KeyBuddy Limited ("KeyBuddy", "We", "us") provides this website and all site-related services including the content, the equipment and code related thereto (collectively the "site") subject to your compliance with the terms and conditions below. Please read these terms and conditions agreement ("Agreement") carefully before using this site. By using this site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the site.
This Agreement is made between the Company and you, the registered user ("You") We reserve the right at any time to:
You must be at least 18 years of age to use the Site.
If you are entering this Agreement on behalf of a company or partnership, then you represent that you have the authority to do so.
The Service provided by KEYBUDDY is an exchange for the management of access to and exchange of Keys. KEYBUDDY allows registered users who have paid for a subscription to use the service to allow for the pick-up of keys at public locations such as in cafes, bars, restaurants and/or other businesses open to the public who have key boxes on their premises.
KeyBuddy assumes no responsibility for the content or practices of any third party on the site
There are links on The Web Site which allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by KeyBuddy. KeyBuddy makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. KeyBuddy has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites.
The Service is provided to You "AS IS" for Your information and for the intended and permitted uses only. It may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose other than the use as intended through the provided functionality of the Service. KEYBUDDY reserves all rights not expressly granted in and to the Service. KEYBUDDY reserves the right to discontinue any aspect of the Service at any time for any reason.
Customers using the Service must provide information as required from KeyBuddy including but not limited to name, email address, mobile and telephone number as further required in the registration.
By registering with us, you agree to provide accurate and current information about yourself as prompted by the registration form and maintain and promptly update your profile information to keep it accurate and current. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your registration.
The Key shall not be marked or identified in any way so as to connect it to a specific point of access/address.
KEYBUDDY believes the key boxes and Equipment is robust, that Equipment failures are rare, and that most failures can be addressed by contacting KEYBUDDY's customer service. However, KEYBUDDY has no immediate or direct physical control over the use of the Equipment in any of the Locations and KEYBUDDY assumes no liability for Equipment failure, or any delays caused by Equipment failure or any consequential damages. If Equipment fails, KEYBUDDY's liability is limited to repairing or replacing the Equipment, at KEYBUDDY's option.
Rights to Access Keys. Once Your Key is placed in the keybox at a Location, You agree that Your Key may be accessed only by You or Your authorized customer according to KEYBUDDY's access protocols on the Site. KEYBUDDY will not grant access to Your Key to your customer, even if KEYBUDDY believes You may have accidentally given access on the wrong dates or made some other accidental omission. You further acknowledge and agree that KEYBUDDY cannot guarantee continuous physical access to Your Key and that Your physical access is subject to the operating hours and conditions existing at each Location. You agree that Your rights of ownership or possession as to Your Key do not entitle You or Your End Users to subvert or access the Equipment by any means except by KEYBUDDY's protocols during the operating hours and subject to the conditions existing at each Location. You agree that KEYBUDDY has the right in its sole discretion to access, move, or permit access to or movement of Your Key when it deems it reasonably necessary to the operation of the Service or the Equipment. Location Users agree to take ordinary care to access Keys only according to KEYBUDDY's access protocols or as otherwise instructed by KEYBUDDY or its personnel in response to Equipment or Service failures.
If KEYBUDDY learns that a Location has closed or will close, or that a Location User will no longer operate as part of the Service, KEYBUDDY will use its best efforts to maintain availability and to schedule a transfer of Keys to the nearest available Location. KEYBUDDY will also notify You of the closing as soon as possible, so You may pick up Your Key, if You do not wish for Your Key to be transferred. If a Location closes, KEYBUDDY's liability is limited to its obligation to use its best efforts to transfer Your Key to the nearest available Location.
KEYBUDDY has no interest in or control over any business operated at any Location by any Location User.
You may only use the Service and the Equipment for lawful purposes. You agree to use the Service and the Equipment only in a manner consistent with any and all applicable laws, regulations, and KEYBUDDY's policies and procedures.
KEYBUDDY reserves the right to investigate and take action against any Customer who, in KEYBUDDY's sole discretion, violates this provision. Such action may include, without limitation, removing Customer Information from the Service, inspecting items dropped off at any Location, and terminating the account of any infringer.
You expressly agree that You will not (i) use the Service or the Equipment for sending or storing any unlawful substance or material, to gain unlawful access, in furtherance of any crime, or for fraudulent purposes; (ii) use the Service to infringe upon any third party's privacy rights, intellectual property rights, contract rights, or any other rights of any person, or to defame or to slander any person; (iii) collect or harvest any personally identifiable information, from the Service, nor use the communication systems provided by the Service (e.g., comments, content posting, or email) for any commercial solicitation purposes; (iv) solicit, for commercial purposes, any Customers of the Service; (v) use the Service for the purposes of obtaining Confidential Information or product information for the development of a similar or competing product; (vi) reverse engineer the Service or the Equipment; (vii) use or launch any automated system, including without limitation any "robot" or "spider" that accesses the Service; or (viii) interfere with, or attempt to interfere with, the Service or the networks or services connected to the Service, whether through the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the same to occur. The Service and the software embedded within the Service may include security components that permit digital materials to be protected and use of the Service is subject to usage rules set by KEYBUDDY and/or other content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. This section will survive any termination of these Terms.
