Terms of Service
Updated February 13, 2020
KYCS Global Inc. Terms of Service
The terms and condition set forth herein (the “Terms”) apply to KYCS Global Inc. (hereinafter referred to as “KGI” or “we” or “us”) and to its products, website, support center, mobile apps, mobile products, RTLS solutions, software, and any other services (collectively “Services”) KGI 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 KGI, or breaches these Terms or any other such agreement in any manner.
“Individual” means any person, whether natural or legal.
“Providers” means KGI third-party content providers, sponsors, suppliers, and licensors.
“Range of Service” means the distance between KGI’s tracking equipment and the KYCS Bluetooth device on an individual’s person; typically up to 50 meters.
“Service Request” means any request or call made by the User to KGI concerning the location of a lost or stolen item.
“Services” means KGI’s products, website, support center, mobile apps (such as the KYCS App), software, and any other of KGI’s services.
“Terms” means the terms and conditions set out herein.
“KYCS App” means a mobile application that allows Users to identify assets or persons through the use of a KYCS device.
“KYCS device” means a Bluetooth enabled location device that can be located by using the KYCS App.
“User” or “Users” or “You” or “Your” 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 KGI containing these Terms.
Acceptance of Terms
By accessing or using the Services owned or operated by KGI, you are accepting and agreeing to be bound by the Terms. KGI 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. You understand and agree that continued use of the Services subsequent to any modifications to the Terms being posted on the Website, results in you agreeing to become bound to the modified Terms. For clarity, each time you access this Website or any other Service, you 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 KGI’s Websites, including the text, graphics, images, and information obtained from KGI third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
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 KGI. 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.
By accepting these terms, User agrees that User will not plan or engage in any illegal activity in relation to the Services.
User understands and agrees that the Services are not available everywhere and are only available in certain geographical coverage areas (the “Coverage Areas”). User also understands and agrees that the range of the Services within Coverage Areas are typically up to 50 meters line of sight between KGI’s tracking equipment and the KYCS device on an individual’s person (“Range of Service”). User agrees that the Coverage Area and 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. The Services cannot predict, prevent or report that an Individual has wandered away from a caregiver or responsible party and the Services are 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. KGI is not responsible for any search and rescue and does not assume any duty or liability for search and rescue. KGI cannot assure that any of the search and rescue networks within the Services will be available to search for a missing Individual. KGI does not warrant, represent or guarantee that a missing Individual will be found as a result of participation in the Services. KGI 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 KGI’s equipment’s radio frequency without interference, the Individual being properly equipped with the KYCS 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 KYCS BLUETOOTH DEVICE AND PROVIDE THE DEVICE’S IDENTIFICATION NUMBER TO USE FOR LOCATION PURPOSES; AND
- CALL KGI 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 KGI’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 two (2) months after placement of the batteries in the Services. User shall not permit tampering, modification or interference with KGI’s equipment.
The Services should only be used in conjunction with the guidance and care of appropriate caregivers. Nothing stated or presented in KGI’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.
In order for KGI to use its Services to assist with locating stolen items, User must provide to KGI a confirmation, which is acceptable to KGI, that a Police report has been filed with a police department. KGI 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. KGI 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 KYCS Bluetooth device, KGI 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.
KGI 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 KGI successfully locate the stolen item, KGI’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 KGI’s notification or may do so in an untimely manner and the User further acknowledges that KGI 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 KGI and the Police of the theft or suspected theft of the stolen item, and to immediately communicate to KGI 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 KGI or in advising the Police of the theft or suspected theft of the item reduces the likelihood of successfully tracking and recovering the item. User understands and agrees User is prohibited from attempting to recover any asset without assistance from the Police.
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 KGI deems that a Service Request is unfounded or constitutes a false alarm, the User shall be responsible for and assume: (i) all of KGI’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 KGI 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 KGI.
KGI shall bear no responsibility for any failure by the User to protect its assets. KGI shall also bear no responsibility for returning User’s assets to User or for any loss or damage to User’s assets.
User expressly acknowledges that the Services offered by KGI for the sole purpose of aiding in the location of lost or stolen items. Accordingly, KGI is not responsible for, and the User agrees to fully indemnify KGI against any liability, loss or damages incurred by KGI 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.
