Cidekick Sdn. Bhd.

Terms of Service
Last updated: 30/10/2019

TERMS AND CONDITIONS

Definition

“we”, “us”, “our” refers to Cidekick Sdn Bhd (Company No. 1146405-D).

“you”, “IC” refers to the person who is subscribing to the Website (as an independent contractor) and who shall also be providing the service (as described below) to the client.

“client” refers to the person receiving the service, including the person who requested for the service.

Independent Contractor (the IC)

1. It is hereby agreed and acknowledged that you are an independent contractor. You are not our employee nor agent.

2. We are only a platform to facilitate the client towards getting the suitable service based on their requirements and based on the information made available to us.

3. The scope of services (“service”) that you shall provide to the client is restricted to the service(s) selected during the registration.

4. You shall use the skills, knowledge and experience to the best of your ability in providing the service and on such standards as we may set.

5. You shall abide by and comply with all policy, instructions, directions, guidelines and standard operating procedures that we may determine and impose from time to time.

6. You shall notify us immediately of any request by the client for any special and/or additional service and shall not perform the same without our prior consent and approval.

7. You shall not accept any tips, gifts or any form of remuneration given by the client or persons related to the client, without our consent.

8. We do not guarantee that you shall have any appointment or an appointment with a specific client whether you are available or otherwise.

9. We have the absolute discretion to change the IC to a client at any time without assigning any reason thereto notwithstanding that your appointment as the IC for such client had been confirmed, and you hereby agree that you shall not be entitled to make any claim whatsoever against us in such event.

10. We have the right to suspend or terminate you with immediate effect without assigning any reason thereto. In such event, any payment which is due to you from us (if any) shall be based on the service that you have actually and satisfactorily completed based on the job requirements (or pro-rated accordingly, where applicable). Such payment shall be without prejudice to our right to set-off and/or to claim for any payment (that is due to us from you, if any), as well as loss and/or damage that we may suffer. Similarly we reserve our rights to claim and seek any reliefs which we are entitled to against you under these terms and conditions and/or under the law.

11. You must ensure that you are present at the client’s location for the service no later than thirty (30) minutes prior to the client’s appointment. If later than 30 minutes, we reserve the right to deem that the appointment is not rendered by you.

12. You shall not cancel any appointment, without any valid reason acceptable to us. In the event of such unilateral cancellation on your part, without prejudice to our rights and remedies against you, we shall be entitled to forfeit ten percent (10%) from your Payment (defined below) for next session / period of service. For avoidance of doubt, your failure to turn up for the client’s appointment shall be deemed as a unilateral cancellation on your part.

13. You shall comply with the dress code and attire as we may specify, when providing the service to the client. In the event you have any unnaturally coloured hair, visible piercings other than ears which are not for religious reasons; and/or visible body art, kindly inform us accordingly.

Disclaimer

14. We shall not be liable for any of the client’s act, omission, negligence or default. You shall not enter into any form of agreement or arrangement with the client either directly or indirectly or whether in writing or otherwise, without our express written consent. In any event, we shall not be responsible or liable for any such external agreement or arrangement between you and the client.

15. You are solely responsible for the security of your valuables and personal belongings when providing the service.

16. You are solely responsible to take up any insurance coverage at your own cost and expense. You shall also be responsible to obtain all the necessary permits, licences, approvals as may be necessary and required under the law in providing the service, at your own cost and expense.

Payment

17. We shall make payment to you for the service that you have satisfactorily completed based on current fee (“Payment”). We reserve the right to vary the rate and/or structure of the Payment at our discretion, from time to time.

18. The Payment shall be deposited into your IC account within fifteen (15) working days either:-

1. from the completed day of the service; or

2. from the clearance date of the payment of our fee by the client (Credit Terms).

19. In the event, the client does not pay us our fee after ninety (90) days, we shall release Payment to you within sixty (60) working days. Subject always to a limit of RM 1,000 per job per IC.

20. The IC will need to request for withdrawal from their individual account from us, which may take up to fifteen (15) working days pursuant to the IC’s elected mode of withdrawal as informed to us by the IC.

Job Collaterals

21. The client may provide you with certain job collaterals, such as t-shirts, buntings, electronic accessories and any other items that might be required to carry out the service. In the event, you are not informed otherwise, these job collaterals do not belong to you.

22. You are to return these job collaterals with reasonable wear and tear to the client or to us within five (5) working days either to the client’s office or our office as instructed.

