SeniorsAlarm Terms & Conditions
9Parties and agreement
USER: (Person/s using the MOBILE PERSONAL MEDICAL ALARM SYSTEM)
SENIORSALARM: ABN 54 639 363 885: (Supplier of the SENIORSALARM V2 PENDANT device) of Suite 102, 112/22-30 Wallace Ave, Point Cook VIC 3030
The parties hereto agree that:
1. Alerting people in an emergency situation
The USER of the device understands that the device is used as a first-instance, alert system to help the wearer in an emergency, when under duress or when in need of help. It is designed and supplied to simply alert the USER’S chosen family member/s or friend/s, carer/s or neighbour/s so they may arrange someone to come to the USER’S aid. 000 can be included as a contact, but use of the device does not completely assure that help or protection or that emergency help will arrive within a specific time frame. SeniorsAlarm does not control how long an alerted party may take to respond to an alert. SeniorsAlarm recommend that the alert parties chosen by the user are aware of the alarms use and are suitable for providing the assistance they may be providing the User.
2. Limitations of device: Mobile network coverage disclaimer
The USER understands the actual mobile alarm connection depends on where they are in relation to the available 3G /4G (WCDMA) mobile network coverage. USERS should be aware that SeniorsAlarm uses mobile coverage maps to check on available 3G/4G coverage in the USER’s home when processing the USER’s order and that these maps have been created using tools that predict the likely areas of coverage, but do not guarantee that coverage.
Not every particular location within an identified coverage areas has been individually tested for coverage. This means that while the footprint of coverage outlined on the maps is generally accurate, there will be specific areas described as being within a coverage area where a USER’s mobile alarm/device may not work.
This is a common characteristic of wireless systems. For example, coverage could be degraded or non-existent in specific locations due to certain physical structures or geographic features or as a result of the device used. Physical structures which may block or inhibit coverage could include basements, lifts, underground car parks, concrete buildings, tunnels and road cuttings. Geographic features which may block or inhibit coverage could include formations such as hills and mountains or even trees.
As the USER is relying on the device for possible emergencies it is the responsibility of them to test the device before using it and relying on it and then do regular tests. SeniorsAlarm does not guarantee that the device can connect to the mobile network at all times, or that a help text message or help call will be received by every emergency contact at all times or within a short time frame. SeniorsAlarm is not liable for any indirect or consequential loss or claims.
3. Limitations of device: GPS Functions disclaimer
The USER understands that the GPS functions and the help SMS alarms the device sends out with a GPS location on Google Maps are limited to the common constraints of all GPS systems. The device uses the built in GPS technology to fix the location of the device with an accuracy of 2.5 metres. In order for the GPS functions to work it requires a line-of-sight connection to satellites in the sky. For the device to receive the signal it needs to be pointed to the sky. It normally takes up to 10 minutes to receive it’s first fix (TFFF) and work out the co-ordinates of it’s exact location.
In the event that the pendant cannot receive the GPS signal it will provide it’s last known position only in a help text message. The device does not use a ‘triangulation method’ when a current GPS fix is not available. The device checks for an updated GPS location when the device detects movement in accordance with the default, power saving mode and therefore SeniorsAlarm cannot guarantee that the device knows the current GPS location at all times, i.e. When the help button is activated or a Find request is sent to it via text.
Underground carparks, lifts, concrete buildings, tunnels and other constructions can block the signal from satellites to the pendant. It is possible that if a wearer of the pendant is in a location where there is no GPS signal that there may also be no 3G/4G mobile signal meaning the functions of the device will not operate till the wearer moves to an unobstructed location.
4. Limitation of prepaid credit (Prepaid SIM option) being available
The USER understands that the device has a SIM card installed that requires an amount of credit to be available for it to perform it’s text alarm functions, it’s GPS location functions, it’s voice call functions and it’s text reply and text command functions. While the device will call 000 even without any credit, it requires an annual fee of $49 to be paid to SeniorsAlarm in order for it to perform its normal call and text functions. SeniorsAlarm will send reminders that the annual fee of $49 is due via text, email, phone call or letter (or a combination). If the USER fails to pay the annual fee of $45 then SeniorsAlarm will give a generous grace period before the USER risks having the SIM card in their device disabled from making normal texts and calls.
