Terms and Conditions
- 1. General
- 2. Acceptance of Terms and conditions
- 3. Elligibility
- 4. Price of the Products
- 5. Delivery of the Products
- 6. Account Registration and Security
- 7. Ownership; Grant; Restrictions on Grant
- 8. Third-Party Service Providers
- 9. Disclaimer of Warranty
- 10. Limitation of Liability
- 11. Indemnification
- 12. Personal data
- 13. General Provisions
- 14. Contacting Kinesis
The owner of the website (https://kinesis.money/) (the”Site”) is Kinesis Cayman (“Kinesis”), a company specializing in the digitalisation of physical bullion. Kinesis sells branded CoolWallet S, CoolWallet S Duo and any future accessories (the “Products”) through the Site and other platforms or stores. Any technology associated with CoolWallet S, is owned and operated by CoolBitX (www.coolwallet.io).
The following terms and conditions (the “Terms and Conditions”) apply between Kinesis and any user who accesses, uses or purchases Products on the Site (referred to herein as ”user”, ”you” or “your”). You must read the Terms and Conditions carefully before using this Site.
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU FULLY UNDERSTAND THE TERMS AND CONDITIONS; AND (B) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS TO THE SITE OR PURCHASE PRODUCTS ON THE SITE.
THE TERMS AND CONDITIONS IS A BINDING AGREEMENT BETWEEN YOU AND Kinesis AND Kinesis RESERVES THE RIGHT TO UPDATE THE TERMS OF CONDITIONS AT ANY TIME. THE TERMS AND CONDITIONS MAY BE AMENDED, CHANGED, OR UPDATED BY Kinesis AT ANY TIME AND Kinesis WILL NOTIFY YOU OF THE CHANGES SO YOU CAN DECIDE WHETHER TO CONTINUE ACCESSING THE SITE PURSUANT TO THE SUBSEQUENT VERSION(S) OF THE TERMS AND CONDITIONS. PLEASE NOTE THAT AFTER THE EFFECTIVE DATE OF ANY AMENDMENTS, CHANGES, OR UPDATES, IF YOU DO NOT AGREE TO ANY SUCH SUBSEQUENT AMENDMENTS, CHANGES, OR UPDATES, YOU WILL NOT BE ABLE TO CONTINUE USING THIS SITE.
2. Acceptance of Terms and conditions
By accessing the Site or purchasing Products on the Site by any means (including but not limited to via, devices or services provided by any other third party), you are deemed to have accepted and agreed to be bound by the Terms and Conditions, which may be modified in accordance with Section 11.1 of the Terms and Conditions.
You must be a major and must be of full legal capacity under the laws applicable to you to access and use the Site and purchase Products on the Site. If you are a minor or a person of limited legal capacity under the laws applicable to you, please do not use this Site. If you continue to use this Site despite the fact that you are a minor or a person of limited legal capacity, you shall be responsible for all legal and financial responsibility and liabilities resulting therefrom, and Kinesis shall have the right to claim against you and your legal guardian for damages caused to Kinesis as a result of such access or use. In addition, Kinesis shall have the right to deactivate, suspend, or terminate your user account.
4. Price of the Products
4.1 – The price of the Products shall be the displayed price on the Site, and Kinesis reserves the right, at its sole discretion, to modify the displayed price of any Products or to provide discounts at any time.
4.2 – The displayed prices of the Products shall be exclusive of the shipping fare and/ or customs duties and/or local taxes and/or any fee related to customs clearance applicable to the users:
(a) – Shipping fare: you shall bear the shipping fare, which may change depending on the size/weight of the package, the carrier’s rate and the delivery destination. Kinesis might occasionally wave the shipping fare for special events and indicate on the shopping cart section.
(b) – Customs duties and/ or other local taxes and/or any fees related to customs clearance: you shall bear the customs duties and/ or local taxes and/or any fees related to customs clearance that may occur relating to the import of the Products depending on your designated delivery address. You shall confirm with your local authorities on the customs duties and/ or local taxes and/or any fee related to customs clearance relating to the import of the Product(s). If you refuse to clear the customs or pay the taxes or fees for the import of the Products, you shall be solely responsible for any disposal of the Products conducted by the customs or local authorities, and Kinesis shall not be liable for any damage or loss caused by such an event.
4.3 – Payment shall be made when ordering the Products. If payment for the Product is not duly received, Kinesis may, at its sole discretion, suspend, terminate or cancel the orders and delivery of the Products. Kinesis reserves the right to decline any order of Product from any geographical location, any credit card, payment address or payment method, for any reason whatsoever, including without limitation for the suspicion of use of fraudulent or stolen credit cards or other suspicious activities. Further identification validation process might be needed for any reason whatsoever, including without limitation for the suspicion of use of fraudulent or stolen credit cards or other suspicious activities.
