Terms and Conditions
Effective: March 23, 2023
UPDATING OUR TERMS AND CONDITIONS
We reserve the right, at our discretion, to update, change, modify, add, or remove portions of these Terms and Conditions at any time in order to conform them to our business practices. All changes are effective immediately when we post them and apply to the use of Red Dot Alerts™ products and services and all access to and use of the Website thereafter. Your continued use of the Website and Services thereafter constitutes your acceptance of such changes.
This Agreement is between Red Dot Alerts™ (“Company”) and the Subscriber, sometimes referred to herein as “you” or “your”. This Agreement constitutes the entire agreement between you and Red Dot Alerts™ and governs your use of Red Dot Alerts™ products and services, superseding any prior agreements with respect to the same subject matter between you and Red Dot Alerts™. Red Dot Alerts™’s failure to enforce any right or provision in this Agreement or waiver of any breach of this Agreement by you will not constitute a waiver of subsequent breach or any other provision. This agreement is binding upon you and your heirs, executors and permitted assigns.
SCOPE AND TERM OF AGREEMENT
The Subscriber hereby agrees to pay Red Dot Alerts™ a monthly fee plus applicable taxes for rental/purchase of appropriate equipment and/or monitoring service. Terms begin on the activation date and shall automatically renew for an additional 30 days. under the same terms and conditions for successive periods of 30 days, unless the Subscriber gives at least one month’s written notice of intention to terminate this Agreement upon any expiration date. Termination of service is subject to clauses further contained in this Agreement.
The Subscriber personally guarantees the equipment rental and/or monitoring service payments. Red Dot Alerts™ reserves the right to adjust prices to reflect changes in costs without prior consent of the Subscriber. Red Dot Alerts™ will do its best to advise Subscribers of any changes in fee structure.
DUTIES OF THE COMPANY
Red Dot Alerts™ will perform its services in accordance with the terms of this agreement in the following manner. The Company will make reasonable efforts to monitor equipment or have it monitored through a third party 24 hours a day and 7 days a week. If Red Dot Alerts™ receives a signal from the equipment, it will use reasonable efforts to notify the appropriate emergency response contact as designated and provided by the Subscriber. The Subscriber agrees that Red Dot Alerts™ may rely absolutely on the statements of the Subscriber, emergency contacts as provided by the Subscriber, first responders (police, fire or ambulance), or any other person who states they are acting on behalf of the Subscriber, with respect to the location and condition of the Subscriber. Red Dot Alerts™ is not responsible for the promptness, sufficiency, or adequacy of the action of any emergency contact, first responder, or third party acting for the Subscriber. The company’s duties in this agreement are satisfied by attempting to contact the aforementioned individuals. You the Subscriber agree that Red Dot Alerts™ in no way represents or guarantees that emergency contacts, responders or third parties can be contacted, can or will respond, or that any response will be safe and effective. An agent or other representative of Red Dot Alerts™ cannot serve as a Subscriber’s emergency contact.
DUTIES OF SUBSCRIBER
Red Dot Alerts™ relies on telephone lines and/or cellular networks to receive signals from the equipment to perform its services. If there are any problems with the telephone network, the Subscriber’s line, or the cellular coverage, Red Dot Alerts™ will not be able to monitor the equipment and will not be aware assistance is required. During any disturbance to the aforementioned, Red Dot Alerts™ has no means and therefore no obligation to perform its services. If phone lines are in use, the Subscriber acknowledges Red Dot Alerts™ will be unable to contact the emergency contacts or responders. Should the Subscriber want to install technology to ensure these problems do not occur, it is up to the Subscriber to do so. Subscribers using fall detection products acknowledge they understand that fall detection products may not detect 100% of falls. Subscribers should always press their button when help is required if they can. Mobile systems rely on Bluetooth, cellular, GPS and global position satellites which may not always be available, accurate or within range.
Red Dot Alerts™ is in no way responsible for any disruption in service for these reasons or any others and the Subscriber agrees to indemnify Red Dot Alerts™ for any and all inability to render services for any reason whatsoever. Subscribers agree to fully indemnify Red Dot Alerts™ for any changes or errors in information entered to the Mobile online platform whether that information was entered by Red Dot Alerts™ or any other party whatsoever.
