Terms and Conditions
These terms and conditions govern your use of this SOS Pendant website (“we”, “our”, “us”), owned and operated by the Mackamalil Health Pty Ltd; by using this website, user or customers (“you”, “your”, “yours”) accept these terms and conditions. We highly recommend our users or customers or consumers (“you”, “your”, “yours”) to read the following terms and conditions before using our website or purchasing any product(from our website, as by using our website or purchasing any product(s) from us, you acknowledge and agree to accept this terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Your placement of an order or any use of this website indicate your acceptance our policies and terms and conditions which will constitute a contract between you and “SOS Pendant ”, and these terms and conditions will be legally binding on you.
We reserve the right to correct, edit, change or update information on our website without any prior notice.
Products and Terms of Purchase:
We are offering an emergency device, either an SOS Watch or SOS Pendant. Those devices included with an iOT SIM. We are offering a free 4G SIM to our customer for use in their mobile with every device purchase from SOS Pendant. The sale may confirm without a full upfront payment. Purchasing any products without full upfront payments, the clients have the option to buy with monthly installments, where the client needs to pay fifty dollars ($50) upfront as the first-month lease to receive the product. Following this the client needs to pay fifty dollars ($50) per month for 12 months. There is a fixed lease or installments period for 12 months. Early termination of the lease will require payment for the 12 months at a time.
If further payments are not processed due to the canceled credit card, then administrative charges will apply. Any monthly late payments of monthly installment will incur a late fee of fifteen dollars ($15).
Free 4G Mobile SIM card given with every purchased package can be used in the client’s mobiles. All calls and texts within Australia are free and fair use policy may apply.
Electronic Product Registration and Account Security:
You may need to register for an account to make any purchase or access our store .When you buy and install a new product; we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you’ve already left with us (we call that information your personal profile). If you haven’t previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can visit the Profile Center, click on Update Profile, and edit any of the Personal Information in your profile. If you haven’t already created a Registration ID, we will ask you to do so. This ensures that only you can access your information.
As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile. When you register, we create your profile, assign a personal identification number, and then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across SOS Pendant website allowing you to download free software, order free newsletters, and visit premium sites without having to fill out registration forms with information you’ve already provided. Even if you switch computers, you won’t have to re-register – just use your Registration ID to identify yourself.
You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. Your use of our site and software is at your own risk. We cannot guarantee the security of any data passing through our networks. You agree to be responsible for safeguarding your data, including usernames, passwords, and content.
In its sole discretion, the SOS Pendant may suspend or terminate any account, part of function and service of any account, for whatever reason, including but not limited to, any delay of payment, delivery, breach of contract, infringement of third party rights, or creating any liability for the Site or SOS Pendant.
We reserve the right to reclaim user names, including on behalf of businesses or individuals that hold the legal claim, including trademark rights, in those user names.
All information including Product(s) Information, Policies, Term and Condition, Pricing and other items contain in this website (www.sospendant.com.au) provided and regulated by Mackamalil Health Pty Ltd. are accurate and subject to change without any notice. All product(s) images and other graphics on this website are displaying as representation of original product(s). Product(s) price displaying on this website will be count as final at time of placement of orders.
If you obtain this website link or any information contained in this site in any other place or website which nature and availability are not controlled by SOS Pendant , we are not responsible of any type, express or implied, about the accuracy, reliability or availability regarding with SOS Pendant or any other product(s) information and image or corresponding graphics on SOS Pendant for any purpose. Trusting on such information will be at your own risk. We will not be liable for any harm or damage, including indirect or considerable loss of data or interest arise out of or connecting with the use of SOS Pendant.
All the content including but not limited to, image, trademark, service mark, logo, design, icon, graphic, product(s) image, illustration, software and all other information used in SOS Pendant website, are legally owned by Mackamalil Health Pty Ltd, and protected by Australian Copyright Act, 1968 & Copyright Amendment Act 2006 and other applicable international copyrights law.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. You may download or print a copy of any portion of the content from our website, only for the personal or non-commercial or education use. You may not republish any of our content on any other place of internet or extranet or incorporate the information in any other database or compilation. Any other use of the content is strictly prohibited.
