mCareWatch Terms and Conditions
Service Agreement You acknowledge that mCare Digital 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 HW2 (the “Device”) on Basic, Standard or Premium Service Plan and subscribing to the services (“Services”) provided by mCare Digital 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 BASIC and STANDARD Plans) and an emergency call will be directed to one caregiver (family or friend) if the emergency button on the Device is activated and to the Monitoring Call centre for the PREMIUM 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 nominated caregiver (BASIC and STANDARD) or Monitoring Service (PREMIUM Service Plan). It also allows carers and family members to call device outside of an emergency situation.
1.4 Charging the Device every 24 hours is recommended. If the geo-fence functionality or other features such as fall detection or non-movement or GPS tracking has been activated by the carers then a recharge on a more frequent 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 To purchase the mCareWatch HW2, you must purchase the mCareWatch HW2 for $499 which includes the setup and activation plus subscribe to one of the three Service Plans available. All Service Plans include a pre-installed and activated SIM card with voice calls and data and access to certain features.
2.2 The BASIC service plan includes a SIM card with the 30 (thirty) minutes of outgoing voice calls and 25MB of data per month. If these minimum thresholds are exceeded, a flat fee of $15 (incl. GST) is charged for a further 30 minutes and 25MB of data to be used in that same month. This Service Plan also includes the following features: SOS emergency calls, GPS tracking, Reminder alerts, access to the mobile app and ConnectiveCARE web portal for 3 family/friends and all SOS emergency calls answered by family and friends.
2.3 The STANDARD and PREMIUM Service Plans include a SIM card with unlimited voice calls and 1GB of data per month. If you exceed the 1GB of data, a flat fee of $20 (incl. GST) will be charged for an additional 1GB of data to be used in that same month. The features included in the STANDARD and PREMIUM Service Plans include: SOS emergency calls, GPS Tracking, Reminder Alerts, Non-movement alerts, geo-fence, fall detection, Health & Wellness checks and access to the mobile app and ConnectiveCARE web portal for 6 family/friends. For the STANDARD Service Plan all SOS emergency calls are answered by family or friends and for the PREMIUM Service Plan, all SOS emergency calls are answered by a 24/7 Monitoring call centre. All SIM cards provided by mCareWatch on the mCareWatch HW2 device are powered by the Optus 4G Plus Network. It is the customer’s responsibility to ensure that the wearer’s location has the Optus 4G mobile coverage.
2.4 All purchases are final and no refund will be given for unused portions of your service payment plan. All mCareWatch SIM card Service Plans will automatically renewed based on your initial term you selected. Your Service Plan will continue for the length of the initial term you select on your plan and at the end of your Service 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 Automatic Payment. You authorise and agree that all amounts due to mCareWatch™ under this Agreement, including the Service Plans (includes start-up activation fee, delivery and all Service Monthly or Annual Fees), are to be paid by automatic credit card debit pursuant to the credit card information you provided STRIPE. 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.
2.6 Payment Terms. You agree to pay all sales, service, or late charges, if applicable, whether imposed on you or us. Late fees apply if your service renewal invoice is not paid by the due date. For invoices overdue by 1-14 days a late payment of $15 is payable. For invoices overdue by 15 – 29 days a late payment of $30 is payable. Any invoice overdue by 30 days or more will have the service deactivated and a reactivation fee of $60 is payable to reactivate the service.
3.0 mCareWatch Account. You may need an mCareWatch 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).
3.1 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.
3.2 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.
4. 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.
5. Monitoring Service (Premium Service Plan). 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
5.1 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.
5.2 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.
6. 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.
7.1. mCareWatch HW2 Warranty. The warranty lasts and is provided in accordance with the respective local laws, as standard for a period of twelve (12) months for the host unit, six (6) months for the battery and charger from the date of purchase of the product, and is only applicable if you have purchased the product from mCareWatch. During the Warranty period, Huawei or it’s authorised service network will repair or replace, at Huawei’s option, the hardware product or any relevant parts thereof in the event that the product is found to be defective. The repaired product or the product/part provided as replacement for a defective product/part shall be free from defect. Repair or replacement of a product may involve the use of functionality equivalent reconditioned unit. The purchaser of the product or his/her assignee (“Consumer”) shall not be charged (whether for parts, labour or otherwise) for the repair or replacement of a defective product during the Warranty period. All defective replaced parts, boards or equipment shall become the property of Huawei.
7.2 Upon request from Huawei or mCareWatch, the customer may be required to provide the purchase receipt or other documentation or information in respect of the date and place of purchase. In the event that the information is not presented or if it is incomplete or illegible, Huawei or mCareWatch reserves the right to refuse the Warranty service.
7.3 This Warranty does not cover damage resulting from: (1) Normal wear and tear of the equipment (2) Defects and damages due to the equipment being used other than in normal and customary manner (3) Any unauthorised disassembly, repair, alteration or modification being carried out (4) Misuse, abuse, negligence or accident howsoever caused (5) Defects or damage arising from improper testing, operation, maintenance, installation, or any alteration or modification (6) Defects or damage due to spillage of foods or liquids, corrosion, rust or the use of wrong voltage (7) Scratches or damage to plastic surfaces and all other extremely exposed parts that are due to normal customer use.
7.4 The mCareWatch HW2 Warranty will be null and void in any of the following events: (1) If the serial number or warranty seal on the equipment has been defaced or removed. (2) If any term contained in the Warranty has been altered or modified in any way without the prior written consent of Huawei or mCareWatch. (3) Without any proof of purchase. This Warranty applies only to the hardware components of the product as originally supplied and does not apply to any software or other equipment that are owned by Huawei or third parties for which an en-user license agreement or separate warranty/guarantee or exclusions are provided or intended to apply. Huawei or mCareWatch is not responsible for the damage to or loss of any programs, data or removable storage media where you do not backup your data.
8. Communications Facilities and Liability Limitations
8.1: Communications Facilities. The Devices use GPS, GSM, mobile digital network services and WiFi 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, online 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 and power cycled every week.
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) WiFi 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 SMW16 “Soteria” and 12 months for the mCareWatch HW2.
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, online 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.