4.4 – We do not offer any return or refund for the Products, except in the following circumstances:
(a) – if 30 days have elapsed after your payment, and we are unable to start the shipping process; or
(b) – if mandated by applicable laws of the jurisdiction where you reside in.
5. Delivery of the Products
5.1 – The Products are delivered to the designated delivery address specified by the user when purchasing the Products. Depending on your delivery address, one or more transport service providers may be engaged to provide shipping services at our discretion. Kinesis cannot and does not guarantee any specific delivery date or time, which will depend on the geographical destination of the order and the transport service provider(s), and may be affected by unforeseen circumstances such as weather, earthquake, accidents or other force majeure events. By ordering the Product, you agree that Kinesis will not be held liable or responsible for any delay or non-delivery of Products for any reason.
5.2 – Upon receipt of the Products, you shall conduct the inspection of the Products immediately. In the event of any shortage, pre-existing damage, defect or discrepancy in or to the Products for which Kinesis is responsible, you shall notify Kinesis within 7 days after delivery.
6. Account Registration and Security
6.1 – When purchasing Products on the Site, you may choose to register a user account for accessing the Site. During the registration process, you will be required to provide certain personal information and establish the user account and the password. By registering or by accessing the Site, you are deemed to agree to (a) provide accurate, current and complete information about you and promptly update such information thereafter to keep it accurate, current and complete; (b) maintain the security of your identification; and (c) accept all risks arising out of inaccurate, outdated or incomplete of information.
6.2 – Kinesis reserves the right, at its sole discretion, (a) to refuse to provide Products to any legal entity; and (b) to temporarily or permanently deactivate, suspend, or terminate your user account or the orders of the Products if (i) any information provided during the registration process or later is inaccurate, not current or incomplete; or (ii) activities or actions under your user account is alleged to be infringing the Terms and Conditions set forth herein.
6.3 – You shall not share your user account or password with any other third party, and you shall take reasonable measures to and due care in keeping your user account and password confidential and preventing your user account and password from being used by any other third party. You agree to take sole responsibility for any activities or actions under your user account, whether or not you have authorized such activities or actions. You will immediately notify Kinesis of any unauthorized use of your user account.
7. Ownership; Grant; Restrictions on Grant
7.1 – You acknowledge and agree that Kinesis hereby grants you a non-transferable and non-exclusive license to use the Products solely for your personal and non-commercial purposes (except otherwise agreed by Kinesis) and that Kinesis retains ownership of all right, title and interest to the Products and the Site, and the intellectual property rights therein and thereto (including without limitation, all patent rights, design rights, copyrights, trademarks and trade secret rights) subject to the license granted in this Article 6.
7.2 – Except as otherwise specifically permitted under the Terms and Conditions, you may not:
(a) – copy, imitate, develop or reproduce the Products, including without limitation the model, design, interface, appearance and layout;
(b) – create any derivative works of any Products, including without limitation the model, design, interface, appearance and layout;
(c) – reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any part of any Products;
(d) – disseminate malicious software, programs, virus, worm or in another manner that destroys or crash the Products;
(e) – distribute, transfer, sell, rent, lease, sublicense, or grant your user account to any other third party; or
(f) – remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Products.
8. Third-Party Service Providers
Kinesis may use or collaborate with any third party service(s) to assist in providing the Products and enhance Kinesis’s services (each such service shall be referred to hereinafter as a “Third Party Service”). You hereby consent and authorize Kinesis to cooperate with such Third Party Services from time to time as Kinesis deems necessary. You acknowledge and agree that only the service providers providing such Third Party Services shall be responsible for any and all claims, liabilities, losses, damages, hacks, unauthorized access or use that arise as a result of or are associated with any Third Party Services. You also agree that Kinesis is not responsible or liable for: (i) the availability or accuracy of any Third Party Service; or (ii) the content, products, or services on or available from any Third Party Service. Cooperation with any Third Party Service does not imply any ownership, control, or sponsorship by Kinesis of a Third Party Service or of the content, products, or services available from any Third Party Service.
