Terms of Use

DistroTag™ Conditions of Use

General:

Smart Distro Limited operates this website (“www.distrotag.com”), including all information, documents, content, materials, software and services (the "Content") available on www.distrotag.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.distrotag.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.distrotag.com will be subject to the most recent version of the Conditions of Use posted on www.distrotag.com. It is your responsibility to periodically consult these Conditions of Use whenever you intend to use www.distrotag.com , and its products & services. If you do not agree to the Conditions of Use, do not use www.distrotag.com or any of the products and services.

DistroTag™ is a tradename belonging to Smart Distro Limited.

A user of www.distrotag.com is hereinafter referred to as the “User” or “You”. The User activating and/or purchasing DistroTag™ products is hereinafter defined as the "Customer". The User who finds a registered and/or activated product and reports their find to DistroTag™ is defined as the “Finder”.

By Purchasing, registering or activating DistroTag™ products on our website or through our call centre, the Customer acknowledges that they have read and agree with the present Conditions of Use and our Privacy Notice. You should review these the Conditions of Use and Privacy Notice carefully and make sure that you understand them before using the DistroTag™ website or installing the DistroTag™ Digital Tag APP and signing up for our services. If you do not agree to these conditions of use, you may not subscribe for, or use, the services or the website.

Ownership of Intellectual Property:

You acknowledge and agree that all Content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by DistroTag™, 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 site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

Smart Distro Limited owns the trademarks, service marks ("Trademarks") displayed on this site. Nothing on this site should be construed as a license to use the Trademarks. Your use of the Trademarks displayed on this site is strictly prohibited.

Concerning DistroTag™ products and services:

By Purchasing, registering or activating DistroTag™ products on our website, Mobile APP or over the phone, the Customer acknowledges and warrants that:

  • The Customer is the legal owner of the registered item and/or pet;
  • The Customer is over the age of 18 or 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, that Customer has permission to use the provided email address;
  • The Customer is the owner of the credit card or debit card used to purchase items on DistroTag™’s website, or has the owner's permission to purchase items on DistroTag™’s site by using the owner’s credit card or debit card.

Finder’s details:

By entering the Finder’s details on the www.distrotag.com website or allowing our call centre to do so, the Finder agrees to allow DistroTag™’s call centre and its shipping logistics partners to use the Finder’s information to assist in the recovery of a found item, and/or pet, 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 not be disclosed to the owner unless and only if the Finder agrees.

Service Length & Type:

DistroTag™ has 3 types of services.

Platinum Service: When an item registered is reported found by a finder, a dedicated DistroTag™ recovery agent is assigned to the case and makes every attempt to contact the owner by phone and email until the owner is reached for up to 60 days. Once DistroTag™ has made contact with the owner and confirmed their ship to address, DistroTag™ will make the necessary logistical shipping arrangements to have the item picked up, packaged and shipped back to the owner* free of charge from anywhere in the world using DHL express next day shipping option (Please note that our Platinum service will cover up to a maximum of ₦30,000.00 NGN for any associated shipping costs). DistroTag™ will also reward the finder with a gift card.

Gold Service: For this service, DistroTag™ will be responsible for collecting the registered found item from the finder, and keep at one of our collection centres for the owner to arrange pick-up within 60 days of notifying owner of location of item. If the owner wishes to pick-up the item directly from the finder and the finder agrees to meet the owner, DistroTag™ can share the finder’s information with the owner to facilitate the recovery. Note that DistroTag™ holds no responsibility in any shape or form, of the actions and outcome resulting from any direct interaction taking place between the owner and the finder.

Silver Service: DistroTag™ notifies the owner via email or SMS once a registered item has been found by a finder. With the consent of the finder, the owner will be able to contact the finder and arrange a suitable pickup of their item. Please note DistroTag™ will email or text the owner with the email address or phone number on file, it is the owner’s responsibility to ensure their information is always updated by logging in to their DistroTag™ account.

There is an annual subscription charge for each of the services. Subscribers can also choose a lifetime plan, for which there will be no continuing charge to the owner. Lifetime subscription covers the lifetime recovery of any registered (and activated) tagged item.

If however the owner requires assistance from DistroTag™ (ex: the item is in another city and the owner can’t physically meet the finder) a recovery service fee, in addition to shipping & handling fees will be charged (recovery service fee will cost ₦10,000.00 + courier shipping charges) for DistroTag™ to make the required logistical arrangements to have the lost item picked up from the finder and returned to the owner.

