These Terms and Conditions apply to the use of this Website and the purchase of Goods from us. In using this Website and otherwise contracting with us for the purchase of Goods, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website or purchasing Goods through it.
In these Terms and Conditions:
1.1 “Content” means any material in any form published or posted on our Website, whether posted by us or by a third party with our consent;
1.2 “Devices” means the “CareSafe”™ personal alarm devices we manufacture and sell, and, unless the context requires otherwise, includes a reference to parts and accessories for those devices;
1.3 “Goods” means goods offered for sale on and/or purchased from our Website or us or our representatives through other means, and unless the context requires otherwise includes the Devices;
1.4 “We“,”our” and “us” and are references to Caresafe Alarm Pty Ltd ACN 635 552 975 PO Box 2254, Caulfield Junction;
1.5 “Website” means our website located at www.caresafealarm.com.au as well as any other URLs that we may have registered and may in future register and use for the purpose of linking to that website, and unless the context requires otherwise includes any “app” version of that site and any related services; and
1.6 “You” and “your” are references to you as a user of the Website and/or as a purchaser or potential purchaser of our Goods.
2. Our contract with you
2.1 These terms and conditions apply:
(a) to you as a visitor to our Website; and
(b) to you as a purchaser (actual or prospective) of and/or subsequent user of our Goods.
3. Registration and access
3.1 In order to purchase Goods from us through our Website, you will need to register as a user. Purchasing is only available to individuals and others who meet our eligibility requirements. You may not use another member or user’s account without their permission.
3.2 Upon registration we may collect information such as your name, address, valid email address and mobile phone number. You agree to provide accurate up to date and complete information and to keep this information (as well as any credit card or other payment information) updated when interacting with us. You represent that any username or email address you use for the purposes of interacting with us or using the Website will not interfere with the rights of any third party and has not been selected for any unlawful purpose.
3.3 You are solely responsible for any activity occurring on your account with us. You agree to accept responsibility for all activities that occur using your account or password. You must maintain the security of your account details including password and must prevent any unauthorised person from accessing same. If you suspect unauthorised use of your account or that your password is no longer secure, you must notify us immediately. You must also tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We may stop (temporarily or permanently) providing access to the Website to you or visitors/ users generally, at our discretion and without prior notice.
4. Your use of the Website
4.1 You are provided with access to and are authorised to download material contained on this Website only for your personal, non-commercial use. Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website without our prior written permission.
4.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
4.3 You must not use this Website, in breach of any laws or regulations or to transmit unsolicited emails/spam or to defame, abuse, harass, threaten or otherwise harm any person. From time to time we may include functionality for users to upload Content, to or make comments or other postings on the Website. If you do so, you must not:
(a) upload, post, transmit or otherwise make available on the Website any content that is defamatory, promotes, encourages or provides information about unlawful conduct or activities, infringes any third party’s intellectual property rights or breaches confidentiality, includes a photograph or other likeness, or personal information of another person without their consent, contains pornography, nudity, sexual acts or references, incites hatred or discrimination against any person or group of persons, contains any unsolicited or unauthorised advertising or promotional material, misrepresents your relationship with any person, is misleading, false or deceptive (whether by representations or omissions) or contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website.
5. Product depiction
5.1 We endeavour to represent Goods for sale as accurately as possible on the Website, however due to technical limitations of photography and visual representation, we cannot guarantee that Goods listed for sale appearing at the Website will always look exactly the same when received (including in respect of colour).
6. Purchasing Procedure
6.1 The promotion and listing of Goods on the Website does not constitute an offer to sell or guarantee the availability of Goods. It is an invitation to treat only and we reserve the right to accept or reject your purchase request for any reason including but not limited to stock shortages. Unfortunately we cannot guarantee that all Goods displayed at our website will always be available for sale. Orders placed by you via the Website are offers to purchase Goods at the prices listed and pursuant to these Terms and Conditions.
6.2 All prices listed on the Website are listed in Australian Dollars (AUD $). Prices are current at time of display but are subject to change. Pricing information including tax and duty calculated for your shipping destination is available at the Website, with taxes and duties for your destination being set out on the order summary page.
6.3 Where you order Goods from us and we accept your order we will notify you by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we anticipate dispatching your order. Please check this confirmation.
