Parties and agreement
USER: (Person/s using the MEDICAL ALARM -SYSTEMS)
LIVELIFE ALARMS LLC: (Supplier of the LIVELIFE MOBILE ALARM PENDANT device) of 600 S 500 W Bountiful Utah 84010.
The parties hereto agree that:
1. 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 neighbor/s so they can quickly arrange someone to come to the USER’S aid. 911 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.
2. Limitations of device: Mobile network coverage disclaimer
The USER understands the actual mobile alarm connection depends on where they are in relation to the available 3G (WCDMA) mobile network coverage. USERS should be aware that LIVELIFE ALARMS uses mobile coverage maps to check on available 3G 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 areas 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.
If 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. LIVELIFE ALARMS does not guarantee that the device can connect to the mobile network at all times, or that a help SMS or help call will be received by every emergency contact at all times or within a short time frame.
3. Limitations of device: GPS Functions disclaimer
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 device uses the built in GPS technology to fix the location of the device with an accuracy of 2.7 yards. In order for the GPS functions to work it requires a line-of-sight connection to satellites in the sky. For the device to receive the signal it needs to be pointed to the sky. It normally takes up to 10 minutes to receive it’s first fix (TFFF) and work out the co-ordinates of it’s exact location.
In the event that the pendant cannot receive the GPS signal it will provide it’s last known position only in a help SMS. The device does not use a ‘triangulation method’ when a current GPS fix is not available. The device checks for an updated GPS location when the device detects movement in accordance with the default, power saving mode and therefore LIVELIFE ALARMS cannot guarantee that the device knows the current GPS location at all times, i.e. When the help button is activated or a ‘loc’ request is sent to it via SMS.
Underground carparks, lifts, concrete buildings, tunnels and other constructions can block the signal from satellites to the pendant. It is possible that if a wearer of the pendant is in a location where there is no GPS signal that there may also be no 3G mobile signal meaning the functions of the device will not operate till the wearer moves to an unobstructed location.
4. Limitation of prepaid credit being available
The USER understands that the device has a SIM card installed that requires an amount of either pre-paid or post credit to be available for it to perform it’s SMS alarm functions, it’s GPS location functions, it’s voice call functions and it’s SMS reply and command functions. It is the responsibility of the USER to regularly check that there is enough credit for outgoing SMS’s and voice calls to function. LIVELIFE ALARMS does not take responsibility for the checking or recharging of credit at any time. The USER is provided with the mobile network provider’s details and a login to check on their credit and understands that LIVELIFE ALARMS does not permanently store these login details.
The USER understands that the cost of recharging credit can change from time to time after the time of purchase and that the USER should make themselves aware of changes to prepaid and postpaid credit plans as well as the SMS and voice call rates under those plans.
5. Limitation of liability
The parties agree that the device is not designed or guaranteed to prevent any loss or injury.
If, notwithstanding the terms of this agreement, there should arise any liability on the part of LIVE LIFE ALARMS as a result of any cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by LIVE LIFE ALARMS’s negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to the sum of $495.00 for the supply of the device.
LIVE LIFE ALARMS cannot guarantee in any way that the device will prevent accidents, death or personal injury to the USER or others, property damage, illegal entry or undue delay in any emergency service response from occurring and is not liable in any manner for any loss or damage resulting there from.
LIVE LIFE ALARMS is not responsible or liable for any injury, loss or damage caused by persons responding, failing to respond, or failing to respond promptly to USER’S home or other location. LIVE LIFE ALARMS is not responsible or liable for any injury, loss or damage caused in whole or in part by damage to the device while in your possession, improper installation, unreasonable use or abuse of the device, failure to provide proper maintenance or to follow the written instructions provided or failure to regularly test the device.
6. Return/Refund policy
LIVELIFE ALARMS publishes it returns/refund policy on its website and the USER agrees that this policy was available at the time of purchase. This policy limits the refund amount payable under our ’14 days Guarantee’ to cover LIVELIFE ALARMS’S cost of postage, supply of pre-paid credit, a SIM card and programming.
7. Delivery of these terms and conditions
The USER acknowledges that these terms and conditions and incorporated documents were made available to the USER online via LIVELIFE ALARMS’S website and were delivered to the USER’S address by USPS along with the device, it’s packaging and printed instructions for the installation and use of the device.
8. Conflicting documents
Should there arise any conflict between this agreement and USER’S purchase order or other document, this agreement will govern, whether such purchase order or document is prior to or subsequent to this agreement.
9. Full agreement / Severability
This agreement constitutes the full understanding of the parties and may not be amended, modified or cancelled, except in writing signed by both parties. The USER acknowledges and represents that the USER has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set forth in this agreement and waives any claims in connection with same. Should any provision of this agreement be deemed void, all other provisions will remain in effect.
10. Legal action
The USER submits to the jurisdiction and laws of Utah, USA and agrees that any litigation or arbitration between the parties must be commenced and maintained in Utah, USA. Service of process or papers in any legal proceeding or arbitration between the parties may be made by Express Mail delivered by USPS addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service.
LIVE LIFE ALARMS POSTAL ADDRESS: 600 S 500 W Bountiful Utah 84010
The USER understands that instead of suing or being sued in court, the parties may have their dispute determined by mediation or arbitration.
11. Governing law
This Agreement shall be governed by the laws of the State of Utah of USA.