Effective date: March 6th, 2023
This Platform Agreement is made between Company and Kikin Financial Limited(“Kikin”, “we”, “our”, or “us”) and governs your use of the Services. By submitting your application to open a Kikin Account, you consent to this Platform Agreement, and to receive all Notices and communications from Kikin electronically. Capitalised terms used in this Platform Agreement have the meaning provided in Section 4. As used in this Platform Agreement, "you" refers to Company, and "we" refers to Kikin.
You may only apply for, open and maintain a Kikin Account and use the Services if you accept this Platform Agreement. All references to the Platform Agreement means this document that you are reading and any terms, agreements, and policies referenced herein, including Kikin Terms that are addenda or supplements to this Agreement.
1.1. Services
The Services allow you to apply to Kikin to settle your invoices on your behalf and obligate you to repay in instalments over an agreed term. and, subject to the applicable Kikin Terms and any other related supplements or addenda hereto, access other optional services through your Kikin Account. Kikin may change existing Services or provide new Services at any time without Notice; provided that Kikin shall make commercially reasonable efforts to Notify you in advance of any material changes to Services on which you rely. Some Services may be delivered or supported by specific Kikin aliates, Third-Party Service Providers and FinancialInstitution Partners and may require your agreement to Supplemental Terms. You acknowledge and understand that in order to use such Services, you will be required to agree to the applicable Supplemental Terms.
1.2. Opening a Kikin Account
You will need to provide Company Data and Personal Data and connect at least one Linked Bank Account, where the banking connector is available when submitting an application for a Kikin Account. Such Company Data may include business information (such as registered business name, the business address, ownership details, actual or anticipated revenue, the nature of the business, and details from Linked Bank Accounts and other business information we may request from time to time), and such Personal Data may include the name, contact information, and date of birth of Users or benefcial owners. You may also need to provide documentary information used to verify such Company Data and Personal Data (such as corporate registration certifcate, proof of address, or personal identifcation). Use of specifc Services or features may alsorequire that you permit Kikin to access Company Data and Personal Data through Third-Party Services.
We provide Company Data and Personal Data to Financial Institution Partners and Third-Party Service Providers to determine your eligibility for Services. We may approve or deny your application(s) or grant you provisional access to the Services, Third-Party Services or your Kikin Account while your application is pending additional review. Kikin rely on the accuracy of all such Company Data and Personal Data when opening, maintaining and using your Kikin Account. We may deny applications, interrupt provision of the Services to you, or suspend or close your Kikin Account for any reason, with or without prior Notice, including where required Company Data or Personal Data is incomplete, inaccurate or out of date. You represent and warrant that you will keep all such Company Data and Personal Data current, complete and accurate in your Kikin Account whether we provide you with full or provisional access, by contacting Kikin and providing any updated Company Data or Personal Data. We may request information from credit reporting agencies using the Company Data you have provided, and may report the performance of your account to one or more credit reporting agencies.
Kikin uses password-less authentication for access to its platform. If the Customer has any concerns about the login details for its Account or thinks they have been misused, please contact Kikin at hello@Kikin.io
If you successfully open a Kikin Account through a referral from an existing Kikin customer or referral partner, you acknowledge and agree that Kikin may provide Company Data about you to the Kikin customer or partner that referred you, which may include (a) notice that you successfully opened a Kikin Account and/or met other criteria required by the referral link or other referral method, such as completing a minimum required payment; or (b) aggregate spend data or total invoice payment volumes as required to determine partner incentives.
1.3. Fees
Some Services may have associated transaction, fnance or other Fees, which Kikin will disclose in advance of charging. Disclosure may be provided by Notice or through an addendum to this Platform Agreement.
1.4. Managing your Kikin Account
You may have more than one user on your Kikin Account following the submission of your application. The Primary User may request to add, remove, or manage additional Users; view transactions; download statements; provide, view or update Company Data and Personal Data; connect Linked Bank Accounts, Third-Party Services, and other accounts to your Kikin Account; and perform other tasks on your behalf. You are responsible for any actions or failure to act on the part of Users, and those using credentials issued to Users to access Company's Kikin Account.
