Terms of Use

INTRODUCTION:
These Terms & Conditions constitute an Agreement between SOS Watch ("we", "our", "us"), owned and operated by Mackamalil Health Pty Ltd with ABN 51158236367; and our User or Customer or Consumer ("you", "your", "yours").
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By accessing and using this website, you agree to be bound by these Terms & Conditions. We strongly recommend that you read these terms carefully before using the website or purchasing any products from us. Your use of the website or purchase of products constitutes your acceptance of these terms. If you do not agree with these Terms & Conditions or any part thereof, you must refrain from using the website.
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WEBSITE USE:
‍Your placement of an order or use of this website constitutes your acceptance of our policies, terms, and conditions, which form a binding contract between you and SOS Watch. These terms & conditions will be legally enforceable.
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We reserve the right to amend, update, or correct information on our website without prior notice.
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To use this website, you must be at least 18 years of age. By using the website and agreeing to these terms & conditions, you represent and warrant that you are at least 18 years old. This website uses cookies. By using this website and consenting to these terms & conditions, you agree to the use of cookies in accordance with SOS Watch’s Privacy Policy and Cookies Policy.
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DEFINITIONS IN THIS AGREEMENT:
Equipment means a device used to activate an alert.
‍Nominated Contact Person means any contact person(s) you have nominated during the Application Process.
Premises means the residential address of the individual wearing the SOS Watch.
Service means the 24/7 personal alarm service provided in accordance with this Agreement.
‍SOS Watch S4 or Device means a discreet, wearable device designed for individuals with disabilities. It operates on the 4G mobile network, allowing two-way communication and includes safety features for emergencies. Additionally, it provides time, weather, health data, and step count functions.
System means the system by which we provide the Service.


PRODUCTS AND TERMS OF PURCHASE:
We offer two emergency devices: the SOS Watch and the SOS Pendant. Each device includes a 4G SIM activated for emergency calling.
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Sales may be confirmed without full upfront payment. Clients who opt for monthly installments must pay fifty dollars ($50.00) upfront as the first month's lease. Subsequently, the client will pay fifty dollars ($50.00) per month for 12 months. The lease or installment period is fixed at 12 months.
A minimum subscription period of 6 months is required for all subscription plans. If you cancel your subscription within this 6-month period, you will be liable for a cancellation fee calculated based on the remaining period of your subscription. Cancellation requests are subject to a 1-month cooling-off period, during which you will receive a final invoice before your account is closed.
If further payments are not processed due to a canceled credit card, administrative charges will apply. Any late payments of monthly installments will incur a late fee of fifteen dollars ($15.00).
The free 4G mobile SIM card provided with each purchased package can be used on the client’s mobile phone. Calls and texts within Australia are free and subject to a fair use policy.
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ELECTRONIC PRODUCT REGISTRATION AND ACCOUNT SECURITY:
To purchase products or access our store, you may need to create an account. When you buy and install a new product, we might ask you to register it online. If you’re a new user, we’ll create a personal profile for you based on your registration details. If you already have a profile, we’ll update it with the new information.
Your account will have a unique identification number and a cookie will be placed on your device to keep track of your profile. This helps you navigate our website easily, download free software, and access premium content without having to re-enter your details. If you switch devices, just use your Registration ID to log in.
Keep your account details secure and let us know immediately if you suspect any unauthorized access. You are responsible for your account and password security. If others use your account credentials, you’re responsible for their actions.
We reserve the right to suspend or terminate any account if needed, for reasons including payment issues or breaches of our terms. We may also reclaim usernames if there are legal claims, including trademark rights.
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MONITORING – WHAT WE WILL DO
‍Once the SOS Watch is activated, we will monitor the devices on a monitoring plan 24 hours a day, every day of the year, throughout the duration of this Agreement.
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OTHER REQUIREMENTS
‍In addition to the other things you must do under this Agreement, you must:
Perform all equipment tests required for the proper functioning of the SOS Watch service; Notify us promptly if there are any changes to the information provided in the application form, including contact details, address, account information, or medical details; Provide any information we reasonably require regarding the SOS Watch or your suitability to use the service; and
Cover any fees incurred for the attendance of emergency services, such as an ambulance, at your premises.


‍FEES The Fees payable may include: Setup of the SOS Watch; Monthly monitoring fees; and
Any other fees, payments, or costs specified in these Terms & Conditions.We may adjust the fees for monthly monitoring with one month's notice of the change. Monitoring fees are payable in advance. Upon termination of this Agreement:We will deduct any outstanding amounts due under this Agreement from fees already paid; andWe will refund any remaining amount, including monthly monitoring fees paid for the period after the Agreement ends.


‍PAYMENT OF FEESYou must pay the Fees (including applicable GST):a) on the day specified in the invoice, orb) if no day is specified in the invoice, within 30 days after receiving an invoice from us.


GENERAL DISCLAIMER:
All information on this website (www.soswatch.com.au), including product details, policies, terms & conditions, and pricing, is provided and regulated by Mackamalil Health Pty Ltd. 
While we strive for accuracy, all content is subject to change without notice. Product images and graphics are representative, and prices displayed at the time of order placement are final.
If you access this site or its content through other platforms not controlled by SOS Watch, we are not responsible for the accuracy, reliability, or availability of the information. Relying on such information is at your own risk. We are not liable for any damage or loss, including indirect or consequential, arising from the use of SOS Watch.


