Terms and Conditions

Last updated: August 15, 2021

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Kroudi.one website and the Kroudi mobile application (together, or individually, the "Service", the “Site”) operated by Kroudi LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Privacy Practices

You agree that any information you provide in connection with the Services and Site shall be governed by our Privacy Policy https://www.kroudi.one/privacy/, which is hereby incorporated and made a part of this Agreement.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Kroudi may contact you by telephone, mail, or email to verify your Account information. We may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

Consent to Receive Calls and Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of Kroudi at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, reminders, etc.) and communications relating to the Site and Services. Kroudi is not going to make calls or send text messages to customers with active subscription for promotional purposes.

You can opt out from receiving text messages or calls from within the Application. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services. You further agree that the pharmacy you have selected to fill your prescription may contact you via our Site, by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf regarding any prescriptions from your doctor or updates related thereto.

Service Definition

The Kroudi mobile application is a social tool allowing users to:

  • Suggest a product to buy together as a crowd,
  • Browse through and search within current product suggestions,
  • Follow users that consistently make good product suggestions,
  • Save product suggestions as favourites,
  • Join a Kroudi by ordering a suggested product,
  • Check the status of the order & shipping,

A product suggestion consists of a product description, a link to the product information provided by the manufacturer, a minimum order quantity, respective price per unit and is called a “Kroudi”. Users that made a product suggestion that reaches its order quantity goal will receive a payment of 1% of the order volume from Kroudi.

Kroudi does not choose the products that can be ordered within the Kroudi mobile application. Only the users decide what to order together, from which manufacturer, at which price and which quantity. The role of Kroudi is providing the application as a tool to facilitate crowd purchases, to collect payments and manage order process and logistics on behalf of the users but in the name of Kroudi.

Kroudi as Your Agent

By placing an order within the Kroudi application you declare Kroudi as your agent for managing the order and product delivery. Kroudi is not sponsored by or affiliated with any of the suppliers identified on our Site and does not endorse any specific supplier or product. Any trademarks and logos of any third parties on the Site are the property of their respective owners. It is your own responsibility to assess the product characteristics to make sure a particular product fits your needs. Use the chat function for each product listing to communicate with other users and don’t hesitate to create a new product suggestion in case a different alternative would be a better fit for your and other users’ requirements. The duties of Kroudi as your agent are:

  • Collecting your payment for product, shipping, Kroudi’s fee and VAT and aggregate it with the payments of other users who participated in the same Kroudi,
  • Trying to negotiate a better price or improved product features with the supplier from which the product should be ordered,
  • Enter a contract with the supplier based on which the product will be provided at the agreed price,
  • Pay the supplier the agreed price,
  • Organise pickup of the product at the supplier, shipping, customs clearance and delivery to you,
  • Constantly update you on the order and shipping status,
  • Communicate with the supplier concerning product warranty, customer service, feature requests for future products and supply with spare parts.

You authorize Kroudi to act as your agent in connection to the Services Kroudi is providing to you and the appointment will end if this Agreement is terminated.

Services Provided – Kroudi is not selling products

As your agent, Kroudi is not considered the seller of the products and does not assume any liability related to the products and any product characteristics including but not limited to reliability, durability, design, completeness of features and overall quality. Kroudi is not choosing the products but is your order and logistics agent.

Our application allows you to access product information and discuss it with other users. Kroudi is solely facilitating the communication and not providing advice and does not make recommendations of specific products or manufacturers. Any decisions you make based on the information accessible within the Kroudi application is at your own risk and you assume full responsibility for all risks associated herewith. The same is true for content provided by other users or product suppliers. Any content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only. It is to be considered as an opinion of other users only and does not constitute professional advice or recommendations of any kind by Kroudi or other users sharing their suggestions, opinions and personal experiences via the Service.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

