Welcome to EyesOn. These terms and conditions are the agreement between us. They replace any earlier agreements between us and apply to all your EyesOn service, past, present, and future, until changed or replaced by new terms and conditions.
You can contact us at any time by calling us at 0114253092 or 0834424567 or by writing us at P.O. Box 14350, Bredell, 1623.
PLEASE READ THIS AGREEMENT BEFORE USING ANY EyesOn SERVICE. KEEP A COPY OF IT IN A SAFE PLACE. READ AND KEEP A COPY OF ANY ADDITIONAL EyesOn DOCUMENTS GIVEN OR SENT TO YOU. ANY EyesOn DOCUMENTS THAT SAY THEY BECOME PART OF YOUR EyesOn AGREEMENT ARE PART OF THIS AGREEMENT IF YOU ACCEPT ANY OF THE SERVICES THEY DESCRIBE.
1. YOUR EyesOn SERVICE AND EQUIPMENT. Your car, truck, or other vehicle (your "Car") must will be fitted with authorized EyesOn Equipment-the hardware and software used to provide EyesOn service-for you to receive EyesOn service. With EyesOn Equipment, you can get EyesOn service through an Included EyesOn Plan or an Additional EyesOn Plan.
An Included EyesOn Plan is the service included in the purchase or lease price of your Car if it came with EyesOn service. This document will describe the length and details of any Included EyesOn Plan. You can also get EyesOn service through an Additional EyesOn Plan. This is any other subscription for service you buy from us. Renewals or upgrades in service for Included EyesOn Plans are also treated as Additional EyesOn Plans. You pay for any Additional EyesOn Plan in advance in one lump sum or on a monthly basis.
2. STARTING YOUR EyesOn SERVICE. You can only get and use EyesOn service by accepting this agreement. You accept this agreement when you buy or lease a new or used Car that includes EyesOn service in the purchase price, OR when you sign a contract that includes this agreement, OR when you speak with an EyesOn Advisor and register for EyesOn service, OR when you use the EyesOn service or accept any of its benefits (including using a Car with active EyesOn service). If you do ANY one or more of these four things to accept, you're bound by this agreement and any later changes or amendments to it.
3. ENDING YOUR EyesOn SERVICE. You can cancel your EyesOn service at any time after the 36 month contract has expired. All you have to do is call us or press the blue EyesOn button in your Car and tell an EyesOn Advisor you want to cancel service. We will need a letter as well with your ID number and personal detail to the effect. If you cancel some or all of your service, you won't be entitled to any refunds for that service, EyesOn Equipment, or amounts already paid. There is one exception: we'll refund the balance remaining on an Additional EyesOn Plan, unless otherwise specifically provided by the terms of the plan. If you cancel service, we may turn off your EyesOn Equipment and you may have to pay for any reactivation.
4. HOW MUCH YOUR EyesOn SERVICE COSTS. The cost of EyesOn service depends on the EyesOn plan you buy. You can get information on the prices and the services in each Included EyesOn Plan or Additional EyesOn Plan and for EyesOn Personal Calling by calling (0832651331) us and asking an Advisor
5. AUTOMATIC RENEWAL OF YOUR EyesOn SERVICE. IF YOU HAVE A CREDIT OR DEBIT CARD ACCOUNT OR OTHER SIMILAR PAYMENT ACCOUNT ON FILE WITH US AND YOUR Included EyesOn Plan OR Additional EyesOn Plan EXPIRES, WE'LL AUTOMATICALLY RENEW IT AS A NEW Additional EyesOn Plan EACH MONTH AFTER THAT FOR A NEW ONE-MONTH TERM. We'll continue to renew your EyesOn service automatically, and to charge you for each month in advance, until you tell us to cancel your service or to renew it for a longer period of time. We'll use the monthly rates then in effect for those charges.
6. REACTIVATING OR CHANGING YOUR EyesOn SERVICE. We'll only accept requests from you (or from someone we believe is your authorized agent) to activate, cancel, change, reactivate, renew, or transfer your EyesOn service. If we do any of these things, you agree to pay any charges associated with these requests.
