1.     ESTABLISHMENT COSTS

The client must pay all applicable establishment costs to GPS Geo Guard OmniCare Alert for the relevant term 12/24/36/48/60 months chosen by the CLIENT/END USER at the time it pays for the unit price, when the client choses GPS Geo Guard & OmniCare Alert Professional monitoring over the risk of self-monitoring. GPS Geo Guard & OmniCare Alert has informed the Client/END USER of all applicable establishment costs at or prior to the time of entering into this agreement. Establishment costs will be calculated in accordance with the prevailing schedule of costs and charges adopted by GPS Geo Guard& OmniCare Alert from time to time.  

2.     THE MONITORING TERM

The term will commence following the dispatch of the OmniCare Alert by GPS Geo Guard & OmniCare Alert to the CLIENT/END USER, on a date nominated by GPS Geo Guard & OmniCare Alert usually and no longer than 7 days after purchase. If GPS Geo Guard & OmniCare Alert fails to nominate a date on which the term commences being within 30 days of the date the unit(s) are dispatched to the client, either party may terminate this agreement by written notice given to the other. On completion of the monitoring term, OmniCare Alert monitoring will continue past the contracted date unless a request for cancellation is submitted by the client. Auto billing of the Previous Term of monitoring 12/24/36/48 or 60 in full, will be charged 1 Month in advance prior to end of Termination date. If there is no notification or payment by the client, the existing term will be renewed automatically started and existing terms and conditions will apply.

3.     PROVISON OF THE MONITORING SERVICES

In consideration of the requested relevant term of monitoring 12/24/36/48 or 60-months payment of the monitoring fee in advance at the time of purchase, GPS Geo Guard & OmniCare Alert shall provide the CLIENT/END USER the services during the term. GPS Geo Guard or a 3rd party will provide the Alarm Monitoring services and Emergency First responder dispatch notification service for the Term and any renewal will use its best endeavours to dispatch a Response to investigate any signals/event(s) but makes no guarantee that a Response will be available at any time. GPS Geo Guard & OmniCare Alert reserves the right to alter or modify the services from time to time provided such alteration or modification does not materially affect the functionality or performance of the units and/or the fundamental nature of the services. “Response” means the dispatch by the Monitoring Centre of the responding Emergency Service to the Premises or location where the OmniCare Alert is located or such other action in accordance with the (“OmniCare Alert Set up & Emergency Response information” Data entry form) CLIENT/END USER shall provide GPS Geo Guard & OmniCare Alert with such information at the time of purchase on the (“OmniCare Alert Set up & Emergency Response information” Data entry form) to provide, services, support and other assistance as may be reasonably required by GPS Geo Guard & OmniCare Alert in its provision of the monitoring Services. CLIENT/END USER shall provide GPS Geo Guard & OmniCare Alert with the name of the authorised user and any other details regarding such authorised users as GPS Geo Guard & OmniCare Alert may reasonably require from time to time. CLIENT/END USER shall promptly provide GPS Geo Guard & OmniCare Alert with any changes to the same only via the digital portal for any data, emergency contacts and phone number or device changes https://bit.ly/OmniCareAlertSupportRequest . CLIENT/END USER shall: generally observe and comply with all relevant legislation and the reasonable directions of GPS Geo Guard & OmniCare Alert; not use the services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication which is of an offensive, abusive, indecent, obscene or menacing nature; not cause any nuisance, annoyance or inconvenience to any third party by any use or misuse of the services; not act in any way whether knowingly or otherwise which will impair the operation of all or part of the services; not be involved in or knowingly, recklessly or negligently permit or negligently allow any other party to be involved in any fraudulent or other unauthorised use or attempted use of the services by corrupt or dishonest or illegal means at any time and shall notify GPS Geo Guard & OmniCare Alert immediately upon CLIENT/END USER (as the case may be) becoming aware of or suspecting such activity. CLIENT/END USER shall procure that, prior to receipt of a unit: expressly acknowledges and agrees that its use of the services and the OmniCare Alert will enable GPS Geo Guard & OmniCare Alert to obtain such CLIENT/END USER approximate geographical (GPS) location which will be used solely for the purpose of providing the CLIENT/END USER with emergency assistance; and has properly completed (“OmniCare Alert Set up & Emergency Response information” Data entry form) at the time of purchase. CLIENT/END USER shall indemnify GPS Geo Guard & OmniCare Alert and keep GPS Geo Guard & OmniCare Alert indemnified and hold GPS Geo Guard & OmniCare Alert harmless against any and all loss, liability, claims, damages, and costs and expenses that may be incurred by GPS Geo Guard & OmniCare Alert in respect of failure by CLIENT/END USER to comply with the provisions of corrected and updated CLIENT/END USER, Emergency Response information and whether by reason of negligence or otherwise. GPS Geo Guard & OmniCare Alert is permitted to subcontract or otherwise engage its Control Room (or such other entity that may be reasonably capable of providing the Services in the reasonable opinion of GPS Geo Guard & OmniCare Alert) to provide or assist in the provision of the Services from time to time or at all times during the Term.  

