Last Revised: August 2016
Eligibility; License; Restrictions on Use
dorma+kaba grants you a limited, personal, non-
In order to create users under your account, you will have to complete a registration process for such user(s) (if you have site administrator permissions) or contact your site administrator and provide them with the information necessary for them to complete the registration process for such user(s) on your behalf. You agree to provide true, accurate, current, and complete information about your users as prompted by the applicable registration form or your site administrator, and you are responsible for keeping such information up to date. You are solely and fully responsible for maintaining the confidentiality of your account information, including without limitation, for ensuring that the user names and passwords of your users are kept secret and secure, and you agree to take all necessary precautions to protect your user names and passwords and to prevent any and all non-
You represent and warrant that you have obtained all required consents for, and have provided all appropriate notices in connection with, dorma+kaba’s collection and processing of personally identifiable information on your behalf through the Services (including, without limitation, the processing and storage of such personally identifiable information outside of the country in which the person is resident).
Further, You agree not to:
use automated means to access the dorma+kaba Website Property, or gain unauthorized access to the dorma+kaba Website Property or to any account or computer system connected to the dorma+kaba Website Property;
obtain, or attempt to obtain, access to data, areas of the dorma+kaba Website Property or our systems that are not intended for access by you or log into a server or account which you are not authorized to access;
attempt to probe, scan or test the vulnerability of our systems or networks or to breach security or authentication measures;
“flood” the dorma+kaba Website Property with requests or otherwise overburden, disrupt, or harm the dorma+kaba Website Property or our systems;
restrict or inhibit other users from accessing or using the dorma+kaba Website Property including, without limitation, via means of submitting a virus to this Website or overloading, "flooding," "spamming," "mailbombing" or "crashing" this Website;
send unsolicited e-
modify or delete any copyright, trademark, or other proprietary rights notices that appear on this Website or in its content; or
access or use the dorma+kaba Website Property for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
If you are aware of, or experience any content, activity or communication through or in connection with the Website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us by contacting us as set forth under “Notice” below.
Trademarks and Copyright; Ownership
Kaba, eCode, dorma+kaba, Oracode Kaba Ilco and related words and logos, as well as the names of other products or services of dorma+kaba, are trade names, trademarks or registered trademarks of dorma+kaba or under license to dorma+kaba. The names of other companies, products or services referred to in this Website are the trademarks of their respective owners. Any unauthorized use of any of these trade names or trade-
The Services and all content provided on this Website are protected by law, including U.S. and Canadian copyright law, intellectual property laws and international treaties.
The only information from this Website or generated via the Services that you may e-
You are solely responsible for getting all third party consents necessary under applicable law in order to send such e-
If you send dorma+kaba an email, you agree that we may (at our sole discretion) respond to you by e-
Change and Suspension
dorma+kaba reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any content) at any time. You agree that dorma+kaba will not be liable to you or to any third party for any such change, suspension, or discontinuance.
DISCLAIMER, LIMITATION OF LIABILITY AND EXCLUSION OF CONSEQUENTIAL DAMAGES
OBLIGATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE DORMA+KABA WEBSITE PROPERTY OR ANY PART THEREOF, AND ANY USE OR ACCESS THEREOF. WITHOUT LIMITING THE FOREGOING, DORMA+KABA AND ITS SUPPLIERS DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, OBLIGATIONS OR CONDITIONS REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE DORMA+KABA WEBSITE PROPERTY OR THAT THE DORMA+KABA WEBSITE PROPERTY WILL BE UNINTERRUPTED OR ERROR FREE, AS WELL AS THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
DORMA+KABA AND ITS AFFILIATED AND RELATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE DORMA+KABA WEBSITE PROPERTY, INCLUDING BUT NOT LIMITED TO (I) DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE DORMA+KABA WEBSITE PROPERTY; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE DORMA+KABA WEBSITE PROPERTY; (III) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; AND/OR (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; IN EACH CASE, WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, OR ANY OTHER LEGAL THEORY, AND EVEN IF DORMA+KABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE DORMA+KABA WEBSITE PROPERTY WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF DORMA+KABA SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
Third Party Links
No Linking to this Website
You may not link any other website to this Website and you may not frame this Website on any other website. You
agree to cooperate with us in causing any unauthorized framing or linking caused by you immediately to cease.
You agree to defend, indemnify and hold dorma+kaba, its affiliates and its and their respective officers, directors, agents and employees, harmless from and against any and all claims, actions, suits, proceedings, judgments, costs, expenses, damages and losses (collectively, “Claims”) (except those due to dorma+kaba’s own gross negligence or intentional misconduct) arising out of:
your infringement of any intellectual property rights;
your use of the dorma+kaba Website Property or any part thereof;
We reserve the right, at our own expense, to assume the exclusive defense and control of any Claim subject to indemnification by you, and in such event you agree to cooperate with us in defending such action.
