mCareWatch Terms and Conditions
Service Agreement You acknowledge that mCareWatch Pty Ltd (ABN: 32161052571) is not willing to enter any agreement, express or implied, to sell or provide you with a device or services except pursuant to all the terms and conditions outlined in the mCareWatch™ Service Agreement. By using our Devices and Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. mCareWatch™ disclaims all representations, warranties and liabilities, express or implied in connection with the provision of its devices and services other than in accordance with all the terms and conditions set within the mCareWatch Service Agreement (the “Agreement”), which follows: Customer (referred to as “you”) agrees to buy the mCareWatch or GPS SmartSole (the “Device”) on Telstra Pre-Paid on Self Manage Plan, mCareWatch SIM on Self-Manage Plan or mCareWatch SIM card on Monitoring Service Plan and subscribing to the services (“Services”) provided by mCareWatch Pty Ltd (referred to as “us” or “we”) described above. You understand and agree that our duties and obligations to provide the Device and Services arise exclusively out of this Agreement and not otherwise. If anyone other than the Customer is the user of the Devices, such User is a third party beneficiary to this Agreement and is bound by all of the terms herein, including, without limitation, our disclaimer of warranties and limitation of liability.
1.1 The Services include the services that mCareWatch™ uses commercially reasonable efforts to provide to you while your subscription with mCareWatch™ remains in effect, pursuant to the terms and conditions of this Agreement, as we may modify this Agreement as provided in Section 14. During the term of this Agreement we shall provide Services for the Devices in accordance with the provisions set forth in this Agreement, and the instructions provided on your Information Form. Services will not begin and we will have no obligation to process notifications received from the Devices until we have received and processed (1) a copy of this Agreement electronically signed by you; and (2) your completed Information Form. You understand and agree that you have chosen this Service.
1.2 mCareWatch™ offers the Subscriber the option for the Service to be connected to an independently owned and operated mobile personal emergency response system (mPERS) that mCareWatch™ has selected. If you choose to subscribe to the mCareWatch Service, an emergency call will be directed to up to three caregivers if the emergency button on the Device is pressed (for the Self Manage Plan) and an emergency call will be directed to our 24/7 Monitoring Service (for Monitoring Service Plan).
1.3 The mCareWatch is to be used primarily as a personal emergency notification and medical alert device, enabling a two-way communication between the user (Watch wearer) and the user’s three (3) nominated caregivers (Self-Manage Plan) or Monitoring Service (Monitoring Service Plan). It also allows carers and family members to call device outside of an emergency situation.
1.4 Charging the Device every 48 to 72 hours is recommended. If the geo-fence functionality or other features such as non-movement or GPS tracking has been activated by the carers then a recharge on a daily basis will be required. Please refer to the Product User Manual for battery use and tips.
1.5 mCareWatch™ has subsidiaries and legal entities (“Subsidiaries and Affiliates”) which may provide the Service to you on behalf of mCareWatch™. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
2. Price, Monthly Service Fee and Terms
2.1 mCareWatch: to purchase the mCareWatch you must purchase the watch device and select a Service Plan and Ongoing Payment Plan. The ‘Telstra Pre-Paid SIM card on Self Manage Plan, includes the watch, pre-installed Telstra SIM card and 12 months access to the mobile app and ConnectiveCARE platform. You must activate the Telstra SIM card and have full responsibility to ensure the SIM card has voice and data credit. The mCareWatch SIM card on Self Manage and Monitoring Service Plans include an activated micro-sim card with 10 minutes of national voice calls for emergencies and 10MB of data each month. Additional charges apply if you exceed these minimum thresholds each month. If you exceed the 10 minutes of national voice calls per month you will be charged at $1.99 (inc GST) per minute for national voice calls and $2.80 (inc GST) per 500KB of data. Service Plans also include access to the mobile apps (iOS and Android) for up to five (5) carers and access to the carer’s ‘ConnectiveCARE’ platformfor up to five (5) carers. You authorise us to charge your credit card, direct debit or EFT for the initial activation, purchase price and ongoing service payment plan. The GPS SmartSole service plans include an activated micro-sim card with 10MB of data per month. Additional charges apply if you exceed this minimum monthly threshold per month. If you exceed 10MB of data per month you will be charged $2.80 (incl. GST) per 500KB of data.
