APPLICATION OF TERMS

These Terms apply to your use of the Service (as that term is defined below). By setting up an account, accessing and using the Service:

  • you agree to these Terms; and
  • where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. You must hold a valid credit card or bank account at all times to pay the Fees.

CHANGES

We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.

These Terms were last updated on December, 2019.

INTERPRETATION

In these Terms:

  • Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Krenai Software. Your Confidential Information includes the Data.
  • Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service, including Purchaser data.
  • Fees means the applicable fees set out on our pricing page on the Website at www.krenai.com/pricing-plan.html or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause.

including and similar words do not imply any limit.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Merchant Privacy Policy means our merchant privacy policy available from time to time on the Website.

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

a party includes that party’s permitted assigns.

a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.

personal information means information about an identifiable, living person.

personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.

Year means a 12-month period starting on the Start Date or the anniversary of that date.

PROVISION OF THE SERVICE

We must use reasonable efforts to provide the Service:

  • in accordance with these Terms and India law;
  • exercising reasonable care, skill and diligence; and
  • using suitably skilled, experienced and qualified personnel.

Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.

We must use reasonable efforts to ensure the Service is available on a 10 hours per day basis. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We must use reasonable efforts to publish on the Website advance details of any unavailability.

Through the use of web services and APIs, the Service interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Krenai may receive a revenue share from Third Party Providers that Krenai recommends to you or that you otherwise engage through your use of the Services. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.

YOUR OBLIGATIONS

You and your personnel must:

  • use the Service in accordance with these Terms solely for your own internal business purposes; and lawful purposes without violating any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction or the laws of India; and
  • not resell or make available the Service to any third party, or otherwise commercially exploit the Service.

When accessing the Service, you and your personnel must:

  • not impersonate another person or misrepresent authorisation to act on behalf of others or us;
  • correctly identify the sender of all electronic transmissions;
  • not attempt to undermine the security or integrity of the Underlying Systems;
  • not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
  • not attempt to view, access or copy any material or data other than, that which you are authorised to access; and to the extent necessary for you to use the Service in accordance with these Terms; and
  • neither use the Service in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
  • be responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a unique name and/or password (User ID), you must keep your User ID secure and:

  • not permit any other person to use your User ID, including not disclosing or providing it to any other person;
  • will not hold us liable for any loss or damage from your failure to maintain the security of your User ID and/or password; and
  • immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to [email protected]
  • You must use the Service, including Krenai store, in accordance with all procedures we may notify to you from time to time.
GENERAL

We reserve the right to refuse service to anyone for any reason at any time.

Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.

No person other than you and us has any right to a benefit under, or to enforce, these Terms.

For us to waive a right under these Terms, that waiver must be in writing and signed by us.

we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.

If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing [email protected]

These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the laws of Singapore. Each party submits to the non-exclusive jurisdiction of the Courts of Singapore in relation to any dispute connected with these Terms or the Service.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date.

You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.

Ecommerce platform

Krenai Ecommerce platform includes web based software where You can create your online Ecommerce store and the related support services provided to You, including store, dummy text, images and other content provided by Krenai. Any new features added to or augmenting Krenai Ecommerce platform and related services are also subject to these Terms.

Verification of account

We use many techniques to identify You when You register on the Krenai. To comply with legislative requirements, and global sanctions, we screen our customer accounts and may collect information from You to satisfy such requirements and sanctions. We may request that You provide us with documentation to help prove Your identity for business verification purposes if required. Under these terms of use, You authorize Krenai, directly or through third parties, to make any inquiries we consider necessary to validate you and your account registration.

Store admin security

While registration, you must created username and password to login into your store admin. You are responsible for entering a unique password in order to gain access to your store admin. All users who access the Krenai Ecommerce platform do so with User account(s), which are created by them at the time of sin up at Krenai website. You are responsible for maintaining the confidentiality of your user account information and your password. You agree to accept responsibility for all activities and changes to data that occur under your user account(s) or password(s).

Content at your store

You are solely responsible for the accuracy of the content displayed at your store created at Krenai. You agree to indemnify Krenai, its related companies, officers, employees and its suppliers against liability or loss arising from, and cost incurred in connection with any content entered into Krenai Ecommerce platform under your store account

Software Interruption

Krenai may make changes to the Krenai Ecommerce platform from time to time. Should changes be made to any module of the system that could affect your store operation. You may or may not be notified of such change.

