Terms and Conditions
Parties and agreement
USER: (Person/s using the Easy Alert Guardian Mobile Safety Alarm)
SUPPLIER: Easy Alert Pty Ltd ACN 621 788 396 (Supplier of the Easy Alert Guardian Mobile Safety Alarm (Device)) of 27 Paxton Crescent, Cherrybrook NSW, Australia 2126 and its employees, contractors and/or agents.
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 can quickly 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 timeframe.
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 (WCDMA) mobile network coverage. USERS should be aware that the SUPPLIER uses mobile coverage maps to check on available 3G 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 area 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.
If 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 SMS or help call will be received by every emergency contact at all times.
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 its first fix (TFFF) and work out the co-ordinates of its exact location.
In the event that the Device cannot receive the GPS signal it will provide its last known position only in a help SMS. 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 and therefore the SUPPLIER cannot guarantee that the Device knows the current GPS location of the USER at all times, i.e. when the help button is activated or a request is sent to it via SMS.
Underground carparks, lifts, concrete buildings, tunnels and other constructions can block the signal from satellites to the Device. It is possible that if a USER is in a location where there is no GPS signal that there may also be no 3G mobile signal meaning the functions of the Device will not operate till the USER moves to an unobstructed location.
4. Limitation of prepaid credit being available
The USER understands that the Device has a SIM card installed that requires an amount of either pre-paid or post credit to be available for it to perform it’s SMS alarm functions, it’s GPS location functions, it’s voice call functions and it’s SMS reply and command functions. It is the responsibility of the USER to regularly check that there is enough credit for outgoing SMS’s and voice calls to function. The SUPPLIER does not take responsibility for the checking or recharging of credit at any time. The USER is provided with the mobile network provider’s details and a login to check on their credit and the USER acknowledges that the SUPPLIER does not permanently store these login details.
The USER understands that the cost of recharging credit can change from time to time after the time of purchase and that the USER should make themselves aware of changes to prepaid and postpaid credit plans as well as the SMS and voice call rates under those plans.
5. Limitation of liability
The parties agree that the Device is not designed or guaranteed to prevent any loss or injury. If, despite these terms and conditions, 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 (in whole or in part) or failure to perform any obligation or strict products liability, such liability will be limited to the sum of [$495.00] 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 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 the USER’S possession, improper installation, unreasonable use or abuse of the Device, failure to provide proper maintenance or to follow the written instructions provided, failure to regularly test the Device or any electronic or electromagnetic radiation emitted by the Device.
6. Return/Refund policy
If the USER is not satisfied with their purchase, they must contact the SUPPLIER within 14 days of the date of purchase via email at email@example.com to remedy the issue. If the SUPPLIER cannot resolve the issue, the USER will be eligible to return the Device and obtain a refund. The USER must request a refund by contacting the SUPPLIER via email at firstname.lastname@example.org within 7 days of the date of that the SUPPLIER notifies the USER that the issue cannot be resolved.
The SUPPLIER’s refund policy does not apply to a Device which shows wear and tear, is damaged after delivery, if any attempt has been made to alter the Device or if it has been dropped or broken. The Device must be returned in its original condition. All postage and insurance costs are to be paid by the USER.
The parties agree that ownership of the Device transfers to the USER on delivery and the USER remains the owner until it is successfully returned to the SUPPLIER.
If the USER requests a refund in accordance with this return/refund policy, the SUPPLIER will refund the purchase amount less $15 for postage, $20 for SIM and prepaid credit, $15 for bank transaction fees and $30 for activation and set up fees.
The SUPPLIER will process the refund within 5 days of receipt of the returned Device to the card used by the USER to make payment.
If the USER cancels their order after the SUPPLIER has processed the order, but not despatched it, the SUPPLIER reserves the right to charge the USER a $15 bank transaction fee of $15, a $30 activation charge and set-up fees.
Any enquiries relating to this return/refund policy can be sent to email@example.com, or the SUPPLIER can be contacted at 1300 IMOKAY (1300 466 529) between the hours of 8:30am and 5:30pm, Monday to Friday.
7. 12 month Warranty
The Device comes with a standard 12 month warranty from the date of purchase. If the Device has a manufacturing defect causing it to fail within the first 12 months of purchase, the SUPPLIER will replace it free of charge or refund the purchase price.
If the USER has depleted all troubleshooting options contained in the user manual provided with the Device, the USER may contact customer support to claim their warranty.
The parties agree that this warranty will be voided if:
- The casing of the Device has been opened or tampered with.
- The Device has been modified or not used in accordance with the SUPPLIER’s instructions.
- The Device has suffered damage from physical impact.
- The Device has been damaged by fire or has been exposed to excessive heat.
- The Device has been used with an incorrect power adaptor.
- The Device has been subject to an incorrect voltage due to lightning or a power surge.
- The Device has been submerged in water.
Any enquiries relating to the warranty can be sent to firstname.lastname@example.org, or you can contact us at 1300 IMOKAY (1300 466 529) 8:30am and 5:30pm, Monday to Friday.
8. Pricing and Payment
The purchase price of any Device includes SIM card activation (not necessarily the SIM card), programming, and postage. The purchase price will include GST, where applicable. The USER is responsible for any taxes, duties or other liabilities imposed by any governmental agency in relation to the Device ordered from the SUPPLIER.
The parties agree that the SUPPLIER will be under no obligation to deliver the Device to the USER until the purchase price has been received by the SUPPLIER.
9.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 SUPPLIER’S website and were delivered to the USER’S address along with the Device, it’s packaging and user manual for the installation and use of the Device.
10. Conflicting documents
Should any conflict arise between this agreement and USER’S purchase order or any other document, this agreement will prevail, whether such purchase order or other document is prior to or subsequent to this agreement.
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 NSW, Australia and agrees that any litigation or arbitration between the parties must be commenced and maintained in NSW, 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.
The SUPPLIER’s address for service is 27 Paxton Crescent, Cherrybrook NSW, Australia 2126.
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 NSW of Australia.