Terms & Conditions This page explains the terms and conditions on which we supply any services listed on our website www.personalalarms.net.au to you. For the purposes of these terms and conditions ‘Services’ means any services listed on our website that you purchase, or attempt to purchase. Before ordering any Services, please read these terms and conditions carefully and make sure that you understand them. By ordering any Services you agree to be bound by these terms and conditions. You will need to confirm that you agree to these terms and conditions before you can complete your purchase. You should print a copy of these terms and conditions for future reference. 1. Who we are Here is some more information about us: i. We operate the website www.personalalarms.net.au ii. We are Bora Health Pty Ltd and we trade under the name SureSafe Alarms. iii. Our company number is 27 150 167 260. iv. Our equipment rental and monitoring services are only intended for use by people resident in Australia. We do not accept orders for equipment rental and monitoring services from individuals outside Australia. 2. Who you are By purchasing Services through our website, you confirm that: i. You are at least 18 years old. ii. You are legally capable of entering into binding contracts. iii. You are accessing our website from within Australia, if you are acquiring equipment rental or monitoring services. 3. The basis of our agreement By purchasing Services through our website, you agree that: i. Your agreement to our terms and conditions constitutes a binding contract between us. ii. The terms and conditions and your order acknowledgement email set out the entire agreement between us. iii. In order to complete any purchase you must check the ‘I Accept’ box next to the Term & Conditions link on the checkout page. iv. Any information, promotional literature, images and/or any other type of information available through or site or sent to you by us does not form part of our contract. v. In the event of an inconsistency between the order acknowledgement email and the terms and conditions, the order acknowledgement email shall prevail. vi. If you are renting equipment from us and/or purchasing monitoring services then you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to us to rent equipment and/or to purchase monitoring services. We will then send you an email asking you to complete the necessary additional information required for us to provide the Services, and for you to pay for the Services. Once you have completed this information we will then send you an order confirmation email at which point the Contract shall come into existence between us and you. vii. If you are purchasing equipment from us then the order acknowledgement email is a confirmation of your order for the equipment only and the point at which a contract between us comes into existence. Monitoring services are always confirmed in accordance with clause 3 vii. viii. Any quotation for the provision of Services is given on the basis that a binding contract shall only come into existence in accordance with 3 (vi) and 3 (vii), above. Quotations are valid for 30 calendar days from the date we give it to you. We reserve the right to withdraw or amend it during this period. We will notify you in writing if we do. ix. We reserve the right to revise our terms and conditions from time to time. We will give you notice in writing and at least 30 days in advance of this. In such an event, you will have the option to cancel this agreement without penalty. 4. Our obligations to you We will: i. Post the equipment to you within 1 working day of receipt of appropriate payment (where you have not chosen an installation option). ii. Arrange an appointment with you for the installation of the equipment (where relevant) within 5 working days. iii. Provide Services with reasonable skill and care. iv. Provide Services that are fit for the purpose we say they are fit for. v. Provide Services that are free form material defects in design, material and workmanship. vi. Provide Services that comply with all applicable statutory and regulatory requirements for supplying the Services in Australia. vii. Reserve the right to make any changes to the Services necessary to comply with any applicable law or safety requirement. We will notify you in writing should this happen. viii. Be fair and reasonable in responding to any complaints made by you. 5. Your obligations to us when renting equipment and/or purchasing monitoring services 1. Prior to monitoring service activation you must i. Complete the customer information form we send you. ii. Complete the direct debit form we send you. iii. Obtain permission from the key holders provided in the customer information form for us to contact them in the event you activate your personal alarm service. iv. Give the key holders a key to your property, as well as any alarm codes. Alternatively, purchase and install a key safe and provide the key holders with the key safe code. v. If you have a key safe, give us the key safe code and consent to us sharing this code with your doctor or the emergency services. vi. Give key holders the authority to access your doctor and medical records. 2. Following installation and monitoring service activation you must i. Carry out a test call as soon as reasonably practicable to ensure that it is working correctly. ii. Test the pendant range from the base unit to identify any areas of your property that would be out of range. Consider purchasing a range extender if you are not covered throughout your property, or to your satisfaction. 