This Agreement contains the complete terms and conditions that apply to your use and interaction on the Blekie Technologies Limited “Blekie Technologies”, Kroon Kiosk Enterprise Solution “Kroon Kiosk” “Kroon Kiosk Platform” “Kroon Kiosk Services” and supersedes all other agreements entered into between you and Blekie Technologies Limited, UAE. These terms and conditions take effect on the date of publication and a user’s first download and acceptance of the terms and conditions. These terms and conditions are deemed to be accepted by the continuous use of the Kroon Kiosk Enterprise Solution “Kroon Kiosk” “Kroon Platform” “Kroon Services”.

1. Definitions

1.1.      “Account” means your Kroon Kiosk Account, being the record maintained by us of the transactions and sales you conduct on the Kroon Platform.
1.2.      “Cash” means the lawful currency of the Country you reside in;
1.3.      “Kroon Merchant” means a person or entity involved in the retail and wholesale trade of goods and or services;
1.4.      “Kroon Network” means the ecosystem of fintech solutions inter linked for the benefit of the Kroon Kiosk User accessed through the Peer-to-Peer network of the Kroon Platform;
1.5.      “Kroon Services” means the Peer-to-Peer services provided by Blekie Technologies including issuance, management and redemption of Kroon Tokens;
1.6.      “Kroon System” or “Kroon Kiosk App” or “Kroon Platform” means the system operated by Blekie Technologies providing the Kroon Services and the Kroon Network;
1.7.      “Kroon Tokens” means the token value depicted in your Kroon Account representing the amount of Kroon Tokens held by you for use on the Kroon platform in your country and which may be bought back by the Kroon platform for the same amount in fiat currency after the deduction of the buyout “Cashout” fee and VAT, only applicable in countries where Kroon App is operated by Velvet Technologies;
1.8.      “Kroon User” means any person or entity that participates on the Kroon System by using the Kroon Services, includes any person that facilitates the redemption of Kroon Tokens where applicable;
1.9.      “Password” means your personal identification number being the password you choose to access and operate your Account and includes the one-time 6-digit PIN sent to you on registration for the purpose of activating your Account;
1.10.    “Registration Form” means the registration form completed during the sign-up process and containing registration details as well as your acceptance of these Terms and Conditions;
1.11.    “You” or “Your” means the Kroon User who has registered to use the Kroon Kiosk Application and Services.

2. Service Description

2.1.      Blekie Technologies operates and owns the Kroon Kiosk Platform “Kroon Kiosk”.
2.2.      Kroon Kiosk is available globally. Kroon Kiosk and Kroon App works together as one solution in the following regions Nigeria, Ghana, Kenya, Uganda, Rwanda and Tanzania. Your understanding and differentiation of the Kroon Kiosk and Kroon App is hereby acknowledged by your acceptance of these Terms and Conditions.
2.3.      You may register for a Kroon Kiosk Account by downloading the Kroon Kiosk Mobile Application on a mobile application store platform or the link found on our website at https://www.kroonapp.com/merchants
2.4.      Blekie Technologies may in its absolute discretion restrict or limit the number of accounts you may operate at any one time.
2.5.      By registering to use the Kroon Kiosk Service you agree to these Terms and Conditions (the “Terms and Conditions”), which shall form a legally binding agreement between you and Blekie Technologies.
2.6.      Blekie Technologies may in its absolute discretion refuse to register or revoke the registration of any person on the Kroon Kiosk Platform.
2.7.      You acknowledge that Kroon Kiosk is neither a bank nor a deposit-taking institution or financial services provider.
2.8.      All charges applicable to the Kroon Kiosk service are set forth in a separate fee schedule available on the Kroon website and are subject to change at any time at Blekie Technologies’ sole discretion. Subscriptions to the Kroon Kiosk platform is charged in US Dollar and can be charged on a monthly or annual basis as per the decision of the Kroon User.

3. Account Opening and Maintenance

3.1.      The following conditions must be met before opening a Kroon Kiosk Account in your name:
3.1.1.   You must be at least 16 years old with capacity to enter into contracts.
3.1.2.   You must provide sufficient proof of identification (ID) if so required by legislation in your country. For the purpose of this agreement, sufficient proof of (ID) shall be an original national ID card; original Alien Certificate, Valid Passport if you are a foreign national. Copies of the ID provided may be retained by Blekie Technologies for purposes of authentication.
3.1.3.   You must not provide any false, inaccurate, incomplete or misleading information.

3.2.      You are responsible for ensuring that your registration details are maintained and up to date.
3.3.      Blekie Technologies may reject your application at its discretion if any of the account opening requirements are not met or if you fail to provide us with satisfactory proof of identification.
3.4.      Blekie Technologies reserves the right to request further information pertaining to your account, at any time, failure to provide such information may result in limitation on usage of the Kroon Kiosk Service, suspension or termination of the account.
3.5.      You must not maintain more than two Kroon Kiosk Accounts.
3.6.      For the avoidance of doubt Blekie Technologies shall not be obliged to adduce evidence in any civil or criminal court in relation to the contents of any transaction you have done on the Kroon Kiosk Platform.