7. CHANGES BY US TO YOUR EyesOn SERVICE. We can change your EyesOn service at any time. This includes changing any or all of this agreement, even the prices and services provided. IF YOU DON'T CANCEL YOUR EyesOn SERVICE WITHIN 30 DAYS AFTER WE GIVE YOU NOTICE OF A CHANGE, YOU'RE AGREEING TO THE CHANGE AND IT BECOMES PART OF THE AGREEMENT BETWEEN US. You can get a copy of the current terms and conditions, by calling us and asking an Advisor.
8. HOW YOUR EyesOn SERVICE WORKS. EyesOn service works using cellular or other wireless phone networks in the Republic of South Africa, as well as the Global Positioning System ("GPS") satellite network. ALL EyesOn SERVICES AREN'T AVAILABLE EVERYWHERE, PARTICULARLY IN REMOTE AREAS, OR AT ALL TIMES.
EyesOn service can't work unless your Car is in a place where we have an agreement with a wireless service provider for service in that area. EyesOn service also can't work unless you're in a place where the wireless service provider we've hired for that area has coverage, network capacity, and reception when the service is needed, and technology that's compatible with the EyesOn service. EyesOn service that involves location information about your Car can't work unless GPS satellite signals are unobstructed and available in that place as well.
YOUR CAR HAS TO HAVE A WORKING ELECTRICAL SYSTEM (INCLUDING ADEQUATE BATTERY POWER) FOR THE EyesOn Equipment TO OPERATE. EyesOn service may not work if your EyesOn Equipment isn't properly installed (by someone we've authorized) or you haven't maintained it and your Car in good working order and in compliance with all government regulations. (If you try to modify any equipment or software in your Car including the EyesOn Equipment, the EyesOn service may not work and we can terminate your EyesOn service.) Your EyesOn Equipment needs to be compatible with the EyesOn service and the wireless service provided by our wireless service provider, too.
There are other problems we can't control that may prevent us from providing EyesOn service to you at any particular time or place. Some examples are damage to important parts of your Car in an accident, hills, tall buildings, tunnels, weather, electrical system design and architecture of your Car, or wireless phone network congestion.
9. EyesOn ADVISORS CONNECT YOU TO OTHER SERVICE PROVIDERS. Our EyesOn Advisors link you or your Car to other service providers such as the police, fire department, or ambulance service. We'll use reasonable efforts to contact appropriate service providers for help when you ask for it or when the EyesOn system in your Car signals for it, but we can't promise that any service providers will respond in a timely manner or at all.
10. CAUTIONS ABOUT EyesOn SOFTWARE. EyesOn service involves software that we may need or want to change from time to time. We may do this remotely without notifying you first. Such changes may affect or erase data you've stored on the EyesOn Equipment in your Car such as EyesOn Personal Calling nametags you've created. We aren't responsible for lost data. Except for EyesOn's first version of EyesOn Equipment, the EyesOn Equipment does not work with another company's wireless service.
11. CAUTIONS ABOUT VOICE RECOGNITION. Some EyesOn service involves voice recognition software. It can recognize many voices and words, but not all. We can't promise it will work with your voice. (NOT AVAILABLE)
12. CAUTIONS ABOUT A CHANGE IN EyesOn SERVICE IN 2008.
NOT APPLICABLE
13. SOME OTHER DETAILS ABOUT EyesOn Personal Calling. For EyesOn Personal Calling to work, your Car must have the right EyesOn Equipment. (Not all EyesOn Equipment can provide this service.) You also have to be in an area where EyesOn Personal Calling is available. Unless a package of EyesOn Personal Calling minutes came with the purchase of your Car, you'll need to buy a package of minutes in advance to use EyesOn Personal Calling. Minutes for EyesOn Personal Calling are generally good for one year after you buy them, so long as you still have EyesOn service. They aren't refundable (unless the law requires it) and can't be transferred to someone else or carried over after they expire. Most calls using EyesOn Personal Calling will reduce your package of minutes. THIS REDUCTION BEGINS WHEN YOU PLACE A CALL (AFTER YOU DIAL) OR RECEIVE A CALL, AND STOPS SHORTLY AFTER THE CALL ENDS. MINUTES ARE USED EVEN FOR CALLS THAT FAIL TO CONNECT (FOR EXAMPLE, CALLS THAT RING UNANSWERED OR THAT REACH A BUSY SIGNAL) AND THAT LAST MORE THAN 10 OR 35 SECONDS (DEPENDING ON YOUR EyesOn Equipment). WE ROUND TIME UP TO THE NEXT FULL MINUTE, SO, FOR EXAMPLE, A CALL THAT LASTS FOR 1 MINUTE AND 15 SECONDS WILL REDUCE YOUR PACKAGE OF MINUTES BY 2 MINUTES. Calls may be made in the RSA only.