All potential Users will be required to accept our Terms of Service in order to become Users. You represent and warrant that each User enters into and complies in all respects with the Terms of Service.
1.5. Using your Kikin Account
Users can use Kikin to apply for Advances from Kikin to pay its Invoices as defned within a Finance Agreement. Users acknowledges and agrees that:
No Advance will be made unless and until the Company has determined in its sole discretion that the Company, the Company’s directors, company officers and the Invoice comply with all of Kikin’s internal checks, policies and procedures and all credit checks, electronic identity verifications and anti-money laundering procedures have been followed as per applicable regulations;
No Advance will be made and any ofer to provide the Advance shall not be binding unless and until a Finance Agreement for such Advance has been signed on behalf of the Company and the Customer;
Once the Finance Agreement has been concluded, we will pay the Advance directly to the supplier named on the Invoice on the Company’s behalf, using the supplier payment details provided by the Company, and the Company hereby appoints the Company as its agent to make such payment on its behalf; and we will not provide the Customer with an Advance if at any time during the application process:
it fails to provide us with any of the information we have requested;
it has failed our due diligence checks, for example, as a result of anti-money laundering issues;
it does not meet our financial eligibility requirements;
it refuses to give permission to access its bank account(s) using open banking when requested; or
collect personal information about you from a third party with your consent, e.g., your or your Engaging Entity’s bank or building society; and
there is any other reason that we reasonably consider means that the Company is not suitable for an Advance at the time of applying.
1.6. Security and Monitoring your Kikin Account
You will keep your Kikin Account secure and only provide access to individuals that you have authorized. You will immediately request Kikin to disable User access to the Services if you know or believe your Kikin Account has or may have been compromised or has been or may be misused; and you will promptly notify us (by contacting our support team) of any known or reasonably suspected unauthorized access or use.
1.7. Authorised Users
You will authorize Users, which will allow them to use the Services and access certain functionality of your Kikin Account. You are responsible for ensuring that Users are aware of and comply with your obligations under this Agreement, including but not limited to Section 1.7 (Requirements and Prohibited Activity). You are responsible for obtaining consent from your Users to enable Kikin and Financial Institution Partners to collect, use, retain, and disclose Personal Data, and for ensuring that Users have read and agreed to the Privacy Policy and all applicable terms.
You must ensure that your Users are aware of and abide by all applicable Kikin Terms.
1.8. Requirements and Prohibited Activities
Only United Kingdom Entities registered with Companies House, may apply for a Kikin Account. Companies registered outside England, Wales and Scotland, as well as consumers, sole proprietors and unincorporated partnerships, are not permitted to use or attempt to open or use, a Kikin Account.
Your Kikin Account and Services may only be used for the Company's bona fide business expenses. Your Kikin Account and Services may not be (a) used for any purpose that is unlawful or prohibited by this Platform Agreement; (b) used for any personal, family, or household use; (c) a country that is blocked or sanctioned by theUnited Kingdom, including those identified by The Oce of Financial SanctionsImplementation (OFSI); or (d) used by unaffiliated third parties; or (e) used for any other activities not for the benefit of the Company.
We will not approve and may close Kikin Accounts that we know or believe are engaged in any of the prohibited activities including but not limited to:
Sale of Schedule I controlled substances with or without a pharmaceutical license;
Sale of any prohibited substances as defined by the Misuse of Drugs Regulations 2001 (MDR) and the United Kingdom Home Office;
Gambling, betting, lotteries, sweepstakes, or games of chance;
Adult entertainment businesses; Online advertisers for adult entertainment services;
Prostitution or escort services;
Sale of counterfeit or "gray market" goods or services;
Get-rich-quick schemes, multi-level marketing, drop-shipping, or activities that may be considered unfair, deceptive, or abusive acts or practices (UDAAP);
Accounts designed to hide ownership identity;
Use of Kikin services for personal, family household use, or any non-commercial use;
Activities that are illegal or that Kikin, in its sole discretion, identifies as high-risk; or
Use of the Services in manner that is inconsistent or prohibited by the Platform Agreement; or
Purchase, sale, or mining of cryptocurrency;
Financial services providers including banks or bank affiliates, securities brokers, or money transmitters;
Nuclear power & nuclear fuel cycle;
Palm oil;
Oil & gas;
Mining;
Coal fire power generation;
Wood pulp (upstream & downstream);
Property investment (unless owner occupied);
Property development;
Development & research or technical applications intending to support the businesses mentioned above.
