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Please read these terms and conditions (“Payment & Kaynchi Wallet User Account Terms”) carefully before registering, accessing or making or receiving payments through the Kaynchi Wallet User Account located at https://www.kaynchi.org/ (“Kaynchi Website”) or the Kaynchi mobile application (hereinafter collectively referred to as “Kaynchi Platform”) on any device and/or before using any services in relation to the Kaynchi Wallet User Account that may be offered by Kaynchi on the Kaynchi Platform (hereinafter referred to as “Services”). These Payment & Kaynchi Wallet User Account Terms form a legal agreement between you (“User” or “you”) and R-Sc Internet Services Pakistan (Pvt) Limited (“Kaynchi” or “we”). These Payment & Kaynchi Wallet User Account Terms are supplemental to and deemed to be incorporated into the Terms of Use located at https://www.kaynchi.org/legal/terms, which govern your use of the Kaynchi Platform.
Whenever the context requires, “User” or “you” shall mean any natural person who has reached eighteen (18) years of age who is eligible to contract and has registered for the Kaynchi Wallet User Account by accepting these Payment & Kaynchi Wallet User Account Terms.
You agree and acknowledge that you have read the Payment & Kaynchi Wallet User Account Terms set forth below. In addition, you confirm that you are (a) a citizen of Pakistan, resident in Pakistan; (b) have attained the age of 18 years; and (c) have a valid Kaynchi account. If you do not agree to these Payment & Kaynchi Wallet User Account Terms or do not wish to be bound by these Payment & Kaynchi Wallet User Account Terms, or are below eighteen (18) years of age, please do not use the Services and Kaynchi Wallet User Account and/or immediately discontinue your use of the Services and Kaynchi Wallet User Account.
Your use of the Services, the Kaynchi Wallet User Account and the Kaynchi Platform indicates your agreement to these Payment & Kaynchi Wallet User Account Terms, so please read the Terms carefully before proceeding. By implicitly or expressly accepting these Payment & Kaynchi Wallet User Account Terms, you also accept and agree to be bound by Kaynchi’s policies (including, but not limited to, our Privacy Policy) available on the Kaynchi Website, as may be amended from time to time.
Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.
Kaynchi Balance is the aggregated amount of your Revenue as an Artist and/or returned payments from canceled orders as a Buyer.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Artists in connection with the Kaynchi platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Artists, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Kaynchi Balances.
Revenue is the money that Artists earn from completed orders and can either withdraw or use to purchase on Kaynchi, subject to these Terms.
Pending Commision is the money that Artists have to pay back to Kaynchi when a Buyer purchases the Gig and/or service via Cash-on-Delivery (COD). It is defined as 20% of the Buyer’s purchase amount.
Kaynchi offers a closed system payment account to a User on the Kaynchi Platform. To use the Kaynchi Platform, a User must register by providing their details, namely, name, email address, and mobile number (“User’s Details”), and a Kaynchi Wallet User Account will be issued to a User immediately upon successful registration on the Kaynchi Platform.
2.1.1 Each Gig you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.
2.1.2 Kaynchi accredits Artists once an order is completed. See the "Orders” section in the Terms of Service for a definition of a completed order.
2.1.4 Artists are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Artists represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Gig page is inclusive of all such taxes and charges that may apply to the Artists.
2.1.5 Appointment as Limited Payment Collection Agent: Artist hereby appoints Kaynchi as Artist’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Artist. Artist agrees that payment from Buyer to Kaynchi shall be considered the same as made directly to Artist. Buyer’s payment obligation to Artist will be satisfied upon receipt of payment by Kaynchi (or its Payment Services Provider, as applicable), and Kaynchi (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Artist in the manner described in these Payment & Kaynchi Wallet User Account Terms. In the event that Kaynchi (via Payment Services Provider) does not remit any such amounts to Artist, the Artist will have recourse only against Kaynchi and not the Buyer directly. Artist agrees that Kaynchi may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Kaynchi may deem necessary or prudent.