14. COMBINED PLAN WITH A HANDHELD PHONE. NOT AVAILABLE
15. WHAT IF YOUR CAR IS STOLEN? If your Car is stolen, we can try to locate it. Before we try to locate it, you'll need to provide satisfactory identification, and the police must be treating the Car as stolen. We don't have to continue to try to locate your Car after 48 hours from the time you first report it stolen, and we can't guarantee that we'll find it. We also aren't required to try to find your Car for the purpose of locating someone.
16. WHAT IF YOU NEED US TO UNLOCK YOUR DOORS? We can often unlock your Car doors remotely if you're locked out. You'll need to call us and provide satisfactory identification before we can try. If we can't unlock your doors remotely, we'll contact roadside assistance to help you. (SUBSCRIBED SERVICE) Your vehicle must have central locking.
17. YOUR RESPONSIBILITY FOR EyesOn SERVICE. It's your responsibility to make sure your Car and your EyesOn Equipment are working. You can press the EyesOn button to confirm that your EyesOn Equipment is active. For test purposes call us first to advise us of the test. False panics may be charged at R750 each and if a recovery team is dispatched the charge may escalate to as much as R3000. Even if your EyesOn Equipment is activated and working, some EyesOn services (such as remote door unlock ) may not be available until you register. You'll need to provide us with satisfactory identification before we'll provide some EyesOn services. The EyesOn Equipment in your Car may be active before you buy or lease your Car or press the EyesOn button to begin using the service. In that case, we may provide you with EyesOn services and create an account with personal information about you that we get from the maker of your Car, unless you call us or press the EyesOn button in your Car and tell an EyesOn Advisor that you want to cancel service.
You promise to use EyesOn emergency and roadside services only for actual emergencies and roadside assistance needs. You promise not to use any EyesOn service for any fraudulent, unlawful, or abusive purpose, or in any way that interferes with our provision of services to our other customers. You promise you won't abuse or do anything to damage our business operations, services, reputation, employees, facilities, or service providers. If you do any of these things, you agree you'll be responsible for any amount anyone else claims from us, plus any expenses, resulting in whole or in part from that use or your actions.
18. YOUR RESPONSIBILITY FOR INFORMATION RECEIVED THROUGH YOUR EyesOn SERVICE. Certain information you receive through your EyesOn service belongs to us or third parties who provide it through us. It may be covered by one or more copyrights, trademarks, service marks, patents, or other legal protections. You promise not to use any content you receive through EyesOn except as expressly authorized by us. You can't resell any of it or use it for commercial purposes. You can't copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it.
19. YOUR RESPONSIBILITY TO PAY FOR YOUR EyesOn SERVICE. Depending on the service you buy, you'll have different payment responsibilities, but you must always pay on time and (unless the law provides otherwise) in full. (If you make monthly payments, we'll prorate the amounts owed when your service starts or stops before the beginning or end of a monthly billing period.) You're responsible for paying directly to others (such as emergency service providers) all charges for services furnished by them that aren't expressly covered by your Included EyesOn Plan or Additional EyesOn Plan.
20. HOW TO PAY FOR YOUR EyesOn SERVICE. You pay for an Included EyesOn Plan when buying or leasing your Car at an additional R190 per month for a 36 (thirty six) month period. How you pay for other EyesOn service can vary, but generally you must pay for any EyesOn service before you get the service. You MUST give us a valid credit, debit card number or banking details for debit order to purchase EyesOn Personal Calling minutes. We'll charge your credit or debit card or bill you for other services as specified by us when you choose them. IF YOU GIVE US A CREDIT OR DEBIT CARD NUMBER, YOU'RE AUTHORIZING US TO CHARGE IT FOR ALL SERVICES AND ALL OTHER AMOUNTS UNDER THIS AGREEMENT WITHOUT FURTHER OR PRIOR NOTICE TO YOU. If you pay with a check, and it's returned to us unpaid (that is, it bounces), we can charge you a fee (related to our costs) of up to R225. If your credit or debit card provider refuses a charge, or a check bounces, we can also terminate or suspend your service. We won't recognize any restrictive language you try to include on checks such as "payment in full."
