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Last Updated: 30th September 2023
Welcome to KrownPay!
Please read these Terms of Service (“Terms”) carefully before using KrownPay (the “Service”), operated by KROWNPAY PTY LTD (“we,” “us,” or “our”). By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
1. Use of the Service
1.1. You must be at least 18 years old to use this Service.
1.2. You agree not to use the Service for any illegal or unauthorized purpose.
1.3. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.4. Account Responsibility: You are solely responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach of your account.
2.Content
2.1. Content Ownership: You retain ownership of the content you submit or upload to the Service.
2.2. Feedback: By providing feedback or suggestions regarding the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such feedback for any purpose without any obligation to compensate you.
2.3. User Content Usage: You grant us the right to use the content you submit, including images, in accordance with our Privacy Policy. Please refer to our Privacy Policy [link to your Privacy Policy] for more details on how we use and handle your content.
2.4. Retention of User Content: Even after you delete your account, some of your user content or duplicates thereof may be retained for archival, backup, and other operational purposes in accordance with our Privacy Policy.
3.Unauthorized Use and Restrictions
3.1. You agree not to use the Service for any unauthorized purposes, including but not limited to:
– Copying, reproducing, or distributing content without proper authorization.
– Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Service.
– Avoiding or evading any fees or charges associated with certain functionalities of the app.
– Reusing or sublicensing the Service without our express written consent.
– Using our marks, trademarks, or logos without our prior consent.
3.2. Peer-to-Peer Transactions: All transactions between users on the Service are conducted peer to peer through smart contracts.
4. Fees for Certain Functionalities
4.1. Fees: Certain functionalities of the app may involve fees or charges. These fees will be clearly disclosed to you within the app or before you use the specific functionality. By using these functionalities, you agree to pay the applicable fees.
4.2. Third-Party Fees: Please note that fees associated with third-party services are not charged by KrownPay, and we have no control over third-party rates and fees. You are solely responsible for understanding and agreeing to any fees imposed by third-party services, and any disputes related to third-party fees should be resolved directly with the third-party service provider.
4.3. Third-Party Applications: When using third-party applications, please be aware that you are not sending your tokens or funds to KrownPay. These applications are independently operated and have their own terms and conditions. You are solely responsible for understanding and agreeing to the terms and conditions of third-party applications.
5. Acceptable Use and Enforcement Rights
5.1. Acceptable Use: You agree to use the Service in a manner consistent with all applicable laws and regulations. You may not use the Service for any unlawful, harmful, or fraudulent activities. We reserve the right to determine what constitutes unacceptable use of the Service.
5.2. Enforcement Rights: We reserve the right to take appropriate actions, including but not limited to account suspension or termination, if we determine, in our sole discretion, that you have violated these Terms or engaged in unacceptable use of the Service.
5.3. Lack of Financial Regulation: You acknowledge that KrownPay has not been licensed by any financial regulator, including but not limited to the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Australian Transaction Reports and Analysis Centre (AUSTRAC).
6. Warranty Disclaimer
6.1. No Warranty: The Service is provided “as is” and “as available” without any warranties, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2. No Guarantee: While we strive to provide accurate information on the site, you acknowledge that we may provide information that is subject to change and may contain errors or inaccuracies. Our provision of information on the site should not be seen as a commitment to the correctness of the site. Customers are responsible for independently verifying all information on the site.
6.3. Independent Verification: You are responsible for independently verifying the accuracy and completeness of any information provided on the site before making any decisions or taking any actions based on that information.
6.4. Acknowledgment of Risks: You acknowledge and understand that the crypto and blockchain space involves inherent risks, including but not limited to:
– Price Volatility: Cryptocurrency prices can be highly volatile and may result in significant financial losses.
– Regulatory Changes: Regulatory environments for cryptocurrencies and blockchain technologies can change, affecting your ability to use the Service.
– Fake Tokens: There is a risk of encountering fake or fraudulent tokens or projects. You should exercise caution and conduct your own due diligence.
– Security Risks: The security of cryptocurrency wallets and transactions can be compromised. It is your responsibility to take appropriate security measures.
6.5. Evaluation of Code: The system is subject to flaws, and you are solely responsible for evaluating any code provided by the Site or Services.
6.6. Blockchain Transactions: You acknowledge that transactions on the blockchain are irreversible, and there are inherent risks associated with carrying out transactions. Every transaction on the blockchain is solely the responsibility of the user.
6.7. Fluctuations and Interruptions: We are not liable for any interruption, increase in fees, or fluctuation in the blockchain networks we support.
7. No Professional Advice or Fiduciary Duties
7.1. Not Professional Advice: The information provided by the Service is for general informational purposes only and should not be considered professional advice. You should not rely on the information provided by the Service as a substitute for professional advice, including but not limited to financial, legal, or medical advice.
7.2. No Fiduciary Duties: We do not owe any fiduciary duties to you. Your use of the Service does not create any fiduciary relationship between you and KrownPay.
7.3. Release of Liability: You expressly waive and release the KrownPay Parties from any and all liability, claims, causes of action, or damages arising from, or in any way related to, your use of the Site and Services, including your interactions with other users.
8. Dispute Resolution
8.1. Dispute Resolution Process: If you have any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or any interaction with other users, you agree to first attempt to resolve the matter informally by contacting us at [Contact Email]. We will make good faith efforts to resolve disputes promptly.
8.2. Arbitration: If an informal resolution cannot be reached, you and KrownPay agree to resolve any such dispute through binding arbitration conducted by the NSW Civil & Administrative Tribunal (NCAT) in accordance with its rules. The decision of the arbitrator shall be final and binding. Each party shall bear their own costs and attorneys’ fees associated with the arbitration.
8.3. Class Action Waiver: You and KrownPay agree that any arbitration or legal proceeding shall be conducted on an individual basis, and not as a class, collective, or representative action. You hereby waive any right to participate in a class action lawsuit or class-wide arbitration.
8.4. Governing Law: These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of Australia.
8.5. Venue: Any legal action or proceeding relating to these Terms or your use of the Service shall be instituted in the courts of [Your Jurisdiction], and you consent to the personal jurisdiction of such courts
9. Termination
9.1. Termination by User: You may terminate your account at any time by following the instructions within the Service. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9.2. Termination by KrownPay: We reserve the right to terminate or suspend your account and access to the Service at our sole discretion, without notice, for any reason, including but not limited to a breach of these Terms.
10. Contact Information
10.1. If you have any questions or concerns about these Terms, please contact us at support@krownpay.com.