Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR SERVICES – LOCH SECURITY INC.

BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS SET BELOW. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ITS TERMS, INCLUDING ANY LIMITATION OF LIABILITY OF LOCH SECURITY INC. INCLUDING SECTION 15 and 16.

1. Applicability.
   1. These terms and conditions for services (these “Terms“) govern the provision of services by Loch Security Inc (“Loch Security” or “We”) to Client (“Customer” or “You”). By using our Services, you agree to be bound by these Terms.
   2. The Terms along with the accompanying rules and policies regarding the use of the Services constitute the agreement between Loch Security and Customer (collectively, this “Agreement“) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms, these Terms shall govern, unless the Order Confirmation expressly states that the terms and conditions of the Order Confirmation shall control.
2. Services. Loch Security shall provide home and business security equipment and monitoring, personal security and safety alerts, and home and business automation system control services in accordance with these Terms. If you subscribe to our Smart Home automation, Loch Security will provide you with the ability to remotely monitor activities within your home or business premises through various sensors connected to the network facilities of Loch ‘s telecommunications service provider. You can also program access, heating, lighting, and other control systems within your premises using our Smart Home automation system. Each monitoring or control function requires separate equipment that you must purchase and install. If you purchase additional equipment through the Loch Security SmartHome Security mobile application, such as cameras or sensors, to add to your subscription, those purchases will be subject to the provisions of these Terms. If you subscribe to Loch Security Services, we will provide monitoring of installed sensors to detect intrusions and emergency responder notifications, in compliance with local security system bylaws. Additionally, if you subscribe to personal safety alert services, Loch Security will offer Loch-touch access or fall detection, connecting you with a live agent who can dispatch necessary emergency personnel. The Services may also include remote access and control of sensors installed at your premises through mobile applications or the internet.

   If You use Loch Security Services, You will have access to live agents who can dispatch emergency personnel to Your location upon your request. This service requires connectivity between a mobile phone and Loch ‘s telecommunications service provider’s network facilities. To use the personal security service, You must have a cellular device connected to Loch ‘s telecommunications service provider, run our personal security app on a compatible cellular device with an eligible operating system, provide the app with necessary access to your location, and enable personal security app notifications. If You have an Android operating system, battery optimization must be disabled for the service and mobile app to function properly. To access personal security services using a personal security device, you must have the device with you, ensure it has sufficient battery life, pair it with your cellular device using Bluetooth, have Bluetooth enabled on your cellular device, and have cellular network coverage.

3. Equipment. You may lease or purchase certain equipment from Loch Security or its authorized dealers. The leased equipment remains the property of Loch Security. In the case of purchased equipment, ownership transfers to You upon payment in full. You are responsible for the proper use, care, and safeguarding of the equipment and will promptly notify Loch Security in case of damage, loss, or theft. Any unauthorized repairs or alterations to the equipment may void your warranty and result in additional charges. At the end of your agreement, You must return any leased equipment in good working condition to our office or by postage, subject to normal wear and tear. Any return postage costs are your responsibility. Failure to return the equipment within (30 ) business days from the end of your Term as defined in clause 7 may result in charges equivalent to the replacement cost.
4. Installation. If You chose to self-install the Equipment, You assume all risks and liability associated with installation and use. If You chose to have it installed by Loch Security, all installation fees shall in accordance with the Order Confirmation.
5. Software The Services may involve the use of software developed or licensed by Loch  Security and installed on your devices. Loch Security grants You a non-exclusive, non-transferable license to use the software solely in connection with the Services provided to You. You agree not to modify, reverse engineer, or attempt to gain unauthorized access to the software, except as permitted by applicable law.
6. Performance Dates. Loch Security shall use commercially reasonable efforts to meet any performance dates specified in the Order Confirmation, and any such dates shall be estimates only.
7. Term, Early Termination This agreement shall be for a period of one (1) year (“Term”)..  If the Customer terminates prior to the expiry of this Agreement, the Customer shall pay an early termination fee of 20% of the total invoice for the remaining Term. This Agreement will automatically renew at a monthly basis, unless either party notified the other of its intention to terminate this Agreement by giving at least thirty (30) days written notice prior to the end of the initial term. 
