Terms and conditions of use
TERMS AND CONDITIONS
1. We are KeyPING Services Limited a company registered in England under company number 11178838 whose registered address is Business Box Oswin Road Leicester LE3 1HR (“we”/ “us”/ “our”).
2. We own and operate the website www.KEYPING.co.uk.
3. This agreement applies as between a user of KeyPING (“you”/ “your”) and us.
4. Your agreement to comply with and be bound by these terms and conditions (“Terms”) is deemed to occur upon your first use of KeyPing, upon signing up for an online KeyPing account (“Account”), and upon you requesting a a Key Locker Day or courier service for your keys. By continuing to use KeyPing you represent and warrant that you are over the age of 16.
5. If you do not agree to be bound by these Terms, you should stop using KeyPing immediately.
6. No part of KeyPing is intended to constitute a contractual offer capable of acceptance. An order made by you through your Account constitutes a contractual offer to us and our acceptance of that offer is deemed to occur upon us either sending a dispatch email or SMS to you indicating that your order has been fulfilled or upon dispatch of an Authorisation Code (“Authorisation Code”).
7. 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.
WHO WE ARE
8. We are an online platform where you can generate an Authorisation code for your keys, so that you can store them at one of our InPost Lockers, and so that these can be collected by someone who provides the Locker with your Authorisation Code (be that you or a third party selected by you and provided with your Authorisation Code). We also provide a Courier Service through our partnership with InPost, so that you can deposit or pick up your keys to and from the Lockers.
9. To use KeyPing you are required to create an Account which will contain certain details. By continuing to use KeyPing and upon creating an Account you represent and warrant that:
a. You are over 16 years old;
b. all information you submit is accurate and truthful;
c. you have permission to submit such information where permission may be required; and
d. you will keep this information accurate and up-to-date.
10. Sharing of Accounts is not permitted unless we expressly authorise it in writing.
11. 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.
12. If you have reason to believe that your Account details have been obtained by another 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.
13. 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.
15. To be able to store your key at a Locker you will first need to register the specific key with us through your Account.
16. You will be able to assign a name to your key. For cybersecurity reasons you should not use any details which may uniquely identify your key and its use (e.g. your exact address etc.)
17. Once you register, you may request an authorisation code for a specific Locker, and then you will be able to take your key to the selected Locker, from where the authorised part will be able to pick it up.
18. For security reasons you should not have any identifying objects or marks on your keys (e.g. key rings etc). This includes any name allocated to the keys or unique identifiers being on the keys including but not limited to key tags, attachments, markings and colours.
19. Following Registration, you can store your key to a Locker for 24 hours, from Midnight until Midnight.
20. The key will be stored in a specific Locker location that you identified on KeyPing. We are not responsible if you or someone who has your key takes your key to the wrong location. You are responsible for ensuring that the correct location is identified and selected prior to placing an order for an Authorisation Code.
RELEASE OF KEYS
21. The right Locker will open automatically upon presentation of the Authorisation Code and will release the key to anyone who provides them with your Authorisation Code (be that you or a third party selected by you and provided with your Authorisation Code). Such process may be amended from time to time.
KEYPING MARKETING MATERIALS
22. Any images, descriptive matter or advertising supplied by us and any descriptions or illustrations contained on KeyPing are for the sole purpose of giving an approximate idea of our services described in them. They shall not form part of an agreement or have any contractual force.
23. Whilst every effort has been made to ensure that all descriptions of services offered by KeyPing correspond to our actual services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct services, not different services altogether.
24. We do not represent or warrant that all services will be available at all times.
25. At all times the main service we provide to you is the automatic generation of a unique access code, the Authorisation Code, through which KeyPing can be used to enable access to your keys from a third party (InPost) Lockers.
26. We are not responsible for the storage of your key at the Locker, which is at all times administered and run by third parties (InPost).
27. We are not responsible for the outcome of the Courier service , which is run and administered at all times by third parties (InPost).
28. At all times you remain responsible for anyone to whom you provide the Authorisation Code or allow access to your keys. You must take appropriate precautions and follow normal safety guidelines. Disclosure of your Authorisation Code to anyone is done so at your own risk and you are, at all times, responsible for the safety of your keys, property and self.
29. 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 Authorisation Code and access to your keys.
30. When using our services you assume all risk including, and without limitation, any use or misuse of your keys by a third party.
32. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and third parties harmless for 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 and all losses following any use or misuse of your Authorisation Code.
33. Storage of your keys at a Locker is subject to availability. If a selected locker has reached its capacity for the storage of keys, your key will be redirected to the closest possible locker.
34. 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 not notify you.
PRICE AND PAYMENT
35. Any price advertised or quotation given by us shall not constitute an offer. All pricing information on KeyPing 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.
