Keyin - A Revolution in Contact Management

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terms & conditions

	KEYIN WEBSITE TERMS AND CONDITIONS 

 Legally binding Agreement 

 1. By registering, accessing, viewing uploading 
 or downloading any business card information
 to the KeyIn Website, you conclude a legally 
 binding agreement with keyin (2009) Ltd of 
 15 Torlesse Street, Nelson, New Zealand, 
 trading as KeyIn, based on the terms of this 
 User Agreement. 
 2. If you are using the KeyIn website on behalf of
 a company or other legal entity, that entity
 may have a separate agreement with us, but
 you are nevertheless individually bound by the
 terms of this Agreement. 
 3. By becoming a user, you acknowledge that you
 have read and understood the terms and 
 conditions of this Agreement and you agree to
 be bound by all its terms. 

 Your Obligations 

 4. You must comply with all applicable laws and
 the terms of this Agreement which may be
 amended from time to time. 
 5. By submitting your business card information
 you grant a non-exclusive, irrevocable, world
 -wide, perpetual, unlimited, assignable, sub-
 licensable, fully paid up royalty free license for
 us to copy, display and distribute your business
 card information without any further consent,
 notice and/or compensation to you or to any
 third parties. 
 6. By submitting any information to us, you
 represent and warrant that the submission is
 accurate, is not confidential, and is not in
 violation of any contractual restrictions or
 other third party rights. 
 7. You are entirely and exclusively responsible
 for ensuring that the correct vCard
 information is uploaded or generated for
 your KeyIn code number.
 8. You undertake to inform KeyIn if such
 information changes after your initial
 registration with KeyIn, and if appropriate,
 you agree to submit such modifications
 yourself as required. 
 9. KeyIn reserves the right to remove any 
 content you submit which is offensive or
 unlawful but otherwise exercises no control
 over any content you or others submit
 while using the KeyIn Website. 
 10. KeyIn has no obligation to verify the
 identity of any users when they are
 connected to the site, upon registration or
 to supervise the content which has been
 provided by users, and you are solely 
 responsible for satisfying yourself as to the
 true the identity of another user of the KeyIn
 Website. 
 11. We refer you to our separate privacy policy. 
 12. Should you believe someone is misusing or 
 otherwise appropriating your business card
 information you must immediately inform 
 KeyIn. 
 13. You must keep your password and username
 confidential, and not let others use your KeyIn
 account. 
 14. You are responsible for anything that happens
 through your account unless you notify us of a
 breach (contact customer.service@keyin.biz )
 close down your account or prove that your
 account security was compromised due to a
 fault of our system. 
 15. You agree to indemnify us and hold us 
 harmless from any damages, losses and costs
 (including, but not limited to, reasonable legal
 fees) relating to third party claims, charges or
 investigations caused by your acts or omissions,
 including failure to comply with this agreement. 
 16. You agree to pay the applicable fees for our 
 services upon registration in advance quarterly
 as they fall due. Failure to pay the fee by due
 date will result in automatic termination of your
 account within 14 days without further notice to
 you. 
 17. If you cancel your registration within 14
 days of making your initial payment, the
 initial payment will be refunded. 
 18. The KeyIn service may be available through
 your mobile phone or accessible on your
 mobile phone through a down loadable
 application ("Mobile Services"). By using
 Mobile Services, you agree that we may
 communicate with you by way of SMS,
 MMS, text message or other electronic 
 means to your mobile device and that
 certain information about your usage of
 mobile services in relation to Keyin may 
 be communicated to us. 
 19. By using Mobile Services you agree to
 the updating on a periodic basis by 
 connecting to the transferring data
 from services through the internet and/or
 communication systems to provide
 content updates and populate your
 mobile device with new information. 
 20. You undertake not to distribute the vCard
 details of other users but you may pass
 on the keyin code. 
 21. You acknowledge that keyin has no control
 over vCards which have been downloaded
 by keyin users and that deleting the
 vCard stored on keyin will not result in
 the deletion of vCards previously
 downloaded by keyin users 
 22. If you change or deactivate your mobile
 telephone number you agree to promptly
 update your KeyIn account information
 to ensure that your messages are not sent
 to the person who acquires your old number. 
 23. Use of Mobile Services may result in
 charges imposed by your wireless provider
 and you will be responsible for such charges. 
 24. On condition that you comply with all your
 obligations under this Agreement, we grant
 you a limited, irrevocable, non exclusive,
 non assignable, non sub- licensable right to
 access through a generally available Web
 Browser we provide on the KeyIn web pages
 and in accordance with the Agreement and
 specific terms of use which were made
 available to you, but you must not use any
 scrapping, spidering, cooling or other
 technology or specialist program used to
 harvest data to view the information. 
 25. You undertake not to use automated
 methods to add contacts, send messages
 or other permitted activities. 
 26. You undertake not to engage in "framing",
 "mirroring" or otherwise simulating the
 appearance and function of KeyIn's website. 
 27. You undertake not to attempt or actually 
 override any security KeyIn may install in
 relation to the KeyIn Website and Service. 
 28. You undertake not to attempt to or actually
 access KeyIn by any means other than
 through the interface provided by KeyIn to
 its website. 
 29. You undertake not to use or attempt to use
 another's account without authorisation or
 to create a false identity on KeyIn. 
 30. You undertake not to upload, post, e-mail,
 transmit or otherwise make available or
 initiate any content that falsely
 impersonates or otherwise misrepresents
 your identity. 
 31. While keyin will take all reasonable steps to
 ensure that its service is free from viruses
 or harmful progremmes, you undertake to
 maintain virus protection and undertake
 not to hold keyin liable for any damages
 which may occur as a result of retrieving
 data from the keyin website server or via
 email sent by keyin. 

