of the Vendor to submit a Listing as “Used” after the Vendor Service has been rendered in order to initiate the payout process. Vendors can do this by logging into their Vendor Account, navigating to the “Sales” page, navigating to the specific Vendor Service that was performed, selecting the “Mark as Used” button, inputting the appropriate number, and selecting “Confirm”. Payouts will be initiated 72 hours after a Listing has been marked as “Used”, assuming the Customer or Kinnship does not raise a dispute (further detailed in Section 10).
7.4 Any terms and conditions included in your Listing’s description must not conflict with these Terms.
7.5 You will provide all information that Kinnship requests during the vendor registration process including, without limitation, the Vendor’s name and address; if Vendor is a company, the name(s) and address(es) of Vendor’s owners; tax information; and a completed IRS Form W-9. After you register, if Kinnship revises its vendor registration process to require additional information, you will, within 30 days of Kinnship’s request, update your vendor registration.
7.6 Upon registration, you agree to an “Introductory Phase,” during which Kinnship may limit the number of sales you may make on the Kinnship Platform. The Introductory Phase will run 60 days. If, during that time, Kinnship determines that you are complying with your obligations under this Agreement and your contracts with Customers, Kinnship will remove the limit on your sales. Kinnship may extend the Introductory Phase, or it may reinstate an Introductory Phase if Kinnship determines that you are not complying with your obligations under this agreement and/or your contracts with Customers.
7.7 Pictures, animations, or videos (collectively, the “Images”) used in your Listings must accurately reflect the quality and condition of your Vendor Services. Kinnship reserves the right to require that Listings have a minimum number of Images of a certain format, size, and resolution.
7.8 The placement and ranking of Listings in search results on the Kinnship Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Vendor requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Vendor Service, and/or ease of booking.
7.9 When you accept a booking request by a Customer, you are entering into a legally binding agreement with the Customer and are required to provide your Vendor Services to the Customer as described in your Listing when the booking request is made. You also agree to pay the applicable Vendor Fees and any applicable taxes.
7.10 Kinnship recommends that Vendors obtain appropriate insurance for their Vendor Services. Please review your insurance policy carefully, and in particular, make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer has booked for, if applicable) while participating in your Vendor Service.
7.11 You represent and warrant that any Listing you post and the booking of your Vendor Services will: (i) not breach any agreements you have entered into with any third-parties; and (ii) comply with all applicable laws, tax requirements, and other rules and regulations (including, but not limited to, having all required permits, licenses, and registrations). As a Vendor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any of your employees, agents, representatives, or any third-parties acting on your behalf.
7.12 You understand, acknowledge, and agree that Kinnship may make a claim under your applicable insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property of the Customer. You agree to cooperate with and assist Kinnship in good faith, and to provide Kinnship with such information as may be reasonably requested by Kinnship, to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as Kinnship may reasonably request to assist Kinnship in accomplishing the foregoing.
7.13 As a Vendor providing Vendor Services, you may receive Customer Information including, without limitation, Customers’ names, physical addresses, mailing addresses, telephone numbers, and e-mail addresses. You may not use any of that information for any purpose other than providing services contracted for through the Kinnship Platform. You may not copy, reproduce, or store Customer Information; you may only access it through the Kinnship Platform.
7.14 As a Vendor, you are ultimately responsible for gauging safety and security of yourself and your employees. AS EXPLAINED BELOW, KINNSHIP MAKES NO WARRANTIES OF ANY KIND. KINNSHIP IS NOT RESPONSIBLE FOR THE ACTS OF ANY CUSTOMER, AND KINNSHIP HAS NOT PERFORMED ANY BACKGROUND CHECKS OR OTHER DUE DILIGENCE INTO ANY CUSTOMER.
8. Terms Specific for Customers.
8.1 Subject to meeting any requirements (such as completing any verification processes) set by Kinnship and/or the Vendor, you can book a Listing available on the Kinnship Platform by following the respective booking process. You agree to pay the full List Price for any booking requested in connection with your Kinnship Account.
8.2 Upon receipt of a booking confirmation from Kinnship, a legally binding agreement is formed between you and your Vendor, subject to any additional terms and conditions of the Vendor that apply, including, in particular, the applicable cancellation policy and any rules and restrictions specified in the Listing. Kinnship, or Kinnship’s third-party payment services provider, will collect full payment at the time of the booking request or upon the Vendor’s confirmation.
8.3 If you book a Vendor Service on behalf of another Customer, you are required to ensure that the other Customer meets any requirements set by the Vendor, and is made aware of and agrees to these Terms and any terms, conditions, rules, and restrictions set by the Vendor.