Police Location Service
KGI 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 KGI 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, KGI Shall use its reasonable efforts to commence a KYCS identification service process and update the appropriate KYCS software/App and/or equipment and terminals within its service areas. The Customer further acknowledges that KGI shall not be responsible for any prejudice or damage suffered as a result of such Services.
Subject to User’s compliance with the Terms, KGI grants User a limited non-exclusive, non-transferable license to download and install a copy of the KYCS App on a single mobile device that User owns or controls and to run such copy of the KYCS App and use the Services solely for User’s own personal non-commercial purposes. KGI reserves all rights in and to the KYCS App and Services not expressly granted to User under these Terms. User may not: (i) copy, modify or create derivative works based on the KYCS App or Services; (ii) distribute, transfer, sublicense, lend or rent the KYCS App to any third party; (iii) reverse engineer, decompile or disassemble the KYCS App; or (iv) make the functionality of the KYCS App or Services available to multiple users through any means.
KGI 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 KGI. 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 KGI. 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 KGI without KGI’s express written consent. Users may not use any metatags or any other hidden text utilizing KGI name or trademarks without the express written consent of KGI. Any unauthorized use terminates the permission or license granted by KGI. 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 KGI, its affiliates, or the Services in a false, misleading, derogatory, or otherwise offensive manner. Users may not use any KGI logo or other proprietary graphic or trademark as part of the link without express written permission.
Downloading the KYCS App
When Users download the KYCS 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 KGI, and not with the App Store, and that KGI (not the App Store) are solely responsible for the KYCS App and Services.
(ii) The App Store has no obligation to furnish any maintenance and support services with respect to the KYCS App or handle any warranty claims.
(iii) The App Store is not responsible for addressing any claims Users have relating to the KYCS App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the KYCS 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 KYCS App through their App Store). Users must also comply with the App Store’s terms of service when using the KYCS App.
Creating an Account within the KYCS App
In order to use certain features of the Services, Users must have an account with KGI. 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, KGI 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).
(a) The User undertakes to immediately advise both KGI and the Police of the stolen/missing asset/person or suspected missing person, and to immediately communicate to KGI the report or file identification number provided by the Police regarding 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 KGI 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 KGI in writing of any change to the Information contained in the registration, including; (i) the destruction of the KYCS Bluetooth device; (ii) the removal of the KYCS unit from the person or asset to whom it has been registered; Should the User fail to inform KGI as required herein, The User shall be responsible for any and all related liability and failure to the Services.
(f) The User understands that KGI shall use reasonable skill and due care in providing the Services, but KGI does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Services. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. KGI reserves the right, at its sole discretion, to discontinue all or any part of the Services, at any time and without notice.
(g) The User expressly acknowledges that the Equipment is offered by KGI is for the sole purpose of being used as an aid to assist in identifying the asset or person on which the KYCS device is equipped. KGI 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 KGI’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 KGI’s Services are guaranteed to be error-free or uninterrupted.
Due to the limitations of technology, we cannot guarantee the Services. For instance, communications tower connections may experience downtime, interruptions or dead spots. The KYCS device may also experience unexpected malfunctions or limitations; this may be due to many reasons, such as an expired battery, unforeseen damage to internal components from excesses wear and usage etc. Users agree to accept full responsibility for the use and limitations of the product and associated technologies. Users further agree not to hold KGI liable for any or such limitations or malfunctions of KGI’s products and the Services. KYCS is set up to function only were cellular data service is available.
User acknowledges and agrees that the products within the Services are battery operated and limited to battery life expectancy due to many factors including but not limited to temperature, storage, battery type and battery material. KGI 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.
Real-Time Location System (RTLS) Services
The User understands that KGI shall use reasonable skill and due care in providing the Services, but KGI does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Services. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. KGI reserves the right, at its sole discretion, to discontinue all or any part of the Services, at any time and without notice.
The User understands and agrees that KGI shall collect and maintain ownership of any non-personally identifiable data collected through the use of KGI’s Services, and that KGI may use such data for any purpose such as marketing, sales, research, development, and analytics purposes.
