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Terms of Services

This page explains the basic terms for using the website and purchasing or using the Falls Watch. It also includes important information about product use and limitations.

Overview

By visiting the website or buying a product, you agree to follow the terms and conditions described here. These terms apply to all users of the site, including visitors, customers, partners, and anyone who interacts with the website or services.

If you do not agree with these terms, you should not use the website or purchase products from it. The website store is hosted on Shopify, which provides the online platform that allows products and services to be sold.

Section 1: Online Store Terms

By using this website, you confirm that you are at least the legal age in your state or region, or that you have permission from a parent or guardian to use the website.

You must not send viruses, harmful code, or anything that may damage the website or services. Breaking any of these rules may result in the suspension or termination of your access to the service.

Section 2: General Conditions

Service may be refused to anyone at any time if important. Some information you provide on the website may be transferred across different networks in order to operate the service. You may not copy, sell, reproduce, or use any part of the website or services without written permission.

Section 3: Accuracy of Information

Information on the website is provided for general information only. While efforts are made to keep it accurate and updated, it may sometimes contain mistakes or outdated details. You should not rely only on this website when making important decisions.

Section 4: Changes to Services or Prices

Product prices may change without notice. Services or parts of the website may be modified, paused, or stopped at any time. There is no responsibility for any loss or inconvenience caused by changes to prices or services.

Section 5: Products or Services

Returns or exchanges are handled according to the Refund Policy. Images and colours shown on the website may appear different depending on your screen or device. Product descriptions, availability, and prices may change at any time.

Section 6: Billing and Account Information

We reserve the right to refuse or cancel any order placed through Falls Watch at our discretion. Restrictions may apply to orders made under the same account, credit card, billing address, or shipping address. If an order is changed or cancelled, we may attempt to notify you using the contact details provided at the time of purchase.

You agree to provide accurate, complete, and up-to-date purchase and account information for all orders made through our store.

Section 7: Optional Tools

The website may provide access to tools from third-party providers. These tools are offered without guarantees or responsibility for how they work.

Using third-party tools is your own choice and responsibility. New tools or features added to the website will also follow these Terms of Service.

Section 8: Third-Party Links

Some content, products, or services available through this website may come from third parties. Links on this site may take you to external websites that are not controlled or operated by Falls Watch. We do not review or guarantee the accuracy, content, or services provided by these third-party sites.

Falls Watch is not responsible for any loss, damage, or problems that may happen from using products, services, or information from third-party websites.

Section 9: User Comments and Feedback

If you send us submissions such as contest entries, ideas, suggestions, proposals, or other materials (“comments”) through email, online forms, mail, or other methods, you agree that Falls Watch may use them without restriction. We may monitor, edit, or remove any content that we believe is unlawful, offensive, defamatory, obscene, or in violation of intellectual property rights or these Terms of Service.

By submitting comments, you confirm that they do not violate any third-party rights, including copyright, trademark, privacy, or other legal rights. Your comments must not contain unlawful, abusive, or harmful material, including viruses or malware that could disrupt the Service or related websites.

Section 10: Personal Information

Any personal information you provide through the website is handled according to the Privacy Policy.

Section 11: Errors and Inaccuracies

Our website or Service may sometimes contain typographical errors, inaccuracies, or missing information related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability. We reserve the right to correct such errors, update information, or cancel orders if any information is found to be inaccurate at any time, even after an order has been placed, without prior notice.

We are not obligated to update, revise, or clarify information on the Service or any related website, including pricing details, unless required by law.

Section 12: Prohibited Uses

Any form of harassment, abuse, insults, threats, defamation, or discrimination based on gender, sexual orientation, religion, caste, race, age, nationality, or disability is not allowed. So, any attempt to bypass security features or disrupt the service may result in suspension or termination of access.

Section 13: Disclaimer of Warranties and Limitation of Liability

The service and products are provided “as available” and “as is.” We do not guarantee the service will always be uninterrupted, secure, or error-free, and we cannot promise that results or information will always be accurate or reliable.

Falls Watch and its partners are not responsible for any loss, damage, injury, lost data, or financial loss related to using the service or products.

 

Section 14: Indemnification

You agree to protect and hold Falls Watch and its partners, employees, and service providers harmless from any claims, demands, damages, or legal costs made by a third party because of your use of the website or services.

