KeyMaaS Pty Ltd
Suite 2 / 251 La Trobe Terrace
Geelong, VIC, Australia 3226
Non-compliance with these Terms
If a user does not comply with these Terms, KMaaS may, at its discretion and with or without notice, cancel or suspend that user’s account and refuse to provide Services to that user.
KMaaS reserves the right to amend or update these Terms and the Services it provides at any time with notice to administrator Users, and may also add new features that will be subject to the Terms. Any user who continues to use the Portal or Services after any changes have been made will be taken to have agreed to those changes. Users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.
In order to access and use the Services, users will need to be 18 years or older be a natural person, as accounts and User logins may not be registered or accessed via bots or other automated methods; and provide certain information about themselves, including a full legal name and email address (as prompted by the Portal) (“Account Information”). All users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Account Information in order to ensure that it remains true, accurate, current and complete.
Cancellation of accounts
Users may only cancel their account by contacting KMaaS via email and/or phone and any Fees paid are non-refundable. If a user elects to cancel its account, cancellation will not become effective unless and until no money owes on that user’s account. If you cancel the Services before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged again after your expiry date. Any content cannot be recovered once your account is cancelled. KMaaS is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
Payments and trials
All Services are charged in advance on a monthly or annual basis and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services in an open account. KMaaS will not be held liable in any way for any lack of refunds in connection with the Services. A valid credit card number may be required for paying all user accounts. If a user is carrying out a free trial of the Services supplied by KMaaS the free trial will begin on the day that the user’s account is opened and end 30 days later. At the end of the free trial period, users may need to provide a valid credit card number in order to further use the Services. KMaaS will charge a user’s credit card for any upgrade that a user opts for in respect of the Services at the start of the user’s next billing monthly cycle. An invoice shall automatically become rendered for the Service on the expiry of the trial period for active users of the Service, namely 30 days from the expiration of the account being open by or on behalf of the User. KMaaS may, from time to time, open accounts for users with the user’s permission and such user account will be deemed to be the responsibility of the user. If a user requests an extension to their trial, this must be approved in writing by KMaaS and will not affect the date of invoice being set at 30 days after the account creation date.
The fees charged for the Services (“Fees”) are subject at all times to change by KMaaS giving 30 days’ notice, which will be posted on the KMaaS Website and distributed via email. KMaaS shall not be liable to Users or any third party for any modification to the Fees. This shall not apply to any annual plans agreed in writing with the User as per the above.
All Fees are exclusive of all taxes and the User indemnifies and holds KMaaS harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
Each user will be responsible for all activity that results from its use of the Services. KMaaS disclaims any and all liability in relation to each users’ use of the Services, and will not be held accountable if a user suffers any loss or damage as a result of its use of the Services, including (but not limited to) any loss or damage resulting from: any downgrade of the Services that Users may opt for through the Portal; and the cancellation of any User’s account.
Services are provided “as is”
The Portal and Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. KMaaS does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected. You acknowledge that KMaaS may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of KMaaS’s control, and KMaaS does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier. On behalf of itself and such third party suppliers, KMaaS excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.
KMaaS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KMaaS has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party regarding the Services; or (e) any other matter relating to the Services. KMaaS’s maximum aggregate liability under or in connection with this Agreement shall be limited to the amount of Fees paid to KMaaS by the relevant user per month, multiplied by 12. KMaaS specifically shall not be responsible for any failure of the Services to issue a pass or to send a message to a user in any circumstances. From time to time, such actions may fail and/or be disrupted which may lead to a failure of services to be provided. KMaaS is not a replacement for emergency systems installed into any venue.
Each user indemnifies, and will keep indemnified, KMaaS against all forms of liability, actions, proceedings, demands, costs, charges and expenses which KMaaS may incur or be subject to or suffer as a result of the relevant User’s use of the Services.
No illegal use
No user may use the Portal or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trademark or other intellectual property or proprietary rights of any person, entity or organisation.
No malicious use
Users may only access the Portal and Services through the interface provided by KMaaS, and must not use the Portal or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other user of the Portal or Services.
Administrator Accounts and Venues
Users that create an Administrator account on behalf of a Venue agree that they are legally authorised to do so on behalf of that Venue or organisation. Any unauthorised account creation on behalf of a Venue may result in the termination of the account and or suspension of services in the sole discretion of KMaaS. KMaaS may from time to time contact Administrators to check or asses the bona fide of the Account holder. From time to time KMaaS may refer to your use of the KMaaS system on our website. If you do not wish for your use to be disclosed on our website, please let us know and we will of course not make any reference to your use of KMaaS.
All users agree that KMaaS owns all of the intellectual property rights existing in the Portal and Services. However, KMaaS claims no intellectual property rights in relation to the information or content uploaded to the Portal by users.
No user may publish or use KMaaS’s brand, branding or logos except with KMaaS’s prior written consent.
KMaaS does not warrant the suitability or performance of any tables, stands, wireless devices or any other equipment being supplied to Users as part of the Portal access. Any hardware (excluding KeyWatcher or KeyBank) supplied by AST to the user for any trial period and used and retained by the user for more than 30 days after the date of dispatch, shall become payable in full and shall not be returnable for any reason whatsoever. Hardware may only be returned in like new condition prior to the expiry of 30 days from the date of dispatch. For detailed information surrounding the purchase of a KeyWatcher or KeyBank or any affiliated accessories please refer to AST General Terms and Conditions of Sale.
Technical support and malfunctions
KMaaS will try to promptly address (during Normal Business Hours) all technical issues that arise on the Portals or in connection with the Services. However, KMaaS will not be liable for any loss suffered as a result of any partial or total breakdown of the Portal or any technical malfunctions resulting in an inability to use the Services (either in whole or in part). You agree that KMaaS ’s support team may access your account from time to time in order to diagnose and fix problems.
Normal Business Hours are defined as the following AEST (Australian Eastern Daylight Saving) Times
SMS & Data usage
If you have opted to receive notifications on any of the services provided through the Portal, your Hosts will receive notifications on the movement of Keys, the request for access to Keys and an array of other alerts available at the KeyWatcher hardware. Hosts notifications can be sent via SMS, email. SMS can also be generated by individual messaging to an employee/contractor/visitor.
Plan types and fair usage
KMaaS provides plan types based on estimated and average usage volumes per day for all KeyWatcher users, including staff. In the event that a customer exceeds these check-in volumes per day, no extra costs shall apply, unless the excess usage is consistent for at least KMaaS 30 consecutive days. In this event, KMaaS may contact the customer to require an upgrade to a larger plan type. If the customer does not accept this upgrade request, KMaaS reserves the right to suspend service.
In regards to SMS usage all plans include an allowance for an average of 5 SMS’s per day per Keywatcher Panel (or service). In the event that the allowance is exceeded SMS notifications excess notifications will be sent as Emails. Customers may upgrade SMS volumes if required through an additional SMS usage payment.
Security & Privacy
Users are responsible for maintaining the security of their account and password on the Portal. KMaaS will not be liable for any loss or damage that may result from any failure to keep Usernames and passwords secure. KMaaS makes efforts to keep content uploaded by users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.
Governing law and jurisdiction
These Terms shall be governed by Australian law, and all users submit to the exclusive jurisdiction of the courts of New South Wales for any matter or dispute arising in relation to these Term.