Terms & Conditions
Introduction
Please read these Terms and Conditions (“Terms”, “Terms of Service” or “Terms of Use”) carefully before using the www.mymedicwatch.com website, the My Medic Watch Fall Mobile Application or the My Medic Watch Epilepsy Mobile Application (together, or individually, the “Service”, or: “Services”, “Website”, “Site” or “Platform”) operated by My Medic Watch Pty Ltd (“MMW,” “us”, “we” or “our”).
MMW provides two mobile applications as specified above. The My Medic Watch Fall Mobile Application sends alerts to caretakers caregiver after a person falls in order to narrow the gap between a fall and alerting someone that can help (“MMW Fall app”). The My Medic Watch Epilepsy Mobile Application sends alerts to caregivers after a person experiences an epileptic seizure (“MMW Epilepsy app”). Doctors and caregivers can also use the Services to monitor the general health of a user from a short term and long term perspective. Such services may be accessed partially through the Website or the MMW mobile application and are considered part of our Services. The Services are intended to be used in conjunction with a smart watch such as the Apple Watch, Android, Pebble, etc. (“Smart Watch”)
Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
The terms apply to all users of the website, including those who are simply navigating the website, or those who register an account. By using or accessing the website, you agree to be bound by the terms. If you do not agree to the terms, do not use the website or Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service and you should close this site and exit the Service immediately.
1. TERMS OF SERVICE
The My Medic Watch Pty Ltd app Services are copyrighted work belonging to My Medic Watch Pty Ltd. THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING AND/OR USE OF THE SERVICES. YOU MAY NOT ACCESS AND/OR USE THE SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT 18 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SERVICES.
2. CERTAIN DISCLAIMERS
ALL INFORMATION CONTAINED ON THE SERVICES (INCLUDING THE WEBSITE AND MOBILE APP), INCLUDING MEDICAL INFORMATION, LOCATION INFORMATION, ALERTS SENT TO CAREGIVERS IS ONLY FOR CAREGIVERS INFORMATION AND NOT TO BE PERCIEVED AS A COMMUNICATION ON YOUR BEHALF. MMW DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISTAKES IN THE OPERATION OF THE ALERT AS IT MAY PERTAIN TO YOUR HEALTH OR OVERALL WELLBEING. MMW ALSO DOES NOT ASSUME ANY LIABILITY DUE TO A FALL OR A SEIZURE, THE SERVICE IS SIMPLY PROVIDED TO ALERT YOUR DESIGNATED REPESENTATIVES, NOT TO GIVE SPECIFICS ON THE SEVERITY OF ANY SUCH ACCIDENT OR FALL.
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, MMW DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICES OR FOR ANY DOWNTIME IN THE OPERATION OF THE SERVICES.
3. SERVICE LICENSE AND INFORMATION
3.1. License. Subject to the terms of this Agreement, MMW grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Services solely for your personal, non-commercial purposes, and (ii) install and use the Mobile App, solely on your own handheld mobile device (e.g., smartphone, tablet or similar) and solely for your personal, non-commercial purposes.
3.2. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services (including the Website and Mobile App but excluding any User Content) are owned by MMW or MMW’s licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. MMW and its suppliers reserve all rights not granted in this Agreement.
4. USER CONTENT
4.1. Users will create a user profile (“Profile”) with MMW and are expected to allow usage of their location when the app is in use. Without proper location tracking, there would be no way to direct others to the location of an alert if necessary.
4.2. Users will also give permission for a doctor to monitor their vitals and data accordingly. The Services and specifically the MMW Fall app and MMW Epilepsy app are most useful when location data is being transmitted and the apps are monitoring the health of the individuals using the Services.
4.3. Please see our Privacy Policy for more information on how we treat your information.
5. INTERRUPTION OF SERVICE
5.1. Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that MMW, in its sole discretion, may elect to take. In no event will MMW be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
5.2. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for MMW to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
6. APP STORES, THIRD PARTY SITES & ADS; OTHER USERS
6.1. App Stores. You acknowledge and agree that the availability of the Services is dependent on the third party from which you received the Mobile App, e.g., the Apple iTunes store website, Google Play store website, etc. (“App Store”). You acknowledge that this Agreement is between you and MMW and not with the App Store. MMW, not the App Store, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Store. You acknowledge that the App Store (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right to enforce this Agreement.
