Assisted Living Devices and Monitoring Terms and Conditions

  1. Definitions in this agreement the following are defined as:
    GPSOS the Company; GPSOS Monitoring and Dispatch Centre
    Customer refers to You
    Customer Instructions refers to specific instructions or medical conditions that may be amended from time to time in writing by SMS or email, with specific instructions immediately confirmed as updated by GPSOS
    First Responder refers to the person, or people nominated by the Customer who will be contacted to respond in the event of an emergency signal to GPSOS
    Device GPSOS watch, or pendant, or any other device developed
    ‘Force Majeure’ means an act, omission, or circumstance such as a major emergency, civil defence, natural disaster, war, act of terrorism, or government legislation that prohibits or prevents GPSOS from performing the duties described in this agreement
  2. Service Details:
    GPSOS agrees to provide the services described in this section headed Monitoring and Dispatch as follows:
    Monitoring Service: GPSOS will provide a Monitoring service for vital signs, GPSOS and assistance.
    Dispatch Responder: GPSOS will action a response service in accordance with the Customer Instructions:
    1. GPSOS will contact the Customer using the 2-Talk function on the device or locate the customer using the GPS location function.
    2. Contact the listed First Responder(s), in order nominated Customer. Responder’s being a family member, neighbour, friend, line manager, or security officer.
    3. c. Dispatch emergency services.
    4. If GPSOS has no response from the Customer using the 2-Talk function on the device, GPSOS Dispatch Response will automatically endeavour to contact the listed First Responder names, listed to attend, who will verbally report back to GPSOS a situation update.
    5. If the First Responders are unable to be contacted, or are unavailable to attend, GPSOS will dispatch emergency services.
    6. GPSOS will dispatch Emergency Services to attend and assist. If GPSOS has information regarding pre-existing medical conditions or the location of a key to access the premises, this will be provided to Emergency Services. In the event the premises are locked or inaccessible, Emergency Services may force their way into premises to render emergency assistance to the Customer.
    7. GPSOS does not accept any responsibility or liability for any response services provided by First Responders or Emergency Services.
    8. The Customer is responsible for any fees incurred for attendance of Emergency Service response at the rate current at the time of attendance.
  3. Customer Responsibilities and Acknowledgements:
    1. The customer acknowledges and accepts the services and products provided under this agreement may not prevent health conditions, injury or panic situations from occurring and accepts death or injury may occur even though GPSOS obligations under this agreement has been fulfilled.
    2. The GPSOS device is owned by GPSOS for the term of this agreement.
    3. The Customer acknowledges and accepts that under clause 3.b the device cannot be tampered with or altered.
    4. If required, the Customer will at their cost provide a safe keeping location for key access to their premises.
    5. The Customer will immediately notify GPSOS:
      1. The Customer has changed the address of their residency;
      2. Any area of their residency or property that may be deemed a risk, or cause potential death, or harm to person, or persons entering the property, or
      3. The Customer First Responder(s) list and contact numbers have changed.
      4. The device has been damaged or lost
      5. It is the Customer’s responsibility to maintain an electricity supply to enable the device’s battery to be charged.
      6. The Customer is responsible for the authorisation for their Medical or General Practitioner to access vital statistics reported from the device.
      7. The Customer accepts and agrees that GPSOS may record telephone conversations for the duration of this agreement in accordance with staff training and audit policies.
  4. Term of Agreement:
    1. This Agreement commences on the Commencement Date and shall continue for a period of two (2) years from the Commencement Date (End of Agreement Date).
    2. If either party determines on End of Agreement date, that this Agreement will continue, it is automatically renewed on a month by month basis until terminated by either party. Giving the other party thirty (30) days’ notice in writing that the Agreement will expire on the next monthly due date for payment of the monthly service fee.
  5. Charges:
    1. The Customer will pay GPSOS the service fee for Monitoring Service inclusive of GST monthly in advance as specified on the signature page of this Agreement by means of Direct Debit or Credit Card Authority on or before the 20th of each calendar month.
    2. Notwithstanding clause 2h the Customer may elect to pay the Monitoring Service fees annually in advance by giving written notice. The Customer accepts and acknowledges that if the Customer terminates this Agreement during that year, after the second anniversary of the Agreement, the charges for the unexpired portion of the year are non-refundable.
    3. If the Customer fails to pay the Monitoring Service fee or any other charges that may be incurred under this Agreement within 10 days of the due date, then;
      1. The Customer will pay on demand interest at (2%) above the current bank overdraft rate on overdue and outstanding monies unpaid from the due date for payment, and/or
      2. GPSOS may elect without further notice to the Customer to suspend services and its obligations under this Agreement until such time all outstanding monies are paid in full.
      3. Any debt collection recovery costs will be added to any outstanding monies owed.
      4. GPSOS from time to time after the Agreement period of (2) two years following providing the customer (30) thirty days’ notice may increase the fees to the Customer.
      5. Exempt from prior notice is any increase of GST or other taxes imposed by current legislation, such charges will be reflected immediately upon the date required by legislation.