21. YOUR RESPONSIBILITY TO TELL US RIGHT AWAY ABOUT BILLING DISPUTES. If you object to any fees or charges for services billed by or through us, you must tell us in writing within 60 days after the fee or charge is incurred, or you're waiving the dispute.(PO BOX 14350, BREDELL,1623)
22. YOUR RESPONSIBILITY TO PAY FOR TAXES, FEES, AND SURCHARGES. You promise to pay all taxes, fees, and surcharges set by the government and charged to you by us. We may not tell you in advance of changes to these items.
23. YOUR RESPONSIBILITY TO PAY FOR OTHER FEES AND CHARGES. For some EyesOn services, we may charge additional fees related to our costs (or the costs of our wireless service providers) to comply with government regulations. These can include items such as SARS, ICASA, SIRA, SAIA Charges and other charges related to governmental costs. We or our wireless service providers set these charges. They aren't taxes, aren't required by law, are kept by us or our wireless service providers in whole or in part, and are subject to change.
24. YOUR RESPONSIBILITY FOR OTHERS WHO USE EyesOn SERVICE IN YOUR CAR OR WITH YOUR PERSONAL IDENTIFICATION NUMBER. YOU'RE SOLELY RESPONSIBLE FOR ANY USE OF EyesOn SERVICE IN YOUR CAR, EVEN IF YOU AREN'T THE ONE USING IT, AND EVEN IF YOU LATER CLAIM THE USE WASN'T AUTHORIZED. YOU'RE ALSO SOLELY RESPONSIBLE FOR THE SERVICES REQUESTED BY YOU, OR BY ANYONE USING YOUR CAR, THROUGH EyesOn. Neither we nor any service provider has any obligation to inquire about the authority of anyone using your Car. Neither we nor any service provider has any obligation to inquire about the authority of anyone using your Personal Identification Number or other security authorization.
25. YOUR RESPONSIBILITY FOR ALL TRANSACTIONS AND COMMUNICATIONS USING EyesOn SERVICE. Any transaction with anyone but us that you carry out using EyesOn service, and any use that you make of any information received from or through any EyesOn service, is entirely your responsibility. You act at your own risk.
26. OUR RIGHT TO TERMINATE OR SUSPEND YOUR EyesOn SERVICE. We may terminate your EyesOn service without prior notice to you for any good cause. This means, for example, we can terminate your service if you breach any part of this agreement, don't pay amounts that are due to us or one of our service providers, interfere with our efforts to provide service, interfere with our business, or if your EyesOn service or wireless phone number is used for illegal or improper purposes. You don't have any right to have EyesOn service reactivated, even if you cure any of these problems. Whether to allow you to have service again will be entirely up to us. We can suspend your EyesOn service for any reason we could terminate it. We can also suspend it for network or system maintenance or improvement, or if there's network congestion, or if we suspect your service is being used for any purpose that would allow us to terminate it.
27. TRANSFERRING SOME OF YOUR EyesOn SERVICE. You can transfer most of your EyesOn service to another Car or another person. There are a few exceptions. If you bought an Additional EyesOn Plan or EyesOn Personal Calling minutes, you may be able to transfer any whole months of the remaining Additional EyesOn Plan or any remaining minutes to a newly purchased or leased Car, depending on the make of the Car. You'll have to request the appropriate transfer and must meet all EyesOn requirements for service with your new Car.
28. TRANSFERRING PHONE NUMBERS FROM YOUR (NOT AVAILABLE)
29. YOU DON'T HAVE ANY OTHER RIGHTS IN YOUR EyesOn NUMBERS. You don't have any rights to any wireless phone number (such as the right to choose a number), or other identifying number (such as a Personal Identification Number) that you use with EyesOn service. We'll tell you if we decide to change or reassign them. A wireless phone number we assign for EyesOn Personal Calling may not be in your local area code. We aren't responsible to you for any theft of your number or numbers.
