This site is operated by EmojiKidz. (referred herein as “EmojiKidz” or “We”). Please read these terms carefully. By purchasing our EmojiKidz (“Device”), using our service (“Service”), or accessing our website (www. EmojiKidz.com) (“Site”), you agree to be bound by all of the terms, policies and conditions described herein. If you do not agree to all of these terms policies and conditions, do not use our devices, services or the Site. If you are using our site on behalf of any entity, you represent and warrant that you are authorized to accept these terms on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these terms.
We reserve the right to change or modify these terms or any of our policies or guidelines, at any time. Any changes or modification will be effective immediately upon posting of the revisions on our Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.Service Policy
Service is provided by SpeedTalk Mobile SmartWatch SIM.
EmojiKidz offers its service plans through subscription plan which auto-renew every 30 days. Service plan begins as soon as you activate your SIM card service. You’ll be charged the rate stated at the time of purchase, every month, three 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, until you cancel.
EmojiKidz offers its service plans with overages auto refill, for your convenience, this way you will never run out of minutes, text, or data mid-month! a $5 cash card will be automatically added to your account to cover for overages and avoid service interruption. As a benefit to our customer, your Cash Card remaining balance automatically rolls over month to month! Any unused funds from your Cash Card will be available during the next billing cycle for applicable plans. Cash Card sales are final and are non-refundable and non-transferable.
A credit card or debit card is required to activate your EmojiKidz service plan. This is a non-contract service; plan renewal subscription cancellation and or overages auto refill cancellation requests can be made any time by contacting customer support.Order Cancellation Policy
We will not accept order cancellations after 60-days the order has been placed.Returns, Refunds and Cancellation Policy
Once an order has been shipped, EmojiKidz will not accept refund or return requests after 60-days the service been activated. If your Device is defective under our Warranty Policy. Customers must bear all costs for shipment returns to EmojiKidz. Upon receiving the Device from the customer, EmojiKidz will examine the Device and determine whether the Warranty Claim qualifies for free replacement, paid replacement, free repair, or paid repair. EmojiKidz retains the right to reject any Warranty Claim requests for Devices that are not considered defective and/ or not covered under our Warranty Policy.
If you wish to return your EmojiKidz Watch, you may do so within 60 days of receiving the device or 60-days from initiating the service plan, at your own cost. To request a return authorization, please submit a refund request online, we can only refund the cost of the device itself.
Service Plan refund will only be granted when you have consumed at least 30 minutes, 30 SMS or 30 MB of DATA of last service plan only. If you do not contact us to cancel the service plan within the 30-day period, or if you consume more than 30 minutes, 30 texts or 30MB of data, your purchase will be considered buyer's remorse and you will no longer qualify for a refund. Mobile Wallet sales are final and are not refundable/transferable.Content Policy
By using the Site, Service and/or Device, you acknowledge and agree that:
- Under no circumstances will EmojiKidz be liable in any way for any Content (e.g., Global Positioning Data received from your use of our Service or Device) or for any loss or damage of any kind incurred as a result of the use of any Content posted, submitted or otherwise made available via the Site and/or the Service.
- Your use of the Service and all Content you posted on, transmitted through or linked from the Site and/or the Mobile applications is in compliance with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence and all export control laws.
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.Limited License and Restrictions
We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Site. Except as otherwise expressly permitted by these Terms, you may not: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site, the Mobile applications or the Materials; (iv) use any “deep-link”, “page-scrape”, “robot” ,”spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.Third Party Sites and Content
We may host or provide links to Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.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.Limitation of Liability
WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY PROVIDERS OF SERVICES RELATED TO USE OF THE DEVICE OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR DEVICE, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE DEVICE, EQUIPMENT FAILURE OR MODIFICATION, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES, NOR FOR SERVICE LIMITATIONS OR INTERRUPTIONS, AS DESCRIBED IN PARAGRAPH 1.C ABOVE. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. EMOJIKIDZ, AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. YOU AND WE BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WE AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR (i) ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE DEVICE OR ANY EQUIPMENT USED
IN CONNECTION WITH THE DEVICE UNLESS CAUSED BY OUR SOLE AND GROSS NEGLIGENCE, OR (ii) THE INSTALLATION OR REPAIR OF THE DEVICE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.Termination
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Service) and to block or prevent your access to and use of the Service for any or no reason.
Notwithstanding any terms to the contrary in these Terms, EmojiKidz may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with EmojiKidz or upon registration with the Service; or (ii) posting messages that are displayed to you when you log in to or access the Service. EmojiKidz’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional
explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with EmojiKidz, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.Miscellaneous
these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable
manner to the end that the transactions contemplated hereby are fulfilled.Updates to Terms of Service
We reserve the right to change or modify any provisions of these Terms and any policies or guidelines governing your use of the Service or Device, at any time in our sole discretion and without liability. Any such changes or modifications will be effective immediately upon posting of revisions on the Site or other effective means of communications in our sole discretion. Your continued use of the Service following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all
applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Service. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Service.Agreement of Purchase
By clicking “ACCEPT” or “I AGREE”, you acknowledge that you are aware that there will be costs such as video calling fees, GPS tracking services, that will be adjusted from data service for the consumed amount on your service plan which are not included in the purchase price of the Product.
