Terms of use for Kindred users
Last updated 25 May 2022
Welcome to Kindred! We're excited to have you. This document describes our relationship and rules for using the Kindred service. Here is a map of what these terms contain.
Our relationshipAn overview of what this agreement is all about and the services Kindred will provide.
1
An explanation of how the Service works, with some important legal notices.How it works
2
ResponsibilitiesKindred's and your responsibilities in providing and using the Kindred service.
3
Important rules relating to how you use Kindred's technology and service. Do's and dont's4
Other legal thingsNotices about Kindred's liability towards you and other legal things.
5
Part 1: Our relationship
We'd like to start by describing how our relationship works.
Please read this document carefully.
By clicking on the “accept” button below you agree to these terms.
If you do not agree to these terms, click on the “reject” button.
Who's whoThis agreementThe service
We are Kindred Soul Ltd (Kindred). Our registered address is PEM, Salisbury House, Station Road, Cambridge, CB1 2LA
Your use of Kindred's service and technology is governed by these terms, which is a legal agreement between you and Kindred.
Once you have signed up, we will give you access to the Kindred Platform and the features we offer through it. We refer to this as Kindred's Service.
This document will refer to you as, well, you. Nice and simple.
By accepting these terms, you are opening a Kindred user account. You need a user account to use the Kindred service.
You can close your account by giving 1 month's notice. Kindred may terminate your account if you are not active for 6 months or longer.
If you want to get in touch with Kindred about your account, the Services or this agreement, email: contact@kindredteam.com
Kindred may modify these terms to reflect changes in the law and the Service. Kindred will notify you in advance, unless a change is needed immediately for legal reasons.
Kindred may modify the Service for legal or security reasons, to ensure it functions well, or to enhance its features. Updates will be installed automatically.
Kindred processes your personal data to provide the Service to you, in accordance with the Kindred Privacy Notice.
Important noticeDefinitions
Kindred connects you to merchants, but you will have a direct buyer/seller relationship with the merchant. Kindred will not get involved in any disputes between you and the merchant in relation to your purchase or cashback.When we use the term Kindred Platform, we mean Kindred's marketplace where brands place offer codes for their products and services, enabling you to surface deals as you shop on your mobile or desktop device.
Part 2: how it works
This section describes the key steps of how the Service works, with important notices relating to your use of it.
StepHow it worksImportant notes
1
RegisterCreate an account on kindred.co and download the Kindred browser extension and/or mobile app.You will need to log into the desktop and mobile app using the same details as your account. Onboarding special offers like cash rewards are not claimable immediately, but at steps 5 or 6 depending on the specific rules for that offer.
2
BrowseAs you browse or shop on your device, Kindred will surface search results from its database of offers.The Cashback available to you will be displayed to you by the merchant and is based on Total Transaction Value.
Kindred does not endorse or provide any warranties regarding the products and services advertised by merchants, including as to their quality.
3
Select dealsClicking on the offers will connect you directly with the merchant.You will enter into a direct relationship with the merchant in relation to any purchase and the associated offer. Fulfilment, payment, returns and refunds is a matter between you and the merchant.
4
BuyMake your discounted purchase on the merchant's site. The amount of Cashback is determined by the merchant and therefore outside of Kindred's control. Kindred will distribute the amount actually paid by the merchant even if different to what the merchant displayed.
5
DonateYou donate 1%-100% of the Cashback to a charity of your choice. The remainder will be credited to you.You can change the donation amount at any time (but this will only affect new transactions going forward). Kindred works with organizations such as Just Giving and Global Giving to distribute payments to the end charity and these organizations will take a fee out of any donation made. Kindred is not responsible for how your chosen charity uses your donation.
6
Get cashbackYour Cashback (excluding the amount you donated) is credited back to your wallet or account. It will show as 'pending' until the merchant has validated the transaction.Cashback will be credited following the end of the returns policy for that transaction (as per the merchant's terms of sale) - this is normally 90 days but may be longer.
Credits to your account are dependent on final validation of the transaction by the merchant - so an additional delay may occur. Kindred will not credit Cashback to you where a merchant has not recognised your transaction for any reason.
7
Withdraw fundsYou can withdraw your cashback from your account, when it contains £10 or more. Please do so within 12 months.The cashback is the property of Kindred until a withdrawal request has been successfully completed. Kindred does not hold your money in an account similar to a bank, so legal title to cashback does not pass to you until you have taken possession of it by withdrawing it from your Kindred account. Kindred can't hold the money indefinitely, so you must withdraw it within 12 months, after which you will lose your right to withdraw it. You are responsible for accounting for and paying any local taxes (the commission you receive is gross of any taxes that may be due).
Special onboarding offers
From time to time Kindred may run offers such as referrals (where you can earn extra cashback if you introduce your friends to Kindred and they make purchases), first purchase (where we credit you with a cash amount when you first join that you can use for your first purchase), onboarding offers (where we gift you a cash amount or voucher that you can give to your favourite charity) and cash rewards (where a cash amount is credited to your wallet once you make your first purchase via the Kindred platform). We will explain the offers and the rules for claiming them, via the Kindred app. Those rules form part of this agreement and you must follow them to get the benefit of the offers.
Definitions
Cashback means discounts, cash-back earnings and similar special offers offered to you by merchants on your purchase (excluding the amount you have donated to a charity).
Total Transaction Value is the total net value (not including applicable taxes such as VAT and sales taxes, delivery fees and any other amounts excluded by the merchant) of any and all sales as per the discount codes the merchant has offered to you via the Service.
A merchant is a brand or retailer that offers you deals via Kindred.
Part 3: Responsibilities
This swimlane describes Kindred's and your responsibilities in relation to the Services. Responsibilities spanning both columns apply equally to each party.
