Keycafe

Keycafe Store Terms and Policies

Last updated May 24, 2018.

General

These Keycafe Store Terms and Policies ("Store Terms") apply to any Equipment You buy from Keycafe or a licensed reseller through such methods as our online store or a purchase order. Capitalized terms used in these Store Terms have the meanings set out in the Keycafe Terms of Service available at https://www.keycafe.com/keycafe-tos (the "Keycafe Terms"), unless otherwise defined in these Store Terms. Nothing herein shall limit the Keycafe Terms, including but not limited to the Keycafe Group's Limitation of Liability and Your Indemnity, or other agreements which You must enter by using the Keycafe Service. Keycafe reserves the right to vary, amend, delete or supplement the Store Terms in its sole discretion and without prior notice.

Pricing and Fees

Keycafe sells Equipment at listed rates including, but not limited to, its cellular connected SmartBox base station and expansion key cabinets ("Connected Products") that have a purchase price and an ongoing operating subscription fee. The operating subscription is charged on the terms and conditions provided to you which may include an evaluation period on Your initial order and billing on an annual basis for each Connected Product's independent billing cycle. Equipment purchase fees are paid at the time of sale or payment schedule otherwise agreed on a purchase order. All Connected Product subscription fees are billed automatically and due immediately.

Returns, Refund and Cancellation Policy

Your first Connected Product may be returned anytime within 60 days of receiving it for a full refund. The Connected Product must be returned undamaged, in the original packaging, and with all included accessories. Keycafe does not cover the cost, taxes, duties or other costs associated with return shipping. All other and subsequent Equipment orders are non-refundable and non-exchangeable. Order cancellation requests are assessed on a case by case basis in Keycafe's sole discretion.

Factory Orders

Keycafe may designate Your order volume too large to fulfill from its regular selling inventory. In such cases You will be asked to provide a purchase order that will designate the quantity, pricing, shipping destination, requirements, payment terms and other terms of Your order. Keycafe will provide You with an estimated lead time which will typically be in the range of 6 - 12 weeks. Lead time estimates are subject to many factors outside of Keycafe's control and are not guaranteed. Keycafe provides the opportunity for custom branding on factory orders.

Branding & Marks

If you purchase Equipment, you may rebrand it at your discretion. However, all Keycafe Connected Products must visibly display "Powered by Keycafe" in accordance with Keycafe's brand guidelines, and Keycafe may at its option display this branding message in certain areas of its software such as on the Connected Product screen or our web or mobile applications.

Equipment may be marked with a serial number, model number, claim ID, manufacturing labels, FCC, CE and other product certifications, legal notices, applicable patent numbers, and other product labelings ("Marks"). Marks are essential to the tracking and operation of Equipment and some Marks are required by law to remain on the Equipment. Please do not remove Marks.

Warranty

Keycafe warranties its Connected Products to remain cellular network compatible in its connected countries and free from defects in material or workmanship for a period of four (4) years following the date of purchase. Keycafe Connected Products are designed to be durable, toolless, and modular so that they are manageable in the field by customers. A defective Connected Product meeting the warranty conditions set forth herein will be repaired or replaced at no charge according to the following process:

(i) Troubleshooting. As the first step, You will work with Keycafe's 24/7 support hotline to assess the issue and determine if a remote resolution is possible. This may include testing, opening, inspection and repair of the Connected Products at Keycafe's direction. If Keycafe determines that satisfactory troubleshooting has been completed and a remote solution is not possible, it may decide in its sole discretion to either ship a repair kit or, in certain circumstances, a replacement for Your Connected Product.

(ii) Repair or Replacement. If a repair kit is shipped, upon receipt You will assist the repair following Keycafe's guidance by phone, video or documented instructions to complete the repair. If a replacement is shipped, upon receipt, You must promptly return ship at Your own expense the defective Connected Product to Keycafe's designated service center. Keycafe may require a credit card authorization to ensure the return of the defective Connected Product. Keycafe is not responsible for any labor costs You incur relating to troubleshooting, repairs or replacement of defective Connected Products.

This warranty does not cover failures that arise from physical abuse, improper handling, accidental damage, poor cellular coverage, suboptimal installation, non-permitted uses, operation outside of product guidelines, or the temporary disruption or failings of internet, telecommunication or other third-party services on which the Keycafe Service depends. This warranty does not include cosmetic damage such as scratches or dents that do not affect product functionality nor coverage of any non-connected Equipment such as fobs, branding skins, repair kits, accessories, and parts. This warranty is non-transferable and only valid provided that the Connected Product is used exclusively in its recommended operating environment, remains unmodified, and retains its original Marks. Any transfer or resale of the Connected Product, use outside of the recommended operating environment, physical modification without Keycafe's direction, or loss of Marks shall void a Connected Product's warranty. This warranty gives You specific legal rights and You may have other rights which vary from jurisdiction to jurisdiction which this warranty does not limit. All other warranties, express or implied, are hereby disclaimed.

Lifetime Extended Coverage

As long as the recurring operating subscription on a Connected Product continues to be paid without interruption or suspense after the warranty period, Keycafe will provide extended coverage on that Connected Product throughout its remaining connected life on a best effort basis. Troubleshooting and repair kits (if available) shall continue to be provided at no charge, however, the replacement option will no longer be available and repair kits will over time become unavailable as Keycafe's repair kit stock is depleted or Keycafe discontinues its use of certain underlying technologies or subcomponents.

Field Support in Select Markets

In selected major cities in which Keycafe operates, Keycafe may offer You the option to pay for installation or onsite support related to troubleshooting, repair or replacement under your warranty or lifetime extended coverage if You do not wish to do it Yourself. Any such support is at Keycafe's option and will be charged at quoted hourly rates.

Shipping Policy

Our shipment of Equipment is subject to terms and conditions set out by the shipping carrier. It is Your responsibility to check Your email for updates on the delivery status, and/or schedule a delivery with the shipping carrier if they will not be available to receive the shipment. Keycafe bears no responsibility for any Equipment that were signed for at the delivery address by someone other than the customer. Keycafe is not responsible for additional shipping charges, including but not limited to remote delivery or delay fees and customs duties and taxes due on delivery.

Responsibility for Your Customers

If You are buying Equipment, You are, without limiting Your other capacities as a Customer, an Enterprise User. Keycafe gives You many options for how You use the Service. It is common for Enterprise Users to implement bespoke applications for End Users that is unique to their own service and use the Keycafe APIS or other approaches to limit communication from or whitelabel Keycafe. It is also common for Enterprise Users to install the Equipment they buy on the premises of venues which they do not own or operate, similar to how Keycafe works with its Location Providers. You acknowledge it is impossible for Keycafe to monitor or regulate how You as an Enterprise User use the Service and Equipment and how You involve other Customers, venues or parties of any kind (“Your Customers”) with the Service or Equipment, that You have been advised of risks related to the Service under the Keycafe Terms, and that You ultimately take responsibility for Your Customers and any liability that may arise from their use. Keycafe strongly recommends that You require Your Customers to review and agree to the Keycafe Terms (or incorporate by reference the Keycafe Terms, or substantially similar language, into Your own agreements with Your Customers) which contain important protections for You and them, including but not limited to mutual limitation of liability and indemnification.