MOBILE DEVICE NETWORK SERVICE TERMS
The Mobile Device requires enough local cellular network service coverage. Regional service can be affected by local conditions unknown to Red Dot Alerts™. The actual service area, network availability, coverage and quality thereof may vary based on factors, including network capacity, terrain, weather, scheduled or unscheduled maintenance events or if your device no longer supports the network technology in the area. Outages and interruptions in service may occur, and speed of service varies at the network’s discretion. Devices also have varying speed capabilities and may connect to different networks depending on technology. Coverage maps approximate anticipated coverage area outdoors. Even within coverage areas, network changes, traffic volume outages, technical limitations, signal strength, obstructions, weather and other significant events may affect speeds and service availability. At times and at locations where the number of customers using the network exceeds available network resources or there are limited amount of network resources in the area or in operation, customers may experience reduced data speed or latency in reporting intervals. Lack of coverage, outage in coverage, or termination of coverage is subject to the network provider and is independent of Red Dot Alerts™. The Company cannot be held liable for changes in third-party coverage.
FINES, FEES & PAYMENT
Red Dot Alerts™ is hereby authorized to periodically draw payment under its pre-authorized payment plan from the bank account or credit card obtained from the Subscriber through the Company’s onboarding materials and paperwork. The Subscriber will notify Red Dot Alerts™ of any change in account information or ownership including banking information and credit card expiry dates.
Following a false alarm regardless of reason or circumstance, the Subscriber shall pay all fines and fees associated with its consequences such as but not limited to fees imposed by a municipality, police force, ambulance or paramedic service. Red Dot Alerts™ will not be held responsible for forced entry damages that results from any occurrence or circumstance surrounding its services.
The customer is responsible for returning the rental equipment back to Red Dot Alerts™ in good working condition when the services have been terminated. In the event the customer does not return the device or it is damaged, a replacement cost may be applied to the customer’s account to recover losses. In the event the customer purchases the device upfront, they will not be responsible for returning the device to Red Dot Alerts™.
DEFAULT AND/OR TERMINATION
In case of default and/or termination by the Subscriber in respect to the terms of the current agreement, Red Dot Alerts™ may unilaterally end the Agreement and claim further damages to the extent of all fees due to the end of the current term and all terms already renewed, interest, and penalties incurred. Late payments will incur interest charges of 2% monthly. Accounts with balances past 90 days may be sent to collection. Any pre-authorized or credit card payments returned or refused for any reason will be billed at $25 per incident.
NO LIABILITY, INDEMNITY
RED DOT ALERTS™ OR ITS CONTRACTOR IS NOT LIABLE TO THE SUBSCRIBER, EMERGENCY CONTACTS, RESPONDERS, OR ANY OTHER PARTIES FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY PERSONAL INJURY, PROPERTY DAMAGES, LOSS OF BUSINESS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY OR RELATED TO THE EQUIPMENT, ITS MANUFACTURING, INSTALLATION, FUNCTIONING OR OPERATION. YOU THE SUBSCRIBER AGREE TO INDEMNIFY RED DOT ALERTS™ AND ITS EMPLOYEES AND ITS CONTRACTORS AGAINST, AND SHALL PROTECT THE COMPANY AND ITS EMPLOYEES AND ITS CONTRACTORS FROM ALL LOSS, COSTS, LIABILITIES, CLAIMS, LEGAL PROCEEDINGS AND EXPENSES ARISING IN CONNECTION WITH: THIS AGREEMENT; THE MANUFACTURING, SELECTION, PURCHASE, OWNERSHIP, DELIVERY, INSTALLATION, POSSESSION, USE, MONITORING, LOSS OR RETURN OF EQUIPMENT, TAXES, ANY DEFAULT, OR THE EXERCISE BY US OF OUR RIGHTS HEREUNDER. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT ANY TEMPORARY DISRUPTION IN THE AFOREMENTIONED SERVICES OR NON-PERFORMANCE BY THE COMPANY, ITS EMPLOYEES OR ITS CONTRACTORS CAUSED BY STRIKES, RIOTS, FLOODS, STORMS, EARTHQUAKES, POWER FAILURES, INTERRUPTIONS OF TELEPHONE OR CELLULAR SERVICES, GOVERNMENT REGULATION, ACTS OF GOD OR CATASTROPHE IS BEYOND THE CONTROL OF RED DOT ALERTS™, ITS EMPLOYEES OR ITS CONTRACTORS AND SERVICES MAY NOT RESUME FOR AN UNDISCLOSED PERIOD OF TIME. THE SUBSCRIBER SHALL WAIVE ANY RIGHTS YOUR INSURANCE COMPANY MAY HAVE TO BE REIMBURSED BY RED DOT ALERTS™ , ITS EMPLOYEES OR ITS CONTRACTORS PAID TO YOU ON YOUR BEHALF. RED DOT ALERTS™ IS NOT AN INSURER FOR MEDICAL, DISABILITY, LIFE, OR ANY OTHER INSURANCE.