  6. Access to Premises:
    It is the responsibility of the Customer to provide nominated First Responders or Emergency Services access to their Premises for the purposes of fulfilling any obligations under this Agreement.
  7. Liabilities:
    1. This Agreement is subject to the terms, conditions and warranties specified under the Consumer Guarantees Act 1993, all other terms, conditions warranties, and representations expressed, implied or otherwise outside the terms of the Agreement (including The Sale of Goods Act 1908) and repealed by Contract and Commercial Law Act 2017, relating in any way to the services provided in this Agreement are excluded and do not form part of this Agreement.
    2. GPSOS will not in any event be liable either under contract or verbal expression to the Customer or other persons for any loss, or injury, or health event whatsoever for any indirect or consequential loss harm, or loss of business profits however caused, including negligence on the part of GPSOS (except if the Customers suffers a direct loss that is solely attributable to the negligence of GPSOS or any of its employees acting within the scope of their employment) which may be suffered or incurred or which may rise directly in respect of the services provided under this Agreement, or the failure or omission of GPSOS to comply with its obligations under this Agreement, even if GPSOS had been advised of the possibilities of such loss or harm.
    3. If GPSOS is found liable in negligence to the Customer under clause 7b of this agreement GPSOS’ total liability will be limited to the option of GPSOS, to any one or more of the following:
      1. The supplying of the service again, or
      2. The payment of the cost of having the services supplied again.
    4. In circumstances where the Consumer Guarantees Act 1993 applies to the supply of goods and services the Customers remedies shall be in accordance with Part IV of the Act.
    5. GPSOS will not be liable for failing to the supply of goods and services because of extenuating circumstances.
  8. Force Majeure:
    1. GPSOS will not be liable for any failure or delay to supply or perform any service obligations under Force Majeure circumstances.
    2. GPSOS will advise the Customer as soon as practicable of any interruption of service due to Force Majeure. The performance of GPSOS’ obligations under this Agreement will be suspended for the period of the Force Majeure.
  9. Termination:
    Without limitation to any clause in this Agreement, GPSOS may terminate this Agreement immediately by written notice subject to:
    1. Any payment owing by the Customer to GPSOS pursuant to this Agreement that remains unpaid for a period of ten (10) days.
    2. The Customer breaches any clause of this Agreement and the breach is not remedied within thirty (30) days of written notice by GPSOS; or the Customer is permanently relocated to long term residential care in a hospital or rest home.
    3. b. Either party may terminate this Agreement immediately with written notice to the other if:
      1. The other Party becomes, threatens or resolves to dissolve or is in jeopardy of becoming subject to any form of insolvency administration
      2. The other Party, being a person dies.
    4. Following written notice to the Customer, GPSOS may in addition to terminating this Agreement:
      1. Retain any monies paid
      2. Invoice a reasonable sum for services in respect for work performed
      3. Be regarded as discharged from any further obligation under this Agreement
      4. Pursue any additions or alternative remedies provided by law
  10. Money Back Guarantee
    If at any time within 30 (thirty) days of the Commencement date of this Contract the customer feels that they are not 100% satisfied with the device, they may return the device to GPSOS. GPSOS will refund all payments made in respect of that device to a nominated bank account within 14 (fourteen) days of receiving the device back.
  11. Indemnity:
    The Customer shall indemnify GPSOS against any loss, damage, cost or expense suffered by GPSOS as a result of any failure by the Customer to perform its obligations under this Agreement.
  12. Assignment:
    The Customer shall not assign its rights or transfer its obligations under this Agreement without prior written consent of GPSOS. GPSOS may transfer or assign its rights or obligations without the Customers consent.
  13. Waiver:
    1. No right under this Agreement shall be deemed to be waived except by written notice by each Party.
    2. A waive by GPSOS pursuant to clause 12a will not prejudice its rights its rights in respect of any subsequent breach of this Agreement or any forbearance delay or indulgence granted by GPSOS to the Customer will not be constituted as a waiver of GPSOS’ rights under this Agreement.
  14. Entire Agreement:
    This Agreement constitutes the entire Agreement between the Parties for the provision of devises and monitoring services. Any prior arrangements, agreements, representations or undertakings are superseded. No modification or alteration of any clause in this Agreement will be valid except in writing and signed by each Party.
  15. Severability:
    If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain in full force apart from such provision which shall be deemed omitted.
  16. Notices:
    1. Notices under this Agreement may be delivered by hand, by registered mail, by receipted email or facsimile to the addresses specified in this Agreement;
    2. In the case of hand delivery or registered mail upon written acknowledgement of receipt by an officer or other duly authorised employee, agent or representative of the receiving party;
    3. In the case of email or facsimile, upon completion of the transmission.
  17. Privacy Act 1993:
    1. The customer authorises GPSOS to collect, retain and use personal information about the customer for evaluation and administration purposes;
    2. Any referee of the Customer to provide GPSOS with such personal information as GPSOS may require relating to the customer’s creditworthiness;
    3. The Customer upon request and payment of the reasonable costs incurred may have access to personal information about the Customer readily retrievable by GPSOS and the customer has the right to request correction of such personal information.