To apply upgrades and other changes to the Software, Krenai Ecommerce platform may be made temporarily unavailable. To minimize impact to your usage of the system, Krenai will attempt to make any outages as short as possible and at a time of day where system usage is at its minimum.

Fees Payment

The Krenai service is made available on a pay-as-you-go basis. The Krenai service is billed to you on a monthly, quarterly or yearly basis depends on plan period you selected and is non refundable.

For any upgrade in plan level part way through the month, you will be charged a pro-rated amount for the current month, and then the amended fee from the following month onwards. There is no option to downgrade your account. If you delete your account in any case, Krenai does not accept any liability for deletion of your account or its entire data.

Prices of all services, including but not limited to monthly fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time. Your Krenai store account may be suspended or terminated if you do not pay the fees as they fall due.

Service Confirmation

After subscribing to Krenai Ecommerce platform online, you will receive an email confirmation for registration containing your username and password for your store admin (if you have provided your correct email address).

If you wish to query access to your service, please email at: [email protected]

Property Rights

You acknowledge and agree that Krenai owns all right, title and interests in and to the Krenai Ecommerce platform that accompanying documentation and printed materials, and any copies of the Krenai Ecommerce platform. Krenai does not grant You any right, title or interest in or to the Krenai Ecommerce platform.

The URLs representing the Krenai website (s), and all related logos of our products and services described in our website(s) and in admin are either subject to copyright, trademark or existing registered trademark ownership by Krenai and may not be copied, imitated or used, in whole or in part, without the prior written permission of Krenai.

Disclaimer and Warranties

Krenai makes no warranties hereunder, and Krenai expressly disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Krenai further disclaims all representations and warranties, express or implied, that the platforms do not infringe or otherwise violate any intellectual property or other proprietary right of any third party in any jurisdiction, including, but not limited to, the territory. You understands and agrees that the platforms may not satisfy all of your requirements and may not be uninterrupted or error-free.

Limitation of Liability

Krenai shall have no liability with respect to the platforms or its obligations under this agreement or otherwise for any indirect, consequential, exemplary, special, incidental or punitive damages even if Krenai has been advised of the possibility of such damages. In any event, Krenai’s liability to you under this agreement for any reason will be limited to the amounts paid to you by Krenai which you were paid as subscription fee during the six (6) month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of terms os service, breach of warranty, negligence, strict liability, misrepresentations, and other torts.

To the extent permitted by law, Krenai expressly excludes:

  • All conditions, warranties and other terms whether expressed or which might otherwise be implied by common law
  • any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
  • loss of profit;
  • loss of income or revenue;
  • loss of business or contracts;
  • loss of data;
  • loss of goodwill and reputation;
  • loss of expectation;
  • loss of opportunity; or
  • loss arising out of or in connection with wasted management or office time;

arising and whether caused by tort (including negligence), breach of terms of service or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. Nothing in these Terms shall serve to limit or exclude Krenai’s liability for death or personal injury resulting from Krenai’s negligence or any liability for fraudulent misrepresentation.

Cancellation Policy

You can cancel your subscription plan any time. If you want to cancel your subscription plan prior to your subscription renewal date, you can delete your store by login into your store admin or you can send store subscription cancellation request by emailing us at [email protected]

If you choose to terminate your store subscription prior to the end of your plan subscription, no refunds or no credits will be provided for payment you made for your store subscription. At the time of termination or after the termination, Krenai reserves the right to delete all your store content and related details of your store. Your content cannot be recovered once your Subscription is cancelled.

  • Monthly Subscriptions -
  • If you have opted for Monthly Subscription model and you decide to cancel your subscription, we will cancel your subscription at the end of the month as you would have already paid for that month in advance on the same date of the month which your first month began with.

  • Annual Subscriptions -
  • We prefer to give you the flexibility to choose. In exchange for you signing up for an annual up-front commitment, we offer you a significant discount over the already-low monthly subscription cost. If during the annual subscription you decide to cancel your subscription. We will close your account on last date of requested month, no refunds or no credits will be provided for payment you made for your store subscription.

Survival Note

Intellectual Property Rights, Cancellation and Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Assignment; Entire Agreement; Revisions, Severability, and Governing Law will survive any termination of these Terms.