4. Privacy Policy

4.1.      Blekie Technologies recognizes the importance of protecting the privacy of all information provided by users of the Kroon Kiosk Platform. This statement is meant to affirm our utmost respect for your rights to privacy.
4.2.      Blekie Technologies collects personally identifiable information that we use to profile Kroon Users and administer individual Kroon Accounts, update Kroon databases, and provide Kroon Users support.
4.3.      Save as provided hereunder, Blekie Technologies does not share your personal information with unauthorized persons and adequate safeguards have been put in place to prevent unauthorized access and to ensure confidentiality of your personal information.
4.4.      You acknowledge that Blekie Technologies may verify your identity information through publicly available and/or restricted government databases in order to comply with regulatory requirements.
4.5.      You accept that Blekie Technologies shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.
4.6.      Blekie Technologies employees who handle personal information are under an obligation to treat it confidentially and may not disclose it to unauthorised third parties. Blekie Technologies employees are also responsible for the internal security of the information. Employees who violate Blekie Technologies’ privacy policies are subject to a range of disciplinary actions.
4.7.      Any person submitting any information to Blekie Technologies through the Kroon Kiosk Platform may be granted access rights to that information. Blekie Technologies has developed systems that enable access and correction of information submitted to it.

5. Account Usage

5.1.      After your account has been opened and activated, you will be able to use the following function:
5.1.1.   create your store;
5.1.2.   upload all your store inventory whether products or services;
5.1.3.   create reports of your store;
5.1.4.   add employees;
5.1.5.   track sales;
5.1.6.   track inventory; and
5.1.7.   track employees.

5.2.      Blekie Technologies does not warrant that all functionalities shall be available at all times and may withdraw any functionality or the Kroon Kiosk Service in general as a direct result of new or amended legislation, statutory instrument, Government regulations or policy or any other compelling reason.
5.3.      Blekie Technologies may provide additional functionality on the Kroon Network following integration with platforms of financial institutions and other entities providing you with specified services. Such functionality may give you limited access to platforms of the financial institutions or other entities. By using such functionality to gain access to other platforms, you hereby agree to indemnify Blekie Technologies against, and hold Blekie Technologies harmless from any losses arising from your access to such external platforms.
5.4.      In the event of any review of our business planning, technical, public interest or operational reasons, changes within the industry, recommendations from regulatory bodies or similar events, Blekie Technologies may vary these Terms and Conditions or policies affecting usage and shall notify you of such changes through appropriate means. Your continued use of the Kroon Service shall be deemed to be your acceptance of all such varied terms and conditions or polices.

6. Kroon Access Responsibility

6.1.      Access to the Kroon Kiosk Service is password protected. You hereby agree to guard your password and not to disclose it to any third party including Kroon Agents, Blekie Technologies staff or any person purporting to have authority to ask for it.
6.2.      You acknowledge that you shall be solely responsible for the security of your password. Blekie Technologies shall not be liable for any disclosure of your password to any third party and you hereby agree to hold Blekie Technologies harmless from any losses that result from any password disclosure.
6.3.      You are responsible for all instructions given to Blekie Technologies in relation to your Kroon Account.
6.4.      Blekie Technologies shall deem each correct password entry as being performed by the legitimate owner of the Kroon Account and shall regard all subsequent Transactions as validly performed by you.

7. Intellectual Property

7.1.      All intellectual property rights in the Kroon Kiosk Service including the Kroon App, KroonMan and Kroon Tokens trademarks are the property of Blekie Technologies and/or its affiliates and subsidiaries. Any unauthorized reproduction, modification, distribution or republication of Kroon materials or intellectual property, without the express prior written consent of Blekie Technologies and/or its affiliates is strictly prohibited.

8. Fees

8.1.      You are responsible for the payment of all applicable fees. Blekie Technologies publishes fees payable on the Kroon website.
8.2.      All fees are deducted at source and are subject to change at any time at Blekie Technologies’ sole discretion.
8.3.      Fees payable on each Transaction will be deducted from your Kroon Account at the completion of each Transaction. Your new balance on completion of the Transaction shall be updated accordingly.
8.4.      Except as may otherwise be notified, fees are exclusive of all applicable taxes including Value Added Tax “VAT” at the prevailing rate of the local country except for purchases that will always be levied at the rate of 0% as prescribed by the UAE laws.

9. Suspension, Termination & Freezing

9.1.      Blekie Technologies reserves the right at its sole discretion to suspend or terminate the agreement if you use the Kroon Kiosk account for unauthorized purposes.
9.2.      You acknowledge that Blekie Technologies may be compelled by law to suspend and/or freeze your Account or decline to execute your Transaction requests if there are reasonable grounds to suspect that an Account has been or is being used in connection with any criminal or fraudulent activity.
9.3.      You may request your Account to be closed at any time by giving written notice to Blekie Technologies addressed to: Kroon Kiosk App, Blekie Technologies Limited, using the email address closeaccount@Kroonapp.com. Blekie Technologies shall act on such instructions.
9.4.      This agreement terminates automatically upon the death of the Kroon User who has signed up for the Kroon Services.