KGI takes cyber security very seriously. KGI shall take appropriate security measures to prevent unauthorized access, misuse, or modification of its hardware and software. However, KGI cannot absolutely guarantee the security of our hardware or software and User cannot reasonably expect that hardware or software will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. User understands and agrees that the Section titled Limitation of Liability within these Terms, along with any additional provisions within these Terms that limit KGI’s liability, apply to any such wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
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 KYCS device hardware and mobile devices or attempt to reverse engineer the KYCS Bluetooth Low Energy profile or KYCS protocol;
- Access, tamper with, or use non-public areas of the Services, KGI’s computer systems, or the technical delivery systems of KGI’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 KGI 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;
- Attempt to recover or retrieve a stolen/missing asset/person without the assistance of the Police;
- 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 KGI, or breach same in any manner, the User shall be in a situation of Default.
(b) if the User is in Default, KGI 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 KGI; or (ii) cease providing the Services to the User.
Unsolicited Idea Submission
KGI 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 KGI‘s products or marketing strategies might seem similar to ideas submitted to KGI. Please do not send unsolicited ideas to KGI or anyone at KGI . If, despite our request that User not send KGI 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 KGI , without compensation to User, (2) KGI 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 KGI. KGI 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 KGI’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
KGI does, however, welcome User feedback regarding many areas of KGI‘s existing business. Please provide only specific feedback on KGI‘s existing products or marketing strategies; do not include any ideas that KGI‘s policy will not permit it to accept or consider.
Any feedback Users provide shall be deemed to be non-confidential. KGI 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 KGI 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 KGI’s Services. User agrees that KGI 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.
KGI has the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from KGI’s Services for any reason, including if KGI believe, in KGI’s sole judgment, User’s Content violates these Terms, or that KGI believes threatens the safety of, or harms any other person, or creates liability for KGI or any other person. KGI 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 KGI’s systems, service providers, partners, and other users, or to ensure the integrity and operation of KGI’s business and systems, KGI may access and disclose any information or content KGI 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
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICES PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
KGI SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICES. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) KGI’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) KGI’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT KGI AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF KGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE USER’S TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICES.
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.
The User understands that: (i) KGI 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); KGI does not guarantee the Services.
The User agrees to defend, indemnify and hold KGI 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.
The User acknowledges that KGI, its authorized resellers, the Police, and KGI’s wireless service providers are independent parties and under no circumstances will KGI be responsible for any act or omission of its authorized dealers, the Police or KGI’s wireless service providers, nor will the authorized dealers, the Police or KGI’s wireless service providers be responsible for any act or omission of KGI. Neither KGI 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.
KGI DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USER’S USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND USER AGREES THAT FROM TIME TO TIME KGI MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
The liability of KGI 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.
Under no circumstances shall the User be entitled to any refund or credit due to any interruption in KGI’s ability to provide the Services, no matter the cause. Should KGI 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.
User agrees to defend, indemnify, and hold KGI 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.
User agrees to defend, indemnify and hold KGI, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content User submits, posts, transmits, or otherwise makes available through the Services; (b) User’s use of the Service; (c) any violation by you of this Agreement; (d) any action taken by KGI as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue KGI, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of KGI’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless KGI from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
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 KGI and may only bring any claim/action or any kind as against KGI 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 KGI’s control, and KGI 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.
KGI warrants that KYCS 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 KYCS Bluetooth device arises within the Warranty Period, KGI 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 KGI’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
KGI will use reasonable efforts to correct any discovered defects in the KYCS App or the Services. However, User’s access to and use of the KYCS App and Services is at User’s own risk. KGI is not responsible for the content provided by, or the conduct of, any user and User bears the entire risk of using the KYCS App and Services and any interactions with other users. The KYCS App and Services are provided on an “AS IS” and “AS AVAILABLE” basis and KGI does not represent, warrant, or guarantee that the KYCS 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 KYCS APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to the KYCS 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.
(a) KGI hereby reserves its right to change any of the terms and conditions of these Terms without notice to the User.
(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 provincial courts located in Ontario, Canada and no other.
