Proactive West Enterprise Inc. operates this website (“www.SearchAndReturn.com.”), and these Conditions of Use (“Conditions of Use”) includes all information, content, materials, software and services (the “Content”) that are available on www.SearchAndReturn.com.
The Content is available to you only for your personal, non-commercial use and is subject to the Conditions of Use herein, together with our Privacy Notice.
By accessing, browsing and/or using www.SearchAndReturn.com, you acknowledge that you have read, understand and agree to be bound by the Conditions of Use and that you will comply with all applicable laws and regulations, including, but not limited to, all applicable export and re-export control laws and regulations.
You also acknowledge and agree that the Conditions of Use may change from time to time and that the most recent version of the Conditions of Use is posted on www.SearchAndReturn.com. Accordingly, you are responsible to periodically consult the Conditions of Use whenever you intend to use www.SearchAndReturn.com.com, its products and services.
If you do not agree to the Conditions of Use, do not use www.SearchAndReturn.com, or any of its products and services.
SearchAndReturn.com is a tradename owned by Proactive West Enterprises Inc.
A user of www.SearchAndReturn.com.com is hereinafter referred to as the “User” or “You”. The User activating and/or purchasing SearchAndReturn products is hereinafter defined as the “Customer”. The User who finds a registered and/or activated product and reports their find to SearchAndReturn is defined as the “Finder”.
By purchasing, registering or activating SearchAndReturn.com products on this website or through our call center, the Customer acknowledges that they have read and agree with the Conditions of Use and our Privacy Notice. You should review both the Conditions of Use and the Privacy Notice carefully and make sure that you understand them before using the SearchAndReturn.com website. If you do not agree to the Conditions of Use or the privacy Notice, you may not subscribe for, nor use, the website or its Content.
2. Ownership of Intellectual Property:
You acknowledge and agree that the Content on this website is protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by SearchAndReturn.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Content. Notwithstanding the above, you may print or download Content on this website to any single computer for your personal, non-commercial use, provided you comply with and abide by all copyright and other proprietary notices.
Proactive West Enterprises Inc, is the owner of the trademarks and service marks (“Trademarks”) displayed on this website. Nothing on this site should be construed as a license for you to use the Trademarks. Your use of the Trademarks displayed on this site is strictly prohibited.
3. Concerning SearchAndReturn.com products and services:
By Purchasing, registering or activating SearchAndReturn products on our website, or over the phone, the Customer acknowledges and warrants that:
- The Customer is the legal owner of the registered item.
- The Customer is of the age of majority in their province, state or territory of residence;
- The Customer’s mailing address, contact number and email address provided are indeed that of Customer and are valid;
- The Customer’s email address is valid and belongs to Customer, or, in the alternative, the Customer has permission to use the email address that has been provided;
- The Customer is the owner of the credit card or debit card used to purchase items on SearchAndReturn.com, or the Customer has the permission of the owner of the credit or debit card to purchase items on SearchAndReturn.com.
4. Finder’s details:
By entering the Finder’s details on the www.SearchAndReturn.com website or allowing our call center to do so, the Finder agrees to allow the SearchAndReturn.com call center to use the Finder’s information to assist in the recovery of a found item, and to facilitate the return of this item to its rightful owner. As a part of our service, the Finder may be asked for their consent to allow the Finder’s details to be disclosed to the registered owner of the item. This information will only be disclosed to the owner if the Finder agrees.
5. Service Length & Type:
SearchAndReturn.com services (“Services”).
A Customer either registers the recovery tag online at Activate Tag, or by by emailing email@example.com (ensure that you cc yourself a copy of this email).
Provide contact information including an email address and phone number where we can contact you. Note: We will not share your information without your prior permission.
Include in the email the serial number of all your recovery tags. You may include additional information about the piece of property linked to each serial numbered recovery tag. This could be the item’s VIN, serial number, model number or some other identifiable marking (including a photo of the item).
The Customer is advised to keep a copy of the email that they send to SearchAndReturn.com, and to also print it and to keep it in a safe place.
SearchAndReturn.com keeps a copy of the Customer’s email on file.
In the event of a loss or theft the Customer is required to report loss/theft to the police/authorities and then to SearchAndReturn.com by email firstname.lastname@example.org, by phone toll-free 24/7 number 1-888-414-8598, or by way of the Report page at www.SearchAndReturn.com.
For investigative services to occur, you must register your tag and associated property through our Activate Tag process in advance of a reported loss.
SearchAndReturn will not conduct an investigation without the prior registration process being completed prior to the reported loss.
