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Terms of service

This Website www.famguards.com is owned and operated by FamGuards LLC. Throughout the site, the terms ( “We” , “Us”, “Our”, “Famguards”, “FamGuards” ), refer to FamGuards LLC Located in Florida, USA

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Any such change will be effective immediately upon posting the modified version of these terms and conditions, as applicable, on the website.

To the extent permitted by law, you agree that no specific notice of any such modification will be required to be given to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRICES, ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You understand and agree that our products and (or) services prices include the cost of product plus our profit margin.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

TERM COMMITMENTS:

Your plan and simcard are provided by speedtalkmobile.

your plan is $5 manageable pay as you go plan.

as per speedtalkmobile each 1 min voice call or part of min ( calling or receiving ) will consume 2 cents, each sms will consume 2 cents, each 1 mb data will consume 2 cents.

FamGuards has no relation with speedtalkmobile, your plan usage, renewal, refill, coverage is a relation between you and speedtalkmobile only.


OUR RIGHT TO INTERRUPT OR TERMINATE YOUR SERVICE:
We may interrupt or terminate a service without notice:

If we have reasonable cause to believe that your device is being used for an unlawful purpose or in a way that:
(1) is harmful to, interferes with, or may adversely affect our provision of the service
(2) interferes with the use or enjoyment of services received by others,
(3) infringes intellectual property rights,
(4) results in the publication of threatening or offensive material,
(5) constitutes a security risk or a violation of privacy.

LIMITED WARRANTY:

Subject to the exclusions contained below, famguards llc warrants its devices to be free from defects in materials and workmanship under normal consumer usage for the term of coverage outlined below. This limited warranty is a consumer’s exclusive remedy, and applies as follows only to new devices purchased from us.

The products shall be covered under this warranty for a period of 30 days from the date of your purchase.
The following are excluded from coverage under this warranty:
Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage;
Batteries. Only batteries whose fully charged capacity falls below 80% of their rated capacity and batteries that leak are covered by this limited warranty;
Devices not purchased on www.famguards.com are excluded from coverage;
Misuse, defects or damage that results from:

(i) Improper operation, storage, misuse, accident or neglect, such as physical damage (cracks, scratches, etc.) To the surface of the product resulting from misuse;

(ii) Some of our Devices are water resistant but they are not waterproof, water, liquid damage is not covered under warranty

(iii) The watch bands are not designed to withstand pulling, tugging, biting, ripping or other mistreatment. Damage as a result of this treatment is not covered under warranty.

(iv) Charger cable and charging pin are not covered; misuse of inserting the charger cable in the watch charging pin in wrong way which may damage the charging pin is not covered by this warranty.

(v) Free products, packages, services are not covered by this warranty

Unauthorized service or modification. Defects or damages resulting from service, testing, adjustment, installation, maintenance, alteration, including without limitation, software changes, or modification in any way are excluded from coverage;
Devices with
(i) IMEI or code numbers that have been removed or altered or obliterated;

(ii) Broken seals or that shows evidence of tampering;

(iii) Mismatched board serial numbers;

Transferability: This warranty extends only to the first consumer purchaser, and is not transferable.

Discounted products: All products, packages, services purchased with discount 50% or more are covered for 15 days only instead of 30 days.
Actions: FamGuards LLC, at its option, will at no charge repair, replace or refund the purchase price of any product.


COVERAGE; TECHNICAL LIMITATIONS, NETWORK SHUTDOWN:
FamGuards LLC does not guarantee wireless network availability.
You understand and agree that your device requires a network converge to work, you may not be able to use the app or the device if the device was out of coverage area.
You may not be able to locate your device or to communicate with the device and the device holder if the watch was out of coverage area or you don’t have valid and loaded data plan.
You understand and agree that communicating with your device require having data service in both (your mobile phone and your Device).
You understand and agree that your device use 2G network provided by third party, you understand and agree that your device will not work without 2G network and you understand and agree that the 2G network provider may shutdown this service temporary or permanently at any time, you agree that our company or any of its owners or staff will not have any liability or responsibility for such shutdown and you are purchasing our products on your own risk.

You understand and agree to such technical limitations and expressly agree to indemnify and hold us harmless from any and all injuries that result from the device or services not working, malfunctioning, or failing except as specifically provided herein.

REFUND POLICY

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

If you installed the APP and registered your watch, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it, It must also be in the original packaging.


To complete your return, we require a receipt or proof of purchase from us.

Refunds:

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

At the time of return ,if you already activated your plan then an additional amount of $15 will be deducted from your refund, if you didn’t activate your plan then this amount will not be deducted.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at info@famguards.com

Exchanges

We only replace items if they are defective or damaged.  If you need to exchange it for the same item, send us an email at info@famguards.com and send your item to: 409 Water St, Kissimmee, Florida US 34747.

Shipping

To return or exchange your product, you should mail your product to: 409 Water St, Kissimmee, Florida US 34747

You will be responsible for paying for your own shipping costs for returning or exchanging your item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

We recommend that you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

You can review the most current version of Refund policy at any time on this page.

We reserve the right to update, change or replace any part of this policy by posting updates and/or changes to our website. Any such change will be effective immediately upon posting the modified version of this policy on the website.  


