Life Alarms - Terms & Conditions
Parties and agreement
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USER: (Person/s using the Life Alarm)
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SUPPLIER: (National Health Australia Pty Ltd)
Sleep Breathe Care Mobility (SBCM) : ABN 88 23 603 888 991 of 5/10 Bellbowrie Street, Port Macquarie, NSW, Australia 2444
is a dealer / reseller of NHA Life Alarm devices.
These devices are provided to the USER and warranted by;
National Health Australia Pty Ltd (NHA): ABN 15 629 626 204 of Suite 105/237 Scottsdale Drive, Robina 4226 (deemed as the The SUPPLIER)
The parties hereto agree that:
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1. Alerting people in an emergency situation. Devices designed purpose.
The USER of the device understands that the device is designed for and 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. The use of the device does not completely assure that help or protection or that emergency help will arrive within a specific time frame. The SUPPLIER does not control how long an alerted party may take to respond to an alert. The SUPPLIER recommends 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.
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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 4G or 3G mobile network coverage. USERS should be aware that they should uses mobile coverage maps to check on available 4G or 3G coverage in the USER’s home when choosing a carrier 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 will 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. The SUPPLIER 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. The SUPPLIER is not liable for any indirect or consequential loss or claims.
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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 can take up to 10 minutes to receive it’s first fix (TFFF) and work out the co-ordinates of its exact location.
In the event that the pendant cannot receive the GPS signal it will provide its position by Bluetooth or wifi location. The device does not use a ‘triangulation method’ when a current GPS fix is not available. The device checks for an updated Bluetooth, GPS or wifi location when the device detects movement in accordance with the default, power saving mode and therefore The SUPPLIER cannot guarantee that the device knows the current GPS location at all times, i.e. When the help button is activated or a ‘loc’ 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 4G or 3G mobile signal meaning the functions of the device will not operate till the wearer moves to an unobstructed location. However, the device will attempt to use available wifi to obtain its location in these circumstances.
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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, If the USER fails to ensure there is credit on the SIM the USER will be unable to make calls or send text SOS alarms.
The USER understands that the cost of maintaining the SIM is the USERS responsibility.
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 The SUPPLIER 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 The SUPPLIER's negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to the sum of $525.00 for the supply of the device.
The SUPPLIER 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. The SUPPLIER is not liable for any indirect or consequential loss or claims.
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The SUPPLIER 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. The SUPPLIER 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.
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7. Return/Refund policy.
The SUPPLIER 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 the The SUPPLIER websites and were delivered to the USER’S address via courier along with the device, it’s packaging and printed instructions for the installation and use of the device.
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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 The SUPPLIER's websites and will be effective within 60 days of the publication otherwise the conditions remain unchanged.
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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.
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The USER submits to the jurisdiction of law in QLD, Australia and agrees and accepts any legal proceedings must be engaged, maintained and completed in their entirety in QLD, Australia. Service of any papers and documents for such matters must be delivered express mail, confidentially to P.O Box 5054 Q Super Centre, 4218 QLD Australia. They must be clearly and legibly be marked CONFIDENTIAL – TO: NATIONAL HEALTH AUSTRALIA. The user understands any legal action taken either parties including suing may result in mediation.
National Health Australia will seek its legal fees be paid any party who takes legal action against the company.
Any damages to the brand, company, name, trust or customer base as a result of any unsuccessful legal action against National Health Australia will be assessed and compensation will be sought after.
The USER understands that instead of suing or being sued in court, the parties may have their dispute determined by mediation or arbitration.
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12. Governing law.
This Agreement shall be governed by the laws of the State of NSW and QLD of Australia.