Terms & conditions for Kaodim Direct

This Terms of Use agreement is effective as of 31 August  2016.

1. Acceptance

WELCOME TO KAODIM DIRECT.

PLEASE READ THE FOLLOWING TERMS OF USE THOROUGHLY AND CAREFULLY. By using and / or browsing the Website, you agree that you have read, understood and agree to be bound by these Terms of Use.

If you do not agree with these Terms of Use, whole or in part, please discontinue using and / or browsing our Website immediately.

KAODIM SDN BHD (1102934-K) is a company incorporated under Malaysian law (Kaodim, “we” or “us”), operating the Website.

These Terms of Use shall be deemed to include our Privacy Policy and any Additional Policies. We may assign or change any part or parts of our rights under these Terms of Use without your consent or prior notification. The Terms of Use and Privacy Policy constitute a legally-binding agreement between us and you.

2. Definitions

1. “Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Website, whether as a Service User or Service Professional;
2. “Additional Policies” means any and all other operating rules, policies, and / or guidelines in addition to the Terms of Use, that may govern the use of the Website and which is made known to you from time to time;
3. “Data” is defined in Clause 14.1;
4. “Kaodim Service” means the facility provided by the Website including but not limited to (i) accepting Service User requests and disseminating them to Service Professionals; (ii) facilitating Service Professionals to render quotations to Service Users; (iii) sending fixed prices for completing Service User Requests that have been agreed upon between Service Professionals and Kaodim (iii) facilitating Service Users and Service Professionals to make contact; (iv) maintaining profiles for Service Professionals; and (v) any other ancillary or related services;
5. “Kaodim Direct” means job requests submitted by Service Users through the Kaodim Website which will be disseminated to a select number of Service Professionals. These job requests do not provide the Service Users with multiple quotes to compare, but only one Service Professional who has chosen to accept the job at a Service Free that has been agreed with Kaodim.
6. “Marks” is defined in Clause 14.1;
7. “Password” means the password which you may be required to create, provide and use in order to create and use an Account;
8. “Service” means the professional service offered and / or to be rendered by the Service Professional in the course of his business to a Service User;
9. “Service Fee” means the fee invoiced or charged by the Service Professional to the Service User upon completion of the Service
10. “Service User” means any individual or company that has (i) used or browsed the Website; and / or (ii) submitted a job request for professional services offered by Service Professionals, via the Website, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Service Professional via the Website; (iii) submitted a Kaodim Direct job request
11. “Service Professional” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Website;
12. “Submitted Content” is defined in Clause 7.1;
13. “Terms of Use” refer to these Terms of Use, Privacy Policy and any Additional Policies as may be modified from time to time;
14. “user”, "you" and "your", as applicable, means a person who accesses, uses, and/or participates in the Website in any manner, whether as a Service User or Service Professional; and
15. “Website” means (i) the websites bearing the following domains: www.kaodim.com, www.kaodim.sg, www.gawin.ph, and www.beres.id and any other related microsites and / or mobile or web applications owned and operated by Kaodim which may or may not be of similar names; and (ii) any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.

3. Function and Purpose

1. You acknowledge that the Website functions as an online platform for Service Users to connect with Service Professionals for the purposes of transacting to respectively receive and provide Services. Kaodim is not itself a Service Professional or a Service User.

4. User Representation

1. By using or participating in the Website, you represent, warrant and undertake that:
1. you are at least eighteen (18) years of age;
2. you are or intend to be either a Service Professional or Service User;
3. you have the authority to enter into and accept these Terms of Use;
4. all registration or other information that you are required to submit in order to gain full use of this Website for your intended purpose as a Service Professional or Service User is true and accurate and that you will maintain the accuracy of such information;
5. your use of the Website and Services offered through this Website do not violate any applicable law or regulation which you are subject to; and
6. you agree to make payment, if required, for any Services requested through the use of the Website (if any)

5. License to Access

1. Kaodim hereby grants you a non-exclusive, revocable license to use the Website as set forth in these Terms of Use, provided however that:
1. you will not copy, distribute, or make derivative works of the Website in any medium without Kaodim's prior written consent;
2. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
3. you will otherwise act in accordance with these Terms of Use and with all applicable laws.

