Terms of Service
TRACtag Global Inc. Terms and Conditions
The terms and condition set forth herein (the “Terms”) apply to TRACtag Global Inc. (hereinafter referred to as “TTGI” or “we” or “us”) and to its products, website, support center, mobile apps (such as the TRACtag App) and any other services (collectively “Services”) TTGI provides.
“Coverage Areas” means the geographical areas within which the Services are available.
“Default” means when a User fails to abide by any of these Terms or any other agreement between the User and TTGI, or breaches these Terms or any other such agreement in any manner.
“Individual” means any person, whether natural or legal.
“Providers” means TTGI third-party content providers, sponsors, suppliers, and licensors.
“Range of Service” means the distance between TTGI’s tracking equipment and the TRACtag Bluetooth device on an individual’s person; typically up to 50 meters.
“Service Request” means any request or call made by the User to TTGI concerning the location of a lost or stolen item.
“Services” means TTGI’s products, website, support center, mobile apps (such as the TRACtag App) and any other services.
“Terms” means the terms and conditions set out herein.
“TRACtag App” means a mobile application that allows Users to identify assets or persons through the use of a TRACtag device.
“TRACtag device” means a Bluetooth enabled location device that can be located by using the TRACtag App.
“User” or “Users” means any person, whether natural or legal, who uses the Services, whether for themselves or on behalf of another person, including, but not limited to, caregivers and Individuals.
“Website” means any website owned and operated by TTGI containing these Terms.
Acceptance of Terms
By accessing or using the Services owned or operated by TTGI, you are accepting and agreeing to be bound by the Terms. TTGI may, at its sole discretion, modify the Terms. Please check these Terms often. In addition, these Terms may be modified only by our posting of changes to these Terms on this Website. The User understands and agrees that continued use by the User of the Services subsequent to any modifications to the Terms being posted on the Website, results on the User agreeing to become bound to the modified Terms. For clarity, each time you access this Website or any other Service, User will be deemed to have accepted any such modifications to the Terms.
If User does not agree to be bound by the Terms, the User must cease using or accessing the Services. The contents of TTGI’s Websites, including the text, graphics, images, and information obtained from TTGI third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
TTGI’s reserves the right, at its sole discretion, to discontinue all or any part of the Services, at any time and without notice.
Children under the age of 13 must not use the Services as some of the content relating to the services may not be appropriate for children. Users must be 18 years or older to purchase any product or service offered by TTGI. Children between the ages of 13 and 18 must ask for their parent’s or guardian’s permission before viewing the Website or otherwise using the Services.
User acknowledges and understands that the Services are not available everywhere and are only available in certain geographical coverage areas (the “Coverage Areas”). User also acknowledges and understands that the range of the Services within Coverage Areas are typically up to 50 meters line of sight between TTGI’s tracking equipment and the TRACtag Bluetooth device on an individual’s person (“Range of Service”). Further, User has reviewed TTGI’s Coverage Area limitations by visiting www.tractag.global or calling TTGI’s Customer Service at 1-866-800-4111 for current Coverage Area information and has determined that the Services are appropriate for the User.
The Services are designed only as an additional aid to Users and public safety personnel for locating missing Individuals and the Services cannot predict, prevent or report that an Individual has wandered away from a caregiver or responsible party and is not guaranteed to prevent any loss, injury or death. The Services do not replace a caregiver’s responsibility to provide constant supervised care and protection from an Individual wandering and for that caregiver to use additional methods to locate a missing Individual. TTGI is not responsible for any search and rescue and does not assume any duty or liability for search and rescue. TTGI cannot assure that any of the search and rescue networks within the Services will be available to search for a missing Individual. TTGI does not warrant, represent or guarantee that a missing Individual will be found as a result of participation in the Services. TTGI depends on several factors for successful locating of a missing Individual, including but not limited to, the missing Individual being within a Coverage Area when missing, being within the Range of Service, sufficient transmission of the TTGI’s equipment’s radio frequency without interference, the Individual being properly equipped with the TRACtag Bluetooth device on the Individual’s person at all times, caregiver and Individual properly maintaining the Bluetooth device in working order, and the availability of search and rescue personnel.
If Individual is missing, caregiver must immediately:
- REPORT INDIVIDUAL MISSING TO 911 OR THE APPROPRIATE PUBLIC SAFETY AGENCY IN THE AREA WHERE THE INDIVIDUAL WENT MISSING;
- NOTIFY PUBLIC SAFETY AGENCY THAT INDIVIDUAL IS WEARING A TRACtag BLUETOOTH DEVICE AND PROVIDE THE DEVICE’S IDENTIFICATION NUMBER TO USE FOR LOCATION PURPOSES; AND
- CALL TTGI 1-866-800-4111 TO REPORT THE INDIVIDUAL MISSING.