6.4 You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
6.5 Payment must be effected in the manner described on the Website (VISA, MasterCard and any other method indicated such as PayPal) and must be received in full prior to dispatch of Goods by us. If paying with a credit card, there may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
6.6 If your payment is not received or declined by your bank or credit card issuer, we cannot hold Goods against your order. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before dispatching Goods.
6.7 You acknowledge that despite our reasonable precautions, Goods may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of Goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
6.8 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
(a) accept the alternative Goods we offer; or
(b) cancel that part of your order pertaining to the Goods not in stock.
6.9 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of cancellation of your order.
7. Price and Payment
7.1 We endeavour to keep our Website and catalogue prices for Goods updated and accurate but it is possible that actual current sale prices may differ from that published on the Website. Where you order Goods that are priced higher than the listed price, we will not send your order until you have confirmed that you wish to order Goods at the new price.
7.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
7.3 Prices include Australian GST (Goods and Services Tax). Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
8.1 Delivery charges are dependent on the Goods selected and the delivery destination for the order. These will be calculated and you will be advised of their amount before you finalise and submit your order.
8.2 Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.3 Delivery timeframes listed at the Website are estimates only, to be used as a guide. Typically you will receive your orders within 30 days at the latest from acceptance of your order. We will not be responsible for any delays caused by customs clearance processes at the destination country or any other circumstances beyond our reasonable control.
8.4 We may require a signature for any Goods delivered. In such circumstances, if you order Goods for another recipient (e.g. as a gift) we are entitled to accept evidence of their signature as evidence of delivery.
8.5 If a delivery is delayed due to circumstances beyond our reasonable control, we will (to the extent that we become aware of such delay) contact you to let you know and take any reasonable steps we can to minimise the effect of the delay.
8.6 From the time of delivery Goods delivered to you are your responsibility and liability.
8.7 While we insure each purchase during the time it is in transit from us to your delivery address, to the extent permissible and except as set out hereunder, we disclaim liability for loss, damage or theft of items once they leave us. We suggest insuring your items. We also strongly recommend that you have your Goods shipped to a business address.
8.8 Claims for undelivered orders or orders that have only partially been delivered must be made within 30 days of the order date to allow us to follow up with Australia Post. No claims for non-delivery can be accepted after this time.
9. Cancellations, returns, exchanges of orders
9.1 You may cancel your order for Goods at any time before we dispatch your order. If you cancel before we have dispatched the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
9.2 You are required to inspect and check Goods that you receive through us thoroughly as soon as received and to enure that all the components and parts you have ordered are included.
9.3 Where your Goods arrive damaged through delivery please notify us immediately upon receipt. We may require you to complete a return form and provide us with photographs of the damage for our further assessment. We will liaise with you to discuss the return process for damage that we believe was caused during delivery.
9.4 If you wish to return Goods to us because you consider them to be defective, you must tell us by email to firstname.lastname@example.org or by letter to our postal address specified in these terms and conditions that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return, including:
(a) the nature of the fault/defect;
(b) the date, if relevant, when the fault/defect became apparent;
(c) when and how you discovered the fault/defect;
(d) how the fault/defect has affected your use of the Goods;
We will then respond to you accordingly.
9.5 If, acting reasonably, we determine that a return of the Goods is warranted because of damage or defect, we will issue a returns authority. If you send Goods to us without a returns authority, we may reject them. You must not attempt to return any Goods before having so communicated with us. Where we accept such returns, you agree to follow any directions regarding postage and packing in relation to the item in question.
9.6 The Goods must be returned to us as soon as any defect or damage is discovered and so far as possible, Goods must be returned:
(a) with both Goods and all packaging as far as possible in their original condition;
(b) securely wrapped;
(c) including a copy of our tax invoice; and
(d) at your risk and cost.
9.7 Products purchased at a discounted or sale price can only be returned if defective or if otherwise required by law, but in any case not for change of mind reasons.
9.8 Without limiting and subject to any obligation under the terms of any warranty provided in relation to Goods, where you claim Goods you have received are defective, unless the law requires us to do otherwise in the circumstances, we will at our election arrange a replacement, give you a store credit for the purchase price or give you a refund, provided that you notify us of the defective Goods within 3 months of receipt and that you return them with all packaging reasonably required.
9.9 We will be under no obligation to replace or provide a refund where the Goods have become of unacceptable quality due to circumstances such as misuse, failure to use in accordance with our/ the manufacturer’s reasonable instructions, using the Goods in an abnormal way or failing to reasonably care for the Goods.
