Mobile Defender User Guide
Page 13
1.15 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.
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. You must be a resident of Canada.
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, use with other
devices including pacemakers, 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.
•
If using a Product with fall detection service, automatic detection of
a fall is not guaranteed and not 100% reliable. The Product may
have a feature that gives warning through vibration and/or sound
that a fall was detected and allows you to cancel the applicable call
and events for response by pushing the SOS Call Button. This is
intended to prevent false alarms and initiation of events for
response.
Please note that pushing the SOS Call Button once a
fall has been detected will stop initiation of events for
response
•
If activating and using services in the United States of America,
Device will be roaming and wireless network service will be
provided by third party US-based network service providers. The
wireless network service may be subject to possible delays and
issues not in our control. Other cellular features such as call display
and sending and receiving of text alerts may be limited and subject
to wireless services of alert recipient devices. Emergency Response
911 services are limited to ambulance services only.
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 (ex. Family Response Service), the 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
Where applicable, the Device may have the functionality to receive inbound
calls. Inbound calls may be restricted based on the Services you have selected
(ex. Emergency Response Service). Evolution Wireless reserves the right to
restrict inbound calls 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, fall detection service providers, manufacturers,
suppliers, alarm monitoring centres that may 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.
