Terms of Use

Please read this carefully before opening or using the Aware Technologies (Australia) Application.

These Terms of Use govern Your use of the Aware Technologies (Australia) software application known as ‘Aware’ (Application) and form a legally binding agreement between Aware Technologies (Australia) as owner and operator of the Application (Aware Technologies, us, we) and You in relation to Your use of the Application. It is important that you read these Terms of Use before using the Application. If You have any questions, please contact us at [email protected]. From time to time, these Terms of Use may change. Please check these Terms of Use regularly so you are aware of any changes. Once You have accepted these Terms of Use (see below) Your continued access to and use of the Application once You have been notified of any revisions or changes to these Terms of Use means that You accept those revisions or changes.

Definitions

Application means the software application known as ‘Aware’ and any other application software utilised in conjunction with the Hardware from time to time. Application Subscription means a subscription for access to the Application in order to receive the Services in accordance with these Terms of Use. Fees means the fees and charges charged by Aware Technologies for access to the Application and the associated Services. Hardware means hardware installed at a Resident’s home, comprising of sensors supplied by Aware Technologies and any other associated hardware. Aware Marks means a trade mark (whether registered or unregistered), logo, company name, business name or trading name, including all associated logos, get-up and goodwill, owned, licensed and/or used by Aware Technologies, including “Aware” and the Aware logo. Intellectual Property Rights means any and all intellectual property rights throughout the world, including: (i) any patent, copyright (including future copyright), trade mark (whether registered or unregistered), software, design, circuit layout right, trade, business or company name or other proprietary right, or any right to register such rights; and (ii) all present and future rights in an invention, discovery, trade secret, know-how, concept, idea, data or formula and rights in information, including any serendipitous discoveries, granted by law or equity from time to time under the law of any jurisdiction. Normal Support Hours means 8:30 am – 5 pm (Melbourne time) on Monday to Friday. Permitted Purpose means the purposes of monitoring the deviations in the Resident’s normal behaviour. Personal Information has the meaning given to that term in the Privacy Act. Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time. Resident means the occupant of a living environment in which the Solution is installed in order for Aware Technologies to provide its services, and whose behaviour and in-home activity You monitor using the Solution. Resident Data means all data and information that is uploaded to or entered into the Application which is about the Resident as part of or for the purpose of delivering the Services. Service means the provision of notifications concerning a Resident’s activity to be provided by Aware Technologies to You. Solution means the real-time home monitoring solution and notification system installed at a Resident’s home, including the Hardware. Specifically, the Solution incorporates both the Hardware and Application software. Subscription Start Date means the date on which the Hardware is installed successfully and the Application has completed the process of learning the Resident’s initial household behaviour patterns. Subscription Term means the subscription period applicable to an Application Subscription commencing on the Subscription Start Date and ending on the date that the Services are terminated in accordance with these Terms of Use. Support and Maintenance means the remote delivery of offsite advice, documentation, guides and assistance with Application software and Hardware faults during the Normal Support Hours and maintenance of Application software sufficient to deliver the Service. For avoidance of doubt, Support and Maintenance does not include onsite troubleshooting or the repair of any Hardware. Third Party Services means Services or technologies that are not exclusively owned or controlled by Aware Technologies or involve significant participation by a third party. You or Your means users of the Application including Residents, family members of Residents and persons or organizations who provide care to Residents.

Acceptance and use

(a) By using the Application You agree to be bound by these Terms of Use.
(b) Your use of the Application or any service or content provided through the Application shall be deemed to constitute Your acceptance of these Terms of Use. If You do not agree with these Terms of Use, You must cease using the Application immediately (and remove the Application from Your device).
(c) The Application is provided as a means to help monitor a Resident’s behaviour and in-home activity and receiving notifications if unusual occurrences are detected.
(d) The Application is intended for use by persons aged 18 and over.

Term of Services

(a) The Services will commence on the Subscription Start Date and, subject to the continued payment of the Fees, continue for the Subscription Term, unless terminated in accordance with item 14 of these Terms of Use, or as otherwise agreed between the parties.
(b) Subject to the payment of the Fees and the Your compliance with these Terms of Use, Aware Technologies will provide: (i) access to the Application; and (ii) the Services, during the Subscription Term.
(c) To the extent necessary by Law, You grant Aware Technologies a non-exclusive, worldwide, royalty-free license to: (i) collect, host, copy, transmit, display and store; and (ii) disclose, and provide access, to the Resident Data as necessary for Aware Technologies to provide the Services in accordance with these Terms of Use. Except as expressly set out in these Terms of Use, Aware Technologies does not acquire any right, title or interest in or to any Resident Data.

