General informationAbout
By using Health Kicc you agree to these terms. These are Health Kicc’s terms of use, and they apply to all users of the Health Kicc platform. "We", "our" or "us" refers to Health Kicc and our subsidiaries. "Health Kicc" refers to this platform and the services offered by us.
By using Health Kicc you agree to these terms and to the other we post on our
website. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookies Policy. We can collect and use your information in accordance with those policies.
Age restrictions
When you create an account you must provide us with accurate information.
To create an account you must be at least 18 years old. To join a creator's membership as a customer, or provide a membership as a creator, you must be at least 18 years old or have your guardian’s/parent's permission.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.
Responsibility
You are responsible for all activity on your account. If you violate our policies we may terminate your account.
Don't do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on Health Kicc, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform.
You can find more detailed information in the Security Policy which cover most issues, but if you find a new and creative way to hurt Health Kicc or our community we may take action to prevent it.
Creator Accounts
Definition of Creator
A creator is someone who offers membership to customers on Health Kicc (“a Creator”). There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are a creator.
Membership
To become a Creator simply launch your page to start your membership. Memberships are for your most passionate fans. You’re inviting them to be part of something exciting that gives them unique benefits they want, like additional access, personalised coaching plans, exclusivity, and engaging experiences. In exchange, customers pay on a subscription basis.
Payments
As a Creator you make your membership available on Health Kicc, and we provide membership to your customers on a subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes.
We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies, investigating complaints or for compliance reasons. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us using contact form on the website. In order to protect creators, we may block customers’ payments if we believe them to be fraudulent.
Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we may recover those funds from future payments.
Payments will be released to the creators on the first and third Sunday of the month.
Fees
As a creator you are charged a platform fee for your Creator membership on Health Kicc (the “Creator Fee”). The Creator Fee is 20% (twenty percent) of your monthly income via Health Kicc unless stated otherwise.
Depending on your customers' locations, some banks may charge your customer a foreign transaction fee for their membership subscription. Health Kicc does not control this charge, but it is typically around 3%.
Restrictions
We don't allow creations and benefits that violates any of our policies or causes harm to any user. We have total discretion on the content which can be uploaded and can remove without warning or reason. We will not allow:
• Illegal creations or benefits.
• Creations or benefits that are abusive towards other people.
• Creations or benefits that use others' intellectual property, unless you have written permission to use it, or your use is protected by fair use.
• Creations or benefits with real people engaging in sexual acts.
• Benefits that involve raffles or prizes based on chance.
• links to other websites or social media sites.
• Taking business from Health Kicc to take outside of the site and use on other sites and personal platforms
If your followers/subscribers include people under the age of 18, then please remind them that they need permission to join your membership. We are not required to allow any particular person or group of persons to be your customer.
As a creator you are also responsible for keeping customer data safe and ensuring all data is processed in a legal and compliant manner. You warrant to use that you will comply with these terms. An account is tied to your creative output and cannot be sold or transferred for use by another creator.
Customers
To become a customer simply create an account, add your preferred payment method and join a creator's membership!
There are two types of membership subscriptions. One is a monthly subscription where you pay per month. The other is one off payments where you pay for individual posts, events and appointments.
The timing and amount of each membership subscription depends on the creator you support. You can see the details as you join and in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history.
You may cancel your membership subscription at any time. We may grant refunds at our sole discretion.
To become a customer simply create an account, add your preferred payment method and join a creator's membership.
In certain situations you may lose access to a creator's customer- only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a customer of any particular creator.
Creators' memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep Health Kicc safe.
If you are located in the Uk or the EU, then VAT is added to the total charge. This is shown when you set up the initial membership subscription.
Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Health Kicc does not control this charge, but it is typically around 3%. Please contact your bank for more information.
Health Kicc’s role
We proactively look at some pages and posts on Health Kicc and review reported pages to identify potential violations of our guidelines.
These investigations may take a while to resolve and may include looking at what is supported by funds received through Health Kicc.
In most situations we will work with creators to resolve any potential violations and allow the creator to continue using Health Kicc. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
Please let us know if you see potential violations by other users or creators.
As a global company we must comply with economic sanctions and trade restrictions. This means that Health Kicc cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by relevant agencies. We are constantly testing out new features with the goal of making Health Kicc better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.
With your permission, we may give other websites or services the ability to verify information about your Health Kicc account or perform actions on your behalf. This permission is asked for when you connect your Health Kicc account to these other websites or services. You can learn more in our Privacy Policy.
