SUBSCRIBER AGREEMENT AND
TERMS AND CONDITIONS of Service
1. DEFINITIONS. In this Agreement the following definitions apply:
(1) “we,” “us,” “our,” “SafeLink GPS” and “SLGPS" mean SafeLinkGPS. and its
(2) “you,” “your,” “customer,” and “user” mean an account holder or user with us;
(3) “Command” means any request sent to your device from your cellular phone.
(4) “Device” means any device, accessory or other product we sell to you or that is
active on your account with us;
(5) “Service” means our offers, rate plans, options, or Devices on your account with
(6) “Services” means our offers, plans, options, or Devices on account with us.
2. THE SUBSCRIPTION AGREEMENT. This Subscriber Agreement
(“Agreement”) is a contract under which we agree to provide and you agree to accept our Services. In addition to these Terms and Conditions of Service (“Ts&Cs”), there may be other Agreements including, but not limited to, the detailed plan or other information on
Services we provide or refer you to during the sales transaction, any confirmation materials we may provide you, and the Agreement you have with your cell phone provider. It is important that you carefully read ALL terms of this Agreement and any other Agreement you sign or accept.
3. Services Covered By These Ts&Cs & Additional Terms. These Ts&Cs apply to
our Services Plans and any other Service we offer you that references these Ts&Cs. Additional Terms and Conditions may be applicable in the event you added services beyond our Services Plans. Also, a different dispute resolution provision will likely apply
for services provided by another company, like your carrier provider, although the dispute resolution provisions in this Agreement still apply to our Services. You will be provided details on any additional terms with your selection of any of our bundled Service.
5. When You Accept The Agreement. You must have the legal capacity to accept the Agreement. You accept the Agreement when you do any of the following: (a) sign a contract with us on paper or electronically; (b) accept Agreement through an oral or electronic statement; (c) attempt to or in any way use the Services; (d) pay for the Services; or (e) open any package or start any program that says you are accepting the Agreement when doing so. If you don't want to accept the Agreement, don't do any of these things.
6. Our Right To Change The Agreement & Your Related Rights. We may change
any part of the Agreement at any time including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of changes that may impact you in a manner consistent with this Agreement (see “Providing Notice Under This Agreement” paragraph). If a change we make to the Agreement is material and has a material adverse affect on you, you may terminate each line of Service.
7. Our Right To Suspend Or Terminate Services. We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) late payment; (b) exceeding an Account Usage Limit (“AUL”); (c) harassing/threatening our employees or agents; (d) providing false information; (e) interfering with our operations; (f) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement or applicable state or federal laws; (g) breaching the Agreement, including our Policies; (h) providing false, inaccurate, dated or unverifiable identification or credit information, or becoming insolvent or bankrupt; (i) modifying a Device from its manufacturer specifications; or (j) if we believe the action protects our interests, any customer's interests or our network.
8. Your Right To Terminate Services. You can terminate Services at any time by deactivating services directly from online application, or calling us and requesting that we deactivate all Services. You are responsible for all charges billed or incurred prior to deactivation. If Services are terminated before the end of your invoicing cycle, we will not prorate charges to the date of termination and you will not receive a credit or refund for any unused Services.
9. Credit Checks & Credit Information. We agree to provide you Services on the condition you have and maintain satisfactory credit according to our standards and policies. You agree to provide information we may request or complete any applications we may provide you to facilitate our review. We rely on the credit information you furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide you Services. The Services we offer you can vary based on your credit history. We may at any time, based on your credit history, withdraw or change Services, or place limits or conditions on the use of our Services. You agree to provide us updated credit information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.
10. Account Usage Limits (“AUL”). An AUL is a temporary or permanent limit (typically based on credit history, payment history, or to prevent fraud or criminal activity) we place on the amount of unpaid charges you can accumulate on your account, regardless of when payment on those charges is due. We reserve the right to determine which charges count towards an AUL. If you have an AUL, we may suspend your Services without prior notice if your account balance reaches the AUL, even if your account is not past due. We may impose or increase an AUL at any time with notice. An AUL is for our benefit only and should not be relied on by you to manage usage.