2.2 The mCareWatch SIM card Service Payment Plans are available on a Pay Monthly, Pay 6 Months Upfront or Pay 12 Months Upfront basis.
2.3 All purchases are final and no refund will be given for unused portions of your service payment plan. 2.4 All mCareWatch SIM card Service Plans (Pay Monthly, Pay 6 Months Upfront and Pay 12 Months Upfront) will automatically renew based on your initial term you selected. Your Service Payment Plan will continue for the length of the initial term you select on your plan and at the end of your pre-paid Service Payment Plan, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal by calling our helpline on 1300188557 (Australia only).
2.5 The 6 Months Upfront service payment plan will auto-renew for a further 6 months after the first 6 month period ends and the 12 Months Upfront service payment plan will auto-renew for a further 12 months when the 12 Month Plan expires. Plans can be cancelled anytime and will not renew upon receipt of a cancellation notice one (1) month prior to the expiration of that plan, however no refunds will be issued if cancelled prior to the end of the 6 Months (bi-annual) or 12 Month (annual) Service Payment Plan terms. The Telstra Pre-Paid SIM card on Self Manage Plan includes 12 months access to the mobile app and ConnectiveCARE platform, and following the 12 months can be renewed for a further 12 months for $119 or on a monthly plan of $12.
2.6 Automatic Payment. You authorise and agree that all amounts due to mCareWatch™ under this Agreement, including the Service Payment Plans (includes start-up activation fee, delivery and all Service Monthly Fees), are to be paid by automatic credit card debit pursuant to the credit card information you provided on PayPal e-commerce website or via Ezidebit. If your payment is not honoured, we may: (i) demand payment and you agree to pay the amount due; and/or (ii) choose to terminate this Agreement by giving you notice. Such termination does not relieve you of your obligation to pay for Services provided prior to such termination.
2.7 Payment Terms. You agree to pay all sales, service, or late charges, if applicable, whether imposed on you or us.
2.8 mCareWatch™ Account. You may need an mCareWatch™h Account in order to use some of our Services. You may create your own mCareWatch™ Account, or your mCareWatch™ Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an mCareWatch™ Account assigned to you by an administrator, additional terms may apply and your administrator may be able to access or disable your account. If you learn of any unauthorized use of your password or account, please contact mCareWatch™ Customer Support (tel: 02 80464860).
2.9 Content in our Services. Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you is yours. When you upload or otherwise submit content to our Services, you give mCareWatch™ (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to mCareWatch™ Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Please ensure you have the rights to grant us this license for any content that you submit to our Services.
2.10 About Software in our Services. When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. mCareWatch™ gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by mCareWatch™ as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by mCareWatch™, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
3. The Device and Services have certain limitations. In consideration for the provision of the Device and Services, you acknowledge that we do not represent or warrant that the Device or Services will prevent death, bodily or personal injury, or any other injury or damage to you or others who use the Device. We have no control over the response time or capability of any person who may be notified as a result for the Device being used. You further understand that the Device may fail to function properly. You agree that if we were to have any liability greater than that agreed to by you pursuant to section 7 of this Agreement, we could not and would not provide the Device or Services. You acknowledge that you should obtain any life, medical or disability insurance for the protection of yourself and others who may use the Device.
4. Monitoring Service. Monitored Customer acknowledges that signals which are transmitted through networks are beyond the control of mCareWatch and are not maintained by mCareWatch, therefore mCareWatch shall not be held responsible for any equipment or communication failure that prevents communication from a Device reaching mCareWatch monitoring service. The Monitored Service Customer agrees to provide mCareWatch with a written list of names, contact numbers of all people the customer wishes to receive notification as well as a list of any medical condition or allergies and an escalation procedure when the emergency button is activated by the monitored service Customer. It is the monitored service Customer’s responsibility to ensure any changes or updates to contact names, numbers or medical condition is communicated to mCareWatch in writing via email at email@example.com
4.1 Unless otherwise provided in the Call List mCareWatch will make reasonable effort to contact the first person reached or notified on the Call List either by telephone, SMS text or email. Where the first contact person is unable to be contacted, mCareWatch will try and contact the second emergency contact person as specified on the Call List. Where mCareWatch has attempted to contact the Emergency Contact List without reaching them, mCareWatch shall and if possible contact emergency services (ambulance or police) as specified in the Monitored Service Customer’s escalation procedure instructions and in accordance with the relevant authority’s operating procedures and the laws or regulations governing those authorities.
