Legal

In consideration for the use of our Web site at www.keytech.bm (the “Site”), you agree to the following terms and conditions of use (“Terms of Use”):

About this site and these terms


The Site is made available to you by KeyTech Limited, a company incorporated in Bermuda with its registered office located at 30 Victoria Street, Hamilton HM 12 Bermuda (“KeyTech”, “we”, “our” or “us”).

We provide the Site for information purposes only. Nothing on this Site constitutes an offer to buy or sell goods and services offered by our affiliates. Goods and services offered by our affiliates may not be available outside of Bermuda. KeyTech reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use or content, at any time, without notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Changes take effect when posted to the Site.

Copyright, Trademarks And Other Intellectual Property Rights


“Content” includes what you may see, read, hear, download or access on or from the Site in any form (including HTML and Java code). All Content is protected by copyright and/or other intellectual property laws under Bermuda and foreign laws. Certain names, words, brands or devices on the Site may be the exclusive trade marks of KeyTech in Bermuda or of their respective owners, protected at common law or registered in Bermuda or other countries. The symbols ™ and ® designate Bermudian unregistered and registered trade mark status respectively. Using the Site will not give you a license to exercise any intellectual property rights, unless expressly stated.

You may display, copy, print and download any Content from the Site for your personal, non-public and non-commercial use only, provided you do not, directly or indirectly:

  1. change or delete any copyright or proprietary notices from the Content;
  2. adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute, or otherwise use any of the Content for any commercial or public purpose;
  3. decompile, reverse engineer or create derivative works from any downloadable software;
  4. transfer the Content to another person or Web site or computer network, including any personal Web site or network; and
  5. pass off or otherwise infringe the intellectual property rights of KeyTech or others.

Except as provided above or authorised by law, you must not, directly or indirectly, adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute, or otherwise use any Content on the Site without the written consent of KeyTech or the relevant owner. You must not use any trade mark displayed on the Site without the written consent of KeyTech or the relevant owner. Parts of the Site may contain other proprietary notices and copyright information, which must be observed and complied with.

Links to our site


If you use a hypertext reference (HREF) link to our Site, you do so at your sole risk and you agree to link to our home page only and not to frame our Site. Your link to us or any comment, material or services associated with the link must not: infringe our intellectual property rights; defame or disparage us, our services or goods; diminish our goodwill; be false, misleading, obscene or unlawful; negatively affect us; or imply that we endorse your Web site, services or goods. If you wish to link our Site from your Web site, please provide us the exact URL address of the Web site page where the link is to appear, the legal name of the owner and operator of the Web site, and your name and e-mail address. We may remove the link without notice to you or require you to remove the link and reference to our Site at any time. You must not use a deep link or an image (IMG) link, or use the KeyTech logo or any of our trademarks as a “hot” link, to our home page or any other part of the Site, without entering a written linking agreement with us. For notices and queries about links, please Contact Us.

Links to third party websites


The Site may contain informational or advertising links or references to external Web sites that are owned, operated, developed and controlled by others and not by us. We do not endorse or authorize access to those external Web sites or any content, services and goods on or through them. You use those links at your own risk and are urged to review their legal and privacy notices, terms and conditions.
We will not be responsible for or liable to you for any losses or damages resulting from your use of links to or from external Web sites or from any dealings you have with such third parties.

Viruses


We cannot and do not represent or warrant that Content available for use or downloading through the Site will be free of viruses, worms, Trojan horses, or other code with contaminating or destructive properties.

You should take precautions, including scanning for viruses and having a complete and current back up of files on your computer system.

Accuracy and currency disclaimer


You use the Site, including the Content available on and from it, at your sole risk. Although we try to ensure the accuracy and currency of the Content we post on the Site, we do not represent or warrant that the Content on the Site is accurate, complete or up-to-date, or free of technical or typographical errors. KeyTech is not under any obligation, and to the fullest extent permitted by law, expressly disclaims any obligation, to update or alter any Content on the Site, whether as a result of new information, future events or otherwise.

The Content may contain forward-looking statements, which speak only as of the date they were made. Words such as “anticipate,” “estimate,” “expects,” “projects,” “intends,” “plans,” “believes,” “will” and words and terms of similar substance indicate forward-looking statements. All forward-looking statements are management’s present expectations of future events and are subject to a number of factors and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. You are cautioned not to place reliance on the Content, which is not provided as legal or accounting advice. KeyTech and its affiliates operate in highly competitive, consumer driven industries and are dependent on a variety of factors including government regulation, customer demand, technological developments, third-party relationships and protection of their intellectual property rights. KeyTech’s actual results could differ materially from management’s expectations because of changes in such factors. Any statements in the Content attributable to KeyTech, its affiliates or any person acting on their behalf are expressly qualified in their entirety by the cautionary statements referred to in this section.

