By using or subscribing to the services of the Cypress Smart Alert System (“Services”) provided to you by AltumView Systems Inc. or any of its affiliates (“AltumView”, “us” or “we”), you agree to the following terms and conditions of services (the “Terms of Services”). These Terms of Services constitute the understanding between AltumView and the customer responsible for the use and payment of the Services (“you”) and govern the use of the Services.
The term of your agreement begins on the agreement start date and will automatically renew on a month to month basis at the end of any fixed term you have agreed to until it is changed or cancelled in accordance with these Terms of Services. 2. Definitions
In addition to the terms defined elsewhere in these Terms of Services, the following terms have the meanings indicated:
“Device” means any type of device that is, or is to be, used with the Services, including Cypress Visual Sensor and other sensors;
“End of Life Device” means a Device which has been discontinued;“New Device” means a new, unused Device;
“Lightly Loved Device” means a Device that was returned to us within the trial period or after a leasing period, but is in good working order without physical damage.3. Changes to the Terms of Services
AltumView may make changes to the Terms of Services, the Services and the associates prices, fees or charges in its sole discretion on 30 days' notice, excluding the following key contract terms during a 24-month commitment: your rate plan, the total minimum monthly charges, and your commitment period. Changes to Services may include modification or termination of such Services.
AltumView may give you notice of a change by sending it to you by email or text message, by including it on your monthly invoice, or by any other reasonable method and such notices may refer you to our website for further details. Subject to AltumView’s right to make these changes, no other statements (written or verbal, including proposed changes by you) will change these Terms of Services.
You shall be deemed to have accepted any changes made by AltumView if you continue to use your Services after such changes are effective with no additional action or agreement required.4. Services
(a) The Cypress Smart Alert System provided by AltumView includes the Cypress smart visual sensor, the cloud server, and the mobile phone App. The Services provided by the system require WiFi network and internet connection. The visual sensor has built-in artificial intelligent (AI) algorithms that can monitor the daily activities of the user. When it detects abnormal events such as falls, it sends instant alerts via the cloud server to the mobile phone App of the family members, caregivers, or other people that have been configured to receive such alerts and that can come to the user’s aid. However, the use of the system does not completely assure that help will arrive within a specific time frame.
(b) We will provide the Services above to you in accordance with these Terms of Services, starting from the time you activate the Services. The Services will only be provided in geographic areas covered by our cloud servers. Additional charges may apply for use of Services outside of the AltumView network coverage area (our “AltumView network”).
(c) Your Services could be restricted or suspended due to a credit limit or past due amounts. In this case, you will be noticed by us.
(d) Certain Services could be subject to additional terms and conditions or will require you to use or download software which is subject to other terms and conditions. You agree to review and be bound by all such terms and conditions as a condition of your use of such Services or software.
(e) You grant us a worldwide, sub-licensable, transferable and non-exclusive license, without compensation, reimbursement or any other payment, to transmit, copy, modify, adapt, display, perform, distribute and publish any content you choose to create, transmit, publish or otherwise communicate using the Services, as reasonably required by us and our third party service providers to provide the Services to you.
(f) We and our third party service providers may make changes to the Services, cancel, suspend, limit, block or restrict Services from time to time in our and their discretion and without notice to you.5. Prohibitions and Restrictions
(a) You agree not to:
(i) alter any of the equipment or software that you use to access the Services;
(ii) use the Services for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party;;
(iii) do anything to damage, disable, overburden, impair or otherwise adversely affect, as we determine in our sole discretion, the Services or any data, software, networks or equipment used to provide the Services;
(iv) circumvent, disable or interfere with the security of, or otherwise abuse, the Services or any of the data, software, networks or equipment used to provide the Services, including any security features or functionality;
(v) use excessive capacity, bandwidth or resources or disrupt or interfere with any other person’s use or enjoyment of the Services;
(vi) use another person’s e-mail address, password, personal identification number or other Device or information without that person’s and our prior written authorization, create or use a false identity, impersonate any person or otherwise misrepresent your identity;
(vii) attempt to obtain unauthorized access to the Services or portions of the Services to which you have not subscribed or are restricted from accessing; or
(viii) harass, abuse or threaten any of our employees or representatives.