8.4 As a Customer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any of your employees, agents, representatives, or any third-parties acting on your behalf.
8.5 As a Customer, you are responsible for contacting the Vendor to schedule the appointment(s) or the service date(s) for the Vendor Services booked by you or on your behalf. Vendors may also contact Customers to schedule service dates using information provided to Kinnship when a Listing is purchased.
8.6 As a Customer, you are ultimately responsible for gauging safety and security of your home. AS EXPLAINED BELOW, KINNSHIP MAKES NO WARRANTIES OF ANY KIND. KINNSHIP IS NOT RESPONSIBLE FOR THE ACTS OF ANY VENDOR, AND KINNSHIP HAS NOT PERFORMED ANY BACKGROUND CHECKS OR OTHER DUE DILIGENCE INTO ANY VENDOR.
8.7 You understand, acknowledge, and agree that Kinnship may make a claim under your homeowner's, renter's, or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property of the Vendor. You agree to cooperate with and assist Kinnship in good faith, and to provide Kinnship with such information as may be reasonably requested by Kinnship, to make a claim under your homeowner's, renter's, or other insurance policy, including, but not limited to, executing documents and taking such further acts as Kinnship may reasonably request to assist Kinnship in accomplishing the foregoing.
9. Booking Modifications, Cancellations, and Refunds.
9.1 Customers can receive a full refund of their order for a period of 24 hours after they place their order on the Kinnship Platform, if no Vendor Services have been booked. Kinnship does not offer partial refunds. Refunds may only be credited to the credit card used to purchase the order that is being refunded. Refunds are non-transferrable. For example, in the case of a Customer purchasing an order for another person, only the Customer may obtain a refund. Customers may elect to receive their refund on a digital gift card, defined below. To request a refund, Customers must contact Kinnship directly via email at email@example.com.
9.2 Customers seeking a refund more than 24 hours after they place their order on the Kinnship Platform may request a digital gift card (the “Kinnship Gift Card”) for any sums that have not been forfeited under a Vendor’s cancellation policy, subject to the terms specified in this Section 9. Such Kinnship Gift Cards may be issued at Kinnship’s sole discretion, and nothing in this Agreement shall guarantee or represent that Kinnship will issue a Kinnship Gift Card upon a Customer’s request. Notwithstanding the foregoing, no Kinnship Gift Cards or refunds will be issued in the event that the Vendor Service in the applicable Listing has been performed/rendered, except in the event of a successful Customer dispute, as further described in Section 10 of this Agreement.
9.3 Customers can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Vendor, and Kinnship will provide a digital voucher (the “Listing Voucher”) for the amount of the List Price due to the Customer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the List Price due to the Vendor under the applicable cancellation policy will be remitted to the Vendor by Kinnship.
9.4 If a Vendor cancels a confirmed booking, the Customer will receive a full Listing Voucher for the same Vendor Services purchased for such booking. In some instances, Kinnship may allow the Customer to apply the credit to a new booking, i.e. with a new Vendor, in which case Kinnship will credit the value of the Listing Voucher against the Customer’s subsequent booking at the Customer’s direction. Further, Kinnship may publish an automated review on the Listing cancelled by the Vendor indicating that a booking was cancelled. In addition, Kinnship may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee.
9.5 For Vendor Services, if weather poses a safety risk to Customers or Vendors, or if it prevents a Vendor from carrying out a Vendor Service that takes place primarily outdoors, Vendors may cancel the Vendor Service without the option for Customer to apply the Listing Voucher to another Vendor. Vendors may also cancel the Vendor Service if other conditions exist that would prevent the Vendor from offering the Vendor Service safely.
9.6 In certain circumstances, Kinnship may decide that it is necessary to cancel a pending or confirmed booking and initiate corresponding credits and payouts. This may occur (i) where Kinnship believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Kinnship, other Members, third-parties, or property, or (ii) for any of the reasons set out in these Terms.
9.7 If a Customer or Kinnship cancels a confirmed booking, and the Customer receives a credit in accordance with these Terms or the applicable cancellation policy set by the Vendor and mentioned in the Listing, after the Vendor has already been paid, Kinnship will be entitled to recover the amount of any such credit from the Vendor, including by subtracting such credit amount out from any future payouts due to the Vendor.
9.8 Once Vendor completes a Vendor Service, the Vendor is responsible for informing Kinnship that the Vendor Service has been completed.