In any action against KGI 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 KGI’s Websites or fills out any online forms, you are communicating with KGI electronically. Users consent to receive communications (including legal notices) from KGI electronically. KGI 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 KGI provides to User electronically satisfy any legal requirement that such communications be in writing. KGI may also deliver communications to User electronically. In addition, KGI may deliver communications (including legal notices) to User at the street address User provided. Finally, KGI may deliver communications to User by any means set forth in any other KGI 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 KGI relating to the subject matter herein. KGI may assign its rights and obligations under these Terms. These Terms will inure to the benefit of KGI’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; 12 Proctor Road, Suite 200, Schomberg, Ontario, L0G 1T0, Canada, Toll free 1-866-800-4111, email email@example.com.
LOCATE TERMS OF SERVICE AGREEMENT
WHEREAS the Customer wishes to purchase the Services (as described herein) from KYCS Global Inc. (“KGI”), and subject to KGI’s acceptance of this Agreement or any renewal thereof, KGI agrees to provide the Services described herein (the “Agreement”), THE PARTIES AGREE AS FOLLOWS:
In this Agreement, the following terms shall have the meaning set forth below: “Authorized Dealer ” or “AD” means those dealers who are from time to time identified by KGI as being authorized service centers, and shall include KGI (the Customer can communicate with KGI or visit the KGI web site to obtain a current list of ADs and their respective locations); “KYCS Locate Unit” means the KYCS brand vehicle location unit; “Current Term” means either the period covering the Initial Term or the Renewal Term; “Customer” means the person, company or other entity identified in the Customer Information portion of this Agreement; “Equipment” means the KYCS Locate Unit installed in the Vehicle, said unit or parts thereof may have been previously used or reconditioned; “Initial Term” means the period for which the Service was initially purchased by the Customer pursuant to this Agreement, as set forth on the face hereof; “Renewal Term” means successive one-year periods for which this Agreement shall be renewed following the Initial Term; “Reactivation fee” means the amount of $50; “Service” means KGI’s stolen vehicle location service described herein; “Service Area” means wherever there is 4G/LTE cellular service (KGI reserves its right to modify from time to time the territory included in the Service Area); “Service Call” means any request or call made by the Customer to KGI concerning the location of the Vehicle or any theft notification automatically emitted by a KYCS Locate Unit; “Term” means the entire duration of this Agreement, including any renewal or extension thereof; “Tracking Fee” means the amount of $250 per Service Call; “Vehicle” means the Customer’s vehicle into which Equipment is installed and in relation to which the Service is purchased.
- EQUIPMENT INSTALLATION AND MAINTENANCE
2.1 In order to ensure the proper functioning of the Equipment, the Customer shall co-operate with KGI and ADs with regard to all aspects of the installation, removal, repair and maintenance of the Equipment and ensure that same shall only be performed by an AD. Failure to abide by this condition shall void any warranty related hereto.
2.2 For security reasons, only KYCS or an AD may, to the exclusion of the Customer, handle or keep the KYCS Locate Unit when such unit is not installed in the Vehicle.
(i) will reduce both the effectiveness of the Equipment and KGI’s ability to provide the Service; (ii) can result in the generation of false alarms; (iii) shall be deemed a breach of this Agreement; and
(iv) shall void any warranty or guarantee related hereto. All maintenance of the Equipment, including the replacement of the Locate battery, shall be at the expense of the Customer, the whole in accordance to KGI’s standard rates applicable from time to time. KGI reserves its right to modify the nature and intervals of the maintenance program related to the Equipment, and Customer hereby undertakes to diligently respect any such maintenance program.
2.3 The Customer acknowledges that if the Vehicle is recovered at any time by using the KYCS Locate via Service Call, that the KYCS Locate battery must be replaced. Failure to replace the battery after a Service Call will reduce the effectiveness of the Equipment and KGI’s ability to provide the service.
- SALES AND TRANSFER OF VEHICLE
3.1 The Customer acknowledges that the sale or transfer of the Vehicle shall not operate an assignment of this Agreement and shall not release the Customer from its obligations hereunder. If the Customer intends to sell or otherwise transfer the Vehicle to a third party (the “Purchaser”) without first removing the KYCS Locate Unit, Customer must ensure that a then current Agreement duly completed by the Purchaser is submitted to KGI for acceptance. Until such time as the Purchaser’s Agreement is accepted by KGI, if and when same were to occur, the Customer shall continue to be bound by this Agreement and must respect and abide by all of its obligations hereunder, including all payments due to KGI, until the expiry or termination thereof in accordance to its terms and conditions. In no event will any fees which were pre-paid by the Customer be reimbursed to the Customer.
