Terms & Conditions of Purchase
Last updated: 30 November 2022
1. Introduction
Kraydel Ltd, with company registration. No. NI639974, offers a product and a service designed for people with limited digital competence and their supporters. The product consists of hardware, the “Konnect Hub” and integrated communication software (“Konnect”) which together form the “Product”. The Users of the Product are the people who are in possession of the “Hub” (“Konnect User”) and people in that person’s support group (“Supporters”), who have created a profile in the Application (“App User”). The purpose of the Product is to facilitate communication between the Konnect User and their support group, irrespective of digital competence. People in the Konnect User’s support group can upload photos and images of certain types of documents (such as leaflets), and set reminders which can be accessed by the Konnect User. Video calls can also be made between Users and Supporters. For more information on the Product and how it works, please see Konnect.
These are the terms and conditions for the use of the Product (the “Terms”).The Terms are binding on all persons and legal entities which purchase, rent or use the Product, and you (as an individual, company, business, corporation or other entity) (“Customer”) accept and agree to these Terms and any other terms set forth in the order, if applicable (the “Order” and together with these Terms, the “Agreement”) by submitting an Order or otherwise acknowledging your acceptance of these Terms, for example by using the Product.
In addition to these Terms, the App Users will be subject to separate terms and conditions applicable to use of the Application (the “Application Terms”). The individual App User will be asked to accept and agree to the Application Terms in the Application when the individual profile is created.
If you purchase the Product as a donation or gift to a third party, you, as the buyer, undertake to comply with sections 6, 7.2, 10, 11, 12, 13, 14, 16 and 17 of these Terms. You accept and agree to the Terms by submitting an Order to Kraydel.
Your Status:
By placing an order through our site, you warrant that:
1.1. you are legally capable of entering into binding contracts; and
1.2. you are at least 18 years old;
1.3. you are resident in the UK; and
1.4. you are accessing our site from that country
2. Personal Data and Information Security
All data, information and material of any kind provided to Kraydel by the Customer or Users, including personal data (the “Customer Data”) will be processed in accordance with applicable laws for data protection. For more information about our processing of Customer Data, please see our Privacy Notice.
In the case that the Product is used for purposes which are not solely personal or private, Kraydel’s data processing agreement will apply. All Customer Data uploaded to the Konnect and Application by the Customer or User belongs to the Customer and/or User. The Customer is the data controller for all Customer Data processed by Kraydel in connection with the delivery of the Product and associated service. Kraydel will only process data, information and material in order to provide the service to the Customer, including support, service and maintenance, and shall not process data for other purposes unless there is a legal obligation for such processing.
3. Equipment not provided by Kraydel
Konnect communicates with the Application through WiFi or mobile broadband. User is responsible for any item required to access the internet via WiFi or mobile broadband. User is also responsible for any other equipment (“Equipment”) used in conjunction with the Product, but not provided by Kraydel, including installation, operation and maintenance of such Equipment at User’s own expense.
Customer acknowledges that Kraydel makes no representations or warranties with respect to the Equipment and is not liable for any loss arising from the use of such Equipment.
4. Term of the Agreement upon receiving of the Product
When purchasing we offer a right to return policy which gives you the right to return the product to us in its original boxing and condition within 14 days of arrival, while receiving a full refund.
Unless any limited offers apply, when renting the Agreement shall enter into force on the date of submission of the Order to Kraydel and shall remain in force for a minimum term of twelve (12) months. After the initial twelve (12) months the rental agreement can be terminated by either party by giving at least thirty (30) days’ written notice, or until the Agreement is terminated in accordance with these Terms.
The Product shall be returned to Kraydel within a reasonable time after termination of the Agreement, and no later than thirty (30) days from termination. Unless otherwise agreed, Customer shall cover the costs associated with the return of the Product. The costs of any missing or broken parts, etc. shall be borne by the Customer. The Product shall be checked by Kraydel within a reasonable time after return.
5. Price and Payment Terms
The upfront price for the Product is stipulated in the ordering process. The price is paid in advance, and otherwise in accordance with the payment option chosen by the Customer in the ordering process.
