Kaynchi - Terms of Conditions
Published:
Terms of Use
These terms of use (including all other terms, policies, notices, guidelines, and forms referenced
herein or otherwise available on the Platform or by hyperlink) (“Terms”) govern your use of the
websites and mobile applications (the "Site") provided by Kaynchi Limited Liability Partnership
(or referred to as “Kaynchi”, “we” or “us”) (collectively the “Platform”) and “you” or “user”
means you as an user of the Platform.
The "Services" we provide or make available include (a) the Platform, and (b) the services
provided by the Platform and/or by Kaynchi and made available through the Platform. Any new
features added to the Services are also subject to these Terms. These Terms govern your use
of Services provided by Kaynchi. These terms of service constitute a legally binding agreement
between you and Kaynchi.
Please read the Terms of Service carefully before you start to use the Platform. By using the
Platform, opening an account or by clicking to accept or agree to the Terms of Service
when this option is made available to you, you accept and agree, on behalf of yourself or
on behalf of your employer or any other entity (if applicable), to be bound and abide by
these Terms of Service and Kaynchi Payment Terms, found here (“Payment Terms”),
which is incorporated herein by reference. You further acknowledge, you have read and
understood our Privacy Policy, found here. If you do not want to agree to these Terms of
Service or the Privacy Policy, you must not access or use the Platform.
The Platform may be used by (i) natural persons who have reached 18 years of age and (ii)
corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to
country-specific provisions as set out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by
accepting these Terms shall agree to take responsibility for your actions and any charges
associated with your use of the Platform and/or purchase of Services (as defined below). If you
do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the
Platform immediately.
You agree and acknowledge that, as part of Kaynchi’s policy and/or whenever it is deemed
necessary, Kaynchi and/or any third party engaged by Kaynchi, may conduct Background
Checks on you on an ongoing basis, without further reference or notice to you. “Background
Checks” includes, without limitation, government or financial sanctions, civil or criminal litigation
activities, adverse news. If Kaynchi, in its sole discretion, is not satisfied with the results of the
Background Checks, Kaynchi may terminate your Kaynchi account and/or use of the Platform.
Kaynchi reserves the right to change or modify these Terms (including any additional terms and
conditions or policies, which are published on the Platform and incorporated into these Terms)
at any time. It is your responsibility to review the Terms regularly and you are strongly
recommended to do so. You will be deemed to have agreed to the amended Terms (whether or
not reviewed by you) by your continued use of the Platform following the date on which the
amended Terms are posted.
All photos and images of the Services shown on the Platform are also for illustrative purposes
only and may differ from the actual Services.
The original language of these Terms of Service, as well as all other texts throughout the
Platform, is English. Kaynchi makes this translation available for convenience only. In case of
conflicts between the original English version and any translation, the English version shall
prevail.
Key Definitions
Buyers are users who purchase services on Kaynchi.
Promotional Offers are multi-category packaged deals that a Artist can create in response to
general requirements of Buyers.
Basic Gigs are services offered on Kaynchi.
Order Page is where Buyers and Artists communicate with each other in connection with an
ordered Gig.
Orders are the formal agreements between a Buyer and Artist after a purchase was made from
the Artist’s Profile Page on Kaynchi’s marketplace which can accessed via Browse or Locate.
Artists are users who offer and perform services through Basic Gigs or Promotional offers on
Kaynchi.
Kaynchi Studios allows third-party business entities like Salons or certain Artists to collaborate
with each other and offer Buyers Basic Gigs & Promotional offers.
Kaynchi Studio Gigs would be like regular basic gigs & promotional offer, however, Studios
would be able to create greater number of basic gigs & promotional offers relative to an
individual Seller.
Overview (Main terms, in a nutshell)
1. Kaynchi
1.1 What do we do
Through our Platform, Kaynchi links you to artists (“Artists”) for you to order a variety of
grooming services covering the following main grooming categories: Hair, Face, Skin, Spa, and
Body (hereinafter collectively referred to as (“Services”) to be delivered to you. When you place
an order for services from our artists (“Order”), Kaynchi acts as an agent on behalf of that artist
to facilitate, process and conclude the Order and subsequently for either us or the artist to
deliver your Order to you. Artists may be operated by third party vendors, our affiliate
companies, or us. Where the Artists are operated by third party vendors, we are authorised by
such Vendors to accept payment and any goods and services tax (“GST”) amounts (applicable
to GST registered Vendors only) on their behalf.
1.2 How to contact us
Our Customer Support team is available 24/7 if you have any questions regarding the Platform
or Terms of Service. Contacting our Customer Support team can be performed by submitting a
request here.
2. Use of the Platform and Kaynchi Account
2.1 Only registered users may buy and sell on Kaynchi marketplace. Registration (Signup) is
free. In registering for an account, you agree to provide us with accurate, complete and updated
information and must not create an account for fraudulent or misleading purposes.
2.2 When you register for a Kaynchi account we will ask you to provide your personal
information including but not limited to a valid email address, a mobile phone number and a
unique password. To purchase an Order, depending on which payment method you opt for, you
may need to provide us with your credit card details. Your unique password should not be
shared with anyone and you agree to keep it secret at all times. You are solely responsible for
any activity on your account and for maintaining the confidentiality and security of your
password. Save for cases of fraud or abuse which are not your fault, you accept that all Orders
placed under your Kaynchi account are your sole responsibility. We are not liable for any acts or
omissions by you in connection with your account.