30. WHAT IF YOU SELL YOUR CAR? You promise to notify us if you sell your Car or end its lease. If you sell or transfer your Car, you'll remain responsible for all charges for any EyesOn service or any related handheld phone for the remainder of the contract.
31. YOUR PRIVACY. We collect information about you and your Car several different ways: from what you and your Car dealer provide to us when you register for EyesOn service or buy or lease your Car; from our wireless service providers and XM Satellite Radio, Inc.; and from your Car itself when your EyesOn Equipment is active. THE INFORMATION WE GET FROM YOUR CAR INCLUDES THINGS SUCH AS DATA ABOUT ITS OPERATION, ABOUT YOUR USE OF EyesOn SERVICES, ABOUT WHERE YOUR CAR IS JUST BEFORE AND DURING REQUESTS FOR EyesOn SERVICE IN YOUR CAR, AND (DEPENDING ON YOUR EyesOn Equipment) DATA ABOUT ACCIDENTS INVOLVING YOUR CAR (for example, the direction from which your car was hit).
You agree that we can, subject to applicable law, use any of this information to: (a) provide EyesOn services to you or your Car (including sharing that information with roadside assistance providers, emergency service providers, or others, as needed); (b) check or maintain your EyesOn Equipment; (c) provide information to the maker of your Car about the Car's performance and to enable the maker of your Car to comply with law; (d) help you or managers of fleets of Cars (if your Car is part of a fleet) to maintain the Car; (e) evaluate and improve our service; (f) enforce this agreement with you or others; (g) prevent fraud or misuse of EyesOn service; (h) comply with legal requirements, valid court orders and exigent circumstances; (i) protect the rights, property, or safety of you or others; (j) offer you new or additional products or services; or (k) perform market research.
You also agree that we can, subject to applicable law, share your contact information, information about your current EyesOn services, your Car's vehicle identification number, and information about the use of your Car's features with the maker of your Car (and its wholly-owned subsidiaries), with car dealers, XM Satellite Radio, Inc., and with our wireless service providers for purposes of offering you products and services.
Because EyesOn provides service through wireless networks, we can't promise that your communications won't be intercepted by others. You agree we won't be liable for any damages for any loss of privacy occurring in communication over such networks. We'll record and randomly monitor conversations by you or others from your Car with us, with emergency service providers, or with the police to maintain or improve the quality of EyesOn service, for training purposes, or to promote and provide EyesOn service. Please note that our EyesOn Advisors may also remain on the line if they conference in a third party to assist in completing a service request.
32. NO WARRANTIES ON EQUIPMENT, INFORMATION, OR SERVICES FROM EyesOn. Warranties are special kinds of promises. WE DON'T MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT EyesOn Equipment or any other equipment used with EyesOn service. You may have a warranty on EyesOn Equipment or other equipment from the maker of your Car, but not from us. In addition, NEITHER WE, NOR ANY OF OUR SUPPLIERS, WIRELESS SERVICE PROVIDERS, LICENSORS (INCLUDING THE QUEEN IN RIGHT OF CANADA), VEHICLE MAKERS, DISTRIBUTORS, OR DEALERS (THE "SERVICE PROVIDERS") MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT EyesOn SERVICE OR ABOUT ANY DATA OR INFORMATION OR SERVICES PROVIDED THROUGH IT. THIS MEANS, AMONG OTHER THINGS, NO WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT.
33. LIMITATIONS OF LIABILITY. YOU AND EyesOn ARE EACH WAIVING IMPORTANT RIGHTS. UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, WE EACH AGREE AS FOLLOWS:
First, WE AREN'T LIABLE FOR THE ACTIONS OR INACTIONS OF ANY SERVICE PROVIDER WE CONTACT FOR YOU OR YOUR CAR, OR FOR OUR INABILITY TO CONTACT ANY SERVICE PROVIDER IN ANY PARTICULAR SITUATION.
Second, WE AREN'T LIABLE TO YOU FOR (1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO YOUR USE OF EyesOn Equipment OR EyesOn SERVICE, OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF EyesOn Equipment.
