Care@Home™
System Terms of Use
Care@Home™ Passive Infrared Detector User Guide
37
Care@Home™
System Terms of Use
Appendix D
In this Terms of Use (hereinafter the “
Terms of Use
”) the term “you or your” refers to the user of the System. The term “
Company
” refers to Essence
SmartCare Ltd.
The term “
Service Provider
” refers to the entity (not being the Company) that sold or leased to you the System and provides you services and/or call
center services and/or other services that enable you to use the System (as defined below).
Terms of Use applies to the System, consisting of the control panel which includes a cellular model (for data transmission and for voice calls), related
social alarm system and remote monitoring applications which may be hosted by a third party, products and solutions for home or any control systems or
any part thereof and any related products or equipment (including but not limited to a Stationary emergency button) all of which are manufactured by
the Company (the “
System
”). This is the only express warranty for this System and is in lieu of any other warranty or condition. Should the System be
defective your exclusive remedy should be rendered solely by the Service Provider at the Service Provider’s discretion as per the terms of the limited
warranty provided to you by the Service Provider from time to time. For avoidance of any doubts, no such limited warranty or any other document
provided to you as aforementioned, by the Service Provider, may alter revise, add, remove, modify, terminate, condition, or otherwise change in any way
the terms and conditions in this Terms of Use, and the sole exclusive method of modifications of this Terms of Use shall be valid only if made by the
Company, in writing and pursuant to as provided herein. In case of any contradiction between this Terms of Use and any limited warranty or any other
document provided to you by the Service Provider, the Terms of Use shall prevail.
This Terms of Use does not cover:
batteries, or any problem that is caused by accident, vandalism, negligence or mistake, flood, water, lightning, fire, abuse, misuse, acts of god, and
casualty or electrical surges.
To receive service or replacement or any other service for the System under this Terms of Use, please contact your Service Provider. Company will not
provide You with any such service or otherwise activity, other than as through the Service Provider and always pursuant to the agreement terms and
conditions, as such exists from time to time, and to the extent any such exists, between the Service Provider and the Company.
YOUR RESPONSIBILITIES FOR SYSTEM OPERATION:
By use of the System you agree to the terms of this Terms of Use. You agree that the System requires AC power supply and that it is your sole
responsibility to provide electrical outlet and receptacle, cellular SIM card with an internet connection. The System uses RF communication technology,
elements beyond the Company’s control such as (but not limited to) bad weather that may cause interferences to the System’s performance. You are
solely responsible for providing communication pathways for the System to communicate upon activation. Notwithstanding the forgoing, Company shall
not be responsible for loss of System connectivity or data due to cellular network disconnections. The System must be used as intended and for no other
purpose. The System contains small particles and electricity wires and is not intended for use by children or anyone who is not capable of understanding
the System’s purpose and how to use the System and monitoring services. Pendants may have attachments which can cause strangulation if not used
properly. You agree that the System communicates over cellular network which pass through communication networks wholly beyond the control of
Company and are not maintained by Company and the Company is not be responsible for any failure which prevents transmission signals from
communicating your emergency condition. You have selected the communication pathway to be used with the System and you are solely responsible for
continuous communication. Do not attempt to open the System and/or fix it yourself and/or change the System in any way including but not limited to
the System’s antenna or any additional component thereof.
The System communicates by wireless cellular transmission.
Company does not provide wireless access or communication pathways or electric current connection.
THE SYSTEM IS DESIGNED TO PROVIDE INFORMATION INCLUDING WITHOUT LIMITATION, YOUR WHEREABOUTS, DAILY ACTIVITIES AND HABITS,
WHETHER BY VISUAL OR BY OTHER TYPES OF METHODS (THE “
INFORMATION
”); (II) ENABLE AND PROVIDE THE ABILITY TO COLLECT AND COMPILE,
AND ANALYZE THE INFORMATION; (III) MAY FACILITATE , ENABLE OR OTHERWISE ASSIST GENERATION OF FILES CONTAINING THE INFORMATION; (IV)
ENABLE AND ALLOW FURTHER USES AND ACTIVITIES ; ALL AS YOU MAY DECIDE PURSUANT TO YOUR SPECIFIC AGREEMENTS WITH THE SERVICE
PROVIDER. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR FAILURE OF INFORMATION TRANSMISSION,
CORRUPTION OR UNAUTHORIZED ACCESS TO THE INFORMATION.
YOU EXPLICITLY ACKNOWLEDGE THAT USE OF THE SYSTEM MAY VIOLATE OR INFRINGE UPON YOUR RIGHTS, INCLUDING WITHOUT LIMITATION THE
RIGHT FOR PRIVACY.
YOU EXPRESSLY DECLARE THAT YOU ARE RENDERING YOUR CONSENT TO THE SERVICE PROVIDER AND/OR OTHER AUTHORIZED THIRD PARTIES ON
YOUR BEHALF TO VIEW AND/OR MONITOR THE INFORMATION.
YOU UNDERSTAND AND AGREE THAT THE INFORMATION GATHERED AND/OR STORED BY THE SYSTEM (THE “
INFORMATION
”) (INCLUDING BUT NOT
LIMITED TO VIDEO SEGMENTS FILMED AND/OR STORED AND OR GATHERED BY THE SYSTEM (THE “
VIDEO SEGMENTS
”) (THE “
INFORMATION
” AND
THE “
VIDEO SEGMENTS
” COLLECTIVELY TOGETHER: THE “
SYSTEM INFORMATION
”) IS STORED ON THE COMPANY'S AND OR THE SERVICE PROVIDER
SERVERS. THE SYSTEM INFORMATION INCLUDING THE VIDEO SEGMENTS IS THE SOLE PROPERTY OF THE COMPANY AND/OR THE SERVICE PROVIDER
IN ACCORDANCE WITH THE AGREEMENTS BETWEEN THE COMPANY AND THE SERVICE PROVIDER. THE COMPANY SHALL HAVE ACCESS TO ALL OF
THE SYSTEM INFORMATION AT COMPANY’S SOLE DISCRETION AND SHALL, FROM TIME TO TIME, AT THE REQUEST OF THE SERVICE PROVIDER FOR
SUPPORT, MAINTENANCE, SYSTEM UPGRADES OR MODIFICATIONS AND ALIKE, REVIEW THE VIDEO SEGMENTS. COMPANY SHALL NOT LET OTHER
PARTIES (OTHER THAN THE SERVICE PROVIDER) REVIEW THE VIDEO SEGMENTS, WITHOUT YOUR PRIOR CONSENT, EXCLUDING DISCLOSURE THAT IS
REQUIRED BY LAW, REGULATION OR ORDER OF A COMPETENT AUTHORITY.