DISCLAIMER

(a) THE SOLUTION IS INTENDED TO SERVE AS A HEALTH AND LIFESTYLE MONITORING TOOL. THE SOLUTION USES SENSORS TO GATHER AND SHARE INFORMATION FROM A RESIDENT’S HOME. IT LEARNS DAILY ROUTINES USING ADVANCED ANALYTICS, THEN DETECTS CHANGES IN BEHAVIOUR WHICH MAY INDICATE DECLINES IN PHYSICAL AND MENTAL WELLBEING. THIS SOLUTION IS NOT INTENDED TO BE USED AS A MEDICAL DEVICE OR PROVIDE HEALTH CARE ADVICE.
(b) NEITHER THE SOLUTION NOR ANY INFORMATION PROVIDED BY THE SOLUTION IS INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL FAMILIAR WITH THE RESIDENT’S UNIQUE MEDICAL HISTORY AND CIRCUMSTANCES.
(c) YOUR USE OF THE SOLUTION IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE APPLICATION.
(d) WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON NOTIFICATIONS OR OTHER INFORMATION RECEIVED VIA THE APPLICATION. WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE OR LIABLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, OR TIMELINESS OF THE APPLICATION.

Payment

(a) You must provide Aware Technologies with accurate and complete billing information.
(b) Aware Technologies will not be liable for any billing errors that occur as a result of You providing inaccurate billing information.
(c) You must pay the Fees to Aware Technologies in accordance with these Terms of Use.
(d) Payment of the Fees may be made by credit card, debit card or any other method of payment we may specify from time to time via our payment gateway.

WARRANTIES

(a) To the extent permitted by law, all terms, conditions, warranties and representations, express or implied, relating to these Terms of Use, the Application, the Hardware, the Services, the Solution and/or Your use of the Application, the Hardware, the Services, the Solution and/or any other matter (whether or not the subject of these Terms of Use) are excluded.
(b) Without limiting the foregoing, Aware Technologies makes no representations or warranties about the: (i) accuracy, completeness, or suitability for any purpose of the information and related graphics published on the Application; (ii) reliability of any notification or information; (iii) availability of the Application or Services; and (iv) non-infringement of any third party rights.

LIMITATIONS OF LIABILITY

(a) YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR THESE TERMS OF USE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO US IN THE PAST SIX MONTHS.
(c) THE ABOVE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

CONSUMER PROTECTION

(a) If you are a consumer under the Australian Consumer Law (ACL), the following applies to you: (i) Our goods and services come with guarantees that cannot be excluded under the ACL. (ii) You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. (iii) You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

INDEMNITY

You agree to indemnify, defend, and hold harmless Aware Technologies, its officers, directors, employees, agents, licensors and suppliers (the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to Your account (including negligent or wrongful conduct) by You or any other person accessing the Application using Your account.

TERMINATION

(a) Aware Technologies may terminate these Terms of Use and the provision of the Services immediately by written notice to You if You commit a material breach of these Terms of Use which is not capable of remedy or if You commit a material breach of these Terms of Use which is capable of remedy and You fail to remedy that breach within 14 days of being notified in writing of the breach.
(b) Aware Technologies may terminate these Terms of Use and the provision of the Services immediately by written notice to You if You: (i) become insolvent, bankrupt, make any arrangement with or for the benefit of creditors, or go into voluntary or compulsory liquidation or receivership or have a receiver or manager or administrator appointed over Your assets; or (ii) discontinue Your business or if an event occurs which is analogous or has a substantially similar effect to any of the events specified in this paragraph.
(c) Upon termination of these Terms of Use: (i) all rights granted to You under these Terms of Use will immediately cease; and (ii) You must cease all activities authorised by these Terms of Use.
(d) Termination of these Terms of Use will not affect any of our rights or Your obligations arising under these Terms of Use prior to termination.

General provisions

(a) If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
(b) These Terms of Use shall be governed by and construed in accordance with the laws of Victoria, Australia, and You hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.
(c) These Terms of Use constitute the entire agreement between us and You with respect to Your use of the Application and supersede all prior agreements and understandings between us and You.
(d) Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
(e) Any failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
(f) These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction.
(g) The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.