8. Consent. You hereby consent to Loch Security and any other service provider we work with to monitor Your premises required to provide the Services, which may include audio, still-image and video recording of Your premises and any persons present on your premises, as well as consent to us and our service providers to store and copy that content on our and their systems in accordance with applicable privacy laws. You acknowledge that we and our service providers may access and disclose stored video clips and still-photo images in response to a subpoena or a government request or order, and You hereby consent to this access and disclosure.
9. Customer’s Obligations. Customer shall:
   1. Cooperate with Loch Security in all matters relating to the Services and provide such access to Customer’s premises, and such office accommodation and other facilities as may reasonably be requested by Loch Security, for the purposes of performing the Services;
   2. Respond promptly to any Loch Security request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Loch Security to perform Services in accordance with the requirements of this Agreement;
   3. Provide such customer materials or information as Loch Security may reasonably request to carry out the Services in a timely manner and ensure that such customer materials or information are complete and accurate in all material respects;
   4. Obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start, as well as comply with any laws requiring You to post signage at You premises notifying third parties of your use of audio and video monitoring equipment; and
   5. Shall not use the Services for any illegal, fraudulent, or unauthorized purposes. You shall not interfere with the operation of the Services, including the network facilities and equipment used to provide the Services. You shall not engage in any activity that could harm or impair the Services or infringe on the rights of Loch Security or any other party.
10. Customer’s Acts or Omissions. If Loch Security’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, Loch Security shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
11. Billing and Payment Terms; Interest on Late Payments.  
    1. In consideration of the provision of the Services by the Loch Security and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Order Confirmation.
    2. Customer agrees to pay all fees and charges associated with the Services, including but not limited to, any installation fees, third party charges, applicable taxes, monthly service fees, permitting and regulatory fees, and any other fees or assessments of any government or other applicable bodies imposed on you, Us or the Services and charges for additional equipment or services as per the Order Confirmation.
    3. Customer shall pay all fees and charges in accordance with the billing terms specified by Loch Security in the Order Confirmation.
    4. You must take all steps necessary to ensure there are no excessive incoming alarm transmissions or data usage. You shall be responsible to reimburse Loch security for any expenses incurred for excessive incoming alarm transmissions or data usage beyond customary usage or any and all expenses incurred for any subpoena or summons in regards to Customer’s account.
    5. In the event payments are not received by Loch Security 5 days after becoming due, Loch Security may:
       1. charge interest on any such unpaid amounts at a rate of 1.5 % percent or 18% per annum or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and
       2. suspend performance for all Services until payment has been made in full.
12. Taxes. Customer shall be responsible for all goods and services tax (GST), value added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, provincial, territorial, or local governmental entity on any amounts payable by Customer hereunder.
13. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property Rights“) in and to all documents, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the Loch Security in the course of performing the Services, including any items identified as such in the Order Confirmation (collectively, the “Deliverables“) shall be owned by Loch Security..
14. Repairs. Loch Security will conduct schedule maintenance from time to time to visit, inspect or test the alarm system components ensuring their proper functionality and identifying any potential issues. Upon inspection by the Loch Security, if any alarm system components are found to be defective during the term of this Agreement, Loch Security shall cover the cost of replacement within the scope of the manufacture warranty, unless it arises from the negligence of the Customer, in which case any replacement costs must be paid to Loch Security in repairing such equipment. 
15. Representation, Limitations and Warranty.
    1. Loch Security represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
    2. Limitations. For avoidance of doubt, You acknowledge that Services cannot be guaranteed and can only be used as a deterrent. Loch Security does not make any guarantees, representations or warranties to operate with complete, uninterrupted or unlimited protection or to detect, warn or prevent any incidences that the Services are manufactured to do including any illegal intrusion of the Premises or respond to an emergency situation including any medical emergencies including but not limited to smoke, fire, carbon monoxide etc.
    3. The Loch Security shall not be liable for a breach of the warranty set forth in  unless Customer gives written notice of the defective Services, reasonably described, to Loch Security within 30 days of the time when Customer discovers or ought to have discovered that the Services were defective.