2.3 Kaynchi shall not be liable for Orders that encounter delivery issues due to incomplete,
incorrect or missing information provided by you. You are obliged to provide information that is
complete, accurate and truthful for the proper processing of the Order, including your delivery
address and contact information.
2.4 If you wish to delete your Kaynchi account, please send us an email requesting the same.
We may restrict, suspend or terminate your Kaynchi account and/or use of the Platform, if we
reasonably believe that:
2.4.1 someone other than you is using your Kaynchi account;
2.4.2 where you are suspected or discovered to have been involved in any activity or conduct
that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct
which we deem in our sole discretion to be an abuse of the Platform; or
2.4.3 you are unable to satisfy the results of the Background Checks on an ongoing basis.
3 Restrictions
3.1 Activities Prohibited on the Platform
The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the
Platform. Kaynchi reserves the right to investigate and take appropriate legal action against
anyone who, in Kaynchi's sole discretion, engages in any of the prohibited activities. Prohibited
activities include, but are not limited to the following:
3.1.1 using the Platform for any purpose in violation of local, state, or federal laws or
regulations, including any false, deceptive, misleading, or fraudulent purpose;
3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity
rights, trade secret rights, or any other rights of any party;
3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive,
slanderous, hateful, or embarrassing to any other person or entity as determined by Kaynchi in
its sole discretion or pursuant to local community standards;
3.1.4 posting content that constitutes cyber-bullying, as determined by Kaynchi in its sole
discretion;
3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;
3.1.6 posting telephone numbers, street addresses, or last names of any person;
3.1.7 posting URLs to external websites or any form of HTML or programming code;
3.1.8 posting anything that may be “spam,” as determined by Kaynchi in its sole discretion;
3.1.9 impersonating another person when posting content;
3.1.10 harvesting or otherwise collecting information about others, including email addresses,
without their consent;
3.1.11 allowing any other person or entity to use your identification for posting or viewing
comments;
3.1.12 harassing, threatening, stalking, or abusing any person on the Platform;
3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or
enjoying the Platform, or which, in the sole discretion of Kaynchi, exposes Kaynchi or any of its
customers, suppliers, or any other parties to any liability or detriment of any type; or
3.1.14 encouraging other people to engage in any prohibited activities as described herein.
3.2 Kaynchi reserves the right but is not obligated to do any or all of the following:
3.2.1 investigate an allegation that any content posted on the Platform does not conform to
these Terms and determine in its sole discretion to remove or request the removal of the
content;
3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform
with these Terms;
3.2.3 suspend or terminate a user’s access to the Platform or their Kaynchi account upon any
breach of these Terms;
3.2.4 monitor, edit, or disclose any content on the Platform; and
3.2.5 edit or delete any content posted on the Platform, regardless of whether such content
violates these standards.
4 Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the
Platform or in our marketing material, whether registered or unregistered, are the intellectual
property of Kaynchi and/or third parties who have authorised us with the use (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
criminal prosecution. Kaynchi neither warrants nor represents that your use of materials
displayed on the Platform will not infringe rights of third parties not owned by or affiliated with
Kaynchi. Use of any materials on the Platform is at your own risk.
5 Restrictions on Services
Some of the Services we offer on our Platform are subject to restrictions for Order (“Restricted
Services”), depending on the applicable laws of the country you Order the Restricted Services
from. These restrictions include minimum age requirements for massage services and any other
service that we reserve the right not to deliver to you based on the relevant statutory
requirements of the time being in force. By placing an order for Restricted Services, you confirm
that you meet the legal requirements to Order them.
6 Artist
6.1 Basics
6.1.1 Gigs on Kaynchi may be offered at a base starting price of PKR 300. Some Gigs are
offered at a base price of more than PKR 300 as determined by the Artist.
6.1.2 Each Gig you sell and successfully complete, accredits your account with a revenue equal
to 80% of the purchase amount.
6.1.3 Kaynchi accredits Artists once an order is completed. See our "Orders" section below for a
definition of a completed order.
6.1.4 The Artist's rating is calculated based on the order reviews posted by Buyers. High ratings
allow Artists to obtain advanced Artist levels (see Levels below). In certain cases, exceedingly
low ratings may lead to the suspension of the Artist’s account.
6.1.5 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.
6.1.6 Hygiene, Cleanliness & Sterilization - Artists must use sterilized products while performing
grooming services. Kaynchi cares about all of its Platform users. We promote a clean & safe
working environment for a pleasant Order experience.
6.2 Gigs
6.2.1 Artists are allowed to post a select amount of active Gigs based on their Level status.
(i) 7 Gigs for New Artists &12 Gigs for New Studios.
(ii) 10 Gigs for Level 1 Artists &15 Gigs for Level 1 Studios.
(iii) 20 Gigs for Level 2 Artists & 30 Gigs for Level 2 Studios.
(iv) 30 Gigs for Top Rated Artists & 50 Gigs for Top Rated Studios.
6.2.2 Gigs created on Kaynchi are User Generated Content.
6.2.3 Gigs and/or users may be removed by Kaynchi from the Platform for violations of these
Terms of Service and/or our Community Standards, which may include (but are not limited to)
the following violations and/or materials:
6.2.3.1 Illegal or Fraudulent services
6.2.3.2 Adult oriented services, Pornographic, Inappropriate/Obscene
6.2.3.3 Spam, nonsense, or violent or deceptive Gigs
6.2.3.4 Gigs misleading to Buyers or others
6.2.3.5 Reselling of regulated goods
6.2.3.6 Exceedingly low quality Gigs
6.2.3.7 Promoting Kaynchi and/or Kaynchi Gigs through activities that are prohibited by any
laws, regulations, and/or third parties' terms of service, as well as through any marketing activity
that negatively affects our relationships with our users or partners.
