Website Terms and Conditions of Use

 

  1. About the Site
    • Welcome to GOTLOCKED (the “Site”). The Site provides you with an opportunity to browse and purchase various Services that are offered through the Site.
    • The Site is operated by GotLocked App, Inc. ( the “Company”). Access to and use of the Site, or any of its associated Services, is provided by the Company. Please read these terms and conditions (the “Terms”) carefully, as they constitute a legal agreement between you and the Company.
    • These Terms govern your access or use, from within the United States and its territories and possessions, of the Site, as well as any associated websites, products, and services (the “Services”, as more fully defined below in clauses 3 and 4) made available in the United States and its territories and possessions by the Company and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, the “Company” or “we” or “us” or “our”). In these Terms, the words "including" and "include" mean "including, but not limited to."
    • These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and the Company concerning your access to and use of the Site. For the avoidance of doubt, the Site includes any other media, channel, website or mobile application related or connected thereto.
    • By using, browsing and / or reading the Site and / or accessing or using the Services you confirm that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you may not access or use the Services and you must cease usage of the Site, or any of its Services, immediately. These Terms expressly supersede prior agreements or arrangements with you. The Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
    • Important: please review the arbitration agreement set forth below carefully, as it will require you to resolve disputes with the Company on an individual basis through final and binding arbitration. By entering into this agreement, you expressly acknowledge that you have read and understood all of the terms of this agreement and have taken time to consider the consequences of this important decision.
    • The Company makes no representation that the Site is appropriate or available in locations other than where it is operated by the Company. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. Acceptance of the Terms
    • You accept the Terms by using or browsing the Site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Company in the user interface.
    • Supplemental terms and conditions or documents may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are by reference expressly incorporated into, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
    • The Company reserves the right to review and amend any of the Terms from time to time by updating this page at its sole discretion. Any Amendments to the Terms take immediate effect upon the Company’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Before you continue, we recommend you keep a copy of the Terms for your records. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If the Company changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing the Company with an email notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above sent to [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
    • The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
    • Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

 