Production, sale, or distribution of marijuana and associated products;
Production & trade of tobacco and associated products. Relates to the handling of raw tobacco;
Production, sale, or distribution of guns, accessories, ammunition, and other item that could be classified as weapons;
Where a Company is engaged in certain restricted activities, Kikin may require that you provide additional information to open or maintain your Kikin Account. We may update the list of prohibited or restricted activities at any time and from time to time. You agree to review this regularly and contact us with any questions you have about how this list may apply to Company's business.
We may suspend or terminate access to your Kikin Account if we believe in our sole discretion that this section was violated, or to comply with applicable laws or regulations. Without limiting any of your indemnification or other obligations to us, you agree to pay all Fines imposed on Kikin or any affiliate, officer, employee, agent or representative thereof by regulators, or government agencies for your violation of this section.
1.9. Identification as Customer
We may publicly reference you as a Kikin customer on our website or in communications during the term of this Platform Agreement. We will not express any false endorsement or partnerships. You grant Kikin a limited license to use Company trademarks or service marks for this purpose. Please notify us if you prefer that we not identify you as a Kikin customer and we will use best efforts to remove references to you on our website or in communications.
1.10. Ownership and License
As between you and Kikin, Kikin and licensors own all Kikin Property. Users may use Kikin Property only as and for the purposes provided in this Platform Agreement. You may not modify, reverse engineer, create derivative works from, or disassemble Kikin Property; or register, attempt to register, or claim ownership in Kikin Property or portions of Kikin Property.
Kikin grants you a nonexclusive and nontransferable license to use Kikin Property as permitted by this Platform Agreement to the extent that Kikin provides it to you via the Services. This license terminates upon termination of this Platform Agreement unless terminated earlier by us.
1.11. Data and Privacy
Kikin collects and processes Company Data and Personal Data through your use of the Services and Third-Party Services. Kikin may use and disclose Company Data and Personal Data (a) to provide Services to Company and Users; (b) as required by law; (c) for underwriting, identity verification, and fraud prevention; (d) to verify account balances and account information, establish spending limits, identify spending patterns, and determine spending limits; (e) to analyze and report transactions; (f) to report Company performance to credit reporting agencies and credit rating agencies, where appropriate; (g) for internal analytics and reporting; (h) as needed in dispute resolution; and (i) as otherwise permitted by law.
We will not share any Company Data or Personal Data with third parties for marketing their unaffiliated products without your consent but may use Company Data and Personal Data to identify Services, Third-Party Services, and programs that we believe may be of interest to you for the purpose of promoting them to you, including as part of a rewards, benefits or joint marketing program.
Except as prohibited by law, Kikin may use and disclose De-Identified Data for Kikin's own purposes, including to improve and develop Kikin products, services, and marketing efforts (such as developing data products and providing aggregate insights to other customers). Kikin may also include De-Identified Data in both public and private reports.
Kikin processes Personal Data in accordance with the Privacy Policy and, where applicable, any data processing addendum to this Platform Agreement. You acknowledge, understand, and agree that we will collect, disclose, and otherwise process Company Data and Personal Data in accordance with this Platform Agreement, the data protection addendum (where applicable), and the Privacy Policy. Where Company Data or Personal Data is shared by us with our subcontractors, Kikin will implement controls to reduce the risk of loss or accidental disclosure.
1.13. Beta Services
Kikin may make Beta Services available to you, which may be subject to additional terms and conditions. You acknowledge that Beta Services may be unstable and subject to frequent, substantial interruptions and to erroneous output and operation. You agree not to use any Beta Services for any mission critical or other important functions without taking appropriate precautions to prevent loss or damage resulting from such use.
