Bright Smart Inc. Purchase Terms & Conditions
Bright Smart Inc. shall provide Services/Product to the Customer upon acceptance of a Customers order. All orders are subject to Bright Smart Inc. approval. Bright Smart Inc. reserves the right to refuse or reject orders without explanation.
Rental Terms & Conditions
Bright Smart Inc. and Customer hereby agree to the following terms and conditions with respect to the provision by Bright Smart Inc. to the Customer of the products (the device) and related services which are described in the Rental Agreement.
If the Customer is an entity other than an individual, then the person signing the Agreement represents and warrants that he/she has been properly authorized and empowered to enter into the Agreement on behalf of such entity.
Customers shall follow the procedures outlined in the instruction manual(s) supplied by Bright Smart Inc., as well as those instructions provided by the Suppliers of Services to Bright Smart Inc.. Bright Smart Inc. shall bear no responsibility for failure of Customers to use the Services in accordance with the said instructions.
Rates & Payment
All charges can be found on our website www.travel-wifi.ca for the selected Service Plan at the time of use. Bright Smart Inc. reserves the right to modify and/or add rates and charges from time to time, without prior notice to the Customer. Bright Smart Inc. attempts to be as accurate as possible on our website and in printed materials. Still, despite our efforts, it is possible due to computer or other error or causes that a product or service offered on the site may be incorrect or contain an inaccuracy in its description. In the event Bright Smart Inc. determines that a product or service is incorrectly presented or contains an inaccurate description, Bright Smart Inc. reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order.
The Customer shall inform Bright Smart Inc. of any disputes or disagreements with invoiced charges within 30 days of the date of invoice. Thereafter, the Customer shall be deemed to have waived its right to dispute charges. If the Customer has furnished a credit card number for the payment of charges under the order, then the Customer represents that he or she is an authorized signer on the account of such credit card. All charges related to the order shall be charged to the furnished credit card upon invoice generation. A copy of the invoice outlining all charges shall be emailed to the Customer upon request. In addition, the Customer agrees to assume personal responsibility for all payments due in consideration of the order. Should customers have concerns about product service performance, the customer must formally contact Bright Smart Inc. Technical Support or Customer Service regarding the issue during their travels. In situations where the service is deemed not to have worked during travels, Bright Smart Inc. will be unable to provide compensation, or reevaluate charges if no record of these troubles was made through Bright Smart Inc. Customer Service or Technical Support departments or if Bright Smart Inc. was not given the opportunity to troubleshoot and resolve issues during the service period.
Bright Smart Inc. will use reasonable efforts to deliver the Product but it shall not incur any liability to the Customer in the event of any delay caused by force majeure or other circumstances beyond its control. The Customer will accept the Product when delivered and if for any reason the Customer fails to accept the Product when delivered the Customer shall nevertheless be liable for the stated charge in full.
Use of Equipment / Product
Upon delivery to the Customer Bright Smart Inc. will provide an instruction leaflet on the use of the Equipment/Product.
The Customer will use the Equipment/Product in a careful and proper manner and in accordance with the instructions and in no other manner.
The Customer agrees that he/she will not:
– modify or repair equipment/product;
– remove or interfere with any certification markers affixed to the Equipment/Product;
– deface or add to the Equipment/Product;
– sublet or allow the use of the Equipment/Product by any third party; or
– attempt to dispose of the Equipment/Product or to grant any interest in the Equipment to any third party.
Service may not be used for any unlawful, fraudulent or abusive purpose and must be used as required by all applicable laws.
Bright Smart Inc. will only provide technical support for our own products and services. Bright Smart Inc. will not provide technical support for 3rd party products or services that work in conjunction with our products and services.
The Equipment/Product, including the transceiver and all accessories will at all times remain the property of Bright Smart Inc. The Customer acquires no rights other than temporary use. During the Rental Period no service or part replacements are authorized without written approval from Bright Smart Inc. The Customer agrees that he/she has examined the Equipment and that the Equipment is in good working order at the time of receipt.
Bright Smart Inc. warrants that the Equipment/Product will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment/Product or the operation of the telephone network to which it is connected, it being acknowledged by the Customer that Services may be temporarily interrupted, delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment/product failure.
BRIGHT SMART INC. MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR THE CELLULAR PHONE SERVICES FURNISHED UNDER THIS AGREEMENT.
Customer shall be solely responsible for and shall indemnify and hold harmless Bright Smart Inc. against all claims, demands and liability arising as a result of lease, possession use, condition, operation or misuse of the Equipment/Product or services provided hereunder whether in breach of Agreement or otherwise arising howsoever.
