CoverBack Terms & Conditions Applicable to any purchase of services through the myCoverBack.com website.
Contents
Clause 1. What is CoverBack and myCoverBack.com? 2. What are these Terms and Conditions? 3. Definitions 4. Acceptance of Terms and Conditions 5. Signing-up for the Services 6. What happens if You lose a personal item? 7. Tips on collecting Your valuables 8. Disputes with Finders 9. Changing Your email address and/or telephone number 10. CoverBack Liability 11. Your conduct 12. Our rights 13. Promotions and promotional codes 14. Intellectual Property 15. Security 16. Electronic Communications 17. Privacy 18. Indemnity 19. Disputes 20. Termination 21. General
1. What is CoverBack and myCoverBack.com? Coverback manufactures and distributes mobile device products connected to the myCoverBack.com lost & found service that helps Registered Users of lost devices interact with Finders of such devices through an anonymous web portal.
2. What are these Terms and Conditions? These Terms and Conditions set out the terms on which CoverBack provides its Services to You and on which You agree to use the Services. Capitalized terms used in these Terms and Conditions have the meanings given in the “Definitions” section below. You should review these Terms and Conditions carefully and make sure that You understand them before using the myCoverBack.com website and signing up for the Services. If You do not agree to these Terms and Conditions, You may not subscribe for, or use, the Services or the website.
3. Definitions
“Finder” means the person who finds a Personal Item of a Registered Users and communicates with that Registered User through the Website. Both Registered Users and Finders must agree to these Terms and Conditions prior to using the Services or the Website.
“CoverBack” is owned by Keyfetch, LLC. Keyfetch LLC may be contacted at P.O. Box 431289, Miami, FL 33243, USA or by sending an email to [email protected]. Email delivery is not always reliable and You should not assume an email was received unless You receive an acknowledgement. If you cannot contact Keyfetch by email, you can send a certified letter to Keyfetch at the above address.
“Registered User” means a user who has subscribed for the Services. Registered Users agree to these Terms and Conditions by subscribing for the Services or using the Website.
“Services” means all the services provided by CoverBack as set out in these Terms and Conditions.
“Terms and Conditions” means these terms.
“Your” and “You” means a user of the Website or a person reading these Terms and Conditions who is considering becoming a Registered User, a Finder or a user of the Website.
“Website” means the website on which these Terms and Conditions are displayed.
4. Acceptance of Terms and Conditions
4.1 You may agree to be bound by these Terms of Conditions by becoming a Registered User (by subscribing for the Services), by using the Website as a Finder or otherwise. These Terms and Conditions are a binding legal agreement. If you do not accept and agree to be bound by these Terms and Conditions, you must not subscribe to the Services or use the Website.
4.2 Keyfetch LLC, the owner of CoverBack, may modify these Terms and Conditions from time to time. If You are a Registered User, CoverBack will notify You of any changes to these Terms and Conditions by emailing You at the email address entered by You when subscribing for the Services. If You are not a Registered User, you should monitor the Website to determine if these Terms and Conditions have changed. These Terms and Conditions include an effective date below. If that date changes, it means that a new revision of these Terms and Conditions has gone into effect. By continuing to use the, Website, the Services after changes to these Terms and Conditions are made, You agree to be bound by such changes.
4.3 You can review the most current version of our Terms and Conditions at any time by clicking on the link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
5. Signing-up for the Services
5.1 When you sign-up for the Services in the manner set out in this paragraph, you become a Registered User.
5.2 To subscribe, You must complete the registration form found by clicking the Activate ID or register ID tabs on the Website. Amongst other standard sign-up information, the registration form requires You to provide your email address and mobile phone number. This is so that CoverBack can notify you in the event that your items are found. Other information collected during the sign up process may or may not include payment information and any applicable promotional offers or discount codes that are available to You. Promotions and discounts are offered at CoverBack’s sole discretion, can be cancelled at any time, and may have other terms or conditions that must be satisfied by You before they can be used.