23. In the event, that any of these job collaterals are not returned accordingly, we shall be entitled to deduct the price of the unreturned collateral from your Payment. We reserve the right to withhold any outstanding Payment due to non-compliance according to this clause.

24. Additionally, we also reserve the right to take and legal action and/or criminal proceedings against you pursuant to these job collaterals.

Further Representations, Warranties and Undertakings

25. That you are at least 18 years old.

26. That you have not been charged or convicted with any criminal offence (except for minor traffic offences).

27. You shall provide us with all information and documents as we may request from you for the purpose of the service.

28. You shall strictly keep confidential all information and documents disclosed to you arising from or in connection with the service (either from us and/or the client) and you shall not disclose the same to any third party(ies) directly or indirectly unless such disclosure is required by (i) law or (ii) any competent and relevant Malaysian authority and you are legally obliged to do so, or (iii) unless such disclosure is consented to by us in writing. In the event of disclosure under item (i) and (ii), you shall give us prior notice of not less than 3 working days before such disclosure. The confidentiality restriction herein shall continue to apply to you without limitation in point of time, notwithstanding the termination of this agreement for any reason whatsoever.

29. Throughout the subsistence of this agreement with us, you shall not directly or indirectly engage in any business that is similar or in competition with us or conduct yourself in such a manner as to compromise our interests. You are prohibited from soliciting or engaging in any business (including but not limited to any direct sale, promotion or marketing) or any form of commercial transaction with the client.

30. You shall be responsible for your own taxes, the reporting or declaration of income etc.

Others

31. Any enquiries, financial transactions or any changes or additions to the service, must be communicated directly with us.

32. You shall at all times indemnify and keep us indemnified against all action, liabilities, proceedings, claims, demands, costs and expenses (including legal costs on solicitor-client basis) in respect of or arising out of the service whether expressed pursuant to these terms and conditions or implied by any law for the time being in force or any other relation that may arise hereto.

33. No right of ours under the terms and conditions herein shall be deemed waived unless made and confirmed in writing by us specifically waiving such right. Any waiver by us shall be without prejudice to our rights and remedies in respect of any other breach of the terms and conditions herein by you.

34. No failure or delay on our part in exercising or omission to exercise any right, power, privilege or remedy accruing to us under the terms and conditions herein upon any default or breach on your part shall impair any such right, power, privilege or remedy or be construed as a waiver thereof or an acquiescence in such default or breach; nor shall any of our action in respect of any default or any acquiescence in such default, affect or impair any of our right, power, privilege or remedy in respect of any other antecedent or subsequent default or breach by you.

35. The terms and conditions herein shall constitute the whole of the terms agreed between us and you in respect of the subject matter herein and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

36. If any provision under these terms and conditions is held invalid, unenforceable or illegal for any reason, the remaining of the provisions of the terms and conditions herein shall remain otherwise in full force apart from such provision which shall be deemed deleted.

37. You hereby irrevocably consent and permit us (and the client or the client’s representative, where applicable) to collect, access, process and utilise your personal data for the purpose of and/or in connection with the service herein. We are committed to the protection of your personal data and compliance of all applicable personal data protection laws and regulations in Malaysia. The provisions in relation to personal data as stated in the Privacy Policy shall be applicable herein.

38. You hereby confirm and declare that you are physically, mentally and medically fit to provide the service..

39. We reserve the right to amend or vary these terms and conditions from time to time at our absolute discretion.

40. You shall not assign or transfer any rights or benefits under this terms and conditions to any other party save with our express written consent.

41. These terms and conditions shall be subjected to and construed in accordance with the laws of Malaysia and parties hereby submit to the exclusive jurisdiction of the courts in Malaysia.

 

Client

Definition

“we”, “us”, “our” refers to Cidekick Sdn Bhd (Company No. 1146405-D).

“client” refers to the person who is subscribing and/or requesting for the service on the Site.

The Service

1. The agent, vendor, supplier, or independent contractor (also referred to as ‘Independent Contractor’ (“IC”) is an independent contractor. The IC is not our employee nor our agent.

2. We are a platform to facilitate the client towards getting the appropriate and suitable IC based on the client’s requirements and information that the client provides to us.

3. The scope of services (“service”) by the IC to the client consist of the services uploaded, posted, agreed and/or mentioned (as the case may be). The IC’s service is restricted only to such service as agreed at the time of appointment scheduling by client.