Customers may login to their DistroTag™ account to confirm their current service level status for any single recovery tag they have activated with DistroTag™. The customer can at any time decide to upgrade their service from one to another. The cost to do so ranges from ₦1,500.00 - ₦3,000.00 per year, per tag (depending on the type of tag and duration of service of 1year or lifetime) to upgrade to a higher service. Complementary recovery tags (given online, distributed at events, or received from agents) come with a free 6-month Silver Service included as of the date of the tag’s initial activation, after which the holder must subscribe to one of the available services, if they wish to continue to have access to DistroTag™’s services.

DistroTag™ has no obligation or responsibility to provide service of any kind for Customers who do not register (activate) their recovery tags or maintain a valid working email address or phone number. We strongly encourage all of our customers to make sure report@distrotag.com as well as emails being sent from our @distrotag.com domain, are white listed (or labelled as safe senders) in customers’ email profiles, to ensure emails being sent to them from DistroTag™ are not automatically filtered into spam or junk folders. All DND-activated numbers may be unable to receive SMS from DistroTag™, unless your given phone number has opted out of your mobile service provider’s DND list. We also strongly encourage customers to enter secondary contact numbers and email address from “My Account” at www.distrotag.com.

Shipping

When your item is being shipped, DistroTag™ insures it for a maximum of ₦100,000.00. If additional insurance is required, owner will have the option to discuss with the DistroTag™ recovery agent. DistroTag™ doesn’t take any responsibility for the delay or potential loss which may incur during the shipping process by the third party but will make every effort to ensure your item is quickly and safely returned. DistroTag™ will not ship any animals, instead we will notify the owner where the animal is and it is the owner’s responsibility to pick up their animal promptly. DistroTag™ will not ship any luggage/bags/parcels across countries due to the uncertainty of the contents inside (ex: drugs, weapons, banned species, food etc). DistroTag™ will notify the owner with the location of the item and assist the owner in creating a shipping manifest if required. Owner is responsible to create shipping manifest and pay any shipping costs. DistroTag™ will reimburse up to ₦40,000.00 USD in compensation provided receipts are submitted from the owner showing shipping charges they incurred to get back their luggage, bags or parcels provided the item was registered (activated) prior to being found.

Keeping your contact information up to date

You are responsible to update your contact information with DistroTag™ at all times. If your email address is incorrect, DistroTag™ may not be able to contact you. To update your information, login at www.distrotag.com or in to the DistroTag™ digital tag APP then click on My Account and follow the steps.

DistroTag™ Digital Tag APP

DistroTag™ Digital Tag APP is available for iOS and Android devices. While the vast majority of mobile phones and tablets have been tested with the DistroTag™ App, however DistroTag™ makes no guarantee that the DistroTag™ app will install and/or work correctly on your device or tablet.

When you download the DistroTag™ Digital Tag APP you will be required to enter a Login ID. If you do not have a Login ID you may click on Do Not Have Login ID, which will give you 2 months of Silver Service followed by any chosen Service – at No Charge.

Communication

Occasionally, DistroTag™ may wish to contact you about its products or services. Communication will be in the English language but may be in other languages as well.

  • 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 DistroTag™ via our online Contact Us page.
  • You can unsubscribe by clicking on the link available in the information e-mails sent to you.
  • DistroTag™ reserves the right to contact clients regarding any active recoveries and service updates including Silver, Gold, or Platinum Service level changes or upgrades.
  • If you choose to never be contacted by DistroTag™ again you must login at www.distrotag.com and delete your DistroTag™ account.
  • All communication from DistroTag™ including but not limited to: emails, texts, phone calls, website, social media pages, marketing materials, online orders etc. will be in the English language. Best efforts will be made to have communications translated in to other languages. If there are any questions or if you need something specifically translated please contact DistroTag™ and we will do our best to have our communication translated to your language.

Communication between the Owner and Finder:

In certain cases where the owner and finder agree to meet directly or shipping the item/belonging is not an option (example cat or dog), DistroTag™ will facilitate the Owner and Finder to communicate directly together, in order to have the item returned. At this point, DistroTag™ will not be held liable for any communication, security or theft related incidents. DistroTag™ strongly recommends giving 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 that’s due to our performance, a third parties or your own.