3. For the duration of our agreement you must (where relevant) i. Co-operate with us in all matters relating to the Services. ii. Ensure that your telephone line is fully operational. iii. Ensure your telephone line is functional with the Australian Telecom infrastructure (we cannot guarantee that that other providers will be compatible with the Services. Please contact us before agreeing any change in supplier). iv. Be responsible for any costs associated with you changing your telephone provider, including any necessary maintenance visits. v. Give us any information we reasonably require to provide the Services and in a reasonable time frame. Ensure that the information is accurate. vi. Test the equipment on a monthly basis. vii. When testing the equipment, notify the respondent at the monitoring centre that it is only a test call as quickly as possible to prevent false alarms. viii. Let us know as soon as possible if the equipment is not working. ix. Let us know of any changes in: a. your contact details b. your medical history c. the identity of a key holder d. the contact details of a key holder e. any key safe access code x. Let us know in advance of any periods when you or a key holder are away from home and not be contactable. xi. Wear the pendant alarm button at all times when in the working range of the equipment. xii. Not sell, dispose of, or part with possession of the equipment (where rented). xiii. Maintain suitable insurance to cover the value of the equipment (where rented). xiv. Allow us access to your property to carry out any maintenance required. Our maintenance sub-contractors will always provide identification before entering your property but if you are unsure about anyone who presents themselves at your door, please contact us by pressing your pendant alarm button. xv. Not use the Services or equipment for any commercial purpose (unless agreed otherwise in writing by us). 6. Pricing and payment i. Where a set-up fee is applicable, this will paid up-front. Any set-up fee would be a one-off payment. ii. Where a monthly or annual fee is payable, you will complete the appropriate direct debit information via our online direct debit platform. Direct debits will be taken on the 1st of the month. Your first payment may be higher or lower than the agreed monthly fee to reflect the day of the month you purchase the Services. iii. Where equipment is rented and/or monitoring services are purchased, the minimum term is 12 months. You can cancel after 12 months by giving 30 days’ notice in writing. iv. Following the expiry of the 12 month minimum term, we reserve our rights to increase our monthly fee. We will provide you notice in writing. v. We reserve the right to amend our pricing based on: a. your request for an amendment to the Services being provided. b. your failure to comply with your obligations under this agreement that results in additional costs to us. vi. Late payments may be subject to an additional interest charge of 4% per year above the Reserve Bank Rate. This interest shall accrue on a daily basis from the due date until the date of actual payment. You must pay us interest together with any overdue amount. vii. We reserve the right to cancel the Services if you do not pay us on time. We further reserve our rights over any other remedies that we may have. 7. Use of rented equipment Where you are renting equipment you agree to the following: i. We permit you to use the equipment for the duration of the agreement only. The equipment will at all times remain our property and you shall have no right to the equipment other than the right of possession and use (in line with this agreement). ii. You will treat the equipment with utmost care. iii. On termination of the agreement for any reason, you shall: a) promptly and thoroughly clean the equipment; and b) return the equipment to us by recorded post and in good working order within 10 working days of the date of termination. iv. Upon receipt of the returned Equipment, we will inspect the equipment for damage (other than fair wear and tear) and we reserve the right to charge reasonable additional sums for any such damage that has occurred. 8. Use of the monitoring service i. You acknowledge that each time you activate the personal alarm service, for whatever reason including any malfunction of the equipment, your telephone provider will charge you for such calls in accordance with their terms and conditions. We accept no liability for the cost of any calls. ii. In the event that the personal alarm service is activated and either: a) we cannot make contact with you, or b) we cannot contact a key holder who can attend your property, or c) you do not have a key safe or have not given us the access code That we will not be responsible for any damage caused to your property by the emergency services to gain access to your property. 9. Installation & demonstration i. If you have selected to have your alarm or key safe equipment installed by us (selected equipment only) then we will arrange for one of our sub-contractors to install and demonstrate it at a mutually agreed time ii. For alarm equipment installation you confirm that you have a power socket within 3 metres of the telephone socket, and that it is on the same wall iii. Cancellation requests are to be with us before 1.00pm the day before installation. iv. All cancellations received on the day before installation before 1.00pm will NOT incur a charge v. All cancellations received on the day before installation after 1.00pm will still incur the FULL charge vi. At the time of the installation you will have the opportunity to inspect the equipment. Acceptance of the equipment will be deemed to be evidence that the equipment is in good condition vii. If we are installing equipment then we will make good any damage caused by us during the installation. We are not responsible for the cost of repairing any existing faults or damage to your property that we discover in the course of installation viii. If we are not installing the equipment then we will not be liable for any damage to property or equipment, or subsequent losses, direct or indirect, resulting from your failure to install