The USER understands that the cost of unlimited annual emergency calls and texts could change over time and that SeniorsAlarm reserves the rights to amend the running costs of SIM cards.
5. Limitation of liability
The parties agree that the device is not designed or guaranteed to prevent any loss or injury If, notwithstanding the terms of this agreement, there should arise any liability on the part of SeniorsAlarm as a result of any cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by SeniorsAlarm’s negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to the
sum of $479.00 for the supply of the device.
SeniorsAlarm cannot guarantee in any way that the device will prevent accidents, death or personal injury to the USER or others, property damage, illegal entry or undue delay in any emergency service response from occurring and is not liable in any manner for any loss or damage resulting there from.
SeniorsAlarm is not liable for any indirect or consequential loss or claims.
SeniorsAlarm is not responsible or liable for any injury, loss or damage caused by persons responding, failing to respond, or failing to respond promptly to USER’S home or other location. SeniorsAlarm is not responsible or liable for any injury, loss or damage caused in whole or in part by damage to the device while in your possession, improper installation, unreasonable use or abuse of the device, failure to provide proper maintenance or to follow the written instructions provided or failure to regularly test the device.
6. Fair use policy (Telstra managed SIM option)
Yearly recharge of your SIM card Under this SIM option we allocate the first 12 months of credit to your SIM card (adequate for emergency use). You will need to recharge/renew at 12 months with $49.00 and after each 12 month period. You do not need to check your credit. We will contact you every 12 months with instructions on how to recharge/renew.
Emergency usage policy (’Fair Use’)
The SeniorsAlarm is designed to be used in an emergency and not like a communication device such as a mobile phone. Your device comes under our ‘Fair Use Policy’ which means it is to be used for help in emergency situations.
Excessive use advice
Under the Telstra Managed SIM option we have allocated a fair and adequate amount of voice and data to your device based on average, emergency usage of customers. Voice and text usage for every device is monitored by SeniorsAlarm. Customers using the device’s “Call” or the “Find” heavily will be contacted to discuss usage options. We reserve the right to apply further charges for excess use (non-emergency) or discuss the option to move the SIM card into your name if you wish to use the ‘Side talk button’ and the ‘Location text function’ frequently. We also reserve the right to disable these two functions if used excessively (we would not do this before discussing with you).
7. Return/Refund policy
SeniorsAlarm publishes it returns/refund policy on its website and the USER agrees that this policy was available at the time of purchase.
8. Delivery of these terms and conditions
The USER acknowledges that these terms and conditions and incorporated documents were made available to the USER online via SeniorsAlarm website and were delivered to the USER’S address by Australia Post along with the device, it’s packaging and printed instructions for the installation and use of the device.
9. Conflicting documents
The terms and condition in this agreement constitute the full understanding between the parties. Any changes to these terms will be published on the SeniosAlarm website and will be effective within 60 days of the publication otherwise the conditions remain unchanged.
10. Full agreement / Severability
This agreement constitutes the full understanding of the parties and may not be amended, modified or cancelled, except in writing signed by both parties. The USER acknowledges and represents that the USER has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
11. Legal action
The USER submits to the jurisdiction and laws of Vic, Australia and agrees that any litigation or arbitration between the parties must be commenced and maintained in Vic, Australia. Service of process or papers in any legal proceeding or arbitration between the parties may be made by Express Mail delivered by Australia Post addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service.
SENIORSALARM Address: Suite 102, 112/22-30 Wallace Ave, Point Cook VIC 3030
The USER understands that instead of suing or being sued in court, the parties may have their dispute determined by mediation or arbitration.
12. Governing law
This Agreement shall be governed by the laws of the State of Vic of Australia