IMMEDIATE REPORTING OF A MISSING INDIVIDUAL IS CRITICAL TO SEARCH AND RESCUE OPERATIONS.
Users are responsible for ensuring that TTGI’s equipment is used and maintained in accordance with instructions provided herein and found elsewhere throughout the Services. All Bluetooth devices must be tested daily to ensure they are in good working order. In addition, batteries must be changed as needed but no less than every 2 months after placement of the batteries in the Services. User shall not permit tampering, modification or interference with TTGI’s equipment.
The Services should only be used in conjunction with the guidance and care of appropriate caregivers. Nothing stated or presented in TTGI’s Services is intended to be a substitute for any type of care, including professional care. Always seek the advice of your caregivers before using the Services.
Locating Stolen Items
In order for TTGI to use its Services to assist with locating stolen items, User must provide to TTGI a confirmation, which is acceptable to TTGI, that a Police report has been filed with a police department. TTGI will use reasonable commercial efforts to contact the User in order to obtain confirmation that the item has been stolen and that a stolen item incident report has been filed with the Police. TTGI shall, at its sole discretion, have the option but not the obligation to locate the stolen item if: (i) it is situated outside the Coverage Area; (ii) in the case where the stolen item is equipped with a TRACtag Bluetooth device, TTGI has been unable to contact the User; or (iii) it has not received confirmation that a stolen item incident report has been filed with the Police and obtained the report or file identification number provided by the Police.
TTGI has no obligation to communicate with or inform any third party, including the Police, of when an item is reported stolen by the User within the Services. Should TTGI successfully locate the stolen item, TTGI’s only obligation shall be to make a reasonable attempt to inform the Police of the location of the stolen item.
The User acknowledges that the Police may refuse or neglect to respond to TTGI’s notification or may do so in an untimely manner and the User further acknowledges that TTGI shall not be responsible for any prejudice or damage suffered by the User as a result of such an occurrence.
The User undertakes to immediately advise both TTGI and the Police of the theft or suspected theft of the stolen item, and to immediately communicate to TTGI the report or file identification number provided by the Police with regard to such theft or suspected theft. The User acknowledges that any delay in advising TTGI or in advising the Police of the theft or suspected theft of the item reduces the likelihood of successfully tracking and recovering the item.
The User understands that fines, penalties and other such amounts may be charged by local governments or agencies for any false alarm which summons an emergency service. Any Service Request which results from anything other than the theft of the item, will be considered a false alarm. If TTGI deems that a Service Request is unfounded or constitutes a false alarm, the User shall be responsible for and assume: (i) all of TTGI’s costs and expense incurred in responding to the Service Request; (ii) any applicable location fees; and (iii) any fines, penalties or other amounts charged by local governments or agencies for any false alarms or signals.
User understands and agrees that TTGI reserves the right to unilaterally terminate this Agreement at its sole discretion without any refund of any kind if the User generates an unreasonable number of unfounded Service Requests or false alarms, the whole in the sole opinion of TTGI.
User expressly acknowledges that the Services offered by TTGI for the sole purpose of locating lost or stolen items. Accordingly, TTGI is not responsible for, and the User agrees to fully indemnify TTGI against any liability, loss or damages incurred by TTGI arising from or relating to, any use of the Services by the User for any purpose other than to locate lost or stolen items including, without limitation, any use thereof which may be contrary to law, whether by violating the privacy or personal information of others or otherwise.
Subject to User’s compliance with the Terms, TTGI grants User a limited non-exclusive, non-transferable license to download and install a copy of the TRACtag App on a single mobile device that User owns or controls and to run such copy of the TRACtag App and use the Services solely for User’s own personal non-commercial purposes. TTGI reserves all rights in and to the TRACtag App and Services not expressly granted to User under these Terms. User may not: (i) copy, modify or create derivative works based on the TRACtag App or Services; (ii) distribute, transfer, sublicense, lend or rent the TRACtag App to any third party; (iii) reverse engineer, decompile or disassemble the TRACtag App; or (iv) make the functionality of the TRACtag App or Services available to multiple users through any means.
