1. Acceptance of terms Key Choice Restore, Inc. (referred to here as “Key Choice”, “us”, “we”) provides its Service (as defined below) to You (as defined below) through its web site located at Key Choice .com and any of the subdomains of Key Choice .com (the “Site”), subject to this Terms of Service agreement.
By accepting these Terms of Service or by accessing or using the Service or Site, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service. If You are entering into this Terms of Service Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms of Service, You must not accept these Terms of Service and may not use the Service.
Key Choice reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to You. Please check these Terms of Service, available on the Key Choice website, periodically for changes. Your continued use of the Service after the posting of any changes to the Terms of Service will signify Your acceptance of those changes.
2. Description of Service The “Service” includes (a) the Site, (b) the system, tools and services provided by Key Choice through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or Service (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to these Terms of Service.
3. Scope of Agreement These Terms of Service cover Your use of the Service, including, but not limited to, the process by which consumers reserve seats with You, schedule appointments with You, enroll or subscribe to services provided by You, purchase goods or services provided by You, as well as Your management of such schedules, seats, appointments, enrollments, subscriptions or purchases through the Service, Your promotion of the service through referrals, and You agree that these Terms of Service apply to Your use of the Service.
By using the Service, You also consent and agree to the terms of the Key Choice Privacy Policy, the Key Choice Referral Program Terms and Conditions, and all other Key Choice legal policies applicable to You, available on the Site or in the dashboard of the Service.
4. Changes to the service Key Choice has the right to change or modify, upgrade, add to, or discontinue the Service or any portion or feature thereof at any time without notice. Key Choice also reserves the right to assign or transfer this Terms of Service Agreement, in whole or in part, without restriction.
5. Registration You must register to access and use the Service. If You are registering on behalf of a company, by registering You agree that You have the requisite authority to register on behalf of such company. You may register third parties as additional users of the Service within Your account or service. You are responsible for the compliance with these Terms of Service of such third parties.
You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins (“Account or service Users”) for as many people as Your account or service plan allows. You further agree that You are solely responsible for Your secure use of the Service, including securing account or service authentication credentials, setting the necessary permission levels for Account or service Users and taking any appropriate steps to securely store any data downloaded from the Service.
You represent that any information You provide during registration or at any time thereafter is true, accurate and complete and that You will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Service. You shall be responsible for maintaining the confidentiality of Your password, and will be solely liable for all actions taken via Your account or service and under Your password, whether or not made with Your knowledge or authority.
By registering, You agree that You will use the Service only for the purposes advertised on the Key Choice website or in other marketing material published by Key Choice , that You are a valid business desiring to use the Service to advertise Your business and generate online reservations, appointments, subscriptions, enrollments, purchases from consumers using the Service, and that any contact information You provide, such as email addresses and phone numbers, is valid and active contact information for You. By registering, You agree that You will use Your account or service to list and offer services that are directly provided by You. You are not authorized to list, offer, promote or sell services provided by others. By registering, You agree that Key Choice will notify You by email of changes or proposed changes that will affect Your Key Choice account or service, until You unsubscribe to receive such emails.
6. Fees; payment terms You agree to pay all charges as set forth on the Site and / or on pages accessed through the “account or service” section of Your Key Choice account or service, and / or in these Terms of Service. You agree that the address and email address You provide in Your account or service settings are valid business addresses and that Key Choice may invoice You at such addresses or through other electronic or facsimile communications. Any fee invoiced to You by Key Choice is exclusive of all taxes, levies, or duties imposed by taxing authorities, with the sole exception of United States if You are located in United States. You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Key Choice ’s income. All fees paid to Key Choice by You pursuant to these Terms of Service are nonrefundable. Key Choice reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Key Choice website and will be effective immediately.
7. Payment authorization; invoicing Key Choice may charge You with immediate and / or recurring fees. Immediate fees include one-off fees and the first installment of a recurring fee. Immediate fees are charged to Your nominated credit card immediately, upon Your request via the Site. The order page will show such fees for Your review. Immediate fees are non refundable. Key Choice will invoice You automatically for any recurring fees. The invoice will be sent to You via email or other electronic mean. All invoices will also be accessible from the account or service>Billing section of Your Key Choice account or service.
