1. Interpretation

1.1 In these Terms and Conditions:

1.2 Unless the contrary intention appears, a reference to the singular includes the plural and vice versa.

1.3 Headings used in these Terms and Conditions are for convenience only and do not affect interpretation.

1.4 References to writing include any mode of representing or reproducing words in tangible and permanently visible form and includes telex, facsimile and electronic mail transmissions.

1.5 Nothing in these Terms and Conditions shall derogate from the rights and remedies available to KeyReturn™ and the Customer under the Competition and Consumer Act 2010 and the Australian Consumer Law Act 2010 (WA) and any other related legislation.

2. Customer Bound by Terms and Conditions

2.1 The Customer acknowledges and accepts it is bound by these Terms and Conditions by registering its personal details with KeyReturn™.

2.2 It is the duty of the Customer to carefully read all of these Terms and Conditions set out here before Registering its personal details with KeyReturn™.

2.3 All Services supplied on these Terms and Conditions supersede all prior representations, understandings, arrangements and agreements.

2.4 All contents and graphics of www.keyreturn.com.au remain the property of KeyReturn™ and are subject to Australian copyright laws.

2.5 If the Customer has a query about the Terms and Conditions, the Customer may elect to email KeyReturn™ at sales@keyreturn.com.au with its enquiry and one of the KeyReturn™ sales team will attend to the request and advise the Customer on the query.

2.6 When the Customer is Registered with KeyReturn™, the serialised keyring will be issued to the Customer.
When the customer receives the serialised keyring, the customer is required to Register with KeyReturn™ through KeyReturn™ site at www.keyreturn.com.au.

2.7 As the Customer’s personal details are registered via the internet, KeyReturn™ has taken all reasonable steps required by the Act and the Australian National Standards to ensure that the Customer’s personal information will be stored and maintained in a secured server to safeguard the Customer’s personal information and privacy.

3. KeyReturn™

3.1 The purpose of the business operated by KeyReturn™ is to provide a KeyReturn™ management Service.

3.2 After a Customer is Registered, the Customer will receive a serialised keyring to attach to their Keys. After a Customer has Registered their keyring, the Customer has to attach his serialised keyring to their Keys.

3.3 KeyReturn™ will not be liable for being unable to return Keys to their owner if the keyrings are damaged or lost and are therefore unable to be used to determine the owner.

3.4 If the Customer loses or misplaces the Keys and such Keys are later found, then the person who finds the Keys is able to place the Keys, unpackaged and with the keyring still attached, into any Australia Post post box.

3.5 Upon receiving the Keys, KeyReturn™ will refer to the serialised keyring attached to the Keys and use the secure database to determine the return address for the Keys provided upon registration by the Customer and updated from time to time by the Customer. Then KeyReturn™ will package the Keys and the serialised keyring in the same condition that the Keys are returned to KeyReturn™ and redirect the Keys to the current registered address listed in the secure database provided by the Customer and updated from time to time by the Customer.

3.6 KeyReturn™ cannot guarantee that all Keys will be recovered and returned to the owner of the Keys.

3.7 KeyReturn™ has no control over the delivery of the Keys after they have been received by KeyReturn™ and sent via Australia Post to the Customer. KeyReturn™ therefore accepts no responsibility for any direct or indirect loss, damage or delay suffered by the Customer arising out of or in connection with, but not limited to, the delayed delivery or non-delivery of the Keys.

3.8 However, KeyReturn™ shall endeavour to deliver Keys as soon as practicable after the Customer’s Keys have been returned to KeyReturn™.

3.9 Upon registering your keyring, your contact details go into the KeyReturn International database for the purpose of contacting you in the unfortunate event that you lose your keys and for you to update your information to KeyReturn. The company / brand represented on the front of the keyring may send product updates or special offers to you in the form of, but not limited to Direct Mail, e-mail or SMS communications.

3.10 In the event that keys are returned to KeyReturn ™

(a) If the keyring has the Lifetime of the keyring option, your keys will always be returned securely to you Free of Charge. KeyReturn deem the Lifetime of the keyring to be between 1 to 5 years due to wear and tear from date of issue to the client.

(b) If the keyring has a 12 month option, your keys will be returned Free of Charge for a 12 month period from the date of registration. Once the 12 month period has elapsed, the keys will still be returned to you, but will incur an administration payment of $29.00 prior to return, this will also give you a further 12 months protection. For 12 month keyring holders only – should you ever wish to purchase a “Lifetime of the keyring” protection at any point, you can do so for a fee of $20 (contact us for details).