6.2.4 Gigs that are removed for violations mentioned above, may result in the suspension of the
Artist’s account.
6.2.5 Gigs that are removed for violations are not eligible to be restored or edited.
6.2.6 Gigs may be removed from our Search feature due to poor performance and/or user
misconduct.
6.2.7 Gigs may include pre-approved website URLs contained within the Gig description and
requirements box. Gigs containing websites promoting content, which violates Kaynchi’s Terms
of Service and/or our Community Standards, will be removed.
6.2.8 Gigs are required to have an appropriate Service picture related to the service offered. An
option to upload two additional Service picture are available to all Artists. Artists must deliver the
same quality of service as shown on their Service pictures. Recurring deliveries that don’t match
the quality shown on the Service pictures may lead to the Artist’s account losing Artist status or
becoming permanently disabled.
6.2.9 Statements on the Artist Profile Page, where Gigs appear, that undermine or circumvent
these Terms of Service is prohibited.
6.2.10 Eligible Gigs in select Categories may set up (“Promotional Offers”) to offer their services
in structured formats with multiple price points for the selected Gigs, including additional
services if any.
6.2.11 Artist Promotional Offers & Additional Services
6.2.11.1 Additional Services are created by the Artists to add-on along with the selected Gigs to
create (“Promotional Offers”).
6.2.11.2 Additional Services may be removed for violations of our Terms of Service and/or our
Community Standards. For specific terms, please see the Gigs section above for a list of
services that violate our Terms of Service. Gigs are subject to be removed due to violations
found in Additional Services.
6.2.11.3 Additional Services may cover different categories of services that are components to a
higher quality delivered service.
6.3 Artist Levels
Kaynchi is all about helping Artist leverage their skills. We seek to empower top performing
Artist with helpful tools to grow their business. Artist who invest in self-promotion may achieve
greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings,
Kaynchi may reward them with new statuses, special opportunities, benefits, and tools that
come with it.
6.3.1 Kaynchi Artist can gain account Levels based on their activity, performance and
reputation. The advancement criteria can be found here.
6.3.2 Advancements in Levels are updated periodically by an automated system.
6.3.3 The current Levels a Artist can achieve are, New, Level 1, 2, and Top Rated.
6.3.4 Artists who cannot maintain their high quality service, experience a severe drop in ratings,
or stop delivering on time risk losing their Artist status and the benefits that come with it. For
example, late deliveries, warnings to the Artist’s account and cancellations can cause a Artist to
move to a different Level.
6.3.5 Top Rated Artists
6.3.5.1 Top Rated Artists are chosen manually by Kaynchi editors through an ongoing review
process based on seniority, volume of sales, extremely high ratings, exceptional customer care,
high order completion rate and community leadership. Top Rated Artists gain access to more
extensive features than previous levels, including exclusive access to beta features and VIP
support.
6.3.5.2 Rated eligibility is constantly evaluated by Kaynchi to ensure that the quality standards
and expectations of the Top Rated selection is kept. Kaynchi retains the right to change a Top
Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot
maintain their high quality service through a severe drop in ratings, stop delivering on time,
increased cancellation rate or violate our Terms of Service and/or our Community Standards,
also risk losing their Top Rated status and the benefits that come with it.
7 Buyers
7.1 Basics
7.1.1 You may not offer direct payments to Artists using payment systems outside of the
Kaynchi platform.
7.1.2 Kaynchi retains the right to use all publicly published delivered services for Kaynchi
marketing and promotional purposes.
8 Orders
8.1 Orders are purchased through the Order button found on a Artist’s Profile page on the
Kaynchi marketplace which can be accessed via Browse or Locate.
8.2 Prior to placing the Order
8.2.1 Buyers are required to provide their current location address in order for the Platform to
display the Artists available in your nearby area.
8.2.2 Once you select an Artist, you will be taken to that Artist’s profile page for you to select
and add your services to the cart.
8.3 Placing the Order
8.3.1 To complete an Order, please follow the onscreen instructions after clicking ‘Continue’.
You may be required to provide additional details for us to complete your Order. You are
required to review and confirm that all the information you provide, including the amounts,
delivery details, personal details, payment information, and order voucher (if applicable) is true,
accurate and complete before you click “PLACE ORDER”.
8.3.2 When a Buyer places an order request, the Artist is notified by email as well as
notifications on the Platform while logged into the account.
8.3.3 Artist must acknowledge pending Order Request to proceed with the Order Process. Once
accepted, Artist must acknowledge on the Platform before starting grooming services via using
the Start Grooming button (located on the Order page).
8.3.4 Artist has to be acknowledge that the Services have been delivered by using Grooming
Done button to mark the order as Completed. At this stage, Artist shall enter the PKR amount
provided by the Buyer if it is a cash order.
8.3.5 Users may not offer or accept payments using any method other than placing an order
through the Platform.
8.3.6 For digital payments, once it is confirmed, Buyer’s Order will be created and given a
unique Kaynchi order number (#KO). For cash Orders, the Kaynchi order number (#KO) will be
created once Artist has accepted the Order.
8.3.7 When you place an Order with Kaynchi, Kaynchi will confirm your Order by sending you a
confirmation email containing the Order receipt. Where applicable, Orders will include delivery
fees and any applicable tax (e.g. GST etc.).
