Terms and Conditions of use
LEGAL FRAMEWORK AND CONTRACTUAL COMMITMENTS OF THE USER OF THIS WEBSITE AND ANY RECIPIENT AND READER OF THE DOCUMENTATION ATTACHED:
Publisher: KRECHENDO MANAGERS LTD (United Kingdom Company number 11584829) as, by all appropriate means, and designated as the SPV.
Founder: Mostafa BEL KHAYATE (MBK)
Authors: MBK & AKM
Documentation author: AKM for and on behalf of MBK and KRECHENDO MANAGERS LTD
Legal Opinion: Dr Peter MERC (LEMUR LEGAL) & LAW OFFICE
PETERNEL By: Sandra BERTONCELJ, partner – status: independent legal authors.
This Website and its attached Documentation are subject in particular to this legal framework which automatically entails the following prior undertakings for the Recipients and Readers upon receipt or use:
I. General provisions:
1. These general terms and conditions of use are entered into between the Publisher (and the Authors insofar as they are concerned) and
persons wishing to use the website (hereinafter referred to as the “Website”), hereinafter referred to as “Users”.
2. The Publisher, the Authors and the Users will hereinafter be referred to together as the “Parties”.
3. Any User wishing to use the Website, visit its various pages and benefit from the services offered therein must first read and accept
these General Terms and Conditions of Use in their entirety. In any event, consulting the Website implies the User’s full and unreserved
acceptance of the rules set out below.
4. Use of the Website is governed by these Terms and Conditions of use, supplemented by the Privacy Policy.
5. The marketing of Tokens via the Website or the redirection links contained therein is governed by the General Terms and Conditions
of the Operators as well as by the Contract for the acquisition of tokens under the HYDROKKEN brand.
6. These General Terms and Conditions of Use cancel and replace the previously applicable terms and conditions. The Publisher, the
Authors and the Users reserve the right to adapt, modify or update these General Terms and Conditions of Use at any time. In any
event, the general terms and conditions of use applicable are those in force on the day of browsing the Website.
7. The fact that one of the Parties does not avail itself of one of the present conditions at a given time may not be interpreted as a waiver
of the right to avail itself of any of the said conditions at a later date. The annulment of a clause in these general terms and conditions
shall not affect the validity of the general terms and conditions as a whole.
8. This Legal Framework and the Contractual Commitments it contains apply to the entire Website, its components and all Documentation, as well as to any related exchange or communication. It is binding and general.
9. The Legal Frameworks and Disclaimers attached to each published item of documentation supplement these Terms of Use. Each Legal Framework and Disclaimer attached to a document applies to and/or supplements as appropriate those of any documentation item.
REMINDER: Right to Refuse Operations and Issue Refunds.
- Please note anyway the Publisher and Founder’s right to refuse service, decline transactions, or return funds to the candidate and/purchaser if certain conditions are not met.
- The Publisher and Founder, each of them reserves the right, at its sole discretion, to refuse or cancel any order or transaction request for any reason. Some situations that may result in the order being canceled include (but not limited to): (i) limitations and restrictions related to citizenship, countries of origins, international sanctions, currency control policy, KYC policy, etc.; (ii) limitations on quantities available for purchase; (iii) inaccuracies or errors in declarations provided by the candidate/purchaser, in particular as an User (and potential future Purchaser) (see below Section II. Connecting to the Website – Browsing – Creating a personal account); (iv) inaccuracies or errors in token or pricing information, or problems identified by the compliance, credit and fraud avoidance department.
- The Publisher, Founder’s and/or any related Operators may also require additional verifications or information before accepting any order. In the event that the order or purchase is canceled after the payment has been processed, the interested parties will issue a full refund to the original payment method.
- For any additional terms and conditions, please read White Paper and Token Purchase Agreement Model provided.
