- INFORMATION ABOUT US
- We, Blackcell Technology Inc, are a general corporation registered in the Republic of the Philippines. We operate the website www.mykrops.com and KROPS agriculture mobile application.
- SERVICE AVAILABILITY
- KROPS agri mobile app is only intended for use by people residing in the Serviced Countries. We do not process orders from individuals outside the Serviced Countries.
- YOUR STATUS
- By placing an order through KROPS agri mobile app, you warrant that:
You are legally capable of entering into binding contracts; You are at least 18 years old; You are resident of a Serviced Country and You are accessing KROPS agri mobile app from a Serviced Country.
To create an account, you must have the following, and provide truthful and accurate information:
- User Name
- User Email address
- User Cell Phone Number
- User Address information
You must be eligible to use the Blackcell Technology Inc., service for which you are registering. In addition, some Blackcell Technology Inc., services may require creation of a "user identity" to represent you on the service platform and online to other users. User names and user identities are tied to your account. You may not use a user identity that is used by someone else, that is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your account. Your account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your account password to others. Blackcell Technology Inc. will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions etc
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order through our KROPS agri mobile app, you will receive an SMS from us acknowledging that we have received the payment of your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by registering to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an SMS (a built-in feature) that confirms that your order has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same SMS.
- The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
- BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR REGISTRATION HAS A PAYMENT FEATURE UPON PURCHASING THE AGRI PRODUCTS AND YOU ACCEPT FULL RESPONSIBILITY FOR ALL CHARGES MADE.
- BY REGISTERING TO OUR SERVICES YOU ARE AGREEING TO USE THE KROPS AGRI MOBILE APP FOR AN INDEFINITE TIME UNTIL DEACTIVATED BY YOU OR US. YOU CAN DEACTIVATE YOUR REGISTRATION AT ANY TIME, PROVIDED THAT YOU DO SO WITHIN YOUR MOBILE DEVICE.
- By registering an account, you agree to upload a valid ID which will be used in the verification process. We reserve the right at our absolute discretion to and not to may be accepted as a valid user if you skip the verification process.
- CONSUMER RIGHTS AND DELIVERY
- KROPS agri mobile app technical support and back office begins on Monday and runs through Friday, from 9:00 in the morning until 5:00 in the afternoon. Finance payout and other requests will only be accepted until 2:00 in the afternoon. Otherwise, pending requests will be processed the following business day.
- You have the option of selecting the day you would like to receive your agri products or how it will be delivered. You may do so by using the instant messaging feature.
- RISK AND TITLE
- The agri Products will be at your risk from the time of delivery.
- Ownership of the agri Products will only pass to you when we receive confirmation of the full payment of all sums due in respect of the Products.
- To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. We do not guarantee the freshness and quality of the product after delivery. You will assume full responsibility to check all the products prior delivery.
- PRICE AND PAYMENT
- The price of the agri Products will be as quoted on our KROPS mobile app, except in cases of obvious error.
- Product prices include applicable taxes.
- Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
- Payment for all Products and Services must be by wire transfer. We accept payment with BPI and other major banks. We reserve the right to change the payment methods we accept at any time.
- OUR REFUNDS POLICY
- If you refuse a Product purchased from the buyers and sellers of KROPS agri mobile app:
- Because of delivery reasons, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of deactivation. In this case, we will refund the price of the Product in full, and any applicable delivery charges.
(refer to item 6.1 on 6. CONSUMER RIGHTS AND DELIVERY.
- For any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will notify you of your refund, if any, via phone or e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via phone or e-mail that you were entitled to a refund. If all or part of a Product (Defective Item) is defective, we will credit you an amount equivalent to the value of the Defective Item towards a future purchase, including any applicable delivery charges and any reasonable costs you incur in refusing the Defective Item.
(refer to item 6.1 on 6. CONSUMER RIGHTS AND DELIVERY.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any Product purchased from us through KROPS agri mobile app will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
- OUR LIABILITY
- If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.
- Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- WRITTEN AND INSTANT COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using KROPS agri mobile app, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Blackcell Technology Inc at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in our KROPS agri mobile app, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
- You may print off one copy, and may download extracts, of any pages from KROPS agri mobile app for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
- If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on KROPS agri mobile app and in any advertising or social media outlets that we may create or contribute to.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- Availability and Delivery. Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event. In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- CONTACTING US
If there are any questions regarding this Terms of Service, you may contact us using the information below.
Last Edited on 2017-01-11