1.14. Feedback
Company hereby grants Kikin a royalty-free, fully-paid, irrevocable, perpetual, nonexclusive, worldwide, assignable and otherwise transferrable license, with the unrestricted and unlimited right to grant sublicenses, (1) to create derivative works based upon any Feedback and (2) to use, copy, display, publish, distribute or otherwise commercialize or exploit in any manner any Feedback or derivative works based thereon. You acknowledge and agree that any Feedback you submit is not confidential. Kikin has no obligation to compensate or credit you for Feedback you provide, regardless of whether or how we may use or otherwise commercialize or exploit it.
2.1. Amounts Owed to Kikin
You are responsible for payment in full of all Charges and Fees and other amounts owed by you to Kikin. You must maintain at least one Linked Bank Account at all times, available. Your Nominated Bank Account will be automatically debited as per each individual Finance Agreement. Kikin may also directly debit any Linked Bank Account for other amounts owed under this Agreement. Your Kikin Account will show the credit the business day after payment is received.
3.1. Term and Termination
This Platform Agreement is effective when you start an application for a Kikin Account and continues until terminated by either you or us, or as otherwise set forth in this Platform Agreement.
You may terminate this Platform Agreement by paying all amounts owed and providing notice to us but are still responsible for Charges, Fees, Fines, and other amounts owed. Your payment and Kikin's acceptance of any amounts does not extinguish or waive any of Kikin's rights hereunder. If you reapply or reopen your Kikin Account or use or attempt to use the Services you are consenting to the Platform Agreement in effect at that time. Kikin may terminate this Platform Agreement, or suspend your Kikin Account, by providing you Notice.
Sections 1.5 (Security and Monitoring your Kikin Account), 1.10 (Data and Privacy), 1.12 (Beta Services), 1.13 (Feedback), 3.1 (Term and Termination), 3.2 (Notice and User Notifcations), 3.3 (Limitation of Liability), 3.5 (Disclaimer of Warranties by Kikin), 3.6 (Indemnifcation), 3.7 (Governing Law), 3.8 (Binding Arbitration), 3.9 (Legal Process), and 3.10 (Assignment); the provisions of the Finance Agreements that identify continuing obligations; and any other provisions of this Agreement giving rise to continued obligations of the parties will survive termination of this Platform Agreement.
3.2. Notice and User Notifications
By registering for a Kikin Account, you agree that such registration constitutes your electronic signature, and you consent to us providing Notices to you and User Notifications to Users, including in each case those required by law, and you shall ensure that all Users consent to receiving User Notifications, electronically. You understand that this consent has the same legal effect as a physical signature.
Our Notices to you will be effective if provided to an Administrator, and User Notifications will be effective if provided to the applicable User, in each case electronically through the Services, via email, or (except as provided below) via SMS to the contact information provided to us by the Administrators or the User, as applicable; provided that any required Notice of any material change to or amendment of this Agreement under Section 3.12 will be provided via email to an Administrator.
Notices and User Notifications will be deemed to be received 24 hours after they are sent, provided that Notices or User Notifications captioned or otherwise designated as "URGENT" or "READ IMMEDIATELY" will be deemed to be received when sent. You understand that you may not use the Services unless you consent to receive Notices and all Users consent to receive User Notifications electronically as provided herein. Consent to receive Notices or User Notifications electronically may be withdrawn only by closing your Kikin Account.
Notices and User Notifications may include alerts about Services or Charges and may provide Users the ability to respond with information about your Kikin Account. Users may elect to not receive certain Notices or User Notifications through the Kikin Account, but this will limit the use of certain Services and may increase the financial risks to the Company. The Company warrants that it will secure appropriate authorisation from Users to send SMS messages to Users on the Company's behalf.
Users are responsible for all costs imposed by Internet or mobile service providers for sending or receiving Notices electronically. You acknowledge that you are solely responsible for ensuring that no Notices are blocked or delayed by any spam filter or otherwise.