- THE SERVICE
4.1 KGI shall only provide the Service once the following steps have been completed: (i) the Equipment has been installed in the Vehicle by an AD; (ii) KGI has received the payment of any and all fees payable by the Customer under this Agreement; and (iii) KGI has accepted the Agreement.
4.2 Following the receipt by KGI of a Service Call: (i) if a KYCS Locate Unit is installed in the Vehicle, the Customer must provide to KGI a confirmation, which is acceptable to KGI, that a stolen car incident report has been filed with public security authorities (the “Police”). If KGI obtains these confirmations, KGI shall use its reasonable commercial efforts to locate the Vehicle within the Service Area. KGI shall have the option but not the obligation to track or locate the Vehicle if: (i) it is situated outside the Service Area; or (ii) it has not received confirmation that a stolen car incident report has been filed with the Police and obtained the report or file identification number provided by the Police.
4.3 KGI has no obligation to communicate with or inform any third party, including the Police, of its reception of a Service Call.
4.4 Should KGI successfully locate the Vehicle, KGI’s only obligation shall be to make a reasonable attempt to inform by telephone the Police of the location of the Vehicle. KGI will also have the option, at its discretion, of taking possession of and storing the Vehicle until it has obtained the necessary confirmations from the Customer and/or the Police concerning the status of the Vehicle. KGI may also have the Vehicle towed at the Customer’s expense. The Customer acknowledges that the Police may refuse or neglect to respond to KGI’s notification or may do so in an untimely manner and the Customer further acknowledges that KGI shall not be responsible for any prejudice or damage suffered as a result of such an occurrence.
4.5 Should the Customer fail to abide by any of the terms and conditions of this Agreement, including without limitation, the payment of any amount due to KGI or an AD, KGI reserves its right, at its sole discretion, to either: (i) refuse to respond to a Service Call; or (ii) provide the Service subject to the immediate payment by the Customer of a supplemental tracking fee of an amount determined at KGI’s discretion, but in no event less than $1000 per Service Call.
4.6 Under no circumstances can the Customer interrupt the application of this Agreement, nor will the Customer be credited for payments applicable to any period during which the Vehicle is stored or the Services are not required.
- THE CUSTOMER
5.1 The Customer undertakes to immediately advise both KGI and the Police of the theft or suspected theft of the Vehicle, and to immediately communicate to KGI the report or file identification number provided by the Police with regard to such theft or suspected theft. The Customer acknowledges that any delay in placing a Service Call or advising the Police of the theft or suspected theft of the Vehicle reduces the likelihood of successfully tracking and recovering the Vehicle.
5.2 The Customer agrees to pay to KGI the Tracking Fee if the Vehicle is located by KGI. However, should the Vehicle be situated outside the Service Area, the Customer acknowledges and accepts that KGI reserves the right, in its sole discretion, to decide whether it will attempt to locate the Vehicle and whether it will charge a supplemental fee above and beyond the applicable Tracking Fee.
5.3 The Customer 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 Call which results from anything other than the theft of the Vehicle. If KGI deems that a Service Call is unfounded or constitutes a false alarm, the Customer shall be responsible for and assume: (i) all of KGI’s costs and expense incurred in responding to the Service Call; (ii) any applicable tracking fees; and (iii) any fines, penalties or other amounts charged by local governments or agencies for any false alarms or signals.
5.4 The Customer understands and agrees that if the Equipment is relocated by the customer subsequent the initial installation of the Equipment (i) that a false tamper alarm will be triggered, and (ii) that a service charge of $250 may be charged to customer after the third such false alarm. Customer understands and agrees that Customer shall contact KGI to give notice of false alarms prior to relocating the equipment
5.5 The Customer understands and agrees that KGI reserves the right to unilaterally terminate this Agreement at its discretion without any refund of any kind if the Customer generates an unreasonable number of unfounded Service Calls or false alarms, the whole in the sole opinion of KGI.