  1. Website Licence
    • Use Licence. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Site on a personal device owned and controlled by you solely in connection with your use of the Services and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use and strictly in accordance with the terms and conditions of this licence. Any rights not expressly granted herein are reserved by the Company and its licensors.
    • Restrictions. You shall use the Site strictly in accordance with the terms of this licence and shall not:
      • remove, alter or obscure any copyright, trademark or other proprietary notices of the Company or its affiliates, partners, suppliers or the licensors, from any portion of the Site;
      • reproduce, adapt, improve, enhance, translate, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site;
      • decompile, reverse engineer or disassemble, attempt to derive the source code of, or decrypt the Site;
      • link to, mirror or frame any portion of the Site;
      • use the Site for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Site
      • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
      • use the Site for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
      • use the Site to send automated queries to any website or IP address or to send any unsolicited commercial e-mail;
      • use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Site;
      • make the Site available over a network or other environment permitting access or use by multiple devices or users at the same time;
      • violate any applicable laws, rules or regulations in connection with your access or use of the Site; or
      • attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.
  1. Services
    • Definition. The Services comprise the Site and related services, which enable users to purchase certain goods and/or to arrange and schedule certain services (such as fresh lock installation, lock repair, lost or broken key or lock replacement, key duplicate services, residential lockout services, car key making and programming, installation, repair and combination change of safes, installation and repair of certain intercom systems, key cutting services, ignition repair and replacement services, lock rekeying services, repair and recovery of locks, master re-keying, mail box locks, certain furniture locks, deadbolts and door closures), from third party providers that are under agreement with the Company or its affiliates ("Service Providers"). In certain instances the Services may also include an option to receive additional services for an upfront price, subject to acceptance by the respective Service Providers. Unless otherwise agreed by the Company in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN LOCKSMITH SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH THE COMPANY AS A DIRECT PROVIDER OF LOCKSMITH SERVICES OR AS A LOCKSMITH.
    • Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that the Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The Company does not endorse such third party services and content and in no event shall the Company be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc. or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
    • Ownership. The Services and all rights therein are and shall remain the Company's property or the property of the Company's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the Company's names, logos, product and service names, trademarks or services marks or those of the Company's licensors.
  2. Registration to use the Services
    • In order to access and use most aspects of the Services, you must first register as a user of the Site and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.
    • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contract details), including:
      • Email address;
      • Preferred username. Please note that we reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name;
      • Mailing address;
      • Telephone number;
      • Password;
      • Credit card number or at least one other valid payment method supported by the Company.
    • You warrant that any information you give to the Company in the course of completing the registration process will always be true, accurate, correct, complete and current. Your failure to maintain true, accurate, correct, complete, and current Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. Furthermore, if you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account, discontinue any current Service and refuse any and all current or future use of the Site (or any portion thereof). You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.
    • Once you have completed the registration process, you will be a registered member of the Site (the “Member”) and agree to be bound by the Terms. As a Member you will be grated immediate access to the Services.
    • You may not use the Services and may not accept the Terms if:
      • You are not of legal age to form a binding contract with the Company; or
      • You are a person barred from receiving the Services under the laws of [ THE STATE] or other states in which you are resident or from which you use the Services; or
      • You intend to use the Services in any manner which is contrary to the applicable law or is intended to harm, damage or misappropriate the property that is not in your legal ownership or possession.
    • User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive locksmith services from Service Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no intrusion in, illegal possession of or access to someone else’s property). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Service Provider or any other party. In certain instances you may be asked to provide proof of identity, driver’s licence, proof of residency or other method of identity and/or ownership verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity and/or ownership verification.
    • Text Messaging and Telephone Calls. You agree that the Company may contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with the Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from the Company at any time by contacting [email protected]. If you do not choose to opt out, the Company may contact you as outlined in its User Privacy Policy, located at [ INSERT HYPERLINK ].
    • Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Site and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  3. Social Media
    • As part of the functionality of the Site, you may be able to link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Site; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
    • You represent that you are entitled to disclose your Third Party Account login information to the Company and/or grant the Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third party service providers.
    • By granting the Company access to any Third Party Accounts, you understand that (i) the Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your Account, including without limitation any friend lists, and (ii) the Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
    • Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account with the Site. Please note that if a Third Party Account or associated service becomes unavailable or the Company’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site . You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time.
    • Please note that your relationship with the third party service providers associated with your Third Party Accounts is governed solely by your agreement(s) with such third party service providers. The Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and the Company is not responsible for any Social Network Content.
    • You acknowledge and agree that the Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your personal device solely for the purposes of identifying and informing you of those contacts who have also registered to use the Site. At your request made via email to our email address listed below, or through your account settings (if applicable), the Company will deactivate the connection between the Site and your Third Party Account and delete any information stored on the Company’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
  4. Your obligation as a Member
    • As a Member, you agree to comply with the following:
      • these Terms, the End-User Licence Agreement (“EULA”) and the Privacy Policy
      • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      • access and use of the Site is limited, non-transferrable and allows for the sole use of the Site by you for the purposes of the Company providing the Services;
      • you will not use the Services or Site for any illegal and/or unauthorised use which includes accessing, breaking in or changing the access to someone else’s property, collecting email addresses, passwords or other personal data of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Site;
      • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of the Services, appropriate legal action will be taken by the Company for any illegal or unauthorised use of het Site; and
      • you acknowledge and agree that any automated use of the Site or its Services is prohibited.
    • You may not access or use the Site for any other purpose other than that for which the Company makes it available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company. Prohibited activity includes, but is not limited to:

 

  • attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion thereof;
  • attempting to impersonate another user or person or using the username of another user;
  • criminal or tortious activity;
  • deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site ;
  • deleting the copyright or other proprietary rights notice from any the Site content;
  • engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
  • except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
  • harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Services to you;
  • interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site ;
  • making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
  • selling or otherwise transferring your Account;
  • systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company;
  • tricking, defrauding or misleading Service Providers, the Company and other users, especially in any attempt to learn sensitive account information such as passwords;
  • using any information obtained from the Site in order to harass, abuse, or harm another person;
  • using the Services as part of any effort to compete with the Company or to provide services as a service bureau;
  • using the Site in a manner inconsistent with any and all applicable laws and regulations.
  1. Contributions and Reviews.
    • User Provided Contributions. The Company may, in the Company's sole discretion, permit you from time to time to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to upload, publish, create, submit, post, display, transmit, perform, publish, distribute, broadcast or otherwise make available textual, audio, and/or visual content, information and materials to the Company and/or to or via the Site, including, without limitation, text, writings, video, audio, photographs, graphics, comments, feedback, suggestions or personally identifiable information or other material related to the Services, initiation of support requests, and submission of entries for competitions and promotions (collectively “Contributions”).
    • Licence. Any Contributions provided by you will be treated as non-confidential and non-proprietary. However, by providing Contributions to the Company, you grant the Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Contributions in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
    • User Representations and Warranties. When you create or make available a Contribution, you thereby represent and warrant that:
      • neither the Contributions, nor your submission, uploading, publishing or otherwise making available of such Contributions, nor the Company's use of the Contributions (including the distribution, transmission, public display and performance, accessing, downloading and copying thereof) as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights (including the copyright, patent, trademark, trade secret or moral rights of any third party), or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
      • you either are the creator / sole and exclusive owner of your Contributions or have the necessary licenses, rights, consents, releases and permissions to use and to authorize the Company and the Site users to use your Contributions as necessary to exercise the licenses granted by you under these Terms;
      • you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Site;
      • your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by the Company), libellous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
      • your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
      • your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
      • your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.
    • Restrictions on Contributions. You agree to not provide a Contribution that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove Contributions, at the Company's sole discretion and at any time and for any reason, without notice to you.
    • Contribution Licence. By posting Contributions to any part of the Site , or making them accessible to the Site by linking your Account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sub-licences of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. The Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
    • Edits. Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.
    • By uploading your Contributions to the Site , you hereby authorize the Company to grant to each end user a personal, limited, no-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
    • Guidelines for Reviews. The Company may accept, reject or remove Contributions in its sole discretion. The Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have first-hand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by the Company, and do not represent the views of the Company or of any affiliate or partner of the Company. The Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to the Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensable license to the Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
  2. Purchase of Services and Returns Policy
    • You understand and agree that the use of the Services may result in charges to you for the services of goods you receive (the “Charges”). The Company bills you through your Account for purchases of products and services. You agree to pay the Company all Charges at the prices then in effect for the Services and products that you or other persons using your Account may purchase. The Company will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of all applicable taxes where required by law. Charges may include other applicable fees and/or surcharges including a booking fee, processing fees for split payments etc.
    • Payment of the Charges may be made through third-party payment providers (the “Payment Gateway Providers”, such as PayPal etc.) and you authorise the Company to charge your chosen Payment Gateway Provider for any purchases you make. In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
    • All Charges and payments will be enabled by the Company using the preferred payment method designated in your Account (including methods offered by Payment Gateway Providers), after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by the Company.
    • You authorise the Company to block the full amount of the Charges on your banking card prior to the commencement of the Services and to charge the full amount of the Charges upon their completion Following payment of the Charges being confirmed by the Company, you will be issued with a receipt to confirm that the payment has been received and the Company may record your purchase details for future use.
    • As between you and the Company, the Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in the Company's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. The Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. The Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee or a service call fee on a Service Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. The Company may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Service Providers or other third parties.
    • In certain cases, with respect to Service Providers, Charges you incur will be owed directly to Service Providers, and the Company will collect payment of those charges from you, on the Service Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Service Provider. In such cases, you retain the right to request, within the Site, lower Charges from a Service Provider for services or goods received by you from such Service Provider at the time you receive such services or goods, and Charges you incur will be owed to the Service Provider. The Company will respond accordingly to any request from a Service Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Service Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to the Company or its affiliates, where the Company is solely liable for any obligations to Service Providers. In such cases, you retain the right to request lower Charges from the Company for services or goods received by you from a Service Provider at the time you receive such services or goods, and the Company will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to locksmith services requested through the Site, the Company does not designate any portion of your payment as a tip or gratuity to a Service Provider. Any representation by the Company (on the Company website, in the Site, or in the Company’s marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that the Company provides any additional amounts, beyond those described above, to a Service Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Service Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
    • The Company may, at its sole discretion, provide a refund on the Services within 30 days where the Services were faulty or did not deliver the requested result. You acknowledge and agree that you are liable for any transactional costs associated with the refund pursuant to this clause.