6. Account

1. You may generally use and browse the Website without registering or providing your personal details. However, in order to access and utilise the full facilities and features of the Website, you may be required to create an Account. To create an Account, you must provide and submit your name, email address and / or create a Password. You may also provide additional optional information at your discretion, which is not required to create an Account but which will help Kaodim to provide you with a more customised experience when using the Website.
2. You are solely responsible for safeguarding your Password and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Kaodim immediately of any breach of security or any unauthorised use of your Account. Similarly, you shall never use another person's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. You hereby acknowledge and agree that Kaodim will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding, you may be liable for the losses of Kaodim or others due to such unauthorised use.
3. In addition and in connection with the use of your Account, you acknowledge and agree that:
1. You will not copy or distribute any part of the Website in any medium without Kaodim's prior written authorisation;
2. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
3. You will provide accurate and complete information when creating your Account;
4. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Kaodim's prior written approval;
5. You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site;
6. You shall not in any way that transmits more request messages to the Kaodim servers, or any server of a Kaodim subsidiary or affliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Kaodim reserves the right to revoke these exceptions either generally or in specific cases;
7. You shall not recruit, solicit, or contact via any medium, any Service Professionals or Service Users for employment or contracting for a business not affiliated with Kaodim without prior, written authorisation from Kaodim;
8. You shall not take any action that (i) unreasonably encumbers or, in Kaodim's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Kaodim's measures that are used to prevent or restrict access to the Website; and
9. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes

7. Your Submitted Content – Prohibitions, Representations and Warranties

1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website including but not limited to (i) your profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User (collectively referred to as "Submitted Content") that
1. misrepresents the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any Service Professionals, provides or create links to external sites that violate this Terms of Use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
2. invades anyone's privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
3. contains falsehoods or misrepresentations that could damage Kaodim or any third party;
4. is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
5. is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Kaodim all of the license rights granted therein;
6. is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
7. intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers through any means;
8. advertises or solicits a business not related to or appropriate for the Website (as determined by Kaodim in its sole discretion);
9. contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
10. contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
11. distributes or contains viruses or any other technologies that may harm Kaodim, or the interests or property of Kaodim users;
12. contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;
13. is non-local or irrelevant content; or
14. contains identical content to other open Postings you have already posted, or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of Kaodim.
2. You will not send messages to other users whom you have made contact with via or through the Website containing:
1. offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
2. unsolicited advertising or marketing of a service that is (i) not offered on the Website; or (ii) is offered on an external website.
3. While using the Website, you shall not:
1. post content or items in any inappropriate category or areas on the Website;
2. violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
3. fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity;
4. fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon;
5. circumvent or manipulate any fee structure or billing process that we may have or implement;
6. post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
7. take any action that may undermine any feature that Kaodim has or may come up with for the purposes of the Website; or
8. leave any untrue or inappropriate feedback about a Service Professional and you shall at all times use careful and good judgment in leaving any feedback
4. You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:
1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Kaodim to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
2. you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and
3. you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.
5. You retain all of your ownership rights in your Submitted Content. You hereby grant, and you represent and warrant that you have the right to grant to Kaodim a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Kaodim’s (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website (and any derivative works in any media formats and through any media channels).
6. You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to read and use, such Submitted Content as permitted through the functionality of the Website and under these Terms of Use

8. Kaodim - Disclaimers and Right to Remove Submitted Content

1. Kaodim does not endorse any Submitted Content or any opinion, recommendation, or advice provided by any users and Kaodim expressly disclaims any and all liability in connection with all Submitted Content.
2. Kaodim does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Kaodim will remove any Data or Submitted Content in its sole discretion, upon being notified or having reason to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. Kaodim may take any action or steps it deems fit in its sole discretion against such infringer.
3. Kaodim reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.
4. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content:
1. from a variety of sources and that Kaodim is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content; and
2. that is or may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against Kaodim, and agree to indemnify and hold Kaodim, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
5. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Kaodim may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