II. Connecting to the Website – Browsing – Creating a personal account:
1. To use the Website, the User logs on to the Website at: https://www.hydrokken.com.
2. Access to the Website and the presentation pages is subject to the creation of a user account.
3. In order to access the Website, the User must first register and create a personal account on the Website by filling in the fields provided
for this purpose.
4. To register, the User must provide the following information:
- Last name
- First name
- E-mail address
- Nationality
5. The User is responsible for the information entered on the registration form. In the event of an error, l cannot be held responsible for any shortcomings in the processing of the User’s requests.
6. The User declares that he/she has the capacity to use the Website, and in particular that he/she is over 18 years of age at the time of
registration. He/she provides accurate, sincere, true, complete and up to date and is not of such a nature as to mislead others. He/she
will inform the Publisher as soon as possible if it finds any inaccuracy or omission in the information provided.
7. The User undertakes not to create or use an account other than the one initially created, either under his/her own identity or that of a
third party.
8. The User undertakes not to act or to commit any criminal offence about or via the Website and the Documentation.
9. Prior to placing an order for a token, the future Purchaser must identify himself using his e-mail address and the password that he
has chosen and complete the information necessary for his identification and follow the contractual procedure for this purpose.
10. The User, the Recipient and/or the Reader is a well-informed investor. The Recipient and/or the Reader is not a citizen or a resident of the United States of America and has no legal link with this jurisdiction.
III. Website content:
1. The Website and any software used in connection with it may contain confidential information and data protected by intellectual property rights. Thus, unless otherwise stated, the intellectual property rights on the web pages and on any data of any nature contained in the Website and each of the elements making up the Website (images, illustrations, sounds, texts, graphic elements, etc.), including software, databases and newsletters, are the exclusive property of the Publisher (hereinafter the “Content”), the latter not granting any licence or any right other than that of consulting the Website.
2. The reproduction of all or part of the Content is authorised solely for the purposes of information for personal and private use, any reproduction and any use of copies made for other purposes in any manner whatsoever and in any form whatsoever being expressly prohibited. It is also forbidden to copy, modify, create a derivative work, assemble, decompile (with the exception of cases provided for by law), sell, assign, sub-license or transfer in any way whatsoever any right relating to the Content. It is also forbidden to modify all or part of the Content, particularly the software, or to use modified versions of the software, particularly with a view to accessing the Website by any means other than the interface provided to Internet users for this purpose.
3. The use of all or part of the Content without the written authorisation of the Publisher on any medium whatsoever for the purpose of promoting products or services, in particular for commercial purposes, is prohibited under penalty of criminal or civil proceedings.
IV. Website content – Intellectual property:
1. The entire content of this Website or of any advertising or informative material (illustrations, texts, wording, trademarks, images, videos, concepts) (the “Documentation”) is the property of the Authors or is used with the authorisation of the holders of the rights in question. It is published under the complete and exclusive responsibility of the Publisher.
2. In particular HYDROKKEN and MBK are proprietary trademarks.
3. Any reproduction in whole or in part of this Website is prohibited, unless MBK or AKM gives its express prior authorisation for each.
4. MBK and AKM do not authorise the creation of hypertext links without their express prior consent. 5. The Internet user acknowledges that he/she has been informed of the intrinsic characteristics of the Internet and in particular of the difficulties that may arise at certain times of the day in accessing the Website (poor connections, saturated communication nodes, etc.) for reasons totally beyond the control of MBK and AKM, which cannot therefore be held responsible for incidents limiting access to the Website.
6. Consequently, the Publisher (and in any case the Authors) cannot be held responsible for any damage, temporary or permanent, caused to the Internet user’s computer system, nor for any loss or damage that may be suffered as a result of accessing or browsing its Website, unless it is at fault.
7. Users acknowledge the Publisher exclusive rights to the trademarks and shall refrain from using it in any way whatsoever and, more generally, from infringing the Publisher and Authors’ intellectual property rights.