Third, OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICE DURING WHICH SUCH DAMAGES OCCUR.
Fourth, UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO ANY CHARGES DUE AND OWING BY YOU TO US.
Fifth, CAN RECOVER (1) PUNITIVE DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR (3) ATTORNEY'S FEES.
Sixth, WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS OF 48 HOURS OR LESS. TO RECEIVE SERVICE CREDIT FOR LONGER INTERRUPTIONS, YOU MUST NOTIFY US WITHIN 60 DAYS AFTER THE TIME WHEN THAT SERVICE INTERRUPTION STARTED. Except for any credits provided voluntarily by us for a dropped call, or credits for interrupted service as described above, NO ONE IS LIABLE TO YOU FOR DROPPED CALLS OR INTERRUPTED SERVICE, OR FOR PROBLEMS CAUSED BY OR CONTRIBUTED TO BY YOU, BY ANY THIRD PARTY, BY BUILDINGS, HILLS, TUNNELS, NETWORK CONGESTION, WEATHER, OR ANY OTHER THINGS WE OR OUR SERVICE PROVIDERS DON'T CONTROL.
Seventh, NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE TO EXCUSE ANY NON-PERFORMANCE BY US OR ANY SERVICE PROVIDER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE, OR OTHER CAUSES BEYOND THE CONTROL OF US OR OUR SERVICE PROVIDERS.
Eighth, if another wireless service provider is involved in any problem (for example, because of roaming), you also agree to any limitations of liability that it imposes on its customers.
Ninth, neither we nor Service Providers who work with us to provide you with data or information can promise that any information or data supplied will be error-free. ALL DATA AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. YOU AGREE THAT NEITHER WE NOR ANY SERVICE PROVIDER WHO SENDS YOU DATA OR INFORMATION THROUGH EyesOn, IS LIABLE FOR ANY ERRORS, DEFECTS, PROBLEMS, OR MISTAKES IN THAT DATA OR INFORMATION. THIS MEANS YOU CAN'T RECOVER ANY DAMAGES OF ANY KIND, INCLUDING CONSEQUENTIAL (such as lost revenues or lost contracts), INDIRECT, SPECIAL, OR PUNITIVE DAMAGES FOR THOSE ERRORS, DEFECTS, PROBLEMS, OR MISTAKES.
Tenth, unless you have a contract with one of our wireless service providers for a combined plan for a handheld wireless phone and your EyesOn Equipment, YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR WIRELESS SERVICE PROVIDERS AND AREN'T A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND ANY OF OUR WIRELESS SERVICE PROVIDERS. Unless you have a separate contract with them, NONE OF OUR WIRELESS SERVICE PROVIDERS HAS ANY LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU. YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY.
Finally, you agree that the limitations of liability and indemnities in this agreement will survive even after the agreement has ended. These limitations of liability apply not only to you, but to anyone using your Car, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your EyesOn service or EyesOn Equipment.
NOTE: Some states don't allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations above may not apply in some situations.
34. YOUR RESPONSIBILITY FOR INSURANCE. The service EyesOn provides is intended as a convenience. The payments you make for the service aren't related to the value of your Car or any property in it, or the cost of any injury to or damages suffered by you. We aren't an insurance company. You promise you'll obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks. FOR YOURSELF AND FOR ANYONE ELSE CLAIMING UNDER YOU, YOU HEREBY RELEASE AND DISCHARGE EyesOn AND ITS SERVICE PROVIDERS, THEIR PARENTS, AFFILIATES, AND SUBSIDIARIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES OF ANY OF THEM FROM AND AGAINST ALL HAZARDS COVERED BY YOUR INSURANCE. NO INSURANCE COMPANY OR INSURER WILL HAVE ANY RIGHT OF SUBROGATION AGAINST EyesOn OR ITS SERVICE PROVIDERS.