4.     EMERGENCY NOTIFICATION IN ALARM EVENT (MONITORED)

The CLIENT/END USER of the OmniCare Alert understands that the OmniCare Alert is used as an emergency duress alarm, to help the CLIENT/END USER in an emergency, when under duress or when in need of help. It is designed and supplied and programmed with the required data and the CLIENT/END USER requested emergency response procedure as per the (“OmniCare Alert Set up & Emergency Response information” Data entry form) GPS Geo Guard & OmniCare Alert recommend that the Emergency Contacts allocated by the CLIENT/END USER are aware of the OmniCare Alert, what to do in the event of an alarm when they are contacted by the Alarm monitoring room and are suitable for providing further assistance the CLIENT/END USER may Require.

 5.     SERVICE AVAILABILITY LIMITATIONS MOBILE NETWORK COVERAGE DISCLAIMER

The CLIENT/END USER understands the actual OmniCare Alert duress alarm connection depends on where they are located in relation to the available 4GX, 4G mobile network cover- age. CLIENT/END USER should be aware that OmniCare Alert uses mobile coverage maps to check on available 4GX, 4G coverage of the CLIENT/END USER’s address, when processing the ENDUSER’s order and that these maps have been created using tools that predict the likely areas of coverage, but do not guarantee that coverage. OmniCare Alert cannot check internal connectivity and is not liable for any non-connectivity or interference within the actual address where the OmniCare Alert is being used. Please refer to Telstra coverage maps indoor and outdoor coverage disclaimer. If the CLIENT/END USER is relying on the device for possible medical emergencies, it is the responsibility of the CLIENT/END USER to test the OmniCare Alert before using it and carry out regular tests. GPS Geo Guard & OmniCare Alert does not guarantee that the device can connect to the mobile network at all times, or that a help SMS Sent or help call will be received by every emergency contact at all times or within a short timeframe. GPS Geo Guard & OmniCare Alert shall have no liability to client in respect of client's inability to access or errors in the functioning of the services which are attributable to operator error; provision of incorrect information or data by CLIENT/END USER; power failures; malicious interference; any downtime or outages from any subcontractor or other lack of coverage of the mobile telecommunications network used for the purpose of providing services. The transmission of SMS /Data to and from the OmniCare Alert or calls to and from the OmniCare Alert is dependent upon the functionality of the network and the means of access to the network (initially through SIM Card); GPS Geo Guard & OmniCare Alert t is not the provider, nor the manufacturer or supplier of SIM Cards (or other means of access) through which, access to the network is possible. GPS Geo Guard & OmniCare Alert will not be liable for (and the client must not raise any claim or objection against GPS Geo Guard & OmniCare Alert relating to) any failure or defect (temporary or otherwise) in or with respect to the Network or the means of access to the Network where any such failure or defect is brought about: through acts or omissions of any person or entity, other than the willful or negligent acts or omissions of GPS Geo Guard & OmniCare Alert; or for any other reason or cause not being attributable to GPS Geo Guard & OmniCare Alert. The identity of the provider is a matter solely within the discretion of GPS Geo Guard & OmniCare Alert and GPS Geo Guard & OmniCare Alert reserves the right to change provider from time to time during the term. To avoid doubt, GPS Geo Guard & OmniCare Alert is under no obligation to engage Telstra Corporation as the provider for the purpose of this agreement.  