NO REPRESENTATIONS OR WARRANTIES


KEYTECH DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KEYTECH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KEYTECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COURSE OF DEALING, INTEROPERABILITY, MERCHANTABILITY, SERVICE AVAILABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KEYTECH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST KEYTECH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
KeyTech reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ECONOMIC OR COMMERCIAL LOSS, LOSS OF PROFITS OR REVENUE OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, OR LOSS OF USE, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY LINKED OR REFERENCED WEB SITE, OR ANY ERRORS OR OMISSIONS OR OTHER DEFECTS IN THE CONTENT, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, EVEN IF WE KNOW OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EVERY LIMITATION OF LIABILITY AND DEFENCE WILL EXTEND TO AND FOR THE BENEFIT OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, ARISING IN RELATION TO THE SITE (INCLUDING THE CONTENT AND THESE TERMS OF USE) IS LIMITED TO FIFTY (BM$50.00) BERMUDA DOLLARS.

No Additional Warranty


Nothing on the Site shall add to or change any contract for services or goods you may have with KeyTech or its affiliates, which are subject to the terms of applicable agreements. Nothing on the Site shall be construed as a further or additional representation or warranty.

Indemnity


You agree to defend, indemnify and hold us harmless from any and all losses, claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) related to or associated with your use of the Site or someone using your Internet account’s use or your or such user’s violation of these Terms of Use.

What You Must Not Do


You must not use the Site:

  1. in a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages or to conduct activities in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1997, the Human Rights Act 1981, or the Tenth Schedule to the Companies Act 1981); or
  2. to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic Transactions Act 1999) to persons with whom or which you have no relationship (either contractual or personal) or to persons that have not otherwise consented to receive such Electronic Records.

Security Issues


Please note that communications sent over the Internet, particularly unencrypted e-mail, are subject to possible interception, loss, change or forging.
KeyTech will not be responsible for any damages you may suffer from the transmission of confidential information that you make to KeyTech or any third party, or request KeyTech or any third party to make to you through the Site. KeyTech is not responsible for any errors or changes made to, or loss or interception of, any transmitted information. Such transmission is at your own risk.

Privacy Policy


We have developed this policy as part of our commitment to protecting your privacy, while providing a valuable and personalized service. We want you to feel confident about the privacy and security of your Personal Information.

We are committed to protecting your personal privacy and subscribe to the provisions of the Standard for Electronic Transactions issued under the Electronic Transactions Act 1999 of Bermuda. This privacy policy (“Policy”) outlines the type of information that is collected by us on this Site, and how it is used and protected. This Policy also tells you what to do if you do not want Personal Information collected when visiting the Site.

“Personal Information” means personally identifiable information such as (but not limited to) your name, mailing address, telephone number, facsimile number and email address.

By using and/or visiting the Site (including all content available through the KeyTech domain name and the Site), you agree with the terms of this Policy. If you do not agree with any term in this Policy, you should not provide any Personal Information on the Site. Links to third-party web sites are not governed by our Policy.
When you provide us with Personal Information, you are authorizing us to use that information in accordance with the terms of this Policy.

Except as set out in this Policy, we will not sell or pass any Personal Information to third parties. When you supply Personal Information about yourself to us for a specified purpose, we use that information for that purpose only.

Please note that we will release your Personal Information if required to do so by law, or by search warrant, subpoena or court order or in order to fulfill our obligations to you.

Any Personal Information, such as your name or e-mail address, that you provide to us through the Site, will not be shared with third parties other than companies affiliated with us and our service providers unless you specifically authorize it or unless required by law. We may share non-personally identifiable information that we collect through the Site with third parties in order to enhance your online experience.

We may use cookies to collect non-personally identifiable information during your visit to the Site. Non-personally identifiable information that may be collected by us includes details such as which pages people view, which browsers people use when visiting the Site, how many people visit the Site and from which domains people come. None of this information is associated with you as an individual. If you do not wish to receive cookies, your browser can be set to refuse cookies or to alert you when cookies are being sent. Refusal of cookies from the Site may result in your inability to visit certain areas of the Site.

We take reasonable precautions to keep all Personal Information secure.

We reserve the right to update or remove this Policy at any time. You should check back frequently to note any recent changes to the Policy.

If you have any questions regarding these Terms of Use or this Site please Contact Us.

Access To The Site


We may, without notice, block or terminate your access to the Site or any part of it to protect it, or if required by law, or we, in our sole discretion, believe you are in breach of these Terms of Use.

Applicable Law & General Provisions


Any claim arising out of the Content or the use of the Site shall be governed by and construed in accordance with the laws of Bermuda, without giving effect to any principles of conflicts of law.

You irrevocably submit to the non-exclusive jurisdiction of the courts of Bermuda. If you use the Site from outside Bermuda, you do so at your own risk and you alone are responsible for complying with applicable laws.

Our failure to insist upon or enforce strict performance of any provision in these Terms of Use shall not be construed as a waiver of such provision or any right.

If any of the provisions of these Terms of Use or any additional terms and conditions applicable to certain parts of the site are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and KeyTech and supersede all prior agreements relating to the subject matter hereof. In the event that there is a conflict between these Terms of Use and any other terms and conditions applicable to certain parts of the Site, the terms and conditions applicable to certain parts of the Site shall prevail.

For avoidance of doubt, by accessing this Site, you agree to be bound by these Terms of Use.

If you have any questions regarding these Terms of Use or this Site please Contact Us.

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