 

  1. Warranty
    • Our Services come with a guarantee that cannot be excluded under applicable consumer laws. You are entitled to a replacement or refund for a major failure of the Services. You are also entitled to have the Services repaired or replaced if the Services fail to be of acceptable quality and the failure does not amount to a major failure (the “Warranty”).
    • You may make a claim under this clause (the “Warranty Claim”) for material defects and workmanship in the Services within 30 days from the date of purchase (the “Warranty Period”).
    • In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to the Company showing the date of purchase of the Services, provide a description of the Services and the price paid for the Services by sending an email notice to the Company at [email protected]
    • Where the Warranty Claim is accepted then the Company will, at its sole discretion, either repair or replace any defective Service or part thereof with a new and better-suited equivalent during the Warranty Period at no charge to you for parts of labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
    • The Warranty shall be the sole and exclusive warranty granted by the Company and shall be the sole and exclusive remedy available to you in addition to other rights and under law in relation to the Services to which the warranty relates.
    • All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
    • The Warranty does not apply to any appearance of the supplied Services nor to the additional excluded items set forth below nor to any supplied Service, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design, function or construction.
  2. Delivery
    • You acknowledge that the Services offered by the Company integrate the delivery through the use of Service Providers, who are third-party professionals offering their Services through the platform of the Site.
    • In providing the Services, the Company may provide you with a variety of delivery and insurance options against prices, labour or parts, offered as part of the services by the Service Providers. You acknowledge and agree that the Company is not the provider of these services and merely facilitates your interactions with the Service Providers in respect to providing with Services.
    • In the event that an item is lost or damaged in the course of the Services, Company asks that you:
      • contact the Service Provider directly to request a refund or to claim on any insurance options available; and
      • Contact us by sending an email to [email protected] outlining in what way the Services were faulty so we are able to determine if the Service Provider should be removed from the Services.
  1. Copyright and Intellectual Property
    • The content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned, controlled or reserved by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
    • The Company retains all rights, title and interest in and to the Site and all related content. Nothing you do on or in relation to the Site will transfer to you:
      • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of the Company; or
      • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
      • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
    • You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or pay in public, adapt of change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Site, which are freely available for re-use or are in the public domain.
    • The Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. The Company reserves all rights not expressly granted to you in and to the Site and Content and Marks.
  2. Site Management

The Company reserves the right but does not have the obligation to:

  1. monitor the Site for violations of these Terms;
  2. take appropriate legal action against anyone who, in Company’s sole discretion, violates these Terms, including without limitation, reporting such user to law enforcement authorities;
  3. in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate these Terms or any Company policy;
  4. in Company’s sole discretion and without limitation, notice or liability to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
  5. otherwise manage the Site in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Site.
  6. Privacy
    • The Company takes your privacy seriously and any information provided through your use of the Site and/or the Services are subject to the Company’s Privacy Policy, which, inter alia, describes how the Company collects and uses personal information in connection with the Services
    • We care about data privacy and security. Please review our Privacy Policy [ INSERT HYPERLINK HERE ]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States.  If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.  Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
  7. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of  the Company. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, the Company will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

