1.1) Kiki operates an online platform allowing Users to access study content and evaluate their own performance.
1.2) Kiki provides the WhatsApp and Website platform only, enabling Users to receive questions, answer them, ask questions in relation to their study preparation and review their performance details.
1.3) Users must be natural persons.
1.4) Kiki has sole discretion to accept or decline to accept any person for registration and may cancel and delete an existing account for, but not limited to, not providing appropriate identification or not complying with the site terms and conditions.
1.5) At its absolute discretion, Kiki may refuse to allow any person to register or create an account with Kiki or cancel or suspend or modify any existing account including if Kiki reasonably forms the view that a User’s conduct (including a breach of this Agreement) is detrimental to the operation of Kiki Prep.
1.6) Kiki accepts no liability for any aspect of the question and answer interaction, including but not limited to the description, performance or delivery of Services.
1.7) Kiki has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the honesty or accuracy of any information provided by Users.
1.8) If Kiki determines at its sole discretion that You have breached any obligation, it reserves the rights to remove any content You have submitted to Kiki Prep or cancel or suspend Your account.
1.9) Kiki has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
As a user, You will at all times:
2.1) Comply with this Agreement (including all Policies) and all applicable laws and regulations;
2.2) Only use Kiki for it's intended purposes and share accurate information on Kiki Prep;
2.3) Ensure that You are aware of any laws that apply to You as a student, parent, educator or user in relation to using Kiki Prep.
2.4) You agree that any content (whether provided by Kiki, a User or a third party) on Kiki Prep may not be used on third party sites or for other business purposes without Kiki’s prior permission.
2.5) You must not use Kiki Prep for any illegal or immoral purpose.
2.6) You may only act on your own behalf as a private individual. It is a breach of these terms to act on behalf, or for the benefit of third parties, including but not limited to corporations and other websites.
2.7) You must maintain control of Your Kiki account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
2.8) You agree that any information posted on Kiki Prep must not, in any way whatsoever, be potentially or actually harmful to Kiki or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Kiki.
2.9) Without limiting any provision of this Agreement, any information You supply to Kiki or in a conversation must not:
- violate any applicable law, statute, ordinance or regulation;
- be false, inaccurate or misleading or deceptive;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- be defamatory, libellous, threatening or harassing;
- be obscene or contain any material that, in Kiki’s sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
- contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Kiki Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
2.10) A User should never disclose personal details such as the User’s full name, street number, phone number or email address in a posted question or in any other public communication on Kiki Prep.
2.11) Kiki Prep Services are available merely as informational and study aids and should not be considered substitutes for applicable coursework, homework, class and lecture requirements, assignments and related materials. In using the Services, you specifically agree not to use, claim or submit as your own any portion of the help materials. Kiki does not guarantee the accuracy or quality of answers or other study material that appear on the Services, some of which may be posted by other Users. You further agree the Services may present information that is incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.
2.12) You understand and agree that Kiki acts only as an interface to facilitate preparation for the users.
2.13) To access Kiki’s Services or platforms you must provide a phone number and optionally email address and password. You are solely responsible for maintaining the confidentiality of your credentials.
2.14) You must notify Kiki immediately of any unauthorized use of your account. You are responsible for any authorised or unauthorized actions undertaken using your account.
2.18) You acknowledge that any links from Kiki’s Platform to third party sites do not indicate that Kiki has any control over or responsibility for the contents of such sites. Kiki excludes all liability for any direct or indirect damage, loss or costs of any kind arising in any way out of or in connection with your access and/or use of third party sites.
2.19) You agree that Kiki may send you notifications (emails and text messages) including such information as; your receipt and transaction record, verification emails, reminders and or promotional emails, which you as the User may opt out of at any time.
2.20) Kiki will not ask you for personal information, account Username, password or any of your credit card details via email. Kiki will have no responsibility for the misuse of such information if you provide it via email.
3.1) Payment for certain Services is due in advance and non-refundable for each applicable Subscription Period (e.g., monthly). Your payment details must be verified before your Subscription can be activated. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date.
3.2) Monthly Subscriptions may automatically renew and your nominated payment method we have on file will be charged on the first day of each renewal period until your Subscription is terminated by Kiki or cancelled by you. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3.3) You remain responsible for any uncollected amounts. If our charges are rejected from the payment method you have indicated is your preferable payment method, you authorise us (without notice to you, unless required by applicable law) to, retry such payment method, and collect from You the Subscription Fees. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the service until we have successfully charged a valid Payment Method.
3.4) Kiki reserve the rights to store your payment details and charge you for policies set forth in these Terms of Use. You can update your Payment Methods by going to the “Manage Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.5) Kiki reserve the rights to change the Subscription Fees of our Services from time to time; however, any price changes or changes to your Subscription plans will apply no earlier than 30 days following notice to you.
