KryptoPOS Software Terms & Conditions of Use
Last Updated: July 31, 2018
PLEASE READ THESE CONDITIONS CAREFULLY. BY DOWNLOADING, ACCESSING OR USING THE KRYPTOPOS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE KRYPTOPOS SERVICE.
We, Krypto Pos Sdn Bhd, a private limited company established under the laws of the Federation of Malaysia, having its registered office at A-6-4, Block A, Megan Pheonix, Jalan 2/142A, Off Jalan Cheras, 56000 Kuala Lumpur(hereinafter referred as “KryptoPOS“, “we“ or “us“).
These terms of service (“Terms“) are a legal agreement between you (“you,” “your”) and KryptoPOS, to set out the terms and conditions for your use of KryptoPOS’s Services. In these Terms, KryptoPOS’s Services means KryptoPOS’s point of sale and any features, technologies, items, products, software, hardware, and other products, services, or functionality provided by those products or services, including the KryptoPOS POS iOS applications (“Apps“) and KryptoPOS.com (“Website“) (collectively, the “Services”).
The person or organization entering into these Terms as a user of the Services, together with all individual users accessing the Services on that person’s behalf (together, “you“ or “Users“).
KryptoPOS grants you a limited, non-exclusive, non-transferable, revocable license to use the Services (subject to your account type) in accordance with these Terms.
You are required to read our Terms from time to time. By accessing or using the Services, it shall be considered as your approval and acceptance to our Terms, thus, you agree to be bound under each provision stated in our Terms. If you do not agree with any term or provision in these Terms, please cease to use the Services.
All rights not expressly granted to Users in these Terms are reserved by KryptoPOS.
You will defend, indemnify and hold harmless KryptoPOS, its affiliates, independent contractors, service providers and consultants, their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) the Application, including violations of any third party terms or violations of any laws, regulations or industry best practices in the relevant jurisdictions; (b) your use of the KryptoPOS Service, the Site or the Service; (c) your violation of any representations and warranties or any other term of this Agreement; or (d) your violation of any rights of a Consumer.
Modification or Discontinuance by KryptoPOS
KryptoPOS reserves the right to modify or discontinue, temporarily or permanently, the KryptoPOS Service, or any features or portions thereof, with prior notice served to affected users with a time frame for the targeted deprecation. You agree that KryptoPOS will not be liable for any modification, suspension or discontinuance of the KryptoPOS Service or Service, or any part thereof.
We reserve our rights to make any amendment, revise and/or update our Terms from time to time and you agree to be bound by such revised and/or updated Terms. We will endeavor to notify you of such changes via email or by displaying a message when you next use the Services. If you continue to use the Services, your use will be governed by and subject to the updated Terms. If you do not agree with our amendment, revision and/or update on the provision in these Terms, please cease to access the Services.
From time to time, we may add, make changes to or remove altogether features or functionality of the Services. If you’re using the KryptoPOS App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of the Services at any time, and nothing in these Terms is to be taken as a guarantee that the Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Services, or any version of them. Your use of the Services will always be governed by and subject to the updated Terms, regardless the addition, changes, or alteration of the the Services. In avoidance of doubt, such addition, changes, or alteration of the Services will not cancel the validity of these Terms, unless expressly stated by KryptoPOS.
Acceptable Use Policy
KryptoPOS reserves the right to determine whether a user is qualified and acceptable to use the Services. In any case, KryptoPOS may prohibit, prevent, or cancel access to the Services at any given time to any user, based on reasonable premise, which lies solely under the discretion of KryptoPOS without the obligation to disclose or explain to any party.
You are solely responsible for the utilization of the Services in reasonable ways and agree that you will not hold KryptoPOS responsible or liable for any claim, damage, and/or loss from the use of the Services. Without limitation, you agree that you will not associate the Services for any activity that may be considered, including but not limited, to:
a. infringe or violate another party’s intellectual property rights;
b. violate any party’s right of publicity or right of privacy;
c. be illegal or promote or be in connection with, either directly or indirectly, any illegal activities;
d. contain software viruses or any other computer codes, files, or programs designed to interrupt, destroy, manipulate, corrupt, or limit the functionality of any computer software or hardware or telecommunications equipment;
e. resell the use of, or access to, or reproduce the Services to any third party; and/or
f. to commit fraud, be deceptive, or misleading in any way.
Upon indication of the violation of the acceptable use policy, KryptoPOS reserves the right to terminate the provision of the Services and perform account cancellation, without any obligation to refund, reimburse or repay the subscription fees and/or to be liable for any indemnification whatsoever, or to impose limits on your use of the Services. Where possible, we will endeavor to give you at least 24 hours’ prior notice and request that your usage is reduced before imposing any limits. Nevertheless, KryptoPOS has the right to make any report to authorized government institutions and law enforcement institution upon indication of violation, as applicable.
You must be (a) an individual citizen at least 18 years of age and have the legal capacity to enter into binding agreements; or (b) a legal entity that is validly established under the law of relevant jurisdiction and having its legal domicile, represented by duly authorized representatives and has legal capacity to enter into binding agreements, specifically with regards to the provision of the Services, in order to access and use the Services. You agree to provide true, accurate, current and complete account information during the registration process, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete. You represent and warrant that you have the legal right to use any credit card, debit card or other payment method that you use in connection with the Services.
Note that if you fall into category number (b) and are in the capacity to act for and on behalf of a legal entity, you must obtain necessary approvals from such legal entity and other relevant third parties in connection with the usage and responsibility of (i) your action related to the Services; (ii) cost associated with the use of the Services; and (iii) your acceptance and compliance in accordance with these Terms. By continuing to use and/or using the Services, we assume that you have already obtained all necessary approvals and are authorized to access the Services.