8.3.8 Minimum Order Value - Some of our Artists require a minimum order value (“MOV”) before
an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV,
you will have the option to add more services to your Order to meet the MOV of the Artist.
8.3.9 Artist must fulfill their orders, and may not cancel orders on a regular basis or without
cause. Canceling orders will affect Artists’ reputation and status.
8.3.10 Special Instructions (“Booking Notes”) – Kaynchi and the Artist (as the case may be)
reasonably endeavour to comply with your special instructions for an Order. However, in some
cases where this is not feasible, possible or commercially reasonable, Kaynchi and/or the Artist
reserve the right to proceed to prepare the Order in accordance with standard operating
procedures. Neither Kaynchi nor the Artist shall be responsible to replace or refund an Order
which does not conform to special instructions provided by you.
8.3.11 The Grooming Done button may not be abused by Artists to circumvent Order guidelines
described in these Terms of Service. Using the “Grooming Done” button when an Order was not
fulfilled may result in a cancellation of that Order after review, affect the Artist’s rating and result
in a warning to Artist.
8.3.12 An Order is marked as Complete after it is marked as Delivered via Grooming Done
button
8.3.13 Services will require Buyers and Artists to meet in person in order for the Artist to perform
the service.
8.3.13.1 In such cases, users should note that Kaynchi does not guarantee the behavior,
conduct, safety, suitability or ability of either Buyers or Artists. Both Buyers and Artists agree
that the entire risk arising out of their meeting and/or their use or performance of services
remains solely with them, and Kaynchi has no responsibility or liability related to any local
services provided by the Artists. In the event that the service is performed on the Buyers’
premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as
the premise owner. Kaynchi’s Terms of Service and Community Standards remain applicable to
Orders that are performed outside of the marketplace (including, among others, the below
restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
8.3.13.2 In event that the service is performed on the Buyer’s premises, Artists may decide to
define a traveling cost. A default traveling cost provided by the Artist would apply, however,
when accepting the Pending Order Request, the Artist has the choice to offer free travel for his
services.
8.3.14 Allergens – Kaynchi is not obligated to provide allergen information on the Platform.
Further, Kaynchi does not guarantee that the Goods used by Artists while performing grooming
Services are free of allergens, unless otherwise required by applicable laws. If you have
allergies, allergic reactions or dietary restrictions and requirements, please contact the Artist
before placing an Order on our Platform.
8.3.15 Buyer can have a maximum of two active orders at a given time.
9 Prices and Payments
9.1 Prices quoted on the Platform shall be displayed in Pakistani Rupees (“PKR”) and subject to
applicable tax. You accept that prices and offers on the Platform may vary from the prices and
offers offered by our Artists elsewhere (including their own websites, mobile applications, or at
their brick-and-mortar outlets).
9.2 The way we display the prices of our Services may vary depending on the Artist, and,
subject to applicable laws, the prices reflected on our Platform:
9.2.1 for GST registered Artists, include GST or such other equivalent tax; or
9.2.2 for non-GST registered Artists, do not include GST or such other equivalent tax.
9.3 Travelling cost are chargeable on the following Order cases:
9.3.1 if you opt to have the Artist perform the grooming services at your premises (Hosting
location);
9.3.2 Artist has opted not to waiver off the default Travelling cost.
9.4 Prices and additional charges (including but not limited to travelling cost, minimum order
value or platform fees) indicated on the Platform are as at the time of each Order and may be
subject to change.
9.5 A breakdown of the prices and additional charges (including but not limited to travelling cost,
minimum order value or platform fees) are displayed in Order Summary page. When you place
an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is
displayed to you.
9.6 You can choose to pay for an Order using any of the different payment methods offered on
the Platform including:
9.6.1 Our payment partners: Jazzcash, Easypaisa, Sadapay.
9.6.2 Cash-on-Delivery.
9.6.3 Other payment method we offer from time to time.
9.7 If you have existing saved payment method in your Kaynchi account or valid promotional or
discount vouchers, you can use this pay for part or all of your Order as the case may be.
9.8 After an Order is successfully placed, you will receive an email confirmation from us with
your Order receipt. Travelling cost of the Artist will not appear in your Order receipt if you opt for
to go the Artist’s Hosting Location.
9.9 Payment Methods
Kaynchi reserves the right to offer additional payment methods and/or remove existing payment
methods at any time in its sole discretion. If you choose to pay using an online payment method,
the payment shall be processed by our third party payment service provider(s). With your
consent, your credit card / payment information will be stored with our third party payment
service provider(s) for future Orders. Kaynchi does not store your credit card or payment
information.
9.10 You must ensure that you have sufficient funds on your microfinancing, credit and debit
card to fulfil payment of an Order. Insofar as required, Kaynchi takes responsibility for payments
made on our Platform including refunds, chargebacks, cancellations and dispute resolution,
provided if reasonable and justifiable and in accordance with these Terms.
10 Mood Statuses: Travelling & Hosting
10.1 In case, the service is being performed at the Buyer’s premises (“Hosting”), the Artist will
be (“Travelling”) to the Buyer’s specified Hosting location.
10.2 If the Artist is Travelling, you understand that our Artists offer their Services in specified
distance radius (in Km) and our Artists vary from area to area.
10.3 In case you are traveling to the Artist’s Hosting location, then there is no Km restriction or
Traveling Cost applicable.
10.4 Artist selects live mood statuses where Travelling, Hosting or Both can be selected to
activate all Gigs on Kaynchi’s marketplace.