4.2 The Monitored Service Customer consents to the emergency services (police or medical emergency authorities) using force if necessary to enter the Customer’s location or premises where the customer is located at the time of the emergency at the Customer’s cost. mCareWatch will not accept responsibility or liability for any damage, cost or loss caused by these authorities in regard to the Monitored Service Customer or otherwise.
5. Receipt of Copy.
You agree that a complete copy of this Agreement was made available to you on the mCareWatch™ website. You further acknowledge and agree that this Agreement was negotiated and entered into solely by your use of our website.
The GPS SmartSole can only be returned in unused, untrimmed and unworn condition. Returns must be requested within 15 days of the purchase date. To request a return you must contact mCareWatch by calling 02 80464860. User pays for return shipping and must provide a tracking number. The Device must have its original packaging intact, including the charging system and printed materials. Single or unmatched pairs will not be issued a refund. The GPS SmartSole must be returned in the same condition as received in its original unit carton. Refund for the returned product is subject to inspection. If granted, the refund will include the full purchase price and will not include initial delivery, activation fee and any SIM card data used. Allow up to ten (10) business days from the day of receipt of the returned product for your refund to be processed.
7.1 mCareWatch: For 12 months after we deliver the Device to you, we will repair or replace any defective part of the Device without charge to you. This does not include any damage caused by water as the device is not water proof. The device is splash proof or weather proof only but cannot be worn in the shower, swimming and bathing. If the device is replaced within the first 12 months, the warranty period will remain from the time we first delivered the device to you not when the replacement device was received. 7.2 GPS SmartSole: To the extent permitted by law, for 6 months after we deliver the device to you, we will repair or replace any defective part of the Device without charge to you. The limited warranty covers the replacement of the device only. If the Device is repaired after the warranty period has expired , the warranty period for the repair will expire 6 months after the date of the repair. This limited warranty does not apply to normal wear and tear, does not apply when the Device is opened or repaired by someone not authorised by seller and does not cover repair or replacement of any Device or part that has been damaged by: misuse, moisture, liquids, non-compliance with the instructions supplied with the Device, neglect or misapplication. The limited warranty does not cover physical damage to the surface of the Device. This limited warranty does not cover or extend to any software that may accompany or be installed on the Device. Batteries are not covered by this limited warranty.
7.3 To replace the Device you must first send the watch or GPS SmartSole in the original unit carton, including all items originally packaged with the device (charging base, USB cable and adaptor) to; mCareWatch Pty Ltd, Suite 109, 46-50 Kent Rd Mascot NSW 2020.You must also include in the return package; an invoice number, your contact details (purchaser and watch receiver details), and a description of the problems and issues faced while using the device.
7.4 Receive Service: First, call our office as Service problems may be able to be resolved over the phone. If the problem cannot be resolved we will issue you a Service Number and send you a replacement Device and instructions on how to return the non-working Device. Upon the receipt of the replacement Device you are obligated to return the original Device to us within 7 days. If you fail to do so, we may charge you our prevailing price for the replacement Device by debiting your credit card. Please ensure you return the original product by registered post as we will not be responsible for Device that is not delivered to us. 7.5 mCareWatch – Not Included: Replacement of defective Device or any defective component in the Device is our only duty under this warranty. This warranty does not include damage caused by water, batteries and any other part of that need to be replaced due to accident, abuse, misuse, acts of God, vandalism, attempted unauthorised repairs, faulty electrical or other causes other than by normal wear and tear. You agree that this is our only warranty and we have given you no other warranty for the Device. All implied warranties including the implied warranties of merchantability of the Device or its fitness for any special purpose are limited in duration to the term of this expressed limited warranty, to the extent permitted by any application legislation.
8. Communications Facilities and Liability Limitations
8.1: Communications Facilities. The Devices use GPS, GSM, mobile digital network services and Wi-Fi technologies. This technology used by the Device may go off-line or not operate occasionally beyond our control and during any such outage tracking the device or making and receiving calls cannot be transmitted and we may not know of the communications outage. We are not obligated to provide Services during any such outages.