V. Obligations of Users:
1. Users browse the Website under their own responsibility. Under these conditions, the User is required to browse the Website and use
the services offered in accordance with their intended purpose and in compliance with these General Terms and Conditions, without infringing public order, public decency or the rights of third parties.
2. The User is responsible for the computer security of his/her equipment and, in particular, for any loss of data and security breaches that may result from a virus or hacking.
3. Users undertake not to:
– Accessing or attempting to access the Website by any means other than those made available to them by the Publisher.
– Share, with a third party, any connection identifiers (login and password), a third party being any person other than the single User to whom the e-mail address is assigned.
– To disrupt, slow down or block access to the networks enabling access to the Website.
– Use data mining systems, robots or any other similar method to collect and exploit data.
– To monitor, scan or test the vulnerability of the Website, its host or its network or to breach security or authentication measures.
– To use any technique which could undermine the security of the Website, personal and financial information and generally the
image of the Publisher (by way of illustration, ransomware, etc.).
VI. Publisher’s obligations:
1. The Publisher is bound, unless otherwise stipulated, by an obligation of means in the performance of its services in respect of browsing on the Website.
2. The Publisher reserves the right to modify the characteristics of the Website in line with technical developments. It retains full latitude in carrying out any updates and remains free to develop the functionalities of its software without prior notice to Users insofar as this does not result in any degradation of the service or loss of data or functionalities.
3. In order to preserve the efficiency and security of the Website, the Publisher reserves the right to suspend access to it. The suspension
will be lifted after verification of the conformity of the service. The Publisher undertakes to ensure a level of security compatible with the technical standards of the sector. The Publisher, bound by an obligation of means in terms of IT security, cannot however guarantee the absence of modification, intrusion, alteration or unavailability of the service by a third party (person, virus, etc.).
VII. General Disclaimer:
1. The Publisher may not be held liable if any non-performance or damage results from the improper use of the Website by the User or from a fault on the part of the User or a third party or from a case of force majeure.
2. Likewise, the Publisher shall not be held liable for any damage, whether temporary or permanent, caused to the User’s mobile terminal or computer, nor for any loss or damage which may be suffered as a result of accessing or browsing the Website.
3. The transmission of data via the Internet may result in the appearance of errors and/or in the Website not always being available. Consequently, the Publisher cannot be held responsible for the availability or interruption of the online service. Users are reminded that they are advised to protect access to their IT tools with a password, and to take out any useful insurance in the event of their loss or theft.
4. Where the Publisher is held liable as a result of a fault on its part, compensation will only apply to direct, personal and certain damage
suffered by the User, up to a maximum of one hundred euros for all causes combined.
5. In any event, it should be noted that both the Publisher and the Authors accept no liability whatsoever, in particular for :
– Damage resulting from Users’ failure to comply with the Publisher’s rules and recommendations, in particular as set out in these General Terms and Conditions of Use;
– Malfunctions, inability to access or poor operating conditions of the Website, in particular due to unsuitable equipment, disruptions
linked to the User’s access provider and/or congestion of the Internet network and/or for any other reason linked to a case of force
majeure;.
– Malicious acts by Users.
6. This Website and Documentation have been prepared on behalf of Publisher. Except those mentioned by the Legal Opinion attached in this Website and/or this Documentation prepared and drafted by independent lawyers and law firms, any piece of information contained in this Documentation has not been independently verified. No representation or warranty, express or implied, is made and no reliance should be placed on the accuracy, fairness or completeness of the piece of information presented. You are responsible for evaluating the accuracy, fairness or completeness of the information presented. The Publisher, its affiliates and their respective directors, officers, employees, associates, partners, advisers and representatives expressly disclaim any liability whatsoever for any losses arising from any information contained in this Documentation or otherwise arising in connection with this Documentation. This Documentation does not constitute or form part of, and should not be construed as, an offer to sell or a solicitation of any offer to buy any securities.
