Welcome to Kika Tech. Before using our website, it is important to understand our rules.
Accepting these Terms
This document, our rules, policies and the other documents referenced make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Kika Tech LLC (“Kika Tech”). This contract sets out your rights and responsibilities when you use Kika Tech and our Service (the “Service” includes the “Website” and the application for your mobile device (the “App”), as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed) provided by Kika Tech. Please read them carefully.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
The Help Center is used to host policies in the “Rules and Manners” and provides clarifications to frequently asked questions (“FAQ”). The Help Center can be accessed from side menu of the App. We expect you to read our policies carefully!
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
Some important introductions for you.
1. USE OF THE SERVICES
A. USER ACCOUNTS
You must register for and maintain an active personal user Services account (“Account”) in order to use most aspects of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Kika Tech certain personal information, such as your name, mobile phone number and age, as well as at least one valid form of payment. In order to continue using the Services, you agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or Kika Tech’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Kika Tech in writing, you may only possess one Account. Kika Tech may terminate these Terms and its relationship with you for any violation of these Terms.
If you invite a guest to participate in the Services, you acknowledge and agree that (a) you will indemnify, defend, and hold Kika Tech harmless from any claims, allegations, damages, or other demands against Kika Tech for any and all damages alleged or sustained by such guest, and (b) you acknowledge that you have obtained from such guest a copy of these Terms signed and agreed to by such guest. You agree that you will transmit to Kika Tech a true and correct copy of the Terms signed by the guest upon written demand.
B. CONDUCT AND SPECIFIC REQUIREMENTS
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive cellular phone and/or tablet repair services, unless they are accompanied by you. You agreed to indemnify, defend and hold Kika Tech harmless from any consequences resulting from your decision to permit a person under the age of 18 to participate in the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Kika Tech or any other party, in your use of the Services.
C. CONSENT TO RECEIVE SMS MESSAGES
If Kika Tech determines that there is a need to notify or contact a user, it will do so by calls, sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. Kika Tech shall not be liable for any damages incurred due to the fact that Kika Tech notice or communication was not received or was delayed.
You may contact Kika Tech by emailing us through the Help Center. You may print PDF our policies If you are a United States resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.
You agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. If at any time you determine you no longer want to receive text (SMS) message you may opt-out of receiving such messages by emailing email@example.com with your request. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
D. PROMOTIONAL CODES
Kika Tech main Kika Tech’s sole discretion, create and offer promotional codes, subject to terms that Kika Tech established on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Kika Tech; (iii) may be disabled by Kika Tech at any time for any reason without liability to Kika Tech; (iv) may only be used pursuant to the specific terms that Kika Tech establishes for such Promo Code; (v) have no cash value; and (vi) may expire prior to your use. Kika Tech reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Kika Tech determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Kika Tech may do so in Kika Tech sole discretion.
2. Handling of Coupons
A user may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Kika Tech. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Kika Tech. To the extent permitted by law or regulation, Kika Tech may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. “Coupons” means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Kika Tech, through the Service in accordance with these Terms.
A user will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service.
Coupons are non-cumulative a user will not be able to transfer Coupons to any other user or person. Kika Tech will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Kika Tech in accordance with applicable laws and regulations. A user is responsible for any unauthorized use of his or her Coupons. If Kika Tech determines that your use of Coupons violates our Terms or is otherwise inappropriate, Kika Tech may invalidate all the Coupons and/or Credits earned by using Coupons owned by such user.
Coupons expire in accordance with the applicable campaign rules provided by Kika Tech. Once expired, Coupons will not be reinstated.
3. NETWORK ACCESS AND DEVICES
Kika Tech does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You understand and acknowledge that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You are responsible for any and all software and hardware requirements necessary or preferable for using the Services, including but not limited to acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto, as well as obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.
4. USER PROVIDED CONTENT
Kika Tech may, in Kika Tech’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Kika Tech through the Services textual, audio, and/or visual content and information, which includes any and all information you submit, upload, publish or otherwise make available to Kika Tech through the Services (“User Submitted Content”). While any User Submitted Content provided by you remains your property, by providing User Submitted Content to Kika Tech you grant Kika Tech a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Submitted Content in all formats and distribution channels now known or hereafter devised (including but not limited to in connection with the Services and Kika Tech’s business, sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. By providing User Submitted content you hereby agree with all the terms and provisions of these Terms relating to User Submitted Content.