The price includes:
· User manual and support,
· The Application and updates thereof
· Free software updates
In case of defaulting or late payment, Kraydel may, after at least fourteen (14) days, make the Product unavailable to the Customer. In case of persistent late payments, Kraydel may terminate the Agreement.
How the contract is formed between you and us
6.1 Initiating the subscription:
After completing signup, you will receive an e-mail from us via Stripe acknowledging that we have received your first payment. Please note that this does not mean that your subscription has been accepted. Your subscription constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your subscription has been accepted (Order Confirmation Email). The contract between us (Contract) will only be formed when we send you the Order Confirmation Email.
6.2 Subscription Charges
The subscription plan to our Services consists of an upfront charge and then followed by recurring period of charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an upfront and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Kraydel may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Kraydel reasonably could act. To terminate your authorisation or change your payment method please contact support@kraydel.com. Kraydel reserve the right to increase subscription rates with at least 30 days notice..
6.3 Subscription minimum term and cancellation
By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time (minimum period 12 months) until cancelled by you. You can cancel your subscription after 12 months. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
6.4 Kraydel rights
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
7. Delivery of the Product
7.1. General
The Product is shipped to the Customer according to the shipping option chosen by the Customer in the ordering process.
Estimated shipping and delivery dates will be stated in the ordering process. The delivery date will depend on the selected shipping option and place of delivery, as well as the time of payment. The Customer acknowledges that delays in relation to the estimated shipping and delivery dates may occur. Kraydel shall not be held liable for delays in relation to estimated delivery date, provided that the Product is delivered within thirty (30) days after such estimated delivery date.
The Product is delivered to the delivery address specified by the Customer in the ordering process. The Customer is responsible for ensuring that the correct address is registered at all times and Kraydel shall not be liable for any loss caused by Customer's failure to update the delivery address.
Delivery has occurred when the Customer or Customer’s representative has received the Product, and the risk of the Product passes at that time. If the Product is not collected or received at the agreed time, and if this is due to Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is placed at the Customer's disposal, and failure to collect/take receipt of the Product constitutes a breach by the Customer. Kraydel reserves the right to charge the Customer for additional shipping costs due to the Customer’s failure to collect/take receipt of the Product at the agreed time.
8. Breach and termination of service
If one of the parties materially breaches its obligations under the Agreement and such breach is not remedied within thirty (30) days following written notice from the other party, such party may terminate the Agreement with immediate effect.
Kraydel reserves the right to make the Product unavailable to the Users if these Terms are not complied with. It is in Kraydel's discretionary authority to determine such exclusion, but Kraydel undertakes to give a reasoned explanation of its decision upon request. Kraydel shall not be held financially liable in this regard. Kraydel shall further have the right to terminate this Agreement in case of a breach of the Terms, such as abuse of the service, including, but not limited to, data transmission in violation of applicable law, third party access to an App User’s Personal Profile, use of the Product in violation of these Terms or if another reasonable cause exists.
9. User Responsibility
User is responsible for all actions taken when using the Product. User and Customer undertake to hold Kraydel harmless from any third party claims due to User’s use of the Product in breach of these Terms. This also applies to use in breach of applicable laws and regulations. Damage caused by defects in the Product or damage/defects associated with its use must be notified to Kraydel immediately upon discovery.
10. Product Defects
If Customer discovers that the Product is defective, Customer must, within a reasonable time after the Customer became aware of the defect, submit a written complaint to Kraydel. Kraydel’s standard complaints form can be found here.
Complaints relating to defective Products must in all cases be notified to Kraydel within five (5) days after Customer received the Product. If it is determined that the Product has a Product defect, and if the Customer is a consumer, the Customer is entitled to all remedies available under applicable consumer protection law.
11. Limitation of Liability
Kraydel is not liable for any direct or indirect loss or damage, unless caused intentionally or by gross negligence on the part of Kraydel, or unless liability is established pursuant to mandatory consumer protection law.
Kraydel’s liability to the Customer and the User is limited to the amount the Customer has paid to Kraydel for the Product, unless otherwise is stipulated in mandatory consumer protection law.