10.5 By entering your current address on the Platform, you will see the Artists that we make
available to you at that time via Locate / Browse page. Delivery areas may expand, shrink or
change depending on weather and traffic conditions and situations of force majeure.
11 Availability Statuses: On-Demand & Booking
Artists update their live availability as per two modes:
11.1 On-demand mode allows the Buyer to order & receive the grooming services as soon as
the Artist accepts the Order request & provides an Estimated Time of Arrival if the Artist is
Traveling to the Buyer.
11.2 Booking mode allows the Buyer to order the selected services via booking an available
timeslot from the Artist’s booking schedule.
12 Grooming Delivery
Depending on the Artist’s avaliablity, you may choose for your Order to be delivered “ASAP,
On-Demand” or scheduled for a specific time, Booking.
12.1 An estimated time of arrival will be provided to you in your email confirmation if the Artist is
Traveling. However, if you are Traveling to the Artist then your order email confirmation will
indicate a standard 60 mins of Estimated time of Arrival (“ETA”) for you to reach to the Artist’s
Hosting location. The Artist will be ready for you by the ETA provided. In some cases, a
reasonable delay may be expected. The Artist agrees to cater your Order for you at the Artist’s
premises for no more than a reasonable period of twenty (20) minutes from the ETA (“Holding
Time”) and shall not be obliged to provide the Order to you if you fail to reach at the Artist’s
Hosting location within the Holding Time.
12.2 For both users, Buyers and Artists, the estimated time of arrival shall vary depending on
factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods),
weather conditions, traffic conditions, etc.). You can view the remaining estimated time of arrival
of an Order when you click on ‘My Orders’ on the Platform. You acknowledge that the time of
arrival we provide is only an estimate and Orders may arrive earlier or later. To ensure that you
do not miss a delivery of an Order, you should ensure that either you or someone is at the
Hosting location to receive the Order once an Order is placed. If your Order contains services
such as massage (if applicable) and you or the recipient is or appears to be below the legal age,
or fails to provide a valid proof of CNIC, Kaynchi reserves the right not to deliver your Order to
you.
12.3 Unsuccessful or Failed Deliveries
12.3.1 Without prejudice to any other clauses in these Terms, in cases where we attempt to
deliver an Order but we are unable to do so due to the reasons caused by you, including but not
limited to:
(i) no one was present or available to receive the Order;
(ii) Buyer was uncontactable despite attempts to reach the Buyer via the phone number
provided;
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
(v) in the case of Restricted Services, Buyer did not meet the statutory age requirements or
delivery did not deem it safe or appropriate for the customer to receive the Restricted Services,
we will contact you via, among others, call or message, or email, to inform the unsuccessful
delivery and next steps. In such cases, Kaynchi reserves the right to cancel the Order without
refund or remedy to you.
12.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the
Artist arrives at your Hosting location, Kaynchi reserves the right to cancel the Order without
refund or remedy to you.
12.4 Wrong Order, Missing Items, Defective Goods
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong
order, defective order, or missing items) please immediately contact customer support via one of
the methods set out in Clause 1.2 above. In some cases, Kaynchi may request for photographic
proof and/or additional information to properly investigate the issue with your Order. If we
determine that the Order and/or Services you received are not of satisfactory condition or
quality, we will compensate you for your Order or parts of your Order.
13 Kaynchi Rewards: Vouchers, Order Discounts and Tree plantation (Go Green)
13.1 From time to time, Kaynchi may run marketing and promotional campaigns which offer
voucher codes, discounts, and other promotional offers to be used on the Platform (“Season
Vouchers”). Vouchers are subject to validity periods, redemption periods, use restrictions, limits
and/or other availability.
13.2 Buyers can earn Kaynchi Points (“K-coins”) to create order discounts (“Order Voucher”) or
choose to plant a tree and make their cities green (“Go Green”).
13.3 Artists can earn Kaynchi Points (“K-coins”) to boost and promote their profiles on Kaynchi’s
marketplace (“Boost”) or choose to plant a tree and make their cities green (“Go Green”).
13.4 Conversion of K-coins into PKR is published on the Platform and is subject to variation as
per Kaynchi’s policy.
13.3 K-coins can be earned via doing Kaynchi Quests including but not limited to:
(i) per order, you receive K-coins.
(ii) invite friends to get K-coins
13.4 Plant & Track Plant
Kaynchi offers you to see your plant being:
13.4.1 Purchased: K-coins converts to a plant being bought
13.4.2 Planted: Kaynchi and it’s collaborations would execute planting the plant & track it with
live updates for you.
13.4.3: Growing: plant will continue to grow as Kaynchi works with the Community to make your
cities green!
13.5 Vouchers may not be valid when used in conjunction with other promotions, discounts or
other vouchers. Additional terms and conditions (including Artist-specific terms) may apply to
Vouchers.
13.6 Unless otherwise stated, Vouchers can only be used on our Platform.
13.7 Vouchers and K-coins are non-transferable, non-exchangeable, non-refundable and cannot
be exchanged for cash.
13.8 Kaynchi may withdraw, amend and/or alter any applicable terms and conditions of the
Vouchers at any time without prior notice. Kaynchi further reserves the right to void, discontinue
or reject the use of any Voucher without prior notice.
13.9 Kaynchi may at its sole and absolute discretion forfeit, exclude, disqualify or refuse you or
certain Vendors from the use of Vouchers at any time without prior notice.