2.1.6 Kaynchi partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Artists, and holding funds in connection with Kaynchi Wallet Balances. All payments services in connection with the withdrawal of funds on the Kaynchi platform are performed by Kaynchi’s Payment Services Providers.
2.2.1 To withdraw your revenue, you must have an account with at least one of Kaynchi's Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with Kaynchi’s Payment Services Provider. All payment services, including withdrawal services, will be provided by Kaynchi’s Payment Services Provider.
2.2.2 Your Kaynchi profile can be associated with only one account from each Kaynchi withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Kaynchi profile.
2.2.3 Artists may withdraw their revenues using one of Kaynchi’s withdrawal options (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.
2.2.4 For security concerns, Kaynchi may temporarily disable an Artist's ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Kaynchi accounts to a single withdrawal provider.
2.2.8 Artists will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Kaynchi's approval.
3.1.1 Buyers pay Kaynchi to create an order from a Artist’s Profile page accessed via “Browse” or “Locate” on Kaynchi Platform, using the Place Order button. Kaynchi partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Artists, and holding funds in connection with Kaynchi Wallet Balances. All payments services in connection with the collection of funds on the Kaynchi platform are performed by Kaynchi’s Payment Services Providers.
3.1.2 Kaynchi serves as Artist’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Artist. Buyer’s payment obligation to Artist will be satisfied upon receipt of payment by Kaynchi (or its Payment Services Provider, as applicable), and Kaynchi (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Artist in the manner described in these Payment & Kaynchi Wallet User Account Terms. In the event that Kaynchi (via Payment Services Provider) does not remit any such amounts to Artist, the Artist will have recourse only against Kaynchi and not the Buyer directly.
3.1.3 Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of February 2023, the service fees are 0% of the purchase amount. For purchases under Rs 1000 an additional Rs 2 small order fee will be applied.
3.1.5 You may not offer Artists to pay, or make payment using any method other than through the Kaynchi Platform. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
3.1.6 You agree to receive invoices and/or payment receipts from Kaynchi in electronic form as PDF documents, by email or through the Platform.
3.1.7 To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either Kaynchi or Kaynchi’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. Kaynchi is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
3.1.8 By using any payment method and/or providing payment details for making purchases on Kaynchi, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Kaynchi; and (d) such actions do not violate any applicable law.
4.1 In certain instances, Kaynchi may offer you Kaynchi reward points (“Kaynchi Coins” or “K-coins”), either for promotional purposes or otherwise, to be used for getting Order discounts on Gigs and/or other services offered on the Platform. See the "Kaynchi Rewards” section in the Terms of Service for more detail on K-coins.
4.2 Your available K-coin balance will appear in your account. Your valid Order discounts can be manually applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, K-coins expire following three months from their receipt. K-coins serve only as an incentive to use Kaynchi, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, K-coins may not be returned to your account even if your Order gets canceled. K-coins may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the K-coins.
4.3 K-coins may be voided in the event of fraud, misuse, or violation of these Terms. Kaynchi reserves the right to modify or cancel the Kaynchi Rewards program at any time. If you or Kaynchi deactivate or suspend your Kaynchi account, any unused K-coins in your account will no longer be available.
5.1 From time to time we may offer you promo codes for purchasing Gigs and/or other services offered on the Platform, on special discounts.
5.2 Promo Codes are valid only for purchases on Kaynchi and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. Promo Codes do not apply to K-coins. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes.
5.3 Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. Kaynchi reserves the right to modify or cancel promo codes at any time.
6.1 Kaynchi may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Kaynchi will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Kaynchi will be required to withhold such an Pending Commission will be deducted from the Artist’s revenue, as required by applicable laws.
6.2 Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment.
6.3 Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.
7.1 Pending Commission has to be paid by the Artist as it is the outstanding Commission amount from Buyer’s purchases made on the Platform via Cash-on-Delivery (COD).
7.2.1 Green: the outstanding amount of Commission payable by the Artist is in an acceptable range. Artists are advised to stay in a green, preferably, no outstanding balance. There is a defined Cap amount for Green before the warning level goes to Yellow.
