Terms and Conditions

TagMs Inc. owns and operates www.TagMs.com which includes all information, documents, content, materials, software and services (the “Content”) available on this website. This website and it’s contents are available to you for personal use only. By accessing and/or browsing www.TagMs.com, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions and that you comply with all applicable laws and regulations.

Your use of www.TagMs.com will be subject to the most recent version of the Terms and Conditions posted here on www.TagMs.com. It is therefore, your responsibility to check for updates to our Terms and Conditions whenever you intend to use www.TagMs.com. If you do not agree to the posted Terms and Conditions, please refrain from using www.TagMs.com.? By purchasing, registering, or activating any TagMs products on our website or through one of our affiliates, you acknowledge that you have read and agree to the present Terms and Conditions and our Privacy Notice.

Return Policy: 

Understandably, personalized and custom items may not be returned for a refund. However any defective products will be replaced.

To return a defective product simple ship to the following address:

TagMs
67 Morisot Avenue
Thornhill, Ontario
L4J 9H9
Canada

Definitions:

A user of www.TagMs.com is hereinafter referred to as the “User” or “you”.

The User activating and/or purchasing TagMs products is hereinafter defined as the “Customer”.

The User who finds a registered and/or activated product and reports their find to TagMs is defined as the “Finder”.

Changes to Terms and Conditions:

TagMs Inc. (hereinafter referred to as “TagMs”) reserves the right to update these terms and conditions at any time and at its sole discretion without notification. Your use of www.TagMs.com following any such change will constitute your agreement to follow and be bound by the changed terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you intend to use www.TagMs.com. Your continued use of this site following the posting of any changes to the Terms of Condition constitutes acceptance of those changes.

Intellectual Property:

By using this site, you acknowledge and agree that all content available on this site is protected by copyrights, trademarks, and other proprietary rights and laws. Except as expressly authorized by TagMs in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
TagMs owns the trademarks, and service marks, displayed on this site. Nothing on this site should be construed as a license to use the trademarks. Your use of the trademarks displayed on this site is strictly prohibited.

Products and services:

By Purchasing, registering or activating TagMs products on our website or through one of our affiliates, the Customer acknowledges and warrants that

  • The Customer is the legal owner of the registered item;
  • The Customer is over the age of majority in their territory of residence;
  • The Customer’s mailing address, contact number and email address provided are valid and up to date;
  • The Customer’s email address belongs to Customer, or that the Customer has permission to use the provided email address;
  • The Customer is the owner of the credit card or account used to purchase items on TagMs‘ website or has explicit permission to use said method of payment.

To All Finder’s:

By utilizing the TagMs system, the Finder agrees to assist in the recovery of a lost or stolen item, and to facilitate the return of this item to its rightful owner. The finder’s information will not be disclosed to the owner unless and only if the Finder agrees.

Communication:

Occasionally, TagMs may wish to contact you about its services.

  • If you wish to receive marketing information at this time but change your mind later, you will have the option to have your name removed by unsubscribing or opting out of any TagMs communication.
  • TagMs reserves the right to contact you regarding its normal services.

Service Agreement:

In general, TagMs offers recovery services for the term of the paid subscription period, which is typically 1 year.

For Special projects, service lengths may vary. For all projects, these TagMs ID’s must be renewed at the end of the subscription. Customers will receive reminders 4 weeks and again 2 weeks before the ending period of each label or tag. Failure to renew your account will result in a $25.00 connection fee if your item is found and pending contact with an expired subscription. TagMs has no obligation or responsibility to provide service of any kind for the Customer if they do not renew their yearly membership.

Connecting the Finder and Owner:

The Finder will always communicate directly with the Owner in order to have the lost item returned anonymously though our system. If a Finder or an Owner chooses to reveal their personal contact information, TagMs will not be held liable for any communication, security or theft related incidents. TagMs strongly recommends giving as little information as possible to the Finder as we cannot guarantee that the information will not be used for malicious purposes. When attempting to contact you as part of our ReturnIT Club service, we will use the information given to us in your registration and profile information that you provided. Contacting you is on a best efforts only basis. We are not liable for situations which may arise because you did not receive notifications, whether that is due to our performance, a third party’s, or your own.

Whether you are a Finder or an Owner, when choosing to communicate, meet or interact with another person via the ReturnIT Club system, you do so at your own risk. Please exercise appropriate measures to protect your security, safety and confidentiality at all times. TagMs takes no responsibility when finders and owners are in contact with each other. You may contact TagMs to help assist with the recovery of your lost item if you do not wish to communicate with a finder.

Indemnification:

You agree to defend, indemnify, and hold harmless TagMs and its affiliated companies, employees, contractors, affiliates, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of this website. TagMs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TagMs in asserting any available defenses.

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify TagMs of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. TagMs cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You understand that the technical processing and transmission of the service, including your personal content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the service and software embodied within the service may include security components that permit digital materials to be protected, and that the use of these materials is subject to rules set by TagMs, and/or content providers who provide content to the service. You may not attempt to override or circumvent any of the usage rules embedded in the service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the service, in whole or in part, is strictly prohibited.

Disclaimer:

TagMs makes reasonable efforts to provide you with the most current and accurate information on www.TagMs.com; however, we do not warrant that everything you see on www.TagMs.com is error free or complete. Neither we, nor any of the consultants for www.TagMs.com will be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of www.TagMs.com.