14 Artist Tip
14.1 Artist Tip (as defined herein) is applicable for all Orders except for cash-on-delivery orders.
After you have received your Service(s), you will have the option to pay a tip to the Artist
selected (“Artist Tip”). Kaynchi will collect payment for the Artist Tip using the payment method
chosen by you for the Order. The Artist will receive the full amount of any Artist Tip you choose
to make once the Order has completed.
14.2 If you have any questions or issues regarding your Artist Tip, please reach out to our
customer support via email or the in-app chat feature available on the Platform.
15 Reviews
15.1 Feedback reviews provided by Buyers after completing an Order are an essential part of
Kaynchi's rating system. Reviews demonstrate the Buyer's overall experience with the Artists
and their service. Buyers are encouraged to communicate to the Artist any concerns
experienced during their active order in regards to the service provided by the Artist.
15.2 Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be
removed unless there are clear violations of our Terms of Service and/or our Community
Standards.
15.3 To prevent any misuse of our Feedback system, all feedback reviews must come from
legitimate sales executed exclusively through the Kaynchi platform from users within our
Community. Purchases arranged, determined to artificially enhance Artist ratings, or to abuse
the Kaynchi platform with purchases from additional accounts, will result in a permanent
suspension of all related accounts.
15.4 Feedback comments given by Buyers are publicly displayed on a Artist’s Profile page.
15.5 Posting a review: Users are allowed to leave reviews on Orders up to 10 days after an
Order is marked as complete. No new reviews may be added to an Order after 10 days.
15.6 Artists may not solicit the removal of feedback reviews from their Buyers through mutual
cancellations.
15.7 Once the Buyer submits his/her review, the Artist will receive a notification and will also
have the opportunity to leave a rating about working with the Buyer. Please Note: At this stage,
Artists cannot see the Buyer's review.
15.8 Once both Artist and Buyer have completed their reviews & ratings, or the 10 days have
passed, all posted reviews are made public.
16 Disputes, Cancellations and Refunds
We encourage our Buyers and Artists to try and settle conflicts amongst themselves. If for any
reason this fails after using the Help Center or if you encounter non-permitted usage on the
Platform, users can contact Kaynchi's Customer Support department for assistance here.
16.1 Canceling an Order
Please access the Help Centre on the Platform if you wish to cancel your Order after it has been
placed. You have the right to cancel your Order provided an Artist has not yet accepted your
Order.
16.2 Refunds
16.2.1 Online Payment Orders
You have the right to a refund for a canceled Order only if a Artist has not yet accepted your
Order. Should you still decide to cancel your Order after it has been accepted by the Artist, you
understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the
delivery of your canceled Order.
16.2.2 Cash-on-Delivery Orders
You have the right to cancel your Order only if an Artist has not yet accepted your Order. Should
you still decide to cancel your Order after it has been accepted by the Artist, you understand
that you shall forfeit the delivery of your canceled Order and cash-on-delivery may be removed
from your list of available payment methods for your future Orders.
16.2.3 If you are entitled to a refund in accordance with the refund and cancellation policies set
out in these Terms, you agree that:
Where the purchase was made using credit card, debit card, micro-financing and
cash-on-delivery payment methods, we will issue refunds to your Kaynchi Wallet Account by
default. Please note such refunds will be processed in accordance with our Kaynchi Wallet User
Account Terms located at
https://www.foodpanda.pk/contents/pandapay-user-account-terms-and-conditions. The Kaynchi
Wallet User Account Terms are supplemental and in addition to these Terms. Please read the
Kaynchi Wallet User Account Terms for more details.
16.2.4 We may require you to provide additional information or supporting documents prior to
processing any refund, including picture proof of receipts for Orders. We may, in our sole
discretion, refuse to process any refund if you fail to provide such additional information or
supporting documents.
16.2.5 If you have not received a refund, you may wish to check your bank account again or
contact your credit card company or bank as it may take some time for your refund to be posted.
If you have done all of this and you still have not received your refund, please contact customer
support via one of the methods set out in Clause 1.2 above.
17 User Conduct and Protection
Kaynchi maintains a friendly, community spirited, and professional environment. Users should
keep to that spirit while participating in any activity or extensions of Kaynchi. This section relates
to the expected conduct users should adhere to while interacting with each other on Kaynchi.
17.1 Basics
17.1.1 Kaynchi does not provide any guarantee of the level of service offered to Buyers. You
may use the dispute help center tools provided to you in the Order Page.
17.1.2 Rude, abusive, improper language, or violent messages will not be tolerated and may
result in an account warning or the suspension/removal of your account.
17.1.3 Kaynchi is open to everyone. You undertake not to discriminate against any other user
based on gender, race, age, religious affiliation, sexual orientation or otherwise and you
acknowledge that such discrimination may result in the suspension/removal of your account.
17.2 Orders
17.2.1 Users with the intention to defame competing Artists by ordering from competing services
will have their reviews removed or further account status related actions determined by review
by our Trust & Safety team.
17.2.2 Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue
removing/modifying reviews or cancelling orders that do not align on Order Cancellation or
Feedback policies.
17.3 Prohibited Gigs
17.3.1 Users may report Gigs to Customer Support that may be in violation of Kaynchi’s Terms
of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat
Gigs).
18 Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community
Standards, you should report it to us through the appropriate channels created to handle those
issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team.
To protect individual privacy, the results of the investigation are not shared. You can review our
Privacy Policy for more information.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct,
or inquiries regarding your account, please contact our Customer Support team here.