7.2.2 Yellow: the outstanding amount of the Commission payable by the Artist has exceeded the defined cap amount of Green warning. Kaynchi will send an email & SMS notification to the Artist to clear all outstanding Pending Commission via the Payment Methods defined, otherwise, the Artist account will be subject to suspension or ban.
7.2.3 Red: the outstanding amount of the Commission payable by the Artist has exceeded the defined cap amount of Yellow warning. Kaynchi will send an email & SMS notification to the Artist on the subject’s Kaynchi account suspension & will require to clear all outstanding Pending Commision via Payment Methods defined to continue selling on the Platform.
7.3 All outstanding Pending Commission will be automatically deducted from future revenues of the Artist where Buyer purchases the subject Artist’s Gig and/or services via Digital Payment methods.
We encourage our Buyers and Artists to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Platform, users can contact Kaynchi's Customer Support department for assistance here.
8.1.1 Order cancellations can be performed on Kaynchi, when eligible, by Customer Support or through the Resolution Center per order.
8.1.2 Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
8.1.3 In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Platform's dispute resolution tools to attempt to resolve the matter.
8.1.4 Kaynchi, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Platform.
9.2 Eligibility for requests to Kaynchi to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Kaynchi delivery system. See below for Order specific eligibility.
9.3 The amounts paid for the canceled order will be returned to the Buyer’s Kaynchi Wallet Balance and will be deducted from the Artist’s Kaynchi Wallet Balance or, if there are no sufficient amounts in the Artist’s Kaynchi Wallet Balance, from future revenues of such Artist.
9.4 Orders are not eligible to be canceled based on the quality of service/materials delivered by the Artist if the service was rendered as described in the Artist’s Profile Page. You may rate your experience with the Artist on the Order Page, including the overall level of service quality received.
9.5 You must use Kaynchi’s Resolution Center to address your concerns and desired resolution related to the service provided by their Artist prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Artist of issues related to the Artist’s service and will allow Artists to provide a resolution first. This does not include non-permitted usage of Kaynchi.
9.6 Any non-permitted usage of Kaynchi encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Kaynchi’s Terms of Service.
9.7.1 Active orders (after requirements were submitted to the Artist and before the Artist clicks on Start Grooming button on Kaynchi):
9.7.1.1 In case the Artist is traveling to the Buyer’s Location, and is late and unresponsive for more than 1 hour from the ‘Time to Reach’ provided by the Artist for an On-Demand order; it is marked as Late.
9.7.1.2 Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
9.7.1.3 The user is no longer an active Kaynchi user due to Terms of Service violations or closure of their account.
9.7.2.1 The Artist did not perform the purchases Gig and/or services & there is no proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
9.7.2.2 The Artist requests additional payments, on or off the Kaynchi platform, by withholding the services directly related to the agreed requirements.
9.7.2.3 Users who threaten to leave a damaging review to gain more services from the Artist not related to the agreed requirements.
Kaynchi reviews cases of payment provider chargebacks and disputes on behalf of Artists. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Artist’s favor. If the chargeback case allows, Kaynchi (or one of Kaynchi’s Payment Services Providers) will return parts or full revenue back to Artists, otherwise the chargeback amount will be borne by the Artists.
Kaynchi does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's Kaynchi Wallet Balance and are available for future purchases on Kaynchi. Kaynchi returns service fees to your Kaynchi Wallet Balance once an order is canceled. In any event, if the service fees were not returned to your Kaynchi Wallet Balance following an order cancellation, such service fees’ amount will be exempted from your next purchase on Kaynchi.
The key features of the Kaynchi Wallet User Account are set out below:
Users can maintain monetary value in the Kaynchi Wallet User Account. Monetary value can only be loaded in the Kaynchi Wallet User Account in the following ways:
The balance in the Kaynchi Walllet User Account can only be used to purchase goods and/or services from the Artists listed on the Kaynchi Platform (“Artists”).
