Terms and conditions

Terms and conditions

General conditions for Theilgaard Mortensen A/S applications

Date of latest version: June 5, 2017

Introduction

This document contains the general terms and conditions (“Terms and Conditions”) that govern how you (“you / your”) may use the mobile key application/s (“Application/s”) owned and controlled by Theilgaard Mortensen A/S, CVR: 21821284 , Niels Hemmingsens Gade 9, 4th floor, 1153 Copenhagen, Denmark (“TMnet”).

The Terms and Conditions constitute a binding agreement between you and TMnet and are deemed accepted by you each time you use or download the application or use any other services offered by TMnet via the Application (“Service / Services”). If you do not agree to the Terms and Conditions you are not allowed to use the Application or any of the offered services.

If you breach the Terms and Conditions, your access to and use of the Application or the Services may be suspended or terminated, at TMnet discretion and without TMnet having any liability towards you. When your right to use the Application expires, all your mobile keys are canceled.

Eligibility

By downloading and using the application/s you warrant that you are at least 18 years old, or that you otherwise have parental consent and are under parental responsibility.

Account password and Personal Code

In conjunction with the installation of the downloaded application by you, you must create a personal account. This account should be protected by your personal account password for access to the Application/s. You can also enter a personal four-digit code (PIN) to lock the Application with.

You should immediately after your creating the account password and PIN memorize these. The account password and PIN should be treated as a valuable document. You agree not to disclose your account password or PIN to anyone, and not to write it in a way that allows it to be traced to the Application. You agree to change your account password and PIN if it is suspected that an unauthorized person has become aware of them.

Information and messages

Publishers have the ability to enable a message service to issue notifications of certain commands (closing/opening the door). Such messages are sent to Key Issuer via SMS or other message function.

Costs

Download and use of the application is free, except for any user charges for mobile and internet traffic arising out of the use of the Services offered by the Application. Conditions for such traffic charges are governed by separate agreement between you and your mobile or internet provider and the charges in question may vary in the light of the said agreement and other circumstances. All and any service fees under all circumstances are borne solely by you. TMnet cannot in any circumstances be liable for payment thereof. You should, in the light of the above, be aware of and attentive to the conditions applicable to your mobile use or internet use by your use of the Application and the Services.

Customer Support

If you have questions regarding the Application, the Service or the Terms and Conditions, please feel free to contact customer service via TMnet info@tmnet.dk.

Messages

Message sent to you via email, SMS or other equivalent electronic communication function shall be deemed to have reached you by the next working day, provided that the notice has been sent to the address or mobile number that you have indicated to TMnet.

Use

You agree herewith that under no circumstances

copy, reproduce, duplicate, sell, resell, distribute or otherwise commercially use the Application, or part thereof, or service (such as, but not limited to, images, text, code and functionality) without express approval in the General Terms;

sell or attempt to sell access to the Application or Service;

provide, disclose or make available your account password and PIN to anyone, or use another user name, account password or PIN code;

apply reverse engineer, decompile, modify, or create derivative or modified works based on the Application or Service or any part thereof;

circumvent any technology used by TMnet, TMnet licensors or other third party to protect content accessible via the Application or Service;

rent or lease any portion of the Application or Service;

use the Application or Services in a manner that is contrary to the Terms and Conditions;

evade territorial restrictions applied by TMnet;

manipulate the application or service through the use of some form of automatic process;

import local files to the service, which you have not acquired legally;

You agree further to take all reasonable steps to prevent unauthorized use of the Application and its contents, or parts thereof.

TMnet reserves the right to remove or reclaim your username if TMnet, at its sole discretion, considers this appropriate. TMnet further reserves the right to terminate your account and block your access to the Application or Service if you breach the limitations above. TMnet reserves the right, at its sole discretion, make such action at any time, with or without notice to you and without any liability towards you.

Intellectual property

TMnet respects third party intellectual property rights and requires that you do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works is an infringement of the holders’ rights. Please note therefore that the Application, Service and their content belong to TMnet or TMnet licensors and is protected by intellectual property laws and that you have no right to use the Application or Services, in whole or parts thereof, in any manner not expressly permitted by the Terms and Conditions.

You have no right to infringe third party intellectual property rights in the use of the Application or Service. This means that you, for example, do not have the right to import or copy files to the Application, which you have not acquired legally. You may not use the Application or Service to transmit, publish, distribute, store or destroy material in a manner that violates the rights of others to privacy, publicity or otherwise, or in a manner that is defamatory, obscene, threatening, abusive or hateful.

You may not remove, alter or otherwise use any logo, trademark or other notice of intellectual property protection that appears on or provided through the Application or Service.

TMnet reserves the right to terminate your account and block your access to the Application or Service if you are a repeat infringer of the copyrights or other intellectual property rights of TMnet or third parties. TMnet reserves the right, at its sole discretion, make such action at any time, with or without notice to you and without any liability to you.

Personal Information

TMnet complies with applicable laws and regulations governing the protection of personal data.

In order to register the Application or provide you with a service, TMnet needs to have access to certain information about you, known as personal data. These data are comprised of such things as your e-mail address and your phone number. Your stored personal data is used only to administer the service, and for, in some cases, conducting user and market research.

TMnet does not reveal, other than for purposes that are apparent from or specifically mentioned in what is stated above, your personal information to third parties without your prior consent, except where you have requested some concrete information or service and this requires disclosure of your personal information; or when otherwise required by law.

TMnet implement procedures to ensure that TMnet internal processes meet strict safety requirements. TMnet makes every effort to ensure that third parties who work with TMnet apply the same rules as TMnet for the protection of the personal information they obtain during their collaboration with TMnet.

Disclaimer of Warranties

To the extent applicable and permitted by applicable law, TMnet leaves no warranties or pledges that the Application or Service are operating properly or that the application is free of computer viruses or other harmful mechanisms. If your use of the Application or the Service results in the need for repair or replacement of equipment or data, TMnet is not responsible for the costs thereof. Applications and Services are provided “as is” without any warranties or pledges of any kind. To the extent permitted by law, TMnet disclaims all warranties and pledges, whether expressed or implied, including the warranties of merchantability or fitness for a particular purpose and non-infringement of third party rights. TMnet does not guarantee the accuracy, reliability, completeness, or timeliness of application, service, graphics, text or links.

Disclaimer

TMnet is not responsible for damage due to Danish or foreign legislation, Danish or foreign authority, acts of war, strikes, blockades, boycotts, lockouts, or other similar circumstances. The reservation in respect of strikes, blockades, boycotts and lockouts shall apply even if TMnet itself is subject to or takes such actions.

Losses incurred in cases other than listed above shall not be borne by TMnet provided TMnet has exercised normal care.

TMnet not responsible under any circumstances for indirect damages, consequential damages, or lost profits, unless the damage was caused by TMnet’s gross negligence.

TMnet can under no circumstances be held liable for damage or loss due to loss of data, downtime, or downtime that is due to lack of functionality in the electricity or telecommunications networks or in other networks for data transfer.

Governing Law

Your use of the Application and/or Services, as well as the Terms and Conditions are governed by Danish law. Any disputes shall be referred to and settled by court.