the equipment in accordance with the instructions 10. Cancellation i. You can cancel your order within 7 days of delivery of the equipment by notifying us in writing ii. In the event that you cancel, you are responsible for the cost of returning any equipment. You are also responsible for the equipment until it is received by us iii. We will refund you any sum paid (minus our postage and packaging costs) within 14 days of receiving the equipment back iv. We reserve the right to refuse a refund or offer a partial refund if you return the equipment incomplete, damaged or more than 14 days after we received your notice of cancellation v. Any Services used will be deducted on a pro-rata basis 11. Warranty for Services i. We warrant that on delivery of any equipment that you have purchased outright that it will be covered by a warranty for 12 months. In the unlikely event that the equipment has or develops a fault in the warranty period then you will notify us as soon as possible and, at our absolute discretion, we will either repair or replace it. Repairs will only be considered if the equipment is sent back to us. We will bear the cost of all postage for faulty equipment purchased. ii. We warrant that on delivery of any rented equipment that the goods will be free from defect and fit for the purpose we intend it to be used for. This will apply for the duration of the agreement. In the unlikely event that the equipment has or develops a fault then we will, at our absolute discretion, either arrange for a maintenance visit or replace the equipment. We will use every effort to resolve the issue as soon as possible. iii. There is no warranty for any damage caused to the equipment arising from fair wear and tear, willful damage, accident, negligence by you or any third party or use of the equipment by you in a way that is not recommended in the user guide or manufacturer’s instructions. We reserve the right to charge you for any repairs or maintenance that are as a result of your, or a third parties, actions. 12. Limitation of liability i. Nothing in these terms and conditions are intended to exclude our liability where we are not allowed to do so by law ii. We will only be liable for the reasonable and foreseeable losses you may suffer or incur as a result of our breach of this agreement. These losses will be limited to a sum equal to the aggregate of all payments made to us by you iii. We will not be liable for any losses, to you or any third party, under breach of contract, statute, common law, torts, misrepresentation or custom that relate to a loss of income, revenue, profit, business, anticipated savings or data iv. Where there has been an obvious pricing error on our part, we are not obliged to sell at the incorrect price. As soon as we become aware of the pricing error we will let you know and advise you of the correct pricing. You will have the option to cancel without any penalty. v. We are not liable for any delay or non-performance of the Services due to your failure to provide the necessary information for us to provide the Services. This applies both at the outset of the agreement and throughout its duration vi. We will not be liable for any costs, interruptions to the Services or maintenance fees payable as a result of you changing your telephone/internet provider and that affecting your Service 13. Events outside of our control We will not be liable for any delayed performance of, or a failure to perform, any of our obligations under this agreement as a result of event outside of our control. Events outside of our control are commonly known as a ‘Force Majeure Event’. Force Majeure Events include (but are not limited to): i. acts of God ii. unavoidable casualty, iii. delays in delivery of materials, iv. embargoes, v. government orders, vi. acts of civil or military authorities, vii. acts by common carriers, emergency conditions (including weather conditions) incompatible with safety or good quality workmanship, or viii. any similar unforeseen event that renders performance commercially implausible. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under this agreement can be performed despite the Force Majeure Event. 14. Intellectual property We retain the rights to all copyright, design and all other intellectual property rights in any and all equipment, documentation, marketing literature or similar that we provide to you in connection with the Services. You may not use anything listed in this clause for any commercial purpose 15. Assignment You may not transfer any of your rights or obligations under this agreement to another person without our prior written consent, which will not be unreasonably withheld. We can transfer all or any of our rights and obligations under this agreement to another organisation, but this will not affect your rights under this agreement. 16. Data protection and your personal information We only use your personal information in accordance with our Privacy Policy. You can read this at www.personalalarms.org/privacy-policy 17. Complaints If you have any complaints about our Service please contact us at Bora Health Pty Ltd – PO Box 444, Paradise Point QLD 4216 or at info@personalalarms.net.au 18. General Conditions i. If any provision of this agreement is deemed to be invalid, unlawful or unenforceable to any extent by a competent authority then the remaining terms and conditions will continue to be valid to the fullest extent permitted by law. ii. Failure to exercise our rights or remedies under this agreement does not constitute a waiver of said rights or remedies. Any waiver is only valid if it is given expressly in writing. iii. A person who is not a party to this agreement shall have no rights under or in connection with them under the Contracts. iv. You agree that this agreement is governed by Australian law and that the Australian courts have exclusive jurisdiction.