18.1 Users may receive a warning to their account for violations of our Terms of Service and/or
our Community Standards or any user misconduct reported to our Trust and Safety team. A
warning will be sent to the user's email address and will be displayed for such user on the
Platform. Warnings do not limit account activity, but can lead to your account losing Artist
statuses or becoming permanently disabled based on the severity of the violation.
18.2 NON-PERMITTED USAGE
18.2.1 Adult Services & Pornography - Kaynchi does not allow any exchange of adult oriented
or pornographic materials and services.
18.2.2 Inappropriate Behavior & Language - Communication on Kaynchi should be friendly,
constructive, and professional. Kaynchi condemns bullying, harassment, and hate speech
towards others.
18.2.3 Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send
malicious content with the intent to compromise another member’s account or computer
environment is strictly prohibited. Please respect our members privacy by not contacting them
with offers, questions, suggestions or anything which is not directly related to their Gigs or
orders.
18.2.4 Privacy & Identity - You may not publish or post other people's private and confidential
information. Artists further confirm that whatever information they receive from the Buyer, which
is not public domain, shall not be used for any purpose whatsoever other than for the delivery of
the work to the Buyer.
18.2.5 Authentic Kaynchi Profile - You may not create a false identity on Kaynchi, misrepresent
your identity, create a Kaynchi profile for anyone other than yourself (a real person), or use or
attempt to use another user’s account or information; Your profile information, including your
description, skills, location, etc., must be accurate and complete and may not be misleading,
illegal, offensive or otherwise harmful. Kaynchi reserves the right to require users (Artists) to go
through a verification process in order to use the Platform (whether by using Pakistani CNIC,
phone, camera, NADRA esahulat verification certificate etc.).
18.2.6 Fraud / Unlawful Use - You may not use Kaynchi for any unlawful purposes or to conduct
illegal activities.
18.3 ABUSE AND SPAM
18.3.1 Multiple Accounts - To prevent fraud and abuse, users are limited to one active Kaynchi
account. Any additional account determined to be created to circumvent guidelines, promote
competitive advantages, or mislead the Kaynchi community will be disabled. Mass account
creation may result in disabling of all related accounts. Note: any violations of Kaynchi’s Terms
of Service and/or our Community Standards is a cause for permanent suspension of all
accounts.
18.3.2 Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment
towards other users on Kaynchi. This includes creating new multiple accounts to harass
members through our message or ordering system.
18.3.3 Selling Accounts - You may not buy or sell Kaynchi accounts.
18.4 PROPRIETARY RESTRICTIONS
The Platform, including its general layout, look and feel, design, information, content and other
materials available thereon, is exclusively owned by Kaynchi and protected by copyright,
trademark, and other intellectual property laws.
Users have no right, and specifically agree not to do the following with respect to the Platform or
any part, component or extension of the Platform (including its mobile applications): (i) copy,
transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or
reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise
attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii)
remove any copyright notice, identification or any other proprietary notices; (iv) use automation
software (bots), hacks, modifications (mods) or any other unauthorized third-party software
designed to modify the Platform; (v) attempt to gain unauthorized access to, interfere with,
damage or disrupt the Platform or the computer systems or networks connected to the Platform;
(vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or
content protections of the Platform; (vii) use any robot, spider, crawlers or other automatic
device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the
Platform to monitor, extract, copy or collect information or data from or through the Platform, or
engage in any manual process to do the same, (viii) introduce any viruses, trojan horses,
worms, logic bombs or other materials that are malicious or technologically harmful into our
systems, (ix) use the Platform in any manner that could damage, disable, overburden or impair
the Platform, or interfere with any other users’ enjoyment of the Platform or (x) access or use
the Platforn in any way not expressly permitted by these Terms of Service. Users also agree not
to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Platform according to these Terms of Service, Kaynchi
owns all right, title and interest in and to the Platform (including any and all intellectual property
rights therein) and you agree not to take any action(s) inconsistent with such ownership
interests. We reserve all rights in connection with the Platform and its content (other than “User
Generated Content”) including, without limitation, the exclusive right to create derivative works.
18.5 FEEDBACK RIGHTS
To the extent that you provide Kaynchi with any comments, suggestions or other feedback
regarding the Kaynchi platform, as well as other Kaynchi products or services (collective, the
“Feedback”), you will be deemed to have granted Kaynchi an exclusive, royalty-free, fully paid
up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Kaynchi is under no
obligation to implement any Feedback it may receive from users.
18.6 CONFIDENTIALITY
Artist should recognize that there might be a need for Buyers to disclose certain confidential
information to be used by Artists for the purpose of performing the ordered services, and to
protect such confidential information from unauthorized use and disclosure. Therefore, Artists
agree to treat any information received from Buyers as highly sensitive, top secret and classified
material. Without derogating from the generality of the above, Artists specifically agree to (i)
maintain all such information in strict confidence; (ii) not disclose the information to any third
parties; (iii) not use the information for any purpose except for delivering the ordered work; and
(vi) not to copy or reproduce any of the information without the Buyer’s permission.
18.7 General Terms
18.7.1 Kaynchi reserves the right to put any account on hold or permanently disable accounts
due to breach of these Terms of Service and/or our Community Standards or due to any illegal
or inappropriate use of the Platform or services.
18.7.2 Violation of Kaynchi's Terms of Service and/or our Community Standards may get your
account disabled permanently.
