Terms and Conditions for Clients
These are the terms and conditions for clients (the ‘Terms’) for www.kwotani.com.mt (the 'Site'). The Site is operated by Kwotani Limited (‘Kwotani’, ‘we’, ‘us’ and ‘our’), a private company incorporated under the laws of Malta with registration number C 72806 and having its registered address at Block 21, Flat 102, Vjal Portomaso, St. Julians STJ 4017, Malta.
The object of the Site is to provide an online platform to enable persons providing services (the 'Service Provider') and persons who wish to avail themselves of and pay for services (the ‘Client’ or ‘you’) to connect with each other. The Site is intended to allow the Service Providers to offer their services in response to a Client’s search and request of various services (the 'Services').
All and any use of the Site shall be subject to these Terms and by using the Site in any way whatsoever you agree to be bound by these Terms in their entirety. Printing and keeping a copy of these Terms for future reference is recommended.
What do we do?
Kwotani operates a website that connects Clients with relevant Service Providers against a single request for service.
Kwotani categorises industries against keywords. All industries are easily accessible by Clients against a simple text input search or index search. Once an industry is chosen, Kwotani proceeds to intelligently asks relevant questions about the required service to the Client. Once all questions have been asked and answered, Kwotani sends the Client request to all Service Providers on its database that are registered in the industry chosen by the Client.
Interested Service Providers are then able to send a quote to the Client in a competitive scenario. A maximum of seven (7) Service Providers can do this for any given request on a first come first served basis.
The Client may then, but is not obliged to, choose the quote that is most favourable to him/her within a designated period of time.
We do not:
- provide the Services ourselves;
- get involved with the contract of work between the Client and the Service Provider;
- get involved with payments between the Client and the Service Provider;
- guarantee that the Clients will select you as a Service Provider;
- act as agents or partners to the Service Providers or the Client;
- take responsibility for any issues whatsoever arising in connection with Services provided by the Service Provider.
Registration as a Client
All Clients must be registered with the Site in order to make a request for services.
Our Site provides Clients with the facility to search for a wide range of Services, and Service Providers with the facility to list and quote for the same Services.
A full list of the Services offered on the Site is listed here www.kwotani.com.mt/service.
There are a number of Services we do not currently offer on our Site. These include, but are not limited to, babysitting, caregiving services, property rental, lending of money and dating services. We regularly review our list of permitted Services and it is at our sole and absolute discretion as to whether a Service may be listed or not. We reserve the right to add or discontinue Services at any time
As a general rule we do not permit the listing of physical or virtual goods or products and the sale of products is not allowed.
The Site is only applicable to the Maltese Islands and Services may not be offered outside this territory. All Service listings and Service Provider details shall be represented in English.
We will receive requests for required Services (‘Request/s’) from Clients through the Site. These Requests will be assessed by us and forwarded, at our discretion, to a selection of Service Providers that fit the relevant criteria.
In submitting your Requests, you will be asked to respond to a number of questions and provide details, including photographs, dimensions, plans and descriptions, in order to ensure that the Service Provider has enough information to give as accurate a quote as possible
On receipt of a Request, the Service Provider shall assess the information provided, decide whether to quote for the job and, if in the affirmative, proceed to prepare the quote via our website, including a cost estimate and personal message relative to the Service to be offered.
Quotes from Service Providers will be sent directly to the Client. You will receive an email notification which will direct you to the ‘Dashboard’ section of the Site, where you can read and respond to the quote. In preparing a quote, the Service Provider may also request further details regarding the service Request.
We are in no way involved in the way a Service Provider quotes for work requested and do not guarantee that Service Providers are competent, skilled, qualified or available to carry out the work they quote for. Moreover, we have no control over whether you will be contacted by one or more Service Providers, nor are we responsible for the number of quotes you receive.
You will receive a maximum of seven (7) quotes for each Request you submit. You shall be at liberty to select and proceed with any quote received, or none at all, at your sole and absolute discretion.
Conclusion of Contract
Should you agree to engage a Service Provider following receipt of the quote, any agreement or contract for the provision of the Service will be between you and the Service Provider only. We will not be responsible for, or a party to, any agreement between you and the Service Provider, nor are we bound by any of the terms of such an agreement. It is up to you and the Service Provider to agree on terms of provision of service and to ensure that the appropriate agreement is in place.
We do not get involved in any aspect of the payment process, and any transfer of money shall be arranged directly between you and the Service Provider.
Client materials and information
You may only use quotes received from Service Providers and any other information or materials provided by Service Providers (including personal information of the Service Provider and images and video) (‘Service Provider Materials’) for the sole purpose of assessing the relative quote. You will keep such Service Provider Materials confidential and secure from third party access at all times. You shall remain responsible at all times for any unauthorised and/or illegal use of Service Provider Materials.
Each Client and Service Provider has a rating.