7. The information is subject to change as events and communications occur. It has no contractual value in itself, except for the draft contracts which constitute a contractual offer without obligation to enter into a contract with the addressees and readers. Exchanges
between the interested parties and their representatives, collaborators and employees, as well as any subsidiary companies or companies of the same group, do not confer any rights on the latter unless there is a prior and express written contractual agreement.
VIII.Personal data :
The Publisher collects and processes Users’ personal data in accordance with the current regulations applicable to personal data and the Privacy Policy it has drawn up. Any Privacy Policy drawn up by the Publisher supplements these General Terms and Conditions of Use, of which it forms an integral part.
IX. Applicable law – Language:
1. These Terms and Conditions are governed by English law.
2. The language of these Terms and Conditions and of the relationship between the Parties is English. Translations are provided solely for
the convenience of Users, Readers and Recipients.
X. Contact:
For any questions or complaints relating to the Website, the services or the User’s personal data, the User may contact the Publisher using the following details by e-mail: contact@hydrokken.com
User’s Declarations and guarantees:
I, the User and potential future Token(s) Purchaser, solemnly declare and warrant
that:
1. The User and potential future Token(s) Purchaser has full legal capacity, power and authority to execute and deliver
this consent and to perform its obligations hereunder.
2. All Agreement constitutes a legal, valid and binding obligation of the User and potential future Token(s)
Purchaser, enforceable in accordance with its terms and
conditions.
3. By using this Website and reading Documentation, the User and potential future Token(s) Purchaser has irrevocably and unreservedly accepted all the terms and conditions of these Terms and Conditions of use.
4. There is no defect of consent or de jure or de facto impediment to the validity and performance of this Agreement.
5. The User and potential future Token(s) Purchaser is an experienced and knowledgeable investor and is aware of the risks associated with such transactions in these types of assets. (see Agreement – Article 13 in particular WHITE PAPER, pages 22 & 29).
6. The Purchaser communicates to the Seller all information necessary for proper understanding. It will ensure that this
information is, to the best of its knowledge, accurate, sincere, true, complete and up to date and is not of such a nature as to mislead others. It will inform the Seller as soon as possible if it finds any inaccuracy or omission in the information provided.
7. The User and potential future Token(s) Purchaser has been given a copy of these Terms and Conditions of use as well as the model of Agreement (including its Appendixes, see Erreur ! Source du renvoi introuvable.) with sufficient time before signing it.
8. The User and potential future Token(s) Purchaser has read these Website and Documentation or, if necessary, had it read to him by an independent third party, and has had sufficient time to understand it before signing it.
9. The User and potential future Token(s) Purchaser has been given the opportunity, if it so wishes, to seek independent legal advice in relation to these Website and Documentation (including the model of Agreement) before signing it and that if it has failed to do so it shall remain solely responsible for it leaving the Publisher, the Authors and the future Seller in any event free from any claim on its part in respect thereof.
10. The User and potential future Token(s) Purchaser is not, and is not owned or managed by, a politically exposed person or linked with this person.
11. The User and potential future Token(s) Purchaser is not subject to any sanction, restriction or prohibition of a criminalor administrative nature, by any institution of international public law, or to any such ongoing proceedings that may affect the Publisher, the Authors, the future Seller or any of this Agreement and followings.
12. No funds paid by the future Purchaser have been derived from any offence, fraud or concealment. No illegal or unlawful act, criminal offence or other offence has been or will be committed in connection with this transaction and its consequences.
13. No funds paid by the future Purchaser shall be derived from a misappropriation or concealment of matrimonial or inheritance property, the Seller being personally responsible for all matrimonial and inheritance matters, from which the future Seller shall be left free of any consequences.
Main Party Status:
I am acting as the Main Party to these Terms and Conditions of use or any following Agreement and am in compliance with it and
as far as I am concerned no consent or approval is required in connection with the execution and performance of these Terms
and Conditions of use or any following Agreement.