11. Restrictions On Using Services. You may not use our Services: (a) to transmit content/messages that are, or in any manner that is, illegal, unlawful, fraudulent, threatening, abusive, defamatory, or obscene; (b) in a way that could cause damage or adversely affect our customers, reputation, network, property or Services; (c) to communicate any unsolicited message; (d) to infringe on the copyright of another, or upload or transmit any virus, worm, or malicious code; or (e) in any way prohibited by the terms of our Services, the Agreement or our Policies.
12. Your Device Number. Your Device is designed exclusively for use on our network and in other coverage areas we make available to you. Except for any legal right you may have to port/transfer your Device number to another carrier, you have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any Device Number we assign to you, your Device, or your account. We will notify you if we decide to change or reassign your Device Number.
13. Warranty. Subject to the exclusions contained below, SLGPS warrants its SafeLink GPS (“Device”), and/or certified accessories sold for use with the Device (“Accessories”) to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer's exclusive remedy, and applies as follows only to new Devices and/or new Accessories purchased by consumers in the Canada or United States.
a. Terms. All Devices and Accessories shall be covered under this warranty for a period of one (1) year from the date of purchase regardless of when the Device or Accessory is actually received.
b. Exclusions. The following are excluded from coverage under this warranty.
i. Normal Wear and Tear. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage.
ii. Ornamental Decorations. Ornamental decorations such as emblems, graphics, rhinestones, jewels, gemstones and their settings, and other decorative elements, are excluded from coverage.
iii. Batteries. Only batteries whose fully charged capacity falls below 80% of their rated capacity and batteries that leak are covered by this limited warranty.
iv. Abuse & Misuse. Defects or damage that result from: (a) improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks, scratches, etc.) to the surface of the product resulting from misuse; (b) contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; (c) use of the Products or Accessories for commercial purposes or subjecting the Product or Accessory to abnormal usage or conditions; or (d) other acts which are not the fault of Amber Alert GPS, are excluded from coverage.
v. Unauthorized Service or Modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way by someone other than Amber Alert GPS, or its authorized service centers, are excluded from coverage.
vi. Altered Products. Products or Accessories with (a) serial numbers or date tags that have been removed, altered or obliterated; (b) broken seals or that show evidence of tampering; (c) mismatched board serial numbers; or (d) nonconforming or non-SafeLink GPS housings, antennas, or parts, are excluded from coverage.
vii. Communication Services. Defects, damages, or the failure of Products, Accessories or Software due to any communication service or signal you may subscribe to or use with the Products, Accessories or Software is excluded from coverage.
c. Transferability. This warranty extends only to the first consumer purchaser,
and is not transferable.
d. Actions. SafeLink GPS, at its option, will at no charge repair, replace or refund the purchase price of any Products, Accessories or Software that does not conform to this warranty. We may use functionally equivalent reconditioned/refurbished/pre-owned or new Products, Accessories or parts. No data, software or applications added to your Product, Accessory or Software, including but not limited to personal contacts, games and ringer tones, will be reinstalled. To avoid losing such data, software and applications please create a back up prior to requesting service.
e. How to obtain warranty service. To obtain service, please call 613-482-8984
Additionally, To obtain service, you must include: (a) a copy of your receipt, bill of sale or other comparable proof of purchase; (b) a written description of the problem; and, most importantly; (c) your address and telephone number.
e. Additional Limitations. ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY, OTHERWISE THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL SAFELINK GPS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
Some provinces and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another.
14. Coverage; Where Your Device Will Work. Services that rely on location information, such as GPS, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within our control including weather, topographical changes, the functionality of various satellites, cell towers, clouds, and other factors. You understand and expressly limit and agree to hold harmless any and all harms that result from the Device not working, malfunctioning, or failing except as specifically provided herein.
15. Our Service and Device are not substitutes for Child/Senior Care. Our Service and Devices are not substitutes for responsible child/senior care and should not be used as such. You agree to utilize all your best efforts to care for and tend to the children or dependents in your control. You may not utilize our service or device as a substitute for child care. Our Device and Services may not function and is thus an ineffective substitute for adequate child care.
