End User License Agreement and Terms & Conditions
34
Care@Home
™
PERS Control Panel User Guide
COMPILE, AND ANALYZE THE DATA; (III) MAY FACILITATE , ENABLE OR OTHERWISE ASSIST GENERATION OF FILES CONTAINING THE DATA; (IV) ENABLE AND ALLOW FURTHER USES AND ACTIVITIES FOR WHICH
YOU WERE ADVISED AND MADE AWARE OF BY THE COMPANY OR THE SERVICE PROVIDER OR BY ANY OTHER MEANS BECOME AWARE OF FROM TIME TO TIME.
i. YOU EXPLICITLY ACKNOWLEDGE THAT USE OF THE APPLICATION MAY VIOLATE OR INFRINGE UPON YOUR AND/OR THIRD PARTIES RIGHTS (INCLUDING THE MONITORED PARTY), INCLUDING WITHOUT
LIMITATION THE RIGHT FOR PRIVACY.
j. YOU EXPLICITLY ACKNOWLEDGE THAT THE APPLICATION IS NOT A MEDICAL OR LIFESAVING DEVICE, PRODUCT OR SERVICE; DOES NOT PROVIDE ANY MEDICAL, LIFE SAVING OR OTHERWISE PREEMPTIVE
MEASURE AGAINST INJURY OR OTHERWISE BODILY HARM OR DEATH; NOR ASSUME IN ANY WAY TO REPLACE OR BE IN LIEU OF ANY SUCH.
j. IN ADDITION TO AND WITHOUT DEROGATING FROM ANY AND ALL OTHER LIMITATION OF LIABILITY PROVISIONS HEREIN, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
COLLATERAL, SPECIAL, THIRD-PARTY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND. EXCLUDED DAMAGES OR LOSSES INCLUDE, BUT ARE NOT LIMITED TO, BODILY INJURY
AND/OR DEATH, COST OF REMOVAL OR REINSTALLATION, ANCILLARY COSTS TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LABOR COSTS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF
SAVINGS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF THE APPLICATION , OR OTHERWISE ARISING OUT OF, OR IN CONNECTION
WITH, THESE TERMS AND CONDITIONS, WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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Article IV – SYSTEM AND SERVICE LIMITATIONS
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a. The Application is designed to provide information regarding the Monitored Party and related and/or additional activities and as such may be provided from time to time. Company shall have no responsibility for
failure of data transmission, corruption or unauthorized access.
b. You are responsible for supplying high speed Internet access. Company does not provide Internet service; maintain Internet connection, wireless access or communication pathways, computer, smart phone,
electric current connection or supply. As long as the Service Provider makes payments to the Company for remote access for your use of the Application as well as to the System, Company will authorize your
access. Company is not responsible for your access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of
communication used by you for the Application and the access of the System. You acknowledge that the System can be non-functional or compromised if the Internet codes or devices used for access are lost or
accessed by others and Company shall have no liability for such third party unauthorized access. Company is not responsible for the security or privacy of any wireless network system or router. Wireless systems
can be accessed by others, and it is your responsibility to secure access to the system with pass codes and lock outs.
c. The Application is designed to utilize your enabled cellular Device to access the System. The Device will work only in areas where the cellular service has coverage and Company has no control over such
coverage. Company is authorized to record and maintain audio transmissions, data and communications, and shall be the exclusive owner of such property. You are responsible for all permits and permit fees, if
any, and agree to file for and maintain any permits required by applicable law and indemnify or reimburse Company for any fines relating to permits. Should Company be required by existing or hereafter enacted
law to perform any service or furnish any material not specifically covered by this Terms and Conditions you agree to pay Company for such service or material Company does not monitor signals and
communications received by or from your enabled cellular device excluding information regarding login/ logout from the Application and all Application usage.
d. You acknowledge that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the control of
Company and are not maintained by Company and Company shall not be responsible for any failure which prevents transmission signals from reaching your Internet enabled Device or damages arising therefrom,
or for data corruption, theft or viruses to your Internet enabled Device.
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Article V – INDEMNITY
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To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees, representatives and agents from and
against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or accruing from your use of the Application ,
including your downloading, installation, or use of the Application , or your violation of the Terms and Conditions.
