- We are Yabonza Keys Pty Ltd a company registered in Australia (ABN 62 624 913 499) whose registered address is Level 50 Miller Street, North Sydney, NSW, 2060 (“we”/ “us”/ “our”).
- We own and operate the website Yabonzakeys.com (including its sub-domain yabonza.keynest.com).
- This agreement applies as between a user of Yabonza Keys (“you”/ “your”) and us.
- Your agreement to comply with and be bound by these terms and conditions (“Terms”) is deemed to occur upon your first use of Yabonza Keys, upon signing up for an online Yabonza Keys account (“Account”), upon registering your keys with Yabonza Keys (“Registration”) and upon you requesting a Yabonza Keys code for your keys (“Collection Code”). By continuing to use Yabonza Keys you represent and warrant that you are over the age of 16.
- If you do not agree to be bound by these Terms, you must stop using Yabonza Keys immediately.
- No part of Yabonza Keys is intended by itself to constitute a contractual offer capable of acceptance. An order for a Yabonza Key made by you through your Account will however constitute a contractual offer to us and our acceptance of that offer is deemed to occur and a contract will be formed (“ the Contract”) upon payment to and confirmation of that payment by the Payment Website.
- These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
WHAT WE DO
- We are an online platform where you can generate an access code for your keys, a Collection Code, so that you can store them at one of our Yabonza Keys supported third party locations (“Location(s)”) and so that these can be collected by someone who provides the Location with your Collection Code (be that you or a third party selected by you and provided with your Collection Code). The Yabonza Keys platform is licensed to us from KeyNest Services Limited a company registered in England under company number 10024536 whose registered address is 5th Floor, First Central 200, 2 lakeside drive, London NW10 7FQ.
- To use Yabonza Keys you are required to create an Account which will contain certain details. By continuing to use Yabonza Keys and upon creating an Account you represent and warrant and will continue to represent and warrant that:
- You are over 16 years old;
- all information you submit is accurate and truthful;
- you have permission to submit such information where permission may be required; and
- you will keep this information accurate ,truthful and up-to-date.
- Sharing of Accounts is not permitted unless and until we expressly authorise it in writing.
- You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another party or person without consent, you should contact us immediately to suspend your Account. Please be aware that due to the instantaneous nature of the Collection Code delivery, pending or
completed purchases cannot be cancelled.
- When choosing your username you are required to adhere to these Terms. Any failure to do so could result in the suspension and/or deletion of your Account.
- Please note that for security reasons and due to the nature of our services we do not take the full address of any of your properties when registering your Account.
- To be able to store your keys at a Location you will first need to register the specific keys with us through your Account.
- You will be able to assign a name to your keys. For cybersecurity reasons you should not use any details which may uniquely identify your keys and their use (e.g. your exact address etc.)
- Once you receive your Registration Code you will be able to take your keys to the selected Location. On your initial drop off for the keys at the Location our Yabonza Keys fob will be attached to your keys.
- The keyfob will at all times be owned by us. We reserve our right to require you to return our keyfob at our request, upon demand and within 24 hours of being put on notice of such request. Upon Registration you warrant to us that you will keep the keyfob in a good condition.
- For security reasons you should not have any identifying objects or marks on your keys (e.g. keyrings etc). This includes any name allocated to the keys or unique identifiers being on the keys including but not limited to keytags, attachments, markings and colours
- To store your keys at a Location, following Registration, you agree that you will purchase a Collection Code from us through Yabonza Keys to collect your keys.
- The keys must be stored at the same Location that you have selected on Yabonza Keys. We are not responsible if you or someone who has your key(s) takes your key(s) to the wrong Location. You are responsible for ensuring that the correct Location is identified and selected prior to placing an order for a Collection Code.
RELEASE OF KEYS
- The Location will release the key(s) to anyone who provides them with your Collection Code (be that you or a third party selected by you and provided with your Collection Code). Such process may be amended by us from time to time.
