Care@Home™
PERS System Terms of Use
36
Care@Home
™
PERS Control Panel User Guide
Appendix E
Care@Home
™
PERS System Terms of Use
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.
YOU EXPLICITLY ACKNOWLEDGE THAT THE SYSTEM IS NOT A MEDICAL OR LIFE SAVING DEVICE, SYSTEM; 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. COMPANY’S WARRANTIES UNDER THIS TERMS IF USE (ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL,