16. Activation & Miscellaneous Charges. Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. Certain transactions may also be subject to a charge (for example, convenience payment, changing phone numbers, handset upgrades, etc.). You will be provided notice of these types of fees before we complete the requested transaction.
17. Account & Service Charges; Pro-rating. You are responsible for all charges associated with your account and the Services on your account, no matter who uses the Services or whether the Services were used. Charges include, but are not limited to, the monthly recurring charges, usage charges, taxes, surcharges and fees associated with your Services. These charges are described or referred to during the sales transaction, in our marketing materials, and in confirmation materials we may send to you.
18. Your Bill. Your bill provides you notice of your charges. It reflects monthly recurring charges (usually billed one bill cycle in advance) and usage/transaction specific charges (usually billed in the bill cycle in which they're incurred). Your bill may also include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.). Your bill will only be available via the internet. You are responsible for providing a valid email address for communication. You agree to assume all responsibility, including payment of any additional fees or limitations incurred as a result of your email malfunctioning or not receiving our communication.
19. Your Payments; Late Fees; Overages. Payment is due in full as stated on your bill. If we do not receive payment in full by the date specified on your bill, a late payment charge, which may be charged at the highest rate permissible by law, may be applied to the total unpaid balance. We may also charge you any costs, including attorney’s fees, we pay to a collection agency to collect unpaid balances from you. You may be charged additional fees for certain methods of payment. We may charge you, up to the highest amount permitted by law, for returned checks or other payments paid by you and denied for any reason by a financial institution. Acceptance of payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. We may restrict your payment methods to cashier's check, money order, or any other reasonable method at any time at our sole discretion. In the instance that you exceed any limits that are allotted by your Agreement, you will be charged at a rate based on our price list at the time of overage occurred.
20. Taxes & Government Fees. You agree to pay all federal, provincial and local taxes, fees and other assessments that we're required by law to collect on the Services we provide you and remit to the government. These charges may change from time to time without advance notice. If you're claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won't be applied retroactively.
21. Surcharges. You agree to pay the surcharges, fees and other charges that we assess to recoup our government costs or costs of complying with certain government programs (“Surcharges”). Surcharges aren't taxes or government mandated charges; they're charges we choose to collect from you. Surcharges are subject to change, sometimes on a monthly or quarterly basis. Examples of Surcharges include, but are not limited to: Universal Service Fund, Federal Programs Cost Recovery, Federal Wireless Number Pooling and Portability, and gross receipts charges. We will make efforts to provide you notice of any changes to Surcharges in a manner consistent with this Agreement (see “Providing Notice Under This Agreement” paragraph). However, since most Surcharges are based on amounts set by the government or based on government formulas, it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges. Information on Surcharges is provided during the sales transaction and is available at our website.
22. Disputing Charges - You Must Still Pay Undisputed Charges. Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made by calling or writing us as directed on your invoice or elsewhere. You accept all charges not properly disputed within the above time period – undisputed charges must still be paid as stated on your bill.
23. Your Service. Your service shall be as follows depending on which device you have selected. These plans include the following:
a. Locate Me Plan
· Manual Tracking only (at 1 minute update interval for 30 minutes, unlimited use)
· Web Tracking
b. Follow Me Plan
· 5 Minutes Location Updating Interval (with 1 minute update boost for 30 minutes)
· Web Tracking
24. Payment Policy. You agree to make payments on or before the day of the purchase of each month in the amount set forth in your Agreement plus additional taxes, fees, or surcharges as provided for in this Ts&Cs. You hereby authorize us or are assigns or agents to charge your credit card a monthly reoccurring fee for the pendency of your contract in the full amount of the bill owing. You will receive a monthly statement detailing your bill as provided above. This bill may be sent electronically or in a hard copy via mail.
25. Assignment. SafeLink GPS may assign the rights to this contract to third parties at our sole discretion without input or consent from you.