18.7.3 Users with disabled accounts will not be able to sell or buy on Kaynchi.
18.7.4 Users who have violated our Terms of Service and/or our Community Standards and had
their account disabled may contact our Customer Support team for more information
surrounding the violation and status of the account.
18.7.5 Users must be able to verify their account ownership through Customer Support by
providing materials that prove ownership of that account.
18.7.6 Disputes should be handled using Kaynchi's dispute resolution tools ('Help Center' on the
order page) or by contacting Kaynchi Customer Support.
18.7.7 Kaynchi may make changes to its Terms of Service from time to time. When these
changes are made, Kaynchi will make a new copy of the terms of service available on this page.
18.7.8 You understand and agree that if you use Kaynchi after the date on which the Terms of
Service have changed, Kaynchi will treat your use as acceptance of the updated Terms of
Service.
19 User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content
created by the Platform. All content uploaded to Kaynchi by our users (Buyers and Artists) is
User Generated Content. Kaynchi does not check user uploaded/created content for
appropriateness, violations of copyright, trademarks, other rights or violations and the user
uploading/creating such content shall be solely responsible for it and the consequences of
using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Kaynchi
platform, you represent and warrant that you own or have obtained all rights, licenses, consents,
permissions, power and/or authority, necessary to use and/or upload such content and that such
content or the use thereof in the Platform does not and shall not (a) infringe or violate any
intellectual property, proprietary or privacy, data protection or publicity rights of any third party;
(b) violate any applicable local, state, federal and international laws, regulations and
conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We
invite everyone to report violations together with proof of ownership as appropriate. Reported
violating content may be removed or disabled.
Furthermore, Kaynchi is not responsible for the content, quality or the level of service provided
by the Artists (even if they are Top Rated Artists, offer Promoted Gigs or otherwise). We provide
no warranty with respect to the Gigs, their delivery, any communications between Buyers and
Artists. We encourage users to take advantage of our rating system, our community and
common sense in choosing appropriate services.
20 Representations, Warranties and Limitation of Liabilities
20.1 Representations and Warranties
You acknowledge and agree that the content on the Platform is provided on an “as is” and “as
available” basis, and that your use of or reliance upon the Platform and any content, goods,
products or services accessed or obtained thereby is at your sole risk and discretion.
All photos and images of the Goods are also for illustrative purposes only and may differ from
the actual Goods.
While Kaynchi makes reasonable efforts to ensure the provision of the Platform and the
Services we offer, are available at all times, we do not warrant or represent that the Platform
shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical
difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to
scheduled or regular system maintenance work, downtimes attributable to internet or electronic
communications or events of force majeure.
20.2 Disclaimer of Warranties
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED
THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND
ANY SERVICES OBTAINED THROUGH THE PLATFORM 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 PLATFORM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20.3 Limitation on Liability
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 PLATFORM, ANY WEBSITES
LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY
SERVICES OBTAINED THROUGH THE PLATFORM 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
20.4 Artist’s representations
Kaynchi shall neither be liable for actions or omissions of the Artist nor you in regard to
provision of the Services and where Artist Travelling applies to your Order, Kaynchi does not
assume any liability for the quantity, quality, condition or other representations of the Goods
and/or services provided by Artists or guarantee the accuracy or completeness of the
information (including menu information, photographs and images of the Services) displayed on
the Artist’s listing/offering on the Platform. Nothing in these Terms shall exclude Artist’s liability
for death or personal injury arising from Artidt’s gross negligence or willful misconduct.
20.5 Artist Liability
Artists are solely responsible for the preparation, condition and quality of Services sold to you.
In cases of Artist Travelling, Artists are responsible for delivery of the Services and/or Orders.
Kaynchi shall not be responsible or liable for any loss, damage, expense, cost or fees arising
from your contractual relationship with the Artist.
21 Personal Data (Personal Information) Protection
You agree and consent to Kaynchi and any of its affiliate companies collecting, using,
processing and disclosing your Personal Data in accordance with these Terms and as further
described in our Privacy Policy. Our Privacy Policy is incorporated by reference herein and
accessible here (https://www.foodpanda.pk/contents/privacy.htm) or via the links on our
Platform.
22 Indemnity
22.1 use of the Platform;
22.2 use of the Services; or
22.3 breach of these Terms.
23 Third Party Links and Websites
The Platform may contain links to other third party products, websites, services and offers and
by clicking on these third party links, you agree to do so at your own risk. These third party links,
products, websites and services not owned or controlled by us. We do not control or endorse
these third party websites or links and shall not be responsible for the content, functionality,
security, services, privacy policies, or other practices of these third party linked pages. We
accept no liability or responsibility for any loss or damage which may be suffered by you in
relation to your access and use of these third party links and websites.
24 Termination
Kaynchi has the right to terminate, suspend or delete your account and your access to or use of
the Platform for any reason, including, without limitation, if Kaynchi in its sole discretion:
considers your use to be unacceptable;
is not satisfied with the results of the Background Checks, conducted on an ongoing basis; or
suspects or discovers you to have been involved in any activity or conduct that is in breach of
any of the Terms.
Kaynchi may, but shall be under no obligation to, provide you a warning prior to termination of
your use of the Platform.
25 Amendments
Kaynchi may amend these Terms at any time in its sole discretion, and the amended Terms
shall be effective immediately upon posting, subject to applicable laws. It is your responsibility to
check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in
part, you must stop using the Platform immediately.
26 Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining provisions of these
Terms, which shall remain in full force and effect. No waiver of any provision in these Terms
shall be deemed a further or continuing waiver of such provision or any other provision.