By providing User Submitted Content, you are representing and warranting that: (i) you are the sole and exclusive owner of all User Submitted Content or you have all rights, licenses, consents and releases necessary to grant Kika Tech the license to the User Submitted Content as set forth in the Terms; and (ii) neither the User Submitted Content nor your submission, uploading, publishing or otherwise making available of such User Submitted Content nor Kika Tech’s use of the User Submitted Content as permitted herein will infringe, misappropriate or violate intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to indemnify, defend, and hold Kika Tech harmless from any and all claims alleged against Kika Tech relating to the User Submitted Content.
You represent, warrant and agree not to provide any User Submitted Content that is determined by Kika Tech, in its sole discretion, to be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, whether or not any State or Federal law may protect such material. Kika Tech may, but shall not be obligated to, review, monitor, or remove User Submitted Content, at Kika Tech’s sole discretion, and at any time and for any reason, without notice to you.
5. PAYMENT FOR SERVICES
You understand and agree that use of the Services may result in payments by you for the services you receive from Kika Tech (“Charges”). After you have received services obtained through your use of the Service, Kika Tech will facilitate payment of the applicable Charges on behalf of the Kika Tech, solely as such limited payment collection agent, using the preferred payment method you have designated when initiating or modifying your Account, and will send you a receipt by email at the end of each session. By utilizing the Services, it is understood and agreed that payment of the Charges in such manner shall be considered the same as payment made directly by you to Kika Tech. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by in its sole discretion.
You understand and agree that (i) all Charges are due immediately and (ii) payment will be facilitated by Kika Tech using the preferred payment method you have designated when initiating or modifying your Account. If you’re primary Account payment method is determined to not able to be charged for any reason whatsoever, you agree that Kika Tech may, as the limited payment collection agent, use a secondary payment method in your Account, if available.
Kika Tech reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Kika Tech’s sole discretion. Kika Tech will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Kika Tech may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.
Kika Tech provides you with a 90 day warranty on the cellular phone and/or tablet repair services as follows: (a) Screen/LCD and/or any other repaired or replaced parts that malfunction, or do not work as intended or designed to work, and (b) the warranty provided is limited to the parts and/or service(s) that you paid for. Except as otherwise provided in these Terms, the warranty extends to cover the labor cost of part replacement and any other repairs specifically resulting from the initial repair.
The warranty set forth above does not protect against: (a) your actions that cause damage to the device that was repaired by Kika Tech, (b) software issues unrelated to the repair, (c) devices that have been jail broken, (c) any loss of data occurring as a result of the repair (YOU ARE ADVISED TO BACK UP ALL DATA PRIOR TO ANY REPAIR ATTEMPT), (d) any issue you knew about and advised the Kika Tech related to the device separate from the repair, and noted prior to the repair being made, (e) water damage The warranty set forth in these Terms is valid only for the specific device repaired and the original customer. Under no circumstances is the warranty transferable to different devices or to an individual that is not you.
While you will notify Kika Tech of any warranty claim, and Kika Tech will thereafter notify the professional of the need to investigate the warranty claim, liability for performing the warranty repair services will rest solely with the Kika Tech that performed the repair service. By using the Services, you are authorizing the Kika Tech to perform repair work on your cellular phone or tablet device. You understand that Kika Tech isn’t an Authorized Service Provider (ASP) of any cellular phone or tablet manufacturer, including but not limited to Apple Inc., and that neither Kika Tech is in any way affiliated with the cellular phone or tablet manufacturer, including but not limited to Apple Inc. Further, by using the Services you agree to release, indemnify, and hold Kika Tech harmless from liability for any claims or damages of any kind or description that may arise from any cellular phone or tablet device repair work performed on your device unless it is caused by the gross negligence of Kika Tech.
By utilizing the Services you understand that Kika Tech has no liability for any data loss, which may occur as a result of work done on your device. You also understand that you have the option to, and are responsible for backing up your device before allowing Kika Tech to perform repair work on your device.
By utilizing the Services you understand that any repairs or technical assistance rendered by Kika Tech may void manufacturer warranties for the device repaired, and that Kika Tech will not assume any liability or warranty in the event that the manufacturer warranties are voided. Kika Tech have no liability whatsoever for indirect or consequential damages resulting from a repair or repair attempt, including any lost or damaged data, software, or lost profits or revenue of the customer.
Kika Tech will warrant to you that from the date the repair Services are provided to you and for a period of 90 days following such date, so long as you remain the owner (“Warranty Period”), each part and accessory provided to you as a component of the repair performed by Kika Tech under these Terms will be materially free of manufacturing defects. Kika Tech’s sole obligation, and your sole remedy, under this warranty is limited to, at Kika Tech’s sole discretion, repair or replacement of the defective part or accessory provided as a component of the repair. This warranty under these Terms is non-transferable.
