Website Terms and Conditions
About our Terms
These Terms apply to your use of the Kantan website, or mobile or desktop application (all referred to in these Terms as the "Kantan Platform").
You should read these Terms carefully before downloading, registering or using the Kantan Platform.
By downloading, accessing or using the Kantan Platform or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
If you do not agree with or accept any of these Terms, you should stop using the Kantan Platform immediately.
We recommend that you save / print a copy of these Terms for future reference.
means individuals and/or businesses seeking to engage a Trader to fulfil a Job (and are therefore potential clients of Traders);
means any and all information, data, materials, or other content, that is/are provided or made available on the Kantan Platform (excluding User Content);
jobs that are required to be fulfilled by a Client (and may be for the benefit of the Client's end customer);
has the meaning given to it in clause 1.1;
means work that is not required to be fulfilled by a Client, which a Trader has otherwise obtained and seeks to manage through the Kantan Platform;
Sensitive Personal Data
means data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation;
means these terms and conditions of use as updated from time to time under clause 14;
users of the Kantan Platform who are seeking to perform Jobs;
has the meaning given to it in clause 8.2;
means any content posted, published, submitted or displayed by a Trader or Client through any interactive features of the Kantan Platform;
means Kantan Ltd incorporated and registered in England and Wales with company number 11681210 whose registered office is at 140 - 142 Kensington Church Street, London, United Kingdom, W8 4BN (and us or our shall have the same meaning). References to we, our and us in these Terms also includes our group companies from time to time; and
means the person accessing or using the Kantan Platform or its Content, including as a Trader or Client (and "your” shall be construed accordingly).
The Kantan Platform is an app-based platform which connects:
Clients who are seeking tradespeople to undertake Jobs; to
Traders, who may be able to fulfil those Jobs.
Before accepting a Job on the Kantan Platform, the Trader is required to have a services agreement in place with the Client. This services agreement governs, as between the Trader and the Client, the terms and conditions upon which the Trader will fulfil the Job for, or on behalf of, the Client ("Services Agreement”). When the Trader accepts a Job via the Kantan Platform, the Trader and Client agree that the Job shall be performed in accordance with the relevant Services Agreement. For the avoidance of doubt, Kantan is not a party to any Services Agreement.
If you are a Client, your use of the Kantan Platform to engage a Trader will be governed by any contract that you enter into with us, which may include these Terms. In the event of any conflict between these Terms and any contract you have with us, the terms of such contract will prevail. You are responsible for ensuring that the provisions of any Services Agreement will not conflict with any contract that you enter into with us.
A Trader may also seek to manage Private Jobs using the Kantan Platform. Any Private Job shall be performed by the Trader in accordance with the terms or requirements agreed between the Trader and the customer requesting the Private Job.
Kantan's role is limited to enabling Clients and Trader to source and accept Jobs via the Kantan Platform. In no circumstances will Kantan:
be a party to any contracts for Jobs;
be responsible for the competence, qualifications or any of the actions or omissions of a Trader;
be required to supervise, scope, direct, control or monitor a Trader's work. Clients and Traders hereby acknowledge and agree that Kantan expressly disclaims (to the extent permitted by law) any responsibility and liability for the work performed in any manner, including but not limited to a warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, statute, ordinance, regulation, or code;
be responsible for invoicing Clients for Jobs that have been performed by a Trader;
be required to facilitate payment to Traders for, or on behalf of, a Client;
be responsible for the suitability, reliability, timeliness, or accuracy of Job postings placed on the Kantan Platform;
be responsible for any communication between a Trader and a Client, or dispute arising out of performance (or non-performance) of a Job;
control or direct a Trader's performance of their services or set their work locations or work hours (and any scheduling services provided by the Kantan Platform is for suggested purposes only and Traders are free to set their own schedules);
provide tools or supplies to perform the services; or
be deemed an employment agency service or business or an employer or employee of any Trader.
Traders acknowledge and confirm that they:
are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs;
are free to maintain a clientele without any restrictions from Kantan;
are free to offer and provide their services elsewhere, including through competing platforms;
are free to accept or reject Clients and Jobs at their absolute discretion; and
will not be penalised by Kantan for rejecting Clients or Jobs, though if a Trader accepts a Client or contract through the Kantan Platform, they are expected to fulfill their contractual obligations (under the Services Agreement in place with the Client).
In no circumstances do these Terms or acceptance of any Jobs on the Kantan Platform create an employment or other service relationship between Kantan and the Trader, nor will it create an employment relationship between the Client and the Trader.
Acceptable Use Policy
You agree that you are solely responsible for:
all costs and expenses you may incur in relation to your use of the Kantan Platform;
if you are a Client, the suitability, reliability, timeliness, or accuracy of the Jobs requested via the Kantan Platform;
if you are a Trader, your acts and omissions in the course of fulfilling a Job; and
keeping your username, password and other account details confidential.
You agree that you will not disclose your username, password, or any other details used as part of the Kantan Platform's security procedures to any other individual or entity, and you agree to notify us immediately in the case of any breach of security, including any unauthorized use of your username or password.