9.10 We may monitor the number of returns and exchanges made by you. Where you seek returns and exchanges with a frequency that we consider to be excessive we may refuse to accept further orders from you or disable your account.
10. Disclaimers, limitations and warnings
10.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 Subject to clause 10.1, to the extent permissible at law, this Website, all Content appearing on it and our Goods are provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under by law. You accept that information provided or relayed by us is general information and is not in the nature of advice and is not guaranteed to be error-free. We give no warranty and make no representation, implied, express or otherwise as to:
(a) the adequacy or appropriateness of any Goods for your purposes;
(b) the accuracy or reliability of the Devices in all circumstances;
(c) the merchantability or fitness of the Goods for a purpose, other than that required by law, bearing in mind the purpose for which the Devices are intended to be used;
(d) the accuracy or veracity of any Content on our Website posted by someone other than us; and
(e) the compatibility of our Website with your equipment, software or telecommunications connection.
10.3 To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website, or any other linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website. Without limiting the foregoing, to the extent permissible at law we exclude liability in respect of:
(a) mistakes or inaccuracies on the Website;
(b) any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers;
(c) bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party; or
(d) any interruption or cessation of transmission from our Website.
10.4 Any information provided on this Website or otherwise by us or on our behalf in connection with Goods is intended to be a guide only and is not to be relied on or taken as or instead of professional or medical advice. You should consult a doctor or medical professional for information and advice as to whether the Goods are or are likely to be of appropriate assistance to you and what additional or alternative measures you should take to reduce any risks to you.
10.5 Our Devices are intended to assist users in their daily lives but are not intended to be a substitute for any personalised care or monitoring services, medical devices or machines and are not intended to be relied on instead of the taking of other prudent and preventative actions, especially for those who are frail or prone to injury. Our Devices do not treat any conditions (including any psychological conditions), nor are they intended to replace emergency assistance rendered by others (including medical or paramedical professionals and allied providers). Our Devices do not provide a monitoring service of any kind.
10.6 When using Devices to seek assistance (including security, medical or panic alarm functionalities) you should, to the extent possible, seek to additionally contact persons who may render assistance, including, without limitation ambulance service providers in appropriate circumstances.
10.7 You agree that you are responsible for (and that we shall not be liable for any failure in regard to) maintaining in working order, charging and keeping charged, and otherwise looking after the Devices and any other Goods you have purchased from us.
10.8 You agree and acknowledge that:
(a) the 3G, 4G and GPS functions on our Devices is limited by the inherent nature of those networks and services (these being beyond our control);
(b) without limiting the foregoing, a Device may not work or may have compromised function in some locations, for example, underground, in certain buildings, in cars or elsewhere where there is an interference or covering over the Device. GPS location services necessary for the Device to function correctly may operate sub-optimally when the user of the Device is indoors or in an area of poor reception;
(c) while the GPS signals on our Devices typically work within a 5 metre radius of the user on most occasions, we cannot guarantee that the GPS signal will work 100 per cent of the time;
(d) the extent of coverage of the 3G and 4G signals on which the device is reliant is limited by the coverage of the provider of the SIM card;
(e) the Devices are effective only to the extent that you have entered accurate and up-to-date contact information relating to those whom you wish to render assistance following contact from the Device. We take no responsibility for and cannot be liable for users’ incorrect programming and use of the Device (for example, the entry of incorrect phone details for user contacts), for users’ failure to keep contact details updated (including for example when a contact changes their phone number), improper use of the Device (for example, not holding the SOS button for sufficient duration to enable activation), network errors and outages and the inability of emergency contacts to receive phone calls due to devices being out of range, turned off, or otherwise having limited connectivity;
(f) we do not represent that the use of the Devices will necessarily and always result in satisfactory outcomes for users, or the prevention of damage, injury or death;
(g) to the extent permissible at law, we are not liable for accident, injury, death, damage or other harm caused by the Devices/ Goods or any failure associated with those Devices or Goods;
(h) we do not represent that the use of the Device will prevent any unlawful or unwanted entry of third parties into homes, and the Device is not intended to measure or alarm the user in connection with unlawful entries or other attacks;
(i) the data appearing on or through use of the Devices may be personal, confidential, and/or highly sensitive and could become available to any person who locates or uses the Device if it is loss or taken (whether with or without your permission). In an emergency situation this data could be made available to a person not currently known to you. You agree and acknowledge that we have no control over and accept no responsibility for the actions or omissions of any person who may locate or use the Device and its data;
(j) the use of Devices is intended only to assist users contacting programmed contacts. We have no control over which individuals you elect to be notified through use of the Device in an emergency or crisis. You (and not we) are responsible for determining the capacity of individuals who may assist, contacting them prior to any emergency to gain their permission to be contacted through use of the Device, programming their details into the Device and contacting them in the event of an emergency or critical situation through the use of a Device;
(k) it is your (and not our) responsibility to maintain the charge of the Device, to ensure that you have sufficient levels of SIM credit on your Device;
(l) excessive or regular use of the call function of the Device will require you to increase the amount of credit required for the Device to function reliably;
(m) users who are prone to seizures should regularly top up the credit available on their Devices; and
(n) we shall not be liable for the deletion or corruption of or failure to store any data maintained or transmitted through your use of the Device nor for any viruses transmitted by or through your use of the Device;
10.9 To the extent permissible at law, any representation, condition or warranty which would otherwise be implied into these Terms and Conditions or otherwise in connection with the sale of Goods by us is hereby excluded. You agree and acknowledge that we shall have no liability in respect of any injury or death caused to persons responding to calls from the Device.
