Terms and Conditions

This website is operated by Emojikidz. Throughout the site, the terms “company”, “we”, “us” and “our” refer to Emojikidz. Emojikidz offers this website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/ or purchasing something from us or Authorized ecommerce platforms, you engage in our “Service”. You 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 changes to our website. 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.

Money Back Guarantee. If Customer returns the Product for any reason within the Money Back Guarantee period indicated in the Order from the date of receipt (the “Trial Return Period”), then, subject to compliance with this Section (Terms & Conditions 5.3), Customer will receive a full refund of the original purchase price of the Product. To be eligible for a refund, a Product must be returned with all related accessories and be in substantially new condition, and the return must be post-marked by the applicable day after the date of receipt of the Product by Customer. Refunds will not be issued for Products that have been damaged or altered in any way. For all returns, including returns within the Trial Return Period, Customer will be responsible for the shipping costs.

Customers with an Annual Plan Billed Monthly or Customers with a prepaid quarterly or Semi-Annual Plan:

Emojikidz offers its service plans through one year subscription plan which is billed every 30 days. Service plan begins as soon as you activate your service. You’ll be charged the rate stated at the time of plan purchase, every month, six days prior to your anniversary date, your payment card on file will be charged for the current month service and your account will be updated.

Equipment & Service Plan refund will only be granted within 15-days from date of activation. If you do not contact us to cancel the service plan within the 15-day period your purchase will be considered buyer’s remorse and you will no longer qualify for a refund. A $175 Plan cancellation fee will be applied. If device is not returned, a $99 Device fee will be applied.

Service Plan refund will only be granted within 15-days from activation date. Device Must be returned to Emojikidz in its original condition including all accessories, only after verification of device’s return a refund will be issued.

Customers with an Annual plans:

Emojikidz offers its service plans through subscription plan which auto-renew at the end of your plan term. Service plan begins as soon as you activate your service. You’ll be charged the rate stated at the time of purchase, six days prior to your anniversary date, your payment card on file will be charged for the current plan and your account will be updated, until you cancel. Plan renewal subscription cancellation and or overages auto refill cancellation requests can be made any time by contacting customer support through our website. Service Plan refund will only be granted within 15-days from activation date. If you do not contact us to cancel the service plan within the 15-day period from the activation date, your purchase will be considered buyer’s remorse and you will no longer qualify for a refund.

Service Plan refund will only be granted within 15-days from activation date. Device Must be returned to Emojikidz in its original condition including all accessories, only after verification of device’s return a refund will be issued.

This Agreement (this “Agreement”) is made and entered into as of the date hereof (the “Effective Date”), by and between Emojikidz. (“Company”) and the customer that purchases and/or uses the Company’s product and related services (“Customer”).

Company has developed a certain product and related services that assist in receiving information, related to monitoring, and tracing people, including children and adults with special needs (the “Product”).
Customer desires to purchase or receive the Product for the purpose of either: (i)using the Product; or (ii) if authorized by Company, providing the Product to its customers or other authorized third parties (which shall be defined as “Customers” for the purpose of this Agreement), including the related services, subject to and in accordance with the terms of this Agreement. Now, Therefore, the parties hereby agree as follows:

SALE AND USE OF PRODUCT.
1.1 Sale and Use. Subject to the terms and conditions of this Agreement and the details of the purchase order sent to the Customer at the time of purchase (the “Order”), Company will sell the Product to Customer, for its personal use or, if authorized by the Company, for the personal use of its customers or other authorized third parties, as defined in this Agreement. The tracking devices sent to a Customer as part of the Subscriber Kit might be remanufactured or refurbished and in both cases will be fully covered by the repair warranty as per section 1.4 below. Customer is granted a limited, personal, non-transferable, non-exclusive, and revocable right to use the Product and related services.

1.2 Fees. Customer (to the extent the Customer purchases the Product and related services directly) will pay Company a one-time payment for the Product and a service fee for use of the Product and the related services provided by the Company (the “Service Fee”), as detailed in the Order. The Company offers two main subscription plans: (i) yearly/annual subscription with monthly payments (“Yearly Contract”), (ii) yearly subscriptions paid in one installment (“Yearly Upfront”). The Company may change the terms of the plans and offer additional plans in the future. Payment for the Product is due on the Effective Date, and the Service Fee shall be paid as indicated in the Order. All past due amounts will incur interest at a rate of 1% per month or the maximum rate permitted by law, whichever is less. Customer authorizes Company to charge the Service Fee and any late fees including Early Termination Fees according to the payment method indicated by Customer in the Order. Company may retry to charge a payment if previous attempts have failed. Customer, if applicable, will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with this Agreement or Customer’s receipt or use of the Product and related services. The Company may change any terms, conditions, rates, fees, expenses, or charges of this Agreement at any time except during a pre-paid term.