26. International Usage. Your Device is set to operate both domestically and may also operate in U.S. However, you will be charged additional roaming fee if the Device is used in U.S. The rate on these fees shall be $10/MB air data used. Depending on the amount of time the Device is in U.S, this could be as high as $60/month on certain types of device.
27. Protecting Our Network & Service. We can take any action to: (1) protect our network, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our network and Services. Some of these actions may interrupt or prevent legitimate communications.
30. If Your Device Is Lost or Stolen. Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.).
31. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES (INCLUDING YOUR DEVICE). WE DON'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON'T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
32. You Agree We Are Not Responsible For Certain Problems. You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Device or network coverage (for example, dropped, blocked, interrupted messages, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) False messages sent while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a Device; (f) interrupted, failed, or inaccurate location information services; or (g) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts.
33. You Agree Our Liability Is Limited - No Consequential Damages. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, BODILY HARM, DEATH, EMOTIONAL DISTRESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
34. Arbitration. To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
a. the Service Agreement;
b. the Services or Equipment;
c. oral or written statements, advertisements or promotions relating to the Service Agreement, the Services or Equipment; or
d. the relationships that result from the Service Agreement.
Where applicable, arbitration will be conducted in the Province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. GPS Connect will pay all reasonable costs associated with any such arbitration.
35. No Class Actions. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
36. No Trial By Jury. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
37. Indemnification. You agree to indemnify, defend and hold us harmless from any claims arising out of your actions including, but not limited to, failing to provide appropriate notices regarding location-sensitive services (see "Location Based Services" paragraph), or violating this Agreement, any applicable law or regulation or the rights of any third party.
38. Providing Notice To Each Other Under The Agreement. Except as the Agreement specifically provides otherwise, you must provide us notice by calling or writing us as instructed on your invoice. We will provide you notice in your bill, correspondence to your last known billing address, to any fax number or e-mail address you've provided us, by calling you on your home phone or Device, by voice message on your Device or home phone, or by text message on your Device.
39. Other Important Terms. The Service Agreement is governed exclusively by the laws of the province in which your billing address is located, but if your billing address is outside of Canada, the Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province. If either of us waives or does not enforce a requirement under this Agreement in an instance, we don't waive our right to later enforce that requirement. Except as the Agreement specifically provides otherwise, if any part of the Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn't for the benefit of any third party except our corporate parents, affiliates, subsidiaries, agents, and predecessors and successors in interest. You may not assign the Agreement or any of your rights or duties under it. We may assign the Agreement. The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements – you cannot rely on any contradictory documents or statements by sales or service representatives. The rights, obligations and commitments in the Agreement that, by their nature, would logically continue beyond the termination of Services (including, but not limited to, those relating to billing, payment, dispute resolution, no class action, no jury trial), survive termination of Services.
40. Moneyback Guarantee. If you are dissatisfied with our service or product for any reason, you may request a refund of money paid to us for the SafeLink GPS device, any accessories purchased, and any applicable taxes from your initial order, within fourteen days of shipment of the device. We will not refund credit for the initial activation fee, any shipping fees, and the first month subscription service you initially ordered.
You will not be charged the early termination fee normally charged upon early cancellation IF YOU MEET ALL THE FOLLOWING CONDITIONS:
a. You must call, within 14 days of the date your device was shipped (or if purchased at a store, the date your device was purchased), 613-482-8984 between the hours of 9am-5pm EST, Monday-Friday. Your cancellation must be completed within the 14 day period after your device was shipped.
b. You remain responsible for paying any overage on usage, or roaming charges, and the service charge you paid for your first month of service.
c. Return Authorization: Before returning your device to us, you need to obtain a valid return authorization number which you can obtain when you call 613-482-8984 to cancel.
d. Wear and Tear: We receive your device in its original condition, with the UPC or bar code intact, reasonable wear and tear excluded, no later than 14 days after you cancel your service. We are not responsible if your device is lost in transit. All components, manual, charger and case must be included.
e. Shipping Costs: You pay all costs of shipping your device back to us.