Termination of Use
Entire Agreement and Severability
All notices to and correspondence with dorma+kaba should be directed to:
Kaba Ilco Inc.
Attn: Oracode Sales Department
7301 Decarie Boulevard
Montreal, Canada H4P 2G7
No Class Actions; Limitation on Time to File Claims
Waiver of Jury Trial
YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR
that right or remedy.
For Quebec Residents
only in English.
Les parties déclarent par les présentes qu’ils exigent que cette convention de conditions d’utilisation et tous les
documents y afférents, soient rédigés en langue anglaise seulement.
Effective Date: August, 2016
Registration is not mandatory to access the public areas of the Sites. Registration is, however, required for access to certain areas of the Sites and the products and services provided through those areas of the Sites. The areas of the Sites requiring registration are noted on each Site.
Users who register to obtain an account on a Site will need to provide a username and password for purposes of accessing the account and the portions of that Site available to account holders. A username and password on one of the Sites may not be valid on all Sites and separate registrations for each Site may be required. When accessing the portions of that Site available to account holders, users may be required to provide their username and password.
dorma+kaba is not responsible for any loss or misuse of your username and password. ALWAYS REMEMBER THAT IN ORDER TO PROTECT YOUR PRIVACY YOU SHOULD NOT SHARE YOUR USERNAME OR PASSWORD WITH OTHERS.
Personally Identifiable Information
We may automatically collect personally identifiable information from you when you access the Sites. We may also collect personally identifiable information from you through voluntary sources on the Sites, such as inquiries, registrations, comments, emails, postings, messages, or other electronic submissions and communications sent by you to dorma+kaba or the Sites. The personally identifiable information we may collect from you will include, by way of example:
Contact information (including, name and phone number)
Username and password information
The personally identifiable information that dorma+kaba collects from users of the Sites (both registered and unregistered) may be used for a variety of purposes, for example to provide the services and products offered through the Site to users of that Site, to verify a user’s identity when the user’s username or password is forgotten, to customize content displayed on the Site and/or the layout of the Site for each different type of user of the Site, to notify users of the Site about updates to and activities on the Site and about goods and services that we feel may be of interest to you, to improve the content of the Site, to analyze data and patterns regarding usage of the Site, to contact users of the Site for marketing purposes, and to contact users of the Site for information verification purposes.
Disclosure as Required by Law
Though we make every reasonable effort to preserve user privacy, we may need to disclose personally identifiable information of certain users of any Site when we have a reasonable and good-
In this situation we will use reasonable efforts to provide notice of this disclosure to all affected users, to the extent reasonably possible under the circumstances.
On occasion it is necessary to send out service related announcements. For instance, if our Sites or any of the services offered through the Sites are temporarily suspended for maintenance we might send users an email. Generally, users may not opt-
The Sites are not directed to children under 13 years of age, and dorma+kaba does not knowingly solicit or collect personal information from children under 13 years of age. If we learn that we have collected personal information from a child under 13, we will immediately delete such information from our systems.
Our servers may automatically recognize each visitor’s Internet Protocol addresses. We may also collect information about how visitors use the Sites (for example what pages are viewed and products and services are purchased). This information allows us to improve the content of the Sites and facilitate market research. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities remains at all times in anonymous and non-
Cookies, Pixels and Web Beacons
A cookie does not collect or keep your name or other personally identifying information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on our Sites.
Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
Other Web Sites
Certain websites of dorma+kaba’s affiliates, promotional partners, advertisers, sponsors, and other third-
Consent to the Use of Third Party Providers
Users Outside of Canada
If you are located outside of Canada, please note that the Sites are hosted on computer servers located, and your personally identifiable information may be processed, in Canada. As a result, Canadian federal, territorial and provincial governments, courts or law enforcement or regulatory agencies may be able to obtain access to your information through applicable Canadian laws. Your use of a Site or your submission of any personally identifiable information to us will constitute your express consent to the transfer and processing of your personally identifiable information outside of your home country, including Canada, which may have very different data protection and privacy rules and regulations than in your home country.
Notification of Changes
We use reasonable technical and organizational measures to protect the information under our control against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access. While there is no such thing as "perfect security" on the Internet, we will take all reasonable steps to protect your personal information. For example, our policy is that only those individuals who need your personally identifiable information to perform a specific job are granted access to that personally identifiable information. Likewise, all employees and contractors are kept up-
Transfer of Information
If dorma+kaba elects, in its reasonable discretion, to transfer ownership or control of the Sites to a third party, whether or not in the context of an acquisition of dorma+kaba or a merger of dorma+kaba with a third party, you consent to the transfer of your personally identifiable information and non-
Notices to California Residents
California Business & Professions Code Section 22575(b)(as amended effective January 1, 2014) provides that California residents are entitled to know how dorma+kaba responds to “Do Not Track” browser settings. dorma+kaba does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.