Payment of invoices for recurring fees is due within 7 days from the date of the invoice (“Due date”). Key Choice will charge Your nominated credit card for the due amount on or after the Due date. You can dispute recurring fees before the Due date, by submitting Your request in writing to us (either via email, mail, or by submitting a support ticket via the Site) before the Due date. You cannot dispute recurring fees after their Due date. By adding a credit card to Your account or service, You warrant that such credit card is good and valid, that You are authorized to use such credit card to pay the fees due on Your Key Choice account or service, and You authorize Key Choice to charge such credit card for the recurring fees on or after the Due date, and for any immediate fees. Once an amount has been charged to Your credit card, it is not refundable. Key Choice will generate a tax invoice / receipt for every amount charged to Your credit card. This tax invoice / receipt will be accessible in the account or service>Billing section of Your account or service.
8. Credits You may purchase credits to enable additional services provided by Key Choice , including but not limited to the sending of SMS messages and faxes. Purchased credits are assigned exclusively to Your account or service, and are not transferable. Credits are used whenever Key Choice performs specific actions according to the settings that You have configured in Your account or service. These actions include the sending of SMS messages or fac-similes (“faxes”). The number of credits used for each action is advertised in the “account or service>Purchase credits” section of Your account or service, and can change at any time. Unused credits are refundable. To claim a refund of unused credits You must contact us via the Site. Used credits are not refundable. Unused credits expire 2 years after the last time You purchased credits. Due to the nature of mobile networks, it is not possible to guarantee a timely delivery of SMS messages. Messages can get lost or delayed, for various reasons outside our control. Key Choice cannot be held responsible for the loss or delay of SMS messages.
Due to the nature of fax transmissions, it is not possible to guarantee a timely delivery of faxes. Faxes can be delayed, or never received, for various reasons outside our control. Key Choice cannot be held responsible for the loss or delay of faxes. We will use the appropriate number of credits (as advertised in the “account or service>Purchase credits” section of Your account or service) for the transmission of a fax only when we will receive an electronic receipt confirming that the fax has been received by the destination fax machine.
Due to the nature of email transmissions, it is not possible to guarantee that emails are actually received by the intended recipients. Emails may never reach the recipient’s mailbox for various reasons outside our control, including but not limited to spam filtering, incorrect or changed addresses, recipient disk quotas. Key Choice cannot be held responsible for the failed or delayed delivery of emails, however when appropriate we or our partners will retry the delivery several times before giving up.
9. Nonpayment If, for whatever reason, Key Choice charges Your credit card pursuant to these Terms of Service, and the payment is not successful, Key Choice reserves the right to suspend Your access to the Service. If You fail to pay the applicable invoice within 90 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Key Choice reserves the right to deactivate Your account or service. Once Your account or service is deactivated, You will no longer be able to log into Your account or service. When Your account or service is deactivated, Key Choice will keep a backup of its data, without processing it. In the event Key Choice deactivates Your account or service for non-payment, all amounts due and unpaid from You to Key Choice for use of the Service shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Key Choice reserves the right to seek payment using any remedies allowed to it by law. Key Choice may at its discretion, and subject to technical feasibility, agree to restore a deactivated account or service upon Your written request. In this case a restore fee will be payable.
10. Electronic communications Key Choice reserves the right to contact You for service and support related issues. We reserve the right to contact You through e-mail, facsimiles, text or voice messages, or notices posted on the Key Choice websites. Notices will be deemed effective at the time they are sent by Key Choice or as of date they are posted, regardless of whether You actually read any such notices.
You consent that any emails, surveys, other information or feedback You provide to Key Choice through the Service or via any other medium, except for Personally Identifiable Information, as defined in the Key Choice Privacy Policy, can be used by Key Choice in any manner, including but not limited to for testimonials, reviews and ratings on Key Choice or third party websites.
11. Account or service access Key Choice reserves the right to access any or all Your account or services in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.
12. Intellectual property We grant You a license to use the Service in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties. We reserve all rights not expressly granted in these Terms of Service.