(b) You agree not to use the Services to send, transmit or relay:
(i) anything (including without limitation viruses and trojan horses) which is intended to, is likely to or has the effect of disabling, denying access to, damaging or destroying, corrupting or affecting the normal use of the Services, or any data, software, networks or equipment used to provide the Services;
(ii) any material that is or is reasonably likely to be construed as deceptive, fraudulent, libelous, defamatory, threatening, intimidating, abusive, harassing, violent, hateful, degrading, obscene, pornographic, profane, harmful or injurious to individuals, tortious or that may otherwise result in criminal, regulatory or civil liability;
(iii) any material that violates any agreement, intellectual property rights, moral rights, publicity rights, privacy rights, fiduciary obligations or other rights of a third party;
(iv) spam, chain letters, junk mail or any other type of commercial solicitation or unsolicited mass e-mail or messaging; or
(v) any material that contravenes any notice or guideline posted by us on our website from time to time.
(c) We reserve the right to limit, restrict or block the use of certain third-party applications, as determined from time to time in our discretion and without notice.
(d) We have the right to monitor or investigate any content that is transmitted using the Services. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with these Terms of Services and protect ourselves, our customers or the public.
6. You Leaving Us
You can terminate the provision of Services at any time by giving us at least 30 days prior written notice. We will cease providing the Services on the day specified in your written notice. You agree to pay to us all charges that you have incurred up to the date we stop providing the Services.
If you lease the Device, you agree to mail the Device back to us, and all postage and insurance costs are to be paid by you. Failure to return the Device in satisfactory condition will result in the forfeiture of your security deposit. We will return to you any security deposit with interest within 30 days of cancellation of your Services. The interest rate is Bank of Canada’s overnight rate in effect at the time, plus 1 percent, on the basis of the actual number of days in a year, accruing on a monthly basis. Interest is earned starting from the date we collect a security deposit from you (but no earlier than required under applicable legislation or regulation) until the date we return it to you.
If you terminate a fixed-term contract early, an early termination fee will be charged. If you purchase the Device with subsidy provided by us, the early termination fee is the device subsidy in the remaining months of the contract. If you lease the Device, the early termination fee is the lesser of $50 or 10% of the total charge for the remaining months of the contract. Other possible one-time termination processing fees include: $15.00 postage fee, and $15 credit card/PayPal transaction fees.
On or after expiry or termination of the Services for any reason, if your account has a credit balance less than ten dollars ($10.00), this credit balance will not be automatically refunded to you when the Services expire or are terminated. If your account has a credit balance of ten dollars ($10.00) or more, we will refund that balance to you within thirty (30) days (i) by processing the refund to a credit card used to make a recent payment on your account or (ii) by mailing a refund cheque to the last known address that we have for you in our records or any other address that you instruct us to mail to. It is your responsibility to keep us informed of any change in your credit card details or mailing address. Your failure to inform us of any such changes will, in the event that any refund to your credit card is unsuccessful or any refund cheque mailed to you is returned as undeliverable, result in the forfeiture to AltumView of the credit balance amount and any deposits on your account.
7. Us Leaving You
AltumView may disconnect and terminate any Service(s) if:
(a) you fail to pay an account that is past due, provided the amount owing exceeds fifty dollars ($50) or has been past due for more than two months;
(b) you fail to provide or maintain a reasonable security deposit or alternative as requested by AltumView;
(c) you are in breach of any term or condition of these Terms of Services; or
(d) If AltumView is about to disconnect your Service, you will be provided with a minimum of 14 calendar days’ notice prior to disconnection, and that notice will let you know (i) the reason for the disconnection and amount owing; (ii) the scheduled disconnection date; (iii) the amount of the reconnection charge (if applicable); and (iv) contact information for a AltumView representative who can speak with you about the disconnection. AltumView will attempt to notify you at least 24 hours in advance of your scheduled disconnection unless repeated attempts to contact you have failed. Disconnection will always occur on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m. (unless the weekday or weekend day precedes a statutory holiday, in which case disconnection may not occur after noon) in your province or territory of residence.
