Terms of Service

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.

 

INTRODUCTION TO OUR TERMS OF USE

Kwikly Services provide platforms, mobile Apps,  and a social network for connecting individuals currently employed or those seeking employment in in medical/dental industries (Professionals) as well as employers (“Clients”), vendors, business partners, contractors, prospects, and other people or entities using the Services (collectively, “Users”). .

The following terms of use (“Terms of Use”) govern your access to and use of the Services, as well as other services we make available on third-party sites, applications, or platforms if these Terms of Use are disclosed in connection with those services.

By clicking on “I Agree” or by opening, accessing, browsing, or otherwise using the Services, you agree to be bound by these Terms of Use and all of the related policies or guidelines incorporated by reference below, including any subsequent changes or modifications to any of them. If you are using the Services on behalf of a company or other legal entity, you agree to be individually bound by these Terms of Use regardless of any agreement your company may have with us. If you do not agree or object, do not open, access, browse, or otherwise continue to use the Services.

PLEASE READ THE TERMS OF USE, OUR PRIVACY POLICY, AND OUR OTHER TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, LIABILITIES, AND OBLIGATION

 

ELIGIBILITY

You, as a user of the Services represent and warrant that you are at least eighteen (18) years of age, and that you have the right, authority, and capacity to enter into this agreement and comply with all terms and conditions of the Terms of Use. We make an effort to advertise to individuals who are at least eighteen (18) years of age or older and will not knowingly collect any information from children. We are not responsible for any misrepresentations related to user’s age and reserve the right to terminate the account of any user whom we believe has provided false information to us or any other users.

 

USERS AND SUBSCRIPTION

Information Provided by Users: It is the responsibility of users to provide accurate, timely, updated and complete information to us when creating an account and using the Services and we are not responsible for any claims or disputes related to any incomplete, inaccurate or untimely information provided by you to us.

Content Posted By You: As to any content, information or materials you provide to the Services, you represent and warrant that you have the right to use and share such content, information or materials on the Services.  You, as a user, are solely responsible for all content you share, provide, produce, display, publish, or disseminate to other users whether such action was taken by you or by Kwikly, with your express authorization. We reserve the right to delete any such content that, in the sole discretion of Kwikly, violates these Terms of Use. Kwikly reserves the right to investigate and take legal action against anyone who violates the terms and provisions, without limitation, the right to suspend or terminate the account of any such violators.

Notice of Cancellation: Until and unless you or Kwikly terminates your account, such account will continue for an indefinite period of time. Should you prefer stop using the Services, please send an email to cancel to:  support@joinkwikly.com If you have paid for any services and you decide to terminate your account, you may use those services through the end of the commitment period and you will not receive any refund of fees.

Fees: By creating a client account, you are responsible for providing timely payment for all services provided by Kwikly, and your acceptance in setting up an account in our systems authorizes Kwikly to charge you in accordance with the our billing agreement(s).

Miscellaneous: As a user of Kwikly, you agree to:

  • 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;
  • Review and comply with these Terms of Use and our Privacy Policy, along with all other applicable policies and notices concerning the Services; and
  • At all times while using the Services, act professionally and responsibly.

TERM

The Terms of Use are effective immediately and will remain in full force and effect during the duration of your use of the Services (including the duration your account is open, regardless of your activity thereon). You may terminate your account at any time by submitting a written notice to Kwikly (email to support@joinkwikly.com is preferred media for this notification purpose). All account termination decisions are in Kwikly’s sole discretion and we are not required to give reason for termination. After termination, the Terms of Use remain enforceable against the user and, when possible and applicable, all terms and conditions of the Terms of Use shall survive termination including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

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. 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.

SHIFT CANCELLATIONS

To avoid additional expense ~ any cancellation to a confirmed shift with a scheduled professional must be communicated at least twenty-four (24) hours prior to the arrival time. There is a four (4) hour minimum charge for any shift that is canceled with less than a twenty-four (24) hour notice.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kwikly and its officers, directors, agents, investors, and employees from and against all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage) or other demand of liability of any kind (including attorneys’ fees) and costs incurred by us in connection with any claim, cause of action, demand, lawsuit or action by a third party arising directly or indirectly out of or in any way connected with a) the Services, b) your failure to comply with the Terms of Use in any way, c) your submission of materials or content on the Services, d) any other activity in which you engage on or through or because of the Services, and e) any third-party claims, including, without limitation, those of any users or your interaction with any other user. You further agree that you will reasonably cooperate in the defense of any such claims. Kwikly reserves the right to select its own legal counsel to represent its interests and you agree to reimburse Kwikly for its attorneys’ fees and costs immediately upon request as they are incurred.

 

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.

PRIVACY

You acknowledge that your submission of any content, material, or information in any form is completely voluntary. You hereby represent and agree that you have reviewed and agree to the Privacy Policy.

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

We reserve the right to place limitations on your account in order to maintain the performance and availability of the Services and to enforce the Terms of Use. Such limitations may include, without limitation, the number of reviews posted, the number of messages sent through the system, and the number of applications. Such limitations supersede all special offers made by us and the limitations may be enforced at our sole discretion. You agree to contact our Support department with any concerns you have over the limitations on your use and you agree to abide by any determinations made by our Customer Services Representative.

 

CHANGES

These Terms of Use (and other applicable terms, such as our Privacy Policy, related policies, and guidelines) are subject to occasional revisions. No changes or alterations shall be deemed to be an admission that there is or ever was anything wrong with these terms.

APPLICATIONS

We may offer services through various applications including applications on smart phones, tablets and similar devices, and plugins on other websites. You agree these Terms of Use and any other agreements required to download such applications shall govern, and you agree that various information including, but not limited to, your device on which you utilize to access these applications, mobile carrier, internet access provider, physical location, websites containing plugins, etc. may be communicated to us and used by us in our sole discretion. Should you change phone numbers or deactivate your device account, you agree to update your account information to reflect such a change and agree that any failure to do so is solely your responsibility. You are solely responsible for all charges related to your use of these applications.

DISCLAIMERS

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.

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LIMITATION OF LIABILITY

Kwikly and its officers, directors, agents, investors, and employees will not, under any circumstances, be liable for any direct, indirect, incidental, consequential, general, special or exemplary damages arising from or relating to the Services, any provision of these Terms of Use or any violation thereof or any conduct of you or anyone else in connection with the use of the Services. Additionally, the aggregate total liability of Kwikly and its officers, directors, agents, investors, and employees arising with respect to or related to the Services or these Terms of Use will not exceed the total amounts paid by any such user to Kwikly in the twelve (12) months prior to the claim arising.

We make no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the Services provisions of these Terms of Use.

NON-SOLICITATION

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

You agree to first try to resolve any dispute informally by contacting us at support@joinkwikly.com. We will respond to you by email and attempt to resolve disputes you submit to us. If a dispute you present to us is not resolved within 30 days of the first email submission regarding the dispute, formal proceedings may be initiated according to the following terms.

These Terms of Use and any dispute between you and Kwikly related to or arising from the Services or these Terms of Use shall be governed by the laws of the state of Minnesota without regard to principles of conflicts of law, provided, however that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

GENERAL PROVISIONS

Failure by Kwikly to enforce any provisions of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use constitute the entire agreement between you and Kwikly with respect to the Services and subject matter hereof. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.