1.2.1 Overage Fees. Your service may include domestic voice minutes that are billed in increments of one minute. Any use of international voice services are billed separately and are likely to be substantially higher. Voice and Text Overage Fees are:

US VOICE
$0.30 per domestic voice minute
SMS
$0.05 per domestic text
DATA
$0.02 per MB

CANADA VOICE
$0.50 per voice minute
SMS
$0.10 per text
DATA
$0.40 per MB

1.3 Restrictions on Use. Customer will not: (a) modify, alter or improve the Product; (b) rent, lease, license, loan, resell, transfer, distribute or otherwise make the Product or the related services available to any third party without the prior written consent of the Company; (c) reverse engineer the Product (or any component thereof), or decompile or disassemble any software or firmware components of the Product, or authorize a third party to do any of the foregoing; or (d) mortgage, pledge or encumber the Product in any way.

1.4 Care of Product; Repair Warranty. Customer will use the Product only according to the instructions of Company. Upon delivery of Product to Customer or as otherwise directed by Customer, Customer assumes and will bear the risk of all loss or damage to the Product. The Products shall be covered under this warranty for a period of one year from the date of your purchase and as long as the Service Fee is timely paid and as defined in the Order, Company will repair or replace at no cost to the Customer any defective parts of the Product, except in connection with unauthorized use, use not in accordance with instructions provided by the Company, loss, damage caused by Customer and water damage. If the Company replaces a Product for any reason, or as part of a promotion sale at discounted rates, the Company may provide Customer with a refurbished Product. In any event Customer will pay the associated costs of delivery and replacement batteries.

1.5 Voice Function. The Product enables Customer to receive and transmit voice. Customer acknowledges and agrees that (i) Customer has the ability to operate such functionality remotely, including enabling and disabling such functionality; and (ii) Customer will use the Product and related services, including the voice functionality only according to applicable law, including privacy law. Customer waives any claim or demand against Company in connection therewith. Customer understands that the Company authorizes Customer to use the voice functionality in reliance upon this undertaking and waiver.

1.6 Privacy. The Company shall use personally identifiable information of Customer only for the purpose of providing the services under this Agreement to Customer. Information may be provided to emergency services. The Company may use aggregated non-personally identifiable information derived from information provided by Customer, including but not limited to for the purpose of improving the Product and related services.

FEEDBACK; OWNERSHIP.
Customer acknowledges and agrees that all feedback, comments, and suggestions for improvements that Customer provides to Company, if any (“Customer Feedback“) will be the sole and exclusive property of Company. Customer hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of Customer’s right, title, and interest in and to all Customer Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein. At Company’s request and expense, Customer will execute documents and take such further acts as Company may reasonably request to assist Company to acquire, perfect and maintain its Intellectual Property Rights and other legal protections for the Customer Feedback. Customer acknowledges and agrees that, as between the parties, Company own all right, title, and interest in and to the Product and related services, including all Intellectual Property Rights therein, even if Company incorporates any Customer Feedback into subsequent versions of the Product. Customer will not earn or acquire any rights or licenses in the Product or in any Company Intellectual Property Rights on account of this Agreement or Customer’s performance under this Agreement.

DISCLAIMERS.
3.1 Warranty Disclaimers. Customer acknowledges that the Product is being provided “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

3.2 No Warranty. Company does not warrant that the services related to the Product and the Product will be uninterrupted, reliable, accurate, available, error free, and free from unauthorized access. Customer acknowledges and agrees that it should not rely on the Product or related services for any reason. Use of the Product and related services, including use of any analysis or information provided in connection thereto, by Customer or any third party shall be at Customer’s sole risk and liability.

3.3 Third Party Providers. Customer acknowledges that certain services related to the Product are provided or dependent upon by third party providers (e.g. cellular operators). The Company is not responsible for any act or omission or the availability or quality of any products or services provided by such third parties. Coverage of cellular networks is limited and performance may be impacted by various factors. POOR CELLULAR COVERAGE, OTHER NETWORK PROBLEMS, OR LIMITED OR NO GPS RECEPTION MAY RESULT IN AN INABILITY TO USE THE PRODUCT AND RELATED SERVICES.