Account deletion
You can delete your account. We can disable your account at our discretion.
You can permanently delete your account at any time by contacting us.
We can terminate or suspend your account, without notice and without justification, at any time, at our discretion.
We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion.
We exclude all liability in relation to any suspension of any subscription or account, whether it is your account or a third party’s account.
You may not bring a claim against us for suspending or terminating any account, and you agree you will not bring such a claim.
If you try to bring such a claim, you agree to indemnify us for the damages we incur, including legal and other professional fees and costs.
These terms remain in effect even if you no longer have an account.
Intellectual property
Your creations
You, as a creator, retain full ownership of all intellectual property rights in and to the content you upload, post, or otherwise make available on or through the Health Kicc (the "Content").
License to Health Kicc
By uploading, posting, or making the Content, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, copy, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, create derivative works from, and otherwise exploit the Content in any manner or medium, whether now known or hereafter developed, for any purpose whatsoever, including but not limited to:
• Operating, marketing, and improving Health Kicc;
• Monetising the Content through advertisements, sponsorships, subscriptions, licensing, or other revenue-generating mechanisms.
Representations and Warranties
You represent and warrant that you have all necessary rights to grant the license set out above and that the Content does not infringe, misappropriate, or otherwise violate any third-party rights, including intellectual property rights or rights of privacy or publicity.
Termination of Account
While you may terminate your account or remove your Content from Health Kicc, any licenses granted to us prior to such termination or removal will survive and remain in full force and effect.
No Obligation to Use
We are under no obligation to use, display, or distribute any Content and may remove or delete Content at its sole discretion.
Our Intellectual Property Rights
We retain all rights, title, and interest in and to Health Kicc, including but not limited to all software, code, trademarks, copyrights, trade secrets, and other intellectual property associated with the platform (the "Platform IPR").
Subject to these terms, we grant you, the creator, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform IPR solely for the purpose of accessing and using Health Kicc as intended in accordance with its features, functionality, and permitted uses.
This license does not grant you any rights to:
• Modify, reproduce, distribute, or create derivative works from the Platform IPR;
• Use the Platform IPR for any commercial purpose outside the scope of using Health Kicc;
• Exploit, sublicense, or assign the Platform IPR in any manner.
Termination and Revocation
We reserve the right to withdraw or terminate this license at any time, for any reason, and without liability. Upon termination or withdrawal, you agree to immediately cease all use of the Platform IPR and, if applicable, delete any copies of Platform IPR in your possession or control.
No Ownership Transfer
Nothing in these terms transfers ownership of the Platform IPR to you. All rights not expressly granted herein are reserved by Health Kicc
Indemnity
You agree to indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Health Kicc.
We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will co-operate with us in our defense.
Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.
Legal
Warranty disclaimer
We do our best to make sure Health Kicc works as expected, but sometimes, stuff happens.
Health Kicc is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, suitability, compliance with any predetermined document, specification, or purpose, title, non-infringement, error-free functionality and any other warranty is excluded to the greatest extent permitted by law.
We make no guarantees, representations, or warranties of any kind that Health Kicc will meet your requirements or expectations, or that it will function in an uninterrupted, secure, or error-free manner.
By using Health Kicc, you acknowledge and agree that you bear all risks associated with its use and accept full responsibility for any outcomes arising from such use, for any reason whatsoever.
The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.
Limit of liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes 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.
If you are a Creator:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
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:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user:
We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will, subject to all other clauses, either repair the damage or pay you compensation.
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:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
To the extent permitted by law, our liability for damages is limited to the greater of the amount of money we have earned through your use of Health Kicc and £500.00 (five hundred pounds sterling).
We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.
For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.
Health Kicc holds no responsibility for any advice, training plans, diet or medical advice (physical or mental health) that is provided by the creators. The customer takes all responsibilities for information given to them by the creator. Health Kicc will not be held liable for any damages or injuries that occur from following the creators advice.
Dispute resolution
We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Health Kicc, and it cannot be resolved after you talk with us, then it must be resolved by mediation, to be arranged by Health Kicc without your input.
Governing law
Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with your use of Health Kicc, shall be governed by, and construed in accordance with the law of England and Wales and the parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with any use of Health Kicc or any other matter related to Health Kicc.
Everything else
These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements.
If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force.
If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect.
Continuing to use Health Kicc after a change means you accept the new terms or policies.
These terms are an agreement with [Comp Name, address and number].
Effective date
Terms and Conditions are effective immediately for users and creators joining Health Kicc on or after January 09th 2025.