Terms and Conditions | Sidekick.pk

Overview

These terms & conditions of service (these “Terms”) are a contract between you or the business entity you represent (“you” or “Client”), and Sidekick Venture (Private) Limited (collectively, “Sidekick”, “we”, or “us”). “You” and “your” as used herein will refer and apply to that entity and the persons who can access the Platform (as defined below) and the Platform Services (as defined below) on its behalf. Please read this entire agreement carefully. You must read, agree to, and accept these terms and conditions in full to use the website located at www.sidekick.pk (the “Website”) and related platforms and services (collectively, the “Platform Services”). You agree and understand that any collection of your information by Sidekick will be governed by our privacy policy (“Privacy Policy”). Professionals (defined below) acknowledge that in addition to these Terms and the Privacy Policy, they will be bound by the Consultancy Agreement with Sidekick.

The Website is owned and operated by Sidekick Venture (Private) Limited, a company incorporated under the laws of the Islamic Republic of Pakistan with its registered office located on the 3rd Floor, Kashmir Commercial Complex, Fazal-e-Haq Road, Blue Area, Islamabad, Pakistan.

Sidekick operates an online platform that helps businesses find and engage business professionals (“Platform”). Sidekick provides Platform Services to both individuals and legal entities (“Clients”). Professional services (“Services”) are delivered by vetted third-party specialists (“Professionals”).

Under these Terms, Sidekick provides services to you in your capacity as a Client, including operating and providing the Platform Services, curating bids, and functioning as the payment processor for you. The Client will post a request for a proposal (“Proposal”) on the Platform and relevant Professionals will bid on the Proposal. Based on a Client’s needs, we may contact appropriate Professionals through the Platform to ensure that the Proposal is responded to.

You understand that by accessing or using the Website or any of the Platform Services, you agree to become bound by these Terms as posted, which may be updated and changed by us as needed. We will notify you of any material changes to these Terms through a notice sent to you by email to the email address you have registered with us. Your continued use of the Website and/or Platform Services after the effective date of the amended terms will constitute your acceptance of the amended Terms. It is your responsibility to check the Website before using the Platform Services for any updates or changes that may impact you. These Terms constitute a legally binding document and failure to comply with these Terms may result in the termination of your relationship with Sidekick.

Client Eligibility

Use of the Platform Services is available only to legal entities and persons who are at least 18 years old. By creating an account on the Website and making use of the Platform Services, you represent and warrant that your entity is: (a) a legal entity capable of forming legally binding contracts under applicable law; and (b) you are authorized to represent and act on behalf of any entity for which you are employed. You hereby acknowledge and agree that Sidekick bears no liability of any kind if the above representation and warranties are violated or found to be incorrect and/or without legal authority.

About our Services

1. The Services are delivered on a platform designed for collaboration and communication between Professionals and Clients.

2. The Platform Services provide access to Sidekick’s virtual community of Professionals; collaboration through Sidekick’s communication management tools; document management and storage; and payment and invoicing tools.

3. Sidekick is not a law firm or an accounting firm regulated by a Bar Council or ICAP or any other regulatory body in Pakistan. Sidekick does not provide legal advice or other regulated advice or services.

4. Sidekick is not involved in agreements between Clients and Professionals. At no point may Sidekick be held liable for the actions or omissions of any Professional providing Services to You.

5. Sidekick makes commercially reasonable efforts to confirm that Professionals are licensed and admitted to practise, but we do not make any warranty, guarantee or representation about the ability, competence, or qualification of any Professional.

6. Sidekick does not warrant or guarantee that Professionals are covered by professional indemnity insurance. We encourage Clients to research any Professional before accepting a Proposal. To this end, Sidekick has created a quality rating system for each Professional. You acknowledge that the number of ratings will increase with the use of the Platform and that Professionals starting on the Platform will have limited reviews.

7. Sidekick does not guarantee results. Clients may submit reviews of Professionals. These reviews do not constitute a guarantee, warranty or prediction regarding the outcome of any future matter. Any reliance on professional advice is solely at Your own risk.

8. Professionals are independent and are neither employees nor agents of Sidekick or any of its affiliates.

Acceptable Use

9. The following Acceptable Use policy applies to our Website and the Platform. These are the basic rules we expect users to follow while using the Platform Service. We are not responsible for the content our Clients post on the Platform and we have the right to close accounts if we need to.

10. You agree that you will not under any circumstances transmit any content (including software, text, images, or other information) that:

1. is unlawful or promotes unlawful activity;

2. defames, harasses, abuses, threatens, or incites violence towards any individual or group;

3. is pornographic, discriminatory or otherwise victimizes or intimidates an individual or group based on religion, gender, sexual orientation, race, ethnicity, age or disability;

4. is spam, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

5. contains or installs viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain authorized access to any data or other information of any third party;

6. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;

7. impersonates any person or entity, including any of our employees or representatives; or

8. violates the privacy of any third party.

11. Sidekick has the absolute discretion to determine whether a Client is complying with this Acceptable Use Policy and reserves the right to terminate an account or deny access to the Platform Service to any Client for any reason without prior notice.

12. Sidekick retains all ownership of our intellectual property, including copyrights, patents, and trademarks displayed on or arising from the use of the Website and the Platform.