36. Payment for a Key Locker Day must be completed before we provide you with an Authorisation Code.
37. In the event that prices are changed during the period between an order being placed for a Key Locker Day and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.
38. All prices on KeyPing are not inclusive of VAT.
39. Payments to KeyPing are administered through a third party payment site which is integrated into KeyPing. We have no control over or liability for the third party payment site. To pay for an Key Locker Day 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.
40. We will only make a refund of Key Locker Credit fee in our absolute discretion.
41. You are at all times responsible for ensuring that you select the correct Locker place.
42. When purchasing a Key Locker Credit you confirm that you understand that the contract cannot be cancelled.
43. All purchases of Key Locker Credits are final and all fees non-refundable.
44. We do, however, reserve the right, at our utter discretion, to make full or partial refunds on Key Locker Credits
45. Your order is an offer to us to buy the requested Key Locker Day. We only accept your order once we receive confirmation from the third party payment platform that your payment has been successful.
46. In light of the nature of the Authorisation Code this will be delivered to you within the statutory cancellation period. Before purchase of a Key Locker Day you have confirmed that:
a. You have expressly consented to the Key Locker Day becoming available within the statutory cancellation period; and
b. That you acknowledge and understand that your right to cancel the contract for the Key Locker Day has been lost.
47. Once your order for a Key Locker Day has been accepted by us, unless you have opted out, we will send you a confirmation email with details of your order, a copy of these Terms and confirmation that you have lost your right to cancel the contract within the statutory ‘cooling off’ period of 14 calendar days.
48. 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.
49. By registering for an Account and purchasing a Key Locker Day from us you agree with the Terms and Conditions.
50. You shall:
a. ensure that any information you provide to us is complete and accurate;
b. co-operate with us in all matters relating to the Authorisation Codes;
c. provide us with such information and materials as we may reasonably require in order to supply the Authorisation Code, and ensure that such information is accurate and not misleading;
d. at all times be responsible for the safety of your keys including at any time whilst they are at a Locker, (this includes ensuring that your keys are free of any unique identifiers, including but not limited to, key rings, 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 the service.
e. ensure that the key(s) is dropped at the correct Locker;
f. keep the details of your Authorisation Code secure and;
g. at your own risk, disclose the details of your Authorisation Code accurately.
51. For the avoidance of doubt you remain responsible for any keys, data, material or information that you submit to us.
52. 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.
53. 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 or contract, threatened, claimed or awarded against or otherwise incurred by us arising out of or in connection with a breach of clause 49 of these Terms.
54. 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”)
a. 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;
b. 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
c. 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
55. You may only use KeyPing in a manner that is lawful and that complies with these Terms. Specifically:
a. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
b. you must not use KeyPing in any way, or for any purpose, that is unlawful or fraudulent;
c. you must not use KeyPing 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
d. you must not use KeyPing in any way, or for any purpose, that is intended to harm any person or persons in any way.
ii. When submitting any user content (or communicating in any other way using KeyPing), you must not submit, communicate or otherwise do anything that:
a. is obscene, deliberately offensive, hateful or otherwise inflammatory;
b. promotes violence;
c. promotes or assists in any form of unlawful activity;
d. 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;
e. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
f. is calculated or is otherwise likely to deceive;
g. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
h. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
i. implies any form of affiliation with KeyPing where none exists;
j. 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
k. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
iii. We reserve the right to suspend or terminate your access to KeyPing if you materially breach the provisions of this these Terms. Specifically, we may take one or more of the following actions:
a. suspend, whether temporarily or permanently, your Account and/or your right to access KeyPing;
b. remove any content submitted by you that violates these Terms;
c. issue you with a written warning;
d. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
e. take further legal action against you as appropriate;
f. disclose such information to law enforcement authorities as required or as we deem reasonably necessary;
g. any other actions which we deem reasonably appropriate (and lawful); and/or
h. if necessary program the Locker to retain keys and not allow access to the keys until the situation has been resolved.
iv. 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.
INTELLECTUAL PROPERTY OF OUR WEBSITE
56. 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 KeyPing unless uploaded by you, is our property or that of our affiliates or other relevant third parties. By continuing to use KeyPing you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
57. You hereby licence us to use any information that you supply to us.
58. You may not reproduce, copy, distribute, store or in any other fashion re-use any material from KeyPing unless otherwise indicated on KeyPing or unless given express written permission to do so by us.
LINKS TO OTHER WEBSITES
59. KeyPing 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 KeyPing does not imply any endorsement of the sites themselves or of those in control of them.
LINKS TO THIS WEBSITE
60. Those wishing to place a link to KeyPing on other sites may do so only to the home page of the site www.KEYPING.CO.UK without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express permission.