    4. Subject to Section 14(c), Loch Security shall, in its sole discretion, either:
       1. re-perform such Services (or the defective part); or
       2. credit or refund the price of such Services at the pro rata contract rate.
    5. THE REMEDIES SET FORTH IN SECTION 15 SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND LOCH SECURITY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 15(a).
16. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 15(A) ABOVE, LOCH SECURITY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OR CONDITION OF MERCHANTABILITY; OR (B) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OF TRADE OR OTHERWISE.

17. LIMITATION OF LIABILITY.
    1. IN NO EVENT SHALL LOCH SECURITY BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT [OR LOSS OF DATA OR DIMINUTION IN VALUE], OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
    2. WITHOUT LIMITING THE GENERALITY OF SECTION 17 (A), IN NO EVENT WILL LOCH SECURITY BE LIABLE FOR ANY EXPENSE, COSTS, DAMAGE OR LOSS SUFFERED BY YOU OR ANY PERSON CLAIMING THROUGH YOU NOR ANY WARRANTY GIVEN BY LOCH SECUIRTY TO COVER, DIRECTLY OR INDIRECTLY FROM ANY OF THE FOLLOWING: MISTREATMENT OR DAMAGE TO THE EQUIPMENT OR ANY PART OF IT CAUSED BY ANY ACT OR OMISSION OF YOU OR YOUR EMPLOYEES, SERVANTS, AGENTS, GUESTS, OR CONTRACTORS (IF APPLICABLE), AS WELL AS ANY EXTERNAL ENVIRONMENTAL FACTORS INCLUDING (BUT NOT LIMITED TO) WIND, FIRE, WATER, ETC., ANY ACT OF GOD, OR ANY OTHER INCIDENT FOR WHICH YOU HAVE INSURANCE OR WHICH IS REASONABLY EXPECTED TO BE INSURED FOR BY OWNERS WITH A SIMILAR PREMISES OR ANY OTHER CAUSE BEYOND THE CONTROL OF LOCH SECURITY; ANY BREACH OF PRIVACY OR SECURITY FOR ANY EQUIPMENT THAT WAS INSTALLED BY YOU; YOUR ACT OR OMISSION OR FAILURE TO DO ANYTHING YOU ARE REQUIRED TO DO UNDER THIS AGREEMENT; DELAY IN OBTAINING REPLACEMENT EQUIPMENT FROM ANY MANUFACTURER OR SUPPLIER AS REQUIRED; FAILURE BY YOU TO HAVE SUFFICENT INSURANCE FOR THE PREMISES AND ITS CONTENTS AGAINST ANY PROPERTY LOSS AND DAMAGE, INCLUDING PERSONAL INJURY; FAILURE BY YOU OR ANY OTHER PERSON RESPONSIBLE FOR THE PREMESIS TO USE THE ALARM SYSTEM, INCLUDING PROPERLY CLOSING ANY ENTRY POINTS INCLUDING DOORS, WINDOWS AND ANY OTHER VULNERABLE POINTS OF ENTRY TO THE PREMISES, TO TEST AND REPLACE BATTERIES IF REQUIRED; FAILURE OF ALARM SYSTEM OR ALARM SYSTEM SIGNALS TO RESOND TO ALARM SYSTEM; CLAIMS OR DAMAGES RESULTING DIRECTLY/INDIRECTLY FROM ANY CLAIM THAT THE USE OR INTENDED USE OF THE EQUIPMENT OR SERVICES INFRINGES OR MISAPPROPRIATES THE INTELLECTUAL PROPERTY INCUDING ANY TRADE SECRETS OR OTHER RIGHTS OF ANY THIRD PARTY. ANY CHANGES TO THE PREMISES AS A RESULT OF CONSTRUCTION, RENOVATION, OR ANY OTHER CHANGE, STORAGE, OR LACK OF PREMISES MAINTENANCE WHICH MAY IMPACT THE FUNCTIONALITY OF THE ALARM SYSTEM OR ANY PART OF IT; FAILURE TO CONNECT THE SYSTEM TO THE POWER OUTLET OR INTERNET AND ALLOW ACCESS TO LOCH SECURITY TO ACCESS THE EQUIPMENT; ACTS OR OMISSIONS OF ANY TELECOMMUNICATIONS CARRIER, INCLUDING LOCH SECURITY, WHOSE FACILITIES, NETWORK OR EQUIPMENT ARE USED TO PROVIDE THE SERVICES, OR ANY FORM OF POWER SURGES, POWER FAILURES,  OR FAILURE OF ANY EQUIPMENT OR TRANSMISSION LINES; ACTS OR OMISSIONS ANY EMERGENCY SERVICES INCLUDING ANY FAILURE OR REFUSAL TO RESPOND OR DELAY IN RESPONDING TO THE EMERGENCY SERVICES, INCLUDING INTERRUPTION OF RESPONSE DUE TO FALSE ALARMS; ANY AND ALL FALSE ALARM ASSESSMENTS, FEES, TAXES OR OTHER CHARGES BY ANY GOVERNMENT BODY FOR THE EQUIPMENT OR SERVICES; ADDING ADDITIONAL EQUIPMENT OR OTHER ALARM MONITORING SYSTEMS, BY ANY AUTHORIZED PERSON YOU GIVE LOCH SECURITY; INTERFERING WITH OR ATTEMPTED SERVICE OF ANY PART OF THE EQUIPMENT, OR MISUSE OR MALFUNCTIONS OF ANY EQUIPMENT NOT PROVIDED BY LOCH SECURITY; AND DELAY IN PROVIDING ANY GOODS OR SERVICES FOR ANY REASON BEYOND THE REASONABLE CONTROL OF LOCH SECURITY;
