CHILDTRAC ONLINE PURCHASE TERMS AND CONDITIONS

Entire Agreement

Other than as specifically provided in any separate formal purchase agreement between you and CHILDTRAC Canada Inc. (“CHILDTRAC”), these terms and conditions (this "Agreement") apply to all of your online purchases from the website at www.childtrac.ca (the "Site") and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for product(s), which is subject to additional or altered terms and conditions, will be null and void, unless otherwise agreed to in a written agreement signed by both you and CHILDTRAC Canada Inc..

Acceptance

By purchasing products and/or services from the Site, you agree to be bound by and accept this Agreement. Orders are not binding upon CHILDTRAC until accepted by CHILDTRAC. We reserve the right to refuse service to anyone. CHILDTRAC will indicate its acceptance of an order by acknowledging your order by reply email or by shipping the ordered items to you.

Pricing

Because prices, product descriptions, and availability can change quickly, CHILDTRAC does not guarantee the accuracy or completeness of the information provided on the Site.

Payment Terms

Payment for internet orders may be made using the following methods: VISA, MasterCard, American Express, Discover, and PayPal. Cash is not a payment option that we accept at this time.

Limited Quantities

Items may be limited to stock on hand and are offered on a first come, first served basis.

Shipping Charges

Separate charges for shipping and handling will be shown on your order form. For items in stock, they will be shipped within 2-7 business days. Items not in stock may require 2 to 4 weeks for delivery. As a security precaution, initial orders and orders shipping to alternate addresses may be held for extended verification. We reserve the right to make partial shipments, which will not relieve you of your obligation to pay for the remaining deliveries.
All items purchased from CHILDTRAC are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Taxes

If required by law, you will be charged for applicable sales tax on your purchase. A separate charge for these taxes will be shown on the invoice. For example, Ontario 13% HST.
For shipments outside of Canada, no tax is applicable, however, duty charges may apply.
You agree to protect the confidentiality of the Confidential Information and in all circumstances using nothing less than a reasonable standard of care.
You shall not copy, reproduce or export Confidential Information of CHILDTRAC Canada Inc. without its prior written consent.

30 Day Satisfaction Guarantee

If for any reason you're not completely satisfied with your purchase, simply send us an email explaining why and we will provide a RMA number to return the units it in its original condition within 30 days of the online purchase shipment date and we will proceed with the refund. You will need to pay for the shipping cost and return all items including the original packaging complete with all components and owner's manual and show no signs of wear or abuse; otherwise, the return will either be refused or subject to a 15% restocking fee. The refund will be made via the same way it was paid. Refunds are made for product value only, excluding shipping, first subscription and handling charges.

Returns must be shipped to: CHILDTRAC Canada Inc provision center Laxson GPS 1400 Marie-Victorin suite 116, St-Bruno, Quebec, Canada, J3V 6B9.

Limitation of Liability

PURCHASE & COMMUNICATION SERVICES AGREEMENT This Agreement is entered into by and between (ChildTrac) (the “ Provider”) and: Below (the “ Customer”) Any Equipment that requires delivery will be carried out by the provider by ground transportation and delivered to the Customer’s address entered. A tracking number will be sent, once shipped.

TERMS AND CONDITIONS

Payment.The payment of the monthly communication service will automatically replenish each month by the payment method agreed. If the payment is declined, and the Customer does not communicate with the Provider for an alternative mean of payment, the Provider may terminate any Service upon 15 days’ written notice to the Customer. Any failure by the Customer to pay when due the payments or other charges provided by this Agreement or breach of this Agreement. If the Customer does not make repayments in a timely fashion, the Provider may cancel any Service upon 15 days’ written notice to the Customer.

Condition of Equipment. The Customer shall maintain the Equipment in good working order. If components of the Equipment are battery operated, the Customer will have to recharge the unit according to the Provider’s recommendations. The Customer accepts the full and entire responsibility for frequently verifying the operating condition of the Equipment.

Acknowledgement of Protection. The Customer is advised to follow recommendations of the Provider who shall use the Equipment so as to ensure its proper operation and prevent false alarms. The Customer acknowledges that he/she has chosen a type of communication purpose (Basic plan or Regular plan) and acknowledges having received the Equipment described in this Agreement.

Sims and Equipment: Customer must purchase SIMs from the Provider for obtaining Service on their Carrier’s data network. Customer is only authorized to use SIMs purchased under this Provider’s Service Agreement by properly inserting the SIMs into Approved Equipment for use on our Carrier’s Facilities. Any equipment connected to another communication service will cancel the operation of the equipment and by extension, end all the responsibilities of the Supplier.

No Modification of Equipment. The Customer shall ensure that the Equipment is well maintained and allow the Equipment to adequately operate and shall advise the Provider by calling or in writing of any changes to the configuration. The Customer undertakes to not modify or replace the SIM card or any component thereof nor connect or have any other equipment connected to the equipment so as not to impede the correct operation of the Equipment. The Customer undertakes to preserve the identification plates and any other markings on any Equipment. If the Customer moves, he/she remains entirely responsible for the equipment and for his contractual commitment. The Customer is responsible for informing the Provider of his/her move by email or telephone in order for the Provider to modify the information in it’s database and supply adequate service in the new country (if applicable).

Product Warranty: The Equipment has a replacement warranty of 1 year from the date of purchase. The warranty does not cover equipment defects resulting from (a) fire, lightning, vandalism, underwater usage or a flood, negligence of the Customer, Force Majeure, (b) abuse by the Customer, modifications to the Equipment which are contrary to standards or the Provider’s recommendations; (c) defects caused by paint or materials used on coatings of external surfaces of the Equipment; (d) interruption of the electrical supply to the Equipment; (e) defects resulting from alterations to the Equipment by persons not authorized by the Provider and (f) if the Customer drops the device on the floor or in the water or in another liquid.