There may be additional fees charged for the use of the voice calling, text messaging, video calling and GPS tracking services. EmojiKidz may not notify customers of any added fees however you can check the payment
SERVICE.Personal information collected through the EmojiKidz Apps:
Through the EmojiKidz App we may collect your name, email address, date of birth, billing information and other personal information, as well as that of the child who will use the Device. We do not collect personal information from you unless you voluntarily provide it to us.Location-based information collected through the EmojiKidz Service:
The Device automatically and constantly collects information about the physical location of the Device when it is activated. This information is acquired through numerous methods, including GPS, cell towers and wi-fi hot spots, which are enhanced over time as we
follow the Device, collect more information and improve our tracking. You may not disable location-based data collection from the Device. We may also collect such location-based information through your use of the EmojiKidz Apps.Calls/audio collected through the EmojiKidz Service:
In the event an emergency call is placed from the Device, we may record the audio of the conversation between the Device and the recipient of such call.Non-personal or aggregate information that we collect:
We automatically collect non-personal information from your use of the EmojiKidz Service, such as IP host address, device-specific identifiers, computer or smartphone configurations, pages viewed, time and usage habits on the EmojiKidz Service and similar data. It is possible at
times when collecting non-personal information through automatic means that we may unintentionally collect or receive personal information that is mixed in with the non-personal information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If we do inadvertently collect personal information, we will not intentionally use such personal information as if we had collected it with your consent.
We may also aggregate demographic information collected from our users (such as the number of users in a particular location) in a manner which does not identify any one individual.Information Usage and Third Party Sharing:
standard for sharing, as opposed to non-personal or de-identified information which may be shared with any number of parties. Therefore, we may use your information to: ? respond to your inquires or requests; ? send you information about the EmojiKidz Service (such as promotions, maintenance or security information);
Auto deletion of data:
- send you a limited number of offers for additional products and services that may interest you, but we will not provide your personal information to third parties for them to contact you directly for their own benefit without your consent
- permit our vendors and subcontractors to perform services, provided they are under an obligation of confidentiality and do not use the information for their own benefit
- comply with applicable law or legal process; ? provide to a third party for their own use, such as marketing, but only if you have specifically opted-in to such third party sharing
- investigate suspected fraud, harassment, danger to persons or property or other violations of any law, rule or regulation, or the terms or policies for the EmojiKidz Service or our business partners
- share with law enforcement and other parties trying to locate a lost child, including sharing the audio content of emergency calls
- develop and enhance our own data, such as through tracking the location of your Device, provided that any disclosures of such data does not specifically identify you, your Device or your specific location
- transfer information in connection with the sale or merger or change of control of EmojiKidz or the division responsible for the services with which your information is associated
- share non-personal or de-identified information with any number of parties, including analytics companies, technology providers and other business partners
- combine it with data from other sources outside of your use of the EmojiKidz Service, such as data obtained from wi-fi access points within range of your Device.
We may automatically delete data from a Device or from the EmojiKidz App in connection with a returned or terminated account or device, or as necessary to protect against unauthorized access to the data.Cookies:
your experience, to make your visit more convenient or to enable us to enhance the EmojiKidz Service. We may also use and place cookies on your device from our third party service providers in connection with the EmojiKidz Service, such as an analytics provider that helps us manage and analyze EmojiKidz Service usage. You may stop or restrict the placement of cookies on certain devices or flush them from your browser by adjusting your web browser preferences, in which case you may still use our EmojiKidz Service, but it may interfere with some of its
functionality. Cookies and similar items are not used by us to automatically retrieve personal information from your device without your knowledge. Cookies are device and browser specific, so if you make a change to your environment we may reinstall a cookie.Security:
The security of your information is very important to us. We take commercially reasonable security measures to protect your personal information (including, preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your personal information). Please be aware, however, that despite our efforts, no security measures are impenetrable. If you use a password on the EmojiKidz Service, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has
been misused, please contact us at firstname.lastname@example.org
immediately.Personal information from children:
By providing the Device to a child, you represent and warrant to EmojiKidz that you are authorized by such child’s parent or guardian to enable and permit EmojiKidz to operate the EmojiKidz Service and collect and use the information from the child as stated herein.Data retention:
We may retain your information for as long as we feel that there is a business need or benefit to do so. This will include retaining location-based information.
EmojiKidz Data collected through use of the Device and/or the EmojiKidz App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access. Please contact email@example.com
for specific questions about access to any collected data.Other services:
You may unsubscribe from our marketing messages. All unsubscribe or opt-out requests should be sent to us at firstname.lastname@example.org
and we will process your request within a reasonable time after receipt.
If you no longer want any data collected by EmojiKidz from the Device, then you will need to deactivate the service.EmojiKidz Terms of Service:
For questions or concerns relating to privacy, we can be contacted at: email@example.com