Notify us immediately if you are or believe you are having problems receiving Notices.
3.3. Limitation of Liability
Kikin is not liable to you for consequential, indirect, special, exemplary, or punitive damages, lost profits, damage attributable to reputational harm, physical injury or property damage, or lost revenue arising from or related to this Agreement or to the Services, including your use of or inability to use Services, whether or not we were advised of their possibility by you or third parties. Our aggregate liability to you under this Platform Agreement for all claims is limited to the greater of the total amount of Fees actually paid by you to Kikin in the three months preceding the event that is the basis of your claim or £5,000. These limitations apply regardless of the legal theory on which your claim is based.
3.4. Representations and Warranties
In addition to other representations and warranties provided by You in this Agreement, You represent and warrant that (a) Company is and will continuously throughout this Platform Agreement be duly organized and in good standing under the laws of its jurisdiction of incorporation, (b) Administrators have requisite organizational power and authority to conduct business on and manage Company's Kikin Account in all respects, including delegating access or authority to other Users, and Company has irrevocably authorized each and every action taken by any Administrator that relates to this Agreement, the Services, any Third Party Services, (c) you are opening an account on behalf of a Company organised and registered in the United Kingdom and that you are not opening an account as a consumer, sole proprietor, or unincorporated partnership, (d) you and Users will not engage in activities prohibited by this Platform Agreement, and (e) all Company Data and Personal Data provided to Kikin is and shall be complete, accurate, and current.
3.5. Disclaimer of Warranties by Kikin
THE SERVICES, Kikin PROPERTY, AND BETA SERVICES ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. Kikin DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, AND YOU ACKNOWLEDGE THAT NO Kikin PERSONNEL ARE AUTHORIZED TO PROVIDE ANY SUCH WARRANTY (EXCEPT IN A WRITTEN DOCUMENT IDENTIFIED AS AN AMENDMENT TO THIS AGREEMENT AND EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF Kikin AND AN AUTHORIZED REPRESENTATIVE OF CUSTOMER).
THIRD-PARTY SERVICES ARE NOT PROVIDED, CONTROLLED, RECOMMENDED OR ENDORSED BY Kikin. Kikin DOES NOT PROVIDE SUPPORT FOR AND DISCLAIMS ALL LIABILITY ARISING FROM FAILURES OR LOSSES CAUSED BY OR RELATING TO THIRD-PARTY SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME ALL RISKS ASSOCIATED WITH ANY FAILURE OF ANY: (A) SERVICES OR DATA PROVIDED UNDER THIS PLATFORM AGREEMENT TO BE ACCURATE AND ERROR-FREE; (B) SERVICES TO MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS; (C) SERVICES TO BE USABLE BY COMPANY OR USERS AT ANY PARTICULAR TIME OR LOCATION; (E) SERVICES TO BE UNINTERRUPTED, SECURE, OR FREE FROM HACKING, VIRUSES, OR MALICIOUS CODE; AND (F) ANY DEFECTS IN THE SERVICES TO BE CORRECTED, EVEN WHEN WE ARE ADVISED OF SUCH DEFECTS.
3.6. Indemnification
You agree to indemnify Kikin, our affiliates, our and each such affiliate's employees and contractors, and any other Third-Party Service Providers (each an "Indemnitee") and hold them harmless from and against any losses, liabilities, damages, claims, costs or expenses (including reasonable attorneys' fees) arising out of or relating to claims, proceedings, suits, or actions brought by or initiated against Kikin or any of the other Indemnitees specified above by any third party (i) due to the breach by you or by any User of this Platform Agreement, the User Terms, any terms applicable to any Third-Party Services or any other agreements with Kikin or that otherwise relate to the Services or Third Party Services; (ii) for amounts owed by Company to third parties; (iii) for acts or omissions of Administrators, Users, or other Company employees or agents; (iv) for Company's use of any Beta Services or Third-Party Services; or (v) for disputes over Charges between Company and merchants. Kikin may defend any claim subject to indemnification hereunder, using counsel of its choice, and you will pay or promptly reimburse Kikin for the reasonable fees of such counsel and all related costs and reasonable expenses.