If you choose to utilize the balance in your Kaynchi Wallet User Account for an order and the value of the order exceeds the balance in your Kaynchi Wallet User Account, the balance in your Kaynchi Wallet User Account shall be utilized in full and the remaining amount of the order shall be charged to the online payment method via EasyPaisa, Jazzcash and/or debit card & credit card or by Cash-on-Delivery (“COD”)
If you choose to utilize the balance in your Kaynchi Wallet User Account for an order and the value of the order is less than the balance in your Kaynchi Wallet User Account, Kaynchi will only deduct the value of the order from the balance in the Kaynchi Wallet User Account. Any remaining balance in your Kaynchi Wallet User Account may be used on subsequent orders.
13.4 Each User is permitted to operate only one (1) Kaynchi Wallet User Account. Any suspected violation of this condition shall constitute grounds for suspension of the User’s access to all Kaynchi Wallet User Accounts of the User.
13.5 Kaynchi may, from time to time, require additional information from you regarding your identity and your use of the Kaynchi Wallet User Account, including transactions made thereon, identification information and number of Kaynchi Wallet User Accounts being held by you. You agree that you will provide in good faith accurate, complete and truthful responses to such queries from Kaynchi, and your failure to do so may result in the immediate suspension or termination of your Kaynchi Wallet User Account and/or Kaynchi Account.
13.6 Kaynchi reserves the right to suspend/discontinue the Kaynchi Wallet User Account at any time, for any cause, including, but not limited, to the following:
13.6.1 For any suspected violation of any applicable laws, rules, regulations, orders, directions, notifications and guidelines, including notices and guidelines issued by State Bank of Pakistan from time to time or for any violation of any instructions or notifications issued by Kaynchi to the User from time to time or any terms of usage of Kaynchi’s services, including these Payment & Kaynchi Wallet User Account Terms;
13.6.2 any suspected discrepancy, false information and/or inaccuracies in the User’s Details and any other identification, financial information or supporting documents provided by the User;
13.6.3 to combat potential fraud, sabotage, money laundering, terrorism financing, willful destruction, or for any other force majeure event; or
13.6.4 Kaynchi in its sole opinion and discretion believes that cessation/suspension of the Kaynchi Wallet User Account is necessary for any other legitimate purpose.
13.7 Mode of Refund: If you are entitled to a refund in accordance with the refund and cancellation policies set out in the Terms of Use, the default mode of refund for orders in which payments were done through credit cards, debit cards and COD will be a refund to the Kaynchi Wallet User Account. The amount approved for refund to you shall be in Kaynchi’s sole discretion. The refund will be processed as soon as reasonably practicable and will be instantaneous where possible. Once the refunded amount is reflected in the Kaynchi Wallet User Account, the refunded amount can be redeemed immediately on your next order. Please note that you may transfer the refunded amount from your Kaynchi Wallet User Account to the original payment source which was used to make payment for the order. However, for Orders in which payments were made through COD, we will request you to designate a bank account and the refund will be processed to that account. Such transfer, including transfer to credit card or debit card, may take seven (7) to ten (10) business days. Notwithstanding the foregoing, we reserve the right to refuse any request for transfer to source in order to ensure compliance with its risk management policies or regulatory obligations.
13.8 Validity of Balance in Kaynchi Wallet User Account: The balance reflected in your Kaynchi Wallet User Account does not expire as long as you have a valid Kaynchi Wallet User Account. In the event that your Kaynchi Wallet User Account terminates or you wish to close your Kaynchi Wallet User Account, you may redeem the entire outstanding balance in your Kaynchi Wallet User Account by making a purchase on the Kaynchi Platform before closing your Kaynchi Wallet User Account. However, if your Kaynchi Wallet User Account is terminated by Kaynchi pursuant to Clause 3.4 or 3.5 above, the termination may take place with immediate effect and you may not be permitted to utilize any remaining balance in your Kaynchi Wallet User Account, which will be forfeited.
13.9 Charges: The Kaynchi Wallet User Account is free for Users. Kaynchi does not charge Users any fee for creating a Kaynchi Wallet User Account or use of Services. Kaynchi reserves the right to change its fee policy from time to time. In particular, Kaynchi may at its sole discretion introduce new Services and modify some or all the existing Services offered. In such an event, we reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Kaynchi Website and such changes shall automatically become effective immediately after they are posted on the Kaynchi Website.