Whether you have found a possession or are the owner who has been notified, when choosing to communicate, meet or interact with another person (ie: owner, finder) via the information provided by DistroTag™, you do so at your own risk. Please exercise appropriate measures to protect your security, safety and confidentiality at all times. DistroTag™ takes no responsibility when finders and owners are in contact with each other. Either party may contact DistroTag™ to assist in arranging the recovery of your lost item should you not wish to communicate with the finder.

IMPORTANT REMINDERS FOR YOUR SAFETY BEFORE CONTACTING THE FINDER OF YOUR ITEM:

DistroTag™ 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 shouldn’t meet with the finder alone. Contact should be done in the company of a parent or guardian in that case. BE MINDFUL if sharing any personal information such as your home phone number or home address with the finder. IT IS ALWAYS BEST to meet at a public location such as a public library or a college campus when retrieving your item. WHEN MEETING the finder, choose a well-lit area and consider bringing a friend so you're not alone. USE YOUR JUDGEMENT if something about a situation doesn't feel right, trust your instincts and immediately remove yourself from the situation. NEVER ATTEMPT to confront someone yourself if you feel that a crime has been or is being committed, contact the authorities immediately.

Note: DistroTag™ accepts no responsibility for actions taken or events caused by any party prior to, during or following any communication or contact made between you, the “Owner” of the recovered item, and its "Finder", as clearly indicated.

Indemnification:

Upon a request by DistroTag™, you agree to defend, indemnify, and hold harmless DistroTag™ and its subsidiary and other affiliated companies, and their employees, contractors, clients or distributors of DistroTag™, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of this website. DistroTag™ 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 DistroTag™ in asserting any available defences.

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 DistroTag™ 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. DistroTag™ 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 Service, including your Content, 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 Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DistroTag™ and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
  • Any client, organization, association, distributor or retailer who distributes, sells or markets any of DistroTag™'s products or services are not in any way responsible or liable for DistroTag™'s recovery services, products, communications, website, app or anything to do with DistroTag™. If there are any concerns or product defects customers must contact DistroTag™.

Disclaimer of Warranty and Exclusion of Liability:

DistroTag™ makes reasonable efforts to provide you with the most current and accurate information on www.distrotag.com ; however, we do not warrant that everything you see on www.distrotag.com is error free or complete. Neither we nor any of our consultants for www.distrotag.com will be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of www.distrotag.com .

Notwithstanding the foregoing, and to the fullest extend permissible by applicable Law, everything on this site and all information, content, materials, products (including software) and services included or otherwise made available to you through 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, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. DistroTag™ makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your own risk.

DistroTag™ does not guarantee that any personal property or pet bearing DistroTag™'s labels or tags will be returned to the Customer (owner), or that, if any personal property is returned to the Customer (owner), that the personal property will be returned in the same condition it was in at the time the item was lost, misplaced or stolen.

Any Customer using the services of DistroTag™ agrees that, in connection with any and all products provided and services performed by DistroTag™, DistroTag™ shall not be liable for a failure to recover any personal property or pet of the Customer bearing DistroTag™'s labels or tags or any damage done to the Customer's personal property. DistroTag™ shall not be liable for any damage whatsoever caused by the Finder or other third party. DistroTag™ shall not be deemed to be a bailee of the property if it comes into our physical possession, and shall have no duty of care to you in respect thereof.

DistroTag™ is not liable for any loss of property, or for the loss of any animal and/or pet. The Customer will hold DistroTag™ harmless for any damages, real or perceived, incurred by the Customer as a result of owning an animal, or purchasing DistroTag™ pet ID tags and purchasing the service from DistroTag™ or an affiliated store/partner. Owning a DistroTag™ pet ID tag and purchasing a service from DistroTag™ is not a guarantee of pet and/or animal safety, return, or health. The Customer acknowledges that DistroTag™ will employ reasonable measures in all affairs but has no control, influence or responsibility for the care for any animal and/or pet. DistroTag™ will not be responsible to physically arrange the transportation of the found animal and/or pet to the owner; it is the owner’s responsibility to pick up their animal and/or pet.

DistroTag™ is not an insurance company and does not offer any insurance coverage for any losses, costs or expenses relating to the lost or recovered items or animals or pets.

DistroTag™ does not guarantee that any lost item, pet or animal will be found. DistroTag™’s service is not a GPS system, RIFD, implanted chip, or electronic tracking or locating device of any kind.