9.9 Within 18 months from the date a Listing is purchased (the date such Listing was purchased being the “Purchase Date”, and the date 18 months after the Purchase Date being the “Kinnship Expiration Date”), a service has not been rendered, there will be a Payout to the Vendor. This shall not be considered an expiration of the Listing Voucher. Once the Payout has occurred, Vendors shall still be responsible for honoring the service and shall treat it as a gift card with the full force of all applicable rules, laws, and regulations for such things relative to the respective jurisdictions in which the Vendor Service is located. After the Kinnship Expiration Date, Kinnship shall no longer have an intermediary relationship between the Recipient and the Vendor. All rights, obligations, or responsibilities between the parties related to the specific Listing deemed to have expired shall have no further force or effect after the Kinnship Expiration Date, except as exists between the Recipient and the Vendor.
10. Disputes and payment to Vendors.
10.1 Immediately upon completion of a Vendor Service, the Vendor must notify Kinnship via the Kinnship Platform. Customers will receive an email confirming that the Vendor has informed Kinnship that the Vendor Service has been completed. Customer has seventy-two (72) hours from the email notification to dispute that a Vendor Service has been completed.
10.1 If the Customer does not dispute the Vendor’s performance of the Vendor Service as allowed by these Terms, Kinnship will pay the Vendor’s Listing Fee seventy-two (72) hours after Vendor notifies Kinnship that a Vendor Service has been completed.
10.3 If the Customer disputes a Vendor’s performance of the Vendor Service pursuant to these Terms, Kinnship will withhold payment until it has resolved the dispute. In the event of a dispute, Kinnship shall have sole and absolute discretion to determine whether payment is warranted.
11. Kinnship Gift Cards.
11.1 Kinnship Gift Cards will be issued (i) in the case of a dispute where Kinnship has resolved in favor of the Customer, (ii) if there is a problem with one item of a multiple-item sale in the initial 24-hour period after purchase (i.e., in lieu of a full refund), or (iii) in limited other cases where, in Kinnship’s sole discretion, circumstances warrant.
11.2 Kinnship Gift Cards may be rendered “invalid” if they have been used or if they have expired (where applicable). Subject to and depending on the applicable laws of the jurisdiction in which the Vendor Service is located, an expiration date will be clearly communicated to the Customer upon issuance of the Kinnship Gift Card. It will also be reasonably available upon request by the Customer by emailing such request to firstname.lastname@example.org.
11.3 When using or receiving a Kinnship Gift Card, the Customer agrees to be bound by the terms and conditions of certain Third Party Services who may administer such services related to the gift card, including, but not limited to, service fees charged in accordance with the Third Party Services.
12. Ratings and Reviews.
12.1 Within a certain time frame after completing a booking, Customers and Vendors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings and Reviews reflect the opinions of individual Members and do not reflect the opinion of Kinnship. Ratings and Reviews are not verified by Kinnship for accuracy and may be incorrect or misleading.
12.2 Ratings and Reviews by Customers and Vendors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 of these Terms.
12.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third-party to write a positive or negative Review about another Member.
12.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Kinnship Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time, and other information.
13. Rounding Off.
Kinnship generally supports payment amounts that are payable from or to Customers or Vendors to the smallest unit supported by a U.S. currency. Where Kinnship’s third-party payment services provider does not support payments in the smaller unit supported by a U.S. currency, Kinnship may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Customers or Vendors to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest U.S. dollar); for example, Kinnship may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
14.1 As a Vendor you are solely responsible for determining your obligations to report, collect, remit, or include in your Listing Fees any applicable sales taxes, income tax, or any other tax.
14.2 Tax regulations may require us to collect appropriate tax information from Vendors, or to withhold taxes from payouts to Vendors, or both. If a Vendor fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
14.3 Kinnship does not assume any liability for the failure of a participating Vendor to comply with any applicable tax reporting or remittance obligations.