Use of the Equipment. You covenant and agree that You will take ordinary care in Your use of the Equipment and that You will not misuse or abuse the Equipment in any way.
The Service and the Equipment may be subject to limitations, delays, and other problems inherent in the use of the internet, electronic communications, and call centers, or inherent in changes, upgrades, maintenance, and servicing of the Equipment and the Service. KEYBUDDY is not responsible for any delays, delivery failures, or other problems resulting from such inherent limitations.
In order to access the Service and become a Customer, You must create a KEYBUDDY account and register as a member by providing complete and accurate registration information, including: a valid email address, password, and other required information. You must notify us if Your information changes.
By registering at registration, you will select a User I.D. and Password. You are responsible for maintaining the confidentiality of the Password and User I.D., and you are responsible for all activities that occur under Your Password and User I.D. You agree to (a) immediately notify us of any unauthorised use of your User I.D. and Password, and (b) ensure that you exit from your Web Site session at the end of each visit.
KEYBUDDY is not liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses of KEYBUDDY or others due to any unauthorized use. For the security of all Customers, You agree to follow KEYBUDDY's protocols for granting Key access. If You give anyone Your mobile number, PIN or other access credentials to access Your Key, You agree You have knowingly and intentionally breached Your security and KEYBUDDY's security and that You will be liable for any harm that may result from the unauthorised party's access to Your Key or to the Service.
Any fees owed by You to KEYBUDDY for Your use of the Service are due immediately and all payments received are non-refundable, even upon termination of Your account, whether by You or by KEYBUDDY. All pricing information is published on the Site and is subject to change at the sole discretion of KEYBUDDY. By continuing to use the Service after a change in pricing, You accept any new pricing.
You hereby authorize KEYBUDDY to bill Your credit card, debit card, or other payment instrument in advance and on a periodic pay per use basis in accordance with the Subscription Plan You choose until You terminate Your Subscription Plan. You represent and warrant that You are authorized to use the credit card, debit card, or other payment instrument used in connection with Your account and that the information provided by You is current, complete, and correct. KEYBUDDY uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for KEYBUDDY.
Invoices for receipt of payment will be made available in Your account and will not be sent to You by email. Please log in to Your account to view and obtain invoices for the Service. All charges are considered valid unless You dispute them in writing within 30 days of the billing date.
The term of Your account and any pro-rations for partial terms are specified in Your Subscription Plan. Once all of Your Keys are removed by You from the Equipment, You may request the cancellation of Your account in Your account settings at any time. KEYBUDDY may, in its sole discretion and without liability to You, with or without cause, with or without prior notice, and at any time, decide to limit, suspend, deactivate, or cancel Your KEYBUDDY account. In the event Your account is cancelled by KEYBUDDY and You have a Key at a Location, we will remove the Key and mail it to You within 5 business days of receiving Your mailing address. If you do not supply Your mailing address within thirty (30) days of the date of cancellation, the Key may be discarded by KEYBUDDY without further liability to You.
"Confidential Information" means any information which You may receive in the course of being a Customer or in business discussions or relations with KEYBUDDY, that is technical data or know-how of KEYBUDDY including, but not limited to, any confidential and proprietary trade secrets, hardware, software (source code and object code), screens, specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, Customer names and other information related to Customers, pricing policies, custom price lists, commission arrangements and financial information or other business and/or technical information and materials, in oral, demonstrative, written, electronic, graphic or machine-readable form and any analyses, compilations, studies or documents. You agree to keep strictly confidential and to not disclose or use for any purpose other than for performing Your obligations under these Terms any of KEYBUDDY's Confidential Information. This Section 6 will survive any termination of these Terms.
The Web Site and its Content are protected by copyright, trademark and other laws. KeyBuddy. All rights reserved. KeyBuddy does not convey to anyone, through allowing access to The Web Site, any ownership rights in The Web Site or in any Content appearing on or made available through The Web Site.
The web site and its content are provided "as is". KEYBUDDY and its licensors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, regarding any such content and your abiliity or inability to use the web site and its content.
Use of the web site, the equipment and its Content is at your sole risk. KEYBUDDY will in no event be liable to you or any person or entity claiming through you for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in or the use of or inability to use the web site and its content including without limitation, damages for lost profits, business, data, or damage to any computer systems, even if you have advised nightline of the possibility of such damages.
You hereby release, and agree to indemnify and hold harmless KEYBUDDY and its respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable legal fees, arising out of Your use or viewing of The Web Site, the equipment and its Content.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, and these Terms shall be construed to give effect as nearly as possible to the original intent.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and KEYBUDDY's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.