8.2 Customer recognises that mCareWatch will not be held responsible or liable for the device, mobile app, web portal dashboard “ConnectiveCARE”, SIM card or monitoring service that does not operate properly or if not fully tested on a regular basis. The Device and monitoring service can only be effectively carried out by mCareWatch if the device and service equipment is regularly tested.
8.3 Geo-fence alerts. To activate and ensure the geo-fence feature is operating effectively, the customer must provide mCareWatch with a minimum of one (1) Wi-Fi MAC address which will be added to the mCareWatch tracking platform system.
8.4 Device Alerts. Customer must have access to a smartphone (iOS or Android) and download the mCareWatch carer’s mobile app to be able to access any alerts via the watch personal emergency response system.
8.5 Despite anything to the contrary contained or implied in this Agreement, Customer agrees not to hold mCareWatch for any loss, damage, injury or death as a consequence of in any way relating to any of the communication facilities used by the Device referred to in section 8.1 going off-line or failing to operate, not due to any act or omission by mCareWatch or the failure of the Device due to failure of the Customer to service, recharge battery and/or to maintain the Device as specified in this Agreement or the failure of the Device to be operational for any reason other than due to a defect in the design or manufacture of the Device, for a period of 12 months from the date of purchase for the device and 6 months for the GPS SmartSoles.
9. After Warranty Repair of Device. At the end of our limited warranty, and as long as you are paying for Services, we shall continue to repair or replace the Device pursuant to the process set forth in Section B of our limited warranty and you agree to pay for such repair at our then prevailing rates and you authorise us to debit your credit card for such services. If you fail to pay for the chargeable repair service we may terminate this Agreement by giving you notice and seek to collect any unpaid charges.
10. Customer’s Duties.
10.1 You will instruct all other users who may use the Device on its proper use, including any user if different to you.
10.2 You must ensure that all information provided to us is accurate and up to date.
10.3 You agree to advise us of any change of contact details for the user (Device wearer) and primary caregiver.
11. Termination, Default. If you fail to make any payment when due otherwise default under the terms of this Agreement, we may discontinue Services and terminate or suspend this Agreement. If service is suspended because you have failed to pay the Services fees set forth herein, and you ask us to reactivate the Device you will pay, in advance out then current re-connection fee. You understand that the Device may not work with networks used by other providers.
12. Further Limitation of Liability. You understand that: (a) we are not an insurer of your health or personal safety or the health or personal safety of persons who may use the Services; (b) you are solely responsible for providing any life, health or disability insurance for yourself and persons who use the Device; (c) emergency notification may not always operate properly for various reasons; (d) it is difficult to determine in advance what portion, if any, of any personal injury or death or property loss would be proximately caused by our failure to perform, our negligence or a failure of the Device or Services.
13. Third party Indemnification and no Subrogation. If anyone other than you (including any User), asks us to pay for any harm or damages (including personal injury, death or property loss) connected with or resulting from (i) our breach of this Agreement or a failure of the Device or Services, (ii) our negligence, (iii) any other improper or careless activity of ours in providing the Device or Services or (iv) a claim for indemnification or contribution, you will pay us (a) any amount which a court orders us to pay of which we reasonably agree to pay, and (b) the amount of our reasonable solicitor’s fees and any other losses or costs that we may pay in connection with the harm or damages.
13.1. The Customer will indemnify and hold harmless mCareWatch in respect of any damages, loss or injury occurring to any person, property or party and all actions, claims, demands, suits, charges, losses, costs, damages or expenses from the use of the Device and Services (SIM card, mobile app, web portal and monitoring service).
14. This Agreement shall be governed by the law of the state of New South Wales, Australia.
16. Entire Agreement. This Agreement constitutes the entire agreement between you and mCareWatch™. The terms and conditions of this Agreement apply as presented online without alteration or qualification, unless a change is approved in writing by an authorised employee of mCareWatch™. We may amend this Agreement at any time in our sole discretion by notifying you on or in connection with the Services, including by email. You hereby agree to be bound by such amendment. No other amendment shall be enforceable against us unless set forth in a writing signed by an authorised employee of mCareWatch™.