If the Customer reports a loss, but the property had not been linked and registered to a recovery tag, SearchAndReturn will still take the reported lost or stolen information. If our Call Center is contacted by the finder, we will coordinate a safe return.
The Customer is asked to provide contact information, police/authorities report number (if applicable), and a serial number of the recovery tag (if known), plus details of the loss. Upon receiving the report, SearchAndReturn.com will begin a search and investigation.
SearchAndReturn.com does not guarantee that they will locate or be successful in the recovery of a reported missing item.
When a missing item is located by SearchAndReturn.com, or is reported found by a Finder, SearchAndReturn.com will make all reasonable attempts to contact the Customer by phone and email until the Customer is reached. Once SearchAndReturn.com has made contact with the Customer, the Customer is responsible for setting up and meeting with the Finder. SearchAndReturn.com is not responsible for any logistics or costs associated to the return or shipping costs of the recovered item. SearchAndReturn.com will also reward the Finder with a gift pack. If the Customer wishes to pick-up the item directly from the Finder and the Finder agrees to meet the Customer, SearchAndReturn.com can share the Finder’s information with the Customer to facilitate the recovery. Note that SearchAndReturn.com accepts no responsibility of any kind, whatsoever, arising from or as a consequence of the interaction between the Customer and the Finder (the “Interaction”) and each of the Customer and the Finder do hereby release SearchAndReturn.com and Proactive West Enterprises Inc. of and from any liability of any kind, whatsoever and howsoever arising in relation to the Interaction.
SearchAndReturn.com has no obligation or responsibility to provide service of any kind for a Customer who does not register (activate) their recovery tags or maintain a valid working email address. We strongly encourage each Customer to make sure report@SearchAndReturn.com as well as emails being sent from our @SearchAndReturn.com domain, are white listed (or labelled as safe senders) in the Customers’ email profiles, to ensure emails being sent to them from SearchAndReturn.com are not automatically filtered into spam or junk folders. We also strongly encourage each Customer to enter secondary contact numbers and email address from my account at www.SearchAndReturn.com.
Keeping your contact information up to date
You are responsible to update your contact information with SearchAndReturn at all times. If your email address is incorrect, SearchAndReturn may not be able to contact you. To update your information, email email@example.com.
Occasionally, SearchAndReturn may wish to contact you about its products or 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 from mailing lists by clicking on the link in the email or contacting SearchAndReturn.com via our online Contact Us page.
- You can unsubscribe by clicking on the link available in the information e-mails sent to you.
- SearchAndReturn.com reserves the right to contact clients regarding any active recoveries and service updates including service level changes or upgrades.
- If you chose to never be contacted by SearchAndReturn.com you must email your request to firstname.lastname@example.org.
- All communication from SearchAndReturn.com whether through email, text, phone call, website, social media page, will be in English.
7. Communication between the Customer and Finder:
In certain cases where the Customer and Finder agree to meet directly or agree on the shipping of an item, SearchAndReturn.com will facilitate the direct communication between the Owner and Finder in order to have the item returned. Under no circumstances will SearchAndReturn.com be responsible for any costs of any kind whatsoever in relation to the return of an item. Customers are encouraged to exercise caution when communicating with a Finder. When attempting to contact you SearchandReturn.com, we will use the means of contact pertaining to your subscription and the profile information you provided. Contacting you is on a best efforts only basis and SearchandReturn.com is not responsible if you did not receive notifications, irrespective of whether it is due to our act or omission or acts or omissions of one or more third parties or your acts or omissions.
A Finder or a Customer that communicates with the other does so at their own risk and each acknowledges that SearchandReturn.com is not responsible in any way. A Finder or Customer may contact SearchAndReturn.com to assist in arranging the recovery or delivery of the lost item if direct communication is not desired.
8.Safety Reminders for a Customer Meeting A Finder:
SearchAndReturn.com strongly urges persons under the age of majority to not meet with the Finder unless accompanied by a parent or guardian. Never share any personal information such as your home phone number or home address with the Finder. All meetings should occur during daylight hours and within the lobby or other public area within a Police Station or Sheriff’s Office.
In the event that a legal claim is made or threatened against SearchandReturn.com or Proactive West Enterprise Inc. (the “Claim”) then you agree that upon demand you will indemnify and hold harmless SearchandReturn.com/Proactive West Enterprises Inc., its officers, directors, contractors, agents, employees, and distributors of and from any and all liabilities, losses, claims, damages and expenses, including lawyer’s fees if the Claim arises from or is in any way related to your use or misuse of this website. In the event of a Claim, SearchandReturn.com or Proactive West Enterprise Inc. is authorized by you to assume the defence of the Claim, subject to the indemnification herein. You agree to fully cooperate with SearchandReturn.com or Proactive West Enterprise Inc. and their legal counsel.