4. Personal Information

4.1 KeyReturn™ takes all reasonable steps to conform to the Act and more particularly the National Privacy Principles in acquiring and storing personal information from the Customer about that Customer.

4.2 KeyReturn™ will only collect personal information from the Customer that is necessary for one or more of the functions or activities of KeyReturn™, pursuant to National Privacy Principle 1.

4.3 If it is reasonable and practicable to do so, KeyReturn™ will collect personal information about a Customer only from that Customer. Alternatively, if KeyReturn™ collects personal information about a Customer from someone else, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed below except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual:

4.3.1 The identity of KeyReturn™ and how to contact it;

4.3.2 The fact that the Customer is able to gain access to its personal information;

4.3.3 The purpose for which the personal information is collected;

4.3.4 The organisations (or the types of organisations) to which KeyReturn™ discloses information of that kind;

4.3.5 Any law that requires the particular information to be collected; and

4.3.6 The main consequences (if any) for the Customer if all or part of the information is not provided.

4.4 KeyReturn™ will not use or disclose personal information about a Customer for a purpose (the secondary purpose) other than the primary purpose of collection, unless the Customer consents to such use or the secondary purpose is related to the primary purpose of collection and the Customer would reasonably expect KeyReturn™ to use or disclose the information for the secondary purpose, in accordance with National Privacy Principle 2.

4.5 KeyReturn™ will take reasonable steps to protect the personal information it holds in its secure database from misuse or loss and from unauthorised access, modification or disclosure, pursuant to National Privacy Principle 4.

4.6 KeyReturn™ will not be liable for the misuse or loss of personal information from unauthorised access, modification or disclosure which KeyReturn™ took all reasonable steps to protect.

4.7 The information will not be held, used or disclosed by the recipient of the personal information inconsistently with the National Privacy Principles.

4.8 KeyReturn™ will only collect sensitive information in very limited circumstances, pursuant to National Privacy Principle 10.

4.9 Where the Customer believes that KeyReturn™ has been in breach of the Act, the Customer may notify the Privacy Commissioner of such breach.

4.10 If the Customer wishes to further enquire about the Customer’s personal information held by KeyReturn™, the handling of its personal information and the procedures adopted by KeyReturn™ to ensure the privacy of such personal information, the Customer may contact KeyReturn™

5. Registration of Serialised keyring

5.1 Any personal information collected from the Customer during Registration of the serialised keyring is stored in the secure server to assist in the return of the lost Keys that have been returned properly to KeyReturn™.

5.2 The personal information that is required to be collected is outlined on the KeyReturn™ website when the Customer goes to register.

5.3 As noted in clause 4 above, KeyReturn™ accepts its obligation to take all necessary and reasonable steps to protect the Customer’s personal information that it holds in its secure database from misuse and loss and from unauthorised access, modification or disclosure.

5.4 KeyReturn™ may limit the extent of its liability to ensure the privacy of the Customer’s personal information to the extent that such reasonable steps have been properly taken.

7. Cookies

7.1 Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept cookies.

7.2 KeyReturn™ uses cookies to make the Customer’s use of the website and Services as convenient as possible.

7.3 Cookies do not personally identify the Customer, although they do identify the Customer’s browser.

7.4 Cookies are useful to estimate the number of customers and determine overall traffic patterns through the website.

7.5 If the Customer does not wish to receive any cookies, the Customer may set its browser to refuse cookies. This may mean the Customer will not be able to take full advantage of the Services.

8. Security

8.1 All personal information stored in the secure server has security policies in place to minimise the risk of unauthorised access to the Customer’s personal information.

8.2 KeyReturn™ has in place reasonable protection regulations to protect the Customer’s personal information from misuse, loss, unauthorized access, modification or disclosure.

8.3 In addition, all employees of KeyReturn™ are required to sign a confidentiality agreement whilst handling the Customer’s personal information.

8.4 The Customer may contact KeyReturn™ if it requires further information regarding the security policy.

8.5 The Customer is to notify KeyReturn™ immediately if it becomes aware of any unauthorised use of the website or the Customer’s personal information or any other breach of security.

8.6 KeyReturn™ will notify the Customer if there is any breach in the privacy of the Customer’s personal information that is listed on in the secure server.

9. Use of e-mail

9.1 E-mail correspondences between the Customer and KeyReturn™ are kept for record purposes for further use whenever necessary. Any information in the Customer’s email may be used for the purpose of assisting KeyReturn™ to provide the Customer with the Services.