6.     GPS FUNCTIONS DEVICE LIMITATIONS: DISCLAIMER

The CLIENT/END USER understands that the GPS functions and the help SMS / DATA alarms the OmniCare Alert sends out with a GPS location on an alarms activation on Google Maps are limited to the common constraints of all GPS systems. The OmniCare Alert Duress Alarm uses the built in GPS technology to fix the location of the device with an accuracy of 4 x 4 metres. In order for the GPS functions to work it requires a line-of-sight connection to satellites in the sky. For the OmniCare Alert to receive the signal it needs to be pointed to the sky. It can take up to 10 minutes to receive a first fix (TTFF) and work out the co-ordinates of the location. OmniCare Alert uses smart algorithms, so that it has faster links so please check your address when testing. If the OmniCare Alert cannot receive GPS signal it will provide its last known location in the help SMS sent. The OmniCare Alert uses ‘triangulation method’ but cannot when a current GPS fix is unavailable. The OmniCare Alert checks for an updated GPS location when the device detects movement in accordance with the default, power saving mode and therefore cannot guarantee that the device knows the current GPS location at all times. The OmniCare Alert will not acquire GPS Fix Underground/carparks, lifts, tall steel & concrete buildings, tunnels and other constructions can block the signal from satellites to the OmniCare Alert. It is possible that the CLIENT/END USER may be in a location where there is no GPS signal that there may also be no 4GX, 4G mobile signal meaning the functions of the device will not operate till the CLIENT/END USER is in an area of full connectivity  

7.     GPS OMNICARE ALERT - MANAGED SIM CARD (MONITORED)

The CLIENT/END USER agrees and acknowledges that the GPS Geo Guard & OmniCare Alert has supplied a SIM card installed and manages the credit of that SIM Card on behalf of the CLIENT/END USER that requires an amount of credit to be active on the network and send SMS / DATA / alarm in an alarm activation, GPS location functions, voice call functions and all other network communications. The CLIENT/END USER agrees not to tamper or remove or replace the internal SIM in the device and that CLIENT/END USER will not hold GPS Geo Guard & OmniCare Alert responsible for any non-communications from device due non approved SIM.  

8.     LIMITATION OF LIABILITY

All parties agree that the OmniCare Alert Duress Alarm is not designed or guaranteed to prevent any Death loss or injury. If, notwithstanding the terms of this agreement, there should arise any liability on the part of GPS Geo Guard & OmniCare Alert 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 GPS Geo Guard & OmniCare Alert negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to the sum of $489.00 Inc GST or for the amount you purchased your device for with multiple device purchase discounts, where applicable for the supply of the device(s). GPS Geo Guard & OmniCare Alert is not liable for any indirect or consequential loss or claims. GPS Geo Guard & OmniCare Alert does not guarantee in any way that the device will prevent accidents, falls, death or personal injury to the CLIENT/END 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. GPS Geo Guard & OmniCare Alert shall not be liable to client for: any indirect, consequential, special or punitive loss, damage, costs and expenses; loss of profit; loss of revenue; loss of anticipated savings; loss of business; loss of reputation; depletion of goodwill; or loss, damage, injury or death resulting from the misuse of the Service OR caused by the CLIENT/END USERS error in updating the required information and or Emergency contacts communications failing to respond or communicate to the monitoring room, or Emergency services or emergency contacts failing to respond promptly to the CLIENT/END USER’S home or other location. GPS Geo Guard & OmniCare Alert 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 care, installation, unreasonable use or abuse of the device, failure to provide proper maintenance or to follow the written instructions provided or failure to regular testing the device. The following provisions set out the entire financial liability of GPS Geo Guard & OmniCare Alert (including any liability for the acts or omissions of its employees, agents and sub-contractors) to client in respect of: 1a. any breach of this agreement; and any representation, statement or tortious act or omission including negligence arising under or in connection with this agreement. GPS Geo Guard & OmniCare Alert shall not be liable to client for: any indirect, consequential, special or punitive loss, damage, costs and expenses; loss of profit; loss of revenue; loss of anticipated savings; loss of business; loss of reputation; depletion of goodwill; or loss, damage, injury or death resulting from the misuse of the Service. Subject to clause 1a, GPS Geo Guard & OmniCare Alert total liability to client under or connected with this agreement for: any loss or damage which arises out of GPS Geo Guard & OmniCare Alert negligence shall not exceed $10,000.00 for any claim; and any other loss not covered by Limitation of Liability shall not exceed the greater of fees payable by client for the 12-month period immediately preceding a claim arising or $10,000.00. For the purposes of this clause a “claim” shall mean any one event giving rise to a claim or, where there is more than one event giving rise to a claim, then a series of connected events.  

