The operator of the website (the “Site”) is Prokey Technologies Sdn Bhd (“Prokey”), a company that basis its operation in manufacturing and distributing secure, patented digital asset hardware solutions for cryptocurrency users. The following Terms and Conditions apply between Prokey (the “Company,” “we,” “us” or “our”) and any user who accesses, uses or purchases Products on the Site (“user,” “you” or “your”). You are urged to read these Terms and Conditions before using the Site.
By accessing and using the Site, you acknowledge and consent that:
i. You fully understand the Terms and Conditions explained herein; and
ii. You consent to be bound by all of the Terms and Conditions.
If you do not consent to all of the Terms and Conditions, please do not access the Site or use any of the Services provided through the Site. These Terms and Conditions are a binding Contract or Agreement between you and Prokey. Prokey reserves the exclusive right to update or modify the Terms and Conditions at any time, with or without any notification to you. The Terms and Conditions may be changed, modified, or updated by Prokey at any time. We will notify you about the changes made so you can decide whether to continue your access to and use of the Site in compliance with the revised version of the Terms and Conditions. Please be informed that after the effective date of any changes, modifications, or updates, if you do not consent to the revised version of the Terms and Conditions, your access to and use of the Site will be terminated.
By accessing the Site or purchasing our Products through the Site through any means, including but not limited to devices and services provided by a third party, you are considered to have acknowledged and consented to be bound by the Terms and Conditions, which may be subject to future modifications.
You must be a major (18 years and above), and you have full capacity under applicable laws to access and use the Site and purchase Products therein. If you are a minor (below 18 years) or a person of limited capacity under applicable laws, you are not eligible to use this Site. If you use the site further knowing the fact that you are ineligible to do likewise, you shall be responsible for all financial and legal fees and liabilities resulting thereunto, and Prokey shall have the sole right to file a claim against you and your guardian for damages caused to Prokey as a result of such unauthorized access or use. Prokey reserves the right to suspend, deactivate, or terminate your user account.
The price of each Product shall be posted on the Site, and Prokey reserves the exclusive right at its discretion to review the posted price or provide discounts at any time.The posted prices of the Products shall not include shipping fares, custom duties, local duties, or any other fees related to getting the Products to the user.
You acknowledge and accept that Prokey hereby grants you a non-exclusive and non-transferrable permission or license to use the Product exclusively for your personal, non-commercial purposes unless as otherwise consented to by Prokey and that Prokey reserves the ownership of all rights, interest and title to the Site and the Product, and any intellectual property rights thereto and therein (including all patent rights, copyrights, design rights, trade secrets and trademarks) according to the license granted in this section. Unless if expressly permitted under the Terms and Conditions, you are not permitted to:
The Products provided may have certain issues that have not been identified. The Products are made available on an “as is” basis with no warranties whatsoever. You are advised, in your interest, to exercise caution while using the Products, and you must comply strictly with all backup and recovery procedures, as explained in the Product manual. The manual contains the guidelines or prerequisites that you must follow before and while using the Product, and they may assist you in recovering any token, cryptocurrency, or value that you secure on the Product in case of the occurrence of any malfunction, defect, and battery issues or any other issues or deficiencies. You particularly acknowledge and accept that:
The warranty placed on the Product is 12 months (1 year). If the Products ceases to function within 12 months of regular use, please contact Prokey for the next possible line of action. You may be requested to send the default Product to us after backing-up the data and information related to the Product, while we send you a new Product that is devoid of any of your information, token, cryptocurrencies, values or digital keys within 2 weeks (subject to the availability of spare cards stock) after receiving the default Product from you.
Prokey offers no warranties or representations that Prokey will continue to make the Products available, including without limitation any particular software for any particular period of time. Prokey retains the right to update and change the Products and any software with or without any prior notice to you. We expressly disclaim all implied warranties.