5.3 Once You have registered for the Services, You will receive an email confirmation of Your service activation. You must put the phone case or sticky label with the number that corresponds to the relevant Registered User onto that user’s personal items. If you do not tag a personal item with the correct code, there will be no way for a Finder to contact CoverBack if your device is found.
6. What happens if You lose a device?
6.1 Your CoverBack product contains instructions to a Finder. The Finder may go to the Website and enter the 16 digit code shown on the case or label. Once that is done, the Website will generate an automatic email notifying You that your device has been located. The Finder does not receive Your email address or any information about You.
6.2 The Finder enters his email address into the Website and is automatically connected to an anonymous messaging system through which he can send You an anonymous message. The Website sends You a message containing a link to an anonymous private chat room in which you can view the Finder’s message. You can then use this messaging system to self-arrange a suitable time and place to collect Your lost item.
6.3 The chat room is recorded and monitored to provide You with protection and security in case of a dispute. CoverBack and its parent company, Keyfetch LLC, have a zero tolerance policy towards abusive or unethical behavior. CoverBack reserves the right to cancel any service in the event that its Services are being abused or that any Registered User is violating the acceptable use policy, which may be updated from time to time at our sole discretion.
6.4 CoverBack will not disclose Your contact details or any other information about You to a Finder. You are under no obligation to disclose any information to a Finder. Please read paragraph 9 which provides guidance on dos and don’ts when arranging to collect Your item.
7. Tips on collecting Your lost devices
7.1 Please remember that You will probably be collecting Your lost device from a complete stranger. For tips and ideas on how to collect your device safely and anonymously, see http://www.mycoverback.com/retrieval-tips.html.
7.2 Also please note that You have no obligation to make any payment to a Finder. By using the Website, a Finder is agreeing to these Terms and Conditions. If You are a Finder, then as an express condition of these Terms and Conditions, You agree not to require or request payment in return for returning a personal item to a Registered User. If any Finder does make such a request, please feel free to report them to [email protected]. CoverBack is not obligated to, and will not, reimburse You for any amount demanded by, or paid to, a Finder.
7.3 As a Registered User or a Finder using the Services or the Website, You agree to use the Services and the Website responsibly and are solely liable and responsible for all information your provide to, or receive through, the Service or the Website.
7.4 When arranging to meet another person using the Services or the Website, you MUST take appropriate precautions and must review the safety tips available at http://www.mycoverback.com/retrieval-tips.html. Any and all such meetings are at Your own risk and are not the responsibility of CoverBack or any owner, officer, employee or affiliate of Keyfetch. You agree to indemnify CoverBack and its owners, employees, and affiliates against any threatened or actual claims that arise as a result of any communication or meeting facilitated by or through the use of the Services or the Website.
7.5 For the avoidance of doubt, neither CoverBack nor its owners, officers, employees nor affiliates will be liable or responsible for any crime committed by or against you by any third party, or any identity theft resulting from a lost item or use of the Services, or any harassment or abusive communication by a Finder or Registered User against or to another Registered User or Finder.
7.6 You agree to indemnify Coverback and its owners, employees, and affiliates against any threatened or actual claims that arise as a result of (i) a breach by You of these Terms and Conditions, (ii) your use of the Services or the Website, including, without limitation, any actual or threatened claims of infringement, fraud, defamation, online abuses, or harassment, (iii) your negligence in any communication or meeting facilitated by or through the Website or the Services, (iv) any crime committed by You or against You by any third party that is any way connected with Your use of the Services or the Website, or (v) any failure to recover any personal item.
8. Disputes with Finders
8.1 Please report any dispute with a Registered User or a Finder to [email protected] immediately. In particular, please report any Finder who requests money or some other form of payment in exchange for returning Your device. Remember that all communication with Finders are recorded for the purpose of avoiding and/or resolving any disputes.
8.2 While CoverBack asks that You report disputes, it does not promise that it will be able to resolve any dispute or will try to do so. In the event CoverBack investigates or take any action to resolve any disputes, there is no guarantee or promise Keyfetch will be able to find an acceptable resolution. CoverBack reserves the right to terminate any dispute resolution efforts at any time and for any reason, and may do so without any liability to You.