TTGI grants Users a limited license to access and make personal use of this Website and Users may not download (other than page caching) or modify it, or any portion of it, without the express written consent of TTGI. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of TTGI. Users may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TTGI without TTGI’s express written consent. Users may not use any metatags or any other hidden text utilizing TTGI name or trademarks without the express written consent of TTGI. Any unauthorized use terminates the permission or license granted by TTGI. Users are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website so long as the link does not portray TTGI, its affiliates, or the Services in a false, misleading, derogatory, or otherwise offensive manner. Users may not use any TTGI logo or other proprietary graphic or trademark as part of the link without express written permission.
Downloading Our App
When Users download the TRACtag App from the Apple App Store, Google Play or other app store or app distribution platform (an “App Store”), Users acknowledge and agree that:
(i) These Terms are concluded between the User and TTGI, and not with the App Store, and that TTGI (not the App Store) are solely responsible for the TRACTag App and Services.
(ii) The App Store has no obligation to furnish any maintenance and support services with respect to the TRACtag App or handle any warranty claims.
(iii) The App Store is not responsible for addressing any claims Users have relating to the TRACtag App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the TRACtag App fails to conform to any applicable legal or regulatory requirement.
(iv) The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against Users (as it relates to User’s license of the TRACtag App through their App Store). Users must also comply with the App Store’s terms of service when using the TRACtag App.
Creating an Account
In order to use certain features of the Services, Users must have an account with TTGI. By creating an account, Users represent that:
(a) all required information provided is truthful and accurate;
(b) Users are of legal age to agree to these Terms; and
(c) use of the Services does not violate any applicable law or regulation or these Terms.
Users are responsible for maintaining password confidentiality and for any and all use of your account. User should notify us immediately if User suspects any unauthorized use of User’s account or access to User’s password.
User may not:
(a) use the account or username of any other user;
(b) allow someone else to use User’s account or username; or
(c) sell, lend, transfer, or otherwise share Users account, temporarily or permanently, with someone else.
Should User violate these Terms, TTGI reserves the right to issue User a warning, suspend or even terminate User’s account (along with User’s ability to access and use the Services).
User acknowledges that it is aware of the fact that the products within the Services are battery operated and limited to battery life expectance due to many factors including but not limited to temperature, storage, battery type and battery material. TTGI may not be able to provide any services for products that are no longer operational, this may include but not limited to, non-functional reason’s such as expired, damage and/or drained batteries.
Police Location Service
TTGI shall only provide the location Service once the following has been completed: (i) the receipt of a confirmed Police report; the Customer must provide to TTGI an active police incident report number filed with public security authorities (the ‘Police”). On confirmation of the customer police incident report that the asset/person is stolen/missing, TTGI Shall use its reasonable efforts to commence a TRACtag identification service process and update the appropriate TRACtag software/App and/or equipment and terminals within its service areas. The Customer further acknowledges that TTGI shall not be responsible for any prejudice or damage suffered as a result of such Services.
(a) The User undertakes to immediately advise both TTGI and the Police of the stolen/missing asset/person or suspected missing person, and to immediately communicate to TTGI the report or file identification number provided by the Police with regard to such missing person. The User 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 identification.
(b) The User 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 User understands and agrees that TTGI reserves the right to unilaterally terminate this service at its discretion without notice.
(d) in order to ensure proper delivery of the Services, the User agrees to immediately notify TTGI in writing of any change to the Information contained in the registration, including; (i) the destruction of the TRACtag Bluetooth device; (ii) the removal of the TRACtag unit from the person to whom it has been registered; Should the User fail to inform TTGI as required herein, The User shall be responsible for any and all related failure to the Services.
(e) The User expressly acknowledges that the Equipment is offered by TTGI is for the sole purpose of an aid to assist in identifying the owner of the TRACtag device. TTGI 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 TTGI’s 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 TTGI’s Services are guaranteed to be error-free or uninterrupted.
Users agree not to do any of the following:
– Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
– Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
– Intercept or “sniff” the communication packets between the TRACtag device hardware and mobile devices or attempt to reverse engineer the TRACtag Bluetooth Low Energy profile or TRACtag protocol;
– Access, tamper with, or use non-public areas of the Services, TTGI’s computer systems, or the technical delivery systems of TTGI’s providers;
– Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
– Attempt to access or search the Services or content or download content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TTGI or other generally available third party web browsers;
– Submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
– Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes.
– Encourage or enable any other individual to do any of the foregoing.
(a) Should the User fail to abide by any of these Terms or any other agreement between the User and TTGI, or breach same in any manner, the User shall be in a situation of Default.
(b) if the User is in Default, TTGI 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 User and TTGI; or (ii) cease providing the Services to the User.