3.6) If your payment method is invalid, or your payment is otherwise rejected, your Service may automatically be cancelled, and access revoked. If your Subscription is cancelled due to such a payment issue, Kiki makes no guarantee that the same price will still be available to you.
3.7) Subscription fees are billed at the beginning of the billing cycle and are non-refundable. Your billing cycle is determined by the date you started payment of Subscription fee. For the avoidance of doubt, if you start your monthly Subscription on 10th February, each billing cycle will end on the 9th of the following month.
3.8) Cancellation of Subscription is complete by your User profile and must be completed at least 2 calendar days before your next billing date, otherwise we may not be able to stop your next payment from being deducted. If you signed up for the subscription using your account with a third party as a Payment Method and wish to cancel your Kiki subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Kiki subscription service through that third party. You may also find billing information about your Kiki Subscription by visiting your account with the applicable third party.
3.9) When you cancel, you cancel only future charges associated with your Subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period. Your cancellation request must be made at least 2 calendar days before your next billing date otherwise we may not be able to stop your next payment being deducted.
By creating a Kiki account, you agree to receive from Kiki any email / message of, but not limited to, transactional, marketing and/or informational nature.
No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Kiki, its related entities or affiliates in any way whatsoever. Kiki confirms that all Third Party Services that may be promoted on the Kiki Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Kiki specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
6.1) Kiki may terminate your account and this Agreement at any time for any reason.
6.2) Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
6.3) If Your account or this Agreement are terminated for any reason then You may not without Kiki’s consent (in its absolute discretion) create any further accounts with Kiki and we may terminate any other accounts You operate.
The exclusions and limitations of liability shall be as follows:
7.1) Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Kiki specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided), arising out of or in any way connected with any use of the services.
7.2) Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Kiki specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or Service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Kiki Platform.
7.3) Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Kiki is not liable for any Consequential Loss arising out of or in any way connected with the Kiki Services.
7.4) Except for liability in relation to a breach of any Non-excludable Condition, Kiki liability to any Student of the Kiki Service is limited to the total amount of payment made by that User to Kiki during the twelve month period prior to any incident causing liability of Kiki.
7.5) Kiki does not make any warranties or representations, express or implied, in relation to the completeness, accuracy or timeliness of the information contained in Kiki’s Platform. To the extent permitted by law, Kiki excludes all liability for any direct, indirect or consequential damage, loss or costs caused by or in connection with your use of or inability to use the Platform or Kiki’s breach of contract or statute, negligence or misrepresentation.
8.1) Kiki may offer free trial from time to time. Availability of a free trial is not guaranteed and, if available, is only available to those who have not previously used Kiki Prep’s service. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation. You can cancel your subscription at any time before the end of your free trial. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun.
8.2) It is your responsibility to know:
1. When your trial period ends;
2. The applicable subscription fee for your subscription plan; and
3. The applicable add-on subscription fees for your add-on plan (if relevant)
8.3) We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by Kiki at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Subscribers with an existing or recent Kiki subscription may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Kiki subscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
9.1) Kiki’s platform is devoted to learning and the creation of knowledge. We know that most of you have never and will never abuse the Services or any of the information, Services or materials available through them. You agree to abide by our Honor Code.
You may not use any of the solutions, answers, materials or information available on or through the Services, to cheat. Examples include:
1. Use any solutions or explanations to share with others as your own.
2. Using our questions and answers Service to complete tests or homework when instructed not to use outside help.
3. Otherwise passing along any solutions, answers, materials or information from the Services as your own.
4. Any other violation of your instructor’s or school’s academic honor code.
We will take swift action against anyone found violating this Honor Code. If Kiki is presented with evidence that its Services have been used in a manner contrary to its Honor Code or any other part of these Terms of Use, Kiki may, in its sole discretion, remove the materials and terminate the account of the involved Users.
“Agreement” means the most updated version of the agreement between Kiki Prep and a User, which is governed by the laws of New South Wales, Australia.
“Kiki”, “We” or “Us” means Industry Ready Engineers Pty Ltd (ABN: 83 650 727 414), trading as Kiki Prep.
“Consequential Loss” means any loss, damage or expense recoverable at law:
- other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
- which is a loss of:
- opportunity or goodwill;
- profits, anticipated savings or business;
- data; or
- value of any equipment,
“Subscription Period” means the time period that users are subscribed to the Kiki Prep Service which lasts for a month.
“Non-excludable Condition” means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
“Third Party Service” means the promotions and links to Services offered by third parties as may be featured on Kiki Prep from time to time.
“User” or “You” means the person who has signed up to use Kiki Prep, and as a paying or free member.
Last updated: Saturday 14th September, 2024