3.7. Governing Law
This Platform Agreement is construed in accordance with the law of England and Wales.
3.8. JURY WAIVER; CLASS ACTION WAIVER; ARBITRATION
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER THIS AGREEMENT. YOU AGREE TO BRING CLAIMS AGAINST US FOR CLAIMS ARISING UNDER THIS AGREEMENT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
3.9. Legal Process
We may respond to and comply with any legal order we receive related to your use of the Services, including subpoenas, warrants, or liens. We are not responsible to you for any losses you incur due to our response to such legal order. We may take any actions we believe are required of us under legal orders including holding funds or providing information as required by the issuer of the legal order. Where permitted, we will provide you reasonable Notice that we have received such an order.
3.10. Assignment
Kikin may assign, pledge, delegate or otherwise transfer this Platform Agreement or its rights, powers, remedies, obligations, and duties of performance under this Platform Agreement at any time. Any such assignee will have all rights as if originally named in this Platform Agreement instead of Kikin. You may not assign this Platform Agreement or any rights hereunder, or delegate any of your obligations or duties of performance, without Kikin's express written consent.
3.11. Headings and Interpretation
Except where otherwise specified, all references to sections or provisions refer to this Platform Agreement or the applicable incorporated terms. The phrases including, for example, or such as do not limit the generality of the preceding provision; the word or will be read to mean either... or... or any combination of the proceeding items; and provisions listing items and using and require all listed items.
All monetary amounts owed under this Platform Agreement will be owed in Pounds (GBP)
This Platform Agreement, including incorporated terms, comprises the entire understanding of the parties with respect to the subject matter described and supersedes all other proposals or previous understandings, written or oral, between the parties.
3.12. Changes to this Platform Agreement
We may modify this Platform Agreement, including any supplements or addenda, by posting an amended version and including the date of the revision. The amended version will be effective at the time we post it, unless otherwise noted. If such modifications constitute a material change to the Platform Agreement, we will provide you with reasonable prior Notice before the modifications become effective as to you. The modified Platform Agreement may take effect immediately in exigent circumstances, including where required to comply with applicable law, regulation or Payment Network rules or to avoid or mitigate any material risk, loss or damage. If you do not accept any such modification, you must cancel your Kikin Account. If you continue to use the Services after any such modification takes effect as provided in the applicable Notice, you will be deemed to have consented to the revised Platform Agreement.
Alternatively, and notwithstanding the foregoing, Kikin may (but has no obligation to) provide in any such Notice of any modification to this Platform Agreement that such modification will take effect only upon affirmative acceptance thereof by Company via email or another means of communicating such consent as described in such Notice. In that event, Kikin may terminate your Kikin Account and any further right to use any Services upon Notice if you do not timely accept the proposed modification in accordance with the method described in the Notice.
Any waiver, modification, or indulgence that we provide to Company, of any kind or at any time, applies only to the specific instance involved and will not act as a general waiver or a waiver, modification, or indulgence under this Platform Agreement for any other or future acts, events, or conditions. Further, any delay by Kikin in enforcing our rights under this Platform Agreement does not constitute a forfeiture of such rights.
3.13. Entire Agreement
This Platform Agreement (including any addenda that are mutually agreed to by the parties, all of which are incorporated herein) constitutes the entire understanding between Company and Kikin regarding the subject matter of this Platform Agreement and such addenda, and no other agreements, representations, or warranties other than those provided in this Platform Agreement and any such addenda will be binding unless in writing and signed by Company and Kikin.
3.14. Notices
Except as may be otherwise specified in this Platform Agreement, notices from you to Kikin will be provided via the Services by contacting Kikin through the Services, with a copy sent concurrently by email to hello@Kikin.io. Each notice will be deemed to be effective on the first business day following the day that you post such notice as provided in this section.
4. Defined Terms
Capitalised terms in this Platform Agreement are defined as follows:
Administrator means any Company employee designated as an administrator of Company's Kikin Account.