The Kantan Platform is intended for use only by those who can access it from within the UK. If you choose to access the Kantan Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
We may prevent or suspend your access to the Kantan Platform if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
All Traders represent and warrant that:
You have the right, authority and capacity to enter into and abide by these Terms;
You have a Services Agreement in place with the relevant Client which governs the terms and condition on which you will fulfil that Job;
You will respect the privacy and confidentiality (including without limitation private, family and home life), property, and data protection rights of the Client and the Client's end customers and will not record details relating to any Job or any interaction by or with any Client's end customer outside of the Kantan Platform;
You will honour your commitments to Clients, including fulfilling all Jobs as agreed upon with your Client; and providing timely, high-quality services to your Client; and
You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable law.
Prohibited Use of the Kantan Platform
You may not use the Kantan Platform:
in any way that violates any applicable laws;
in any way that violates the provisions of clause 8 of these Terms;
in any way that violates Kantan's, or any third party's, intellectual property rights;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
to impersonate or attempt to impersonate any other user or entity; and/or
to engage in any other conduct that adversely affects or interferes with any other user's use of the Kantan Platform, or which may harm Kantan or users of the Kantan Platform, or expose them to liability.
You shall not: (a) misuse the Kantan Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (b) attempt to gain unauthorised access to the Kantan Platform; or (c) otherwise attempt to influence or interfere with the functionality of the Kantan Platform.
App Updates and Upgrades
Your privacy and personal information
The Kantan Platform and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
Nothing in these Terms grants you any legal rights in the Kantan Platform other than as necessary to enable you to access the Kantan Platform. You agree not to adjust, to try to circumvent, or to delete any notices contained on the Kantan Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Kantan Platform.
Submitting information to the Kantan Platform
By uploading, posting, sharing or submitting any User Content to the Kantan Platform, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, change, copy, process, reproduce, transfer, distribute and publish such User Content as we deem reasonably necessary in connection with our business (such as in order to promote Kantan's or any affiliate company's products and services) and to fulfil our contractual relationship with you.
While we try to make sure that the Kantan Platform is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, please do not submit to the Kantan Platform any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, Sensitive Personal Data, or any other information that you regard as confidential, sensitive (whether commercially or otherwise) or valuable ("Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions.
Should you submit to the Kantan Platform any Unwanted Submissions in contravention of clause 8.1, as we will have no way of knowing if such Unwanted Submissions are confidential, sensitive or valuable, we may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis in accordance with the licence granted to us in clause 8.1.
Accuracy of information and availability of the Kantan Platform
While we try to make sure that the Kantan Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Kantan Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Kantan Platform is at your own risk.
We may suspend or terminate operation of the Kantan Platform at any time as we see fit.
Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we try to make sure that the Kantan Platform is available for your use, we do not promise that the Kantan Platform is available at all times nor do we promise the uninterrupted use by you of the Kantan Platform.
Disclaimer of Warranties
The Kantan Platform, the content, job postings and the technology of the Kantan Platform are provided on an "as is, as available” basis. To the fullest extent permitted by law, we expressly disclaim all warranties, including the warranties of satisfactory quality, fitness for a particular purpose and non-infringement. We disclaim all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of, or in any way related to: (a) any errors in or omissions on the Kantan Platform, the content, and job postings including, but not limited to, technical inaccuracies, errors, mistakes or inaccuracies in job postings, typographical errors; (b) third party communications; (c) the unavailability of the Kantan Platform, the content, job postings, or any portion thereof; (d) your use of the Kantan Platform, the content or the postings; or (e) your use of any equipment or software in connection with the Kantan Platform, the content or postings.
Without limiting the foregoing, Kantan does not warrant that access to the Kantan Platform will be uninterrupted or that the Kantan Platform will be error-free; nor does Kantan provide any warranty as to the results that may be obtained from the use of the Kantan Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Job, service, information or materials provided through or in connection with the use of the Kantan Platform.
Kantan does not warrant that the Kantan Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.
The above clauses do not apply in respect of any warranty that cannot be limited or excluded under applicable law.
Limitation of liability
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) your use of, or inability to use, the Kantan Platform; or (b) your use of or reliance on any content displayed on the Kantan Platform.
In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. For instance we do not exclude liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
Changes to these Terms or the Kantan Platform
We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Kantan Platform and by continuing to use and access the Kantan Platform following such changes, you agree to be bound by any variation made by us. Each time you wish to use the Kantan Platform, please check these Terms to ensure you understand the terms that apply at that time. We may also update and change the Kantan Platform from time to time to reflect changes to our products, our users' requirements or our business plans. We will try to give you reasonable notice of any major changes.
We may introduce charges for use of the Kantan Platform, or particular features of it, in future, and we will ensure that we provide you with reasonable notice and information around this.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms.
Deactivation and Suspension
Kantan may suspend your right to use the Kantan Platform pending its investigation of a potential breach by you of these Terms. Kantan may deactivate your account or limit your use of the Kantan Platform upon its determination that you breached a provision of these Terms.
These Terms and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, its subject matter or formation (including non-contractual disputes or claims).