- Any images, descriptive matter or advertising supplied by us and any descriptions or illustrations contained on Yabonza Keys are for the sole purpose of giving an approximate idea of our services described in them. They are for information purposes only and for the avoidance of doubt they shall not form part of any agreement between us and you or have any contractual force or effect.
- Whilst every effort has been made to ensure that all descriptions of services offered by Yabonza Keys correspond to our actual services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes directly due to negligence on our part and refers only to variations of the correct services, not different services altogether
- We do not represent or warrant that all services will be available at all times.
- At all times the only service we provide to you is the automatic generation of a unique access code, the Collection Code, through which Yabonza Keys can be used to enable access to your keys from a Location.
- We are not responsible for the storage of your keys at the Locations which are at all times administered and run by third parties.
- At all times you remain totally responsible for anyone to whom you provide the Collection Code or allow access to your keys. You must take appropriate precautions and follow normal safety guidelines. Disclosure of your Collection Code to anyone is done so entirely at your own risk and you are, at all times, responsible for the safety of your keys, property and self.
- You accept and agree that we have no liability in respect of any loss, damage or injury suffered as a result of the disclosure of your Collection Code and access to your keys by you or any party or person to whom you have provided the Collection Code to.
- When using our services you assume all risk including, and without limitation, any use or misuse of your keys by a third party.
- You agree to indemnify and keep indemnified, defend and hold us, our officers, directors, employees, agents and third parties harmless for and from any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of claims, damages and all losses which arises from or in connection with any use or misuse of your Collection Code by you or any party or person to whom you have provided the Collection Code to.
- Storage of your keys at a Location is subject to availability. If a selected location has reached its capacity for the storage of keys, they are not obliged to take receipt of your key(s).
- The Location reserves its right to refuse to accept any key at any time.
- We are not at any time responsible for any Location including without limitation it being open at a specific time or on a specific day. We endeavor to keep Yabonza Keys up to date with standard opening times of the Locations but the opening times of the Locations are outside of our control.
- We shall have the right to make any changes to our services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the services. In such circumstances we shall have no obligation to notify you.
- If for any reason an existing Location is closed where your keys are stored, we will endeavor to find a new location nearby. You will be notified of the closure as soon as possible and your keys will be moved to the new Location. This will not affect your existing contract in any way, other than the keys will be located at a new Location. If the new location is further than 200 metres from the original Location and you do not accept the new Location and advise us within five (5) business days of the date of our notification to you of the new Location which is more than 200 metres of the original Location, you will be eligible for a refund of the remainder of your subscription fees at the discretion of the Company acting reasonably.
PRICE AND PAYMENT
- Any price advertised or quotation given by us shall not constitute an offer. All pricing information on Yabonza Keys is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated periodically.
- Payment for a Collection Code must be completed before we provide you with a Collection Code.
- In the event that prices are changed during the period between an order being placed for a Collection Code and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
- All prices on Yabonza Keys are inclusive of GST
- Payments to Yabonza Keys are administered through a third party payment site which is integrated into Yabonza Keys. We have no control over or any liability for the third party payment site. To pay for a Collection Code you will be automatically directed to a third party payment website (“Payment Website”). By proceeding to make payment through the Payment Website you agree to abide by the terms and conditions of the Payment Website.
- We will only make a refund of a Collection Code fee but only after you provide us with the reason why you are seeking a refund but any refund (if any) made is in our absolute discretion.
- You are at all times responsible for ensuring that you select the correct Location.
- Collection Codes are only available for instant download and are valid immediately. When purchasing a Collection Code you confirm that you understand that the contract cannot be cancelled.
- Subject to clauses 42 and 46 all purchases of Collection Codes are final and all fees nonrefundable
- We do, however, reserve the right, at our utter discretion, to make full or partial refunds on Collection Codes.
- Your order is an offer to us to buy the requested Collection Code. We only accept your order once we receive confirmation from the third party payment platform that your payment has been successful.
- If we, for any reason, do not accept your order, in normal circumstances no payment shall be taken. In any event, any sums paid by you in relation to an order that is not accepted by us will be refunded within 14 calendar days.
