Terms & Conditions

TERMS & CONDITIONS FOR CLIENT ACCOUNTS

Last Updated 12/03/2023

1. CONTRACTUAL RELATIONSHIP/GENERAL TERMS

Aiki is a cloud-based platform for connecting professional service providers to clients; it connects clients seeking the services of professionals (‘‘Vendor’’) in various works of life ranging from artisans to skilled professionals. The Aiki platform works by creating a convenient platform for clients who are registered users to book and negotiate with professionals to render specified services as agreed by both parties. The Private Limited company Aiki Marketplace, Inc hereinafter referred to as (‘‘Aiki’’) is a private Company duly incorporated in accordance with the provisions of the Companies and Allied Matters Act (‘CAMA’) 1990. Aiki is the holder of rights and service provider of the Aiki platform.

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by the Aiki platform. These Terms and Conditions represent the whole agreement and understanding between Aiki, Vendors, and Clients that sign up to use the platform as specified under clause 3 of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. By signing up to the Aiki platform as a Client seeking the services of a Vendor, you agree to comply with all the terms and conditions set out in this Agreement. Aiki may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Aiki believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. Aiki may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all users upon posting of the modified Agreement.

2. DEFINITIONS

Aiki means Aiki Marketplace, Inc, a Private Limited Liability Company duly registered under the Laws of the Federal Republic of Nigeria and is the holder of rights of Aiki mobile Application.

Aiki refers to the mobile application which serves as the platform for linking service providers to clients. Aiki is not a legal entity as all rights and claims against it are to the holder of rights (Aiki).

Aiki Services means the services available on the Aiki platform for both clients and Vendor’s. This also includes maintenance of the platform and the mobile application.

Aiki platform in the meaning of these General terms, Aiki platform refers to the Client app which is used to request the services of a Vendor. Client means a person requesting services of a Vendor on the Aiki platform. Commission means the percentage fee paid to Aiki Marketplace, Inc by Vendor’s from the money received from Clients.

General Terms means the terms and conditions provided in this document. Agreement means any agreement between you and Aiki for the use of the Aiki platform. The agreement consists of these General terms, Privacy Policy and other additional terms and conditions or documents referred to herein or agreed to in the future between you and Aiki.

Electronic Payment means a payment made by the client via the Aiki platform for the services rendered to him/her by a Vendor. The In-App payment may be by using bank/credit cards, business mobile carrier payment or any other electronic payment method enabled by Aiki.

Vendor means a professional who signs up on the Aiki platform and makes his services available to clients.

Services refers to a service a Vendor on the Aiki platform is providing to the client.

Service Vendorviders means anyone or persons who sign up on the Aiki platform as a Vendor and accept requests to render services to clients. Service providers are also called Vendor’s.

3. REGISTRATION AND USE OF THE AIKI PLATFORM

Users (Clients) Account

The use of the Aiki platform requires installation of the mobile application and registration of a user (client) account. During the installation of the app, the mobile number of the Aiki service user is linked to the respective user account and added to the database.

By Registering on the Aiki platform, the user shall accept the following conditions;

Aiki shall have the right to add personal data of the app user to the Aiki data base and to forward the personal data to a Vendor in accordance with Aiki privacy policy.
Aiki shall have a right to make unilateral amendments to the Terms and Conditions and Privacy Policy and to relinquish the database to third parties. We may notify users of changes to Terms and Conditions and Privacy Policy.
Aiki shall be entitled to forward personal data and bank data to credit card and mobile payment intermediaries.
Aiki has the right to send marketing messages and authentication codes through SMS messages.
Aiki only encourages the use of electronic payments in the app using a debit card or a credit card. Aiki bears no liability on damages that may occur outside the outlined acceptable payment methods or the mis-use of the electronic payment method.

4. OBLIGATIONS OF THE USER

Obligation of client

The Client hereby guarantees that he/she shall use the Aiki platform in accordance with the provisions of this agreement and for the sole purpose of seeking out professional services for a specific need of the client.
The client is to use the Aiki platform in good faith and are to be respectful of the Vendor who renders services.
The Client shall pay the Vendor a fee for services rendered to him as agreed between the client and Vendor before the service was rendered.