PLEASE NOTE that Kika Tech’s obligations under the warranty contained in these Terms are conditioned on your prompt notification to Kika Tech of any warranty claim and complying with Kika Tech’s then-current warranty procedures provided to you.
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS:
A. The services are provided “as is” and “as available.” Kika Tech disclaims all representations and warranties, statutory, express or implied, unless they are expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In addition, Kika Tech makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any goods or services obtained through the use of the services, or that the services will be uninterrupted or error-free.
B. By using the services you agree that the entire risk arising out of your use of the services, and any Kika Tech good or services obtained in connection therewith, is bearded solely by you, to the maximum extent permitted by law.
C. Nothing contained in this disclaimer will alter your rights as a consumer to the extent not permitted under applicable law in the jurisdiction where the services are actually performed for you.
9. Cancellation of a Transaction; Refunds
Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, Kika Tech may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within 4 (four) days; or for other reasons Kika Tech deems appropriate.
If a Buyer receives an item that’s damaged, not as described in the listing or is sent the wrong item, the Buyer must report the problem to us within 3 (three) days of delivery, or within such longer time as required under applicable law or regulation, through “Contact Us” in the Help Center Section. In such a case, the Buyer must NOT rate the Seller. Items may be returned to the Seller, as Kika Tech permits, for a refund.
Any refund will be issued to the original form of payment. Transactions where payment is sent outside of the Kika Tech platform are strictly prohibited by Kika Tech’s Terms and Conditions and not protected by our Buyer Protection Guarantee. Listings or profiles soliciting such transactions are subject to removal without notice.
10. LIMITATION OF LIABILITY
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS: A. Under no circumstances, even if Kika Tech has been advised of the possibility of the following damages, and unless expressly forbidden by applicable law related to the services, will Kika Tech be liable to you for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, personal injury, or property damage. Kika Tech shall not be liable for any damages, liability or losses incurred by you arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and Kika Tech, even if Kika Tech has been advised of the possibility of such damages. Kika Tech shall not be liable for delay or failure in performance resulting from causes beyond Kika Tech’s reasonable control. Notwithstanding anything in these terms to the contrary, in no event shall Kika Tech total liability to you in connection with the services for all damages, losses and causes of action.
B. By using the services you agree that the entire risk arising out of your use of the services, and any good or services obtained in connection therewith, is bearded solely by you, to the maximum extent permitted by law.
C. Nothing contained in this disclaimer will alter your rights as a consumer to the extent not permitted under applicable law in the jurisdiction where the services are actually performed for you.
D. These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction where the services to you are actually rendered.
You agree to indemnify and hold Kika Tech and its members, shareholders, owners, officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Kika Tech’s use of your User Submitted Content; or (iv) your violation of the rights, including our professionals.
12. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms, including but not limited to a dispute, claim or controversy relating to the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Kika Tech. Notwithstanding the preceding, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights, including but not necessarily limited to a party’s copyrights, trademarks, trade secrets, or patents. By using the Services you acknowledge and agree that you and Kika Tech are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or other representative proceeding. Further, unless agreed to in writing by all parties to be bound, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held to be unenforceable, then the entirety of this Section 9 will be deemed void and unenforceable. Except as provided in the preceding sentence, this Section 9 will survive any termination of these Terms.
B. ARBITRATION RULES AND GOVERNING LAW
The arbitration specified under these Terms will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes promulgated by the AAA (the “AAA Rules”) then in effect, except as modified by this Section 9. (The AAA Rules are available at the AAA’s website https://www.adr.org). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
13. OTHER PROVISIONS
A. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any conflict of law principles.
B. CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to: Kika Tech 7516 Castor Ave, Philadelphia PA, United of States, 19152 or by email to firstname.lastname@example.org.
The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Kika Tech, with such notice deemed given when received by Kika Tech, at any time by first class mail or pre-paid post to : Kika Tech 7516 Castor Ave, Philadelphia PA, United of States, 19152.
You may not assign these Terms without Kika Tech prior express written approval. Kika Tech may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Kika Tech’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be deemed null and void. No joint venture, partnership, employment, or agency relationship exists between you, Kika Tech or any professionals as a result of the agreements contained in these Terms or your use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible under law. Kika Tech’s failure to enforce any right or provision in these Terms shall not constitute or be construed as a waiver of such right or provision unless acknowledged and agreed to by Kika Tech in writing.