1.1. My Spare Key Pty Ltd provides an online platform arranging a spare key service for access to your property via the Site.
1.2. The following are the terms and conditions of this agreement that govern the use of the
Service by you unless otherwise specified.
1.3. In using this Service, you agree to the terms and conditions of this agreement.
1.4. This agreement sets out your rights and obligations. In the event that you breach any obligations under this agreement, We may at our discretion terminate your Account, refuse to provide the Service to you and/or make a claim for damages against you.
1.5. We reserve the right to amend the terms and conditions of this agreement from time to time and if you continue to use the Service after 4 days of any such amendment then you are deemed to have accepted the amendment. You should review this agreement from time to time and clearly understand any amendments made.
2.1. You agree that your Account can only be used for this Service personally by you and you are solely responsible for all information relating to your Account. You must not allow any other person to use your Account to access the Service.
2.2. You agree not to interfere with the Service or use any device, program or otherwise that may do so. You must not do anything that may unreasonably hinder or place an unnecessary restraint on our capacity to provide the Service.
2.3. In accessing or using our Site you agree you will not use any data mining, robot, spider, page or screen scraping, deep link or similar automated device, software, process or means to access, acquire, copy, retrieve, scrape, use or index any portion of our Site or any content on our Site, without our written consent.
2.4. We reserve the right to assess whether your conduct is reasonable in the usage of the
Service. We will act reasonably when exercising our rights to make such an assessment.
2.5. You must at all times comply with the Applicable Law when using the Service.
2.6. You are at all times responsible for uploading to the Site and managing any documents or information that must be provided to Us prior to establishing your Account.
2.7. In the event it is found that you are using the Service for fraudulent, unwarranted or illegal purposes, We may suspend or terminate your Account, notify the police and in our discretion pursue any other remedies available to Us.
2.8. If We are informed or discover that the Service may breach any laws, We reserve the right to remove the offending content from the Service or Site.
3.1. You must have legal capacity to enter into contractual arrangements to be eligible to use the Service.
3.2. You must provide Verification of Identity and also your current address, phone number, email address and any other personal information We may request to establish and maintain your Account.
4.1. You must register your details on the Site including uploading satisfactory photo identification, providing your name, address, phone number and email in order to use your Account.
4.2. Your personal information must not be offensive, false, misleading, deceptive or illegal and must not contain any viruses, malicious applications or software that may disrupt the Service.
4.3. Upon registration you will receive a username and password to access your Account which must be kept confidential.
4.4. You will receive a notification text message and email with a link to confirm the registration of your personal details. We are not responsible if the confirmation text message or email is not received by you.
5.1. We will charge you a fee for subscribing to our Service.
5.2. The fee and terms for payment will be agreed with you prior to establishing the Account.
5.3. The fee must be paid by you on terms agreed with Us.
5.4. We reserve the right to suspend or cancel an Account if fees remain outstanding beyond the payment terms.
6.1. In order to be eligible to receive the Service you must first register your details through the Site, or by telephone, and pay the fee for our Service so We can establish your Account.
6.2. We will notify you by text message or email when your Account has been established and provide your username and password
6.3. When your Account is established, We will contact you via the Site, text message or email to arrange collection of your spare key. You are responsible for arranging a spare key to be available for our collection.
6.4. Your spare key is stored under highly secure conditions at all times.
6.5. You can request the Service through the Site or by telephone at any time.
6.6. When We receive a request for the Service We will, through the Site, by text message or email acknowledge your request, confirm our attendance at your property with your spare key and advise of any further security requirements required to perform the Service.
6.7. Upon receiving a request for the Service and subject to your compliance with any further security requirements, We will attend your property in a timely manner to either:
6.8. If We leave your spare key with you because you have lost or misplaced your keys, you are required to arrange delivery of a replacement spare key to Us within 7 days. Failure to provide a replacement spare key does not entitle you to a refund of any fees paid for the Service.
6.9. We reserve the right at all times to refuse to provide the Service if you do not comply with any security requirements requested by Us.
7.1. In addition to any other responsibilities you have under this agreement, you are responsible for:
(a) keeping your personal details of your Account including any details that We have given you (such as your username and password) up to date and confidential;
(b) all activity and use relating to your Account regardless of the circumstances;
(c) ensuring that in the unlikely event your Account has been hacked or misused in any way not authorised by you, to immediately contact Us.
(d) ensuring that you do not attempt to or actually cause the Service to be disrupted or malfunction.
(e) ensuring that when using the Service, you abide by any Applicable Law regarding the use of the Service;
(f) ensuring that all fees, charges and monies payable by you for use of the Service are paid when due.
8.1. We reserve the right to suspend or cancel your Account and/or refer you to the relevant authorities or institute proceedings against you:
(a) if you do not pay any fees or charges when due for use of the Service; (b) if you provide information that is false, misleading, deceptive or illegal;
(c) if you do not adhere to or fail to observe any of the conditions under this agreement or any additional conditions that apply to the use of the Service.
8.2. We reserve the right to suspend the Service at any time for scheduled maintenance. We will attempt to notify you in advance via email and/or on the Site of the date of the scheduled maintenance, but We do not represent nor warrant that We will do so.
8.3. We reserve the right to remove or amend any content on the Site if it is found to be inaccurate due to technical error or otherwise.
9.1. The use of this Service and Site is at your own risk.
9.2. You must take measures to protect yourself and your information when using this Service and Site and be cautious to accept or open anything that may appear suspicious including but not limited to viruses and malicious software that may damage or disrupt your device.