 Our Rights and Obligations 

 32. For as long as KeyIn continues to offer
 services, KeyIn shall provide the KeyIn
 platform and service with the purpose
 of providing all members of the site with
 business card information through KeyIn's
 proprietary tools, rules and protocols which
 KeyIn may update, improve, discontinue 
 and change at any time at its sole discretion. 
 33. KeyIn will use its best endeavours to keep
 the KeyIn Website and the KeyIn Service
 operating at all times, but you acknowledge
 that at various times your requests to upload
 or download vCard information may not be
 able to be processed, and that events
 related to maintenance, back-up, security
 or capacity requirements or events beyond
 KeyIn's control may temporarily disrupt the
 keyin service. 
 34. Keyin will not held responsible for any loss
 of data due to any of the activities referred
 to in clause 33 or for any other reasons
 beyond keyin's control. 
 35. Any use of KeyIn such as using KeyIn as a
 means to generate revenue through the sale
 of contact information to others is strictly
 prohibited and is a violation of this
 agreement which result in immediate
 termination of your account without further
 notice to you. 
 36. KeyIn is not responsible for any business
 which may be transacted between
 individuals or companies which have
 established a connection through KeyIn 
 37. KeyIn undertakes not to distribute your
 V-card details to third parties unless the
 associated key code has been submitted
 to the KeyIn server. 38. Subject to keyin's
 shutdown policy, keyin may modify,
 replace, refuse access to, suspend or
 discontinue the KeyIn Service partially or
 entirely, or charge you modified prices for
 KeyIn. All of these changes shall be effective
 upon their posting to your site or by email
 communication to you. 
 39. KeyIn will use its best endeavours to keep
 the KeyIn website operating at all times,
 but at times you acknowledge and agree
 that we may send you important information
 notices regarding the KeyIn Service by email
 or through other means, including mobile or
 other hand held devices. 
 40. You acknowledge and agree that we shall
 have no liability associated with or arising
 from your failure to maintain accurate
 contact or other information, including,
 but not limited to your failure to receive
 critical information about the service. 
 41. You agree that we may access, preserve
 and disclose your registration and any
 other information you have provided if
 required to do so by law or in good faith
 where such access, preservation or
 disclosure is reasonably necessary to
 comply with legal process, enforce this
 Agreement, respond to claims of violation
 of the rights of third parties, respond to
 your requests for customer service or
 protective rights, property or personal
 safety of KeyIn, its users and the public. 
 42. You are solely responsible for your
 interactions with other members/users.
 KeyIn reserves the right, but has no
 obligation, to monitor disputes between
 you and other members/users and to
 terminate your account if KeyIn 
 determines at its sole discretion that
 doing so is prudent. 

 Disclaimer 

 43. You should not rely on KeyIn, any 
 information therein, or its continuation.
 KeyIn does not provide any express
 warranties or representations as to the
 accuracy of the information provided on
 the site. 
 44. To the fullest extent permissible under
 applicable law KeyIn disclaims any and all
 implied warranties and representations,
 including without limitation, any warranties
 of merchantability, fitness for a particular
 purpose, title, and non-infringement. 
 45. KeyIn makes no representation that your
 use of the KeyIn Service will not infringe
 the rights of third parties. Any material,
 service or technology described or used
 on the website may be subject to
 intellectual property rights owned by third
 parties who have licensed to us such
 material, service, or technology. 
 46. KeyIn does not have any obligation to
 verify the identity of persons using its
 services, nor does it have any obligation
 to monitor the use of its services by other
 users. 
 47. KeyIn declines all liability for identity
 theft or any other misuse of your
 identity or information. 
 48. KeyIn will use its best endeavours to
 ensure that the services it provides
 will function without interruption or 
 errors in function. The operational 
 feed for services may be
 momentarily interrupted due to
 maintenance, updates or technical 
 improvements. KeyIn disclaims all
 liability for damages caused by any
 such interruption or errors in
 functioning and for any
 malfunctioning, impossibility of
 access or poor use conditions of
 the KeyIn Website due to
 inappropriate equipment disturbances 
 linked to the internet service provider,
 to the saturation of the internet
 network, and for any other reason
 unrelated to KeyIn.

