Mobile Defender User Guide
Page 12
Evolution Wireless Inc., Terms and Conditions
Evolution Wireless Inc. (“
Evolution Wireless
”) is a distributor of third party devices and services (collectively, the “
Products
”) including mobile personal response
solutions promoted through its brand, Caretrak. Before using any products or services, please read these Terms and Conditions carefully.
By using or activating a Product, you acknowledge your acceptance and agree to be bound by these Terms and Conditions
.
Please do not use or activate the Product if you do not agree with the following Terms and Conditions.
Products include Devices and Services. “
Devices
” refers to all equipment you buy, rent, lease, etc. from us to access and use the Services, and “
Device
” refers to any single
one of these Devices. “
Services
” refers to all service offers, features, applications, information on services that we have communicated to you, and terms in the service
plans describing your plans and services, and “
Service
” refers to any single one of these Services.
Throughout these Terms and Conditions, “
you
” or “
your
” refer to the person buying and/or using a Device or Service, as well as any third party end user for whom a person
buys and/or activates the Products for; and “
we
”, “
our
”, or “
us
” refers to Evolution Wireless.
These Terms and Conditions together with any current service plan, features brochures, or other materials incorporated by reference including information on caretrak.ca
(“our website”) and applicable to the Products (collectively, the “
Materials
”) constitute the complete terms (the “
Terms
”) that apply to your use of the Products. If there
is any inconsistency between the Materials and these Terms, these Terms will prevail. If you do not agree with these Terms, please refrain from using the Products. These
Terms are subject to Evolution Wireless business policies and procedures (“
Policies
”) including but not limited to Evolution Wireless Privacy Policy available on our
website. You agree to all of our policies when you use the Products. These Terms are subject to change. Any changes will be immediately reflected on our website. We
recommend that you check our website regularly for any changes.
These Terms apply to the sale and use of the Products across Canada. The Products are currently not available for sale in the Province of Quebec.
Who are the Parties to these Terms?:
These Terms represent a legal agreement between Evolution Wireless and you. You must be at least 18 years old and have authority to consent to this Agreement, and
consenting to this Agreement will not violate any other agreement.
If you have purchased, opened and/or activated the Products for use by a third-party end user, you acknowledge having accepted this Agreement on that person’s behalf.
If you are an agent or employee of an entity purchasing the Products (a “
Commercial Client
”), you represent and warrant being duly authorized to accept this agreement
on such entity’s behalf and to bind such entity; and such entity has full power, corporate or otherwise, to enter into this agreement and perform its obligations hereunder.
Important Notes About Using the Products:
The Devices are not medical devices, and the Products are not meant to be a substitute for medical care and attention.
It is your responsibility to assess whether the Products are appropriate based on your medical condition, general health and lifestyle. It is also your
responsibility to assess whether the Products are appropriate given the network coverage, GPS limitations in particular areas, and battery life.
If applicable, it is your responsibility to ensure that the Device is worn properly, that you monitor the battery life, the connectivity, and the overall ability of the
Device to function.
If using the Caretrak Mobile Defender, ensure that the SOS Call Button on the Device is pressed manually until it vibrates in order to initiate the applicable call
and events for response
Functioning of the Products is subject to wireless and GPS network and services. Connection of calls and/or sending of information that use these networks
may fail or not be accurate at times.
The Products are not a Substitute for Caregiver Contact or for 911
You acknowledge and agree that the Products are not a replacement for your regular contact with your caregivers and doctors. The Products are also not a replacement
for placing an emergency call using a regular landline or cell phone. Other means of communication, if available in the circumstances, should be used even in an emergency
situation.
The Device:
Where applicable, each Device is assigned a ‘cellular phone number’ (the “
Device Number
”) in order to be able to use the Device on the wireless network. The Device
Number and area code may not match the area code of your address.
Your Device Number is designed exclusively for use with Services provided by Evolution Wireless. You have no proprietary right, ownership or other rights to the Device
Number assigned to you. Evolution Wireless will notify you if there is a need to change or reassign your Device Number.
Where applicable, each Device is programmed to call an outbound phone number that you have provided to Evolution Wireless. It is your responsibility to ensure that the
phone number you have provided is accurate, able to receive calls and that the call recipient authorizes you to have calls directed to that phone number. Evolution Wireless
is not responsible for the implications, response or actions generated from calls directed to this phone number. Evolution Wireless reserves the right to remove
programming of any phone number at any time
The Services
Evolution Wireless works with Third Party Service Providers to provide the Products. "
Third Party Service Provider
" means any person, company, or entity who may
provide any service, equipment, or facilities in connection with Evolution Wireless, including, but not limited to, wireless service providers, GPS service providers,
manufacturers, suppliers, alarm monitoring centres that access public safety answering points ("PSAPs"), and emergency responders (such as police, fire and ambulance).
Since the services provided by Third Party Service Providers are not in the control of Evolution Wireless, you agree and understand that Evolution Wireless in no way
guarantees the performance and delivery of services of Third Party Service providers.