9. Changing Your email address and/or telephone number You must notify Coverback if Your email address or telephone number changes. CoverBack will use Your email address and telephone number to contact You in the event that Your devices are lost. If Your email address or telephone number is incorrect, CoverBack may not be able to contact You. To update Your email address or telephone number, please log in to Your account on the Website and update Your details.
10. CoverBack Liability
10.1 COVERBACK AND ITS PARENT COMPANY, KEYFETCH LLC, PROVIDE THE SERVICES AND THE WEBSITE "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY. COVERBACK AND KEYFETCH SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
10.2 CoverBack assumes no liability or responsibility for: (a) any errors or omissions in the Website; (b) any failures, delays or interruptions of the Services or the Website; or (c) any losses or damages arising from the use of the Services or the Website.
10.3 CoverBack reserves the right to provide the Website and the Services in its sole and absolute discretion, save that CoverBack will use commercially reasonable efforts to avoid cessation or interruption of the Website or the Services during the term of any subscription for the Services except as required by law or as deemed reasonably necessary by CoverBack in its sole discretion to mitigate liability or damages.
10.4 In no event shall CoverBack, Keyfetch, its shareholders, directors, officers, employees, agents, partners or affiliates be liable (jointly or severally) to You or any third party for loss of use or any special, incidental, indirect or consequential damages whatsoever arising out of or in connection with these Terms and Conditions, the Website or the Services or any failure or delay in delivery of any product or service, on any theory of liability, and whether or not advised of the possibility of damage.
10.5 Registering for the Services does not mean either that Your devices will not be lost or stolen or that (if they are lost or stolen) they will be returned to You. In the event that Your devices are not returned to You, You will not be entitled to a refund or to any reimbursement or compensation.
10.6 CoverBack is neither responsible nor liable for the behavior of its users. CoverBack shall not be liable in the event that any user harasses, offends or acts in an unlawful or unpleasant manner towards You (whether or not You have followed the guidance herein).
10.7 Certain jurisdictions do not permit certain limitations of liability or damages, so some of the limitations in these Terms and Conditions may not apply to You. In particular, CoverBack and its parent company, Keyfetch LLC, do not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of CoverBack. But CoverBack and its parent company, Keyfetch LLC, do otherwise seek to otherwise limit its liability, and that of its owners, officers, employees and affiliates, to the maximum extent permitted under applicable law.
10.8 If any applicable authority holds any portion of these Terms and Conditions to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
10.9 From time to time You may use or access services, promotions and websites of third parties through links displayed on the Website. CoverBack does not operate and is not responsible for any such third party websites or services (including payment services) and You use them at your own risk. You also agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
11. Your conduct
11.1 In using the Website and the Services, You agree and undertake to: (a) keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password; (b) comply with these Terms and Conditions at all times; (c) not use or attempt to use the Website, the Service or any equipment or software of Keyfetch or its service providers to send unsolicited email communications; (d) comply with all applicable laws at all times in connection with your use of the Website and the Services; and (e) act at all times in a courteous and polite manner with other users.
11.2 You further agree not to: (a) interfere with the servers or networks connected to the Website or used to provide the Services or to violate any of the procedures, policies or regulations of networks connected to the Website or used to provide the Services, including without limitation these Terms and Conditions; (b) upload, post, e-mail or otherwise send or transmit any obscene or pornographic material or any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy, monitor or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website or the Services or any users thereof; (c) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website or the Services to any third party, or jeopardize the correct functioning of the Website or the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website or the Services; (d) attempt to gain access to secured portions of the Website or the Services to which You do not possess access rights; (e) impersonate any other person while using the Website or the Services; (f) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website or the Services; (g) resell or export the software associated with the Website or the Services; (h) use the Website or the Services or any hardware or software used to provide the Website or the Services to generate unsolicited advertisements or spam; or (i) use any automatic or manual process to search or harvest information from the Website or the Services, or to interfere in any way with the proper functioning of the Website or the Services.