15. Prohibited Practices.
15.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Kinnship Platform. In connection with your use of the Kinnship Platform, you shall not, nor shall you assist or enable others to, do any of the following:
15.1.1 Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, these Terms, or any of our other policies and/or standards;
15.1.2 Use the Kinnship Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Kinnship endorsement, partnership, or otherwise misleads others as to your affiliation with Kinnship;
15.1.4 Use the Kinnship Platform in connection with the distribution of unsolicited commercial messages (e.g., “spam”);
15.1.5 Offer, as a Vendor, any Vendor Services that you do not yourself own or have permission to offer through the Kinnship Platform;
15.1.6 Unless Kinnship explicitly permits otherwise, book any Listing if you will not actually be using the Vendor Services yourself;
15.1.7 Contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Kinnship Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications, or websites, without our prior written approval;
15.1.8 Use the Kinnship Platform to request, make, or accept a booking independent of the Kinnship Platform, to circumvent any Service Fees or for any other reason;
15.1.9 Request, accept, or make any payment for Listing Fees outside of the Kinnship Platform or Kinnship’s third-party payment services provider. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment; and (iii) hold Kinnship harmless from any liability for such payment;
15.1.10 Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or otherwise engage in any violent, harmful, abusive, or disruptive behavior;
15.1.11 Use, display, mirror, or frame the Kinnship Platform or Collective Content, or any individual element within the Kinnship Platform, Kinnship’s name, any Kinnship trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Kinnship Platform, without Kinnship’s express written consent;
15.1.12 Dilute, tarnish, or otherwise harm the Kinnship brand in any way, including through unauthorized use of Collective Content, registering and/or using Kinnship or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domains names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Kinnship domains, trademarks, taglines, promotional campaigns, or Collective Content;
15.1.13 Use any robots, spider, crawler, scraper, or other automated means or processes to access, collect data, or other content from or otherwise interact with the Kinnship Platform for any purpose;
15.1.14 Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Kinnship or any of Kinnship’s providers or any other third-party to protect the Kinnship Platform;
15.1.15 Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Kinnship Platform;
15.1.16 Take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Kinnship Platform;
15.1.17 Export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
15.1.18 Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
15.2 You acknowledge that Kinnship has no obligation to monitor the access to or use of the Kinnship Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to: (i) operate, secure, and improve the Kinnship Platform (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) respond to Member Content that Kinnship determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Kinnship in good faith, and to provide Kinnship with such information and take such actions as may be reasonably requested by Kinnship with respect to any investigation undertaken by Kinnship or a representative of Kinnship regarding the use or abuse of the Kinnship Platform.
15.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Kinnship by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
16. Term and Termination, Suspension, and Other Measures.
16.1 This Agreement shall be effective for a thirty (30) day term, at the end of which it will automatically and continuously renew for subsequent thirty (30) day terms until such time when you or Kinnship terminate the Agreement in accordance with this provision.
16.2 You may terminate this Agreement at any time by sending an email to email@example.com. If you cancel your Kinnship Account as a Vendor, any confirmed booking(s) will be automatically cancelled and your Customers will receive a full credit (typically in the form of a Kinnship Gift Card). Any applicable recurring fees (i.e. account maintenance fees) automatically deducted may be refunded on a prorated basis. For example, if a Vender cancels their Kinnship Account on March 5th, and a monthly payment was automatically deducted on March 1st, a refund would be issued for 25/30ths of the monthly payment amount. If you cancel your Kinnship Account as a Customer, any confirmed booking(s) will be automatically cancelled and any credit will depend upon the terms of the Listing’s cancellation policy.
16.3 Without limiting our rights specified below, Kinnship may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
16.4 Kinnship may immediately, without notice, terminate this Agreement and/or stop providing access to the Kinnship Platform if: (i) you have materially breached your obligations under these Terms, or any of our other policies and/or standards, (ii) you have violated applicable laws, regulations, or third party-rights, or (iii) Kinnship believes in good faith that such action is reasonably necessary to protect the personal safety or property of Kinnship, its Members, or third-parties (for example in the case of fraudulent behavior of a Member).
16.5 In addition, in order to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (i) you have breached these Terms, any of our other policies and/or standards, applicable laws, regulations, or third-party rights, (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information during the Kinnship Account registration, Listing process or thereafter, (iii) you and/or your Listings or Vendor Services at any time fail to meet any applicable quality or eligibility criteria, (iv) you have repeatedly received poor Ratings or Reviews or Kinnship otherwise becomes aware of or has received complaints about your performance or conduct, (v) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vi) Kinnship believes in good faith that any action is reasonably necessary to protect the personal safety or property of Kinnship, its Members, or third-parties, or to prevent fraud or other illegal activity, Kinnship may take any of the following measures:
16.5.1 Refuse to surface, delete, or delay any Listings, Ratings, Reviews, or other Member Content;
16.5.2 Cancel any pending or confirmed bookings;
16.5.3 Limit your access to or use of the Kinnship Platform;
16.5.4 Temporarily or permanently revoke any special status associated with your Kinnship Account; or
16.5.5 Temporarily or, in case of severe or repeated offenses, permanently suspend your Kinnship Account and stop providing access to the Kinnship Platform.
In the case of non-material breaches and where appropriate, you will be given notice of any intended measure by Kinnship and an opportunity to resolve the issue to Kinnship’s reasonable satisfaction.