TAXES & GOVERNMENT FEES:
You agree to pay all federal, state and local taxes, fees and other assessments that we are required by law to collect on the services we provide you and remit to the government. These charges may change from time to time without advance notice. E911 Fees $0.4 will be added to your total bill if you are buying any applicable product or service in Florida.

If you are claiming any tax exemption, you must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.



YOUR SERVICE AND DEVICE.
We may change rates, fees, expenses, charges or method of calculating charges regarding any of our products or services at any time.

You understood and agree that using the Apps on your mobile phone require and use internet.


You understand and agree that some photos on our website, our sales channels may slightly vary from the actual products photos.

You understand and agree that all products names on our website may or may not be as per the manufacturers’ products names.


AVAILABILITY AND ORDER LIMITS.
Availability of the product shall be posted at the website and may change from time to time at FamGuards sole discretion, without notice.
Famguards may place a limit on the number of units of the product you may be purchased per order.
Famguards may refuse or reject any order at any time, refunding the purchase price paid for the order in its sole discretion.

DISCOUNTS, OFFERS AND FREE ITEMS

Any of our discounts or offers can’t be applied with any other offer or discount, and it has no cash value.

We may give any customer an additional discount at our sole discretion without input or consent from anyone.

We may offer free items, products or services to any person at our sole discretion without input or consent from anyone.

 

INTERNATIONAL USAGE:
Your device can work outside United States but your plan is set to work inside United States only.

If you want to use your device outside united states then you must purchase (GSM Sim card with open GPRS ) with plan voice, text & data from the country that you want to use the device in.

COMPLIANCE WITH LAW:
The devices and services are intended to be used in a lawful manner. You are responsible for using your device and the services in a manner that complies with applicable local, state, regional, federal or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. FamGuards LLC will not render advice on the legality of a particular use. If you are unsure of the legality of a particular use, please consult your legal counsel. You agree to indemnify and hold FamGuards LLC harmless from your unlawful use of a device or service.

GENERAL LIMITATION OF LIABILITY:

The following limitations of liability apply. A service may be interrupted, delayed, terminated or limited for a variety of reasons, including but not limited to environmental conditions, unavailability of radio frequency channels, problems with the facilities of interconnecting carriers or application server or developer.

We do not guarantee you uninterrupted service or coverage. We cannot assure a user of a device will be located, or that if you place a call you will be found. We do not guarantee health and fitness information will be accurate.

FamGuards LLC makes no warranty, express or implied, of merchantability or fitness for a particular purpose, suitability, accuracy, security, health information or performance regarding any services, software or goods, and in no event shall FamGuards LLC be liable, whether or not due to its own negligence,

For any:

(a) Act or omission of a third party;

(b) Mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the services or related software.

(c) Damage or injury caused by the use of services or device.

(d) Claims against you by third parties;

(e) Damage or injury caused by a suspension or termination of services by FamGuards LLC

(f) Damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.

Unless prohibited by law, FamGuards LLC is not liable for any indirect, special, punitive, incidental or consequential losses or damages you or any third party may suffer by use of, or inability to use, services, or devices provided by or through FamGuards LLC, including but not limited to loss of business or goodwill, revenue or profits, or claims of personal injuries.

To the full extent allowed by law you hereby release, indemnify, and hold FamGuards LLC and its officers, directors, employees and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, the services provided by FamGuards LLC or any person’s use thereof or of the device (including but not limited to, vehicular damage and personal injury), including claims arising in whole or in part from the alleged negligence of FamGuards LLC, or any violation by you of this agreement.

FamGuards LLC is not liable to you for changes in operation, equipment, or technology that cause your device or software to be rendered obsolete or require modification. Some states do not allow disclaimers of implied warranties or limits on remedies for breach. Therefore, the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may have other rights which vary from state to state.

Our services and devices are not substitutes for any person care.

Our devices and services are not substitute for supervision of any person using the device, and should not be used as such.


OTHER IMPORTANT TERMS:
Subject to federal law or unless the agreement specifically provides otherwise, this agreement is governed solely by the laws of the state of Florida, without regard to the conflicts of law rules of that state. If either of us waives or does not enforce a requirement under this agreement, we do not waive our right to later enforce that requirement. Except as the agreement specifically provides otherwise, if any part of the agreement is held invalid or unenforceable, the rest of this agreement remains in full force and effect. You may not assign the agreement or any of your rights or duties under it. We may assign the agreement. The agreement as defined herein makes up the entire agreement between us and supersedes any prior written or spoken agreements. You cannot rely on any contradictory statements by sales or service representatives. The rights, obligations and commitments in the agreement that, by their nature, would logically continue beyond the termination of services (including, but not limited to, those relating to dispute resolution, no class action, no jury trial), survive termination of services.

Monitor Function : Your device/ Watch can be voice monitored by the App user, You understand and agree that it is your responsibility to inform the device holder and all people that you may monitor using your App, that his device can be monitored buy the APP user, our company has no responsibility of the use of this function or violation of the privacy rights of the device holder or any other people.

ASSIGNMENT:
FamGuards LLC may assign the rights of this contract to third parties at its sole discretion without input or consent from you.

CONTACTING US:
If you have any questions concerning this customer agreement, please contact us at famguards@outlook.com


FamGuards LLC

Updated 04/08/2018

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