13.10 Prohibited Uses of Kaynchi Wallet User Account: Without prejudice to the other restrictions and limitations contained above, you shall not under any circumstances:
13.10.1 use the Kaynchi Wallet User Account to defraud Kaynchi, our affiliates or other members or users, or engage in other unlawful activities (including, without limitation, dealing in products or services prohibited by law);
13.10.2 use the Kaynchi Wallet User Account in such a manner that violates, or causes Kaynchi to violate, any law, statute, ordinance or regulation;
13.10.3 impersonate any person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signatures or perform any other fraudulent activity;
13.10.4 post or transmit any message, image or data which is pornographic, obscene, abusive, offensive, inappropriate, unlawful, infringing, inaccurate, false, defamatory, violent, or otherwise objectionable in nature;
13.10.6 use the balance in the Kaynchi Wallet User Account in a manner that may result in complaints, disputes, imposition of fines, penalties, chargebacks or any other liability to Kaynchi; or
13.10.7 use the Kaynchi Wallet User Account for money laundering, terrorism financing, tax evasion or any other illegal activities.
13.11 Your Responsibilities: In connection with your use of the Kaynchi Wallet User Account, it shall be your responsibility to adhere to the following:
13.11.1 Promptly inform Kaynchi of any unauthorized usage of your Kaynchi Wallet User Account and any other circumstances which may lead to unauthorized usage of your Kaynchi Wallet User Account. The responsibility of any transaction prior to intimation, will solely be on the registered User;
13.11.2 that when you acquire goods and/or services from a Artist and pay the Artist through the Kaynchi Wallet User Account, you understand that you enter into a contract with the Artist and we are not a party to the contract between you and the Artist; and
13.11.3 to use the Kaynchi Wallet User Account in good faith and in compliance with all applicable laws and regulations, all instructions or notifications issued to you by Kaynchi from time to time, and these Payment & Kaynchi Wallet User Account Terms.
13.12.1 An unauthorized transaction occurs when a payment is made from or to your Kaynchi Wallet User Account that you did not authorize. For example, if someone makes a transaction from your Kaynchi Wallet User Account using a stolen password, an unauthorized transaction has occurred. If you provide access to your Kaynchi Wallet User Account to a third party (by disclosing your login information or any other information) and they conduct transactions without your knowledge or permission, you are responsible for any resultant use.
13.12.2 The liability of any misuse is solely yours, until you report the issue to Kaynchi. Kaynchi will not be held responsible for executing any transaction made under or through your account before a report is made to us.
13.12.3 In the event of an unauthorized transaction made using your Kaynchi Wallet User Account, you must report the misuse of your Kaynchi Wallet User Account to the police and lodge a complaint with the police. Simultaneously, you should also immediately notify Kaynchi if you believe:
13.12.4 For unauthorized transactions or errors made using your Kaynchi Wallet User Account, you may notify us by sending an email to our customer support email at support@kaynchi.org or via our in-app customer support chat feature.
All trademarks, logos, images, and service marks, as displayed on the Kaynchi Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Kaynchi and/or third parties who have authorized us to use their trademarks, logos, images, and service marks (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of the Trademarks on any other website not approved by us is strictly prohibited. Kaynchi will aggressively enforce its intellectual property rights to the fullest extent of the law, including, where applicable, criminal prosecution.
Kaynchi, its parent company and its affiliates, where applicable, shall own all rights, title and interest, including all related intellectual property rights, in and to the Kaynchi Platform, the Kaynchi Wallet User Account and the Services.
These Payment & Kaynchi Wallet User Account Terms do not convey to you any rights of ownership in or related to the Kaynchi Platform, the Kaynchi Wallet User Account or the Services, or any intellectual property rights owned by Kaynchi, its parent company and/or its affiliates.
For the avoidance of doubt, Kaynchi’s name, logo, and the third party logos and product names associated with the Kaynchi Platform and the Services are trademarks of Kaynchi, its parent company, affiliates and/or third parties, and no right or license is granted to use them.
