Mobile Defender User Guide
Page 14
Wireless Network
Evolution Wireless does not guarantee the availability of the wireless network.
The Products may be subject to certain equipment and compatibility limitations
including memory, storage, network availability, coverage, accessibility and
data conversion limitations. Services (including without limitation, eligibility
requirements, plans, pricing, features and/or service areas) are subject to
change without notice. When outside of coverage area, the functionality of the
Devices and/or the Services may be limited or unavailable. As a consequence,
functionality and features that require wireless network, including the ability
to connect a call or send information, will depend, in part or whole, upon
variables that may be beyond the control of Evolution Wireless or its Third
Party Service Provider.
Location Service
Evolution Wireless does not guarantee the availability of the GPS network. GPS
technology for location services works best when there is line–of–sight
visibility between the chipset contained in the Devices and the GPS satellites
orbiting Earth. As such, GPS technology may not provide a location fix and/or
an accurate location fix when: 1) You are indoors or in a location where terrain
or building materials obstruct the GPS satellite signals; and 2) GPS satellite
service is interrupted or disrupted due to equipment or network limitations,
atmospheric conditions, and other causes associated with the use of satellites
and satellite data. As a consequence, location–finding capabilities, including the
ability to locate the Device during an emergency, will depend, in part or in
whole, upon variables that may be beyond the control of Evolution Wireless or
its Third Party Service Provider.
You are responsible for ensuring that the Device is properly charged and
powered on as low battery may result in the inability to place a call and/or
properly locate you in the event of an emergency.
Since the Products are designed to operate in a mobile environment, the ability
to provide accurate location information in the absence of accurate GPS fix
locations will depend upon the availability and accuracy of the user to provide
information. The Device user may provide location information orally during
the emergency. Evolution Wireless is NOT responsible for inaccurate location
information, whether provided by the Device user and/or calculated based on
the GPS chipset in the Device.
You understand and agree that Evolution Wireless does not guarantee the
wireless network, the GPS network location services and fall detection services
used with the Products, and is not responsible for the sending and receiving
and/or responding to events (ie. calls, alerts) generated by the Products and
you understand and agree that there are technical and service limitations to
wireless networks , GPS network location services, and fall detection services
as well as limitations to emergency response units you expressly agree that any
such limitations are not the fault of Evolution Wireless.
Consent to Communications from Evolution Wireless:
In addition to the Privacy Policy, please understand that it is important that
Evolution Wireless be able to contact you from time to time in order to provide
you with a better Products experience. To assist Evolution Wireless in reaching
you, you agree to give us an email address (your “
Primary Email Address
”)
and you consent to receive emails at your Primary Email Address for any
purpose relating to this Agreement. You also agree that we may call you at the
phone numbers you supply us with, and you agree that calls may be made using
any method, including automatic telephone dialing systems, an artificial or
recorded voice, or via text or email messages sent to a wireless device. If your
wireless provider charges you for text or email messages, you are responsible
for any such charges.
You agree that when you provide us with a wireless phone number that we are
authorized to send you service related text messages and service related
questions about your device and service experience during the term of this
Agreement.
You must notify us immediately if your Primary Email Address or phone
number(s) change. You agree to regularly check your Primary Email Address
for communications from us.
Access to Account:
You expressly authorize us to act upon the direction of a person you have
authorized to make changes to your account using authentication information
that we determine is appropriate. Such action may include providing
information about the account or making changes to your account.
Information Tracking and Sharing:
Evolution Wireless through a Third Party Service Provider collects various
information about you and your use of the Products, including but not limited
to information about the approximate location of your Device in relation to the
GPS. You agree that all such information may be provided to any contacts you
have designated through any applications related to the Products, as applicable
based on the service plan you have subscribed to, as we reasonably believe is
necessary or would be helpful to them in providing you with assistance.
In addition, we use your location information, as well as other usage and
performance information to provide you with the Services. It is your
responsibility to notify users on your account that we may collect and use
location information from the Device. Please visit caretrak.ca/privacy to review
the associated Privacy Policy to learn how Evolution Wireless handles your
personal information, including location information.
You understand and agree that in conjunction with the provision of services, we
may monitor and/or electronically record cellular transmissions related to the
Services, as well as conversations with you or others. That information and/or
recordings or transcriptions of cellular transmissions or conversations may be
shared with emergency responders or your emergency contacts as we
reasonably believe is necessary or would be helpful to them in providing you
with assistance.
You agree that Evolution Wireless is not responsible for the loss or disclosure
of any sensitive information that you transmit.
Legal Compliance:
You expressly agree that you are subject to and will comply with all applicable
laws and regulations related to your use of the Products.
You acknowledge that Evolution Wireless may be required by applicable law to
disclose communications and records stored by Evolution Wireless, including
communications related to your use of the Products, to government agencies,
law enforcement, or third parties pursuant to court orders or other legal
process. You consent to such disclosure.
The Products are protected by trademark, copyright, patent and/ or intellectual
property laws with which you agree to comply.
Term of Agreement:
Trial Period Return Policy
If you return your device within the 15 calendar days from your date of receipt
of the Device (the “
Trial Return Period
”), then, subject to your compliance
with the terms and conditions of this section, you will receive 100% of your
original purchase price for the Device and service fees paid at the time of
purchase. During the Trial Return Period, your return may be for any reason.
To be eligible for a refund, you must call Customer Service to obtain an
authorization number, the Device must be in substantially new condition, and
the return must be post-marked (or otherwise delivered to the relevant carrier
or received by us) by the 15th day after the date of your receipt of the Device.
Refunds will not be issued for Devices that have been damaged or altered in any
way, including by affixing adhesive or other items to the Device. For all returns,
including returns within the Trial Return Period, you will be responsible for the
shipping costs to our designated facility. Refunds will not be issued for
activation fees, original shipping fees, or any other fees or costs whatsoever.
Term and Termination
Subject to any Materials received at the time of purchase, your Agreement
begins when the Device is activated, and continues month-to-month or for a set
period of time (ex. 6 months, 12 months), (the “
Term
”). At the end of the Term,
this agreement will automatically renew until terminated by you or Evolution
Wireless. In the event of termination, you will be billed until the end of the
month in which you terminate your Agreement.