3.4 Customer’s devices SMS and Internet access Fees. Fees charged by cellular or Internet providers in connection with access to the Product by Customer from Customer’s devices, including for internet access and receiving SMS, shall be borne by Customer.

3.5 Use. Customer acknowledges and agrees that the use of the Product and related services in connection with adults and children with special needs does not create any liability of the Company towards such persons, and does not relieve the Customer from any such liability, if any. THE PRODUCT IS NOT A REPLACEMENT FOR REGULAR CONTACT WITH SUPERVISORS AND CAREGIVERS OR AN ALTERNATIVE MEANS OF SUPERVISION. AS WITH ALL LOCATION-BASED SERVICES, IT MAY NOT ALWAYS BE POSSIBLE TO DETERMINE THE EXACT LOCATION. THE PRODUCT MUST NOT BE MODIFIED IN ANY WAY. CUSTOMER IS RESPONSIBLE FOR TESTING THE PRODUCT REGULARLY. Customer acknowledges that such persons may damage the Product or not operate it properly. Customer assumes the sole and complete liability for such use of the Product and related services and waives any claim or demand against Company in connection therewith, and Company authorizes such use in reliance upon this waiver. FOR PROPER OPERATION, THE PRODUCT REQUIRES ADEQUATE CELLULAR COVERAGE. CUSTOMER UNDERSTANDS THAT THE PRODUCT NEEDS TO BE RECHARGED ON A DAILY BASIS. Use of the Product constitutes consent to the license terms associated with the Product and all related services. The Company has the unrestricted right, but not the obligation, to update, upgrade and supplement the services provided. Support services to the Product shall be provided as determined by the Company.

LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE PRODUCT OR RELATED SERVICES OR FOR ANY ERROR OR DEFECT IN THE PRODUCT, INCLUDING INCORRECT DETERMINATION OF LOCATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE FEES PAID TO THE COMPANY BY THE CUSTOMER DURING THE 12 MONTHS PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN THE EVENT ANY LAWSUIT OR OTHER CLAIM IS FILED BY ANY OTHER PARTY AGAINST THE COMPANY OR ITS AGENTS, EMPLOYEES, AFFILIATES OR RELATED COMPANIES ARISING OUT OF THE PRODUCT OR RELATED SERVICES, THE CUSTOMER AGREES TO BE SOLELY RESPONSIBLE FOR, AND TO INDEMNIFY AND HOLD THE COMPANY COMPLETELY HARMLESS FROM, SUCH LAWSUIT OR OTHER CLAIM INCLUDING PAYMENT OF ALL DAMAGES, EXPENSES, COSTS AND ATTORNEYS’ FEES. THESE OBLIGATIONS WILL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. THESE OBLIGATIONS WILL APPLY EVEN IF SUCH LAWSUIT OR OTHER CLAIM ARISES OUT OF THE COMPANY’S NEGLIGENCE, FAILURE TO PERFORM DUTIES UNDER THIS AGREEMENT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.

TERM AND TERMINATION.
5.1 Term. The initial term of this Agreement will be indicated in the Order. Unless terminated in accordance with its terms, this Agreement will automatically renew for successive terms of the subscription plan that is indicated in the Order.

5.2 Termination. Either party may terminate this Agreement by written notice to the other party at least thirty (30) days prior to the termination of the applicable term, or a different notice period if indicated in the Order. If Customer terminates this Agreement prior to the end of the applicable term in a yearly contract, Customer will be charged an Early Termination Fee of the aggregate sum of the payments that remained on your plan prior to termination. Company may terminate this Agreement immediately upon written notice to Customer in the event that Customer materially breaches this Agreement and an Early Termination Fee will apply for an yearly contract.

5.3 Money Back Guarantee. If Customer returns the Product for any reason within the Money Back Guarantee period indicated in the Order from the date of receipt (the “Trial Return Period”), then, subject to compliance with this Section 5.3, Customer will receive a full refund of the original purchase price of the Product. To be eligible for a refund, a Product must be returned with all related accessories and be in substantially new condition, and the return must be post-marked by the applicable day after the date of receipt of the Product by Customer. Refunds will not be issued for Products that have been damaged or altered in any way. For all returns, including returns within the Trial Return Period, Customer will be responsible for the shipping costs.

5.4 Effect of Termination. Upon any termination or expiration of this Agreement, Customer’s right to use the services provided by the Company in connection with the Product will automatically terminate.