By using the payment service to make a payment, you authorize our payment service vendor to process payment transactions initiated by you through the payment service using your financial accounts that you designate. You agree that you are fully responsible for any such transactions and agree to only use financial accounts where you are an authorized user on the financial account. You authorize our payment service vendor to make any debits, withdrawals, charges or transfers from your financial account in the amount you ask for, including any surcharges or fees that may apply. In the event that there is an issue with our payment service vendor delivering your funds to our aggregation account, our vendor will make best efforts to resolve the issue on your behalf in a timely manner. In certain cases, you can request a refund of a specific payment. Contact Kroudi to answer any additional questions. When our payment service vendor needs to return funds to you, the funds will be returned to the same financial account you originally used to make the payment. In no event will we or our payment service vendor be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of the payment service. When using the payment service, your entered payment method information will be protected by us and our payment service vendor. Our payment service vendor follows major payment card industry (PCI) data security standards.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Although We attempt to ensure the integrity and accuracy of the Site and Service descriptions, We make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions, and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Kroudi shall have no responsibility or liability for information or content posted to the Site from any non-Kroudi affiliated third party.

We reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. Kroudi users may receive a referral promotion code that can be used to invite new users to Kroudi but they can’t be used by existing users. It is not allowed to distribute such Referral codes publicly on sites where you are not the primary content owner like e.g. coupon websites or in case of promotion via search engines and advertising activities. We reserve the right to suspend your account and revoke any referral credits if they were earned in violation of these Terms of Use. If you obtain a referral promotion code in violation of these Terms of Use, Kroudi reserves the right to charge the credit card that you have provided for the amount of any unauthorized offers.

For any Service subscriptions purchased within the App or via Kroudi.one, Kroudi LLC shall be the seller of record for sales tax purposes, and, without limiting the generality of the foregoing, you agree to pay Us any taxes imposed on the sale of subscriptions or other products or services via the Service, for remission by Kroudi to appropriate taxing authorities.

A valid payment method, including credit card or PayPal, is required to process the payment for your purchases. You shall provide Kroudi LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Kroudi LLC to charge all purchase costs and fees incurred through your account to any such payment instruments.

Fees and Fee Changes

Kroudi charges a fee of 20% of the total net order volume of each crowd purchase to finance the cost of the service including the shipping costs. Kroudi reserves the right to charge additional shipping costs if goods with low value and large shipping volume are ordered, to compensate for disproportionally high shipping costs. In these cases, we will make the decision transparent and notify you before the Kroudi will be finished to avoid bad surprises.

Kroudi LLC, in its sole discretion and at any time, may modify the transaction fees and any fee change will only become effective for future group purchases.

System Requirements

Your system may need to meet certain minimum requirements in order for you to be able to utilize each Service (“Minimum System Requirements”). You are solely responsible for ensuring that your system meets the Minimum System Requirements and for any costs associated with this.

Refunds

All sales are final from the perspective of Kroudi. As your agent, Kroudi is not able to offer a refund policy. While product suppliers do in some cases offer a refund policy, it is rarely an economically wise decision to return a product to the supplier due to the high cost of shipping and coordination efforts. Because the products on Kroudi are a lot cheaper than the same or similar products at local retail stores or e-commerce sites, we recommend selling a product on classified ads websites or auction platforms in the hopefully rare event that you might not be fully satisfied with a purchase you made with Kroudi as your agent. Kroudi may at its own discretion make individual refunds or other offers to single users or groups of users. If one user received an offer, it does not imply a legal right for other users to receive the same offer.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Kroudi LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Kroudi LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kroudi LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kroudi LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Kroudi LLC

Kroudi LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Kroudi LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service and cancel or subscription here: https://Kroudi.one/termination . The termination is deemed effective once it is reflected in your Kroudi payment portal.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Kroudi LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Kroudi LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Kroudi LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Apple-Specific Terms and Conditions In addition to your agreement with the foregoing Terms, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of any Application that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including, without limitation, any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to Aetna. The license you have been granted herein is limited to a non-transferable license to use the Application on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Aetna's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Georgia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.