9. Disclaimer of Warranty
9.1 – The Products provided hereunder may contain certain issues that have not been identified. Kinesis provides the Products on an “as is” basis. You are advised to use the Products with caution, and you must follow strictly all backup and recovery measures as detailed in the Product documentation. They are prerequisites that you must follow before using the Product(s), and they may enable you to recover any cryptocurrency, tokens or value that you store on the Product(s) in the event of defect, malfunction, battery issues or other deficiencies or issues. You specifically acknowledge and agree that (i) you shall not solely rely on the Product(s) for the storage of any cryptocurrency, tokens or value; (ii) there is always the possibility that electronic cards such as the Products could fail at any time due to the external environment, misuse, defect or any other reason, and that in no event shall Kinesis be responsible for any loss of cryptocurrency, token or value associated with the use of the Product(s); (iii) you are solely responsible for keeping up with the latest technical information, firmware and software of the Product(s); and (iv) the sole liability of Kinesis in relation to any defect, malfunction, battery issues or other deficiencies or issues shall be the replacement of the Product(s) in question.
9.2 – The warranty for the Products is for 12 months. If the Product is not working within 12 months of normal use, please contact Kinesis and send the Product back to us after backing-up the information and data relating to the Product(s). Kinesis will send you a new Product (that does not contain any of your preexisting information, data, stored cryptocurrencies, tokens or digital keys) within 2 weeks (subject to spare cards stock availability) from receiving the non-working Product from you.
9.3 – Kinesis makes no warranty that Kinesis will continue to offer or make the Products available, including without limitation any particular software for any particular length of time. Kinesis reserve the right to change and update the Products and any software without prior notice to you. Kinesis specifically disclaims all implied warranties.
9.4 – The foregoing disclaimer shall apply to the fullest extent permitted by law and shall survive any termination or expiration of the Terms and Conditions or your use of the Products.
10. Limitation of Liability
10.1 – You should be responsible for the security of your user account, including but not limited to maintaining adequate security and control of any and all usernames, passwords, or other personal information.
10.2 – You are solely responsible for the way you use, store, and back up your information and data relating to your cryptocurrencies in connection with the Products. Kinesis shall not be held liable for any loss or damage in the event the users lose the Product(s) or if the Product(s) malfunction or become defective.
10.3 – You acknowledge and agree that, to the fullest extent permitted by law, Kinesis’s cumulative liability to you or any party related to you and other users of the Product(s) for any loss or damages arising out of or relating to the Terms and Condition, or access or use of the Product(s), shall be limited to the replacement of the Product(s). This limitation applies to all clause of action or claims in the aggregate, including but not limited to, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation, and other torts. In no event shall Kinesis or any other company or individual involved in creating, production, or delivering the Products be liable to you or other users of the Products or any party related to you or other users of the Products for any indirect, incidental, consequential, special, exemplary, or punitive damages or lost profits, even if Kinesis has been advised of such possibility.
10.4 – You acknowledge and agree that, in no event shall Kinesis be liable for any damage or loss that is not reasonably foreseeable.
11.1 – You agree to defend, indemnify, and hold Kinesis, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of the Terms and Conditions; and/or (b) your violation of any third-party right, including without limitation any intellectual property, confidential information or other proprietary right.
11.2 – The indemnification obligations under this Article 9 shall survive the termination or expiration of the Terms and Conditions or your use of the Products.
12. Personal data
12.1 – Kinesis collects your personal information when you register a user account or purchasing the Products or otherwise interact with Kinesis. You may decide whether to provide your personal information to us, and you may decide whether to exercise your right as stipulated herein Article 10.6. However, please note that if you decide not to provide your personal information to us, Kinesis may not be able to provide the Products to you.
12.2 – Kinesis may collect the categories of information, including, but not limited to, the categories described as below:
(a) – User-Provided Information. In the process of registration and purchasing the Products, you provide Kinesis with your personal information such as your name, telephone number, e-mail address, delivery address, credit card information.
(b) – Automatically collected information. When you access or use the Site through the internet, Kinesis may use certain technologies, including, but not limited to cookies and similar technologies to collect information sent to us through your computer, mobile phone, or other access device, which includes, but not limited to (i) your IP address, device information, such as identifier, device name and type, operating system, location, mobile network information, (ii) the information related to the methods and preferences you interact with the Site, such as your browser type, traffic to and from our site, the link you accessed, the pages you visited, and the time you accessed or exited the Site, and (iii) your username and password.
12.3 – Kinesis will collect your personal information until (a) Kinesis ceases to provide Services and this Site, or (b) you explicitly request Kinesis to cease to collect your personal information by contacting us through the contact information referred to in the Terms and Conditions and in accordance with Article 10.6 of the Terms and Conditions, in which case we may not be able to provide the Products to you
12.4 – Kinesis may process and use your personal information for the purposes, including, but not limited to, the purposes described below. Please note that one or more purposes may apply simultaneously.