16.6 If we take any of the measures described Section 14.5 above (i) we may credit your Customers in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
16.7 When this Agreement has been terminated, you are not entitled to a restoration of your Kinnship Account or any of your Member Content. If your access to or use of the Kinnship Platform has been limited or your Kinnship Account has been suspended or this Agreement has been terminated by us, you may not register a new Kinnship Account or access and use the Kinnship Platform through a Kinnship Account of another Member.
16.8 Section 5 and Sections 16 to 20 of these Terms shall survive any termination or expiration of this Agreement.
IF YOU CHOOSE TO USE THE KINSHIP PLATFORM OR COLLECTIVE CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE KINNSHIP PLATFORM AND COLLECTIVE CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THESE TERMS SET FORTH IN THIS AGREEMENT. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE OF THE GOODS AND/OR SERVICES OFFERED ON THE KINNSHIP PLATFORM BY ANY VENDOR IS WITH THE CUSTOMER. IF ANY GOODS SOLD THROUGH THE KINNSHIP PLATFORM PROVE DEFECTIVE AFTER PURCHASE, THE CUSTOMER, NOT THE VENDOR OR KINNSHIP, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE KINNSHIP SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR LISTINGS AND/OR VENDOR SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY KINNSHIP RELATING TO A LISTING.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
18. WAIVER OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE KINNSHIP PLATFORM AND COLLECTIVE CONTENT, YOUR PUBLISHING OR BOOKING OF ANY LISTING VIA THE KINNSHIP PLATFORM, YOUR USE OF ANY VENDOR SERVICE, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER MEMBERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER KINNSHIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE KINNSHIP PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF, OR INABILITY TO USE, THE KINNSHIP PLATFORM OR COLLECTIVE CONTENT, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT, OR MEET WITH AS A RESULT OF YOUR USE OF THE KINNSHIP PLATFORM, OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF A LISTING’S VENDOR’S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KINNSHIP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, DEFEND (AT KINNSHIP’S OPTION), INDEMNIFY, AND HOLD KINNSHIP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR BREACH OF THESE TERMS OR ANY OF OUR OTHER POLICIES AND/OR STANDARDS, (II) YOUR IMPROPER USE OF THE KINNSHIP PLATFORM OR ANY KINNSHIP SERVICES, (III) YOUR INTERACTION WITH ANY MEMBER, INCLUDING WITHOUT LIMITATION ANY INJURIES, LOSSES OR DAMAGES (WHETHER COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF SUCH INTERACTION, OR (IV) YOUR BREACH OF ANY LAWS, REGULATIONS, OR THIRD-PARTY RIGHTS.
20. APPLICABLE LAW, JURISDICTION AND JURY TRIAL WAIVER.
THESE TERMS, AND ALL CLAIMS OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR STATUTE) THAT MAY BE BASED UPON, ARISE OUT OF, OR RELATE TO THESE TERMS, THE KINNSHIP PLATFORM, AND/OR THE KINNSHIP SERVICES, OR THE NEGOTIATION, EXECUTION, OR PERFORMANCE OF THESE TERMS (INCLUDING ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR RELATED TO ANY REPRESENTATION OR WARRANTY MADE IN OR IN CONNECTION WITH THESE TERMS OR AS AN INDUCEMENT TO ENTER INTO THESE TERMS), SHALL BE GOVERNED BY, AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF MAINE, INCLUDING ITS STATUTES OF LIMITATIONS.
ANY CIVIL ACTION (WHETHER IN CONTRACT, TORT, OR STATUTE) THAT MAY BE BASED UPON, ARISE OUT OF, OR RELATE TO THESE TERMS, THE KINNSHIP PLATFORM, AND/OR THE KINNSHIP SERVICES MUST BE BROUGHT IN STATE OR FEDERAL COURT IN THE STATE OF MAINE, UNLESS WE BOTH AGREE TO SOME OTHER LOCATION. YOU AND WE BOTH CONSENT TO PERSONAL JURISDICTION IN THE STATE OF MAINE.
YOU AND KINNSHIP ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ANY AND ALL CLAIMS OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR STATUTE) THAT MAY BE BASED UPON, ARISE OUT OF, OR RELATE TO THESE TERMS, THE KINNSHIP PLATFORM, AND/OR THE KINNSHIP SERVICES.
21. General Provisions.
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Kinnship and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Kinnship and you in relation to the access to and use of the Kinnship Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Kinnship as a result of this Agreement or your use of the Kinnship Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 Kinnship’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Kinnship’s prior written consent. Kinnship may, without restriction assign, transfer, or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with thirty (30) days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically, and given by Kinnship via email, Kinnship Platform notification, or messaging service (such as SMS).
21.8 If you have any questions about these Terms, please email us.