For avoidance of doubt, we reserve the right to change, remove and/or modify the service or any part thereof.

4. The service is presently only available in Malaysia at such territory / area as we may specify from time to time.

5. We do not guarantee the availability of any or a specific IC for any date, time and location which the client seeks for the service to be provided.

6. In the event that the assigned IC is unavailable for an appointment which had already been confirmed, we will provide the next available IC on ‘best-match basis based on the information that the client originally provided.

7. Once the appointment for the service has been confirmed and payment of the Fees has been made in full, if there is a need to change the service time or request for a change of IC, the client shall submit the request for our consideration.

8. We have the right to suspend or terminate the service with immediate effect in the event that there occurs any incident, or complaint by the IC, which in our sole opinion may jeopardize or put the IC’s safety, security and/or welfare at risk. Any disputes will be reviewed by a case to case basis and the management of Cidekick will have the final decision.

9. The client (as the case may be) shall not give any tips, gifts or any form of remuneration to the IC without our consent.

10. We shall not be liable for any of the IC’s act, omission, advise, negligence or default. We shall not be responsible or liable for any external agreement or arrangement between the IC and the client.

11. The client shall ensure a safe and suitable environment for the service to be rendered at the assigned location / premise.

Disclaimer

12. The client shall solely be responsible for the security of the client’s valuables and personal belongings including but not limited to that at the location / premise in which the service is provided.

Fees

13. We shall provide a quotation subject to the service required from us, and the client shall acknowledge and accept before the service may be provided.

14. We are not obliged to provide the service until full payment of the fees have been made unless Credit Terms were given to the client. Client is also authroized to:

    a) Merchant is authorized to handling the payment settlement,

b) Date of release payment / settlement to cidekicks.

15. Credit Terms are for thirty (30) days, which are provided to the client are of a discretionary nature and are given pursuant to our evaluation of the client including but not limited to:-

1. Financial position of the client;

1. Reputation of the client; and

1. Size of the service provided.

2. In the event, the Credit Terms are negotiated to be longer than the standard thirty (30) days, we are entitled to charge additional fees.

17. We reserve the right to charge interest based on the unpaid amount after the determined term period.

Job Collaterals

18. In the event, the client intends for us to provide any additional service pursuant to job collaterals, such as to store or to distribute the same before the job, we are entitled to consider this as additional service provided by us. As such, we shall be able to charge an additional service fee based on negotiable service rates.

19. We are not responsible for any loss or damage to any job collaterals that have been provided by the client to the ICs. You may reserve the right to take further legal action and/or criminal proceedings as you so choose against the individual IC.

Others

20. The client shall at all times indemnify and keep us indemnified against all action, liabilities, proceedings, claims, demands, costs and expenses (including legal costs on solicitor-client basis) in respect of or arising out of the service whether expressed pursuant to these terms and conditions or implied by any law for the time being in force or any other relation that may arise hereto.

21. Save as expressly provided for in these terms and conditions or any other agreement between us and the client, all client information is strictly confidential and shall only be used in connection of the service envisaged herein.

22. We reserve the right to amend or vary these terms and conditions from time to time at our absolute discretion.

23. The client may engage us to post their services required on the Site either by verbal or written communication. The client hereby accepts that we are acting as their agent to post the required services for them on the Site. It is the client’s responsibility to notify us if the job posting is not as per their specifications.

24. The client shall not assign or transfer any rights or benefits under this terms and conditions to any other party save with our express written consent.

25. The client hereby irrevocably consents and permits us and the IC to collect, access, process and utilise the client’s and the client’s personal data (including but not limited to medical report and records) for the purpose of and/or in connection with the service herein. We are committed to the protection of the client’s and client’s personal data and compliance of all applicable personal data protection laws and regulations in Malaysia. The provisions in relation to personal data as stated in the Privacy Policy shall be applicable herein.

26. If any provision under these terms and conditions is held invalid, unenforceable or illegal for any reason, the remaining of the provisions of the terms and conditions herein shall remain otherwise in full force apart from such provision which shall be deemed deleted.

27. These terms and conditions shall be subjected to and construed in accordance with the laws of Malaysia and parties hereby submit to the exclusive jurisdiction of the courts in Malaysia.