Payment of Professionals

13. Sidekick is NOT a party to contracts between Clients and Professionals. Clients may communicate with Professionals through posting and acceptance of Proposals. Such contracts are solely between the Client and the Professional. Sidekick facilitates these contracts by supplying the Platform Services (i.e., providing communication management and payment tools) and assisting with complaints handling and disputes, to the extent set out below. Any decision by a Client to make use of or accept the Services of Professionals is a decision made at the Client’s sole discretion.

14. Fees are paid to the Professional net of Sidekick’s Platform Administration Fee, which is charged to the Professional directly. Sidekick does not charge fees to Clients.

15. Professional shall receive payment via Sidekick for all transactions. As further defined in the Consultancy Agreement with Sidekick, each Professional agrees to process all engagement letters, invoices, and amounts billed to any Clients at all times (“Payments”) on the Sidekick Platform. Professional agrees to process all Payments through the Platform irrespective of Client's requests to pay the Professional directly.

If a Client is either unwilling or unable to make Payment via the Platform, the Professional agrees to notify Sidekick. Payment made to the Professional outside of the Platform (without the prior consent of Sidekick) is a breach of these Terms and may result in Your removal from the Platform.

Complaints, Disputes and Refunds

17. We are committed to providing a high-quality service. To maintain this commitment, we operate a formal complaints procedure, a copy of which is available on request. If you have a question or a complaint about the service provided by us please contact info@sidekick.pk to make your complaint.

18. Payments are released to Professionals upon the successful completion of a Proposal (“Engagement Completion”).

19. Within 30 days from Engagement Completion, the Client may initiate a dispute concerning a Professional’s services. If the Client and Professional cannot resolve the dispute between themselves, the Client shall inform Sidekick who will act as a mediator and attempt to resolve the dispute.

20. Sidekick will promptly investigate the facts and circumstances of the dispute and determine, in our sole discretion, whether a partial refund or a full refund is due to the Client.

21. For disputes arising after the Professional has been paid, Sidekick will aim to resolve the dispute fairly and should the Client warrant a partial or full refund, Sidekick will pay this to the Client by the clause below.

22. Refund will be paid to the Client within 7 days after the determination by Sidekick.

23. Sidekick’s determination of a such dispute, including any decision on a refund, shall be final.

24. For disputes arising between Clients and Professionals, you agree to abide by the dispute process that is explained above. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Sidekick will not and is not obligated to provide any dispute assistance beyond what is provided in these Terms & Conditions.

Confidentiality

25. Sidekick’s confidentiality obligation to You:

1. We will treat all information you provide to us and matters dealt with by us (other than information which is in the public domain) as confidential. We will not disclose any confidential information to any third party, except with your written consent or if necessary or customary in the normal performance of our services (e.g. passing it to other professionals and consultants assisting us or you with your matter, unless you ask us not to) or if required or permitted by law or any regulatory authority to which we are subject.

2. Unless you instruct us otherwise in writing, we are entitled to state in promotional material and tender documents that we worked for you generally or on a particular matter or matters as long as we do not otherwise break our duty of confidentiality to you.

Your confidentiality obligations to Us:

1. You will treat all information we give you (other than information which is in the public domain) as confidential.

2. You will not disclose that confidential information to any other person, unless we have given our written consent or as required or permitted by law or any regulatory authority to which you are subject.

Circumvention

27. The parties acknowledge and agree that Sidekick uses substantial effort to make the Platform Services available to Clients and to ensure the Platform works seamlessly. Client represents and warrants that it will not circumvent or attempt to circumvent Sidekick or these Terms, or in any way solicit or seek to obtain services from a Professional outside of the Platform without Sidekick’s prior written consent.

28. Should Client breach its warranty in this section, Client shall pay Sidekick a one-time fee equal to the greater of (1) 25% of the Professional’s estimated annual compensation from the Client and (2) PKR 2 lakh, which the Client agrees is a reasonable estimation of the losses that may be incurred by Sidekick in such event, and which may be set-off or adjusted by Sidekick in such manner as necessary.

29. Upon payment of the aforementioned fees, Sidekick shall provide written consent for the Professional to provide Services to the Client outside of the Platform. This section shall not apply to a Client who has a demonstrable history of obtaining professional services from the Professional prior to the effective date of this Agreement.

30. Sidekick has the absolute discretion to place restrictions on a Client’s or a Professional’s account or remove them from the Platform.

Governing Law and Jurisdiction

31. These Terms are made in Islamabad and shall be governed under the laws of the Islamic Republic of Pakistan. The courts of Islamabad, Pakistan shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.

Definitions

Acceptable Use Policy means our acceptable use policy which is set out above.

Clients mean clients of Sidekick who create an account on the Platform.

Engagement means a Proposal where the Professional has been engaged.

Engagement Completion means the date when an Engagement is completed.

Payments mean a payment arising from a Client to a Professional.

Platform means the online platform operated by Sidekick that helps businesses find and engage business professionals.

Platform Services are the services delivered on our Website and over the Platform.

Privacy Policy means the Privacy Policy located on our Website.

Professionals mean independent providers of professional services who are authorised to use the Platform.

A proposal means a request for a proposal posted by a client on the Platform.

Services mean professional services provided by a Professional to a Client.

The website means www.sidekick.pk.