This agreement outlines our commitments to our users (such as the level of service and support they are entitled to) and a user's obligations to us (such as how the service is paid for and what details need to be provided).
1. TERMS USED IN THIS AGREEMENT
For the purposes of this agreement the terms "you" and "your" refer to the accountholder. The terms "we", "us", "Safe-Tag", and "safe-tag.com" refer to the administrators of the safe-tag.com website as laid out below (see 8, "PARTIES"). The term "account" refers to the facility provided by Safe-Tag whereby you are granted access to the user portal where your personal details are stored and the accompanying service of making these contact details available to certain individuals who find lost articles identified by a "Safe-Tag ID" belonging to you and for configuring how you want to be contacted when such a report is made.
2. OUR OBLIGATIONS TO YOU
2.1 - Account Activation
Subject to the provision of a genuine and correctly spelt email address capable of receiving emails from Safe-Tag (including emails generated automatically by a computer) Safe-Tag is obliged to provide you with the means of activating your account to allow you to access the restricted areas of the site. This is normally done via an activation code sent by email. In the event that you do not receive the email containing the activation code Safe-Tag is obliged to activate your account manually for you within two working days of notification of your problem, combined with proof that the email address you have provided is capable of receiving emails. Acceptable proof includes (but is not limited to) an email received from the address in question, or the quotation of a manually generated code, sent to the address in question, in an email from another address. All correspondence must include clear reference to the problem in hand and the required action to be taken.
2.2 - Availability
While your account is open and not contravening any of the terms laid out in this agreement Safe-Tag is obliged to grant you access to the user portal on safe-tag.com via a unique username and password. While every effort is made to ensure that the site is available at all times there may be occasions when, due to unforeseen technical difficulties that may affect the server, the internet in general, or other equipment, the site (including the user portal) may be unavailable. Safe-Tag makes no representation that the user portal will be available at all times and accepts no liability for any temporary unavailability, for which no refunds will be made.
2.3 - Notification Emails
Safe-Tag is obliged to compile and send to you any notification emails generated when someone reports your Safe-Tag as found, however we are not responsible for the delivery of these emails once they have been sent from our server, and no refunds can be made for non-receipt of these emails due to the policies and functioning of other companies and systems that you rely on for email delivery. You understand and accept that no guarantees can be given regarding the way in which your own software may display these emails, and we cannot accept liability or offer refunds for any failure of your software to display these emails correctly, or for any impaired functionality or appearance. You also agree and understand that notification emails for Safe-Tags that are created by you and not "Upgraded" will be delayed by up to 2 hours prior to delivery.
2.4 - Customer Support
Safe-Tag is obliged to respond to any support request within two working days, subject to the provision of a correct and working email address. No support can be provided by any other means than by email, including by telephone.
2.5 - Account Security
Safe-Tag is obliged to take all reasonable precautions to ensure that your account is secure and that your personal details are not accessible to any third party operating in the normal course of business. With regard to your payment card details, these will be held securely by the payment processor "Stripe", and will not be available via the Safe-Tag site. All information exchanges including your card details will be carried out over secure connections. Safe-Tag accepts no responsibility for and cannot be held liable for any losses arising from loss of data or the compromising of sensitive data as a result of actions beyond its control, including (but not limited to) hardware failure, software failure, or malicious attacks by third parties. Safe-Tag must not and will not knowingly discuss or disclose your account or any of your personal details with, or act upon any request made in relation to your account by any person who does not provide your full username and password as proof of identity or accountholder authority.
3. YOUR OBLIGATIONS TO US
3.1 - Email Address
To activate your account and gain access to the user portal you are required to provide an active email address capable of receiving emails from Safe-Tag, and evidence that you are able to receive emails sent to it, either by clicking the link provided in the welcome email sent to your email address upon account creation, by entering the account activation code also sent in this email in the appropriate form on the website, or by sending an email from the account (clearly stating the purpose of the email) which is then received by us. You have no right to access the site until you have provided evidence in one of the above forms that the email address you have given is capable of receiving emails.
3.2 - Changes to Email Address
Should you at any point stop being able to receive emails at the address you provide you must inform us and change your email address on file with us. If your failure to inform us of your change of email address later causes problems with receiving notification emails, you will not hold Safe-Tag responsible.
3.3 - Payments
Safe-Tag's services are not provided until payment has been successfully processed via our authorized payment processor, "Stripe".
3.4 - Account Security
As a user of the Safe-Tag website you must keep your login details protected and never share them with any other person. If activity on your account suggests that your login details have become compromised your account may be temporarily disabled. A password reset would then be required.
5. ACCOUNT DURATION AND TERMINATION
5.1 - Duration
Your account will remain active from the point at which you enter your activation code until you close it. This is excepting interruptions to service caused by technical errors, possible security issues (see 2.5 and 3.4), suspensions imposed due to account misuse (see 5.2), or suspected account misuse at Safe-Tag's discretion.
5.2 - Account Misuse
Safe-Tag reserves the right to close without warning any accounts being misused. Possible forms of misuse include, but are not restricted to the following: (i) incorrect information - if the information you provide about yourself is false or incorrect you may be denied access to your account or your account may be closed. This applies in particular to the sign-up process where the use of a false or inaccurate email address, or one which cannot receive emails from Safe-Tag, will render you unable to activate your account, for which we accept no responsibility and for which no refunds will be issued. (ii) abnormally high volume of traffic - if it is determined or suspected that you are using the system via an automated system or script. (iii) security violations - if it is determined or suspected that you are attempting to make our application behave in any way not intended by Safe-Tag. No refunds will be given for any accounts closed due to misuse.
6. TECHNICAL REQUIREMENTS
To use Safe-Tag's services you will need certain equipment, not supplied by Safe-Tag. This includes a computer, an internet connection, and the necessary software to browse the internet and access emails. Safe-Tag and notification emails are designed for and tested on Google Chrome run with its default settings. Performance on other applications cannot be guaranteed, and no assurance can be provided that Safe-Tag services can be used with any configuration of computer, software, and settings. The necessary programs to utilise Safe-Tag services are available for free on the internet, and as such no refund can be made for any failure of your own equipment to receive, process, and correctly display Safe-Tag services.
7. REFUNDS POLICY
Refunds will be given at the discretion of the company management, and only in circumstances where Safe-Tag has failed to fulfil its obligations as laid out in this agreement. Applications for refunds must be made by contacting Safe-Tag through listed Contact Methods and cannot otherwise be considered. A refund will be provided if there has been a failure on the part of Safe-Tag to fulfil its obligations as laid out in the terms of this agreement. Refunds, where suitable, will be provided either wholly or in part, as deemed appropriate by the company management.
8. PARTIES
The parties to this contract shall include (i) any person using the Safe-Tag website or user portal (referred to above as "you" or "your"); and (ii) the administrators of the Safe-Tag website, being at this time Mavoy LLC, trading as "Mavoy LLC" and "Safe-Tag" from Vancouver, WA, United States (referred to above as "we", "us", and "Safe-Tag"). In the event of the sale or transfer of the website or business the contract will pass to the new administrators of the site.
9. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, SAFE-TAG DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SAFE-TAG PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE TERMS ON AN “AS IS” BASIS.
10. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and defined following the laws of Clark County in the State of Washington, USA and yourself irrevocably consent that the courts of Clark County in the State of Washington, USA shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
These terms and conditions are the current terms and conditions covering Safe-Tag and supersede any previous terms and conditions and may be superseded in themselves or amended in future without prior consultation.