We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks, registered trademarks or service marks contained in or relating to the Service (collectively the “Key Choice Intellectual Property”) that are the exclusive property of Key Choice and/or its licensors. We do not transfer any rights in or to the Key Choice Intellectual Property to You.
Content of the Service that incorporates or includes any of the Key Choice Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Key Choice or the rightful owner, as applicable. The name Key Choice and the various logos used or displayed on the Service are trademarks of Key Choice and You may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Key Choice products and services, provided You do not incorporate any of them within Your names or offerings.
13. User warranties You are responsible for ensuring that You can fulfill all reservations, bookings, purchases and subscriptions made through the Service and for communicating changes directly to Your customers. You are responsible for managing availability for the online scheduling of appointments and reservations including settings for staff, resources and services provided, bookable days and times for staff, resources and services provided, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect Your customers and their experience with the Service. You are responsible for reviewing Your online appointments and reservations often and regularly. If You cannot honor any appointment or reservation made through the Service, You agree to promptly communicate such change to the relevant customers, and you agree to either provide a full refund to the affected customers, or reschedule the reservation to a time agreed to by the affected customers. You are responsible for charging customers’ credit cards only under explicit authorization by the customer. You are responsible for handling customer inquiries professionally and promptly. You are responsible for honoring cancellation/reschedule requests according to Your advertised policy. You further acknowledge and agree that given the nature of the Service and the number of clients and volume of information submitted and different functionalities of the Service, Key Choice cannot evaluate the compliance with all applicable laws, statutes, rules, regulations, ordinances and other pronouncements having the binding effect of law of any applicable government authority, court, tribunal, agency, legislative body, commission or other instrumentality of: (i) any government of any country; (ii) any state, province, county, city or other political subdivision thereof; or (iii) any supranational body (“applicable law”) of each type of data collection and processing requested by You, and that Key Choice is a worldwide Service and some functionalities might be not allowed in some jurisdictions. Therefore, You agree to perform a legal analysis and find adequate legal counselling before using any Service functionalities in order to assess the compliance of each functionality with the applicable law. You further acknowledge and agree that, if required by the applicable law, You have provided notice of lawful collection and processing and/or obtained (or will obtain) all consents and rights necessary to lawfully collect and process data using the Service. You agree that the Service is not intended for use by Minors and that you are not a Minor.
14. Use of the Service You may not use the Service in any manner that is illegal or harmful to the Service. Among other restrictions, You agree that You shall not, nor shall You allow any third party to: o Use the Service through unauthorized interfaces or protocols; o Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable; o Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Service or Service software (except as applicable law expressly permits); o Remove, obscure or alter any notices or indications of rights in or to the Key Choice Intellectual Property; o Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Key Choice servers; o Take any action that imposes an unreasonable or large load on our infrastructure; o Upload invalid data, viruses, worms, or other harmful software to the Service; o Use automated means, including spiders, robots, crawlers, data mining tools, scripts applications or the like to download or upload data from or to the Service, or to access the Service in any form, unless expressly permitted by Key Choice; o Use the Service in a way that disables the Service or prevents or inhibits anyone from using the Service, or degrades the performance of the Service; or o Impersonate any person or entity in order to use, or through use of, the Service o Send Unsolicited Commercial Emails (also known as “spam”) to recipients that have not explicitly given You permission to send them emails, to promote Your services
15. Copyright infringement If You believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Service, please notify us immediately. You must provide the following information in writing:
o An electronic or physical signature of a person authorized to act on behalf of the copyright owner. o Identification of the copyrighted work that You claim has been infringed. o Identification of the material that is claimed to be infringing and where it is located on the Key Choice website. o Information reasonably sufficient to permit Key Choice to contact You, such as Your address, telephone number, and e-mail address; o A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and o A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to our legal address: Key Choice Restore, Inc. 2300 Wilson Blvd Arlington, VA 22201 United States
16. User submissions Materials, including but not limited to text, software, data, images, graphics, photos of Service, audio, audiovisual, videos, and content of any nature provided by Key Choice (“Content”) or by other users of the Service (“User Submissions”) to the Service website is owned by the party contributing such content. As a user of the Service, you are solely responsible for Your own User Submissions. By transmitting Your User Submissions, you represent that You have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with Your User Submissions, you agree that You will not submit material that is or contains the intellectual property of a third party that You do not have permission to use.