AltumView may also, without notice and for cause, suspend, cancel or refuse to provide Services to you where:
(e) action is necessary to protect the network from harm;
(f) AltumView has a reasonable suspicion that fraud is occurring or likely to occur;
(g) you misuse or abuse or permit others to misuse or abuse the Services for purposes that are contrary to law or these Terms of Services.
If AltumView cancels your Services for cause, an early cancellation fee equal to your remaining rebate or credit, if any, will be charged and you will remain responsible for all other charges payable on your account.
On or after expiry or termination of the Services for any reason, if your account has a credit balance less than ten dollars ($10.00), this credit balance will not be automatically refunded to you when Services expire or are terminated. If your account has a credit balance of ten dollars ($10.00) or more, we will refund that balance to you within thirty (30) days (i) by processing the refund to a credit card used to make a recent payment on your account or (ii) by mailing a refund cheque to the last known address that we have for you in our records or any other address that you instruct us to mail to. It is your responsibility to keep us informed of any change in your credit card details or mailing address. Your failure to inform us of any such changes will, in the event that any refund to your credit card is unsuccessful or any refund cheque mailed to you is returned as undeliverable, result in the forfeiture to AltumView of the credit balance amount and any deposits on your account.8. Devices and Equipment
(a) You agree not to modify, reprogram, copy, spoof, reverse engineer, monitor, probe, scan, decode or analyze (including through the use of packet analyzers) any numbers, codes, components or programming on your Device, or in any software, hardware or networks used to provide the Services, that are used for identification, authentication or control of functions or operator privileges or any transmissions used to provide the Services, or permit anyone else to do so, other than one of our authorized representatives. Except as required for the normal use of the Services, you agree not to disclose such information to anyone other than our authorized representatives.
(b) You acknowledge and agree that we may transmit or remotely install software, firmware and other updates on your Device and equipment from time to time in order to maintain, enhance or correct the Services, without notice or liability.9. Device Warranty
Except for the following warranty, we do not offer, and expressly disclaim, any representation, warranty or condition in respect of Devices or equipment, whether express or implied, and have no obligation or liability in respect of Devices or equipment.
(a) 12 Month Warranty
The Device is covered by a limited 12-month hardware warranty from the date of purchase. If the Device’s hardware has a manufacturing defect causing it not to function as described in our product manual within the first 12 months of purchase, please return the Device to us for diagnosis. If we cannot repair the Device, we will replace it free of charge. If the Device breaks after the first 12 months, please send it back to us for repair or replacement. We will only charge you for the cost of repair and shipping.
(b) Circumstances that can void your warranty
Please be aware the manufactory warranty of the Device does not apply where the Device has been (i) abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by us; (ii) been reconstructed, repaired or altered by persons other than us or our authorized representatives; or (iii) been used with any third-party product, hardware or product that has not been previously approved in writing by us. Such circumstances include but not limited to the following:
• The Device has been opened or tampered with.
• The Device has been modified or not used in accordance with our instructions.
• The Device has been dropped or suffered damage from physical impact.
• The Device has been damaged by fire or has been exposed to excessive heat.
• The Device has been used with an incorrect power adapter.
• The Device has been subject to incorrect voltage due to lightning or a power surge.
• The Device base unit has been subject to a liquid spillage causing a failure.
• The Device has been submerged in water.
10. Charges and Payment
(a) You agree to pay us the charges applicable to the Services whether or not they have been incurred by you personally. The charges for your Services were set out in the agreement you signed when you activated your Service(s). Charges will commence from the time you activate the Services or 14 days after your agreement start date, whichever is earlier, or if you are adding or changing a Service, from the time that addition or change is made. Some of the charges are flat fees charged for a particular plan, add-on or value added Service package each month, starting from the time you activate the Service, while other charges are calculated based on the amount of the Services you use. You also agree to pay all applicable taxes, duties and governmental or regulatory fees, surcharges or levies that apply to the Services or our charges. Contact us if you want to change your plan and add or remove Services. Any changes (if not stated differently) will take place within 48 hours. Charges may be pro-rated accordingly based on the date such change is made. You may only change your plan, add-ons or a value added Service package once in any given invoicing period.