 

 

 

Privacy Policy

Last updated: 9th August 2018

 

Introduction

Cidekick Sdn. Bhd. (Company No. 1146405-D) (“Company”) respects the privacy of individuals with regard to personal data and is committed to protecting the privacy of its users, and strives to provide a safe, secure user experience. The Company places great importance and/or priority on data security and data protection. Protecting personal rights is integral to the Company’s corporate culture and built into the Company’s services and products. Hence, the Company continuously works to improve data security measures to protect you and your privacy.

This privacy policy is formulated in accordance with the Personal Data Protection Act 2010 (“Act“), which describes how your information is collected, used, processed and your choices with respect to your Personal Data (“this Policy”). The following discloses the Company’s information gathering and dissemination practices for the Website (“the Site”).

2. Collection of Information

2.1 “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, fax number, bank details, credit card details, race, gender, date of birth, marital status, resident status, email address, your occupation, the industry in which you work in, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms, personal photographs, personal videos and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs (“Personal Data”).

2.2 The provision of your Personal Data is voluntary. However if you do not provide the Company with your Personal Data, the Company will not be able to process your Personal Data for the Purposes and Additional Purposes outlined below.

2.3 If you are an agent, vendor, supplier, or independent contractor (“IC”), provision of your Personal Data is mandatory and failure to provide your Personal Data, may be a breach of laws or regulatory requirements, and may cause the Company to be unable to engage you to provide services or products or issue payments to you for products or services provided.

3. Purpose of Processing Personal Data

3.1 The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“Purpose”):-

3.2 If you are a Client for the services provided by the Company and/or such services envisaged under the Site:-

1. to perform the Company’s obligations in respect of any contract entered into with you;

2. to facilitate and/or provide you with any service you have requested as envisaged under the Site;

3. to perform our services to you;

4. to process your subscriptions or requests and to deliver and/or facilitate the services to you;

5. where you have requested to download and use the Site, to process your request, to deliver the Site to you and to provide you a license for the use of the Site;

6. to process your participation in any events, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions;

7. to process, manage or verify your application for subscription with the Company and to provide you the benefits offered to subscribers;

8. to validate your bookings and process payments relating to any products or services you have requested;

9. to process cancellations and/or refunds for the services that have not been rendered to you, where applicable, subject to other specific terms and conditions for the services;

10. to understand and analyses our sales as well as your needs and preferences to improve the Company’s services to you;

11. to develop, enhance and provide products and services to meet your needs;

12. to contact you for product or customer satisfaction surveys and market research; and

13. for all other purposes ancillary to any of the purposes stated above.

3.3 Where you are an agent, vendor, supplier, partner, contractor, IC:-

1. for the purposes of engaging you to provide services or products;

2. to facilitate or enable any checks as may be required by the Company in order to engage you;

3. to contact you in respect of job offers, job training and any additional works relating to the performance of a job;

4. to process payments relating to any products or services rendered by you; and

5. to monitor the services or products rendered by you; and

6. to contact you.

3.4 The Company may also use and process your Personal Data for some additional purposes (“Additional Purposes”):-

1. to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, suppliers, vendors, sponsors or advertisers;

2. to notify and invite you to events or activities organized by the Company, its partners, suppliers, vendors, sponsors or advertisers;

3. to process your registration to participate in or attend an event or activity and to communicate with you regarding your attendance at the event or activity;

4. to share your Personal Data amongst its subsidiaries, associate companies and jointly controlled entities as well as with its agent, vendor, supplier, partner, contractor or service provider who may communicate with you to market their products, services, events or promotions.

by way of post, telephone call, short message service (SMS), by hand and/or by email.

3.5 Other general purposes:-

1. to respond to questions, comments and feedback from you;

2. to communicate with you for any of the purposes listed in this Policy;

3. for internal administrative purposes, such as auditing, data analysis, database records;

4. for purposes of detection, prevention and prosecution of crime; and

5. for the Company to comply with its obligations under law;

4. Revocation of Consent

If you wish to revoke the consent that the Company has obtained from you for the Purposes or Additional Purposes stipulated herein, please notify the Company using the contact details stated below.

5. Use and Disclosure to Third Party

5.1 Your personal data may be transferred, accessed or disclosed to third parties for the Purposes and Additional Purposes listed above. You acknowledge that the IC shall perform the service to you and consequently the Company shall provide access or disclose your Personal Data to such IC and/or third parties. The third parties include, without limitation:

1. the ICs that are assigned by the Company to perform services to you;

2. the Company’s partners, which include parties with whom the Company collaborates with for certain services, products, events, programs and activities;

3. event management companies and event sponsors;

4. marketing research companies;

5. other service providers, including, information technology (IT) service providers for infrastructure, software and development work;

6. professional advisors and external auditors, including legal advisors, financial advisors and consultants;

7. other entities within the Company; and

8. governmental authorities to comply with statutory, regulatory and governmental requirements.