9. Service Professionals

1. If you are an individual using the Website and / or have register for an Account as a Service Professional, you represent and warrant that you have the authority to bind the individual and / or company that is responsible for and operates the business as a Service Professional and your acceptance of the Terms of Use will be deemed an acceptance by that Service Professional.
2. By signing up, registering or creating an Account on the Website as a Service Professional, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and / or (ii) provision of your Service.
3. Service Professionals shall not:
1. register or list on the Website in a category of Service which they do not offer or that is irrelevant to or inappropriate for the Service they are offering;
2. misrepresent the location(s) at which they will provide a Service;
3. include third party brand names or other inappropriate keywords in their Profile, title or any posting, messages or submission made in or through the Website;
4. use misleading titles, words or phrases that do not accurately describe the Service they provide;
5. include any information in their Profile that is fraudulent or otherwise incorrect;
6. Upload customer reviews of their Service which is not from a genuine customer or state or otherwise indicate any information which is known to be untrue or commit any fraud on the Service Professional’s Profile;
7. do anything to circumvent or avoid any fees that Kaodim may charge;
8. conduct fraud or misconduct on any promotions or partnerships which Kaodim may conduct;
9. use their Profile or the Website for promoting (i) products or goods; (ii) Services which are not offered by the Service Professional through the Website; (iii) Services which are not a recognised category on the Website; (iv) any website, service, product, party or anything not directly related to their Service or otherwise prohibited by Kaodim in its sole discretion from time to time; or (iv) any services that may be prohibited under law;
10. solicit Service Users or any person to pay or do anything not specifically permitted by these Terms of Use or by Kaodim as it may in its sole discretion determine from time to time;
11. Solicit, entice, require or otherwise cause a Kaodim Direct Service Users to hire the services provided by Service Professionals without requiring the Service Users to hire their services via the Kaodim Website or submitting another Kaodim Direct job request;
12. Charge Kaodim Direct Services Users Service Fees that are different from those that have been set and advertised by Kaodim;
13. Fail to attend and / or complete jobs within the timeframe and specifications agreed with the Kaodim Direct Service Users;
14. Cancel Kaodim Direct jobs less than 24 hours before it is initially agreed to begin;
15. Fail to show up to Kaodim Direct appointments at times agreed with the Service User;
16. Fail to reschedule any Kaodim Direct appointments with the Service User;
17. offer or solicit any Service or do anything that contravenes these Terms of Use, the Privacy Policy or any laws.

 

2.1 Kaodim Direct Job Completion.

To ensure that the Kaodim Website remains a reliable source of referrals once Service Professionals have been awarded a Kaodim Direct job request, the Service Professionals are contractually obligated to complete the job within the time specified by the Service Users, and to the satisfaction of, the Service Users. Service Professionals may not cancel the Kaodim Direct job without advance notice of at least 24 hours to Service Users and Kaodim, except in the case of an unavoidable emergency, in which case, Service Professionals shall notify Service Users and Kaodim as soon as practicable. In the event Service Professionals, upon more than twenty-four (24) hours' notice, needs to reschedule a Job, Service Professionals may contact the Service Users and attempt to reschedule the Kaodim Direct job. In the event that the Service Users declines to reschedule, Kaodim shall have the right to make the Kaodim Direct job available on the Kaodim Website.

Cancellation by Service Professionals may result in termination of this Agreement in accordance with paragraph 23. Alternatively, at Kaodim’s discretion, cancellation by Service Professionals may result in liquidated damages or penalty fees being charged to Service Professionals as described in Schedule B, which may be modified from time to time by Kaodim.

If Service Users and Service Professionals agree to reschedule, Service Professionals agrees to notify Kaodim as promptly as possible. In the event that the Service Users declines to reschedule, Kaodim shall have the right to make the Kaodim Direct Job available on the Kaodim Website.

Service Professionals understands and agrees that Service Professional's failure to complete a Kaodim Direct Job in accordance with Service User’s specifications after he or she has booked that Kaodim Direct Job using the Kaodim Website constitutes a material breach of this Agreement and could result in a fee.

If Service Professionals fails to show up for an appointment, Kaodim will not reimburse credits used to accept the job and Kaodim will also deduct 15 credits for each time Service Professionals fail to show up on an agreed time. Service Professionals will also be subject to suspension from the Kaodim platform.