5. RECEIPTS

The client shall receive electronic receipts via email for services received from the service providers. The receipt shall state the service received and the amount paid by the client. Any dispute in payment as a result of job performance or quality shall be resolved between the Vendor and Client.

6. PRICING

The price to be paid by a Client to a Vendor shall be determined by both parties. The Client and Vendor are at liberty to negotiate on an amount which is mutually agreeable by both parties. Aiki is not a party to their agreement and does not fix prices for any service available on its platform. However, the prices are to be reasonably fair and to be determined with prevailing market prices for similar services.

7. PAYMENT METHODS

Electronic Payment

Aiki allows the clients to pay for the Service using their bank issued debit/credit card directly in the app. Aiki will act as the limited commercial agent solely for the purpose of collecting, on the Vendor’s behalf, the fees, applicable taxes or other fees paid by the Client via electronic Payment.

8. RELATIONSHIP BETWEEN AIKI, VENDORS AND CLIENTS

You hereby acknowledge that by providing Services to the Clients, you and the Client are bound by a service contract, to which Aiki is not a party.
You hereby acknowledge and agree that Aiki merely provides the platform and Aiki does not provide any of the services listed on its platform. By providing the Aiki platform, Aiki acts as facilitators of services between the service pro and Client. Aiki may also act as your commercial agent by collecting and forwarding the payments made by Clients for the Services via the In-app Payment.
The Vendor and Aiki hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Aiki. The parties also agree that no joint venture or partnership exists between you and Aiki. You may not act as an employee, agent or representative of Aiki or nor bind them to any contract.
If due to the implication of mandatory laws or otherwise, you are deemed as an employee of Aiki, you hereby agree to indemnify, defend and hold Aiki harmless from and against any claims by any person, entity, regulator or governmental authority based on such implied employment relationship.

9. LIMITATION OF LIABILITY

Aiki shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, regardless of the negligence (either active, affirmative, sole, or concurrent) of Aiki, even if Aiki has been advised of the possibility of such damages.

Aiki shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any a registered pro, even if Aiki has been advised of the possibility of such damages. Aiki shall not be liable for delay or failure in performance resulting from causes beyond Aiki’s reasonable control. You acknowledge that pros providing services on the platform SHALL be responsible for any damage, liability, loss or misrepresentation of any material fact.

The Aiki platform may be used by you to request and schedule appointments with the pros, but you agree that Aiki has no responsibility or liability to you related to any breach, damage or non-performance by third party service providers other than as expressly set forth in these terms.

10. INDEMNITY

You agree to indemnify and hold Aiki and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: your use of the services on the Aiki platform or in connection with your dealing with a client in relation to the services you rendered to him/her.

11. DISCLAIMER

The services are provided "as is" and "as available." Aiki disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Aiki makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services requested through the Aiki platform, or that the services will be uninterrupted or error-free. Aiki does not guarantee the quality, suitability, safety or ability of Vendors. You agree that the entire risk arising out of your use of the services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

12. GOVERNING LAW AND DISPUTE RESOLUTION

The rights and obligations of the parties pursuant to this Agreement are governed by and shall be construed in accordance with, the laws of the province of the Federal Republic of Nigeria.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Federal Republic of Nigeria for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings about any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Dispute Resolution

The Parties hereby undertake to use their reasonable endeavours to amicably resolve any dispute, controversy or claim arising out of or in relation to or in connection with this Agreement and the activities carried out hereunder, including without limitation, any dispute as to the construction, validity, interpretation, enforceability or breach of this Agreement or misunderstanding that may arise between them in relation to the terms of the Agreement.

In relation to any dispute arising out of or in connection with this Agreement, which has not been resolved within thirty (30) calendar days of holding consultation in accordance with this Agreement, each of the Parties hereto hereby irrevocably and unconditionally agree to submit such dispute to arbitration governed by the Arbitration and Conciliation Act (Cap A18 of the Laws of Federal Republic of Nigeria 2004).

The number of arbitrator(s) shall be one. The arbitrator shall be appointed by the Chief Judge of the High Court Lagos State, Nigeria and the cost of the arbitration shall be borne by all the Parties in equal proportions.

The place of arbitration shall be in Lagos State, Nigeria and the language of proceedings shall be in English. Parties agree that they shall be bound by the outcome of the arbitration.