OUR LIMITED LIABILITY
Red Dot Alerts™ makes no express warranty concerning the operation of the system. Subscriber agrees that should there arise any liability on the part of Red Dot Alerts™, its representative or its contractors, as a result of Red Dot Alerts’™ negligent performance to any degree or negligent failure to perform any of Red Dot Alerts’™ obligations pursuant to this agreement or any other legal duty, or equipment failure, or strict liability, that Red Dot Alerts’™ liability shall be limited to the sum of $500.00.
Subscriber agrees to defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless Red Dot Alerts™, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys’ fees and losses, asserted against and alleged to be caused by Red Dot Alerts™’s performance, negligence or failure to perform any obligation under or in furtherance of this agreement. Parties agree that there are no third-party beneficiaries of this agreement.
WAIVER OF SUBROGATION
Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber’s insurance carrier may otherwise have against Red Dot Alerts™ or Red Dot Alerts™ ‘s subcontractors arising out of this agreement or the relation of the parties hereto.
COMPANY’S RIGHT TO SUBCONTRACT
Subscriber agrees that Red Dot Alerts™ is authorized and permitted to subcontract any services to be provided by Red Dot Alerts™ to third parties who may be independent of Red Dot Alerts™, and that Red Dot Alerts™ shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Subscriber appoints Red Dot Alerts™ to act as Subscriber’s agent with respect to such third parties, except that Red Dot Alerts™ shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to Red Dot Alerts™’s disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and Monitoring Center of Red Dot Alerts™.
SUSPENSION OF MONITORING SERVICES
Red Dot Alerts™ may, without prior notice, suspend or terminate its services, in Red Dot Alerts™’s sole discretion, in the event of civil unrest, rioting or natural disaster which renders monitoring or first responder response impractical, or in event of Subscriber’s default in performance of this agreement or in event Monitoring Center facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms or runaway signals.
REPRESENTATIONS AND WARRANTIES
Red Dot Alerts™ acts strictly as a re-seller of equipment for the manufacturer. All products include manufacturer warranties as described by the manufacturer, subject to terms and conditions as outlined by the manufacturer. By entering in this Agreement you represent and warrant that the information within it and provided by you to Red Dot Alerts™ is complete and accurate. No collateral warranties either verbal or written govern the services of Red Dot Alerts™, aside from manufacturer warranties. This Agreement trumps all verbal warranties by employees, associates, or agents of Red Dot Alerts™.
Returns for whatever reason including but not limited to exchange, warranty, repair must be sent via a recognized courier to the following address:
Red Dot Alerts™ receiving
101-920 Belfast Road
Before the return of any Red Dot Alerts™ system equipment, the Subscriber shall contact
the Company to receive an authorization number. A full termination of a subscription will only take effect once Red Dot Alerts™ authorizes the return, receives all equipment, and the equipment is in good condition. The Subscriber shall cover all shipping costs.
SUBSCRIBERS RIGHT TO CANCEL
You may at any time cancel this Agreement by returning Red Dot Alerts™ equipment to the address aforementioned. Cancellation takes effect upon receiving the notice or any later date you specify. Red Dot Alerts™ will retain all administrative fees and you will be subject to a cancellation fee.
This Agreement shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein. All funds referred to in this Agreement are in Canadian dollars. This Agreement can be modified by mutual agreement of the parties.
If you have any questions or concerns regarding these Terms and Conditions, please contact:
Customer Support: 1-888-557-2019
We develop personal alert solutions to provide peace of mind to our clients and their loved ones anywhere in Canada where there is cell coverage.
How It Works
Our personal alert solutions are connected 24/7 and 365 days a year, with access to bilingual help just a touch of a button away.
Who We Help
We provide support to people of any age who need an extra sense of security when they are on their own.