5.6 In order to ensure proper delivery of the Service, the Customer agrees to immediately notify KGI in writing of:
(i) any change to the information contained in this Agreement, including Customer’s (a) address, (b) home, work or cellular telephone numbers, (c) email address, (d) credit card number and expiry date, and (e) name of insurance company and broker, and insurance policy number; (ii) an intended sale or transfer of the Vehicle; (iii) the destruction of the Vehicle and/or Equipment; (iv) the removal of the Equipment from the Vehicle; (v) a change to the Vehicle’s color. Should the Customer fail to inform KGI as required herein, the Customer shall be responsible for and assume any and all costs and expense incurred by KGI as a result of said failure.
5.7 If Customer terminates this Agreement before the end of the Term, the Customer will have to pay KGI any and all fees payable under this Agreement. The Customer agrees to pay all amounts owed to KGI pursuant to this Agreement, including without limitation, all fees, renewal fees, penalties and administrative charges as each becomes or may become due.
5.8 The Customer authorizes KGI to, from time to time: (i) debit any and all amounts due, or to become due, pursuant to this Agreement, including any fees regarding any Renewal Term, directly from the Customer’s credit card, without the need for any further authorization or notice; (ii) obtain or exchange personal information with any personal information agent towards establishing or verifying financial standing; (iii) maintain a file containing personal and public information concerning the Customer and the Vehicle for the purpose of efficiently providing the Service; (iv) contact the Customer’s insurer or broker to inform same of any failure by the Customer to abide by the terms and conditions of this Agreement; (v) divulge any information that it holds or that it may hold with regard to the Customer or the Vehicle to the Customer’s insurer or broker; (vi) request and obtain any and all information concerning the Customer, the insurance coverage or the Vehicle which is in the possession of the Customer’s insurer or broker; and (vii) track, locate, take possession of and store the Vehicle following a Service Call.
5.9 The Customer expressly acknowledges that the Equipment is offered by KGI for the sole purpose of tracking the Vehicle should it be stolen. Accordingly, KGI is not responsible for, and the Customer agrees to fully indemnify KYCS against any liability, loss or damages incurred by KGI arising from or relating to, any use of the Equipment by the Customer for any purpose other than to track the location of the stolen Vehicle including, without limitation, any use thereof which may be contrary to law, whether by violating the privacy or personal information of others or otherwise.
5.9 If it is upon the expiry of the Initial Term or any Renewal Term, if the Client is in Default or if the Client cancels this Agreement, the Client agrees to remove the Equipment from his Vehicle or have the Equipment deactivated, at his own expense. If the Client does not abide by this regulation, KGI will not be held responsible of any loss, damage, fee or expense incurred by the Client arising from or relating to the presence of the Equipment in the Client’s Vehicle.
- LIMITATION OF LIABILITY
6.1 The Customer understands that: (i) KGI is not an insurer and does not provide any type of insurance protection; (ii) the Service is not a replacement for adequate insurance coverage; and (iii) KGI does not guarantee the recovery of the Vehicle.
6.2 The Customer agrees to defend, indemnify and hold KGI harmless with regard to any liability incurred in performing the Services, including without limitation, the payment of any fines, penalties or other charges for false alarms and unfounded Service Calls, reasonable expenses, costs and attorney’s fees.
6.3 The liability of KGI 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 Customer under this Agreement.
6.4 The Customer acknowledges that KGI, the ADs, the Police and KGI’s wireless service providers are independent parties and under no circumstances will KGI be responsible for any act or omission of the ADs, the Police or KGI’s wireless service providers, nor will the AD, the Police or KGI’s wireless service providers be responsible for any act or omission of KGI. Neither KGI nor its wireless service providers shall: (i) guarantee the uninterrupted functioning of their services; and (ii) be liable to the Customer 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 the Vehicle or otherwise.
6.5 Under no circumstances shall the Customer be entitled to any refund or credit due to any interruption in KGI’s ability to provide the Service, no matter the cause. Should KGI be unable to provide the Service due to no fault of the Customer for a period of more than thirty (30) consecutive days, the Customer’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.
- LIMITED WARRANTY AND GUARANTEE
7.1 The only warranty provided to the Customer by KGI is a one-year limited warranty on parts and labor covering solely manufacturing defects affecting the Equipment. The Customer shall refer to KGI’s warranty card, if any, for all applicable conditions and exclusions, which form part of this Agreement. Any defects concerning the installation of the Equipment by an AD shall be the sole responsibility of the AD.