6.2. The Services might contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of MMW and MMW is not responsible for any Third Party Sites & Ads. MMW provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6.3. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
7. DISCLAIMERS
THE SERVICES (INCLUDING THE WEBSITE, MOBILE APPS AND WEBSITE CONTENT) ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) MAKE NO WARRANTY THAT THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, OR WEBSITE CONTENT): (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) MAKE NO WARRANTY REGARDING THE THIRD PARTY SITES & ADS. PLEASE ALSO REVIEW THE SPECIFIC DISCLAIMERS IN SECTION 2.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, OR WEBSITE CONTENT), OR THIRD PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, AND WEBSITE CONTENT), AND THIRD PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, APPLE WATCH, ANDROID WATCH OR DEVICE, PEBBLE WATCH, OR ANY OTHER WATCH OR SMART DEVICE OR LOSS OF DATA RESULTING THEREFROM. AS PROVIDED IN SECTION 2, WE ARE NOT RESPONSIBLE FOR ANY HARM, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY AND WRONGFUL DEATH, ARISING OUT OF YOUR CONSUMPTION OR REFUSAL TO CONSUME ANY PRODUCT, OR YOUR PURCHASE OF ANY PRODUCT. WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF THE APPS, INCLUDING BUT NOT LIMITED TO A FAILURE TO CHARGE YOUR SMARTWATCH, IMPROPERLY SETTING UP ALERTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, OR WEBSITE CONTENT), FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID MMW IN THE PRIOR 12 MONTHS (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. INDEMNITY.
You agree to indemnify and hold MMW, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your User Content, or (iii) your violation of this Agreement. MMW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MMW. MMW will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your MMW Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your MMW Account and right to access and use the Services will terminate immediately. You understand that any termination of your MMW Account involves deletion of your User Content associated therewith from our live databases. MMW will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your MMW Account or deletion of your User Content.
11. GENERAL
11.1. Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2. Governing Law. This Agreement shall be governed by the laws of New South Wales, Australia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
11.3. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MMW’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
11.4 Copyright/Trademark Information. Copyright © 2017, MMW. All rights reserved. All trademarks, logos and service marks displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
12. PHONE CALLS, SMS AND AUTOMATED EMAILS
MMW may attempt to initiate contact with your listed emergency contacts via phone call, or text message when you fail to deactivate a warning alarm. You agree to inform your selected emergency contacts before listing them as emergency contacts with MMW, so that your listed emergency contacts consent to being listed. Your emergency contacts may be charged by their phone service carriers for calls placed to them, or text messages sent to them, initiated by MMW. MMW will not charge your emergency contacts, but MMW shall not be responsible for any charges your emergency contacts incur from receiving phone calls or text messages initiated by MMW. In addition, MMW may provide free or fee-based service automated email services (at its sole discretion) in which MMW attempts to send an automated email to your listed emergency contacts if you fail to deactivate a warning alarm.
13. APP STORE NOTICES
The following additional terms and conditions apply to you if you are using either Mobile App from any other App Store or provider.
1. Acknowledgement: MMW and you acknowledge that this Agreement is concluded between MMW and you only, and not with the App Store. MMW, not the App Store, is solely responsible for the Mobile App and the content thereof. To the extent this Agreement provides for usage rules for the Mobile App that are less restrictive than the Usage Rules set forth for Mobile Apps in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting App Store term applies.
2. Scope of License: The license granted to you for the Mobile App is limited to a non-transferable license to use the Mobile App on an iPhone OS, Pebble OS, Android, or any other system on any Smart Watch or product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: MMW is solely responsible for providing any maintenance and support services with respect to the Mobile App, as specified in this Agreement, or as required under applicable law. MMW and you acknowledge that App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
4. Warranty: MMW is solely responsible for any software product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MMW’s sole responsibility.
5. Product Claims: MMW and you acknowledge that MMW, not App Store, is responsible for addressing any claims of you or any third party relating to the Mobile App or your possession and/or use of that Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit MMW’s liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights: MMW and you acknowledge that, in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, MMW, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Name and Address: My Medic Watch Pty Ltd
PO Box 3308
St Pauls, NSW
2034, Australia
Any questions, complaints, or claims about this Agreement should be addressed to: hello@mymedicwatch.com.
9. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Mobile App.
10. Third Party Beneficiary: MMW and you acknowledge and agree that the App Store, and the App Store ‘s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, the App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
