Terms and conditions KWIKI

These terms and conditions are between you and us, KWIKI, part of The Very Little Agency in Maastricht, Lyonnetstraat 3, 6221AP, The Netherlands.

By creating an account on the Kwiki app you agree to be bound by these Terms and Conditions. You will find information about your rights and obligations relating to the use of our product and services. We recommend you carefully read these terms and conditions. If you do not accept and agree to be bound by all of the terms and conditions, you should not use the Kwiki app.

Article 1. Definitions

Terms and Conditions - The terms and conditions contained in this document

Service - Any service that is offered by Kwiki

Login information - The combination of phone number and OTP (SMS message containing a 6 number code) necessary log into an account on our App

You - The legal person that has made an account on our app.

Kwiki - The company Kwiki, registered and located at Lyonnetstraat 3, 6221AP, The Netherlands.

Agreement - The agreement between User and Kwiki to be concluded upon making use of our Services.

Service - The App experience on the App by Kwiki

Privacy Statement - The privacy policy of Kwiki, which can be found in the App.

App - Kwiki’s app where the Services are offered;

Article 2. Applicability

The Terms and Conditions are applicable to the App, any offer Kwiki sets forth in the App, the use of the App, and any Agreement concluded via the App.
Kwiki may supplement or modify these Terms and Conditions at any time. Changes are not applicable to already concluded Agreements. The most recent Terms and Conditions can be found on the App. In the event that you do not agree with the modified agreement, you may no longer be able to use the Services.

Kwiki explicitly rejects any terms and conditions brought forth by you. These will be treated as non-applicable to the Agreement between Kwiki and you.
You must be at least 18 years of age to create an account on Kwiki and use the Service. By creating an account and using the Service, you certify that:

You can legally form a binding agreement, you are not a person who has previously been banned from using the Service, you will comply with this Agreement and all applicable laws, rules and regulations, and you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence.

You are responsible for your interactions with other members. you understand that kwiki does not conduct criminal background checks on its members or otherwise inquire into the background of its members. kwiki makes no representations or warranties as to the conduct or compatibility of members.

Article 3. Offer and formation of the Agreement

The Agreement is concluded by accepting the Terms and Conditions as part of completing the order process.
Any offer on the App is non-binding and may be immediately revoked at any time.
Kwiki is not bound to any obvious errors or mistakes relating to Offers found on the App.

By creating an account in our app you agree to these terms and conditions.

Article 4. Use and availability of the App

Access to the App is granted to you via an account on the app. You must own a phone number where you will receive an OTP code to access the app.

To learn more on what information we collect, please refer to our privacy statement.
Kwiki does not guarantee that information found on the App is always correct, up to date, or complete.
During the signup process, Login details must be filled in by you. It is the responsibility of you to ensure Login details are complete, up to date, and correct.

You are responsible and accountable for any use of these Login details.
As soon as you know or have reason to suspect that Login Data has been received or used by an authorised person, you shall notify Kwiki without prejudice to his or her own obligation to take immediate action, such as changing the Login Data.

Kwiki reserves the right to change the login procedure or the Login details of you if deemed necessary for the proper functioning of the App.

You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Service and grant the licence to Kwiki above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any kwiki content or functionality, in whole or in part, that in our sole judgement violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for Kwiki allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Kwiki regarding our Service, you agree that Kwiki may use and share such feedback for any purpose without compensating you.

Kwiki will filter out user accounts based on likes or dislikes without revealing your identity to any commercial third party.

Article 5. Price and Payment

Kwiki grants you licence to access the App and the Services under certain conditions.

This licence is personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable. As a user of the App, you agree not to:
Use the App or service for any commercial purposes
Copy, modify, or duplicate any content found in the App
Use the Service in a manner that could negatively affect the Service or networks connected to the Service.
Use or develop any third party applications that interact with the App that may change its behaviour in any way.
Promote any behaviour or activity that violates the current terms.
You agree that all information you submit is accurate and have the right to post the content.
Kwiki may investigate and take any available legal action in response to illegal or unauthorised uses of the Service, including termination of your account.