12. Our rights In providing You with access to the Website and in providing the Services, CoverBack reserves the following rights, and in accessing, browsing or otherwise using the Website and/or registering for the Services You grant to CoverBack and agree that it shall have the following rights: (a) the right to refuse or withdraw Your access to the Website and the Services and to cancel Your registration in accordance with any applicable laws at any time (with or without notice) if in CoverBack’s sole and absolute discretion You violate or breach any of these Terms and Conditions or attempt to perform, or perform, any illegal act with, through or in connection with Your use of the Website or the Services; (b) the right to amend or update the Services, the Website, prices of its services, billing methods or these Terms and Conditions from time to time; (c) the right to report You or any other person to the police or other judicial body if CoverBack believes in its sole and absolute discretion that Your conduct (or that of any other person) whether in using the Website, subscribing for the Services or otherwise is or may be unlawful.
13. Promotions and promotional codes
13.1 CoverBack may from time to time offer promotions, discounts and free services.
13.2 In such circumstances, You will be required to become a Registered User in accordance with these Terms and Conditions and will be asked to enter either: (a) a number or code container a promotional code that will instruct the Website to automatically apply the appropriate offer or discount to Your account; or (b) a unique printed promotional code which will instruct the Website to automatically apply the appropriate offer or discount to Your account.
14. Intellectual Property
14.1 CoverBack and/or its suppliers and licensor(s) are the owners of the Website and the technology utilized to provide the Services, and all related intellectual property, which includes any software, domains, and content made available through the Website.
14.2 The CoverBack brand (including all registered and unregistered trademarks and services marks utilized by Keyfetch and CoverBack) and the Website are protected by U.S., UK and International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website, or use any trademark or service mark of Keyfetch, without Keyfetch’s prior express written consent.
14.3 Notwithstanding the foregoing, You may communicate links to the Website and tweet or otherwise communicate information relating to Your use of the Services using social media unless and until CoverBack requests that you cease doing so.
14.4 Any unauthorized use of the Website or the Services will result in the immediate and automatic termination of any consent to use or link to the Website or the Services or use any intellectual property of CoverBack or its licensors in any manner. CoverBack reserves the right to terminate the limited license without notice at any time following an unauthorized use by You of the Website.
14.5 CoverBack and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of CoverBack and Keyfetch. They may not be used without the latter’s prior express written permission.
14.6 All other trademarks not owned by CoverBack or Keyfetch that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by the companies.
15. Security
15.1 Whilst CoverBack has used commercially reasonable efforts to implement reasonable technical and organizational measures to secure Your personal information from unauthorized access or use, it cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information at Your own risk and that You will cooperate with Keyfetch in the event of any breach of such measures.
15.2 When You register for the Services on myCoverBack.com, You do not need to provide Your bank account and card details to CoverBack as the service is entirely included as part of your CoverBack product purchase. Whilst it is envisioned that the lost & found service feature will remain free of charge with a purchased CoverBack item, CoverBack reserves the right to change the terms of its service cost to consumers without any prior notification. In such event, CoverBack would NOT receive (and would not be responsible for) any payment information.
16. Electronic Communications By downloading and/or using the Website and/or subscribing for the Services, You consent to receiving electronic communications and notices from CoverBack. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
17. Privacy
17.1 You provide us with information when You subscribe for the Services. CoverBack endeavors to collect only the minimum information required for CoverBack to provide the Services and to effectively communication with its Registered Users.
17.2 In addition to the information CoverBack collects when You subscribe for the Services, CoverBack also collects information relating to Your usage and purchase history, Your activities and Your use of the Website.
17.3 Any information that You submit or that CoverBack collects when You are using the Website or otherwise in relation to Your use of the Services, is subject to the CoverBack Privacy Policy which can be found at http://www.mycoverback.com/privacy-policy.html .
17.4 CoverBack is not intended to be used by any person under 18 years of age. By registering for the Services, You warrant and represent that you are an adult and are legally permitted and capable of agreeing to these Terms and Conditions.