 Liability 

 49. Neither KeyIn nor any of its
 subsidiaries, affiliated companies,
 employees, shareholders or directors
 shall be liable for any damages in 
 excess of the charges it has made to
 you for use of the KeyIn service, or
 any special incidental, indirect
 additional or consequential damages
 for loss of use, profit, revenue or
 data to you or any third person
 arising from your use of the KeyIn
 Service, or any of the content or 
 other materials on, accessed through
 or downloaded from KeyIn is unaware 
 or has not been advised of the
 possibility of such damages. 

 Termination 

 50. You may terminate this agreement,
 for any or no cause, at any time, 
 with notice to KeyIn. 
 51. KeyIn may terminate this Agreement
 for any or no cause, at any time, with
 or without notice. 
 52. Termination of your KeyIn account 
 includes disabling your access to KeyIn,
 the KeyIn control panel, removing your
 vCards/ key codes and reassigning
 your master key/s & Key codes so
 they are available to other
 potential clients, and may bar you
 from any future use of the KeyIn
 service. 
 53. You shall not be entitled to any refund
 of any sum paid for KeyIn's services. 
 54. KeyIn has a policy of terminating at 
 its sole discretion members who are
 repeated infringers under the copyright
 legislation of any relevant jurisdiction
 and KeyIn may limit at its sole discretion
 access to the KeyIn Service and/or
 terminate the memberships of any users
 who infringe any intellectual property
 rights of others, whether or not the user
 is a repeated infringer. 

 Applicable Law 

 55. This Agreement and any disputes with
 KeyIn arising out of or in relation to this
 Agreement shall be governed by the law 
 of New Zealand and shall be subject to
 the non-exclusive jurisdiction of the
 courts of New Zealand. If you access the
 KeyIn service from a jurisdiction other
 than that of New Zealand, you assume
 sole responsibility for complying with the
 laws of that jurisdiction. 

 Severability 

 56. If any provision of this Agreement is
 found to be invalid or unenforceable under
 the laws of any jurisdiction, such provision
 shall be interpreted as to give maximum
 effect to its intended purpose and this
 shall not affect the validity of enforceability
 of the provision under the laws of any other
 jurisdiction or any other provision of the
 Agreement. 

 Notices and Complaints 

 57. We may notify you through postings on
 keyin.biz and/or via email, messaging to
 your mobile device. You may also notify us
 by email at complaints.officer@keyin.biz .
 Any notice which you provide to us which
 does not comply with this section shall have
 no legal effect. 

 58. If you have a complaint you must send the
 information identifying yourself and the
 nature of your complaint to KeyIn's
 complaint manager as follows: 
 59. Postal address: Complaints Officer,
 Keyin (2009) Ltd, PO Box 2432, Stoke 7041,
 Nelson, New Zealand. Email to: 
 complaints.officer@keyin.biz [1]

 Amendments 

 60. We reserve the right to amend, modify,
 supplement or replace the terms of this
 Agreement, such amendments being
 effective upon posting at www.keyin.biz .

 Non Waiver

 61. A failure to act in relation to a breach by
 you or others does not waive our right to
 act in respect of that breach or similar or 
 subsequent other breaches. 

 Assignment

 62. You may not assign or delegate any rights or 
 obligations under this Agreement and any
 purported assignment and delegation shall 
 be ineffective. 
 63. KeyIn may freely assign or delegate all rights
 and obligations under this Agreement, fully or
 partially. 

 Entire Agreement 

 64. You agree this Agreement constitutes the
 entire Agreement between you and us in
 relation to the KeyIn Service.

 KEYIN WEBSITE PRIVACY POLICY 

	1. By using the KeyIn Service you are
 accepting the practices set out in this
 Privacy Policy.
 2. When you subscribe to the KeyIn Service you
 provide us with two types of information, 
 personal information you choose to disclose 
 that is collected by us and Website use 
 information collected by us as you interact with
 the KeyIn Website.
 3. When you register with KeyIn you provide us 
 with personal information such as your name,
 email address, country, location, telephone and
 mobile service numbers.
 4. We also collect this information when you
 submit your application for subscription and
 when you upload your vCard details to the KeyIn
 website.
 5. A cookie is a piece of data stored on the
 user's computer tied to information about the user.
 The use of a cookie is in no way linked to any
 personally identifiable information while on our
 site. 
 6. You post your vCard information on the KeyIn
 Website at your own risk. Although access is 
 limited by way of the keyin code and the server
 is protected by security measures and behind a
 firewall please be aware that no security measures
 are perfect or impenetrable. We are not
 responsible for the circumvention of privacy
 settings or security measures on the Website.
 7. By using the KeyIn Website you are consenting
 to have your personal data transferred and
 processed in the United Kingdom and elsewhere
 in Europe, the United States and other countries.
 8. You may access the personal information we hold
 about you at any time and arrange for correction
 of any details by contacting us at: 
 customer.service@keyin.biz [2]
 9. cVard information you supply to KeyIn will be
 available to other users of KeyIn.
 10. We do not provide or sell information to third
 party marketers. 
 11. We reserve the right to change our privacy
 policy at any time.

 

Links:
------
[1] mailto:complaints.officer@keyin.biz
[2] mailto:customer.service@keyin.biz
accept terms & conditions*