Any personal or commercial use of this website or any content, image, design, logo, trademark, service mark or any other information inserted in this website are strictly prohibited to any unauthorized person. Any unauthorized use of such content, image, trademark, service mark, logo, icon, graphic, software and all other information appeared on the SOS Pendant website will deem to be violation of Australian Copyright Act, 1968 & Copyright Amendment Act 2006, Digital Millennium Copyright Act (DMCA), 1998 and other applicable international intellectual property law.
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; or
- 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 Pendant Website in connection with your use of our Website in accordance with this “Terms and Conditions”.
- Take part in any activity that in any way 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.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SOS Pendant express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without SOS Pendant express written consent.
Access to certain areas of this website is restricted. SOS Pendant reserves the right to restrict access to other areas of this website, or indeed this entire website, at SOS Pendant discretion. If SOS Pendant 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 Pendant may disable your user ID and password in SOS Pendant sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to SOS Pendant a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to SOS Pendant the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or SOS Pendant or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. SOS Pendant reserves the right to edit or remove any material submitted to this website, or stored on SOS Pendant servers, or hosted or published upon this website. Notwithstanding SOS Pendant rights under these terms and conditions in relation to user content, SOS Pendant does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. SOS Pendant makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, SOS Pendant does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability:
SOS Pendant will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Please note SOS Pendant reserve the right to refuse any order(s) or cancellation of any non-paid order(s) without showing any reason.
- The liability of SOS Pendant shall be limited to you or any other person for any direct, indirect, or special damages or losses, resulting from the use or unable to use the website.
- These “Terms and Conditions” shall be limited to, if any loss or damage arises by the reason of any theft of property belonging to the users or for any loss or damage, in which the Users have any contribution to such loss or damage.
These limitations of liability apply even if SOS Pendant has been expressly advised of the potential loss.
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 Pendant liability in respect of any:
- death or personal injury caused by SOS Pendant negligence;
- fraud or fraudulent misrepresentation on the part of SOS Pendant ; or
- Matter which it would be illegal or unlawful for SOS Pendant to exclude or limit, or to attempt or purport to exclude or limit, its liability.
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.
You accept that, as a limited liability entity, SOS Pendant has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SOS Pendant officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SOS Pendant officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SOS Pendant.
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.
You hereby indemnify SOS Pendant and undertake to keep SOS Pendant indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SOS Pendant to a third party in settlement of a claim or dispute on the advice of SOS Pendant legal advisers) incurred or suffered by SOS Pendant arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions:
Without prejudice to SOS Pendant other rights under these terms and conditions, if you breach these terms and conditions in any way, SOS Pendant may take such action as SOS Pendant deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
We may terminate or suspend your account to SOS Pendant 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 this Terms. If you wish to terminate your account, you may simply discontinue using our website.
As some jurisdictions do not allow some of the exclusions or limitations as established in these “Terms and Conditions” some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. SOS Pendant may plead these “Terms and Conditions” in a bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any complaint or otherwise in respect of this “Terms and Conditions”.
Governing Law and Jurisdiction:
If any part of these “Terms and Conditions” deemed to be unlawful, void, or unenforceable then that part will be deemed to be severable and will not affect the validity and enforceability of the remaining parts.
Our failure to enforce any right or provision of these “Terms and Conditions” will not be considered a waiver of those rights. If any provision of these “Terms and Conditions” is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
If there is any dispute, claim or complain about or involving the use of our Website or store, it will be managed by our support center first. If matters progress to a legal stage then any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Jurisdiction.
To the extent, any complaint, dispute or controversy regarding the use of our website isn’t arbitrable under applicable laws or otherwise, you and SOS Pendant both agree that any claim or dispute regarding our website will be resolved exclusively in accordance with these “Terms and Conditions”.
SOS Pendant may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
SOS Pendant may transfer, sub-contract or otherwise deal with SOS Pendant rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with Documents, constitute the entire agreement between you and SOS Pendant in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Change of Terms:
Time to time with the needs or in any necessary circumstances, these term and conditions can be edit, modify, or changed without any prior notice. Your regular use of this site will indicate your consent of such changes.
How You Can Contact Us
Feel free if you have any question regarding this Terms and Conditions, please contact us using the address mentioning below:
Address: Unit 1/1 Livingstone st, Yeerongpillly, QLD 4105
Phone : 1300 767 225
FYI: Please note the contents of this page can change without prior notice.
This Terms and Conditions was last updated on November 2018