Service Professionals may be entitled to a reimbursement of credits on a pro rata basis, subject to investigation by Kaodim, in the event a Service Users cancels a Kaodim Direct Job after the start date.  Service Professionals are entitled to a reimbursement of credits in the event the Service Users cancels a Kaodim Direct Job before the start date.

 

2.2 Service Users Ratings.

Service Professionals acknowledges that the Kaodim Website is intended to refer Service Users only to those Service Professionals who maintain the highest standards of professionalism and quality of service. Service Professionals agrees to maintain high standards of professionalism and service, including but not limited to maintaining tools and materials consistent with industry standard and in good working condition, maintaining appearance and grooming standards consistent with industry standard, and maintaining a rating at or above the minimum rating established by Kaodim for access to the Kaodim Website, as modified from time to time.

In the event Service Professionals aggregate rating falls below the applicable minimum rating, Kaodim reserves the right to deactivate the Service Professionals access to the Kaodim Website. Kaodim agrees to provide Service Professionals written notice of the minimum rating and any changes thereto.

 

2.3 No Control.

Kaodim shall not control or have any right to control the manner or means by which Service Professional performs the Services, including but not limited to the time and place Service Professionals performs the Services, the Jobs Service Professionals selects, the tools and materials used by Service Professionals to complete the Jobs, the helpers, assistants, subcontractors or other personnel (if any) used by Service Professionals to assist in completing Jobs, or the manner in which Service Professional completes the Jobs.

Where approved in advance by the Service Users, and except as otherwise provided in this Agreement, Service Professionals are not obligated to personally perform the Services. Service Professionals shall furnish at his/her own discretion, selection, and expense any and all assistants, helpers, subcontractors or other personnel the Service Professionals deems necessary and appropriate to complete the Services. Service Professionals shall be solely responsible for the direction and control of any such personnel and for all acts and omissions of same.

Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by Service Professionals, Service Professionals shall require any such individuals to submit to a basic background check satisfactory to Kaodim at Kaodim’s request. Service Professionals agrees that any assistants, helpers, subcontractors or other personnel used shall maintain a professional appearance consistent with industry standards while performing Services.

Service Professionals assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel,

Service Professionals shall be responsible for, and shall indemnify and hold Kaodim harmless for any claims, suits, or actions related to this provision, including any such claims brought by Service Professionals or his or her assistants, subcontractors and/or other personnel, or by any third party with respect to any claims for taxes or contributions, including penalties and interest.

 

3. Service Fees

3.1 Kaodim Direct Service Fees

Service Professionals, authorises, agrees and consents wholly to the, Service Fees, including the amount of credits Kaodim will deduct every time the Service Professionals accept a Kaodim Direct Job Request according to Schedule A .

Service Users shall pay for completed Kaodim Direct Jobs through the Kaodim Website at the rates quoted by Kaodim and/or the Service Professionals according to Schedule A at the time the Kaodim Direct Job is posted on the Kaodim Website. Each Kaodim Direct Job made available to Service Professionals on the Kaodim Website shall set forth the date, time and details about the Service requested. The charges for accepting a Kaodim Direct Job, and the estimated Kaodim Direct Service Fees the Service Professionals shall be entitled to upon completion of the Job, can be modified from time to time.

Modifications to pricing and fees will be effective upon written notification to Service Professionals and will supersede any and all prior versions.

 

3.2 Kaodim Direct Job Service Fee Negotiation.

If a Kaodim Direct Job referred to and accepted by Service Professionals requires more time to complete than the what covered by the Service Fee agreed to with Kaodim for the Kaodim Direct Job Request, the Service Users and Service Professionals may, prior to Service Professionals providing any Services above and beyond the original Kaodim Direct Job request may negotiate an increase in the Service Fees.

Upon agreement to an increase in Service Fees, Service Professional and Service Requester shall notify Kaodim. Kaodim shall have no involvement in negotiating any increase in the Service Fees unless the negotiation involves imposing an increase in the Service Fees that is not within those stated in Schedule A

10. Service Users

1. Service Users shall not:
1. commit to purchasing or using a Service with no intention of paying for such Service;
2. sign up, request or negotiate a price for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;
3. request for or agree to purchase a Service when (i) you know, have reason to believe or have been put on notice that you do not meet the Service Professional's terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.
2. As a Service User, you are encouraged to refer to our How to Hire Guidelines and to exercise reasonable and independent judgement, discretion and care in deciding to hire and engaging with a Service Professional.