COPYRIGHT:
All content on the SOS Watch website, including images, trademarks, logos, designs, graphics, and software, is owned by Mackamalil Health Pty Ltd and is protected under the Australian Copyright Act 1968, as amended, the Copyright Amendment Act 2006, and applicable international copyright laws.
No content may be modified, copied, distributed, or reproduced without our permission. You may download or print content for personal, non-commercial, or educational use only. Republishing or incorporating our content elsewhere is strictly prohibited.
Unauthorized use of any content, trademarks, or logos from this website is a violation of Australian copyright laws and other relevant international intellectual property laws.
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YOU MUST NOT:
In using our website, you must behave in a peaceful, civil, prudent and respectful manner at all times. Moreover, you will not and it is strictly prohibited to:Republish material from this website (including republication on another website);Sell, rent, or sub-license material from the website;Show any material from the website in public;Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;Edit or otherwise modify any material on the website; Redistribute material from this website except for content specifically and expressly made available for redistribution;Use, transmit, or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the SOS Watch Website in connection with your use of our website in accordance with this “Terms & Conditions”; orTake part in any activity that in any way is deemed to be void or illegal under any law.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
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ACCEPTABLE USE:
You must not use this website in any way that could damage, impair, or make it inaccessible, or for any unlawful, illegal, or harmful purposes. You must not use the site to distribute malicious software, conduct automated data collection, or send unsolicited communications. Marketing-related activities are prohibited without the express written consent of SOS Watch.


RESTRICTED ACCESS:
Access to certain areas of this website is restricted. SOS Watch reserves the right to restrict access to other areas of this website, or indeed this entire website, at SOS Watch’s discretion. If SOS Watch provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. SOS Watch may disable your user ID and password in SOS Watch sole discretion without notice or explanation.


USER CONTENT:
"Your user content" refers to any material you submit to this website. By submitting content, you grant SOS Watch a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, publish, and distribute it in any media. Your content must not be illegal, infringe on third-party rights, or be subject to any legal disputes. SOS Watch reserves the right to edit or remove any submitted content and does not guarantee to monitor all content submissions or publications.

NO WARRANTIES:
This website is provided "as is" without any express or implied representations or warranties. SOS Watch does not guarantee that:The website will be continuously available or accessible at all times; andThe information on this website is complete, accurate, true, or non-misleading.
Nothing on this website constitutes professional advice. If you need legal, financial, or medical advice, you should consult a qualified professional.


LIMITATIONS OF LIABILITY:
SOS Watch is not liable for any losses related to the use of this website, including:Direct losses when the website is provided free of charge;Indirect, special, or consequential losses; andBusiness-related losses, including lost revenue, profits, contracts, or data.
SOS Watch reserves the right to refuse or cancel unpaid orders without explanation. Liability is limited to direct, indirect, or special damages resulting from website use. You agree that SOS Watch is not responsible for any offensive or illegal content by third parties. If dissatisfied, your sole remedy is to stop using the website. We may investigate and take legal action against violations of our Terms & Conditions.
These liability limits apply even if SOS Watch has been advised of potential losses.


EXCEPTIONS:
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit SOS Watch liability in respect of any:Death or personal injury caused by SOS WATCH negligence;Fraud or fraudulent misrepresentation on the part of SOS Watch; orMatter which it would be illegal or unlawful for SOS Watch to exclude or limit, or to attempt or purport to exclude or limit, its liability.


REASONABLENESS:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.


OTHER PARTIES:
You agree not to hold SOS Watch's officers, employees, or affiliates personally liable for any losses related to the website. The limitations of liability and warranties in this disclaimer apply to SOS Watch, its officers, employees, agents, and affiliates.


UNENFORCEABLE PROVISIONS:
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer

‍INDEMNITY:
You agree to indemnify SOS Watch against any losses, damages, costs, or expenses arising from your breach of these terms & conditions or any related claims.


BREACHES OF THESE TERMS & CONDITIONS:
If you breach these terms & conditions, SOS Watch may take actions such as suspending or blocking your access to the website, contacting your internet service provider, or pursuing legal action.


TERMINATION:
We may terminate or suspend your account to SOS Watch and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of any clause of these Terms. If you wish to terminate your account, you may simply discontinue using our website.


VARIATION:
SOS Watch may revise these terms & conditions from time to time. Revised Terms & Conditions will apply to the use of this website from the date of the publication of the revised terms & conditions on this website. Please check this page regularly to ensure you are familiar with the current version.


ENTIRE AGREEMENTThis Agreement contains the entire Agreement between the parties in relation to the Services

‍GOVERNING LAWThis Agreement is governed by the law of Queensland, Australia.Any legal proceedings in relation to this Agreement must be brought in a Queensland Court.

How You Can Contact Us
‍If you have any questions regarding these Terms & Conditions, please contact us at the address provided below.
‍Address: PO BOX 100     Moorooka QLD 4105     Australia
‍Enquiries: info@soswatch.com.au
‍Phone: 1300767 225
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‍FYI: Please note the contents of this page can change without prior notice.

This Terms & Conditions was last updated on September 2024.