(b) You can pay for our Services either through a post-paid monthly invoice or pre-pay in advance, using any of the methods that we describe on your invoice or on our website. We reserve the right to approve you or require additional conditions (such as satisfactory credit checks, an up-front deposit, limitations on types or quantity of Services available, or caps on the charges you may incur) for the payment option you select. If we require a credit check, you authorize us to collect and use information on your past credit history from third parties. We reserve the right to provide information regarding your payments to us to third party collection agencies. We reserve the right to refuse to provide some or all Services to you, or terminate or suspend Services to you, or require additional conditions to be met, based on the results of your credit check or other criteria, as we determine in our sole discretion.
(c) If you have requested pre-authorized payments or are otherwise required to provide pre-authorized payments on your account, you agree that we may charge to your credit card, bank account or other payment instrument all outstanding charges on the date which they are due, including any applicable early cancellation fees, and you authorize us to keep your pre-authorized payment details on file. You agree to notify us of any changes to the details of your pre-payment method as required in order to process such charges. You confirm that you are authorized to use the method of payment provided to us and that you have the right to use that method to pay such charges.
(d) If you have concerns regarding any of the charges posted to your account, please contact us by email or by phone. You agree that charges that you do not dispute within 30 days after being posted to your account will be deemed to be correct and accepted by you.11. Postpaid Services
(a) If you’ve chosen (and we have approved) postpaid monthly invoicing, your invoice will be made available to you in an electronic format. Notification of new invoices may be sent to you at the e-mail address you have provided us. You are responsible for ensuring that the e-mail address you have provided is valid and that you are able to check it regularly. You agree to pay each invoice in full by the due date specified on it. If we don’t receive payment by such due date, you will be charged interest calculated and compounded monthly on the outstanding amount at the rate of 2% per month (26.82% per year) from the date of the first bill on which it appears until paid in full. If your account remains unpaid for 60 days, we may refer your account to a collections agency. We may also charge you for any reasonable administrative or collection costs that we incur. If your payment is rejected by your financial institution, we may charge you an administrative fee. We also reserve the right to change the invoicing frequency or to issue interim invoices in our discretion and without notice.
(b) If we determine in our discretion that a deposit is required, we will notify you of the amount required and any change in that amount from time to time. If you do not pay the full balance of any invoice when due, we may deduct any unpaid balance from your deposit and apply it to that invoice, in which case you will also be required to top-up the deposit. We may terminate or suspend Services if you do not maintain the specified deposit amount or if an unpaid balance remains past due after applying the entire deposit. If you do not pass our credit check, we may determine, in our sole discretion, that a deposit cannot be applied to your account and you may only qualify for a prepaid account.
(c) If you pay us more than the amount due on a given invoice, we will carry forward the overpayment and apply it to your next invoice. No interest will be paid on any credit balance. If your account is in a credit balance at the time all Services are terminated after application against all outstanding charges, any remaining credit balance, if it is ten dollars ($10.00) or greater, will be refunded to you as set out above.12. Prepaid Accounts
(a) If you’ve chosen (and we have approved) pre-payment, or we determine in our discretion that pre-payment is required, you must maintain your account in a credit balance in order to use the Services. No interest is paid on credit balances. Your account is credited when we receive payment from you. You should only pre-pay for Services you expect to use, as all pre-payments are non-refundable. Your credit balance will first be applied to your monthly plan charges, then to any other fixed monthly charges, then to any pay per use or variable charges. You acknowledge and agree that you are responsible at all times to keep a sufficient balance in your account to cover all services used.
(b) If you do not have sufficient credit on your account to allow the deduction of the monthly fee for the plan that you’ve chosen when it’s due, you will be notified by emails or text message and all your Services will be suspended. If you top up your account within 30 days of such notification to allow for the deduction of the applicable monthly fees, your Services will be reinstated. If you do not, your Services will automatically be terminated at the end of such 30 day period, you will forfeit any remaining credit balance. If you do not have sufficient credit on your account to allow the deduction of other fixed monthly charges or for pay per use charges, the relevant Services will be suspended until you top up your account with sufficient funds to allow for the deduction of such charges.13. Trial Periods
If you find that you and your new AltumView product(s) aren’t a perfect match within 15 days, return to the store where you made your purchase and as long as the product(s) are in like new condition, including the original packaging, accessories and receipt, we will provide a refund or an exchange. If you return the product(s) or cancel your Services within 15 days, no early cancellation fee will be charged but you will be required to pay for the one-time activation fee.