7.2 In the event that neither KGI nor the Police succeed in locating the Vehicle within sixty (60) days following the Service Call, and the Customer’s insurer indemnifies the Customer for the loss of the Vehicle, the Customer will, upon signing a full release of any right or recourse it may have against KGI, have the option of receiving from KGI: (i) new Equipment, and the equivalent of the service fees paid by the Customer during the Current Term, the whole at no cost to the Customer. This is the only guarantee provided by KGI. This guarantee must be exercised by the Customer within 90 days following the date of theft failing which it becomes null and void. This guarantee only applies to vehicles purchased from authorized automotive dealerships.
- CUSTOMER DEFAULT
8.1 Should the Customer fail to abide by any of the terms and conditions of this Agreement or of any other agreement between the Customer and KGI, or breach same in any manner, the Customer shall be in a situation of default (hereinafter “Default”).
8.2 If the Customer is in Default, KGI may immediately, and without providing any notice or delay, do any or all of the following, without waiving any other remedy available at law: (a) terminate this Agreement and/or any other agreement between the Customer and KGI; or (b) deactivate the Equipment and cease providing the Service. If the Customer is in Default, the termination of this Agreement and of any other agreement will not release the Customer from its obligation to pay any and all sums due and to become due pursuant to this Agreement or other agreements.
8.3 All remedies provided for herein are deemed to be cumulative. To the extent permitted by law, KGI also has the right to recover all reasonable collection expenses, court costs, attorneys’ fees and any direct or consequential damages resulting from the Default. Any subsequent acceptance by KGI of payments by the Customer under this Agreement does not in and of itself constitute a waiver of any existing Default, regardless of whether KGI has knowledge of the Customer’s Default.
8.4 The Customer understands and agrees that in the event Customer shall become insolvent or be adjudicated bankrupt, whether by voluntary or involuntary petition, or shall a petition of organization, arrangement, or similar relief be filed against the Customer, or if a receiver of any part of the Customer’s property or assets is appointed by any court, the Customer will remain obligated to pay to KGI the amount of all unpaid rental fees, and any other sums accrued and thereafter accruing under this Agreement.
- TERM & TERMINATION
9.1 Upon the expiry of the Current Term, this Agreement shall expire, with the exception of any terms herein that may survive the termination of this Agreement.
9.2 Termination of this Agreement by KGI as a result of a Default shall not entitle the Customer to any refund of any amount paid under this Agreement.
9.3 The Client renewing this Agreement after the termination of this Agreement resulting of a Default shall pay the Reactivation fee.
- GENERAL CLAUSES
10.1 KGI hereby reserves its right to change any of the terms and conditions of this Agreement following a written notice to the Customer of said change (the “Notice”). Should the Customer refuse to accept any said change, the Customer will have 10 days from the date of the Notice to advise KGI in writing of its intention to terminate this Agreement. This will be the Customer’s only recourse in the event of a unilateral change to a term or condition of this Agreement by KGI.
10.2 The customer acknowledges that KGI Equipment may contain used, reconditioned or refurbished components.
10.3 The Customer understands and agrees that any payments made by Customer under this Agreement are deemed to be acceptance of the terms and conditions herein by the Customer.
10.4 All of the provisions of this Agreement shall apply to, bind and contractually obligate the Customer’s heirs, executors, administrators, representatives, successors and assigns.
10.5 If a court determines any provision or any part of a provision in the entire Agreement between the Customer and KGI to be invalid or unenforceable, that provision or the part of the provision shall be null and void to the extent determined by the court. However, each other provision or part of a provision in the entire Agreement shall continue to be valid and enforceable.
10.6 KGI reserves its right to offset compensation between amounts owed by the Customer to KGI and amounts owed by KGI to the Customer.
10.7 Notwithstanding any facts, the parties understand and agree this Agreement and any disputes of any kind arising herefrom shall be governed and interpreted by the laws of Ontario and adjudicated in the courts of Ontario.
10.8 The parties have requested that this Agreement be drafted in the English language. Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en anglais.
© KYCS GLOBAL INC.