35. YOUR RESPONSIBIILTY FOR PAYMENT IN SOME CIRCUMSTANCES. In order to get EyesOn service, YOU AGREE THAT YOU'LL BE RESPONSIBLE FOR ANY AMOUNT ANYONE ELSE CLAIMS FROM US (OR OUR SERVICE PROVIDERS, THEIR OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS) PLUS ANY EXPENSES, RESULTING FROM ANY CLAIM, DEMAND OR ACTION, REGARDLESS OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND, OR ACTION ALLEGING LOSS, COSTS, EXPENSES, DAMAGES, OR INJURIES (INCLUDING INJURIES RESULTING IN DEATH) ARISING OUT OF OR IN CONNECTION WITH (1) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT, WHETHER BROUGHT BY YOU, YOUR EMPLOYEES, OR THIRD PARTIES, EVEN IF DUE TO THE SOLE NEGLIGENCE OF ANY OF THE SERVICE PROVIDERS; (2) THE USE OR POSSESSION OF DATA OR INFORMATION PROVIDED IN CONNECTION WITH EyesOn SERVICE; (3) CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING OUT OF OR RELATED IN ANY WAY DIRECTLY OR INDIRECTLY TO THIS AGREEMENT; or (4) THE USE, FAILURE TO USE, OR INABILITY TO USE EyesOn SERVICES, EXCEPT WHERE THE CLAIMS RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OF THE SERVICE PROVIDERS.
In addition, if you've authorized EyesOn to charge amounts due against your credit or debit card account or other similar account by giving us a card or account number, THEN YOUR AGREEMENT IN THIS SECTION EXTENDS TO CLAIMS, EXPENSES, LIABILITIES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OR OWNERSHIP OF THE CREDIT OR DEBIT CARD ACCOUNT OR OTHER SIMILAR PAYMENT ACCOUNT, OR FROM THE ISSUER'S REFUSAL TO PAY AMOUNTS CHARGED TO SUCH ACCOUNT.
36. HOW WE'LL RESOLVE DISPUTES BETWEEN US. If you and we have a disagreement related to EyesOn service, we'll try to resolve it by talking with each other. If we can't resolve it that way, WE BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE ARBITRATION, NOT LAWSUITS (except for small claims court cases) TO RESOLVE THE DISPUTE. Of course, either of us can always contact a government agency or regulatory authority for help, too.
37. THE LAW THAT GOVERNS OUR RELATIONSHIP. To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the RSA without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.
38. HOW WE CAN COMMUNICATE WITH EACH OTHER. Any written notice from you required by this agreement will be considered given when we receive it at our address on the front of this agreement. Any written notice from us required by this agreement will be considered given two days after we mail it to you at the billing address we have on file for you at the time. Any oral notices will be considered given when we call you or when you call us at (0832651331) followed by a written letter
39. WHO ELSE THIS AGREEMENT COVERS. Any of the wireless service providers and other companies who help us provide EyesOn service, including our affiliates, suppliers, Car makers, distributors and our authorized dealers, or who provide you services through EyesOn, are intended beneficiaries of this agreement. You agree that you'll make any of your passengers or guests or drivers of your Car aware of our rights and subject to the limitations of this agreement.
40. OUR RELATIONSHIP WITH YOU. No matter what else it says, this agreement doesn't create any fiduciary relationships between you and us, or between you and any of the wireless service providers or other companies who help us provide EyesOn service, including our affiliates, suppliers, Car makers, distributors and our authorized dealers and others who provide you services through EyesOn. It doesn't create any relationship of principal and agent, partnership, or employer and employee, either.
41. WE CAN ASSIGN THIS AGREEMENT. We can assign this agreement or your obligations to pay under it in whole or in part to anyone we choose. You can't assign this agreement or your obligations to anyone else without our prior consent.
42. THIS IS THE ENTIRE AGREEMENT. This agreement (these terms and conditions and any other EyesOn documents incorporated in them) is the entire agreement between you and us. It supersedes all other agreements or representations, oral or written, between us, past or present. If any part of this agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it's been replaced by a new agreement between us). It will also be binding on your heirs and successors and on our successors. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. IN SOME CIRCUMSTANCES WE MIGHT DECIDE TO PROVIDE YOU SERVICE VOLUNTARILY EVEN IF YOU WOULDN'T OTHERWISE QUALIFY. THIS WON'T BE A WAIVER OR REQUIRE US TO DO SO AGAIN. YOU AGREE WE WON'T BE LIABLE FOR ANYTHING RESULTING FROM OUR PROVISION OF SUCH SERVICE.