Moreover, it includes situations where you break these Terms of Service, misuse the service, or violate any law or the rights of another person or organisation. If a claim arises because of your actions, you agree to take responsibility for it and cover any reasonable costs connected to the claim.

Section 15: Severability

If any section of these Terms of Service is found to be unlawful, invalid, or unenforceable by a court or legal authority, that section will be removed or limited only to the extent necessary.

So, it means that even if one part of the agreement cannot be applied, the remaining sections will still apply and continue to govern the use of the website, products, and services without affecting the overall purpose of the agreement.

Section 16: Termination

These Terms of Service remain in effect unless they are ended by either you or us. You may stop using the website or services at any time if you no longer agree with these terms.

If termination occurs, any obligations, payments, or responsibilities that existed before the termination will still remain in place and continue to apply even after the service has ended.

Section 17: Entire Agreement

These Terms of Service, along with any policies or rules published on the website, represent the full agreement between you and Falls Watch regarding the use of the website, services, and products. They replace any previous discussions, agreements, or communications, whether written or spoken.

If any right or rule in these terms is not enforced at a certain time, it does not mean that the right has been violated.

Section 18: Governing Law

These terms and any services provided through the website are governed by the laws of Australia.

Section 19: Changes to Terms of Service

These terms may be updated or changed from time to time. The latest version will always be available on this page.

Continuing to use the website after changes are posted means you accept the updated terms.

Section 20: Contact Information

If you have questions about these Terms of Service, you can contact support.

Trading Name: Falls Watch
email: terry@fallswatch.com.au

Product Disclaimer

Acceptance of Terms

By purchasing the Falls Watch (referred to as “the Product”), you agree to the terms and conditions in this disclaimer. Please review this information carefully before using the device.

Consumer Guarantees

  • General Disclaimer: Some features of the Product, such as battery life, health sensor readings, fall detection, and the ability to make or receive emergency calls, may be affected by personal settings, the surrounding environment, network signal strength, and other outside factors.
  • Australian Consumer Law: Our products include guarantees that cannot be excluded under Australian Consumer Law. If the Product has a major failure, you may be entitled to a replacement or refund, as well as compensation for any reasonably foreseeable loss or damage.

Emergency Features

  • Emergency Call Function (SOS Button): The Product includes an emergency call feature that is activated by pressing the SOS button. This function depends on factors such as battery power, network signal, and environmental conditions.
  • Alerting People in an Emergency Situation: It sends alerts to family members, friends, carers, or neighbours chosen by the user so they can arrange help. Emergency services can also be added as a contact, but using the device does not guarantee that help will arrive within a certain time.

Mobile Network Coverage Disclaimer:

The device relies on available 4G mobile network coverage. When processing orders, coverage maps may be used to check whether 4G coverage is expected in the user’s area.

Coverage may be affected by buildings, underground areas, tunnels, basements, lifts, concrete structures, hills, mountains, trees, or other obstacles. Falls Watch is not responsible for indirect losses or claims related to these limitations.

Fall Detection and Automatic Calling:

The Product includes fall detection technology that is designed to detect serious falls and automatically call for help. However, this feature is not perfect. Some falls may not be detected, for example if the wearer braces themselves or if the fall occurs in a way that the sensors cannot recognise.

GPS Tracking and Positioning:

The GPS feature can usually locate the watch within about two metres, but it requires a clear line of sight to satellites in the sky. In some cases, it may take several seconds, or even up to ten minutes, for the watch to receive a signal and determine its location.

If a GPS signal cannot be received, the device may attempt to estimate location using nearby Wi-Fi signals, especially in cities, suburbs, or large towns. In situations where GPS cannot connect, the device may display the Wi-Fi location instead.

Health Monitoring Features

The Product may include health monitoring tools such as heart rate, body temperature, blood oxygen, and blood pressure readings. By using these features, you understand and agree to the following:

  • Not Medical Devices: These features are not medical devices and are not intended to replace professional medical advice, diagnosis, or treatment.
  • Accuracy and Use: The readings may not always be perfectly accurate. They should only be used as general information and not for making medical decisions.

No Health Monitoring or Prevention:

The Product is not designed to monitor, diagnose, treat, or prevent any disease or medical condition.