Beta Services means any products or services identified as beta, pre-release or similar, which may contain features and functionality that are incomplete or subject to substantial change or discontinuation.
Company or you means the company that is applying for or has opened a Kikin Account.
Company Data means information or documentation provided by or on behalf of the Company to Kikin under this Agreement, including Financial Data.
De-Identified Data means data derived from Company Data or Personal Data or otherwise relating to Company and User use of the Services that has been anonymised, de-identified, or aggregated (as those terms are defined by applicable law).
Dispute means any dispute, claim, or controversy between you and Kikin that arises out of or relates to (i) this Platform Agreement (including any addenda hereto or other terms incorporated herein by reference), (ii) the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of the agreement to arbitrate hereunder, or (iii) any Services (including, without limitation, Beta Services)
Feedback means all feedback, suggestions, ideas, or requests you submit or otherwise communicate to us by any means.
Fees means charges we impose on you for use of Services or your Kikin Account.
Financial Data means Company's bank balance, transaction, and account information accessible to Kikin through Linked Bank Accounts or Third-Party Services.
Fines means all fines, fees, penalties, or other charges imposed by a regulatory authority arising from your breach or violation of this Platform Agreement any other agreements you have with Kikin, any law, any regulation.
Including means including, but not limited to.
Linked Bank Account means any account that is held with a financial institution or that provides financial data and is linked to or otherwise authorised for use through your Kikin Account.
Nominated Bank Account means the Bank Account which will be debited payments based on an agreed instalment plan including any fees payable and subject to terms agreed as part of a Finance Agreement, Notice or Addendum to this agreement.
Notice means any communication related to this Platform Agreement that is provided to you in accordance with Section 3.2. For the avoidance of doubt, a User Notification shall constitute Notice to Company if a copy thereof is sent by us to an Administrator in accordance with Section 3.2.
Payment Network means the UK Direct Debit network.
Personal Data means data that identifies or could reasonably be used to identify a natural person.
Platform Agreement or Agreement means this Kikin Platform Agreement, as amended, and any terms, agreements and policies referenced herein, including any Kikin Terms that are supplements or addenda to this Kikin Platform Agreement.
Primary User means the initial user submitting an application on behalf of a Company.
Prohibited Activities List means the list of prohibited business types and activities posted as Kikin Terms as updated from time to time that may render Company ineligible for a Kikin Account.
Kikin or we means Kikin Business Corporation and its affiliates, unless otherwise stated.
Kikin Account means your corporate account with Kikin that is used to access Services.
Kikin Data means all data developed or collected by Kikin through the development or provision of Services or Third-Party Services, or generated or recorded by the Services.
Kikin Property means the Services and related technology, including applications providing Users with access to the Services; Kikin Data; and copyrights, patents, trade secrets, trade or service marks, brands, logos, and other intellectual property rights in or to any of the foregoing.
Services means the services provided by Kikin through your Kikin Account, including Kikin paying invoices on behalf of Company (but, for the avoidance of doubt, excluding Third-Party Services).
Supplemental Terms means additional terms or policies to which we or a Third-Party Service Provider may require you to agree for access or use of certain Services.
Third-Party Services means services and data provided by third parties connected to or provided through Services. Third-Party Services may (but will not necessarily) include accounting or expense management platforms (such as QuickBooks, Expensify, Xero, and NetSuite), payment processors and e-commerce platforms (such as Stripe), and applications used to monitor Linked Bank Accounts (such as Codat). Each example is noted without limitation.
Third-Party Service Provider means any provider of any Third-Party Service and an affiliate or other third party that assists us in providing the Services to you, that supports our internal operations, or that provides other services related or connected to, or provided through, the Services or your Kikin Account.
United Kingdom Entities meaning a limited company incorporated in England & Wales or Scotland.
Users means any employees, contractors, agents, or other individuals who (i) are designated as users of the Kikin Service by a Primary User via the Service and (ii) have accepted and agreed to be bound by the User Terms.
User Notifications means communications from us to Users, as described in Section 3.2.
User Terms means the terms of service presented by Kikin to each potential User, which may consist of multiple agreements.
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