5.2 Your Personal Data may also be shared in connection with a corporate transaction, such as a sale of a subsidiary or a division, merger, consolidation, or asset sale, or in the unlikely event of winding-up.

6. Accessing, Limiting, Correcting and Updating Your Personal Data

6.1 Subject to any exceptions under applicable laws of Malaysia, you may request for access to and/or request correction of your Personal Data, request to limit the processing of your Personal Data for the Additional Purposes and/or make any inquiries regarding your Personal Data by contacting:

Cidekick Sdn Bhd

Unit No. AM-07

PJ Industrial Park

Jalan Kemajuan

Petaling Jaya

Selangor, Malaysia

[email protected]

6.2 Subject to any laws of Malaysia, the Company reserves the right to impose a fee for access of your Personal Data in the amounts as permitted therein.

6.3 In respect of your right to access and/or correct your Personal Data, the Company has the right to refuse the your requests to access and/or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is disproportionate to the risks to your or another person’s privacy.

7. Links to Third Party Website

The Site may occasionally contain links to third parties’ websites. Please note that Company is not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. If you provide information directly to such sites, the privacy policy and terms of service on those sites are applicable and the Company is not responsible for the information processing practices or privacy policies of such sites.

8. Retention of Personal Data

8.1 We will not retain your personal data longer than necessary for the fulfilment of the Purposes or Additional Purposes contained herein. However, relevant Personal Data may be retained subject to the conditions below:

1. as and when required under any applicable laws or legislation of Malaysia;

2. where legal actions have arisen and are pending; and

3. for commercial and/or operational purpose of the Company.

8.2 The Company shall take all reasonable steps to ensure that all Personal Data is destroyed or permanently deleted when no longer required for the Purpose and Additional Purpose.

9. Personal Data from Minor or Other Individuals

9.1 As a parent or legal guardian, please do not allow the minor (individuals under 18 (eighteen) years of age) under your care to submit Personal Data to the Company. In the event that such Personal Data is provided to the Company, you hereby consent to the processing of the minor’s Personal Data and personally accept and agree to be bound by this Policy and take responsibility for his or her actions.

9.2 In some circumstances you may have provided personal data relating to other individuals (such as your spouse, family members or friends) and in such circumstances you represent and warrant that you are authorized to provide their personal data to the Company and that you have obtained their consent for their personal data be processed and used in the manner as set forth in this Policy.

10. Acknowledgment and Consent

10.1 By communicating with the Company, using the Company’s services, purchasing products from the Company or by virtue of your engagement with the Company, you acknowledge that you have read and understood this Policy and agree and consent to the use, processing and transfer of your Personal Data by the Company as described in this Policy.

10.2 The Company shall have the right to modify, update or amend the terms of this Policy at any time by placing the updated version of this Policy on the Site. By continuing to communicate with the Company by continuing to use the Site, the Company’s services, purchasing products from the Company or by your continued engagement with the Company following the modifications, updates or amendments to this Policy, such actions shall signify your acceptance of such modifications, updates or amendments.

11. Confidentiality

11.1 Personal Data held by us will be kept confidential in accordance with this Policy pursuant to any applicable law that may from time to time be in force.

11.2 Any questions, comments, suggestions or information other than Personal Data sent or posted to this Site or any part of the this Site by users will be deemed voluntarily provided to us on a non-confidential and non-proprietary basis. We shall reserve the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely.

12. Security

12.1 This Site and/or the site has security measures in place to protect the loss, misuse and alteration of the information under the Company’s control. When a user is asked to provide his/her credit card information, the Company take reasonable and necessary steps to provide a secure environment for this purpose.

12.2 For the internet, unfortunately, no data transmission over the internet can be guaranteed as completely secure. So while the Company strives to protect such Personal Data, the Company cannot ensure or warrant the security of any Personal Data transmitted to the Company and individuals do so at their own risk. Once any Personal Data comes into the Company’s possession, the Company will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.

12.3 A username and password may be essential for you to use some sections of this Site. For your own protection, we require you to keep these confidential and to change your password regularly (if required).