Following completion of works, both the Client and the Service Provider will be prompted to leave a review of the other party making up the transaction. We are not involved in this review in any way and cannot be held responsible for negative or unfavourable reviews.
The content you submit to or through the Site (‘Client Content’), including material contained in your profile or any reviews or comments you post on the Site, must comply with the standards set out in this Section. Client Content must be relevant, accurate and in compliance with applicable law.
Client Content may not:
- be unlawful in any way;
- infringe any intellectual property right or other right of any other person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
- contain fraudulent information;
- request Services that are illegal under Maltese law;
- contain any hyperlink to any page of an internet site that resides behind a ‘paywall’ or other login screen or any ‘deep link’ where ‘deep-linking’ (except to the Site’s home page) is prohibited by the site operator;
- contain any material which is defamatory of any person or entity;
- be or be likely to be misleading or deceptive;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- be menacing, threatening, abusive or invasive of another´s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
- contain or promote sexually explicit material;
- promote violence or aggression;
- promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- disrupt the normal flow of dialogue with an excessive amount of Service Provider Content (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site;
- contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- be posted by a third-party agent, service or intermediary that offers to post content on behalf of others without express permission from us; or
- give the impression that it emanates from us, if this is not the case.
By using the Site, you acknowledge that it is your responsibility to ensure that you have the right to submit all and any Client Content you submit to or through the Site, and that you do not submit any content which is in breach of the standards set out above.
We will attempt to take down, edit or modify any objectionable Client Content, including ratings, reviews and comments, and reserve the right to do so with or without notifying the Client. However, given that we do not screen or moderate all Client Content, with the exception of certain information as detailed in these Terms, such as Profile information, you acknowledge that you may be exposed to content that you may find objectionable or offensive, including negative feedback.
To make changes to your Client Content you can contact us at email@example.com.
By using the Site you agree to unconditionally and irrevocably indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:
- any Client Content (including your Profile and any feedback) you submit to or through the Site;
- any use of Service Provider Materials;
- any use of Client Materials;
- any use you make of the Site.
This indemnity will survive termination or closure of your account for whatever reason.
You may request us to terminate your account at any time.
We reserve the right, at our discretion, to terminate your account immediately when we believe this is reasonably necessary, for instance following a breach of these Terms. All access to the Site will be suspended without prior notice.
We will not be liable to you or any third party for the termination of your account.
All provisions of these Terms which are intended to have effect or to bind either party following any expiry or termination hereof, shall survive expiry or termination of these Terms to the extent permissible by law.
The object of the Site is to provide an online platform to enable Service Providers and Clients to connect with each other directly.
Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of Services as between Service Providers and Clients.
You agree that your use of the Site and use of Services is entirely at your own risk. No representations are made by us regarding the Service Providers who may receive your Request or the quality or any other aspect of the work provided. You are to make your own assessment when deciding whether or not to accept provision of a Service from a particular Service Provider. We do not endorse any content submitted by any Service Provider or any opinion, reliability or ability to carry out work expressed by any Service Provider and we expressly disclaim any and all liability in connection with the foregoing.
Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our gross negligence or for fraud or fraudulent misrepresentation or any other liability that under Maltese law may not be limited or excluded.
Subject to the immediately preceding paragraph, in no event shall we be liable to you (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
Your rights and obligations under these Terms may not be transferred or assigned, whether in whole or in part.
Any notices required to be given must be given in writing, including via email, to Block 21, Flat 102, Vjal Portomaso, St. Julians STJ 4017, Malta and to firstname.lastname@example.org. We may give notice to you at the email or postal addresses provided to us by you in your registration, as updated by you from time to time.
Failure to enforce our rights under these Terms shall not result in a waiver of our rights.
Should any of these Terms be found to be invalid or unenforceable, all other provisions shall be unaffected.
These Terms may not be varied in any way without our express consent in writing. These Terms do not purport or intend to create any agency, partnership, joint venture, franchiser-franchisee, or employer-employee relationship.
All and any headings used shall be for references purposes only and shall in no way define, limit, construe or describe the scope or extent of any Section.
These Terms and any document expressly referred to in them shall represent the entire agreement between us.
All confidential information obtained in relation to these Terms, the Site or its use shall remain confidential. Confidential information may only be disclosed to your professional advisors, employees, officers, subcontractors and agents, and only where (i) disclosure is necessary for the purpose of exercising and performing rights and obligations under these Terms, (ii) they have been informed of the confidential nature of the disclosed information and (iii) they agree to comply with the confidentiality requirements of these Terms.
Governing law and jurisdiction
These Terms are construed in accordance with and governed exclusively by Maltese law. Any dispute, claim or controversy that arises between you and us in connection with these Terms or the Site shall be settled exclusively by the Courts of Malta. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
For further information about these Terms, please contact us at email@example.com.