Terms and Conditions
Last modified: February 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. Our Products include our website, our mobile app, etc.
This is 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, please 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 you upload or post 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.
Your Privacy
We are committed to protecting your privacy and personal information. The following describes what personal information Kwik collects and how it is used. If you do not want Kwik to use your information in the ways described below, do not use Kwik Products.
Kwik can obtain information that you voluntarily provide. To use Kwik Products and create an account, you must provide a valid email address and a name that will be associated with your account. You may choose to provide other information on your account, such as a birthday, bio, location, or gender. You can also leave reviews on products or other comments. This information will be available to other Kwik visitors and members.
If you earn wave distributions (or Kwik Cash) you need to supply additional financial data (e.g., credit card and account numbers, transaction details, and form of payment). If you intend to sell through Kwik, see our Seller Policy for additional information that must be provided to Kwik to verify your identity and financial information for you to benefit from your sales.
When you post content through Kwik Products, you grant Kwik a license to use it. We never claim the content as our own. We use and share content posted by Sellers to promote Seller products to other Sellers and Buyers based on their listings, searches, and use of Kwik Products. This permission also allows Kwik to make certain adjustments to content, such as enhancing or resizing a photo or translating content into a different language as needed.
Kwik also automatically collects information when you use our Products, including our Site and our mobile App. This can include your IP address, other unique device identifier, or the version of mobile app you are using. This information can help us prevent user fraud. Kwik will also automatically collect data about your usage of the site, such as the pages you visit and how you interact with those pages (like clicking on a link or the duration of time on a page). This helps us personalize your experience and facilitate advertising based on your interests. Additionally, we are required to share with Sellers to ensure they can full the products to you. We also use this data to send you order confirmation.
Kwik and Sellers both collect buyer personal information and are both controllers of data. When you purchase an item through Kwik, you also provide information to Sellers, which can include your name, address, billing address, and payment information. Sellers must abide by standards to protect buyer’s privacy as outlined in our Seller Policy. During checkout, we may store credit card information, billing address, and other information to process your transaction and for billing and payment. Members in some countries may choose for Kwik to remember their information to make future purchases easier.
Other information we obtain might be provided by you when you contact customer support.
Earning Kwik Cash
Influencers can earn Kwik Cash when they purchase a product, they share a unique link to that product on through social media, that link is clicked on to visit the product page, and a sale is made. The influencer MUST buy the product and the sale must be made using the influencer’s link for the influencer to earn Kwik Cash. As stated above, 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 [Brand product] on Kwik, I benefit by earning Kwik Cash.
- Clearly visible hashtags such as #advertisement, #sponsored, #[Brand]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). Residents of the Netherlands should be aware of the Nederlandse Reclame Code and the Reclamecode Social Media & Influencer Marketing. To check whether the European state where you reside has a self-regulatory advertising organization, see the website of the European Advertising Standard Alliance (EASA). You are responsible for understanding the laws of your country of residence and using your social media influence accordingly.
Pension Plan / 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 or other pension plan as you are not a Kwik employee.
Disputes Policy
Case Policy
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 within 30 days after the Product is purchased 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.
Cases will be resolved when
- 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 delivered 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. You release Kwik from any claims, damages, or demands that arise from disputes with other members or parties.
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 Netherlands. If you live outside the Netherlands, 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, unless – within one month after Kwik has invoked this arbitration clause – you object thereto in writing and indicate that you wish to have the dispute resolved by the statutorily competent court. This means disputes are handled by an arbitrator and not decided by a court The arbitration will be administered by the Nederlands Arbitrage Instituut (NAI) and handled in conformity with the NAI Traject voor Geringere Vorderingen (TGV). It is agreed that the NAI Arbitration Rules of 1 January 2015 shall apply to the proceedings, subject to any deviating and additional provisions as laid down in the annexes to such rules, which provisions the parties accept and shall observe.
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.
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 our 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 or hold us harmless (including employees, affiliates, and subsidiaries) from any legal claim or demand, including reasonable legal fees.
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, know 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 support@kwik.com.