Terms and Conditions
Last modified: July 1, 2022
Welcome to Kwik!
Kwik is a unique marketplace where you can sell, buy, share, and earn through your online influence. We want all who visit our site and use our Products to have a good experience. (Products include our website, our mobile app, etc.) These User Terms and Conditions form a legally binding contract between you and Kwik. By using Kwik Products, you agree to the following Terms and Conditions—our rules for helping everyone have the best experience possible. If you do not agree with these terms, do not use Kwik Products.
Be aware that these Terms and Conditions do not create any partnership, joint venture, employment, or franchise relationship between you and Kwik. If you are interested in Selling through Kwik, you must also understand and agree to our Seller Policy.
Your Account
To use our Products, you will need to create an account. Click Here to learn how to set up an account with Kwik. By creating an account, you agree to the following terms:
There must be only one account per person; you are responsible for your account
You must be 18 years of age or older. Youth over 13 may use Kwik only through the account of a parent or legal guardian. Any use of services by a minor on your account is your responsibility. Children under 13 may not use our Products.
Information you provide about yourself must be honest and accurate. Impersonating another person or company on your account is prohibited.
You are responsible for keeping your account secure and protecting your password.
Use of Kwik Products
By using Kwik Products, you affirm that you understand and agree to the following terms. When using Kwik:
Do not access data from Kwik products using robots, spiders, or any automated manner that you do not have permission to access
Do not collect, copy, utilize, transfer, or sell, any data from Kwik products that is not provided to you by Kwik
Do not upload an unauthorized link to an outside site
Do not upload or aid in uploading the introduction of any malicious code or virus to Kwik Products
Do not do anything to violate another’s rights, including intellectual property rights
Do not impair the proper function of Kwik products
Do not violate local or international laws, trademarks, rights, or intellectual property rights
Follow our Trademark Policy
Pay all fees owed to Kwik
Content
In using Kwik, you will have various opportunities to create content. Content that you produce includes (but is not limited to) reviews, comments, photos, profile pictures, descriptions on your profile, and messages to Sellers. You are responsible for the content that is posted or uploaded on your account.
To ensure a good experience for all Kwik members, there are certain types of content we do not want posted on Kwik Products. By using our Products, you agree to not produce content that is hateful, abusive, threatening, vulgar, obscene, false, misleading, or deceptive in any way.
Kwik is committed to protecting intellectual property rights. If we are made aware that you uploaded or posted content that infringes upon another’s intellectual property, we will take appropriate action. This may include disabling your account temporarily or terminating your account if you repeatedly use or infringe upon other’s intellectual property. We will notify you of these changes should any of that happen. Contact Kwik if any content that you own or have rights to that has been posted without your permission.
If you are a Seller, see our Seller Policy for additional information on Our Standards.
Privacy
Your Privacy
We are committed to protecting your privacy and personal information and will not share or sell your personal information to third parties. Please see our Seller Policy for full details. If you are planning to sell through Kwik, read both the Privacy Policy and Seller Policy to understand your responsibilities regarding buyer personal information. If you disagree with the Privacy Policy and our collection and use of information, please do not use Kwik Products.
Privacy of your network
Influencers earning Kwik Cash through wave distributions will see the “waves” they influence. We will not disclose this network of waves to other Kwik users.
Earning Kwik Cash
Influencers can earn Kwik Cash through social media. Here, an influencer is anyone who shares a link to a product on Kwik. When that link is clicked on to visit the product page and a sale is made, influencers earn Kwik Cash. Kwik has a “No Purchase Necessary” policy, meaning influencers are not required to purchase a product before sharing the link to its product page on Kwik. However, those who do not purchase the product and share a link must abide by the following steps: Please contact customer service at [email protected]. Entry must include in subject line: “Applying for a Campaign” and include your username and email address of your Kwik account, as well as the campaign you want to join. Please include at least 1 paragraph of the success you have had using the brands product, and why you want to recommend it.
As stated in our Seller Policy , you will need to submit additional information – including, financial information to receive your Kwik Cash.
In the United States, where Kwik operates, influencers must abide by the Federal Trade Commission (FTC) Disclosure of Material Connection. This is required when the material connection (such as payment, a free product or service, or a sponsorship) would affect the credibility of the influencer’s endorsement (for example, the endorsement would only be positive because the influencer benefits) or when the audience would not expect it because there is no obvious connection to the Brand.
To earn Kwik Cash, Influencers must abide by the following rules:
The influencer must clearly disclose there is a material connection to a Seller’s products, goods, or services. Here are some examples of how you can disclose this:
“Disclosure: by clicking on this link and purchasing [product] on Kwik, I benefit by earning Kwik Cash”
“Includes paid promotion”
Clearly visible hashtags such as #advertisement, #sponsored, #[insertbrand]ad, or #ad
The disclosure must be within influencer’s post about the product and clearly visible.
The influencer must be honest and not misleading about the product.
The influencer cannot make false claims about the product, including outright falsehoods, unrepresentative testimonials (such as an effect of a product that would not apply to all i.e., “this face cream made me look five years younger”), or unsubstantiated claims (the influencer does not have adequate experience with the product to endorse it).
If you are outside the United States, similar laws may apply. Residents of Canada should be aware of the Competition Act under the Competition Bureau and its penalties for violating influencer regulations. If you are in the United Kingdom, be aware of social media influencer regulations released by the Advertising Standards Authority (ASA), Committee of Advertising Practice (CAP), and the Competition and Markets Authority (CMA). As an influencer, you are responsible for understanding the laws of your country of residents and using your social media influence accordingly.
401(k) Exclusion Policy
When you earn Kwik Cash, you understand that Kwik does not and is not responsible for offering you a 401(k) plan as you are not a Kwik employee.
Case Policy
Kwik does not represent Brands that may sell through Kwik Products. If you have an issue with a product, we ask that you contact the Seller directly first to resolve that issue. If the Seller does not respond or does not resolve the issue, you can open a case with Kwik.
A case can be opened if the item arrives and is not as described or shown on the Seller’s shop, or if it is not delivered due to the Seller’s actions. The Buyer must provide a photo for an item that is claimed to be not as described or as shown on the Seller’s shop. Examples might include an item(s) that is/are
made of a different material or pattern that described
a different size, color, model, or version
in a different condition than described (i.e., is described as new but is used)
the wrong quantity of items
damaged
missing pieces or parts
incomplete promised services
The Seller must ship a purchased item within a reasonable timeframe or to meet a promised delivery date. However, a case cannot be opened if the item is damaged, not delivered, or delivered late due to third-party shipping as neither the Seller nor Kwik are at fault.
Cases will be resolved when one or all of the following conditions apply:
The buyer is issued a refund.
The buyer closes the case.
If the case was open due to non-delivery and the Seller provides evidence that the item was shipped in a timely manner to the buyer’s address.
For more information on Seller’s responsibilities, see our Seller Policy
Disputes with Others
When an issue arises concerning a product or interaction with a Seller or other Kwik member, follow the steps above listed in our Case Policy. We will do all we can to help you resolve any issues regarding our policies. However, we are not obligated to resolve disputes you have with other Kwik members or a third party. By using Kwik Products, (i) you are to fully release Kwik from any losses, claims, damages, or demands that arise from disputes with other members or parties, and (ii) you agree to indemnify and hold Kwik harmless from any claims or demands made against Kwik by other members or other third parties resulting from your actions or inactions.
Disputes with Kwik
Whether you are a Seller or buyer, if you have a dispute with us, please contact us first, and we will do our best to resolve the issue. If disputes cannot be resolved through our customer service, please see our policies for proceeding below.
Governing Law
These Terms and Conditions are governed by the laws of the United States. If you live outside the United States, you may be protected by the mandatory consumer protections laws of your local consumer protection law.
If you are experiencing an issue with us, please reach out and we will work to resolve the issue. However, if the issue cannot be resolved, the following rules will govern any legal dispute regarding Kwik and its Products.
Arbitration
By using our services, you agree to resolve all disputes with Kwik through binding individual arbitration. This means disputes are handled by an arbitrator and not decided by a judge or jury. You waive any right to participate in class action lawsuits, class arbitrations, or representative actions. (Class arbitrations will only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitrator.) The arbitration will be administered by the American Arbitration Association, or the “AAA”, under its Consumer Arbitration Rules, or "AAA Rules", then in effect, unless otherwise required by law. Each party has the right to bring an action to a court that has proper jurisdiction after the final decision of the arbitration or mediator.
Instead of arbitration, you can also assert your claims in small claims court if your case qualifies. Your case must also only advance on an individual basis (non-class and non-representative). The Federal Arbitration Act (“FAA”) and governing laws will determine the interpretation and enforcement of these Terms and Conditions.
AAA Consumer Arbitration Rules will determine payments for any reasonable AAA filing, including administrative and arbitrator fees.
Limitation of Liability
When you use Kwik Products, you agree not to hold Kwik liable for the following:
Purchased Items and Use of Items
When you purchase an item on Kwik Products, you acknowledge that you are not purchasing an item from Kwik. Items that are posted on and sold through Kwik Products are from independent Sellers. If you have an issue with the item, reach out to the Seller or open a Case with Kwik as described above.
Kwik is not responsible for any consequences that come with the use of the item. If your use or misuse of an item leads to personal injury or damage to the item, you agree to not hold Kwik liable and you further agree to fully indemnify and hold Kwik harmless form any such product liability claims arising from your products you sold through Kwik. You further agree and acknowledge that Kwik is not, and shall not, be claimed to be part of the “chain of distribution” for product liability purposes.
Third Party Websites or Services
Content from Sellers and Kwik members may include links to third-party websites, services, social media pages, or other online marketplaces. You understand that these are not controlled or influenced by Kwik. Many of these websites and services will have their own Terms and Conditions that you agree to abide by, and it is your responsibility to be aware of them. Similarly, you access Kwik Products by using a device such as a mobile phone, and these are also not associated with Kwik.
Content and Interacting with Members
As a Kwik member, you can share content through your profile, by leaving a review, or sending a message. We care about your experience, which is why we ask all Kwik members to abide by Our Standards. However, any content posted by a member does not reflect Kwik, and we do not take ownership of any posted content. Kwik is not responsible for the legality, accuracy copyright compliance, or compliance to our standards of any content posted by members that you access through our Products. You release Kwik from all liability relating to member content.
Kwik is also not responsible for your interaction with other individuals through Kwik. While members can open Cases in response to damaged or undelivered products, and Kwik will terminate an account when certain rules are violated (see below), understand that we do not screen users of our Products. You release Kwik from all liability relating to your interactions with other users. Use good judgement and caution in all your interactions with others on Kwik or any service. For example, it isn’t always a good idea to agree meeting someone in person that you meet online.
Indemnification
In the rare event that Kwik is sued due to your actions, use or misuse of Kwik Products, breach of these Terms or Conditions, or infringement of someone else’s rights, you agree to indemnify Kwik. This means you will defend us and hold Kwik harmless (including employees, affiliates, and subsidiaries) from any legal claim or demand, including reasonable legal fees and all costs.
We reserve the right to manage our legal defense as we see fit. This includes when you indemnify us, in which case you agree to cooperate with us.
Changes to User Terms and Conditions
We will notify you of any substantive changes to our Terms and Conditions 30 days before they become effective. By continuing to use Kwik Products, you agree with all updates. If you disagree with any changes to our terms, you may send Kwik a written notification or terminate your account before changes become effective.
Disputes Regarding Changes
As with all changes and modifications to our Terms, you will be notified and can choose to accept the changes or reject them by terminating your account. If you reject the updated Terms and have a dispute with Kwik, you agree to arbitration of the dispute in accordance with our Disputes Policy, including any changes made prior to the rejection. If we make any modifications to the Disputes Policy after the date you last accepted the Terms including continual use of our Products after you have been notified of changes, those modifications will not apply to any claims filed in a legal proceeding against Kwik before the date the changes became effective. If you terminate your account and then re-open it, you agree to the current version of these Terms and Conditions.
Termination of Your Account
Your account’s termination can happen in two ways: by us or by you. You may terminate your account any time through your account’s settings. If you terminate your account, content you have created and posted (such as comments, reviews, or uploaded photos) will remain on Kwik Products. Be aware that you may lose other information associated with your account.
We may suspend or terminate your account if we have reason to believe you have violated these Terms and Conditions using Kwik Products. If we do, you will no longer be able to log in to your Kwik account. If your account is terminated, you understand that you do not have any legal or contractual right to continue to use our Products. For example, after your account is terminated, you cannot buy or sell through our online marketplace. Unless you have violated our Terms repeatedly, or we have legal or policy reasons not to, we will notify you of any change to your account.
Kwik reserves the right to discontinue, suspend, or change its Products and how you interact with them. By using our Products, you understand Kwik is not liable for the effect of any change or discontinuation of our Products.
These Terms and Conditions remain in effect after your account is terminated.
Other Legal Matters
These Terms and Conditions supersede any other agreement you may have with Kwik. If any part of the Terms is unenforceable, that part will be limited to the minimum extent necessary, and the Terms will remain in full effect otherwise. If we do not immediately enforce any part of these Terms, you recognize that we reserve the right to later enforce that or any part of the Terms.
Questions About Terms and Conditions
If you have any questions about these Terms & Conditions, contact customer support at [email protected].