You agree and consent to Kaynchi collecting, using, disclosing and processing your personal data in accordance with our Privacy Policy: https://www.kaynchi.org/legal/privacy
By agreeing to these Payment & Kaynchi Wallet User Account Terms and upon using the Services and/or the Kaynchi Wallet User Account, you agree that you shall defend, indemnify and hold Kaynchi, its parent company, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
16.1 your use of the Services, the Kaynchi Wallet User Account and/or the Kaynchi Platform in your dealings with any third parties, including, but not limited to, the Artists, delivery agents and other users of the Kaynchi Platform;
16.2 your violation or breach of any of the Payment & Kaynchi Wallet User Account Terms or any applicable law or regulation;
The Services are provided to you strictly on an “as is” and “as available” basis without any warranty of any kind and Kaynchi does not authorize any third party to make any warranty on our behalf. To the fullest extent permitted by law, Kaynchi makes no representations or warranties, whether express, implied, statutory or other, including without limitation, any implied warranty as to the accuracy, reliability, timeliness, quality, suitability, availability, completeness, merchantability, or fitness for a particular purpose, or non-infringement of third party rights, or that the Services will be uninterrupted, timely or error-free, in relation to any data and information on the Kaynchi Wallet User Account, and the Services. Further, Kaynchi does not represent or warrant that the data and information on the Kaynchi Wallet User Account, the Kaynchi Wallet User Account and the Services will meet your requirements. All data and information in and shown on the Kaynchi Wallet User Account are believed by Kaynchi to be accurate to the best of its knowledge, but because of the possibility of human and mechanical error, delays or interruptions, system downtime, and other factors, all data and information in and shown on the Kaynchi Wallet User Account, are provided on an “as is” and “as available” basis.
The use of the Kaynchi Wallet User Account, Services and the Kaynchi Platform may be subject to limitations, delays, security issues, and other problems inherent in the use of the internet and electronic communications, including the device used by you being faulty, not connected, out of range of mobile signals or functioning incorrectly. Kaynchi is not responsible for any delays, delivery failures, damages or losses resulting from such problems. You agree that all risks arising from online transactions will be borne by you.
To the fullest extent permitted by law, Kaynchi shall not be liable in contract or otherwise for any direct, indirect, special, punitive or consequential loss or damage, including without limitation data loss or economic loss, sustained by you or any other party by the direct or indirect use of or reliance on the Kaynchi Wallet User Account, the Services, Kaynchi Platform or the data or information therein and shown thereon. To the extent that Kaynchi incurs any liability notwithstanding the foregoing sentence, Kaynchi’s liability shall in no event exceed the amount paid by you for the use of the Services giving rise to the cause of action.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KAYNCHI NOR ANY PERSON ASSOCIATED WITH KAYNCHI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL KAYNCHI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, KAYNCHI AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You may contact Kaynchi if you wish to make a complaint about the Services to our complaints officer by sending an email to our customer support email at support@kaynchi.org or via our in-app customer support chat feature
These Payment & Kaynchi Wallet User Account Terms, as may be modified from time to time, may not be assigned by you without the prior written approval of Kaynchi. Kaynchi may assign these Payment & Kaynchi Wallet User Account Terms, whether in whole or in part, to any third party, including its affiliates or related entities, without your consent.
20.1 Kaynchi may give notice by means of a general notice on the Kaynchi Platform, or by electronic mail to your email address in the records of Kaynchi, or by written communication sent by registered mail or pre-paid post to your physical address in the records of Kaynchi. Such notice shall be deemed to have been given upon the expiration of two (2) working days after the date of posting (if sent by registered mail or pre-paid post) or one (1) hour after sending (if sent by email or posted on the Kaynchi Platform).
20.2 You may give notice to Kaynchi by written communication sent by courier or registered mail to Kaynchi’s registered address. Such notice shall be deemed to be given upon written acknowledgment of receipt by an officer or other duly authorized representative of Kaynchi.
21.1 These Payment & Kaynchi’s Wallet User Account Terms and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Pakistan.
21.2 You agree that any claim or dispute You may have against Kaynchi must be resolved by a court having jurisdiction in Karachi, Pakistan.