WHO WE ARE
We’re a technology company that connects hourly workers with businesses in the medical/dental industries. Kwikly uses technology to connect businesses with pre-qualified, ready-to-work professionals to work on-demand, hourly-based, daily shifts. Kwikly’s platforms feature automation of workforce management and staffing functions. The hourly workers, who we call “Professionals” use our mobile app to decide when and where they want to work. Professionals can view, claim, and work a variety of shifts.
USERS AND SUBSCRIPTION
- Comply with all applicable local, state, federal and international laws including, without limitation, privacy, intellectual property, and tax laws along with all other regulatory requirements;
- Provide accurate and updated information;
- At all times while using the Services, act professionally and responsibly.
INTERACTIONS WITH OTHER USERS
Interaction between users: You are solely responsible for all interactions with other users. Businesses, Professionals, and all users agree to make their own decisions regarding persons they employ, and work (shifts), job positions, assignments they claim. Users represent, understand and expressly agree that Kwikly does not have any liability for or control over any user’s authenticity, integrity, abilities or responsibility online or onsite in the workplace. Additionally, all users expressly agree not to hold Kwikly or its officers, directors, agents, investors, and employees liable for any damage, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with the Services.
BILLING AND PAYMENT POLICY
In an effort to better serve our clients and simplify the billing experience, Kwikly offers a streamlined program for all Paid Services. By authorizing enrollment, Client enrolls in Kwikly’s billing program, agrees to these Terms and Conditions for Payments and authorizes Kwikly to: (a) initiate recurring automated clearing house (ACH) debit entries or (b) charge a specific credit card account and (c) agrees to pay a 2.9% processing fee for all credit card transactions and 1% processing fee for all ACH debit transactions. The amount of any such payments will be the total invoice amount billed to Client directly for services provided, plus all applicable credit card transaction fees. Client also authorizes Kwikly to credit a specific credit card account in the appropriate amount for any refunds or other billing adjustments. All payments will be automatically withdrawn from the specified checking account or charged to the designated credit card one business day following the completion of time submitted by our professional unless Client disputes clocked hours and therefore authorization.
Clients will be charged a $25 fee for any shift with an assigned provider, that is canceled by the Client within 30 days of the shift start date. A Client can cancel free of charge if no providers are assigned to the shift or if the shift is canceled more than 30 days from the start date of the shift. Scheduled shifts that are canceled or shortened within 24 hours of the start time will be billed at the original hours.
RELIANCE ON CONTENT ON THE SERVICE
You agree that Kwikly is not responsible for your reliance on any information or content made available through the Services, other than that provided directly by Kwikly, and the authors of such information and content are solely responsible for such content. Kwikly does not guarantee the accuracy or completeness of any information on the Services or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any third party or user that appears on the Services. You agree that Kwikly will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Services.
MODIFICATIONS TO THE SERVICE
Kwikly reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Services or any content or information thereon with or without providing notification to users. You agree that Kwikly and its officers, directors, agents, investors, and employees are not liable to you or any third party for any modification or discontinuance of the Services.
LIMITATIONS ON USE
You agree that Kwikly and its officers, directors, agents, investors, and employees are not responsible for any incorrect or inaccurate content or information posted on the Services or in connection with the Services and no user should rely on any information therein or the continuation of the Services. THE SERVICE AND ALL INFORMATION AND ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KWIKLY, ITS OFFICERS, DIRECTORS, AGENTS, INVESTORS, AND EMPLOYEES, AND EACH OF THEIR RESPECTIVE AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS WILL IN NO WAY AND UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY CLAIM, DEMAND, LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE, WHETHER ONLINE OR OFFLINE. SHOULD YOU BECOME DISSATISFIED OR HARMED BY THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE ABOVE SECTION “TERM.” We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, malfunctions of computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the internet or at any website.
LIMITATION OF LIABILITY
Other than connecting with users for the purpose of receiving or providing a temporary job position or project, users are prohibited from using the Services for the purpose of recruiting for another website or soliciting, advertising to, or contacting other users for employment, contracting, or any other purpose for a business not affiliated with Kwikly without the express written consent of Kwikly. As previously noted, we reserve the right to terminate your account or use of the Services in our sole discretion at any time if you violate these Terms and Conditions. We further reserve the right to take appropriate legal action including, without limitation, civil or criminal actions, and requesting injunctive relief.
DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW