Proactive West Enterprise Inc. operates this website (“www.SearchAndReturn.com.”), including all information, documents, content, materials, software and services (the “Content”) available on www.SearchAndReturn.com. Website and content is available to you only for your personal, non-commercial use subject to the conditions of use set forth in the present agreement (“Conditions of Use “), 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 to comply with all applicable laws and regulations, including, but not limited to, all applicable export and re-export control laws and regulations.
Your use of www.SearchAndReturnwill be subject to the most recent version of the Conditions of Use posted on www.SearchAndReturn.com. It is your responsibility to periodically consult these 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 the 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 products on our 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 all Content and materials available on this website are protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by SearchAndReturn, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly 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 website on 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 site. 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 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 not a child and 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’s website, or the Customer has the permission of the owner of the credit or debit card to purchase items on SearchAndReturn’s site.
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 SearchAndReturn’s 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 services (“Services”).
A Customer registers the recovery tag 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, and to also print it and to keep it in a safe place.
SearchAndReturn 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 atwww.SearchAndReturn.com.
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, a SearchAndReturn will being search and investigation.
SearchAndReturn 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, or is reported found by a Finder, SearchAndReturn will make all reasonable attempts to contact the Customer by phone and email until the Customer is reached. Once SearchAndReturn has made contact with the Customer, the Customer is responsible for setting up and meeting with the Finder. SearchAndReturn is not responsible for any logistics or costs associated to the return or shipping costs of the recovered item. SearchAndReturn 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 can share the Finder’s information with the Customer to facilitate the recovery. Note that SearchAndReturn 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 and Proactive West Enterprises Inc. of and from any liability of any kind, whatsoever and howsoever arising in relation to the Interaction.
SearchAndReturn has no obligation or responsibility to provide service of any kind for a Customer who do 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 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 via our online Contact Us page.
- You can unsubscribe by clicking on the link available in the information e-mails sent to you.
- SearchAndReturn 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 you must email your request to firstname.lastname@example.org.
- All communication from SearchAndReturn including but not limited to: emails, texts, phone calls, website, social media pages, marketing materials, online orders etc. will be in the English language.
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 will facilitate the Owner and Finder to communicate directly together, in order to have the item returned. SearchAndReturn is not responsible for any logistics or costs associated with the return of the item or the shipping costs related to the recovered item. At this point, SearchAndReturn will not be held liable for any communication, security or theft related incidents. SearchAndReturn strongly recommends providing as little information as possible to the Finder as we cannot guarantee if the information may be used for malicious purposes. When attempting to contact you as part of providing service, 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 we are not liable for situations which arise because you did not receive notifications, whether it is due to acts or omissions on our part, acts or omissions of one or more third parties or your acts or omissions.
Whether you are a Finder or a Customer, when choosing to communicate, meet or interact with another person (i.e., a Customer or Finder, as the case may be) via information provided by SearchAndReturn, you do so completely at your own risk. Please exercise appropriate measures to protect your security, safety and confidentiality at all times. SearchAndReturn takes no responsibility when a Finder or Customer interact with each other. Either party may contact SearchAndReturn to assist in arranging the recovery of your lost item should you not wish to communicate with the Customer/Finder.
8.Safety Reminders When Meeting Finder:
SearchAndReturn strongly urges you to follow the guidelines indicated below, while personally connecting with the Finder of your lost item. Minors under the age of 18 should not meet with the Finder unless accompanies by a parent or guardian. Do not share any personal information such as your home phone number or home address with the Finder. All meetings should occur during office hours and at a Police Department or Sheriff’s Office (the meeting should be within the lobby area).
Note: SearchAndReturn accepts no responsibility for any loss, damage, injury or death resulting from or by virtue of any communication or contact between a Customer and a Finder.
Upon a request by SearchAndReturn, you agree to defend, indemnify, and hold harmless SearchAndReturn/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 attorney’s fees, which arise from your use or misuse of this website. SearchAndReturn reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SearchAndReturn 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:
- immediately notify SearchAndReturn Inc. of any unauthorized use of your password or account or any other breach of security,
- ensure that you exit from your account at the end of each session.
SearchAndReturn Inc. 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 Services, including Content that may relate to or identify you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SearchAndReturn Inc. and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
10. Disclaimer of Warranty and Exclusion of Liability:
SearchAndReturn makes reasonable efforts to provide you with the most current and accurate information on www.SearchAndReturn; however, we do not warrant that everything you see on www.SearchAndReturn is error free or complete. SearchAndReturn/ Proactive West Enterprises Inc. will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or the use of the website www.SearchAndReturn.
The Content and Services on 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 OR FITNESS FOR A PARTICULAR PURPOSE. You expressly agree that your use of this site is at your own risk.
SearchAndReturn/Proactive West Enterprises Inc. does not guarantee that any personal property bearing SearchAndReturn’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.
A Customer agrees that SearchAndReturn/ Proactive West Enterprises Inc. shall not be liable for any failure to recover any personal property of the Customer bearing SearchAndReturn’s labels or tags or for any damage done to the Customer’s personal property. SearchAndReturn/Proactive West Enterprises Inc. shall not be liable to a Customer for any damage of any kind whatsoever or however caused by a Finder or any other third party. SearchAndReturn/Proactive West Enterprises Inc. shall not be deemed to be a bailee of any item of personal property if it comes into our physical possession, and shall have no duty of care to you in respect thereof.
SearchAndReturn is not an insurance company and does not offer any insurance coverage for any losses, costs or expenses relating to any lost or recovered items.
SearchAndReturn does not guarantee that any lost item will be found. SearchAndReturn’s service is not a GPS system, bios or firmware enabled, RIFD, implanted chip, or electronic tracking or locating device of any kind.
In the event that an item with a SearchAndReturn label or tag attached is found, and the tag has not been activated, SearchAndReturn makes no warranty that it will be able to return the item to the Customer as it may not have the necessary details to do so.
Under no circumstances shall SearchAndReturn/Proactive West Enterprises Inc. be liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss that result from the use of, or inability to use, this website, SearchAndReturn, its products or services. This limitation of liability applies whether the alleged liability on the part of SearchAndReturn/Proactive West Enterprises Inc. is based on contract, tort, negligence, strict liability, or any other legal basis, even if SearchAndReturn/Proactive West Enterprises Inc. has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of SearchAndReturn/Proactive West Enterprises Inc. in such jurisdictions shall be limited to the extent permitted by law.
Certain provinces 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. Notwithstanding any provision herein to the contrary, in the event that you (whether you are a Customer, a User, an Owner or a Finder) make a claim against Proactive West Enterprises Inc., of any kind whatsoever or howsoever caused whether based in equity, in contract or in tort, it is agreed that the maximum liability of Proactive West Enterprises Inc. is limited to the amount of you have paid to purchase, register or activate SearchAndReturn 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 has the right to monitor www.SearchAndReturn.com, its website related services, and to disclose any information necessary to operate www.SearchAndReturn.com to protect itself and to comply with legal obligations or governmental requests. SearchAndReturn also reserves the right to prohibit any user from using the website and related services who, as determined by SearchAndReturn in its sole discretion, violates these Conditions of Use. Such prohibition may occur with or without notice to the User.
13. International Use:
SearchAndReturn 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.
SearchAndReturn reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
15. Choice of Law:
You agree that any dispute with SearchAndReturn 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.
Furthermore, in the unfortunate event of any claim or dispute arising out of or in connection with this website and/or these terms and conditions and/or any contract between you and SearchAndReturn, you agree to engage in good faith with us in a process of mediation before commencing any litigation. Any such mediation will take place in Nanaimo, British Columbia.
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.
This Agreement, and the Privacy Notice, set forth the entire agreement and understanding between SearchAndReturn and the User, the Finder and the Customer 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 Conditions of Use, we will post those changes here. Please refer to this page on a continual basis.