Except as expressly set forth herein, Kraydel is not responsible for any further financial losses the Customer and/or User may suffer as a result of using the Product. The Product is provided on an “as is” basis and is used on User’s own risk.
12. Updates and Maintenance
The Product’s software is updated regularly and automatically, provided the Konnect is connected to power and internet. Upon updates to hardware, the Hub can be returned to Kraydel Limited, Clockwise, River House, 48-60 High St, Belfast, BT1 2BE. Unless otherwise agreed with Kraydel, the User is liable to cover the cost of such hardware updates. The User must under no circumstances make any repairs or changes to the Product but shall immediately notify Kraydel of any Product malfunction. Kraydel disclaims all liability for any damage inflicted on the Product as a result of the User’s own repair work.
Kraydel reserves the right to undertake necessary maintenance work on the Product. Kraydel will endeavour to perform such maintenance without unnecessary disturbance to the Users. Kraydel shall not be held liable for any lack of access to the Product due to necessary maintenance or upgrade work.
13. Intellectual Property Rights
The content of the Product as well as all associated copyrights and other intellectual property rights belong to Kraydel and is Kraydel’s property. Users are responsible for ensuring that their use of the Product is in compliance with Kraydel’s intellectual property rights.
Customer or User may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to Kraydel with respect to the Product or other intellectual property rights belonging to Kraydel. Kraydel shall in its sole discretion determine whether or not to proceed with the development of such Feedback. By giving its Feedback the Customer or User acknowledges that Kraydel is given sole ownership of the Feedback, and that no sums are payable by Kraydel for such Feedback, neither at the date of the Feedback nor in the future.
14. Force Majeure
Kraydel shall not be liable to the Customer or Users for delayed or non-performance of its obligations pursuant to this Agreement, in whole or in part, as a result of a cause beyond its reasonable control and without its fault or negligence, including, but not limited to; Government Regulations, strikes, lockout, export or import restrictions, acts of God, acts of war, epidemics, fire, communication line failures, power failures, earthquakes, floods, blizzard, or other natural disasters (a “Force Majeure Event”). Delays in performing obligations due to a Force Majeure Event shall automatically extend the deadline for performing such obligations for a period equal to the duration of such Force Majeure Event.
15. Amendments to the Terms
Kraydel reserves the right to amend the Terms in the Agreement period. It is the Users’ responsibility to keep updated on the Terms in force from time to time, but if any material amendments are made, the Users will be notified. If the Users continue to use the Product after an amendment is made, the Users shall be deemed to have accepted the amendment(s).
16. Cancellation of Purchase
If the Customer is a consumer, the Customer has the right to cancel this Agreement within fourteen (14) days without having to provide a reason for the cancellation. The right to cancel expires fourteen (14) days after the date the Customer or the Customer’s representative takes receipt of the Product. In order to use the right of cancellation, you must inform us by e-mail to support@kraydel.com and return the product to our Returns address (Kraydel Ltd, Clockwise, River House, 48-60 High St, Belfast, BT1 2BE).
If the Customer cancels this Agreement, Kraydel shall refund any payments received from the Customer, including delivery costs. (with the exception of additional costs incurred as a result of having chosen a different type of delivery than the low-cost type of standard delivery we provide) without undue delay and in all cases no later than fourteen (14) days after the day we receive notification of your decision to cancel the Agreement. Unless otherwise agreed, the refund will be made with the same payment method you used for the original transaction. The Customer will not be charged any fees in connection with the refund. The Customer is liable only for a possible reduction in the Product’s value due to a handling of the Product beyond that necessary to determine its nature, characteristics and function. Kraydel reserves the right to hold back the refund until the Product has been returned, or until the Customer has submitted documentation showing that the Product has been returned. The Customer bears the direct cost of returning the Product. In order to receive a full refund, the Product must be returned in the state it was received without defects or visible marks.
17. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Northern Ireland. In the event of a dispute arising out of or in connection with this Agreement, the Parties shall in good faith attempt to resolve the dispute through negotiations.