KindredYou
Kindred will open a user account for you, and will keep it open until you choose to close it.You must upgrade to new versions of the Kindred Platform when available (otherwise the functionality of the Kindred Platform may be limited or cease altogether).
Kindred will provide you with free of charge access to the Services to enable you to accept offers from merchants using the Kindred Platform. You must follow the acceptable use terms described in the Do's and Dont's section.
You are responsible for all data charges of your mobile device carrier incurred in using the Kindred Platform.
You are responsible for providing correct payment information for your purchase, and correct bank details for receiving your Cashback. Kindred does not verify the accuracy of any bank or payment details provided by you. If they are incorrect, Kindred will not help you to recover funds paid out incorrectly and will not otherwise be liable to you.
Kindred will use reasonable efforts to make the Kindred Platform available 24 hours a day, seven days a week, except for any periods of unscheduled maintenance.
Kindred will always aim to do any maintenance outside of business hours in the UK (9am-5pm on weekdays, excluding public holidays).
Keep any personal information received from you confidential and in line with Kindred's obligations under its privacy notice and under relevant law. Keep confidential any information you receive from Kindred regarding its business and technology.
Part 4: Do's and dont's
Important rules relating to how you use Kindred's technology.
Here are our rules for using the Kindred Platform, which are your legal obligations whenever you use it. Think of it as important things you should and shouldn't do. They're all common sense. If you break these rules, Kindred has the right to terminate your use of the Kindred Platform immediately.
Do's ✔︎Dont's ❌
.
Use the Kindred Platform in an appropriate way, for the purposes for which it is intended. Upload or post any content on the Kindred Platform that is unlawful, inappropriate or offensive.
Provide complete and accurate information when you register for the Service, and keep it up to date and accurate during the time and you use the Services.Register to the platform if you are less than 16 years old (or the age of majority in your country of residence if it is higher than 16). By registered for an account with Kindred, you represent that you are at least 16 years old or over the age of majority in your country.
Keep your username and password secret, and notify Kindred immediately if you discover or suspect any unauthorised use of your account . Create more than one account. You are only allowed to have a single kindred.co account. If you operate multiple accounts, or attempt to use another person's login details, or attempt to make payments by fraudulent means, we may suspend all your accounts, in which case any offers and balances from earned cash back will be forfeited.
Respect the time and effort Kindred has taken to invest in its brand and technology, and treat Kindred support staff with respect. Use or exploit the Kindred name and logo or any other Kindred intellectual property other than as permitted. This includes copying, reverse engineering, disassembling or decompiling any part of the Services or the Kindred Platform, and distributing or selling any derivative works.
Circumvent any security features of the Service, or use any device or software to bypass any code or interfere with the normal working of the Services.
Carry out any systematic retrieval of data from the Services to create or compile any collection, compilation, database or directory from the information you access on the Kindred Platform. This includes any automated or manual process for monitoring, scraping or extracting data.
If you're not sure what unlawful, inappropriate or offensive content is, here is an explainer. It includes any content which:
●impersonates, or falsely states that you are affiliated with, any person or entity, or creates a false identity for purposes of misleading others;
●is (or promotes content which is) illegal, harmful, threatening, abusive, harassing, false, defamatory, obscene, libellous, sexually explicit, violent, invasive of another’s privacy, hateful, discriminatory based on race / sex / religion / nationality / disability / age / sexual orientation;
●infringes anyone's patent, trademark, trade secret, copyright or other proprietary rights;
●you do not have the right to disclose under contract or applicable law;
●contains software viruses or any other technology designed to interrupt, destroy or limit the functionality of the Services;
●involves the transmission of “junk mail”, “chain letters” or unsolicited mass e-mails — “spam”;
●uses automated scripts or other technology to collect information from or otherwise interact with the Services or other users without their consent;
●includes other people’s personally identifying information or other confidential information, such as credit card numbers, Social Security numbers, license numbers, passwords, phone numbers, addresses, and email addresses; or
●violates or encourages or facilitates the violation of any local, state, national or international law.
Part 5: Other legal things
This section contains statements about our liability to you if things go wrong, and other legal points. It's dull and it won't happen, but it helps our lawyers to sleep at night ; )
Limitation of liabilityKindred's total liability to you under or in connection with this agreement is limited to one hundred and twenty-five percent (125%) of the total fees paid by you under this agreement. If you have not paid any fees to Kindred under this agreement (which will usually be the case), Kindred's total liability to you will be one hundred pounds (£100).
Kindred will not be liable to you for any indirect, incidental, special, consequential, punitive or exemplary damages, arising out of any unavailability of or failure in the Services.
Nothing in this agreement excludes or limits Kindred's liability for death, personal injury or fraud, or any other liability which cannot be limited or excluded by applicable law.
Force majeureKindred will not have any liability for any failure to perform obligations under this agreement if such failure is caused by fire, flood, natural disaster, epidemic or government restrictions associated with epidemics, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of Kindred.
Our relationshipYour use of the Service does not create any employment, partnership or agency relationship between you and Kindred or between you and any merchants.
Our agreement is only with youKindred's agreement with you in relation to the Services is personal to you. It is not intended to confer any rights of enforcement on any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
Assignment of rightsYou cannot assign, subcontract or otherwise transfer any of your rights or obligations under this agreement. Kindred does have the right to transfer or subcontract its rights and obligations under this agreement, which may be necessary to deliver the Services to you or to change how we organise our business.
Governing law This agreement and any dispute or claim arising out of it (including non-contractual claims) is governed by the law of England and Wales.
DisputesThe courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.
.
And that's it!
Well done for getting to the end! We hope you liked these terms. If you have any questions or suggestions, we'd love to hear from you - please email contact@kindredteam.com
These terms are made with ❤️ with majoto.