  1. General Disclaimer
    • You acknowledge that the Company does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services, other than provided for pursuant to these Terms.
    • The Company will make every effort to ensure the Services are accurately described on the Site, however, you acknowledge that the specific performance, fulfilment and provision of Services may differ from the description on the Site.
    • The Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. The Company does not guarantee the quality, suitability, safety or ability of Service Providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
    • Subject to this clause, and to the extent permitted by law, the Company will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services of these Terms (including, as a result of not being able to use the Services or the late delivery of the Services), whether at common law, under contract, tort (including negligence) in equity, pursuant to statute or otherwise.
    • Use of the Site, the Services, and any of the products of the Company is at your own risk. Everything on the Site and the Services are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of the Company (including any Third Party where the Services are made available to you) make any express or implied representation or warranty about its Content or any products or Services (including the services of Service Providers) referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      • the accuracy, suitability or currency of any information on the Site, the Service, or any of its Content related products (including third party material and advertisements on the Site);
      • costs incurred as a result of you using the Site and the Services;
      • the Content or operation in respect to links which are provided for the User’s convenience;
      • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Site; or
      • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  1. Disclaimers
    • The Company cannot control the nature of all of the Content available on the Site. By operating the Site , the Company does not represent or imply that the Company endorses any Contributions or other Content available on or linked to by the Site, including without limitation content hosted on third party websites or provided by third party applications, or that the Company believes Contributions or other Content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Services.
    • You agree that your use of the Site and Services will be at your sole risk. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Company makes no warranties or representations about the accuracy or completeness of the Site Content or the content of any websites linked to this Site and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (c) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) interruption or cessation of transmission to or from the Site or company services, (e) bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (f) errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
  2. Limitation of Liability
    • The Company’s total liability arising out of or in connection with the Services of these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Charge paid by you under these Terms or where you have not paid the Charge, then the total liability of the Company is the resupply of information or Services to you.
    • You expressly understand and agree that the Company, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly) or data, personal injury, any loss of goodwill or business reputation and any other intangible loss. Neither shall the Company be liable for any property damage resulting from any use of the services, regardless of the negligence (either active, affirmative, sole or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
    • The Company is not responsible or liable in any manner for any site content (including the Content and third party content) posted on the Site or in connection with the Services, whether posted or caused by users of the Site of the Company, by third parties or by any of the Services offered on the Site.
    • The Company shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Service Provider, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company's reasonable control.
    • The Services may be used by you to request and schedule the services with Service Providers, but you agree that the Company has no responsibility or liability to you related to any locksmith services provided to you by Service Providers other than as expressly set forth in these terms.
    • The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Company’s liability shall be limited to the extent permitted by law. This provision shall have no effect on the Company’s choice of law provision set forth below.
    • You acknowledge that the Company does not provide locksmith services to you and you agree that the Company will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to good will arising out of or in connection with the Services.
    • If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor".
  3. Termination of Contract
    • The Terms will continue to apply until terminated by either you or by the Company as set out below.
    • If you want to terminate the Terms, you may do so by:
      • Notifying the Company at any time; and
      • Closing your accounts for all of the Services which you use, where the Company has made this option available to you.

Your notice should be sent, in writing, to the Company via the ‘Contact Us’ link on our homepage (within the Site).

  • The Company may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • the Company is required to do so by law;
    • the partner with whom the Company offered the Services to you has terminated its relationship with the Company or ceased to offer the Services to you;
    • the Company is transitioning to no longer providing the Services to Users in the state in which you are resident or from which you use the Services; or
    • the provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable.
  • Subject to local applicable laws, the Company reserves the right to discontinue or cancel your membership to the Site at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Site or the Services without notice if you breach any provision of the Terms or any applicable law or if you conduct impacts the Company’s name or reputation or violates the rights of those of another party.
  • Without limiting any other provision of these Terms, the Company reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Site and the Services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation, and the Company may terminate your use or participation in the Site and the services, delete your Account and any content or information that you have posted at any time, without warning, in Company’s sole discretion.
  • In order to protect the integrity of the Site and the Services, the Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Site and the Services.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  • Any provisions of these Terms that, in order to fulfil the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfil such purposes.
  • You understand that certain states allow you to cancel these Terms, without any penalty or obligation, at any time prior to midnight of the Company’s third business day following the date of these Terms, excluding Sundays and holidays. To cancel, call a Company customer care representative during normal business hours using the contact information listing below in these Terms or by accessing your Account settings. This section applies only to individuals residing in states with such laws.
  • If the Company terminates or suspends your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  1. Indemnity
    • You agree to defend, indemnify and hold the Company, its affiliates, officers, employees, agents, contributors, third party content providers and licensors harmless from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:
      • your use of the Services or services or goods obtained through your use of the Services;
      • your breach or violation of any of these Terms;
      • the Company’s use of your uploaded Content;
      • your violation of the rights of any third party, including Service Providers;
      • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Site; and/or
      • any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so and any breach by you or your agents of these Terms.
    • Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defence of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  2. User Data

