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Terms & Conditions – Emergency Alert Device

Website use – Using this website is conditional upon your acceptance and compliance with the Terms & Conditions set out below. By using this website, you are agreeing to our Terms and Conditions. Mobile Alert reserves the right to amend the Terms and Conditions at any time and without notice to you. If you use this website after any change we make, you are responsible to abide by the Terms and Conditions accordingly.

Product Availability – If we happen to be out of stock of an item you have ordered online, you will be notified and you may (a) request a different model, (b) wait for new stock to become available, or (c) request a full refund.

Prices – The cost of any Mobile Alert model includes SIM card activation (not necessarily the SIM card), programming, and postage. The displayed price includes GST (if applicable). You are responsible for any taxes, duties or other liabilities imposed by any governmental agency for any product(s) you order from this website.

Delivery – We endeavor to post your order within 24-48 hours after you provide us with the information needed to activate your SIM card and program your unit.

Website Disclaimer – The information on this Mobile Alert website is provided in good faith on an “as is” basis. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our website. We do not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website. You must not rely on the information within this website as an alternative to medical advice from your doctor or other health services provider. If our website does not satisfy the laws of a country (outside Australia), then residents of that country should not use our website.

Product Disclaimer – The Mobile Alert is designed for communication and GPS tracking. Mobile Alert and/or its distributors assumes no responsibility for the accuracy, reliability, or completeness of the information of its products or services, whether expressed or implied. You are responsible for assuring that your product performs as expected when you receive your item(s). Users of a pacemaker should not wear the Mobile Alert on a lanyard. To the maximum extent permissible by applicable law, Mobile Alert and/or its distributors shall in no event be liable for any direct, indirect, punitive, personal injury or death, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use arising out of or in any way connected with the use or performance of the Mobile Alert and/or the phone service providers used in conjunction with the Mobile Alert. If you are dissatisfied with the Mobile Alert and/or any related services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Mobile Alert.

Indemnity – The person using the Mobile Alert unit indemnifies all representatives and distributors of the Mobile Alert from and against all claims, lawsuits, including legal fees, and losses asserted against and alleged to be caused by the Mobile Alert. This includes any and all claims for contributory liability and/or subrogation. Indemnification and subrogation rights extends to include any and all third party beneficiaries of the Mobile Alert user. The product is not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any jurisdiction or country that would subject Mobile Alert or its licensees or affiliates to any registration requirement within such jurisdiction or country. The services and content are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. Mobile Alert shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorised activities of third parties.

Product Limitations – This Mobile Alert is reliant on the cell phone service provider’s network coverage to make phone calls, to send SMS text messages and to transmit information regarding GPS positioning. These services may vary between providers and locations throughout the world. GPS location is often not available when the Mobile Alert is inside a building. Also, outdoor location performance can sometimes deliver inaccurate coordinates if the device is unable to get a fix on a minimum number of satellites. The accuracy of GPS positioning is determined by the availability of unobstructed line of sight to the available satellites. It is not a life saving device and cannot provide a guaranteed level of performance beyond what can be expected from technology of this kind. It can only perform as it should when correctly operated. If it does not call or text when it’s supposed to, get help with an alternate method. It is highly recommended that the user periodically test their unit every 1-3 months by pressing the SOS button. Warn contacts first. It is the user’s responsibility to assure that their phone service provider is notified before their credit or debit card expires or if credit needs to be added to the SIM card used in their Mobile Alert. Your emergency contacts should be people who are available to assist you. Choose contacts carefully.

Liability Limitation – Should any liability arise due to actions by Mobile Alert representatives, regardless of whether or not any loss, damage, or injury was caused or contributed by Mobile Alert’s negligence, such liability will not exceed the amount of $397. Mobile Alert representatives and its distributors make no assertions or assurances that its products will work at all times, nor are any Mobile Alert products designed to prevent injury(s) or loss. Mobile Alert is not responsible or liable for any injury, loss or damage caused by anyone responding or failing to respond to the user’s call for help. Mobile Alert representatives are not responsible or liable for any injury, loss or damage for the user’s failure to follow the instructions contained in the Mobile Alert user guide or owner’s manual, or for failure to recharge the Mobile Alert. To the fullest extent permissible by law , Mobile Alert shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any indirect, consequential, special, incidental, punitive, or exemplary damages or losses, arising out of your use or inability to use the product, including but not limited to interruptions or delays in transmission, regardless of the type of claim or the nature of the cause of action, even if Mobile Alert has been advised of the possibility of damage or loss. To the fullest extent permissible by law, Mobile Alert’s maximum aggregate liability shall not exceed the amount that you have paid for the goods to which the liability relates. To the fullest extent permissible by law, if you are dissatisfied with the product, fulfilment of any order, do not agree with any part of this agreement or have any other dispute or claim with or against mobile Alert, your sole and exclusive remedy is to discontinue using the product. Mobile Alert accepts no responsibility for any Electro Magnetic Pulse (EMP) that may or may not be generated by phone service providers regardless of whether such EMP damages or disables the user’s Mobile Alert device. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the extent applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, the foregoing limitation may not apply to you. Except in the case of Mobile Alert’s wilful misconduct or fraud, you understand and expressly agree that your use of the Mobile Alert product is at your sole risk and that to the extent permitted by law, you will be solely responsible for any damage to you, your property or any third party or their property arising from use of the product. Mobile Alert shall not be responsible for shipping or fulfilment delays, the cancellation of any transaction or the unavailability of any product.

Website Links – The Mobile Alert website includes links to other websites that are not controlled by Mobile Alert. We are not responsible for the accuracy of information on those linked sites.

Copyright – Mobile Alert is the copyright owner of its website contents. No part of this website may be reproduced without a Mobile Alert representative’s permission.

– Terms & Conditions Last Updated: 8 May 2017