Extended trial period: People with disabilities may require additional trial time. AltumView provides a 30 day trial period during which customers who self-identify as having a disability can cancel their contract without penalty. Devices provided by AltumView that are in like new condition, and which include the original packaging, accessories and receipt, may be returned to the original purchase location.14. Promotions
We may, from time to time, offer promotions relating to our Services. When we offer promotions relating to our Services, we reserve the right to change the promotions we offer from time to time (including without limitation the terms and conditions applicable to such promotions) without notice. 15. Disclaimers
(a) Limitations of the Device and Services
The parties agree that the Device is not guaranteed to detect all possible abnormal events that it is designed for, and is not guaranteed to collect all information without any error. We cannotguarantee in any way that the device will prevent accidents, death or personal injury to you or others, property damage, illegal entry or undue delay in any emergency service response from occurring, and we are not liable in any manner for any injury, loss or damage resulting there from.
You understand that the Services provided by AltumView depend on reliable WiFi and internet connection. AltumView does not guarantee that the Device can connect to the internet at all times, or that an alert message generated by our Device will be received by every emergency contact at all times or within a short time frame.
When facilities of other companies or telecommunications systems are used in establishing connections to or from facilities and equipment controlled by you, we are not liable for any act, omission or negligence of the other companies or systems in relation to the provision of services to you.
The availability, access and quality of the Services may be impacted by things outside of our reasonable control, such as, without limitation, the weather or unforeseen faults or malfunctions (including failures of our servers or your Device). In addition, there may be disruptions to the Services due to upgrades, maintenance or other work, or governmental, regulatory or emergency service prioritizations or restrictions. We and our third party service providers will not be liable to you in any manner for such events or disruptions or for any failure to perform any of our obligations under these Terms of Services due to anything beyond our or their control, including, but not limited to, acts of God, war, acts of terrorism, government actions or failures by other suppliers or operators.
If you live in a jurisdiction that does not allow any of the following disclaimers of warranties or the exclusions or limitations (such as in some circumstances if you are a consumer residing in Quebec), such disclaimers, exclusions or limitations will not apply to you but only to the extent such disclaimers, exclusions or limitations are not allowed. In such case, such disclaimers, exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR THE WARRANTY STATED IN “DEVICE WARRANTY” ABOVE, ALL SERVICES, DEVICES, EQUIPMENT, ACCESSORIES AND SOFTWARE ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, AND WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN RESPECT OF THE SERVICES, ANY DEVICES, EQUIPMENT, ACCESSORIES, SOFTWARE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF WORKMANSHIP, MERCHANTABILITY, SATISFACTORY QUALITY, LATENT DEFECTS, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES WILL BE TIMELY, ERROR-FREE, SECURE, ACCURATE, RELIABLE OR UNINTERRUPTED OR THAT ANY MESSAGE WILL BE PROPERLY TRANSMITTED OR RECEIVED.16. Exclusion and Limitation of Liability
(a) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON IN ANY EVENT FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, SAVINGS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFIT OR SAVINGS OR OTHER NON-DIRECT, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE SERVICES, DEVICES OR EQUIPMENT, SOFTWARE, THE MATERIAL OR MESSAGES TRANSMITTED THROUGH THE SERVICES, THE FAILURE OR UNAVAILABILITY OF THE SERVICES, DEVICES OR EQUIPMENT, THE USE OF THE SERVICES, DEVICES OR EQUIPMENT OR SOFTWARE OR ANY UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION OR DESTRUCTION OF COMMUNICATIONS, INFORMATION OR DATA.
(b) IN NO EVENT SHALL ALTUMVIEW’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO ALTUMVIEW PURSUANT TO THIS AGREEMENT.
