These Terms of Service govern your use of the Aware Technologies (Australia) software application known as 'Aware' and form a legally binding agreement between Aware Technologies (Australia) as owner and operator of the Application and you.
It is important that you read these Terms before using the Application. If you have any questions, please contact us at info@awaretechnologies.com.au.
Acceptance and Use
By using the Aware application or purchasing our products, you agree to be bound by these Terms of Service.
Your use of the Application or any service or content provided through the Application shall be deemed to constitute your acceptance of these Terms. If you do not agree, you must cease using the Application immediately.
The Application is provided as a means to help monitor a resident's behaviour and in-home activity and receive notifications if unusual occurrences are detected.
The Application is intended for use by persons aged 18 and over.
Term of Services
The Services will commence on the Subscription Start Date and, subject to the continued payment of the Fees, continue for the Subscription Term.
Subject to payment and your compliance with these Terms, Aware Technologies will provide access to the Application and Services during the Subscription Term.
You grant Aware Technologies a non-exclusive, worldwide, royalty-free license to collect, host, copy, transmit, display and store Resident Data as necessary to provide the Services. Except as expressly set out in these Terms, Aware Technologies does not acquire any right, title or interest in or to any Resident Data.
Important Disclaimer
The Solution is intended to serve as a health and lifestyle monitoring tool using 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.
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.
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.
Payment Terms
You must provide Aware Technologies with accurate and complete billing information.
Aware Technologies will not be liable for any billing errors that occur as a result of you providing inaccurate billing information.
You must pay the Fees to Aware Technologies in accordance with these Terms.
Payment may be made by credit card, debit card or any other method we may specify via our payment gateway.
Definitions
- Application
- The software application known as 'Aware' and any other application software utilised in conjunction with the Hardware.
- Hardware
- Hardware installed at a resident's home, comprising of sensors supplied by Aware Technologies and any other associated hardware.
- Services
- The provision of notifications concerning a resident's activity to be provided by Aware Technologies to you.
- Solution
- The real-time home monitoring solution and notification system installed at a resident's home, including the Hardware and Application software.
- Resident
- The occupant of a living environment in which the Solution is installed whose behaviour and in-home activity you monitor using the Solution.
- Subscription Start Date
- 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.
Warranties and Limitations of Liability
Warranty Exclusions
To the extent permitted by law, all terms, conditions, warranties and representations, express or implied, relating to these Terms, the Application, the Hardware, the Services, the Solution and/or your use thereof are excluded. Aware Technologies makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information published on the Application.
Limitation of Liability
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.
In no event shall our aggregate liability to you arising out of or in connection with the Application or these Terms exceed the greater of one hundred dollars ($100) or the amount you have paid to us in the past six months.
Consumer Protection (Australian Consumer Law)
If you are a consumer under the Australian Consumer Law (ACL), the following applies:
- Our goods and services come with guarantees that cannot be excluded under the ACL.
- You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
- 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.
Termination
Aware Technologies may terminate these Terms and the provision of the Services immediately by written notice if you commit a material breach which is not capable of remedy or if you fail to remedy a material breach within 14 days of being notified.
Upon termination, all rights granted to you under these Terms will immediately cease and you must cease all activities authorised by these Terms.
General Provisions
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia. You hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia.
Entire Agreement
These Terms constitute the entire agreement between us and you with respect to your use of the Application and supersede all prior agreements and understandings.
Assignment
These Terms and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.
Questions About These Terms?
Our team is here to help you understand our terms and answer any questions you may have.
Email: info@awaretechnologies.com.au
Phone: +61370479596