Terms and Conditions of Service
1. Introduction
These Terms and Conditions of Service (“Terms”) govern your use of the Life Alarm Personal Emergency Response System (“System”), including the mobile device, monitoring services, and any related software or applications (“Services”). This System is provided by 2165954 Ontario Inc., o/a Life Alarm (“Life Alarm”), located at 2688 River Dr. Wardsville, Ontario, N0L 2N0, 1-888-593-5335. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.
2. System Description
The System is designed to provide emergency assistance to users. Key features may include:
● Mobile Device: A wearable device equipped with GPS tracking, two-way voice communication, and fall detection capabilities.
● Monitoring Services: 24/7 professional monitoring by Life Alarm’s certified operators.
● Emergency Response: In case of an emergency (e.g., fall, medical issue), users can activate the device to contact the monitoring center. Operators will assess the situation and dispatch appropriate assistance (e.g., emergency medical services, family member).
3. Service Subscription
● Subscription Agreement: Your use of the Services requires a valid subscription agreement with Life Alarm.
● Automatic Renewal: Subscriptions renew automatically unless you provide written or verbal cancellation notice to Life Alarm at least 30 days prior to the next renewal date.
● Service Fees: Service fees are subject to change upon 30 days’ written notice from Life Alarm.
● Termination: Life Alarm reserves the right to terminate your subscription at any time with or without cause, including but not limited to:
○ Non-payment of service fees.
○ Breach of these Terms.
○ Suspected or actual abuse of the System.
○ System malfunction or unavailability.
4. User Responsibilities
● Device Care: You are responsible for the proper care and maintenance of the mobile device.
● Accurate Information: You must provide and maintain accurate and up-to-date contact information for emergency contacts and other relevant parties.
● System Usage: Use the System responsibly and only for its intended purpose.
● Third-Party Services: You are responsible for any charges associated with third-party services used in conjunction with the System (e.g., cellular data).
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF2 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.3 LIFE ALARM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM WILL MEET YOUR SPECIFIC REQUIREMENTS.
6. Limitation of Liability
IN NO EVENT SHALL LIFE ALARM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY4 TO USE THE SERVICES, EVEN IF LIFE ALARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIFE ALARM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO LIFE ALARM FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
7. Indemnification
You agree to indemnify and hold harmless Life Alarm and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses5 (including attorneys’ fees) arising out of or relating to your use of the Services, your violation of these Terms, or your negligence.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal6 laws of Canada applicable therein, without regard to its conflict of law provisions.
9. Dispute Resolution
Any dispute arising out of or relating to these Terms shall be subject to binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall be conducted in London, Ontario, Canada.
10. Changes to Terms
Life Alarm may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website or9 by other reasonable means. Your continued use of the Services after the effective date of any such changes constitutes your acceptance of the new Terms.
11. Privacy Policy
Life Alarm is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and disclose your personal information in connection with your use of the Services.
12. Information Collection
We may collect the following types of personal information:
● Contact Information: Name, address, phone number, email address.
● Medical Information: Emergency contacts, medical conditions, medications.
● Device Usage Data: GPS location data, call logs, fall detection data.
● Payment Information: Credit card information, billing address.
13. Information Use
We use your personal information for the following purposes:
● Providing the Services: Delivering emergency response services, monitoring your device, processing payments.
● Improving the Services: Analyzing usage data to improve the functionality and effectiveness of the System.
● Customer Support: Responding to your inquiries and providing customer support.
● Marketing and Communication: Sending you promotional materials and service updates (you may opt-out at any time).
● Compliance: Complying with legal and regulatory requirements.
14. Information Sharing
We may share your personal information with:
● Emergency Services: Law enforcement, fire departments, emergency medical services.
● Family Members and Caregivers: As designated by you.
● Service Providers: Third-party service providers who assist us in providing the Services (e.g., payment processors, data processors).
● Law Enforcement: As required by law or in response to a valid legal request.
15. Data Security
We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the internet or method of electronic storage is 100% secure.
16. Data Retention
We will retain your personal information for as long as necessary to fulfill the purposes for which it was collected or as required by law.
17. Your Rights
You have the right to:
● Access: Request access to your personal information.
● Correction: Request correction of any inaccurate or incomplete information.
● Erasure: Request deletion of your personal information.
● Restriction: Request restriction of processing your personal information.
● Data Portability: Request transfer of your personal information to another entity.
● Withdraw Consent: Withdraw your consent to the processing of your personal information at any time.
18. Contact Us
If you have any questions about this Privacy Policy or our privacy practices, please contact us at:
Life Alarm 2688 River Dr. Wardsville, Ontario, N0L 2N0 Tel. 1-888-593-5335, Email - info@lifealarm.ca
19. Changes to Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the updated policy on our website or by other reasonable means.
Disclaimer: This is a sample document and may not be suitable for all situations. It is recommended that you consult with legal counsel to ensure that these Terms and Conditions of Service and Privacy Policy comply with all applicable laws and regulations.