Terms and Conditions
Parties and agreement
USER: (Person/s using the MEDI ALARM SOS ALARM)
MEDI ALARM: ABN 15625031478: (Supplier of the MEDI ALARM SOS ALARM device) of Unit 2, 9 Shepherd Court, North Geelong VIC 3215
The parties hereto agree that
1. Using this website
1.1. By using this website, you are accepting all the terms of this disclaimer notice. You agree to periodically return to the website to check for any updated information. If you do not agree with anything in this notice you should not use this website.
2. Liability and Warranties
2.1. While every effort is made to ensure that the content of this website is accurate, the website and anything in any communication with Medi Alarm in any way is provided “as is” and Medi Alarm makes no representations or warranties in relation to the accuracy or completeness of the information found on it or in any communications. While the content of this site and anything from any communication is provided in good faith, we do not warrant that the information is or will be kept up to date, be true and not misleading, or that this site will always be available for use.
2.2. Nothing on this website or in any communication should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of this site or in any communication in any way with Medi Alarm.
2.3. In no event will Medi Alarm be liable for any incidental, indirect, consequential or damages of any kind, or any damages whatsoever. This includes any third-party providers such as network providers changing their level of service or delivery manner.
2.4. You/the purchaser/end user, agree to and shall indemnify and hold harmless Medi Alarm, its owners, its employees, agents and subcontractors, from and against all claims, lawsuits, including legal fees, and losses asserted against and alleged to be caused by any products performance, negligent performance, supplied products or failure to perform its obligations under this agreement. There are no third-party beneficiaries of this contract.
2.5. Medi Alarm does not represent nor warrant that any products will prevent any loss, damage or injury, or that our products will in all cases provide the protection for which it is installed or intended.
2.6. Medi Alarms products are designed to reduce certain risks of loss, though Medi Alarm does not guarantee that no loss, of any kind, will occur.
2.7. Medi Alarm shall not be liable to anyone/body/entity for any loss or injury sustained as a result of any cause whatsoever in any way or circumstance.
2.8. If there should arise any liability on the part of Medi Alarm as a result of any cause whatsoever, such liability will be limited to the price paid for the supplied product or where there is no purchase, $100.00
2.9. By virtue of obtaining/purchasing a product from the Medi Alarm website, it is agreed that any person doing so or third party involved with the supply/use of a Medi Alarm product, will have had the opportunity to have read this disclaimer before purchase.
2.10. You must not rely on the information within this website as an alternative to medical advice from your doctor or other health services provides.
2.11. If you have any specific questions about any emergency plan, medical or health matters you should consult your doctor or other professional health services provider or personal carer.
2.12. You should never delay seeking medical advice, disregard medical advice, or commence or discontinue any medical treatment because of information within this ‘manual’.
3. Warranty – 12 Months
3.1. Medi Alarm products come with warranty that cannot be excluded under the Australian/State Consumer Law. You are entitled to a replacement or refund for a major defect. If any defect is minor, we may elect repair the product or replaced if the product fails to be of acceptable quality.
3.2. Things that may void warranty:
a) The product has been opened or tampered with or modified.
b) Physical damage including moisture damage (including leaking batteries.)
c) Excessive heat.
d) Use of an incorrect power adapter.
e) Power surge.
4. Refunds & Return Policy
4.1. MEDI ALARM publishes its Refunds & Return Policy on its website and the USER agrees that this policy was available to read at the time of purchase. This policy limits the amount to refund under our 14-Day Guarantee
5. 14 Day Money Back Guarantee, excludes activation cost.
5.1. If you return the Mobile Alarm in its original condition within the 14-day refund period we will refund the purchase amount less $90 for Packing/Handling Fees.
5.2. We reserve the right to charge $90.00 for Packing/Handling Fees to cover:
• $45.00 for SIM card activation and credit
• $30.00 for transaction fees, programming and administration fees
• $15.00 for postage/packing fees
6. Medi Alarm Landline – SOS Alarm:
6.1. The Medi Alarm Landline for home use has battery backup within the base unit. However, if you are using the Medi Alarm connected to a phone line that is enabled by the NBN, be aware that if your NBN is not working, the Medi Alarm unit will not be working either as it requires an active phone line in order for its operation.
7. Medi Alarm 3G – Fall Detector, SOS Alarm
7.1. The 3G Fall Detector SOS Medi Alarm Device requires both a GPS and 3G signal for full featured operation. The unit is still capable of functioning as an emergency SOS/Alarm device if you do not have GPS signal and still have 3G signal (features are limited, but direct contact with a carer is possible via ‘talk’ over 3G).
7.2. The unit has inbuilt Fall Detection. This has a variety of levels the unit can be set to. We select a common/mid range setting that appears to work very well for our customers. Your circumstances may be different and you may want to have to unit changed to a more or less sensitive setting.
7.3. If a fall is detected, the device will vibrate to notify the user that it is about to send an alert to the pre-programmed telephone numbers. The user can press the SOS button to cancel if they wish.
7.4. The device registers a ‘fall’ by use of an accelerometer looking for a change in angle and a level of ‘G’ force that an algorithm then uses to activate the feature. The unit is designed to detect a typical fall. Falls that occur where the user may slide slowly down a wall to the ground may or may not register with the unit. There are numerous events and conditions that could prevent the device from operating as expected.