Notwithstanding the foregoing, and to the fullest extend permissible by applicable Law, everything on this site and all information, content, materials, products (including software) and services included or otherwise made available to you through this site are provided to you “AS IS”, WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TagMs makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your own risk.

TagMs does not guarantee that any personal property bearing TagMs labels will be returned to the customer, or that, if any personal property is returned to the customer, that the personal property will be returned in the same condition it was in at the time the item was lost, misplaced or stolen.

Any Customer using the services of TagMs agrees that, in connection with any and all products provided and services performed by TagMs, that TagMs shall not be liable for a failure to recover any personal property or pet of the customer bearing TagMs‘s labels or tags or any damage done to the Customer’s personal property. TagMs shall not be liable for any damage whatsoever caused by the Finder or any other third party. TagMs shall not be deemed to be a bailee of the property if it comes into our physical possession, and shall have no duty of care to you in respect thereof.

TagMs is not liable for any loss of property or pet. The customer will hold TagMs harmless for any damages, real or perceived, incurred by the customer as a result of owning an item, or purchasing TagMs ID labels and purchasing the service from TagMs or an affiliate. Owning a TagMs ID label and purchasing a service from TagMs is not a guarantee of personal/pet/item safety, return, or health. The customer acknowledges that TagMs will employ reasonable measures in all affairs but has no control, influence or responsibility for the care for any item or pet. TagMs will not be responsible to physically arrange the transportation of the found item or pet to the owner; it is the owner’s responsibility to pickup their item or pet.

TagMs is not an insurance company and does not offer any insurance coverage for any losses, costs or expenses relating to the lost or recovered items or pets.

TagMs does not guarantee that any lost item, or pet will be found. TagMs service is not a GPS system, RIFD, implanted chip, or electronic tracking or locating device of any kind.

You agree that you will pickup an item or pet from the Finder or mutually agreed upon drop point as quickly as possible; TagMs will not be held liable for how the item or pet is treated during their stay with the Finder or holding person(s).

In the event that an item or pet with a TagMs label or tag attached is found, and the tag has not been activated, TagMs makes no warranty that it will be able to return the item to its owner as it may not have the necessary details to do so.

Under no circumstances shall TagMs, its affiliates or its subsidiaries be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this website, TagMs products or any and all damages that result from or arise out of the services provided by TagMs to a customer. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TagMs has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, TagMs liability in such jurisdictions shall be limited to the extent permitted by law.

The customer further acknowledges that activating their TagMs ID number and creating their online account on the ReturnIT Club database is the sole responsibility of the customer (and not of TagMs) to ensure that information is accurate and updated. TagMs is not responsible for any of the information contained in the customer’s account. TagMs does not warrant the authenticity or accuracy of the information contained in the customer’s account. The maintenance of accurate and current information in the customer’s TagMs account is the sole responsibility of the customer. The customer will hold TagMs harmless for any lapse in service or access to the customer account which results from any force outside of TagMs‘ reasonable control or influence including, but not limited to, power outages, web site hosting interruptions, telecommunication problems, call center interruption, software problems or TagMs termination and/or dissolution.

Certain province and state laws do not allow limitations on implied warranties or the exclusion or limitations of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations of liability may not be applicable to you.

Links:

This website may be linked to, or have included within, other websites on the Internet. TagMs has not reviewed any or all of the sites linked to www.TagMs.com and is not responsible for any links to this site or their content. Your linking to any sites from this site is at your own risk. By linking to a site or permitting a link to this site, TagMs does not endorse the site operator or the content of the linked site.

 

Website:

The customer acknowledge and agrees that TagMs has the right to monitor www.TagMs.com, its website related services, and to disclose any information necessary to operate www.TagMs.com, to protect itself and to comply with legal obligations or governmental requests. TagMs also reserves the right to prohibit any user from using the website and related services who, as determined by TagMs in its sole discretion, violates these Terms and Conditions. Such prohibition may occur with or without notice to the user.

International Use:

TagMs makes no representation that content and materials on this site are appropriate or available for use in locations outside of North America. Accessing content and materials from territories where said content and materials are illegal is prohibited. Those who choose to access this site from other locations do so of their own volition and are responsible for compliance with local laws.

Termination:

TagMs reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

Law:

If any disputes arise between TagMs regarding your use of this website and this agreement, such disputes shall be resolved according to the laws of the Province of Ontario (Canada), and you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Toronto, Ontario, Canada in all disputes (1) arising out of, relating to, or concerning this site and/or this agreement, (2) in which this web site and/or this agreement is an issue or a material fact, or (3) in which this web site and/or this agreement is referenced in a document filed in a court or other dispute resolution organization. Use of this web site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement between you and TagMs.

Furthermore, in the unfortunate even of any claim or dispute arising out of or in connection with this web site and/or these terms and conditions and/or any contract between you and TagMs, you agree to engage in good faith with us in a process of mediation before commencing any arbitration or litigation. Any such mediation will take place in Toronto, Ontario, Canada.

Severed Provisions:

If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.

This Agreement, and the Privacy Notice, set forth the entire agreement and understanding between TagMs and the User, the Finder and the customer of the site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.

If we decide to change or update our Terms and Conditions, we will post those changes here. Please refer to this page often.

Updated August 1, 2014