- By registering for an Account and purchasing a Collection Code from us you agree that we can send you the Contract by email
- You shall:
- ensure that any information you provide to us is complete and accurate and at all times remains complete and accurate;
- co-operate with us in all matters relating to the Collection Codes;
- provide us with such information and materials as we may reasonably require in order to supply the Collection Code, and to ensure that such information is accurate and not misleading and at all times remains complete and accurate;
- at all times be responsible for the safety of your keys including at any time whilst they are at a Location, (this includes ensuring that your keys are free of any unique identifiers, including but not limited to, keyrings, attachments, markings and colours). You are aware that there is a risk that your keys, your property and you or the occupant of your property may be at risk of theft, damage or harm (or similar) as a result of using
- ensure that the key(s) is dropped at the correct Location which matches the Location on the Collection Code;
- keep the details of your Collection Code secure and;
- at your own risk, disclose where necessary the details of your Collection Code accurately.
- For the avoidance of doubt you remain responsible for any keys, data, material or information that you submit to us.
- You warrant that you have all necessary permission for any third party material that you submit to us. You warrant that such permission includes the supply of such material to us.
- You hereby indemnify us and hold us harmless from and against any and all claims, demands, proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind and whether in tort (including but not limited to negligence) or contract, or under any other legal theory or doctrine threatened, claimed or awarded against or otherwise incurred by us arising out of or in connection with a breach of clause 50 or clause 555 of these Terms.
- If performance of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Default”)
- We shall, without limiting our other rights or remedies, have the right to suspend performance of the services until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent the Default prevents or delays our performance of any of our obligations;
- We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations; and
- You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Default.
ACCEPTABLE USE POLICY
- You may only use Yabonza Keys in a manner that is lawful and that complies with these Terms. Specifically:
- you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
- you must not use Yabonza Keys in any way, or for any purpose, that is unlawful or fraudulent;
- you must not use Yabonza Keys to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
- you must not use Yabonza Keys in any way, or for any purpose, that is intended to harm any person or persons in any way.
- When submitting any user content (or communicating in any other way using Yabonza Keys), you must not submit, communicate or otherwise do anything that:
- is obscene, deliberately offensive, hateful or otherwise inflammatory;
- promotes violence;
- promotes or assists in any form of unlawful activity;
- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
- is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
- is calculated or is otherwise likely to deceive;
- is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
- misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 58 ii);
- implies any form of affiliation with Yabonza Keys where none exists;
- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
- is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- We reserve the right to suspend or terminate your access to Yabonza Keys if you materially breach the provisions of this these Terms. Specifically, we may take one or more of the following actions:
- suspend, whether temporarily or permanently, your Account and/or your right to access Yabonza Keys;
- remove any content submitted by you that violates these Terms;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as we deem reasonably necessary;
- any other actions which we deem reasonably appropriate (and lawful); and/or
- if necessary direct the Location to retain keys and not allow access to the keys until the situation has been resolved.
- We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms by you.
INTELLECTUAL PROPERTY OF OUR WEBSITE
- Any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer or otherwise that appears on or forms part of Yabonza Keys unless uploaded by you, is our property or that of our affiliates or other relevant third parties. By continuing to use Yabonza Keys you acknowledge that such material is protected by applicable Australia and International intellectual property and other laws.
- You hereby licence us to use any information that you supply to us for use in accordance with generating a Collection Code or allowing a third party Location to perform their services.
- You may not reproduce, copy, distribute, store or in any other fashion re-use any material from Yabonza Keys unless otherwise indicated on Yabonza Keys or unless given express written permission to do so by us.
LINKS TO OTHER WEBSITES
- Yabonza Keys may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on Yabonza Keys does not imply any endorsement of the sites themselves or of those in control of them.
LINKS TO THIS WEBSITE
- Those wishing to place a link to Yabonza Keys on other sites may do so only to the home page of the site www.yabonzakeys.com without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express permission. To find out more please contact us by email at email@example.com
TERMINATION AND CANCELLATION
- Either us or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of services will not commence.