5.5 Survival. The provisions of Sections 1.3, 1.6, 2, 3, 4, 5.4, 5.5, and 6 will survive any termination or expiration of this Agreement.

GENERAL PROVISIONS.
6.1 Assignment. Customer may not assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Company. Any attempted assignment without such consent will be null and of no effect.

6.2 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California (excluding its body of law controlling conflicts of law).

6.3 Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of the Agreement will remain in full force and effect.

6.4 Waiver. The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default.

6.5 Notices. All notices required or permitted under this Agreement will be in writing and delivered in person, by confirmed facsimile transmission, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt. All communications will be sent to the addresses set forth below or to such other address as may be specified by either party to the other in accordance with this Section.

6.6 Entire Agreement. This Agreement and the attached exhibits constitute the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersede any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.

6.7 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

7 GENERAL TERMS AND CONDITIONS7.1 Carrier Recovery Fee.

The Recovery Fee is assessed to help recover Emojikidz’s costs to comply with various federal and state programs, taxes and fees including, but not limited to, (i) state and federal Telecommunications Relay Service Programs, (ii) Federal Universal Service Fund Program, (iii) international, federal, state, municipal, local and/or other governmental franchise, excise, public utility and other telecommunications taxes, fees and charges now in force or enacted in the future, and (iv) other costs we incur to comply with government regulations and programs, which are not taxes or fees that local, state or federal governments require Emojikidz to collect.Emojikidz Service Plans The Recovery Fee is calculated 10% of the plan cost which is applied to help recover other administrative fees.

7.2 Typographical Errors.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Emojikidz  shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Emojikidz shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Emojikidz shall immediately issue a credit to your credit card account in the amount of the incorrect price.

7.3 Plan Cycle.

Emojikidz  Plans are 30-day plans, that is what we refer to in some listings as “monthly” or “per month” or “paid monthly” or “month-to-month”.

7.4 Shipping Policy.

Shipping Time – Most orders received before 2:00 PM from our website will ship the same day, provided the product ordered is in stock. Most orders received after 2:00 PM will ship the next business day. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Emojikidz or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.We do not ship items outside of the USA or to Freight Forwarders. Service plans that are sold to Freight Forwarders will be canceled and refunded

7.5 Out-of-Stock Products.

We will ship your product as it becomes available. Usually, products ship the same day if ordered by 2:00 PM, or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. Before we ship your order, we will inform you of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. Certain products or service plans might be available for a promotional period only and will be out of stock and no longer offered or allowed to be sold/activated at Emojikidz discretion without notice, such products or service plans can be refunded if purchased within less than 14-days.

7.6 Order Acceptance Policy

Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.Emojikidz reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

7.7 Copyright and Trademark Notice.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Emojikidz, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Icons by Creative Commons CCBY.

7.8 Credit Cards.

We accept the following credit cards: Visa and MasterCard. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.

7.9 Indemnification.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE DEVICE OR SERVICE UNLESS DUE TO OUR SOLE AND GROSS NEGLIGENCE. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS’ AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH APPEAL EXCEPT AS PROVIDED IN PARAGRAPH 5, BELOW. USE OF YOUR DEVICE WHILE OPERATING A MOTOR VEHICLE OR IN ANOTHER DISTRACTED OR NEGLIGENT MANNER MAY BE PROHIBITED, OR RESTRICTED BY LAW IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU SHALL INDEMNIFY US FROM CLAIMS ARISING FROM ANY SUCH UNLAWFUL OR NEGLIGENT USE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

7.10 Lifetime Warranty Terms.

To qualify for the Lifetime Warranty Replacement Guarantee, your subscription must be active and in good standing for at least 90 consecutive days without any lapses. One replacement device is allowed per year for lost, stolen, or damaged products, as long as your subscription remains current.

7.11 Other Conditions

These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Emojikidz signs them or not. We reserve the right to make changes to this site and these Conditions at any time.Promotional prices are good for new activation customers only. The actual service value of the listed plan will be charged thereafter upon renewal of service.

7.12 Miscellaneous

Please visit this page periodically to see the most current Terms and Conditions as we may change the term of use without advance notice.

Customer support:

818-273-5555

How Can You Contact Us About Notices
If you have questions or comments about privacy policy or terms of services notices, you may email us at support@emojikidz.com or contact us by post at:
EmojiKidz
835 Wilshire Blvd
Los Angeles, CA 90017
United States
818-273-5555