10.10 Without limiting the foregoing, to the extent permissible at law we disclaim all warranties regarding merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permitted at law. You agree that you have not relied on any representation made by us or our representatives that is not expressly stated in these terms and conditions.
10.11 Except if and to the extent that any statute implies terms into this agreement which cannot be lawfully excluded, in which case, such terms will apply to this Agreement to the extent required by law only, our liability for any breach of such terms will be limited at our option to one of the following:
(a) If the breach relates to goods;
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) If the breach relates to services;
(i) the supplying of the services again; or
(ii) the payment of the cost having the services supplied again.
10.12 To the extent permissible at law, in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity, or any physical injury) of any nature arising through or as a result of your use of the Website or any Goods purchased through it.
10.13 Without limiting clause 10.10 or clause 10.12, if there arises any liability on our part as a result of any cause whatsoever, whether such loss, damage was caused by or contributed to by our negligence or failure to perform any obligation, including any strict liability, such liability will be limited to the amount of the purchase price of the Goods at the time of purchase and shall not include legal fees, administration fees, medical bills or any third party’s costs.
10.14 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
10.15 We may make improvements or changes to our Website, the Content, or to any of the Goods, at any time and without advance notice.
10.16 Our Website contains links to other websites over which we have no power or control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
10.17 Except as required by law, we are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Website or the purchase or use of Goods.
10.18 In any event, including the event that any term or condition or obligation on our part is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the Goods or services you have purchased.
10.19 Clauses 10.18 and 10.19 do not apply to a claim for personal injury.
11. Intellectual Property Rights
11.1 “Caresafe”, including any logo version of that trade mark, is our trade mark or used exclusively by us under licence and may not be used by you without our prior written consent or that of our licensor.
11.2 Copyright in this Website is owned by us. Except as expressly authorised under such legislation or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from the Website or Content appearing thereat.
11.3 If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) for inclusion on the Website you grant us a royalty-free perpetual licence to use, reproduce and display/post that content on the Website. We shall not be obliged to use, display or retain any Content so supplied on the Website. You warrant that all such Content will not infringe any third party’s intellectual property or other rights.
11.4 We will protect the intellectual property rights in connection with our Goods and our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
11.5 We also claim copyright in the designs and compilation of all Content of our Website.
11.6 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
11.7 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
11.8 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
11.9 We reserve the right to remove any Content that you may post at any time without notice to you.
12.1 We will do our best to maintain our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our Website.
12.3 You may not use any software tool for the purpose of extracting data from our Website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
13.1 To the extent permissible at law, you agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
13.2 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our Website, your posting of any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14.2 Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
14.3 All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
15. Breach of Terms and Conditions / Termination of Access
15.1 Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Website, preventing computers using your IP Address from accessing the Website, and contacting your internet service provider to request that your access to the Website be blocked.
15.2 Without limiting the foregoing, you acknowledge that we may terminate the operation of, and hence your access to, this Website (whether temporarily or permanently) at any time by us without notice. We will not be liable to you for doing so.
15.3 Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
16. Miscellaneous provisions
16.1 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.2 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
16.3 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
16.4 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, including strikes of our own employees.
16.5 This Agreement shall be governed by and construed in accordance with the law of Victoria, Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.