Terms of Service & Product Disclaimer
This is a combined Terms of Service & Product Disclaimer for MedAlert. To navigate directly to the Product Disclaimer, click here.
Terms of Service
Overview
This website is operated by MedAlert. Throughout the site, the terms “we”, “us”, and “our” refer to MedAlert. MedAlert offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service and product disclosure carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products or Services (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MedAlert, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless MedAlert and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
Section 19 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Contact Information
Questions about the Terms of Service should be sent to us at info@medalert.io.
Our contact information is posted below:
- Trading Name: MedAlert
- Email: info@medalert.io
Product Disclaimer for MedAlert
Acceptance of Terms
By purchasing the [Your Product Name] (hereinafter referred to as "the Product"), the buyer (hereinafter referred to as "You" or "Your") acknowledges and agrees to the terms and conditions set forth in this disclaimer. Please read this disclaimer carefully before using the Product.
Consumer Guarantees
General Disclaimer: The features of our products, including battery life, health sensor accuracy, and the ability to make and receive calls for SOS or fall detection, are influenced by individual circumstances, settings, cellular reception, and other external factors. Medalert does not guarantee these features under all conditions.
Australian Consumer Law: Our products come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
Emergency Features
Emergency Call Function (SOS Button): The Product includes an emergency call feature, activated by pressing the SOS button. You acknowledge that this feature is subject to various limitations, including but not limited to battery power, signal reception, and environmental factors. There is no guarantee that the emergency call will be successfully placed or received in every situation.
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 may 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 time frame. MedAlert does not control how long an alerted party may take to respond to an alert. MedAlert recommends that the alert parties chosen by the user are aware of the alarms use and are suitable for providing the assistance required to the User.
Mobile network coverage disclaimer: The user understands the actual mobile alarm connection depends on where they are in relation to the available 4G mobile network coverage. Users should be aware that MedAlert uses mobile coverage maps to check on available 4G 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.
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. An example of how to test the health of your alarm periodically can be found here. MedAlert 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. MedAlert is not liable for any indirect or consequential loss or claims.
Fall Detection and Automatic Calling: The Product's fall detection and automatic calling feature is designed to detect significant falls and automatically initiate a call for assistance. However, this technology is not infallible. The Product might not detect a fall if, for example, the wearer braces during the fall, or if other mitigating circumstances occur. Additionally, this feature is subject to the same limitations as the emergency call function, including battery power and signal reception.
GPS Tracking and Positioning: 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 MedAlert watch has built-in GPS technology that it uses to fix the location of the watch with an accuracy range of approximately 2 metres. In order for the GPS functions to operate it requires a line-of-sight connection to satellites in the sky. In some cases, the line-of-sight required to enable and/or operate the GPS may take a few seconds or longer (up to 10 minutes in some cases) to receive the signal and determine the coordinates of the device’s location. In cases where there is no available line-of-sight connection to satellites in the sky, the 4G MedAlert watch attempts to obtain location using wifi signal, which is a good solution for when the alarm is out of GPS range but in a relatively built up area – cities, surrounding metropolitan areas and large towns.
In the event the pendant cannot receive the GPS signal it will show its wifi position, if available. Underground car parks, lifts, concrete buildings, tunnels and other constructions can block the GPS signal from satellites to the pendant. MedAlert cannot guarantee the device will be able to show its location at all times and the wearer/user must be mindful and aware of the restrictions and/or limitations of GPS.
It is possible that if a wearer of the pendant is in a location where there is no GPS signal, there may also be no available 4G mobile signal meaning the location function of the pendant will not operate till the wearer moves to an unobstructed location. However, the automatic wifi location of the alarm will normally be shown in these circumstances rather than GPS position. The device is designed with redundancy (Bluetooth, GPS and/or wifi location) in mind with respect to obtaining location in the case of an emergency. Additionally, the automatic wifi location of the alarm will normally be shown in circumstances where GPS position is not available.
Health Monitoring Features
The Product also includes health monitoring features such as heart rate, temperature, blood oxygen, and blood pressure readings. You acknowledge and agree that:
Not Medical Devices: These features are not medical devices, and the readings provided are not intended to replace professional medical advice, diagnosis, or treatment.
Accuracy and Use: The accuracy of these readings may vary and should not be relied upon for making medical or health-related decisions. The readings are intended for general informational purposes only and provide a high-level overview of certain health metrics.
No Health Monitoring or Prevention: The Product is not designed to monitor, diagnose, treat, or prevent any medical condition or disease.
Exclusions and Limitations
Wear and Tear: Normal wear and tear, misuse, or damage through accident or neglect are not covered.
Modifications: Any modifications or repairs not performed by MedAlert or its authorised service providers may void the warranty.
General Limitations and Liability
Technology Limitations: You acknowledge that no technology is infallible and that there may be occasions when the Product may not function as intended due to various factors including but not limited to environmental conditions, product maintenance, and user error.
No Guarantees: While we strive to provide a reliable Product, we cannot guarantee that the Product will function perfectly in every situation.
Limitation of Liability: To the fullest extent permissible by law, MedAlert shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the Product.
While the MedAlert device is a powerful tool designed to provide independence to its wearers and peace of mind to their loved ones, it is important to understand its limitations. Although highly effective, the fall detection feature may not recognise certain types of falls, such as soft falling.
Additionally, the health monitoring functionalities - including heart rate, blood pressure, temperature, and blood oxygen sensors - are intended to be used as guides. If you or your loved one ever feel uncertain or unwell, please contact a healthcare professional. Please note, MedAlert cannot be held liable for any false readings or undetected medical emergencies.
Agreement
By purchasing this product, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this disclaimer. You also acknowledge that you understand the limitations of the Product and agree to use it at your own risk.