(a) – Provision of the Products and the Site. Kinesis may process and use your personal information to authenticate your identity, validate the process that you access to the Site, facilitate your orders of the Products, process billing and collect any fees, or as otherwise may be necessary to execute the agreement between you and Kinesis, or to identify you or to ensure the functionality and security of the Products and the Site.
(b) – Development of the Products and the Site. Kinesis may process and use your personal information or feedback to develop and improve the Products and the Site.
(c) – Compliance with laws and regulations. Kinesis may process and use your personal information to meet legal and regulatory requirements, including, but not limited to, Anti-Money Laundering and counter-terrorist financing, or as otherwise may be necessary to execute the agreement between you and Kinesis. Kinesis reserves the right to retain and share certain personal information in order to meet our regulatory requirements and further to our contractual agreements with partners and third parties.
12.5 – Kinesis uses reasonable technical and organizational information security measures to provide appropriate protection for your personal information from leaking or unauthorized access and prevent such risks of providing personal information. Kinesis cannot, however, guarantee the personal information you provided or we collected may not be accessed, disclosed, altered, or destroyed by any attacks from hackers or any skilled computer experts.
12.6 – You may exercise your rights stipulated in Section 10.6 with regard to your personal information collected, processed, and used by Kinesis, and you may delete your user account, in which case we may not be able to provide the Products and the Site to you. You have the right, subject to the applicable laws and the Terms and Conditions,
(a) – to inquire or request for a review of the personal information Kinesis has collected from you;
(b) – to make duplications of the personal information Kinesis has collected from you;
(c) – to replenish and rectify the personal information Kinesis has collected from you;
(d) – to request Kinesis to discontinue our collection, processing and use of the personal information Kinesis has collected from you; and
(e) – to delete any personal information Kinesis has collected from you,
by yourself or by requesting Kinesis to do so, in which case we may not be able to provide the Products and this Site to you thereafter. Kinesis cannot, however, delete such personal information that is necessary for compliance with binding legal obligations or if the personal information must be retained according to applicable laws.
12.7 – You may, as appropriate and in accordance with applicable laws, exercise your rights mentioned above by contacting us through the contact information referred to in the Terms and Conditions. In some cases, for example, delete or cease the processing or use of your personal information may mean that we may not be able to provide the Products or offer continued access to this Site.
13. General Provisions
13.1 – Modifications. Kinesis reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or to modify the Terms and Conditions, at any time and without prior notice. If Kinesis modify the Terms and Conditions, Kinesis will post the latest revised version on the Site or in other ways that Kinesis deems appropriate. By continuing to access or use the Site after Kinesis has posted a modification on the Site or have provided you with notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Terms and Conditions. You may also be asked to re-acknowledge and re-accept the Terms and Conditions following any material changes. If the modified Terms and Conditions are not acceptable to you, you must cease using the Site.
13.2 – Entire Agreement. The Terms and Conditions constitutes the entire understanding between you and Kinesis and governs your use of the Products and access to the Site and any prior or contemporaneous representations, either oral or written are hereby superseded.
13.3 – Assignment. Except as otherwise stated herein, you may not assign or transfer all or any part of your rights under the Terms and Conditions, by operation of law or otherwise, without Kinesis’ prior written consent. Any attempt by you to assign or transfer the Terms and Conditions, without such consent, will be null and of no effect. Kinesis may assign or transfer the Terms and Conditions, at its sole discretion, without restriction. Subject to the foregoing, the Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
13.4 – No Waiver. No failure or delay of Kinesis to require performance by you of any provision of the Terms and Conditions shall in any way adversely affect Kinesis’s right to require full performance of such provision after that. No waiver by Kinesis of a breach of any provision of the Terms and Conditions shall be considered to be a waiver by Kinesis of any succeeding breach of such provision.
13.5 – Severability. If any provision or any portion of the Terms and Conditions shall be held to be void or unenforceable, the remaining provisions of the Terms and Conditions and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect.
13.6 – Choice of Law and Forum. The Terms and Conditions, including but not limited to the validity, interpretation, construction, performance and enforcement of the Terms and Conditions, or any disputes or controversies arising from or related to the Terms and Conditions, is governed by and will be construed according to the laws of the Principality of Liechtenstein (Liechtenstein). Any dispute, controversy, difference or claim arising out of, relating to or in connection with the Terms and Conditions, or the breach, termination or invalidity thereof, shall be subject to the exclusive jurisdiction of the Princely Supreme Court (Liechtenstein).
14. Contacting Kinesis
If you have any questions about this Terms and Conditions, please contact Kinesis through [email protected]