You agree that you will accept property returned to you by DistroTag™ and will promptly pay any delivery charges incurred (if applicable). You agree to pick up a pet and/or animal from the Finder as quickly as possible; DistroTag™ will not be held liable for how the pet and/or animal is treated during their stay with the Finder or holding person(s).

In the event that an item, pet or animal with a DistroTag™ label or tag attached is found, and the tag has not been activated, DistroTag™ makes no warranty that it will be able to return the item to its owner as it may not have the necessary details to do so. The Customer may also be charged additional charges of handling and/or shipping in the event their ID tag was not activated prior to losing their item, pet or animal. DistroTag™ is not liable or responsible to pick up, return, document, store any item, pet or animal where the tag ID# has not been activated at www.distrotag.com previously by its owner.

Under no circumstances shall DistroTag™, its affiliates or its subsidiaries be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this website, DistroTag™ products or any and all damages that result from or arise out of the services provided by DistroTag™ to a Customer. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if DistroTag™ has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, DistroTag™'s liability in such jurisdictions shall be limited to the extent permitted by law.

The Customer further acknowledges that activating their DistroTag™ ID number and creating their online account on the www.distrotag.com database is the sole responsibility of the Customer (and not of DistroTag™) to ensure that information is accurate and updated. DistroTag™ is not responsible for any of the information contained in the Customer's account. DistroTag™ does not warrant the authenticity or accuracy of the information contained in the Customer's account. The maintenance of accurate and current information in the Customer's DistroTag™ account is the sole responsibility of the Customer. The Customer will hold DistroTag™ harmless for any lapse in service or access to the Customer account which results from any force outside of DistroTag™'s reasonable control or influence including, but not limited to, power outages, web site hosting interruptions, telecommunication problems, call centre interruption, software problems or DistroTag™’s termination and/or dissolution.

Certain local government 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.

Pricing

The Automatic Debit Arrangement is a facility that allows Smart Distro Limited collect subscription payments from customer by directly debiting their provided accounts. The advantages include:

  1. Secure payment and collection method. Since the details are provided through a secure socket layer channel, there are less risks involved.
  2. Continuous and unbroken subscription protection. You are sure that your tagged valuables remain insured and recoverable when missing, without any additional costs.
  3. No need to re-initiate payment instruction, as this happens automatically, so long as the amount remains the same as from inception.
  4. Payment convenience for customers. Since the payments are debited straight from customer accounts, there is no need to visit the website and process payment again. Customer just needs to make sure that their account is funded.
Links:

This website may be linked to, or have included within, other websites on the Internet. DistroTag™ has not reviewed any or all of the sites linked to www.distrotag.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, DistroTag™ does not endorse the site operator or the content of the linked site.

Monitoring the Website:

The Customer acknowledge and agrees that DistroTag™ has the right to monitor www.distrotag.com, its website related services, and to disclose any information necessary to operate www.distrotag.com, to protect itself and to comply with legal obligations or governmental requests. DistroTag™ also reserves the right to prohibit any user from using the website and related services who, as determined by DistroTag™ in its sole discretion, violates these Conditions of Use. Such prohibition may occur with or without notice to the User.

International Use:

DistroTag™ makes no representation that Content and materials on this site are appropriate or available for use in locations outside of Nigeria. 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.

Termination:

DistroTag™ reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.

Choice of Law:

If any disputes arise between DistroTag™ regarding your use of this website and this agreement, such disputes shall be resolved according to the laws of the Federal Republic of Nigeria, and you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organisations in Lagos State, Nigeria in all disputes (1) arising out of, relating to, or concerning this site and/or this agreement, (2) in which this web site and/or this agreement is an issue or a material fact, or (3) in which this web site and/or this agreement is referenced in a document filed in a court or other dispute resolution organisation. 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 DistroTag™.

Furthermore, in the unfortunate event of any claim or dispute arising out of or in connection with this web site and/or these terms and conditions and/or any contract between you and DistroTag™, you agree to engage in good faith with us in a process of mediation before commencing any arbitration or litigation. Any such mediation will take place in Lagos State, Nigeria.

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 DistroTag™ and the User, the Finder and the Customer of the Site 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.

Changes to the Conditions of Use

DistroTag™ reserves the right to update our Conditions of Use, we will post those changes here. Please refer to this page on a continual basis.


Updated June 1st, 2017