13. NOTICE

Any notices (which term shall include any other communication) required to be given under this Agreement or in connection with the matters contemplated by it shall, except where otherwise specifically provided, be in writing in the English language.

All Notices shall be sent to the Registered office address of Aiki Marketplace, Inc located at Plot 34, Adebisi Oguniyi Crescent, Lekki 1, Lagos State, Nigeria

TERMS & CONDITIONS FOR SERVICE PROVIDER (PRO) ACCOUNTS

Last Updated 13/03/2023

1. CONTRACTUAL RELATIONSHIP/GENERAL TERMS

Aiki is a cloud-based platform for connecting professional service providers to clients seeking the services of professionals (‘‘Service Vendorviders’’) in various works of life ranging from artisans to skilled professionals. The Aiki platform works by creating a convenient platform for clients who are registered users to book and negotiate with professionals to render specified services as agreed by both parties. The Private Limited company Aiki Marketplace, Inc hereinafter referred to as (‘‘Aiki’’) is a private Company duly incorporated in accordance with the provisions of the Companies and Allied Matters Act (‘CAMA’) 1990. Aiki is the holder of rights and service provider of the Aiki platform.

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by the Aiki platform. These Terms and Conditions represent the whole agreement and understanding between Aiki, Vendors and Clients that sign up to use the platform as specified under clause 3 of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. By signing up to the Aiki platform as a professional (Vendor) seeking out clients, you agree to comply with all the terms and conditions set out in this Agreement. Aiki may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Aiki believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

Aiki may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all users upon posting of the modified Agreement.

2. DEFINITIONS

Aiki means Aiki Marketplace, Inc, a Private Limited Liability Company duly registered under the Laws of the Federal Republic of Nigeria and is the holder of rights of Aiki platform.

Vendor means a professional who signs up on the Aiki platform and makes his services available to clients.

Client means a person requesting services of a Vendor on the Aiki platform. Services refers to a service a Vendor on the Aiki platform is providing to the client.

Aiki Services means the services available on the Aiki platform for both clients and Vendor’s. This also includes maintenance of the platform and the mobile application.

Aiki Platform in the meaning of these General terms, refers to the cloud based system set up by Aiki which is used by clients to request services and accept requests from clients seeking out the services of a Vendor.

Electronic Payment means a payment made by the client via the Aiki platform for the services rendered to him/her by a Vendor. The electronic payment may be by using bank debit/credit cards, business mobile carrier payment or any other electronic payment method enabled by Aiki.

Commission means the percentage fee paid to Aiki Marketplace, Inc by Service providers from the money received from Clients. The commission fee is deducted before final payment is made to the service provider by Aiki.

Service Vendorviders means anyone or persons who sign up on the Aiki platform as a Vendor and accept requests to render services to clients. Service providers are also called Vendor’s.

3. SCOPE OF SERVICES

The Aiki platform operates as a consumer to Consumer business. It is a platform where Vendor’s register their accounts for the purpose of being located by a client requiring the services they offer. The Aiki Platform welcomes a variety of Service providers in the formal and informal sector including artisans. These include artists, estate agents, Lawyers, mechanics, tutors, tailors, technicians, stylists etc. The Platform works by using a complex algorithm to search for registered service providers on the platform that have been searched out by clients seeking the specific service searched on the Application.

The Platform makes use of the geo location of the service provider and the ratings review to link the Client with the closest Service provider with the highest rating for possible transaction between them.

4. REGISTRATION/USE OF THE AIKI PLATFORM

The use of the Aiki platform requires the Vendor’s and Clients to download the mobile App on their devices and signup to create an account. By completing this step, the Aiki platform gives you access to your account. Once this step is complete the Vendor and client can go ahead to make and receive requests for professional service and other related services available on the application.