(c) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS OF SERVICES APPLY TO OUR ACTS OR OMISSIONS AND THOSE OF OUR AFFILIATES AND SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “SUPPLIER PARTIES”), AND WILL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR CLAIM INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY.17. Indemnity
You agree to indemnify and hold the Supplier Parties (as defined above) harmless from and against any and all claims, actions or demands, judgements against the Supplier Parties and all losses and expenses the Supplier Parties suffer, including without limitation reasonable legal and accounting fees, arising from or in connection with your use or misuse of the Services or any breach of these Terms of Service.18. Communications and Security
(a) You must have an e-mail address and internet access that are accessible through means other than the Services in order to use the Services, as we will use your e-mail address and/or our website to communicate with you, including communications to advise of suspensions or interruptions to Service. You are responsible for all equipment and services required for such e-mail and internet access. We may also send you communications by text message to your phone and, occasionally, by phone, voice-mail or regular postal mail.
(b) If you would like to contact us to discuss the Services, you may do it using any of the ways described on our website. You agree that legal claims against us must be sent to us by post or courier to our address at#607-220 Brew St., Port Moody, BC, Canada, V3H 0H6
(c) You agree that we are permitted to take steps to verify any person contacting us to validate that said person is authorized to access information, give us instructions and/or make changes in connection with your account, and that we will be entitled to treat all such communications as authorized by you if the person contacting us is verified. Verification may be done by a variety of methods, such as, as applicable, confirming your personal information, sending you a second factor authentication or verifying your ID.
(d) If you believe the security of your account
has been compromised, please notify us immediately. You will be responsible for all changes to your account, use of Services and charges, whether by you or anyone else, until you notify us. Once you notify us, we may suspend your account and may arrange for a new account to continue your use of the Services. Replacement of lost or stolen Devices will be your responsibility.
(e) When you notify us that your Device has been lost or stolen, we shall immediately suspend your Services at no charge and these Terms of Services will continue to apply, including your obligation to pay (i) all charges incurred before we received notice that the Device was lost or stolen; and (ii) either the monthly charge (plus taxes) if you continue with your services agreement or the early termination fee, if you decide to cancel your Services. If you notify us that your Device has been located or replaced and request that the Services be restored, then we shall restore the Services at no charge.19. Personal Information and Privacy
1. You or a person who, in our reasonable judgement, is seeking the information as your agent;
2. An agent used by us to evaluate your credit or collect outstanding balances owed to us by you, if the agent requires the information and agrees to use the information only for that purpose.
(b) We reserve the right (but have no obligation) to monitor usage of the Services and disclose information in order to satisfy legal, regulatory or governmental requirements, to properly administer the Services and to safeguard the Services, any data, software, networks or equipment used to provide the Services and our customers.20. Trade-Marks
The AltumView name and logos and other words, titles, phrases, marks, logos, icons and graphics are trademarks of, or used under license by, AltumView Systems Inc., which are protected by law and may not be used, copied, imitated or used in whole or in part without our prior written consent.
To the fullest extent permitted by applicable law, you agree that, unless we agree otherwise, all claims, disputes or disagreements (“Disputes”) between you and us relating to the Services, Terms of Services, Devices, equipment or any related promotions, advertisements, statements or communications will be determined and settled by confidential, final and binding arbitration to the exclusion of the courts by a single arbitrator in the forum and under the rules we mutually agree upon, failing which the British Columbia Arbitration Act will apply.
22. Governing Law
You agree that, to the fullest extent permitted by law, these Terms of Services will be governed exclusively by the laws of the province of British Columbia.
If any part of these Terms of Services is for any reason unenforceable, then that part will be considered severable from the Terms of Services without affecting the validity of the rest of the Terms of Service. The Terms of Services constitute the entire agreement between you and us in respect of the Services. You may not assign the Terms of Services or any of your rights or obligations under the Terms of Services, including by operation of law, without our prior written consent, which we may withhold in our discretion or make subject to conditions (such as a credit check, validation of identity or an administrative fee). We may assign the Terms of Services in our sole discretion. The Terms of Services shall benefit and be binding upon the respective successors and permitted assigns of the parties hereto. No waiver of any breach of the Terms of Services by you is effective unless made in writing and signed by us and, unless otherwise provided, is limited to the specific breach waived.Contact Us