9.2 KeyReturn™ is not liable for the diminished privacy of email documents which are inherent in corresponding via email.

9.3 When the Customer’s Keys are lost and then found and returned to KeyReturn™ KeyReturn™ will inform the Customer via email on the process of returning the Customer’s Keys to the Registered owner. This may require disclosing personal information about the Customer to third parties outside KeyReturn™, such as Australia Post, courier services or similar delivery companies which would be delivering the Customer’s Keys.

9.4 If the Customer wishes to correspond with KeyReturn™ by post instead of email, the Customer is to contact Key to arrange for the alternate mode of correspondence.

10. Dispute

10.1 If the Customer does not wish to agree and comply with these Terms and Conditions, then the Customer is not to register its details with KeyReturn™ thereby refraining from entering into a contract with KeyReturn™ to make use of the Services.

10.2 By the Customer Registering the serialised keyring, the Customer is taken to have read and understood and accepted these Terms and Conditions and the Customer will have entered a legally binding contract with KeyReturn™

10.3 If the Customer believes that there has been a breach of its personal information supplied to KeyReturn™ upon Registration, the Customer may report a possible breach of privacy at www.keyreturn.com.au. Additionally, the Customer is recommended to contact the Federal Privacy Commissioner for any dispute on 1300 363 992 or by mail to GPO Box 5218, Sydney, NSW, 1042.

11. Amendments

11.1 These Terms and Conditions are correct as at the date of publishing. However, these Terms and Conditions may be amended from time to time in order to regulate according to State and Federal Legislation.

11.2 The Customer is advised to review the Terms and Conditions to ensure that it is updated with changes in the Terms and Conditions.

11.3 These Terms and Conditions are published at 18th November 2009.

1. Interpretation

1.1

In these Terms and Conditions:

“Act” means the relevant Australian legislation relating to privacy, primarily being the Privacy Act 1988 (Cth), also referred to as the Federal Privacy Act.

“Customer” means the entity that is the purchaser of the Services.

“Keys” means the Keys owned by the Customer which have a registered keyring securely attached and also includes any electronic alarms, data memory sticks and any other devices or ornaments attached to the Keys.

“KeyReturn™ ” means Database Loyalty Programs BN 11366710XXXXXXXXXX

“keyring” means a serialised device attached to the Customer’s personal keys, which is used to operate the Service.

“National Privacy Principles” are contained in Schedule 3 of the Act to establish a nationwide scheme in order to regulate the way in which KeyReturn™ may keep, collect, use and disclose personal Customer information.

“Services” means any Services supplied to the Customer pursuant to the Customer Registering with and thereby forming a legally binding contract with KeyReturn™ the meaning given to it by clause 3.1.

“Registered” means after a Customer has provided all necessary information to KeyReturn™ and has fully paid the registration fees and any other outstanding fees, the Customer will be Registered and will be in a legally binding contract with KeyReturn™ and will therefore be eligible to receive a serialised keyring to attach to their Keys.

“Terms and Conditions” means these Terms and Conditions.

“Website” means the Internet store operated by KeyReturn™ located at http://www.keyreturn.com.au/.

1.2

Unless the contrary intention appears, a reference to the singular includes the plural and vice versa.

1.3

Headings used in these Terms and Conditions are for convenience only and do not affect interpretation.

1.4

References to writing include any mode of representing or reproducing words in tangible and permanently visible form and includes telex, facsimile and electronic mail transmissions.

1.5

Nothing in these Terms and Conditions shall derogate from the rights and remedies available to KeyReturn™ and the Customer under the Trade Practices Act 1974 and the Fair Trading Act 1987 (WA) and any other related legislation.


2. Customer Bound by Terms and Conditions

2.1

The Customer acknowledges and accepts it is bound by these Terms and Conditions by registering its personal details with KeyReturn™.

2.2

It is the duty of the Customer to carefully read all of these Terms and Conditions set out here before Registering its personal details with KeyReturn™.

2.3

All Services supplied on these Terms and Conditions supersede all prior representations, understandings, arrangements and agreements.

2.4

All contents and graphics of www.keyreturn.com.au remain the property of KeyReturn™ and are subject to Australian copyright laws.

2.5

If the Customer has a query about the Terms and Conditions, the Customer may elect to email KeyReturn™ at sales@keyreturn.com.au with its enquiry and one of the KeyReturn™ sales team will attend to the request and advise the Customer on the query.