18. Indemnity You agree to indemnify and hold Keyfetch LLC and its related companies such as Coverback, and each of their respective shareholders, directors, officers, employees, affiliates, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of Your breach of these Terms and Conditions and/or Your violation of any law or the rights of any third party. To the extent this Paragraph 23 is inconsistent in any way with any other provision of these Terms and Conditions, this Paragraph 23 and such other provision will be interpreted together to provide the maximum protection to Keyfetch LLC permitted under applicable law.
19. Disputes
19.1 You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, CoverBack’s advertising or any related transaction between You and CoverBack shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America.
19.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach thereof will be finally resolved by arbitration exclusively (i) administered by the International Center for Dispute Resolution (the “ICDR”) and (ii) under the Commercial Arbitration Rules of the ICDR, (the “ICDR Rules”). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be one unless the parties to a particular dispute subsequently agree in writing that three arbitrators shall be appointed to resolve such particular dispute. The arbitrators shall be appointed exclusively in accordance with the ICDR Rules and this Agreement. If the parties mutually agree to appoint three arbitrators, then each party shall nominate an arbitrator and the two arbitrators nominated by the parties to the arbitration in accordance with the ICDR Rules shall agree on a third neutral arbitrator, who shall serve as chairman of the arbitral tribunal. If the arbitrators fail to agree on a third arbitrator within fifteen (15) business days, the third arbitrator shall be appointed by the ICDR. The place of arbitration shall be Miami, Florida USA. The arbitration proceedings shall be conducted in English. Any award of the arbitral tribunal shall be final and binding on the parties to the arbitration and judgment thereon may be entered in any court of competent jurisdiction, and application may be made to any court of competent jurisdiction for injunctive or other relief in aid of such arbitration and for judicial recognition of the award and an order of enforcement. The Parties hereby waive any right to appeal from any award to the extent allowed by applicable law and agree that UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is applicable to the enforcement of any award. The parties further waive, to the extent permitted under applicable law, any right that they may have under any law applicable to this agreement or any party hereto to object to arbitration hereunder on the basis that such an agreement was not entered into after a dispute had arisen. The parties further agree that arbitration under this paragraph shall be the exclusive method for resolving the disputes covered hereby, and no party to these Terms and Conditions will commence any action or proceeding in any court with respect to any such dispute except (i) to enforce this paragraph; (ii) to obtain provisional judicial assistance in aid of arbitration under this paragraph; (iii) to obtain injunctive relief (either permanent or temporary) in aid of any of the provisions of this agreement; or (iv) to enforce an arbitral award made in accordance with this paragraph. Except as may be required by law, neither a party nor any arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
20. Termination
20.1 CoverBack may change or discontinue the availability of the Website and/or the Services at any time with a 180 day-notice to its Registered Users.
20.2 CoverBack reserves the right to terminate these Terms and Conditions, without prior notice, in the event that You violate any of the Terms and Conditions set forth herein (without prejudice to our accumulated rights against You) or violate any law in connection with Your use of the Website or the Services. In the event of any termination, You will immediately cease use of the Website and Your Services will immediately terminate.
21. General
21.1 These Terms and Conditions are agreed between You, CoverBack and Keyfetch LLC. No person shall have any rights under or connection with these Terms and Conditions, including under the Contracts (Rights of Third Parties) Act 1999 or any similar law or regulation in any applicable jurisdiction, to the maximum extent permitted by any applicable law.
21.2 If any arbitrator, arbitration panel, tribunal or court or competent authority decides that any term of these Terms and Conditions invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law. To the extent permitted by applicable law, the parties agree that such arbitrator, arbitration panel, tribunal or court may revise such severed term to comply with the intent of the parties under this agreement and may enforce such term as revised.
21.3 Keyfetch LLC reserves the right to charge interest on any late payments at the rate of 7% per annum above Libor or the maximum rate permitted by applicable law, whichever is less. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
21.4 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
21.5 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.
21.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms and Conditions without our prior express written consent.
21.7 These Terms and Conditions set forth the entire understanding and agreement between You, CoverBack and Keyfetch LLC with respect to the subject matter hereof.