9.     DELIVERY OF THESE TERMS AND CONDITIONS

The CLIENT/END USER acknowledges that these terms and conditions and incorporated documents were made available to the Purchaser and CLIENT/END USER online at the time of purchase and via OmniCare Alert website and were delivered to the CLIENT/END USER address by Australia Post or other chosen freight forwarding company along with the device, it’s packaging and printed instructions for the installation and use of the device.  

10.     TERMINATION

This agreement shall subsist for the Chosen period Term by the client 12/24/36/48 or 60 months (unless lawfully terminated before the term would otherwise expire) and thereafter unless or until terminated by either party giving to the other not less than three months' written notice (such notice may be given at any time but shall not expire before the end of the initial period). This agreement may be terminated forthwith on written notice: by GPS Geo Guard & OmniCare Alert if client fails to make any payment on the due date at time of purchase and or for renewal and payment that has not been made within seven days of a written request for the same; by a party if the other party commits any breach of any term of this agreement and which (in the case of a breach capable of being remedied) has not been remedied within seven days of a written request to remedy the same; by a party if an order is made or a resolution is passed for the winding-up, of the other party or an order is made for the appointment of an administrator to manage the affairs of deceased, business and property of the other party or such an administrator is appointed or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by the other party or family members or a receiver and/or manager or administrative receiver is appointed in respect of all or any of the other party's assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or which entitle the court to make a winding-up order or the other party takes or suffers any similar or analogous action in consequence of debt in any jurisdiction.  

11.     CONFLICTING DOCUMENTS

Should there arise any conflict between this agreement and CLIENT/END USER purchase order or other document, this agreement will govern, whether such purchase order or document is prior to or subsequent to this agreement.  

12.  FULL AGREEMENT / SEVERABILITY

The terms and condition in this agreement constitute the full understanding between all parties. Any changes to these terms will be published on the OmniCare Alert website and will be effective within 60 days of the publication otherwise the conditions remain unchanged. The CLIENT/END USER acknowledges and represents that the CLIENT/END 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.  

13.  LEGAL ACTION

The CLIENT/END USER submits that Queensland Law shall govern this agreement. The parties submit to the exclusive jurisdiction of the Queensland courts and agrees that any litigation or arbitration between the parties must be commenced and maintained in QLD, Australia. Service of process or papers in any legal proceeding or arbitration between the parties may be made by Express Mail delivered by Australia Post addressed to the party’s address in this agreement or another address provided by the party in writing to the party making service. (GPS Geo Guard & OmniCare Alert) of Unit 2F, Corporate Suite A Building 2 Lakes Vista Office Park, 2 Flinders Parade, North Lakes QLD 4509. 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

Queensland Law shall govern this agreement. The parties submit to the exclusive jurisdiction of the Queensland courts.