Terms and Conditions
The Customer acknowledges that it is aware of the fact that the Wireless Protect product's battery life is up to 3 years. Wireless Protect Inc. may not be able to provide any services for products that are no longer operation, this may include, non-functional reason’s such as expired, damage and/or drained batteries.
2. THE SERVICE
Wireless Protect shall only provide a service once the following has been completed: (i) the receipt of a confirmed Police missing persons report; the Customer must provide to Wireless Protect. An active police incident report number filed with public security authorities (the ‘Police”). On confirmation of the customer police incident report that the individual/person is missing, Wireless Protect Shall use its reasonable efforts to commence a search and rescue service process and update the appropriate equipment within its service areas. The Customer further acknowledges that Wireless Protect shall not be responsible for any prejudice or damage suffered as a result of such a service. Under some circumstances, there may be a recovery fee for the service which will be disclosed with the customer and requires full approval in verbal or written format.
3. THE CUSTOMER
(a) The Customer undertakes to immediately advise both Wireless Protect and the Police of the missing person or suspected missing person, and to immediately communicate to Wireless Protect the report or file identification number provided by the Police with regard to such missing person. The Customer acknowledges that any delay in placing a Call or advising the Police of the missing person or suspected missing person reduces the likelihood of any recovery.
(b) The Customer understands that fines, penalties and other such amounts may be charged by local governments or agencies for any false alarms which summons an emergency service.
(c) The Customer understands and agrees that Wireless Protect reserves the right to unilaterally terminate this service at its discretion without notice.
(d) in order to ensure proper delivery of the Service, the Customer agrees to immediately notify Wireless Protect in writing of any change to the Information contained in the registration, including; (i) the destruction of the Wireless Protect; (ii) the removal of the Wireless Protect unit from the person/asset/pet to whom it has been registered; Should the Customer fail to inform Wireless Protect as required herein, The customer shall be responsible for any and all related failure to the service.
(e) The Customer expressly acknowledges that the equipment is offered by Wireless Protect is for the sole purpose of an aid and may assist in the recovery process. Wireless Protect makes no warranties, representations, claims, guarantees or conditions of any nature whatsoever, express or implied, including any warranty, representation, claims, guarantees or condition of fitness for a particular purpose, merchantability, title or non-infringement with respect to any of the Wireless Protect equipment, products or services. All such warranties, representations, claims, guarantees and conditions, express and implied, are, to the extent permitted by applicable law, hereby excluded. None of the Wireless Protect services are guaranteed to be error-free or uninterrupted.
4. LIMITATION OF LIABILITY
(a) The Customer understands that: (i) Wireless Protect is not an insurer and does not provide any type of insurance protection; (ii) the Service is not a replacement for personal locator beacons; and (iii); Wireless Protect does not guarantee the service.
(b) The Customer agrees to defend, indemnify and hold Wireless Protect harmless with regard to any liability incurred, including without limitation, the payment of any fines, penalties or other charges for false alarms, reasonable expenses, costs and attorneys fees.
(c) Customer acknowledges that Wireless Protect, the Authorized dealers , the Police , Wireless Protect wireless service providers are independent parties and under no circumstances will Wireless Protect be responsible for any act or omission of the Authorized Dealers, the Police or Wireless Protect wireless service providers, nor will the Authorized Dealers, the Police or Wireless Protect’s wireless service providers be responsible for any act uninterrupted or omission of Wireless Protect. Neither Wireless Protect nor its wireless service providers shall: (i) guarantee, the uninterrupted functioning of their services, products and (ii) be liable to the Customer for any damages, loss of profits, earnings or business opportunities, indirect or incidental, consequential or special damages, death and death resulting from indirect damages, personal injury death or other loss resulting from the Services, the failure to recover the individual or otherwise.
(e) Under no circumstances shall the Customer be entitled to any refund or credit due to any interruption in Wireless Protects ability to provide the Service, no matter the cause.
5. CUSTOMER DEFAULT
(a) Should the Customer fail to abide by any of the terms and conditions of this Agreement or any other agreement between the Customer and Wireless Protect, or breach same in any manner, the Customer shall be in a situation of default' hereinafter "Default".
(b) if the Customer is in Default, Wireless Protect may immediately, and without providing any notice or delay, do any or all of the following, without waiving any other remedy available at law: (i) terminate this Agreement and/or any other agreement, between the Customer and Wireless Protect; or (ii) deactivate the Equipment and cease providing the Service.
6. GENERAL CLAUSES
(a) Wireless Protect hereby reserves its right to change any of the terms and conditions of this Agreement without notice to the Customer.
(b) This Agreement shall be governed by the laws of Ontario, Canada. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Ontario, Canada and no other.
Wireless Protect SARTAg is not intended to replace direct parent and/or caregiver supervision. Wireless Protect products are currently approved by FCC and functional only in those areas of approvals.Due to the technological limitations of radio frequency, we cannot guarantee that the Wireless Protect equipment and devices will work 100% of the time. Radio frequency connections may experience downtime, interruptions or dead spots. The Wireless Protect product may also experience unexpected malfunctions or limitations; this may be due to an expired battery, unforeseen damage to internal components from excesses wear, liquid damage and usage. Wireless Protect customers and users alike agree to accept full responsibility for the use and limitations of the product and associated technologies. Customers further agree not to hold Wireless Protect Inc. liable for any or such limitations or malfunctions of Wireless Protect and Wireless Protect products and services. At the present time, Wireless Protect SARTAg is set up to function only in Ontario, Canada were service is available.