ACCEPTANCE DEEMED SUBSCRIBED BY ANY USER,RECIPIENT AND READER
Personal data protection policy:
1. The Publisher attaches paramount importance to the protection of the personal data of its employees, service providers and customers,
and places compliance with European legislation at the heart of its concerns. It is the same with the Tokenisation Operator who provides its technical platform and the blockchain (the company BRICKKEN) which ensures this final processing.
2. We have drawn up this policy in order to provide you with the most complete and transparent information on our use of your personal data.
3. The Publisher is responsible for the processing of the personal data that it collects and processes in order to meet its contractual obligations and its legitimate interests consisting of prospecting and developing the loyalty of its future Tokens Purchasers.
4. We collect your personal data fairly, lawfully and transparently. Your personal data collected in this way is proportionate to the purposes of our processing.
What is personal data?
5. Personal data is information that enables you to be identified, either directly or indirectly. This may include your surname, first name, telephone number or e-mail address.
Why do we collect your personal data?
6. We collect and process various categories of personal data in order to manage our contractual and commercial relations with our customers as effectively as possible.
7. Your personal data is processed for the following purposes in particular:
– the management of contracts relating to Tokens acquired;
– managing Token deliveries;
– creating the Digital Wallet in the blockchain;
– tracking Purchasers/Owners;
– managing accounting, in particular Purchasers/Owners accounts;
– carrying out prospecting operations;
– compiling sales statistics and market research;
– managing outstanding payments and disputes.
Who can access your personal data?
8. Within our departments and Tokenization Operators, your personal data is only passed on to those people who are authorised to process
it by virtue of their position (e.g. sales department, technical department, marketing department, accounts department, etc.).
9. They are also transmitted to our external service providers who are responsible for implementing some of our processing operations in
the name of and on behalf of Publisher. We ensure that our service providers provide the necessary guarantees with regard to the
protection of personal data.
10. We may also be required, by virtue of a legal obligation, to pass on your personal data to an administrative authority or to judicial or legal officers.
What categories of personal data do we collect?
11. In order to meet the purposes of the above-mentioned processing, we collect in particular :
– your full name ;
– your date of birth
– your e-mail address
– your telephone number;
– our correspondence.
How long is your personal data kept?
12. Your personal data is kept for as long as is necessary for the purposes for which it is processed, in accordance with the recommendations of the authorities.
13. Thus, the maximum period for which your data is kept in our files relating to the management of our commercial relations is the duration of our relationship. Beyond this period, we may keep your
data in the form of intermediate archiving to establish proof of a right or contract, or to ensure compliance with a legal obligation. Archiving will be carried out in accordance with the recommendations of the authorities: archived data will be selected and stored separately from the active database for a limited period of time, in particular in accordance with legal extinctive requirements.
14. Data used for canvassing purposes is kept for a period of three years, starting from the end of the commercial relationship when
the prospect is a customer or from the date of collection of the data or the last contact from the prospect when the latter is not a customer.
What rights do you have with regard to your personal data?
15. In accordance with the applicable regulations, you have the right to access, rectify and delete your personal data. You may also exercise
your right to portability in order to obtain your personal data in a structured, usable and machine-readable format so that it can be
transmitted to a third party, if your request is eligible.
16. You also have the right to request a restriction on the processing of your personal data and the right to object to their processing on the
grounds of circumstances specific to your personal situation. You also have the right to define general or specific directives
concerning the post-mortem fate of your personal data. Specific directives may be registered with our internal Data Protection
Officer. General directives may be registered with a trusted digital third party certified by the authorities. You can modify or delete
these directives at any time.
Who can you contact about data protection issues?
17. You can contact us directly or exercise the rights referred to in the previous paragraph via the following email address: contact@hydrokken.com. Your requests will be examined as soon as possible.
18. If you consider that your rights are not being respected with regard to the protection of your data or that an action relating to the
conditions of processing of your personal data is incompatible with the provisions of this policy or the applicable regulations, you may
lodge a complaint directly with the authorities.