Our Site will maintain certain data that you transfer to the Site for the purpose of the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.

  1. Electronic Contracting

Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into relating to the Services, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

  1. Governing Law
    • These Terms are governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without giving effect to any conflict of law principles and notwithstanding mandatory rules, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Delawareans to assert claims under Delaware law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in clause 24, are only intended to specify the use of Delaware law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Delaware law to you if you do not otherwise reside in Delaware. The foregoing choice of law and forum selection provisions do not apply to the arbitration provisions in clause 24 or to any arbitrable disputes as defined therein. Instead, as described in clause 24, the Federal Arbitration Act shall apply to any such disputes. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
    • With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in [ INDICATE ] County, State of Delaware, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms. In no event shall any claim, action or proceeding by you related in any way to the Site or Services be instituted more than two (2) years after the cause of action arose.
  2. Dispute Resolution

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against the Company on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the Company, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Company by someone else.

  • Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other.
  • Agreement to Binding Arbitration Between you and the Company. You and the Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and the Company, and not in a court of law.
  • Waiver. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights).
  • Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879A party to the Terms claiming a Dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Arbitrator. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defence to arbitration, including waiver, delay, laches, or estoppel.
  • FAA. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall pre-empt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Delaware.
  • Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
  • Location and Procedure. Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  • Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
  • Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
  • Restrictions. You and the Company agree that any arbitration shall be limited to the Dispute between the Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  • Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this clause is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this clause found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
  • Changes. Notwithstanding the provisions in Clause 3 above, regarding consent to be bound by amendments to these Terms, if the Company changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing the Company with an email notice to [email protected] of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
  • Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
  1. Claims of Copyright Infringement

Claims of copyright infringement should be sent to the Company’s email address [email protected].

  1. Notices

The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to the Company, with such notice deemed given when received by the Company, at any time by first class mail or pre-paid post to our registered agent for service of process, Legaline Corporate Services, Inc. c/o GotLocked App, Inc., 651 Broad Street, Suite 206, Middletown 19709 Delaware, USA.

  1. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

  1. Assignment

You may not assign these Terms without the Company’s prior written approval. The Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any Service Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The Company’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This provision shall not affect the Severability and Survivability provisions within clause 24.

  1. Miscellaneous
    • These Terms constitute the entire agreement between you and the Company regarding the use of the Services.
    • The failure of the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
    • The clause headings in these Terms are for convenience only and have no legal or contractual effect.
    • These Terms operate to the fullest extent permissible by law.
    • The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company's reasonable control.
    • If any provision or part of a provision of these Terms is found to be unlawful, void or unenforceable by a Court of competent jurisdiction, that provision or part of the provision shall be severed and the rest of the Terms shall remain in full force, without affecting the validity and enforceability of any remaining provisions.
    • There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of these Terms or use of the Site and Services.
    • Upon Company’s request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with these Terms.
    • You agree that these Terms will not be construed against the Company by virtue of it having drafted them. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
  2. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact the Company as set forth below:

Legaline Corporate Services, Inc.

c/o GotLocked App, Inc.

651 Broad Street, Suite 206,

Middletown 19709 Delaware, USA

Email: [email protected]

1 (917) 924 9276