Service Vendorvider (“PRO”) Account Prior to using the Aiki platform, you must sign up with Aiki by providing the requested information in the signup application and uploading necessary documentation (where necessary) as required by Aiki on the App. Upon successful completion of the signup, Aiki will provide you with a personal account accessible via the user name and password that you have chosen. By clicking the ‘‘Sign up" button, you represent and warrant that:
- According to law you have the contractual capacity to enter into an agreement with Aiki to use the App for providing the services which you have held yourself out to be a professional.
- You have carefully studied, fully understand and agreed to be bound by the terms contained in this agreement including your obligations set out in schedule 5 of these terms.
- All the information you have presented to Aiki is accurate, correct and complete.
- Your account will be used solely by you, you shall not authorise any other person to use your account or transfer or assign it to another person.
- You will not use the Aiki platform for unauthorised and illegal purpose. i.e trading in illicit drug, prostitution, fraud or any other act that will impair the operation of the App.
- You will not copy or distribute any information or other content found on the Aiki platform without prior written permission from Aiki.
- You will always keep your Aiki account accurate and profile information updated.
- At all times you will comply fully with the laws and regulations applicable in the State you’re providing ‘‘services’’ including but not limited to laws regulating the industry within your service category.
- You are neither an employee nor an agent of Aiki.
- You fully agree with the privacy policy of Aiki provided on the website.

5. RENDERING PROFESSIONAL SERVICES

Obligations of PRO’s (SERVICE PROVIDERS)
- You hereby guarantee to provide Vendorfessional Services in accordance with this Agreement as well as laws and regulations applicable in the State where you are providing such professional Services. Please note that you are fully liable for any violation of any local or international laws and regulations as may arise from providing such Services.
- It is the sole responsibility of a pro who registers as a service provider to acquire all required licenses, permits, approvals etc that is necessary to carry out such services. Aiki is not responsible and will not be held liable for any failure in this regard.
- The pro agrees that he/she is obliged to show proof of any professional qualification required to perform such services under its registered category, in the case of artisans, it shall be the responsibility of a pro to show proof of previous jobs done. Aiki shall not be responsible to verify or authenticate such certificate or proof of past jobs. Aiki shall not be liable for any negligence, misrepresentation or non-performance by a pro.
- You shall render the required service to a client with good faith and at the equivalent of the prevalent market price for that service.
- The Vendor shall render quality professional services to a client in line with the prevailing industry standards. Aiki bares no liability and does not guarantee the quality of service offered by the Vendor on its platform.
- You hereby guarantee that you shall not use the Aiki platform for any illegal and unlawful purpose. To wit, drug trafficking, selling of narcotics, fraud, arms dealing or any illegal business or activity. You shall be fully liable for any criminal act or omission that may arise in the event were the platform is used for illegal activities.

Pricing

Receipts

The Aiki Platform will automatically generate a receipt upon the confirmation of Job completion by both the service provider and customer. The receipt shall state the service rendered and the amount paid by the client. It is the responsibility of the service provider to ensure the client confirms the job is completed via the client app.

Tax Obligation for PRO’s

You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Services, including (if applicable) acquiring a valid Value Added Tax (VAT) number; paying income tax, social security tax or any other tax applicable; and fulfilling all tax registration obligations and calculating and remitting all tax liabilities related to your provision of Services as required by the applicable law. Additionally, it is your obligation to provide Aiki with all relevant tax information, including (among else) your VAT number. Please note that Aiki may in its reasonable discretion and based on applicable tax law, collect and remit taxes resulting from your provision of Services and/or provide any of the relevant tax information directly to the applicable governmental tax authorities on your behalf.

6. PAYMENT METHODS

Electronic Payment
- Aiki allows the clients to pay for the Service via bank card stored directly in the app (i.e. electronic Payment), or via a Paystack link generated for the service. You hereby authorise Aiki to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the fees, applicable taxes or other fees paid by the Client via electronic Payment on the platform. You additionally agree that any payments made by the Client via the electronic Payment on the platform shall be considered the same as payments made directly to you after the necessary deductions for commission and taxes where applicable.
- You may not refuse payment by the Client via the electronic payment available in the app or influence the Client against the use of this payment method. In case you refuse to accept an electronic payment through the platform without just cause, Aiki shall be entitled to charge you a contractual penalty in the amount of ₦50,000 for every refusal and/or block your right to use the Aiki Platform in case of repetitive behaviour.
- Aiki will regularly transfer the undisputed amounts earned for all services performed that is collected via electronic payments, which have been credited to Aiki’s bank account in the preceding week, directly to your bank account provided in your account setup
- You hereby warrant that you understand that electronic Payment through the platform does not supersede the requirements established by the laws and regulations guiding electronic and offline payments in the state or region of jurisdiction.
- You hereby agree that it is your responsibility to ensure the client accepts a job has been satisfactorily completed and confirms the same in the app.