2.6

When the Customer is Registered with KeyReturn™, the serialised keyring will be issued to the Customer.
When the customer receives the serialised keyring, the customer is required to Register with KeyReturn™ through KeyReturn™ site at www.keyreturn.com.au.

2.7

As the Customer’s personal details are registered via the internet, KeyReturn™ has taken all reasonable steps required by the Act and the Australian National Standards to ensure that the Customer’s personal information will be stored and maintained in a secured server to safeguard the Customer’s personal information and privacy.


3. KeyReturn™

3.1

The purpose of the business operated by KeyReturn™ is to provide a KeyReturn™ management Service.

3.2

After a Customer is Registered, the Customer will receive a serialised keyring to attach to their Keys. After a Customer has Registered their keyring, the Customer has to attach his serialised keyring to their Keys.

3.3

KeyReturn™ will not be liable for being unable to return Keys to their owner if the keyrings are damaged or lost and are therefore unable to be used to determine the owner.

3.4

If the Customer loses or misplaces the Keys and such Keys are later found, then the person who finds the Keys is able to place the Keys, unpackaged and with the keyring still attached, into any Australia Post post box.

3.5

Upon receiving the Keys, KeyReturn™ will refer to the serialised keyring attached to the Keys and use the secure database to determine the return address for the Keys provided upon registration by the Customer and updated from time to time by the Customer. Then KeyReturn™ will package the Keys and the serialised keyring in the same condition that the Keys are returned to KeyReturn™ and redirect the Keys to the current registered address listed in the secure database provided by the Customer and updated from time to time by the Customer.

3.6

KeyReturn™ cannot guarantee that all Keys will be recovered and returned to the owner of the Keys.

3.7

KeyReturn™ has no control over the delivery of the Keys after they have been received by KeyReturn™ and sent via Australia Post to the Customer. KeyReturn™ therefore accepts no responsibility for any direct or indirect loss, damage or delay suffered by the Customer arising out of or in connection with, but not limited to, the delayed delivery or non-delivery of the Keys.

3.8

However, KeyReturn™ shall endeavour to deliver Keys as soon as practicable after the Customer’s Keys have been returned to KeyReturn™.


4. Personal Information

4.1

KeyReturn™ takes all reasonable steps to conform to the Act and more particularly the National Privacy Principles in acquiring and storing personal information from the Customer about that Customer.

4.2

KeyReturn™ will only collect personal information from the Customer that is necessary for one or more of the functions or activities of KeyReturn™, pursuant to National Privacy Principle 1.

4.3

If it is reasonable and practicable to do so, KeyReturn™ will collect personal information about a Customer only from that Customer. Alternatively, if KeyReturn™ collects personal information about a Customer from someone else, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed below except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual:

4.3.1

The identity of KeyReturn and how to contact it;

4.3.2

The fact that the Customer is able to gain access to its personal information;

4.3.3

The purpose for which the personal information is collected;

4.3.4

The organisations (or the types of organisations) to which KeyReturn™ discloses information of that kind;

4.3.5

Any law that requires the particular information to be collected; and

4.3.6

The main consequences (if any) for the Customer if all or part of the information is not provided.

4.5

KeyReturn™ will not use or disclose personal information about a Customer for a purpose (the secondary purpose) other than the primary purpose of collection, unless the Customer consents to such use or the secondary purpose is related to the primary purpose of collection and the Customer would reasonably expect KeyReturn™ to use or disclose the information for the secondary purpose, in accordance with National Privacy Principle 2.

4.6

KeyReturn™ will take reasonable steps to protect the personal information it holds in its secure database from misuse or loss and from unauthorised access, modification or disclosure, pursuant to National Privacy Principle 4.

4.7

KeyReturn™ will not be liable for the misuse or loss of personal information from unauthorised access, modification or disclosure which KeyReturn™ took all reasonable steps to protect.

4.8

KeyReturn™ may use the Customer’s personal information in trans-border data flows. KeyReturn™ may transfer personal information about a Customer to someone (other than KeyReturn or the Customer) who is in a foreign country only if:

4.8.1

KeyReturn™ reasonably believes that the recipient of the information is subject to privacy protection similar to those mandated by the National Privacy Principles; or

4.8.2

The Customer consents to the transfer; or

4.8.3

The transfer is necessary pursuant to the Customer’s contract of Registration with KeyReturn, or pre-contractual measures, or between KeyReturn and a third party for the benefit of the Customer; or

4.8.4

The transfer is for the benefit of the Customer who would have consented if it were practical to obtain such consent; and

4.8.5

The information will not be held, used or disclosed by the recipient of the personal information inconsistently with the National Privacy Principles.