Exclusions and Limitations

  • Wear and Tear: Normal wear and tear, misuse, accidental damage, or damage caused by neglect is not covered.
  • Modifications: If the Product is modified, repaired, or altered by someone who is not authorised, the warranty may be void.

General Limitations and Liability

  • Technology Limitations: All technology has limits. There may be times when the Product does not work as expected because of environmental conditions, user error, maintenance issues, or other factors.
  • No Guarantees: While the Product is designed to be reliable, it cannot be guaranteed to work perfectly in every situation.
  • Limitation of Liability: Falls Watch will not be responsible for any direct or indirect loss, damage, or costs that result from using or being unable to use the product.

Additional Notice

The fall detection feature may not recognise all types of falls, such as slow or soft falls. Health readings such as heart rate, blood pressure, temperature, and blood oxygen are meant only as general guides. If you feel unwell or unsure about your health, you should contact a qualified healthcare professional. Falls Watch cannot be responsible for incorrect readings or missed medical events.

Agreement

By purchasing this product, you confirm that you have read, understood, and accepted the terms in this disclaimer. You also acknowledge the limitations of the Product and agree to use it at your own risk.

Premium 24/7 Emergency Response Centre Service Agreement

1. Introduction

Our Service Agreement (“Agreement”) explains the terms for the Falls Watch Premium 24/7 Emergency Response Centre plan (“Service”). By buying or using this Service, you (“Customer”) confirm that you have read, understood, and agreed to these terms and conditions.

2. Service Description

a. The Service includes setting up your Falls Watch so it can contact our call centre during an emergency, such as when the SOS button is pressed or when fall detection is triggered.

b. The Service also provides access to a 24/7 Emergency Response Centre, GPS location tracking, and two-way calling so you can speak directly with the response team.

3. Health Metrics and Fall Detection

a. The Falls Watch device is designed to help users stay independent and give peace of mind to family members, but it has some limits.

b. The fall detection feature may not detect every fall, especially softer or slower falls.

c. If you or someone using the device feels unwell or unsure about their health, a healthcare professional should be contacted.

4. Consumer Guarantees

a. Our products come with guarantees that cannot be excluded under Australian Consumer Law.

b. If the product has a major fault, you may be entitled to a replacement or refund and compensation for any reasonable loss or damage.

5. Emergency Features

a. The emergency call feature (SOS button) depends on factors such as battery level, signal strength, and the surrounding environment.

b. Because of these factors, there is no guarantee that an emergency call will always connect or be received.

6. Mobile Network Coverage Disclaimer

a. The device works using available 4G mobile network coverage.

b. Coverage maps may be used to check service in your area during order processing, but these maps are only estimates and may not always be accurate.

7. General Limitations and Liability

a. Technology is not perfect, and we cannot guarantee that the device or service will work perfectly in every situation.

b. Falls Watch will not be responsible for any direct or indirect loss, damage, or costs caused by using or being unable to use the Product or Service.

c. In any case, our total responsibility will not be more than the amount you paid for the Service.

8. Call Centre Outage

a. In rare situations, major events such as power failures, network outages, or other unexpected problems may cause the call centre to stop working temporarily.

b. During these events, incoming calls or messages may not be answered, and emergency assistance may not be available.

9. Indemnification

You agree to protect and hold harmless Falls Watch, including its staff, partners, and representatives, from any claims, damages, or legal actions that may happen because of your use of the Service.

10. Governing Law

Our Agreement is governed by the laws of Australia. Any disputes related to this Agreement will be handled through binding arbitration according to the rules of the Australian Centre for International Commercial Arbitration.

11. Entire Agreement

This Agreement represents the complete understanding between you and Falls Watch. It replaces any previous agreements or discussions related to the service.

12. Amendments

We may update or change this Agreement at any time without prior notice. If you continue using the Service after changes are made, it means you accept the updated terms.

13. Assignment

You cannot transfer or assign your rights or responsibilities under this Agreement to another person without our written permission.

14. Termination

Either you or Falls Watch can end our agreement at any time by giving written notice. When the Agreement ends, you must stop using the Service, and any unpaid fees must be paid immediately.

15. Dispute Resolution

Any dispute related to this Agreement will be resolved through binding arbitration following the rules of the Australian Centre for International Commercial Arbitration.