11. No Confidentiality

1. Without prejudice to the Privacy Policy, you acknowledge and agree that Kaodim does not guarantee any confidentiality with respect to any Submitted Content by users, including without limitation, your Profile or information conveyed, posted or shared by you, that is hosted and / or published on the Website.

12. Modifications to Terms of Use or Privacy Policy

1. Kaodim reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

13. Termination

1. Kaodim reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice and in its sole discretion. You agree that Kaodim shall not be liable to you or to any third party for any modification, suspension or discontinuance of Kaodim’s services.
2. You hereby acknowledge and agree that Kaodim in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website or any part thereof, or remove and discard any Submitted Content on the Website immediately and without notice and for any reason which is may but is not obliged to disclose.
3. Upon termination of your Account, your right to participate in the Website in any way shall automatically terminate.
4. Upon termination the following shall occur:
1. your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in the Kaodim system;
2. all licenses granted to you will immediately terminate;
3. Kaodim shall not be liable to you or any third party for any termination of your access to the Website. Kaodim retains the right to use any data collected from your use of the Website; and
4. all related licenses you have granted Kaodim hereunder shall remain in effect for the foregoing purpose. In no event is Kaodim obligated to return any Submitted Content to you. All terms and conditions and rights in favour of Kaodim survive termination and remain in the full benefit of Kaodim.
5. You agree to indemnify and hold Kaodim, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.

14. Intellectual Property Rights

1. The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Kaodim, subject to copyright and other intellectual property rights under Malaysian laws, other applicable laws and international conventions. Such Data and / or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and Kaodim owns and retains all rights in such Data and Marks. All other trademarks, names and logos on this Website are the property of their respective owners.
2. Data on the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
3. Kaodim reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

15. Disputes

1. Your interactions with other users, whether individuals, companies and/or organizations and whether Service Professional or Service Users, found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.
2. You understand and acknowledge that deciding whether to:
1. use the Services of a Service Professional
2. provide Services to a Service User; or
3. use information contained in any Submitted Content
3. is your personal decision, for which you alone are responsible. You understand that Kaodim does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any user.
4. In the event of any dispute between you and a Service User, Service Professional or any other third party or user in relation to the Website, such dispute shall be resolved between you and such Service User, Service Professional or any third party or user, and Kaodim shall not have or hold any responsibility, liability or obligation in relation thereof.
5. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT KAODIM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS ON THE WEBSITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT KAODIM IS UNDER NO OBLIGATION TO BE INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE KAODIM, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.

16. Advertisements and Third Party Links

1. Aspects of the Website and other Kaodim services may be supported by advertising revenue. As such, Kaodim may display advertisements and promotions on the service. The manner, mode and extent of advertising by Kaodim on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Kaodim of any advertised products or services. You agree that Kaodim shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
2. The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. You acknowledge and agree that Kaodim is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Kaodim's endorsement of such third-party sites or any product or service offered through them.
3. We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a thirdparty website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.
4. You further acknowledge and agree that Kaodim shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Website, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Website, and you accept all responsibility thereof. Your dealings and communications through the Website with any party other than Kaodim are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party