4.9

KeyReturn will only collect sensitive information in very limited circumstances, pursuant to National Privacy Principle 10.

4.10

Where the Customer believes that KeyReturn™ has been in breach of the Act, the Customer may notify the Privacy Commissioner of such breach.

4.11

If the Customer wishes to further enquire about the Customer’s personal information held by KeyReturn™, the handling of its personal information and the procedures adopted by KeyReturn™ to ensure the privacy of such personal information, the Customer may contact KeyReturn™


5. Registration of Serialised keyring

5.1

Any personal information collected from the Customer during Registration of the serialised keyring is stored in the secure server to assist in the return of the lost Keys that have been returned properly to KeyReturn™.

5.2

The personal information that is required to be collected is outlined on the KeyReturn™ website when the Customer goes to register.

5.3

As noted in clause 4 above, KeyReturn™ accepts its obligation to take all necessary and reasonable steps to protect the Customer’s personal information that it holds in its secure database from misuse and loss and from unauthorised access, modification or disclosure.

5.4

KeyReturn™ may limit the extent of its liability to ensure the privacy of the Customer’s personal information to the extent that such reasonable steps have been properly taken.



6. Cookies

6.1

Cookies are pieces of information that a website transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept cookies.

6.2

KeyReturn uses cookies to make the Customer’s use of the website and Services as convenient as possible.

6.3

Cookies do not personally identify the Customer, although they do identify the Customer’s browser.

6.4

Cookies are useful to estimate the number of customers and determine overall traffic patterns through the website.

6.5

If the Customer does not wish to receive any cookies, the Customer may set its browser to refuse cookies. This may mean the Customer will not be able to take full advantage of the Services.


7. Security

7.1

All personal information stored in the secure server has security policies in place to minimise the risk of unauthorised access to the Customer’s personal information.

7.2

KeyReturn™ has in place reasonable protection regulations to protect the Customer’s personal information from misuse, loss, unauthorized access, modification or disclosure.

7.3

In addition, all employees of KeyReturn™ are required to sign a confidentiality agreement whilst handling the Customer’s personal information.

7.4

The Customer may contact KeyReturn™ if it requires further information regarding the security policy.

7.5

The Customer is to notify KeyReturn™ immediately if it becomes aware of any unauthorised use of the website or the Customer’s personal information or any other breach of security.

7.6

KeyReturn will notify the Customer if there is any breach in the privacy of the Customer’s personal information that is listed on in the secure server.


8. Use of e-mail

8.1

E-mail correspondences between the Customer and KeyReturn are kept for record purposes for further use whenever necessary. Any information in the Customer’s email may be used for the purpose of assisting KeyReturn™ to provide the Customer with the Services.

8.2

KeyReturn™ is not liable for the diminished privacy of email documents which are inherent in corresponding via email.

8.3

When the Customer’s Keys are lost and then found and returned to KeyReturn™ KeyReturn™ will inform the Customer via email on the process of returning the Customer’s Keys to the Registered owner. This may require disclosing personal information about the Customer to third parties outside KeyReturn™, such as Australia Post, courier services or similar delivery companies which would be delivering the Customer’s Keys.

8.4

If the Customer wishes to correspond with KeyReturn™ by post instead of email, the Customer is to contact Key to arrange for the alternate mode of correspondence.


9. Dispute

9.1

If the Customer does not wish to agree and comply with these Terms and Conditions, then the Customer is not to register its details with KeyReturn™ thereby refraining from entering into a contract with KeyReturn™ to make use of the Services.

9.2

By the Customer Registering the serialised keyring, the Customer is taken to have read and understood and accepted these Terms and Conditions and the Customer will have entered a legally binding contract with KeyReturn™

9.3

If the Customer believes that there has been a breach of its personal information supplied to KeyReturn™ upon Registration, the Customer may report a possible breach of privacy at www.keyreturn.com.au. Additionally, the Customer is recommended to contact the Federal Privacy Commissioner for any dispute on 1300 363 992 or by mail to GPO Box 5218, Sydney, NSW, 1042.


10. Amendments

10.1

These Terms and Conditions are correct as at the date of publishing. However, these Terms and Conditions may be amended from time to time in order to regulate according to State and Federal Legislation.

10.2

The Customer is advised to review the Terms and Conditions to ensure that it is updated with changes in the Terms and Conditions.

10.3

These Terms and Conditions are published at 18th November 2009.