TERMINATION AND CANCELLATION
61. 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.
62. 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.
63. We reserve the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing services provision.
64. If you terminate your Account any non-completed orders or payments will be cancelled. Any refunds under this clause will be at our discretion.
67. We make no warranty or representation that KeyPing will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service or services.
68. No part of KeyPing is intended to constitute advice and no part of KeyPing should be relied upon when making any decisions or taking any action of any kind.
69. No part of KeyPing is intended to constitute a contractual offer capable of acceptance.
VIRUSES, MALWARE AND SECURITY
70. Whilst we use reasonable endeavours to ensure that KeyPing 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.
71. We exercise all reasonable skill and care to ensure that KeyPing is
i. secure and free from viruses and other malware. We do not, however, guarantee that KeyPing is secure or free from viruses or other malware and accept no liability in respect of the same.
ii. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
iii. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via KeyPing.
iv. You must not attempt to gain unauthorised access to any part of KeyPing, the server on which KeyPing is stored, or any other server, computer, or database connected to KeyPing.
v. You must not attack KeyPing by means of a denial of service attack, a distributed denial of service attack, or by any other means.
vi. By breaching the provisions of sub-Clauses 74 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use KeyPing will cease immediately in the event of such a breach.
CHANGES TO THE SERVICE AND THESE TERMS AND CONDITIONS
72. We reserve the right to change KeyPing, its content or these Terms at any time. You will be bound by any changes to the Terms from the first time you use KeyPing 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
73. KeyPing and our services are provided “as is” and on an “as available” basis. We give no warranty that KeyPing 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.
74. We accept no liability for any disruption or non-availability of KeyPing 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
75. To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of KeyPing, our services or any information contained therein.
76. If you are a commercial user, Keyping accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
77. Since the storage of your keys at the Locker is at all times under the direction, control and terms of a third party (InPost) we are not responsible for replacing any keys which have been lost or damaged.
78. You use our services and KeyPing at your own risk.
79. Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
80. 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.
81. 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
82. In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
THIRD PARTY RIGHTS
83. Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and us.
84. All notices / communications shall be given to us by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
85. 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
86. These Terms and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and you and us agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
THE DPA & GDPR May 2018
3. We and the Keyping website complies to the DPA (Data Protection Act 1998) and already complies to the GDPR (General Data Protection Regulation) which comes into effect from May 2018. We will update this policy accordingly after the completion of the UK’s exit from the European Union.
WEB BROWSER COOKIES
5. What are cookies? Cookies are small files saved to the user’s computer’s hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors or use the cookie control system if available upon their first visit.
WEBSITE VISITOR TRACKING
6. The Keyping website uses tracking software to monitor its visitors to better understand how they use it. The software will save a cookie to your computer’s hard drive to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.
CONTACT AND COMMUNICATION
7. Users contacting us through the Keyping website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use.
8. Where we have clearly stated and made you aware of the fact, and where you have given your express permission, we may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in this policy
EMAIL LIST AND MARKETING MESSAGES
9.We operate an email mailing list program, used to inform subscribers about products, services and/or news we supply/publish. Users can subscribe through an online automated process where they have given their explicit permission. Subscriber personal details are collected, processed, managed and stored in accordance with the regulations named in ‘The policy’. Subscribers can unsubscribe at any time through an automated online service, or if not available, other means as detailed in the footer of sent marketing messages (or unsubscribe from all Mailchimp lists). The type and content of marketing messages subscribers receive, and if it may contain third party content, is clearly outlined at the point of subscription.
10. Email marketing messages may contain tracking beacons / tracked clickable links or similar server technologies to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.
EXTERNAL WEBSITE LINKS AND THIRD PARTIES
12. Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links that may be mentioned throughout this website.
13. Shortened URL’s; URL shortening is a technique used on the web to shorten URL’s (Uniform Resource Locators) to something substantially shorter. This technique is especially used in social media and looks like this (example: http://bit.ly/zyVUBo). Users should take caution before clicking on shortened URL links and verify their authenticity before proceeding.
14. We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.
SOCIAL MEDIA POLICY AND USAGE
15. We adopt a Social Media Policy to ensure our business and our staff conduct themselves accordingly online. While we may have official profiles on social media platforms users are advised to verify authenticity of such profiles before engaging with or sharing information with such profiles. We will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.
16. There may be instances where our website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page.
Jim Johnston is the CEO. He is well known in the property sector as the Owner of Access2View, a Property Marketing Company that has been in operation for the past 5 years.
Constantina Katsari is the CMO. She has launched numerous businesses, taught in several universities and defined the strategy of many investable startups.
Paul Muston is the CTO. He is responsible for the development of the software and the User Experience. He run his own R&D consultancy for the past 3 decades, while he launched another 6 startups.