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Article VI – MODIFICATION
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The Company reserves the right to modify without prior notice the Application, and the Terms and Conditions governing its use, at any time, including but not limited to charge fees in order to access and/or use
the Application. The Company also reserves the right to terminate any or part of the Application or any use thereof at any time on its sole discretion without prior notice.
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Article VII – LICENSE CHANGES
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a. The Company reserves the right to update and change, from time to time, these Terms and Conditions and all documents incorporated by reference. At all times, you can find the most recent version of the
Terms & Conditions on the Company’s website or request a copy from Company’s support team. Use of the Application after such change constitutes acceptance of such changes.
b. This Terms and Conditions, and any new versions, between the Company and you, cover all your use of the Application, including, without limitation, the Application. You can accept this Terms & Conditions by
clicking on such acceptance buttons or links as may be designated by the Company. If you disagree with any of the terms below, the Company does not grant you a license to use the Application.
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Article VIII – MISCELLANEOUS
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a. Your contractual relationship with your Service Provider and/or other third parties, including payment, delivery of goods or services, and any other terms, conditions, privacy policies, warranties or
representations associated with such dealings, are solely between you and such provider and/or third party. You agree that the Company will not be responsible or liable for any loss and/or damage of any kind or
nature incurred and/or suffered by you and/or any third party as a result of the presence of such provider and/or third parties on the Application.
b. These Terms and Conditions constitute the entire agreement and understanding between you and the Company relating to the Application and govern your use of the Application, and completely replace and
supersede any prior or contemporaneous agreements between you and the Company regarding the Application.
c. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to the Company.
d. The provisions of these Terms and Conditions are independent of and severable from each other. If any provision is found to be invalid or unenforceable for any reason, that provision shall be deemed modified
to the extent necessary to make it valid and operative, or if it cannot be so modified or eliminated, the remainder of these Terms and Conditions shall continue in full force and effect as if these Terms and
Conditions had been signed with the invalid portion so modified or eliminated.
e. These Terms and Conditions and your limited relationship which is only specified herein with the Company under these Terms and Conditions will be governed by the laws of the State of Israel without regard to
its conflict of laws’ provisions. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the Tel-Aviv district, Israel, to resolve any legal matter arising from these Terms and
Conditions.
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ADDENDUM A – PRIVACY POLICY
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Company is providing this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information we receive when you do either of the following:
All terms shall have the same meaning as defined in the Terms and Conditions to which this Addendum A is part hereof.
You visit the Company website (the “
Site
”) or the Service Provider’s website.
By downloading or using the Application or by entering the Site, you fully understand and unambiguously consent to the collection and processing of such information and to the terms of this Privacy Policy. If you
do not agree to the terms of this Privacy Policy, you must not use the Application or Site.
This Privacy Policy may be amended or updated from time to time. If we make any material changes to this Privacy Policy, Service Provider shall update you of these changes. Our website will reflect changes in the
Privacy Policy as well and you are advised to consult this Privacy Policy regularly for any changes.
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Information Collection
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Personally Identifiable Information
In the course of using the Application, we might ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“
Personal Information
”). Personal Information
may include, but is not limited to, your name, country of residence, email address and website address.
Non-Personally Identifiable Information
When you use the Application (whether such use is performed on the System or a Device, on the Site or on a website of one of our partners or other third parties), we collect information regarding your use of the
Application, and information that your browser sends whenever you visit a site or online service, including, without limitation, your computer's Internet Protocol (IP) address, browser type, the web page you were
visiting before, and information for which you search.
When you use a widget or any other tool offered by us, whether on the System or a Device, on the Site or on a third party website, including a website owned or operated by you, we may record data related to that
activity, the deployment of the widget or tool, your location and any other account related data.
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. You can instruct your browser, by changing its
options, to stop accepting cookies or to prompt you before accepting a cookie from the website you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all
functionality of the Application.
We may present links in a format that enables us to keep track of whether these links have been followed
.
Third Party Sites
This Privacy Policy applies only to the Application functionality on the System or a Device under your control, or on the Site. The Site may include links and references to the websites of others or third party
advertisers. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure
of the Personal Information that you submit. We encourage you to read the privacy policies and other terms of the other websites. We do not review, approve, monitor, endorse, warrant, or make any
representations with respect to such websites. In no event will we be responsible or liable, directly or indirectly, to anyone for any loss or damage arising from such sites, including without limitation for your use of
such website and for any information submitted by you, or otherwise collected by such websites.
