Please read the following terms and conditions carefully as they govern your use of CareXact Medical Alert Pendant

Terms & Conditions

Your use of the CareXact Medical Alert Pendant (“the device”) is subject to the following terms and conditions.  Your continued use of the device constitutes your acknowledgement and acceptance of these terms and conditions.

LogicalTech BizTalk.Net Pty Ltd is the supplier of the CareXact Medical Alert Pendant

Purpose of device

1. The device is designed to be used as a monitoring and alert system to help you in an emergency or when you are in need of help.

2. The purpose of the device is to alert your chosen contacts so they may arrange someone to come to your aid, but it does not completely assure that help will arrive within a specific time frame.

3. The device is not intended to be a life saving device or a substitute for medical advice.

4. The device is not designed or guaranteed to prevent accidents, death or personal injury.

Mobile network coverage & GPS signal

5. The reliability of the device is dependent on the available 4G or 3G mobile network coverage in your location.

6. The accuracy of the GPS signal is determined by the availability of unobstructed line of sight to available satellites and can be blocked by underground carparks, lifts, concrete buildings, tunnels and other constructions.

7. The availability of mobile network coverage and accuracy of the GPS signal is reliant on third party providers and is not guaranteed by the Supplier.

8. 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.

Maintenance and care

9. It is your responsibility to:

1. follow the instructions in the user manual;

2. properly install the device;

3. test the device before using it and relying on it; and

4. to do regular tests to ensure that the device is working.

Fair Use

10. The device is for emergency use only and is not intended to be used as a regular communication device such as mobile phone and under the Telstra Managed SIM option, a fair and adequate amount of voice and data usage has been allocated to your device based on average emergency use.

11. If the “Find me” and “Device test” functions are used excessively, the Supplier reserves the right to charge excess use fees or to request that you obtain your own SIM and data plan.

Prices

12. All prices quoted on the website are in Australian dollars.

13. The Supplier reserves the right to increase the price of your membership from time to time and you will be given notice prior to any price increase.

Marketing and contact

14. The Supplier may contact you from time to time to offer additional products and services. You may unsubscribe from further contact by following the unsubscribe instructions contained in the email you receive, or by contacting the supplier at support@carexact.com.au, Notwithstanding your instructions to unsubscribe from further contact, the supplier may still contact you in order to manage your membership and your device.

Warranty

15. The device is warranted to be free of defects for 12 months from the date of purchase and if defective, will be replaced or repaired at the Supplier’s discretion. Postage charges will be covered by the Supplier.

16. This warranty is subject to the device being maintained and used in accordance with the user instructions.

17. This warranty is void if the device has been tampered with in any manner.

Refund Guarantee

18. If you are not 100% satisfied with the device, you may return the product within 30 days for a full refund excluding postage charges.

19. This refund guarantee is void if the device has been tampered with or misused.

Limitation of liability

20. The Supplier is not liable for any injury, loss or damage caused by:

1. anyone failing to respond or to respond promptly to your call for help; or

2. your failure to operate and maintain the device properly, including to regularly test it; or

3. the device failing to operate due to mobile network connectivity issues;

and you agree to indemnify the Supplier against all claims for injury, loss or damage arising out of these circumstances.

Updates

21. These terms and conditions may be updated from time to time and will be available on the Supplier’s website as well as emailed to you.

Legal Action

22. This agreement is to be governed by the laws of Victoria, Australia and you agree to submit to the laws and jurisdiction of Victoria, Australia.