We reserve the right to change these terms and conditions at any time without notice, and you agree to abide by the most recent version of this Terms and Conditions of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms and Conditions of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.
PGI shall make every effort to provide a high level of availability for the mobile network. However, PGI is unable to guarantee continuous, fault-free operation of its mobile network or certain transmission times or capacities. PGI reserves the right to service its mobile network or platform at any time, which may result in temporary disruptions. No representations or guarantees are made in respect of availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines. No guarantee may be given for absolute protection of PGI’s network against unauthorized access or interception. PGI shall assume no liability for any such occurrence. PGI may at any time adapt or interrupt its services. PGI may engage at any time a third party to fulfill any of its obligations under this contract.
Limitation of Liability:
PGI shall not be liable for any indirect, incidental, special or consequential damages, resulting from the use or the inability to use the product or any services attached to it, including but not limited to, damages for loss of life, profits, use, data, or other tangible or intangible asset or person, even if PGI has been advised of the possibility of such damages. Products manufactured and or sold by PGI require the use of communication networks provided by third parties over which PGI has no control. User agrees that PGI will not be held responsible for the quality of service provided by these third parties. Failure by these third parties to provide satisfactory service shall not be grounds to seek any legal action or refund from PGI.
PGI shall under no circumstances be liable for the following:
1.1 Permanent expiration of wireless communication services resulting from failure to use at least 1 Credit from each device on your account within any 18 month period;
1.2 Direct damage caused as a result of restriction of the services or their cessation;
1.3 Damage arising from an intentional act or gross negligence on the part of PGI, its employees or representatives;
1.4 PGI shall not be responsible for damage caused as a result of non-supply of telecommunications (wireless) services and auxiliary services, their suspension, limitation or cessation that arises from any intentional or unintentional act of PGI in so far as this is necessary for taking a telecommunication’s action or providing a telecommunication’s service, or for the prevention of or cessation of fraud.
1.5 PGI shall not be liable for damage caused as a result of an error in the provision of telecommunication’s services, an error in a telecommunication’s number or its deletion, failure to provide a telecommunication’s number or delay in providing the same or delivery of a telecommunication’s number to an incorrect address and this unless the same was caused by gross negligence.
In any event it is agreed that:
2.1 PGI shall not bear any responsibility for vicarious, consequential or indirect damage; breach of privacy and the like.
2.2 PGI shall bear no responsibility for any damage that may be caused by factors that are not within its control, Without derogating from the foregoing, it is hereby expressly clarified that the times for the provision of services are likely to be deferred as a result of any one of the factors enumerated above, by such period of time in which such aforesaid delay is caused, and such deferment shall not be deemed a breach of PGI’s obligations towards the customer.
2.3 PGI’s liability for any damage for which it bears responsibility under these terms and conditions shall not exceed the total of all such amounts as have been paid by the customer to PGI for the relevant service during the term of the agreement.
2.4 Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to the purchaser.
Each of these products is warranted against manufacturing defects for the period of one year. The warranty period begins on the date of purchase from PGI (Payment Guardian Inc.) or its authorized distributor, reseller or sales agent. Your original purchase invoice, showing the date of purchase of the product is your proof of the date of purchase. Coverage under this warranty is valid in the U.S.A. and Canada only. During the warranty period, defective parts will be repaired or replaced at the sole discretion of PGI. There will be no charge for labor or parts during the one-year warranty period from the date of purchase. Any shipping and/or other cost such as customs incurred costs from or to outside the U.S.A. or Canada is the purchaser’s responsibility. All above warranties do not apply to damages resulting from:
Accident, alteration, misuse, abuse, fire, excessive heat exposure, excessive shock, flood and/or water damage, improper connections, removal of SIM card, acts of God, or use of products not approved by PGI.
Failure to use the product under normal operating conditions or in accordance with labels and instructions.
Mishandling, unauthorized repair, shipping damage, tampering or alteration, or use other than intended.
Warranty Claim Process:
If you believe you have a claim under this warranty, you must send a written request describing the occurrence, along with your name, address, telephone number and the model and serial number of the product, to email@example.com. PGI reserves the right to review the damaged product and the equipment or asset on which it was attached when the damage occurred. The purchaser must make these available to PGI for inspection until the purchaser’s warranty claim has been finalized. Failure to do so will result in the purchaser’s warranty claim being null and void. All shipping costs for the damaged product from the purchaser to PGI shall be the responsibility of the purchaser. PGI will assume all shipping costs for the repaired or replaced product sent back to the purchaser, within the U.S.A. All claims must be made within 15 days from the date of occurrence and must be accompanied by a proof of purchase of the product or the warranty is void. If the claim is deemed valid, PGI will repair or replace the product, at its option, and return the original purchaser. To file a claim under this warranty, contact PGI within 15 days of the occurrence toll free at: 1-800-GPS-6590 ext 3.