Keyin - A Revolution in Contact Management
keyin, a revolution in contact management

terms and 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  

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
9.            vCard 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.

 

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