Terms & Conditions

Welcome to Kalduna. These Terms & Conditions (the “Terms”) govern your access to and use of the Kalduna website, located at www.kalduna.com, and any related services (together, the “Platform”). The Platform is operated by Kalduna (“Kalduna”, “we”, “us” or “our”). By creating an account, listing a service, or otherwise using the Platform, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Platform.

1. Who we are

Kalduna is a curated online marketplace that connects people seeking wellness, fitness, sports and therapy services (“Clients”) with independent professionals who offer those services (“Practitioners”). Kalduna is an introduction and listing platform only. We are not a party to any agreement, booking or transaction made between a Client and a Practitioner, and we do not provide the services listed on the Platform ourselves.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Platform. By using the Platform you confirm that you meet these requirements and that the information you provide is accurate and complete.

3. Accounts and registration

To access certain features you must register for an account. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to notify us promptly of any unauthorised use. We may suspend or terminate accounts that breach these Terms or that we reasonably believe are being used fraudulently or unlawfully.

4. The relationship between Clients and Practitioners

Any contract for services is made directly between the Client and the Practitioner. Kalduna is not responsible for, and gives no warranty regarding, the quality, safety, legality or suitability of any service, the accuracy of any listing, or the conduct of any Client or Practitioner. Clients are responsible for assessing whether a Practitioner and their services are appropriate for their needs, including consulting a doctor before beginning any new physical activity, training or therapy where appropriate.

5. Practitioner obligations

If you list a service as a Practitioner, you agree that:

• all information in your profile — including your name, qualifications, certifications, experience and pricing — is true, accurate and not misleading;
• you hold all licences, certifications, insurance and permissions required to lawfully provide your services in your location, and you will keep them current;
• you will provide your services with reasonable skill and care and in compliance with all applicable laws;
• you are solely responsible for your own tax, social security and regulatory obligations arising from your services; and
• you will not use the Platform to solicit Clients for unlawful purposes or to circumvent these Terms.

Kalduna may, but is not obliged to, review or verify Practitioner information. Any “Verified” badge indicates only that we carried out a check of certain credentials at a point in time; it is not a guarantee or endorsement of a Practitioner.

6. Content and licence to use your material

You retain ownership of the text, photographs, images and other material you submit to the Platform (“Your Content”). By submitting Your Content, you grant Kalduna a worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to host, store, reproduce, adapt, publish, publicly display and use Your Content for the purposes of operating, promoting and marketing the Platform and your listing. This includes displaying your profile and photographs on the Platform and using them in Kalduna marketing materials and on social media and other channels. This licence continues for as long as Your Content remains on the Platform and for a reasonable period afterwards to the extent needed for backups, records or material already used in marketing.

You confirm that you own or have all necessary rights to Your Content and that its use by Kalduna as described will not infringe the rights of any third party. You must not submit content that is unlawful, defamatory, infringing, deceptive or that you do not have permission to share, including photographs of other people without their consent. You may request removal of Your Content at any time by contacting us, after which we will stop using it for new purposes within a reasonable period.

7. Reviews

Clients may leave reviews of Practitioners they have engaged. Reviews must be honest, based on genuine experience, and free of offensive, defamatory or unlawful content. You must not post fake reviews, manipulate ratings, or offer incentives in exchange for reviews. We may remove reviews that breach these Terms but are not obliged to monitor or verify them.

8. Prohibited conduct

You agree not to:

• use the Platform for any unlawful or fraudulent purpose;
• post false, misleading, harmful, harassing or discriminatory content;
• copy, scrape, or harvest data from the Platform, or attempt to gain unauthorised access to it;
• interfere with or disrupt the Platform or the servers and networks that support it; or
• impersonate any person or misrepresent your affiliation with any person or organisation.

9. Fees

Listing on and using the Platform is currently free of charge. Kalduna does not take a commission on bookings or payments made between Clients and Practitioners. We may introduce optional paid features in the future; if we do, the applicable charges and terms will be made clear to you before you incur them.

10. Disclaimers

The Platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Kalduna disclaims all warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Platform will be uninterrupted, secure or error-free, or that any information on it is accurate or complete.

11. Limitation of liability

To the fullest extent permitted by law, Kalduna will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with your use of the Platform or any dealings between Clients and Practitioners. In particular, Kalduna is not liable for any injury, loss, damage or dispute arising from services provided by a Practitioner. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence or for fraud.

12. Indemnity

You agree to indemnify and hold harmless Kalduna and its operators from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with your use of the Platform, Your Content, your services (if you are a Practitioner), or your breach of these Terms.

13. Suspension and termination

You may stop using the Platform and close your account at any time. We may suspend or terminate your access to the Platform, remove any listing or content, or withhold the Verified badge at our reasonable discretion, including where we believe you have breached these Terms or where required to protect the Platform or other users.

14. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, where changes are material, take reasonable steps to notify you. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

15. Governing law

These Terms are governed by the laws of Thailand, and any disputes relating to them or to the Platform will be subject to the non-exclusive jurisdiction of the courts of Thailand, without affecting any mandatory consumer protection rights you may have in your country of residence.

16. Contact

If you have any questions about these Terms, please contact us at hello@kalduna.com.