Parties and agreement
USER: (Person/s using the MEDICAL ALARM SYSTEM)
LIVE LIFE ALARMS, INC.: (Supplier of the LIVELIFE MOBILE ALARM PENDANT device) of 106-7710 5 St SE, Calgary, AB T2H 2L9.
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 4GX, 4G or 3G mobile network coverage. USERS should be aware that LIVELIFE ALARMS uses mobile coverage maps to check on available 4GX, 4G or 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 text 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 text 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 metres. 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 Bluetooth or wifi position (4GX) or its last known position only in a help text (3G). 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 text.
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 4GX, 4G or 3G mobile signal meaning the functions of the device will not operate till the wearer moves to an unobstructed location.
4. Limitation of unlimited emergency calls and texts being available
The USER understands that the device has a SIM card installed that must be used in accordance with our Fair Use Policy and requires a small annual fee of $45 for it to perform it’s text alarm functions, it’s GPS location functions, it’s voice call functions and it’s text reply and command functions. It is the responsibility of the USER to pay this annual fee of $45 for outgoing text’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 annual reminders via email, text and letter. If the USER doesn’t pay the $45 annual fee within two months of it being due then they should not rely on the device to work as advertised.
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 the LIVE LIFE ALARMS unlimited emergency text and voice call rates.
5. Fair use policy
Yearly recharge of your SIM card
We have allocated the first 12 months of credit to your SIM card. You will need to recharge at 12 months with $45.00 of credit and after each 12 month period. You do not need to check your credit. We will contact you every 12 months with instructions on how to recharge.
Emergency usage policy (’Fair Use’)
The LiveLife Mobile Alarm is designed to be used in an emergency and not like a communication device such as a mobile phone. Your device comes under our ‘Fair Use Policy’ which means it is to be used for help in emergency situations.
Excessive use advice
We have allocated a fair and adequate amount of voice and data to your device based on average usage patterns of thousands of customers. Voice and text usage for every device is monitored by LiveLife Alarms. Customers using the device’s ‘Side talk button’ or the ‘Location text function’ heavily will be contacted to discuss usage options. We reserve the right to apply further charges for excess use or discuss the option to move the SIM card into your name if you wish to use the ‘Side talk button’ and the ‘Location text function’ frequently. We also reserve the right to disable these two functions if used excessively (we would not do this before discussing with you).
6. 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.
7. 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.
8. 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 Canada Post along with the device, it’s packaging and printed instructions for the installation and use of the device.
9. 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.
10. 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.
11. Legal action
The USER submits to the jurisdiction and laws of Alberta, Canada and agrees that any litigation or arbitration between the parties must be commenced and maintained in Alberta, Canada. Service of process or papers in any legal proceeding or arbitration between the parties may be made by Xpresspost delivered by Canada Post 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: 106-7710 5 St SE, Calgary, AB T2H 2L9.
The USER understands that instead of suing or being sued in court, the parties may have their dispute determined by mediation or arbitration.
12. Governing law
This Agreement shall be governed by the laws of Alberta, Canada.