- We reserve the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing services provision.
- If you terminate your Account any non-completed orders or payments will be cancelled. Any refunds under this clause will be at our discretion.
- We make no warranty or representation that Yabonza Keys will meet your requirements, or that it will be of satisfactory quality, or that it will be fit for a particular purpose, or that it will not infringe the rights of third parties, or that it will be compatible with all systems, or that it will be secure or that all information provided by us will be accurate. We make no guarantee of any specific results from the use of our service or services.
- No part of Yabonza Keys is intended to constitute advice and no part of Yabonza Keys should be relied upon when making any decisions or taking any action of any kind.
- No part of Yabonza Keys is intended to constitute a contractual offer capable of acceptance except as expressly set out in these Terms.
VIRUSES, MALWARE AND SECURITY
- Whilst we use reasonable endeavors to ensure that Yabonza Keys is secure and free of errors, viruses and other malware, you are advised to take responsibility for your own security, that of your personal details and computers
- We exercise all reasonable skill and care to ensure that Yabonza Keys is
- secure and free from viruses and other malware. We do not, however, guarantee that Yabonza Keys is secure or free from viruses or other malware and accept no liability in respect of the same.
- You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
- You must not deliberately introduce or negligently allow viruses or other malware, or any other material which is malicious or technologically harmful either to or via Yabonza Keys.
- You must not attempt to gain unauthorised access to any part of Yabonza Keys or KeyNest, the server on which Yabonza Keys is stored, or any other server, computer, or database connected to Yabonza Keys or KeyNest.
- You must not attack Yabonza Keys by means of a denial of service attack, a distributed denial of service attack, or by any other means.
- By breaching the provisions of sub-Clauses 74 you may be committing an eligible data breach under the Privacy Act 1988. Any and all such breaches will be reported by us as required under the relevant provisions of the Privacy Act 1988 including to the relevant authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Yabonza Keys will cease immediately in the event of such a breach.
CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS
- We reserve the right to change Yabonza Keys, its content or these Terms at any time. You will be bound by any changes to the Terms from the first time you use Yabonza Keys following the changes. If we are required to make any changes to Terms by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
AVAILABILITY OF THE WEBSITE
- Yabonza Keys and our services are provided “as is” and on an “as available” basis. We give no warranty that Yabonza Keys or our services will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- We accept no liability for any disruption or non-availability of Yabonza Keys resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
LIMITATION OF LIABILITY
- Subject to clause 79 and to the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption or any indirect, consequential, special or exemplary damages arising from or in connection with the use of Yabonza Keys our services or any information contained therein.
- Yabonza Keys is intended and may only be used strictly in accordance with these Terms and for non-commercial use only.
- Whilst the storage of your keys at the Location is at all times under the direction, control and terms of a third party we may, at our sole and absolute discretion acting reasonably and as a goodwill gesture, replace any keys which have been lost or damaged up to a maximum value of $100 including GST.
- You acknowledge by the use of our services and Yabonza Keys that you do so entirely at your own risk.
- Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation or to the extent that liability cannot be excluded at law.
- In the event that any of these Terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms.
- In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
PREVIOUS TERMS AND CONDITIONS
- In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
THIRD PARTY RIGHTS
- Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between you and us.
- All notices / communications shall be given to us either by post to our Premises (see address above) or by email. Such notice will be deemed received 5 business days after posting if sent by ordinary post or 2 business days if sent by express post, the day of sending if the email is received in full prior to 5.00pm on a business day and on the next business day if the email is sent after 5.00pm or on a weekend or public holiday.
- We may from time to time send you information about our services. If you do not wish to receive such information, please click unsubscribe in the email.
LAW AND JURISDICTION
- These Terms and the relationship between us shall be governed by and construed in accordance with the governing laws of the state or territory of the Commonwealth of Australia ( “State”) in which the keys are held.
- Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State in which the keys are held.