9.3. We do not accept or take responsibility for any disruption, damage or loss caused when using this Service or Site.
10.1. Third Party Content may appear on the Site from time to time to advertise, inform, update, feed, comment or provide links to other websites.
10.2. We may use Third Party Content from time to time to enhance the functionality of the Site and improve the Service.
10.3. We are not responsible for, nor do We warrant that the Third-Party Content is accurate, reliable or up to date and We are not liable for any recommendations, results or statistics provided by the Third-Party Content.
(a) to improve the functionality of the Site and the Service;
(b) to provide contact details, instructions and resolve queries in relation to use of the
Service and Site;
(c) to market promotional material to you; and
(d) to meet legal and regulatory requirements.
11.2. We may collect personal information from you such as your contact or registration details and browsing activity.
12.1. All intellectual property on this Site or used to provide the Service is owned and registered by Us (unless it is owned by a third party providing Third Party Content) including but not limited to patents, trademarks, copyrights, processes, know-how, registered designs, information, documents, products, logos, graphics, images, services, advertising and promotional material.
12.2. You may not use any intellectual property contained on the Site or used to provide the Service at any time without our consent. This includes but is not limited to copying, modifying, reproducing, posting, framing, displaying, redistributing, uploading to a third party, downloading, republishing or transmitting in any capacity whether electronic, hardcopy or otherwise.
13.1. To the extent permitted by law, We exclude all conditions and warranties relating to your use of the Service that are not expressly set out in this agreement.
13.2. Unless specified by a condition of this agreement or any additional conditions that may form
part of this agreement, the provision of the Service is on an ‘as is’ basis.
13.3. We do not give any representations, warranties, conditions or guarantees regarding the accuracy, quality, suitability, completeness, reliability or authenticity of any information, documents, products or services provided by any user or other Third-Party Content that may be uploaded and/or advertised on our Site or through the Service.
13.4. We do not warrant that:
(a) We will provide uninterrupted, safe and stable access to the Site or the Service;
(b) the Site will provide the Service or any communications between you and any other person free of viruses or malicious software;
(c) We will remedy any issues with the Site or Service in any way or form;
(d) your personal information, payment information, details of any transaction or any communications will not be read, stolen, amended, deleted or lost; or
(e) the Site and Service will not be subject to inappropriate or illegal use nor will We be able to give notice of such circumstances.
13.5. The appropriateness of any product or service offered on the Site or through the Service is at your discretion. We will not be responsible for any product or service that is not fit for your purposes.
14.1. We are not liable or responsible for any damage, cost, expense or loss suffered or incurred as a result of accessing your property by using the Site or through the Service.
14.2. We are not liable or responsible for any damage, cost, expense or loss suffered or incurred as a result of the provision of information or/and documents on the Site.
14.3. You accept all responsibility and liability for your use of the Site including, but not limited to, all material appearing on the site.
14.4. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) the re-supply of the Service; or
(b) the payment of the cost of having the Service re-supplied.
14.5. In relation to any express warranty or condition set out in this agreement our maximum liability for claims made under this agreement shall not exceed the fees and charges paid by you in respect of the Service.
14.6. Under no circumstance will We be liable to you for any indirect, incidental, special and/or consequential losses or damages of whatever nature howsoever arising in the connection with the Service.
14.7. You agree to indemnify Us on a full indemnity basis from and against all and any liabilities, losses, claims, damages, demands, costs, and expenses whatsoever which We may incur by reason of any breach or default by you under or in connection with this agreement and use of the Site or Service.
15.1. We will not be responsible for any delay or failure to perform any conditions under this agreement or in the provision of the Service where it is reasonably out of our control or could not be foreseen including without limitation acts of war, terrorism, floods, fire, explosions, breakdown of internet service providers, accidents, acts of God or otherwise.
17.1. If We do not exercise, or delay in exercising, any power or right contained in this agreement it does not operate as a waiver of that power or right. No single exercise of a power or right precludes any other or further exercise of it or the exercise of any other power or right.
18.1. Any provision in this agreement which is invalid or unenforceable in Victoria: (a) is to be read down for the purposes of Victorian laws if possible; or
(b) if cannot be read down, is to be severed to the extent of the invalidity or unenforceability for the purposes of Victorian laws so as to be valid and enforceable in Victoria.
19.1. This agreement is governed by the laws in the Victoria.
19.2. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which hear appeals from those courts in relation to any proceedings in connection with this agreement.
In this agreement, the following definitions apply.
Account means the online profile We provide for you to use the Service.
Applicable Law means the law applying in Victoria.
Service means the online platform for the provision of spare key services to enable access to your property provided by Us via the Site.
Site means www.mysparekey.com.au or the application known as ‘My Spare Key’.
Third Party Content means any content, information or documents appearing on the Site which was not created by Us.
Verification of Identity means the requisite amount of personal identification required to identify an individual in accordance with the laws and requirements in Victoria as amended from time to time.
We / Us means My Spare Key Pty Ltd (ACN 632 635 388) including its shareholders, directors, officers, employees, agents and representatives.
In this agreement unless the context otherwise requires: (a) the singular includes the plural and vice versa;
(b) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
(c) a reference to any gender includes all genders;
(d) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions), as amended, novated, supplemented or replaced from time to time;
(e) a reference to any party to this agreement, or any other document or arrangement, includes that party's executors, administrators, substitutes, successors and permitted assigns;
(f) where an expression is defined anywhere in this agreement it has the same meaning throughout; and
(g) a reference to “dollars” or “$” is to an amount in Australian currency.
In this agreement, headings are for convenience of reference only and do not affect interpretation.