BRIGHT SMART INC. WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST BRIGHT SMART INC. FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT/PRODUCT OR THE FAILURE OF THE EQUIPMENT/PRODUCT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
BRIGHT SMART INC.
The Customer shall be liable to Bright Smart Inc. for all expenses, including reasonable attorneys fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce Bright Smart Inc. ‘s rights under this Agreement.
Bright Smart Inc. reserves the right to deactivate the Equipment/Product/Service at any time and without notice to the Customer, in the event that Bright Smart Inc. detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and Bright Smart Inc. shall have no liability whatsoever to the Customer for such deactivation.
Liability Regarding Service
Bright Smart Inc. assumes no responsibility for any damage, loss of property, opportunity or earnings, personal injury, death or any other loss whatsoever resulting from the Customers use of Services, including, but not limited to, use of 911 (or 112 which is the universal emergency number). This limitation applies to acts or omissions of Bright Smart Inc., it’s Suppliers, Agents, Employees and all persons for whom it may be responsible. Bright Smart Inc. does not guarantee the provision, quality and consistency of the Services as provided by our Carriers and is furthermore not responsible for any interruptions, delays, inconsistencies or failures of the network or security breaches regardless of the source of any such problem including, but notwithstanding, Bright Smart Inc. own fault or negligence.
Late return charge
Bright Smart Inc. may charge the late fee CAD$8.00 plus the regular rental fee shall be applied to any
products not postmarked/scanned within 1 day of returning home.
The Rental Charge and any other amounts due to Bright Smart Inc. under this Agreement are payable before Rental Period and Bright Smart Inc. shall be entitled to charge late fees on any overdue amounts.
If the Equipment/Product is not in working order when delivered or subsequently malfunctions then the Customer will notify Bright Smart Inc. immediately.
Bright Smart Inc. will repair or replace the Equipment/Product as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, Bright Smart Inc. will provide the Customer with the same or similar equipment/product (which shall constitute Equipment/Product for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred.
If Bright Smart Inc. finds that Equipment/Product reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment/Product.
Violation Terms or Condition
Bright Smart Inc. may terminate the order at any time without notice if it suspects any violation of any term or condition of the order. The Customer shall be responsible for all charges outstanding at the time of termination.
Loss / Theft / Fraud
The Customer must notify Bright Smart Inc. immediately regarding lost or stolen product if the Customer suspects or should reasonably suspect that the product is being used in an unlawful or fraudulent manner. Bright Smart Inc. requires evidence of alleged loss or theft in the form of a police report. The Customer agrees to provide reasonable co-operation in any investigation of unlawful use of Services or Equipment.
Unless otherwise agreed with Bright Smart Inc. the Customer shall return the Equipment/Product to Bright Smart Inc. at the designated return address printed on our website at the end of the Rental Period in good working order and in the same condition as when it was delivered to the Customer. The Customer shall return the Equipment/Product by a reliable courier service with tracking capabilities. Should the Customer return the Equipment/Product using means other than those specified in the instructions provided by Bright Smart Inc. . Packages returned with any components or pieces missing from the Equipment/Product will continue to be charged full rental until all such missing components or pieces are returned or replacement value of the Equipment/Product paid.
Should the Customer (a) obtain use of the Equipment/Product by any misrepresentation or fraudulent mean, or (b) tamper with the cellular data meter, or (c) use the Equipment/Product for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these terms and conditions then Bright Smart Inc. may, at its option and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement; (ii) immediately terminate all services to the Customer, and (iii) take immediate possession of the Equipment/Product without being obliged to repay any portion of the Rental Charges. Bright Smart Inc. may also terminate this Agreement without any liability whatsoever to the Customer in the event that service is not available to Bright Smart Inc. by a systems operator. No remedy of Bright Smart Inc. shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
The Customer shall pay the manufacturer’s full retail price to Bright Smart Inc.. for any Equipment/Product which is damaged or not returned at the end of the Rental Period.
A copy of these terms and conditions can be obtained online at www.travel-wifi.ca or by contacting obtained Customer Service emailing to: firstname.lastname@example.org. Bright Smart Inc. reserves the right to modify the Bright Smart Inc. Terms and Conditions at any time.
The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
No waiver by Bright Smart Inc. of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by Bright Smart Inc. or its authorized agent. This Agreement constitutes the entire agreement between Bright Smart Inc. and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment/Product, other than as set forth herein.
Usage of products/services signifies acceptance of Bright Smart Inc. Terms and Conditions.