Unsolicited Idea Submission
TTGI and/or any of its employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when TTGI‘s products or marketing strategies might seem similar to ideas submitted to TTGI. Please do not send unsolicited ideas to TTGI or anyone at TTGI . If, despite our request that User not send TTGI ideas, User still send them, then regardless of what Users letter, fax, phone call, or e-mail says, the following terms shall apply to User’s idea submission.
User understands and agrees that: (1) Users ideas will automatically become the property of TTGI , without compensation to User, (2) TTGI can use the ideas for any purpose and in any way, even give them to others, and (3) Users waive the right to enforce any patents, trademarks or copyrights in any way related to User’s ideas. For clarity, if User provide any suggestions, ideas, feedback, or recommendations you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all suggestions, ideas, feedback, or recommendations.
Users can terminate their accounts at any time by deactivating their account or by providing notice of termination to TTGI. TTGI reserves the right to terminate or suspend User’s account or User’s access to any or all portions of the Services at any time, for any reason, including User’s violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to User in these Terms immediately cease. If User’s account or access to TTGI’s Services is terminated or suspended because User violated these Terms, User will not be entitled to any refund of any fees or payments and User will have no further right to access any of the foregoing or User’s account.
Product and/or Service Feedback
TTGI does, however, welcome User feedback regarding many areas of TTGI‘s existing business. Please provide only specific feedback on TTGI‘s existing products or marketing strategies; do not include any ideas that TTGI‘s policy will not permit it to accept or consider.
Any feedback Users provide shall be deemed to be non-confidential. TTGI shall be free to use such information on an unrestricted basis.
Content You Provide
Users are responsible for the content, such as any text, images, and other material and information, that Users upload or post on or through the Services (“Content”), and its legality, reliability, and appropriateness. Users should only upload or post Content that Users create or have the right to use and publish. By uploading or posting User’s Content User give TTGI the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use User’s Content in connection with providing TTGI’s Services. User agrees that TTGI can also make User’s Content available to other users of the Services, who may view and/or use User’s Content, subject to these Terms.
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from TTGI’s Services for any reason, including if TTGI believe, in TTGI’s sole judgment, User’s Content violates these Terms, or that TTGI believes threatens the safety of, or harms any other person, or creates liability for TTGI or any other person. TTGI reserve the right (but have no obligation) to investigate and take appropriate action, including removing User’s Content from the Services (or modifying it), suspending or terminating User’s account and/or suspending or terminating the provision of the Services to User, and/or reporting User to law enforcement authorities, if User violates any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect TTGI’s systems, service providers, partners, and other users, or to ensure the integrity and operation of TTGI’s business and systems, TTGI may access and disclose any information or content TTGI considers necessary or appropriate, including User account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and User conduct.
Limitation of Liability
(a) The User understands that: (i) TTGI is not an insurer and does not provide any type of insurance protection; (ii) the Services are not a replacement for personal locator beacons; and (iii); TTGI does not guarantee the Services.
(b) The User agrees to defend, indemnify and hold TTGI 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 attorney’s fees.
(c) The User acknowledges that TTGI, its authorized dealers, the Police, and TTGI’s wireless service providers are independent parties and under no circumstances will TTGI be responsible for any act or omission of its authorized dealers, the Police or TTGI’s wireless service providers, nor will the authorized dealers, the Police or TTGI’s wireless service providers be responsible for any act uninterrupted or omission of TTGI. Neither TTGI nor its wireless service providers shall: (i) guarantee, the uninterrupted functioning of their services, products and (ii) be liable to the User 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.
The liability of TTGI with regard to any acts or omissions relating to this Agreement, including without limitation, the delivery of the Services, shall never exceed the total amount of fees paid by the User for the Services.
The User acknowledges that TTGI will under no circumstances be responsible for any act or omission of any third parties, including, but not limited to, the Police, TTGI’s wireless service providers, or manufacturers of the TRACtag Bluetooth devices nor will third parties be responsible for any act or omission of TTGI. Neither TTGI nor its wireless service providers shall: (i) guarantee the uninterrupted functioning of the Services; and (ii) be liable to the User for any damages, loss of profits, earnings or business opportunities, indirect or incidental, consequential or special damages, personal injury, death or other loss resulting from the Services, the failure to recover a lost or stolen item or otherwise.
Under no circumstances shall the User be entitled to any refund or credit due to any interruption in TTGI’s ability to provide the Services, no matter the cause. Should TTGI be unable to provide the Services due to no fault of the User, the User’s only recourse will be to request that the Term of this Agreement be extended, at no cost to the Customer, for a period of time equal to the period during which the Service was interrupted.