You are responsible for maintaining the confidentiality of you SearchandReturn.com password and account and all activities that occur under your password or account. In the event that you become aware of the unauthorized use of your password or account, you shall immediately notify us. For security reason, you agree to exit from your account at the end of each session.
Under no circumstances will SearchandReturn.com or Proactive West Enterprise Inc. be liable to you or anyone else if you do not comply with the above security measures.
You acknowledge and agree that delivery or provision of the Services, including Content that may relate to or identify you, may pass through various internet networks and devices. You may not reproduce, distribute or publish any Content without the prior written consent of SearchandReturn.com and Proactive West Enterprise Inc.
10. Disclaimer of Warranty and Exclusion of Liability:
You acknowledge and agree that SearchAndReturn.com/ Proactive West Enterprises Inc. shall not be liable for any direct, indirect, incidental, consequential, aggravated or punitive damages or any damages of any kind whatsoever arising out of or relating to your use of the website www.SearchAndReturn.com.
The Content and Services are provided to you WITHOUT ANY WARRANTY OF ANY KIND AND ANY AND ALL WARRANITES WHETHER ARISING FROM STATUTE OR LAW OR IN EQUITY ARE EXCLUDED AND SPECIFICALLY THERE IS NO WARRANTY OF MERCHANTABLE QUALITYOR FITNESS FOR PURPOSE. The use of this website is at your sole risk.
SearchAndReturn.com/Proactive West Enterprises Inc. expressly disclaims responsibility for and does not guarantee that any personal property bearing SearchAndReturn.com’s labels or tags 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.
You acknowledge and agree that SearchAndReturn.com/Proactive West Enterprises Inc. shall at no time or under any circumstances be deemed a bailee of any item of personal property and you agree that SearchandReturn.com or Proactive West Enterprise Inc. has no duty of care to you in respect thereof.
You acknowledge and agree that SearchandReturn.com or Proactive West Enterprise Inc. is not a GPS based tracking or locating system for your personal property.
You acknowledge and agree that you are hereby releasing SearchandReturn.com and Proactive West Enterprise Inc. of and from any liability of any kind whatsoever and howsoever caused and you further agree that as some jurisdictions restrict such full release of liability that in those such jurisdictions the release of liability will be limited to the extent permitted.
Notwithstanding any provision herein in the event that you (whether you are a Customer, a User, an Owner or a Finder) make a claim against SearchandReturn.com or Proactive West Enterprise Inc. it is agreed that the maximum liability of SearchandReturn.com or Proactive West Enterprise Inc. is limited to the amount you have paid to purchase, register or activate SearchAndReturn.com products.
This website may be linked to, or have included within, other websites on the Internet. SearchAndReturn has not reviewed any or all of the sites linked to www.SearchAndReturn.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, SearchAndReturn does not endorse the site operator or the content of the linked site.
12. Monitoring the Website:
The Customer acknowledge and agrees that SearchAndReturn.com reserves the right to prohibit without advance notice any user from using its website and related services if SearchandReturn.com or Proactive West Enterprise Inc. determines that the user is in contravention of the Conditions of Use.
13. International Use:
SearchAndReturn makes no representation that the Content is suitable for use outside of North America.
SearchAndReturn.com reserves the right, in its sole discretion, to terminate without advance notice a user’s access to all or part of its website.
15. Choice of Law:
You agree that any dispute with SearchandReturn.com or Proactive West Enterprise Inc. regarding your use of this website is governed by and will be construed in accordance with the laws in force in the Province of British Columbia and you also agree that the courts of the Province of British Columbia shall have exclusive jurisdiction with respect to any matter arising out of or in connection with this agreement or your use of this website and any Court action must be instituted in the city of Nanaimo, British Columbia.
Use of this web site is unauthorised in any jurisdiction that does not give full effect to all provisions of this agreement between you and SearchandReturn.com and Proactive West Enterprise Inc.
16. Severed Provisions and Entire Agreement:
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.
The Conditions of Use and the Privacy Notice constitutes the whole and entire agreement between you and SearchandReturn.com or Proactive West Enterprise Inc. in respect to the subject matter hereof and supersedes any and all prior agreements, whether oral or in writing.