The above disclaimer shall apply to the maximum extent permitted by law and shall survive any termination or expiration of the Terms and Conditions or your use of the Products.
You are exclusively responsible for the way you use, secure, and back up your information and information relating to your cryptocurrencies in connection with the Products. Prokey shall not be accountable for any damage or loss in the circumstance that the user loses the Products or if the Product malfunctions or has defects.You acknowledge and accept that, to the maximum extent permitted by the applicable law, Prokey’s aggregated liability to you or any other party related to you and any other users of the Products for any damage or loss arising as a result of these Terms and Conditions, or access to the Site and use of the Products shall be restricted to the replacement of the Product. This restriction applies to all-cause of action or claims in the aggregate, including but not limited to breach of warranty, breach of agreement, negligence, indemnity, misrepresentation, strict liability, and other torts. Under no circumstance shall Prokey or any other entity or individual involved in creating, producing or delivering the Products be responsible to you or any other users of the Products or any party related to you or other users of the Products for any incidental, indirect, special, consequential, punitive or exemplary lost profits or damages, even if Prokey has been warned of the possible occurrence. You acknowledge and accept that under no circumstance shall Prokey be responsible for any loss or damage that is not reasonably foreseeable.
You consent to indemnify, defend and hold Prokey, its affiliates and subsidiaries and their respective officer agents, employees, directors and representatives harmless from and against all claims, damages, losses, liabilities, and expenses, including without limitation, accounting fees and reasonable attorney’s fees, arising as a result of or in any way connected to:
The indemnification clause defined above shall outlive the expiration or termination of these Terms and Conditions or your access to the Site and your use of the Products.
Prokey retains the sole right to modify, terminate or discontinue the Site or to revise the Terms and Conditions at any time, as Prokey deems it necessary, with or without any prior notice. If we modify or revise the Terms and Conditions, we will post the modified version on the Site or in any other way we consider appropriate for you to be notified. Your continued access to and use of the Site after the notice of revision or modification shall be interpreted as your acceptance and express permission to be bound by the revised Terms and Conditions. You may be required to re-accept the revised Terms and Conditions following any material changes. If you do not consent to be bound by the revised Terms and Conditions, kindly desist from accessing and using the Site.
These Terms and Conditions embody the full understanding between you and Prokey. As such, it governs your use of the Site and the Products. Any contemporaneous or prior representations, either written or oral are at this moment superseded.
Unless as stated otherwise herein, you may not transfer or assign all or any part of your rights under these Terms and Conditions, by the mandate of the law or otherwise, without the prior written permission of Prokey. Any attempt made by you to transfer or assign these Terms and Conditions without permission will be voided and of no effect. Prokey may transfer or assign these Terms and Conditions, without any limitations or restrictions, in its exclusive discretion. Depending on the preceding, these Terms and Conditions will inure and bind to the benefits of both parties, their successors and their permitted assigns.
No failure or delay of Prokey to require performance by you of any provision of these Terms and Conditions shall in any way negatively affect Prokey’s rights to demand maximum performance of such provision after that. No waiver by Prokey of a violation of any provision of the Terms and Conditions shall be construed as a waiver by Prokey of any succeeding violation of such provision.
If any portion or provision of these Terms and Conditions shall be considered to be unenforceable or void, the remaining provisions of these Terms and Conditions and the remaining portion of any provision deemed to be unenforceable or invalid in part shall continue to be effective in full force.
These Terms and Conditions, including its construction, interpretation, validity, performance, and enforcement, or the resolution of any controversies, disputes, or claims arising in connection to or in any way related to these Terms and Conditions shall be interpreted by the laws of Kuala Lumpur, Malaysia. Any controversy, dispute, claim or difference arising out of, or in any way connected to these Terms and Conditions, or its violation, invalidity or termination shall be subject to the exclusive jurisdiction of the Court in Kuala Lumpur.
If you have any questions or inquiries about these Terms and Conditions, kindly contact Prokey through [email protected]