Waiver of Class Action Lawsuit and/or Jury Trial
Users and their successors, heirs, estates, representatives, insurers, agents and assigns, agree that: (a) they relinquish any right to file a class action law suit as against TTGI and may only bring any claim/action or any kind as against TTGI as an individual plaintiff; and (b) Users waive and/or relinquish their right to trial by jury in any action involving the parties to this agreement, to the fullest extent permitted under applicable law.
Third Party Links
The Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under TTGI’s control, and TTGI is not responsible for their content, services, performance, operation, availability, business practices or policies. If Users access any of these Third Party Links, Users do this entirely at their own risk and any charges or obligations Users incur in their dealings with these third parties, are Users own responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
Tile Hardware Limited Warranty
TTGI warrants that TRACtag Bluetooth devices will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (“the Warranty Period”). If a defect in the TRACtag Bluetooth device arises within the Warranty Period, TTGI will, at its sole option and subject to applicable laws: (a) repair or replace it with a new or refurbished product or component; or (b) refund the original purchase price upon return of the defective product. This Warranty does not apply to (a) any products Users purchase from unauthorized resellers; (b) where the instructions for use and activation of the product are not complied with; (c) where the product is used with a jailbroken or rooted mobile device; or (d) where the product is damaged as a result of abuse, accident, modification or other causes beyond TTGI’s reasonable control.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to all Users. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
Disclaimer of Warranty for App and Services
TTGI will use reasonable efforts to correct any discovered defects in the TRACtag App or the Services. However, User’s access to and use of the TRACtag App and Services is at User’s own risk. TTGI is not responsible for the content provided by, or the conduct of, any user and User bears the entire risk of using the TRACtag App and Services and any interactions with other users. The TRACtag App and Services are provided on an “AS IS” and “AS AVAILABLE” basis and TTGI does not represent, warrant, or guarantee that the TRACtag App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APP AND THE SERVICES ARE DESIGNED SOLELY TO HELP YOU LOCATE ASSETS WITHIN A CLOSE PROXIMITY. THEY ARE NOT DESIGNED NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE TRACTAG APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to the TRACtag App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allowed by law.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, TTGI WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, TRACTAG APP OR SERVICES, EVEN IF TTGI HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, TTGI’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR USER’S USE OF THE PRODUCTS, APP OR SERVICE, IS LIMITED TO THE AMOUNT PAID BY USER FOR THE PRODUCT IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to User.
(a) TTGI hereby reserves its right to change any of the terms and conditions of these Terms 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.
TRACtag is not intended to replace direct parent and/or caregiver supervision. TRACtag may assist public safety personnel and/or aid in identifying the owner of the TRACtag device.
Due to the technological limitations of cellular towers, we cannot guarantee that the TRACtag equipment and devices will work 100% of the time. Cellular tower connections may experience downtime, interruptions or dead spots. The TRACtag™ product may also experience unexpected malfunctions or limitations; this may be due to an expired battery, unforeseen damage to internal components from excesses wear and usage. Users agree to accept full responsibility for the use and limitations of the product and associated technologies. Users further agree not to hold TTGI liable for any or such limitations or malfunctions of TTGI’s products and the Services. TRACtag is set up to function only were cellular data service is available.
User agrees to defend, indemnify, and hold TTGI harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, User’s violation of these Terms.
In any action against TTGI arising from the use of the Services, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
When User visit TTGI’s Websites or fills out any online forms, you are communicating with TTGI electronically. Users consent to receive communications (including legal notices) from TTGI electronically. TTGI will communicate with User by email, phone, text messages, mail or by posting notices on the Website. Users agree that all agreements, notices, disclosures and other communications that TTGI provides to User electronically satisfy any legal requirement that such communications be in writing. TTGI may also deliver communications to User electronically. In addition, TTGI may deliver communications (including legal notices) to User at the street address User provided. Finally, TTGI may deliver communications to User by any means set forth in any other TTGI policy or notice published on the Website.
Contests, Sweepstakes and Promotions
If any of these Terms, or any part of any of these Terms, shall be deemed invalid, void, or for any reason unenforceable, that term, or that part of the term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms. These Terms are the entire agreement between Users and TTGI relating to the subject matter herein. TTGI may assign its rights and obligations under these Terms. These Terms will inure to the benefit of TTGI’s successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
If you have any questions about these Terms, please contact us at; 92 Caplan Avenue, Suite 309, Barrie, Ontario, L4N 9J2, Canada, Toll free 1-866-800-4111, email contactus@TRACtag.global