17. Disclaimer of Warranties, Limitation of Liability and Indemnities

1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. KAODIM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTIES AND/OR REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE WEBSITE AND FROM YOUR USE OR INABILITY TO USE THEREOF INCLUDING BUT NOT LIMITED TO:-
1. THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE OR ANY SERVICE THAT KAODIM PROVIDES
2. ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY KAODIM OR ANY THIRD PARTY THROUGH THE WEBSITE);
3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR KAODIM’S SERVERS, DATA OR INFORMATION;
4. ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;
5. ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;
6. ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;
7. ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.
2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KAODIM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY FORM OF DAMAGE, LOSS OR INJURY IN ANY FORM WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE IN TRANSMISSION OF DATA OR BUSINESS INTERRUPTION REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE WEBSITE AND FROM YOUR USE OR INABILITY TO USE THEREOF, INCLUDING BUT NOT LIMITED TO:-
1. THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE;
2. ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY KAODIM OR ANY THIRD PARTY THROUGH THE WEBSITE, ANY WEBSITE, SUBMISSIONS OR ANY OTHER MEANS);
3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR KAODIM’S SERVERS, DATA OR INFORMATION;
4. ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;
5. ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;
6. ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;
7. ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.
3. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW, KAODIM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS AND/OR EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE, YOUR BREACH AND/OR VIOLATION OF ANY TERM OF THESE TERMS OF USE, YOUR BREACH AND/OR VIOLATION OF ANY THIRD PARTY RIGHT OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO COPYRIGHT, INTELLECTUAL PROPERTY, PROPERTY AND/OR PRIVACY RIGHTS.

18. Fees and Taxes

1. Kaodim reserves the right at its sole discretion to charge fees to Service Users and / or Service Professionals for the Kaodim Service and the use of the Website, including but not limited to fees for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through Kaodim. Kaodim reserves the right to charge fees for such facilities at its sole discretion and by using the Website, you agree to pay any such fees as Kaodim may notify to you and prescribe from time to time.
2. Kaodim acts solely as an online platform for Service Users to connect with Service Professionals for the purposes of transacting to respectively receive and provide Services. Kaodim is not itself a Service Professional or a Service User, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Service Professional to any Service User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations

19. Not Party / No Agency or Partnership

1. You hereby acknowledge and agree that Kaodim is NOT a party to any oral or written agreement for Service or any agreement or contract entered into between Service Users and Service Professionals in connection with any Service offered, directly or indirectly, through the Website.
2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website. You do not have any authority whatsoever to bind Kaodim in any respect. All Service Professionals are independent of Kaodim. Neither Kaodim nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

20. Entire Terms

1. The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Kaodim on the Website, shall constitute the entire agreement between you and Kaodim concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

21. Governing Law

1. These Terms of Use shall be governed by the laws of Malaysia and you agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.

 

SCHEDULE A

KAODIM DIRECT SERVICE FEES

Air cond service

No. of Units	Price	Credits Required to Accept Job
1	RM130 per unit	32 credits
2	RM125 per unit	60 credits
3 - 4	RM115 per unit	83 credits
5 & above	RM100 per unit	120 credits

Note:

1. Price per unit applies to 1-3 HP wall-mounted air cond (inverter / non-inverter). This price is not applicable for cassette or ceiling air cond.
2. Price includes chemical washing, standard checking & maintenance, cooling system and filters, r22 gas refill (up to 20psi top up).
3. Additional RM40 for each R410a gas refill
4. 30-days workmanship warranty
5. For servicing of air cond, only charge the customer at the completion of the service of all the air con units the customer has requested for.

Cleaning service

Packages	Price	Credits Required to Accept Job
1 session	RM100	30 credits
4 sessions	RM320 (RM80 per session)	16 credits x 4
12 sessions	RM960 (RM80 per session)	16 credits x 12

Note:

1. 1 session: 4 hours with 1 maid OR 2 hours with 2 maids
2. Price includes sweeping or vacuuming, mopping, wiping all areas of the home. It should also include cleaning all toilets, kitchen, washing dishes, and wiping all windows. Does not include ironing and laundry or gardening.
3. Additional RM30/session to provide cleaning tools & materials
4. Additional RM20/cleaner/hour if customer wants to extend the service duration (subject to availability).
5. Vendor can recommend actual man hours according to the size of the premise. We need to add the question to the questionnaire
6. For 1 time cleaning packages, only charge the customer at the completion of the service.
7. For weekly or biweekly cleaning packages, only charge the customer once all sessions are completed.

SCHEDULE B

If you cancel the job more than 3 working days before Start Date	You will be reimbursed 75% of credits deducted
If you cancel the job less than 3 working days but more than 1 working day  before State Date	You will be reimbursed 50% of credits deducted
If you cancel the job less than 1 day	You will not be reimbursed the credits deducted