7. COMMISSIONS TO AIKI

Aiki shall charge a commission fee on all services rendered by the service providers on the platform. The fee shall be a fixed percentage fee of 15 % of the value of all transactions before VAT deductions.

8. RATINGS

In order to guarantee high-quality service via the application provided by Aiki and provide additional reassurance to our Clients, you hereby acknowledge that the Client may provide you a rating and leave feedback regarding the quality of the Services that you have provided. Your average rating will be linked to your Aiki account and available to Customers within your geo location when requesting for Services within your service category. The Customer is obliged to provide the ratings and comments in good faith, and if we, in our discretion, find a rating or comment to not be in good faith, we may remove it.

9. USE OF PERSONAL DATA AND GEO LOCATION OF PRO’S

Aiki collects your personal data such as name, address, telephone number, e-mail address, and location-based information in order to enable the intended functioning of the Aiki platform and provide you and our Clients Aiki Services. We may also request you to provide certifications (where necessary), criminal or other necessary records, in order to identify whether you have qualifications for pursuing this professional activity and safeguarding the contractual relations associated with the Aiki Services. We disclose your personal data to other third parties only for the purposes of providing Aiki Services.

You may always request to see, update or remove your personal data. However, please note that if you request to remove your personal data, Aiki may have to terminate your right to provide Services.

Transmitting Geo Location and other Information to Clients In order to provide Aiki Services, we collect your geo-location information while you are on the Aiki platform. This means that we monitor and track your geo-location and may share your current location via the Aiki application to the Client in order to provide them the Aiki Services. Additionally, we will provide Clients your name, telephone number to enable pro and client to communicate and agree on the terms on which the pro will perform and the price to be paid by the Client to the pro.

10. RELATIONSHIP BETWEEN AIKI, PRO’S AND CLIENTS

You hereby acknowledge that by providing Services to the Clients, you and the Client are bound by a service contract, to which Aiki is not a party.

You hereby acknowledge and agree that Aiki merely provides the platform and Aiki does not provide any of the services listed on its platform. By providing the Aiki platform, Aiki act as facilitators of services between the service pro and Client. Aiki may also act as your commercial agent by collecting and forwarding the payments made by Clients for the Services via electronic payments made in the app.

The Vendor and Aiki hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Aiki. The parties also agree that no joint venture or partnership exists between you and Aiki. You may not act as an employee, agent or representative of Aiki or nor bind them to any contract.

If due to the implication of mandatory laws or otherwise, you are deemed as an employee of Aiki, you hereby agree to indemnify, defend and hold Aiki harmless from and against any claims by any person, entity, regulator or governmental authority based on such implied employment relationship.

11. LIMITATION OF LIABILITY

Aiki shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any a registered pro or client, even if Aiki has been advised of the possibility of such damages. Aiki shall not be liable for delay or failure in performance resulting from causes beyond Aiki’s reasonable control. You acknowledge that Vendors providing services on the platform SHALL be responsible for any damage, liability, loss or misrepresentation of any material fact.

The Aiki platform may be used by you to request and schedule appointments between service providers and clients, but you agree that Aiki has no responsibility or liability to you related to any breach, damage or non-performance by third party service providers other than as expressly set forth in these terms.

12. INDEMNITY

13. DISCLAIMER

The services are provided "as is" and "as available." Aiki disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Aiki makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services requested through the Aiki platform, or that the services will be uninterrupted or error-free. Aiki does not guarantee the quality, suitability, safety or ability of Vendor’s. You agree that the entire risk arising out of your use of the services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

14. GOVERNING LAW AND DISPUTE RESOLUTION

The rights and obligations of the parties pursuant to this Agreement are governed by and shall be construed in accordance with, the laws of the Federal Republic of Nigeria.

Dispute Resolution

The place of arbitration shall be in Lagos State, Nigeria and the language of proceedings shall be in English. Parties agree that they shall be bound by the outcome of the arbitration.

15. NOTICE

All Notices shall be sent to the Registered office address of Aiki Marketplace, Inc located at Plot 34, Adebisi Ogunniyi Crescent, Lekki 1, Lagos State, Nigeria