    3. IN NO EVENT SHALL LOCH SECURITY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO LOCH SECURITY PURSUANT TO THIS AGREEMENT OR PURSUANT TO THE APPLICABLE ORDER CONFIRMATION/IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18. Termination by Loch Security. In addition to any remedies that may be provided under this Agreement, Loch Security may terminate this Agreement with immediate effect upon written notice to Customer, if Customer:
    1. fails to pay any amount when due under this Agreement and such failure continues for 14 days after Customer’s receipt of written notice of non-payment;
    2. has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or
    3. becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
19. Waiver. No waiver by Loch Security of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Loch Security. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
20. Force Majeure. The Loch Security shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Loch Security including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemics, pandemics, including the 2019 novel coronavirus disease (COVID-19) pandemic, Loch-outs, strikes, or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage, provided that, if the event in question continues for a continuous period in excess of 14 days, Customer shall be entitled to give notice in writing to Loch Security to terminate this Agreement.
21. Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Loch Security. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
22. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
23. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
24. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada. Any legal suit, action, litigation or proceeding arising out of or relating to this Agreement shall be instituted in the courts of the Province of Alberta and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation, or proceeding.
25. Notices. Each Party shall deliver all notices, requests, consents, claims, demands, waivers and other communications under this Agreement [(other than routine communications having no legal effect)] (each, a “Notice“) in writing and addressed to the parties at the addresses set forth in the Order Confirmation, or to such other address that may be designated by the receiving party from time to time in accordance with this Section. Notices sent in accordance with this Section will be conclusively deemed validly and effectively given: (a) on the date of receipt, if delivered by personal delivery, or by a nationally recognized same day or overnight courier (with all fees prepaid); (b) upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “read receipt” function, as available, return email or other form of written acknowledgment), if delivered by email [of a PDF document]; [(c) when sent, if sent by facsimile (with confirmation of transmission) on the date of transmission if a Business Day or if not a Business Day or after 5:00 p.m. on the date of transmission, on the next following Business Day;] or on the following Business day after the date mailed by certified or registered mail by the Canada Post Corporation, return receipt requested, postage prepaid.
26. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
27. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Compliance with Laws,  Confidentiality, Governing Law, and Survival.
28. Amendments and Modifications. In accordance with applicable laws, Loch Security shall make any changes to this Agreement and to the pricing and adjustments at any time. Loch Security will provide at least 30 days written notice of any changes.

29. Privacy and Personal Information: Your privacy is our utmost importance. By entering into this Agreement, you agree to our privacy policy located at https://lochsecurity.ca/privacy-policy/