8. Medi Alarm PRO 4G – Fall Detector, SOS Alarm
8.1. The Medi Alarm PRO 4G requires a GPS and 3G/4G or 4GX signal for full featured operation. The unit is still capable of functioning as an emergency SOS/Alarm device if you do not have GPS signal and still have 3G/4G/4GX signal (features are limited, but direct contact with a carer is possible via ‘talk’ over 3G/4G/4GX ).
8.2. The unit has inbuilt Fall Detection This has a variety of levels the unit can be set to. We select a common/mid range setting that appears to work very well for our customers. Your circumstances may be different and you may want to have to unit changed to a more or less sensitive setting.
8.3. If a fall is detected, the device will vibrate to notify the user that it is about to send an alert to the pre-programmed telephone numbers. The user can press the SOS button to cancel if they wish.
8.4. The device registers a ‘fall’ by use of an accelerometer looking for a change in angle and a level of ‘G’ force that an algorithm then uses to activate the feature. The unit is designed to detect a typical fall. Falls that occur where the user may slide slowly down a wall to the ground may or may not register with the unit. There are numerous events and conditions that could prevent the device from operating as expected.
9. Medi Alarm Managed Sim Card
9.1. Most telecommunications companies including ALDI no longer support the use of their SIM cards in alarms, medical alarms, GPS, tracking devices and the like.
9.2. We reserve the right to provide our Medi Alarm Managed Sim Card with the purchase of any Medi Alarm Device.
9.3. If customers replace our SIM card with an alternative SIM card the Medi Alarm Warranty will be void.
9.4. We will not replace or activate alternative SIM cards on behalf of our customer as using their ID breaches the Telecommunications Prepaid ID Determination and the Telecommunications Act. It also means we are accepting our terms and conditions on your behalf.
10. Medi Alarm Managed Sim Card – Ongoing fees
10.1. Under this SIM option we allocate the first 365 days of credit to your SIM card (adequate for emergency use). The 365-day period begins from the date of your order.
10.2. You will need to recharge/renew after each 365-day period thereafter with $42.00. You do not need to check your credit. We will contact you during the 365-day period with instructions on how to recharge/renew.
11. Fair Use Policy (Medi Alarm Managed Sim Card)
11.1. Medi Alarm devices are designed to be used in an emergency and not like a communication device such as a mobile phone. All Medi Alarm devices comes under our “Fair Use Policy” which means it is to be used for help in emergency situations.
11.2. If the USER makes casual or non-emergency phone calls from the device, this will be deemed as “Excessive Use”.
12. Excessive Use
12.1. Under the “Medi Alarm Managed Sim Card” we have allocated a fair and adequate amount of voice and data to your device based on average, emergency usage patterns of thousands of customers. Voice and text usage for every device is monitored by Medi Alarm. Excessive use including but not limited to Customers using the device’s ‘Side talk button’ or the ‘Location text function’ heavily will be contacted to discuss usage options.
12.2. We reserve the right to apply further charges for excess use (non-emergency). You may discuss the option to replace the SIM card with a SIM card provider of your choice, and have that SIM card under your name if you wish to use the device more so than written in 8.2 Fair Use Policy or excessively using the ‘Side talk button’ and the ‘Location text function’ frequently. We reserve the right to disable these two functions if used excessively (we would not do this before discussing with you).
13.1. You will be in material breach of our Terms and Conditions if you:
a) use our Medi Alarm Managed Sim Card service in a way which we reasonably believe is fraudulent, poses an
b) unacceptable risk to our security or is illegal or likely to be found illegal.
14. Limitation of Medi Alarm Managed Sim Card
14.1. The USER understands that the device has a SIM card installed that requires an amount of credit to be available 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 text command functions. While the device will call 000 even without any credit, it requires an annual fee of $42 to be paid to MEDI ALARM in order for it to perform its normal call and text functions. MEDI ALARM will send reminders that the annual fee of $42 is due via text, email, phone call or letter (or a combination). If the USER fails to pay the annual fee of $45 then MEDI ALARM will give a generous grace period before the USER risks having the SIM card in their device disabled from making normal texts and calls.
14.2. The USER understands that the cost of emergency calls and texts could change over time and that MEDI ALARM reserves the rights to amend the running costs of SIM cards.
15. Limitations of Medi Alarm Devices: Mobile Network Coverage Disclaimer
15.1. The USER understands the 4G DEVICE uses the 3G/4G/4GX
15.2. As 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. Medi Alarm does not guarantee that the device can connect to the mobile network at all times, or that a help text message or help call will be received by every emergency contact at all times or within a short time frame. Medi Alarm is not liable for any indirect or consequential loss or claims.
16. Limitations of Medi Alarm Devices: GPS Functions Disclaimer
16.1. 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 that are outside the control of Medi Alarm.
16.2. The device uses the built in GPS technology to fix the location of the device with an accuracy of 2.5 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.
16.3. In the event that the Medi Alarm Device cannot receive the GPS signal it will provide it’s last known position only in a help text message. 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 MEDI ALARM 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.
16.4. Weather, trees, Underground carparks, lifts, concrete buildings, tunnels and other constructions can block the signal from satellites to the Medi Alarm Device. It is possible that if a wearer of the Medi Alarm Device 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.