Article 6. Usage rights

Personal data input by you is stored at Kwiki when you use the app or fill in Signup details. This personal data shall be processed according to the applicable laws provided for in the Privacy Statement.

Your profile will be public to other registered users of Kwiki but not to anonymous users.

Users have the ability to block as well as report other users in case of misbehaviour or serious offence, the Kwiki team will pick up these reports and will act upon any action that breaks the rules established in these Terms and Conditions.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

All users’ personal details are stored in databases owned by Kwiki and will be kept safe, only managed by our development team, administrators and other specialists appointed for maintenance.

Users can at all times terminate their accounts by themselves by going to their own account settings and delete their profile. If any user needs assistance regarding termination of an account you can send us an email to info@playkwiki.com and we will reply as soon as possible.

We follow the GDPR law regarding privacy.

Article 7. Privacy

To the fullest extent permitted by applicable law, in no event will kwiki, its affiliates, employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the service, (ii) the conduct or content of other members or third parties on, through, or following use of the service; or (iii) unauthorised access, use or alteration of your content, even if kwiki has been advised of the possibility of such damages. in no event will kwiki’s aggregate liability to you for all claims relating to the service exceed the greater of the amount paid, if any, by you to kwiki for the service and usd100 while you have an account.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

Article 8. Community Rules

By using the Service, you agree that you will not:

use the Service for any purpose that is illegal or prohibited by this Agreement.
use the Service for any harmful or nefarious purpose
use the Service in order to damage Kwiki
violate our Community Guidelines, as updated from time to time.
spam, solicit money from or defraud any members.
impersonate any person or entity or post any images of another person without his or her permission.
bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic.
post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
use another member's account, share an account with another member, or maintain more than one account.
create another account if we have already terminated your account, unless you have our permission.
Kwiki reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Kwiki regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

Article 9. Limitation of Liability

Kwiki’s liability is limited to the compensation of direct loss regardless of the stated claim for liability.
In regard to paragraph 1, Kwiki defines direct loss as:
a. Property damage, solely within the meaning of Section 3 Chapter 3 of Book 6 of the Dutch Civil Code (Burgerlijke Wetboek)
b. Reasonable costs made for avoiding property damage insofar you can prove that the expenses incurred have led to a limitation in the property damage in relation to the Agreement.
c. Reasonable expenses made by you to establish the cause and extent of the damage, insofar the damage is directly related to the property damage in relation to the Agreement.
d. Reasonably made costs made by you to hold Kwiki accountable for the defective performance in relation to the Agreement.
Kwiki is not liable for damage or loss other than direct loss as defined in paragraph 2. This includes, but is not limited to, loss of profit, loss of earnings, expected savings, and other similar financial losses as well as loss of goodwill or reputation and all other damage that does not fall within the scope of direct loss.
To the extent that Kwiki is liable, the liability is limited to the stated price of the Service or Product.
The right to claim compensation for damage expires one (1) year after the event that caused the damage has taken place.

Article 10. Content and conduct of users

Kwiki takes no responsibility for any content that you or any users post, send or receive through the Service.
Kwiki takes no responsibility for conduct of any users of the App and Services, on or offline.
Kwiki reserves the right to review any and all content submitted on the App and subsequently remove the content if it is deemed to violate the Community rules or the Terms and Conditions.
Kwiki cannot guarantee that all users will adhere to the Community rules or these Terms and Conditions.

Article 11. Miscellaneous

You may not transfer any rights or obligations from the Agreement to third parties.

Kwiki provides the Service as is and provides no guarantee that the services will be uninterrupted or error free at all times. Kwiki will correct any errors or defects as fast as possible. If you discover an error or defect, please notify Kwiki through its bug report channel.

Dutch law is the applicable law to the Agreement. The application of the CISG is expressly rejected.