You shall retain all of Your ownership rights in Your User Submissions; however, by submitting material to Key Choice, you grant Key Choice the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material as is required in order to provide the Service, and to grant these rights to others. To the extent You do not have ownership rights to any of Your User Submissions, you shall indemnify Key Choice for any claim regarding Key Choice ’s use of Your User Submissions.
Key Choice does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Service, You may be exposed to User Submissions from a variety of sources, and Key Choice is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
17. Data retention Key Choice shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User submission.
In the event this Agreement is terminated (other than by reason of Your breach), Key Choice will make available to You a file of Your User submissions within 30 days of termination if You so request at the time of termination, before deleting Your account or service.
Key Choice reserves the right to withhold, remove and/or discard User submission without notice for any breach, including, without limitation, non-payment. Upon termination for cause, your right to access or use Your User submission immediately ceases.
18. Links to third party sites The Site may contain links to other websites (“Linked Third Party Sites”). Key Choice does not endorse or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites. (“Linked Third Party Material”).
Key Choice is providing these links to You only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.
Subject to any applicable law, which cannot be excluded, Key Choice makes no warranties or representations: o regarding the quality, accuracy, merchantability or fitness for purpose of the Linked Third Party Material or products or services available through the Linked Third Party Sites; or o that the Linked Third Party Material does not infringe the intellectual property rights of any person; or o that it is authorising the reproduction of Linked Third Party Material by linking Material on this Website to Linked Third Party Material.
19. Third-party apps and integrations You agree that the Service allows the integration with Third-party apps, integrations and services (“Third-party applications”).
You agree that You are solely responsible and liable for the use of Third-party applications. You further acknowledge and agree that Third-party applications will access and process Your account or service data based on the permissions and authorizations that You will have to grant when You install the Third-party applications. These Third-party applications may have their own Terms and conditions of use and Privacy policies and Your use of these Third-party applications will be governed by and subject to such Terms and conditions and Privacy policies. You understand and agree that Key Choice does not endorse and is not responsible or liable for the behavior, features, or content of any Third-party applications or for any transaction You may enter into with the provider of any such Third-party applications. If deemed appropriate, You agree that You are fully and solely responsible to uninstall or disable any Third-party applications.
20. Cancellation and termination You are responsible for properly canceling Your account or service. The account or service owner (as defined in the sign-up procedure) can cancel the account or service at any time through the “account or service” section of Your account or service. There are no other means of canceling Your account or service. In particular, written or oral request to us to cancel Your account or service does not constitute the cancellation of Your account or service.
You will permanently lose access to all of Your content upon cancellation.
Backups of a deleted account or service are stored for 7 days after the account or service was canceled and Key Choice will not process data stored in the account or service. This allows Key Choice , upon written request of the account or service owner, to restore account or services that might have been accidentally deleted. A restore fee may apply to restore a deleted account or service. To comply with privacy regulations, after 7 days, the account or service and all its content is permanently deleted and can no longer be recovered. If a deleted account or service is restored, billing will resume immediately according to the old billing schedule. If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again, but no fees will be refunded.
Key Choice reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account or service (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Key Choice believes that You have violated these Terms of Service.
When using Key Choice without a monthly subscription (‘Free’ plan, where available), You are required to sign in to Your account or service at least once every 90 days, to show that the account or service is still in use. Key Choice will delete account or services without monthly subscription where the user has not signed in for more than 90 days. Key Choice will send email reminders before proceeding to delete the account or service. Key Choice will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account or service.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Key Choice shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
21. Disclaimer of warranties THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND Key Choice EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Key Choice DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM Key Choice OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
22. Limitation of liability UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Key Choice BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, Key Choice SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LOWEST. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE Terms of Service BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
23. Sole remedy Your only remedy for any dispute with Key Choice is to stop using the Service.
24. Jurisdiction This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under this Terms of Service Agreement and Your use of the Service resides in the courts of the State of New South Wales and You agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
25. No waiver A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default