Service Plans. Customer shall be liable for payment of the selected monthly Service Charges plan: Usage Charges. Data usage charges will apply for data transmissions, text messages, alerts and any other information sent through the Carrier’s Facilities and associated with the Equipment. All exceeding minutes will be charge at: Voice $ 0.35/minutes, $0.15 per text alerts, 0.90/MB. Our offered plans are ideal for the Equipment’s regular use and is ample for its Emergency communications. If a customer exceeds the plan more than 2 months in a row, we will recommend a custom made plan based on the requirements needed.

Dropped Transmissions. Data transmissions may be involuntarily interrupted (“dropped”) for a variety of reasons beyond the control of Carrier.
Roaming: Roaming charges apply when Equipment is used outside of the geographical coverage area of the home network, by means of using a visited network. Billing of roaming charges and minutes of use or Services may be applied against included minutes or Services in a subsequent billing cycle, which may cause Customer to exceed your allocated minutes or Services in a particular billing cycle. Domestic and International roaming charges will be applied in addition to any usage plan charges. The customer is responsible to notify in writing the Supplier when leaving the country (or area) so that it obtains adequate coverage. If he does not, he will be responsible for all roaming charges.

Automatic Renewal. Any Service supplied pursuant to this Agreement will be automatically renewed at its expiration on a month to month basis. The Customer can prevent the automatic renewal by delivering to the Provider a written notice at least 30 days prior to the renewal date or, if automatically renewed on a month to month basis, the end of the month on which the Customer wishes the service to terminate. However, the Customer must pay for any Service to the end of the month in which same is terminated.
Password-Protected Web Access; User IDs and Passwords. The right granted to Users shall be provided by means of password-protected access. The provider will grant to the Customer a user account client privileges to the Web Portal GloboTrac, allowing users the right to have access to the Equipment user’s profile.

Liability of Customer. The Customer shall be liable for any loss of or any damage to the Equipment, for any reason whatsoever including Force Majeure. The Provider shall execute its obligations hereunder with diligence and to the best of its ability, but will not be liable for any damage, whatever its cause or nature, except for deliberate acts by or gross negligence of the Provider or its representatives. Any Equipment deficiency or error as to delivery of the Equipment must be reported in writing to the Provider within 48 hours of the observation of same, failing which the Customer shall be considered to be satisfied with the Equipment, its delivery.

Personal Information. The Customer confirms that the information he/she is providing to the Provider is true and complete and shall notify the Provider without delay of any change to his/her personal information. Personal information includes all data relating to the Customer in his/her application form or subsequently disclosed by him/her or third parties with his/her consent (or when authorized by law). For the purposes of monitoring, setting up, and administering his/her services (including, invoicing, collection and to provide the Customer with information on new services or equipment), the Customer agrees to the collection, use, disclosing and transferring of his/her personal information by and between Provider, its affiliates, its subsidiaries and their respective successor corporations, or any subcontractor or assignee of this Agreement. The file containing information related to the administration of the Customer’s services will be kept by Provider and will only be available to the personnel at the Provider of this Agreement and their authorized employees, who need to access the information in the administration and operation of his/her services or to inform the Customer of new equipment or services, unless otherwise authorized by law. The information related to the administration of the Customer’s services will be held in a file titled with his/her name. The Customer consents to the receipt of the Provider’s promotional materials and information concerning other services and products offered by the Provider via mail or email at the address(es) set forth in this Agreement, or as updated by the Customer from time to time.

Force Majeure. The Provider shall not be liable for failure to perform any of its obligations hereunder if such failure is caused by events outside its reasonable control, including without limitation, acts of God, war, acts of terrorism or natural disasters. The Provider shall use commercially reasonable efforts to recommence performance as soon as reasonably possible.

General. Failure by the Provider to require the performance by the Customer of its obligations pursuant to this Agreement or to enforce a right or recourse of the Provider shall not be deemed or interpreted as a waiver or forfeiture by the Provider of such right or recourse or of its right to require the performance by the Customer of its obligations pursuant to this Agreement. This Agreement shall be governed by and construed under the laws of the Province of Québec and the federal laws of Canada applicable therein, without reference to principles of conflict of laws, and each party unconditionally and irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Québec.

The parties acknowledge having read the general provisions above and the attached Terms and Conditions, which shall form part of the Agreement, and, accept them and the duration, and agree to be bound by same.

CHILDTRAC DOES NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR YOUR USER SAFETY. THE CHILDTRAC GPS TRACKING DEVICE IS NOT INTENDED TO REPLACE PARENTAL SUPERVISION. 

CHILDTRAC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, CHILDTRAC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY.

CHILDTRAC DOES NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR YOUR USER SAFETY. THE CHILDTRAC GPS TRACKING DEVICE IS NOT INTENDED TO REPLACE PARENTAL SUPERVISION.

CHILDTRAC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, CHILDTRAC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT GIVING RISE TO SUCH LIABILITY.

Applicable Law – Resale or Export

You agree to comply with all applicable laws and regulations of the various provinces of Canada. You agree and represent that you are buying for your own personal use only, and not for resale or export.

Governing Law

These terms and conditions shall for all purposes be governed by and interpreted in accordance with the laws of the Province of Ontario as those laws are applied to contracts entered into and to be performed entirely in Ontario, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to this Agreement shall be commenced exclusively in provincial or federal court in Ottawa, Ontario, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.

Headings

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Copyright © 2017 CHILDTRAC CANADA INC. All rights reserved.