10. Warranties, and Limitation of Liability

10.1.    Blekie Technologies will report any suspicious account activity to its Money Laundering Reporting Officer (MLRO). The MLRO may escalate the suspicious activity to the relevant law enforcement authority.
10.2.    You agree to indemnify and hold Blekie Technologies harmless against any claim brought against Blekie Technologies by a third party resulting from your breach of these Terms and Conditions.

11. Dispute Resolution and Governing Law

11.1.    You may contact Blekie Technologies Customer Care (customercare@Kroonapp.com) for any disputes, claims. Blekie Technologies Customer Care shall handle the report in accordance with Blekie Technologies’ standard complaint handling procedures.
11.2.    In certain circumstances Blekie Technologies in conjunction with participating merchants or agents may provide for dispute resolution mechanisms. You agree to abide by such mechanisms as may be advised by Blekie Technologies or the participating merchants/agents from time to time.
11.3.    Any dispute arising out of or in connection with this Agreement that is not resolved by Blekie Technologies Customer Care may be brought to the attention of the Blekie Technologies Manager responsible for the operations of the Kroon Kiosk Services for resolution.
11.4.    To the extent permissible by Law, should the dispute not be resolved as per the above terms the parties can agree to an arbitration. The determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
11.5.    Nothing in this section shall be deemed to exclude any legally recognised dispute resolution body from receiving, hearing and determining the dispute.
11.6.    This Agreement shall be governed by and construed in accordance with the laws of the UAE and in special instances by the laws of the local government in the region where the Kroon Kiosk is operational.

12. Disclosure & Data Retention

12.1.    You hereby expressly consent and authorize Blekie Technologies to disclose any Transaction data or information pertaining to your Kroon Kiosk Account to any law enforcement, investigative or regulatory authority, or any competent Anti-Money Laundering authority for the purposes of any genuine enquiry or investigation or to any third party to which you have separately, either in writing or electronically through the Kroon Kiosk System or otherwise, authorised Blekie Technologies to disclose Transaction data or information pertaining to you or your usage of Blekie Technologies Products and Services, including your Kroon account provided that any consent given to Blekie Technologies to disclose information to any third party (not being a law enforcement, investigative or regulatory authority) pursuant to this clause may be withdrawn at any time.
12.2.    You acknowledge that Blekie Technologies may retain your Transaction data for a period of up to seven (7) years or as may be required by any law or regulation.

13. Force Majeure

13.1.    Neither Party shall be liable to the other Party for any delay or failure to perform its obligations under these Terms and Conditions as a result of revolution or other civil disorders; belligerent aggression by an enemy; strikes; lack of available resources from persons other than parties to this Agreement; labour disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least thirty (30) days then either Party may terminate their engagement by notice in writing to the other. Upon such termination all Kroon Tokens held in account for you in the Kroon System shall be made good to you after the necessary service fees and tax deductions.

14. General

14.1.    You acknowledge that these Terms and Conditions are subject to amendment, modification or variation from time to time if required by, or found to conflict with, applicable law or regulation or otherwise without affecting the validity or enforceability of the remaining provisions.
14.2.    These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior terms. In the event of inconsistency between these Terms and Conditions and previous editions, this version will prevail.
14.3.    These Terms and Conditions may be amended by Blekie Technologies from time to time as Blekie Technologies introduces new Kroon functionalities. Such amended Terms and Conditions may be published in posters or pamphlets available at Kroon Agent Outlets, in the daily newspapers and/or on the Blekie Technologies/Kroon website from time to time and shall take effect immediately upon publication.
14.4.    Blekie Technologies’ failure to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of any such right nor shall it prevent Blekie Technologies from exercising or enforcing the rights in question at any time.
14.5.    You may not transfer any rights or obligations you may have under this Agreement without Blekie Technologies’ prior written consent.
14.6.    You must not use the Kroon service for the receipt of or payment for goods or services that offend or circumvent any law including without limitation, narcotic drugs, firearms, obscene or pornographic material or services, participation in pyramid or ponzi schemes, infringement of third party intellectual rights, running illegal or unauthorised lotteries, gaming or gambling, as well as material that is morally repugnant; incites violence or desires to cause harm; induces an unacceptable sense of fear or anxiety; encourages or incites any person to engage in dangerous practices or to use harmful substances; induces or promotes tribal, religious or racial disharmony; causes grave or widespread offence; or debases, degrades or demeans others.
14.7.    You acknowledge that Kroon Agents and Merchants are independent contractors and Blekie Technologies shall not be liable for the acts or omissions of Kroon Agents and Merchants.