Terms Of Use

Approval Date [02/12/2019]

Approved By [IK]

 Version 2.1: 2 December 2019

 

These terms of use (Terms) govern your use of our Safety Alert System including associated hardware and software. Hardware includes nurse call units, nurse call sirens, evacuation triggers, evacuation sirens, touchscreen control units and other associated components (Safety Alert Hardware). Software includes the operating system, smartphone app, and SMS notifications (Safety Alert Software).

These Terms are important as they set out what you can and cannot do with the Safety Alert Hardware and Safety Alert Software you have purchased. You should ensure that you read these Terms carefully and contact us with any questions use. You can contact us by email at info@vanguardwireless.com.au.  

By purchasing, accessing, downloading or using the Safety Alert Hardware and the Safety Alert Software, you agree with these Terms and any additional terms, conditions, notices and disclaimers located on our website. If you do not agree to the Terms, please do not use the Safety Alert Hardware and Safety Alert Software.

By using the Safety Alert Hardware and Safety Alert Software, these Terms form a binding agreement between you and us, Vanguard Wireless.

  1. Purchase of Safety Alert Hardware
    • Where you purchase Safety Alert Hardware title and risk transfers to you on payment of the purchase price.
    • You must set up and use Safety Alert Hardware in accordance with all instruction and operating material provided to you including that found on our website.
    • You acknowledge and agree that:
      • You are responsible for the appointment of a dedicated manager who is inducted on how the system works, and who then inducts any other users;
      • You must ensure devices are located and installed within range to ensure optimum system connectivity;
      • You are solely responsible for the use of the Safety Alert Hardware including any alerts that are sent or received;
      • You must conduct your own regular tests of the Safety Alert Hardware and ensure that it is functioning and connected at all times.
    • Where our Safety Alert Hardware is integrated with a third-party system, you are solely responsible for the functionality of the third-party system and we provide no warranties as to the third party system.
    • All Safety Alert hardware is covered under a 12-month warranty (from the time of install).
  2. Licence to use the Safety Alert Software
    • Where your purchase includes Safety Alert Software, we grant you a non-exclusive, worldwide, non-transferable licence to use our Safety Alert Software in accordance with these Terms.
    • You may only access and use the Safety Alert Software in accordance with all instruction and operating material provided to you including that found on our website.
    • You acknowledge and agree that:
      • You are responsible for the appointment of a dedicated manager who is inducted on how the system works, and who then inducts any other users;
      • You are responsible for ensuring a continued internet connection (where required) and for updating software where the software needs to be updated manually;
      • You must name and rename devices to clearly indicate their location to users of the system;
      • You are responsible for adding and removing users of the system and applying the appropriate authorisations;
      • You must use the Safety Alert Software to monitor any power and/or connectivity issues and address them immediately;
      • You are solely responsible for the use of the Safety Alert Software including any alerts that are sent or received;
      • You must conduct your own regular tests of the Safety Alert Software and ensure that it is functioning and correctly at all times.

2.4       Where our Safety Alert Software is integrated with a third-party system, you are solely responsible for the functionality of the third party system and we provide no warranties as to the third party system.

  1. Intellectual Property Rights
    • Nothing in these Terms constitutes a transfer of any intellectual property rights. All material in the Safety Alert Hardware and Safety Alert Software is owned or licensed by us and is available for your business use only.
  2. Warranties
    • Our Safety Alert Hardware and Safety Alert Software is designed to be a part of your WH&S management systems and plan.
    • We do not warrant that our Safety Alert Hardware and Safety Alert Software will control any risk nor should our Safety Alert System operate in isolation. It is your responsibility to review the adequacy of your WH&S management systems and plan.
    • You represent and warrant to us that:
      • you have the legal capacity to comply with these Terms; and
      • you have complied with clause 1.2.
  1. Software
    • The Safety Alert System is underpinned by Vanguard Wireless' operating system and smartphone app (Android and iOS).
    • If you have purchased a system that integrates with the Touchscreen Control Unit (TCU) you will use our operating system. You can opt into integrating the smartphone app and SMS notifications.
    • A permanent, high-speed internet connection is required for your TCU if you wish to use Vanguard Wireless' online platform, smartphone app and/or SMS notifications.
    • You will also need your TCU to connect to the internet if you wish the Vanguard Wireless customer care team to assist you with managing your system. If you’re unsure of what connectivity you’ll be able to access on site, we recommend opting into the SIM only option for your TCU.
    • If you do not wish to connect to the internet, the system will still work in a localised manner utilising a mesh radio frequency network.
    • If you have purchased a standalone system that does not integrate with the Touchscreen Control Unit (TCU) you will not have access to our operating system. You will not be able to send alerts to personnel. You will not be able to opt into integrating the smartphone app.
    • If you have purchased one of our Cellular devices, you will need to opt into the device SIM plan times however months it will be on site. You will need to purchase additional monthly plans should your requirement for the SIM enabled device be extended.
    • Any smartphone application or SIM plan will renew at the end of each month in accordance with your purchase order unless you cancel in writing.
  2. Purchases
    • We aim to dispatch orders within two weeks of receipt of a correct Purchase Order or as agreed on a per project basis. If your order is delayed or you have any issues with placing an order, please contact us via email at info@vanguardwireless.com.au.
    • Deliveries to site must be accepted and signed for by an authorised recipient of the goods.
    • If you meet the order volume criteria, you may be eligible for our Vanguard Partner Program, which offers tiered pricing, four complimentary maintenance call outs per year, and extended warranty for the life of the project. To learn more speak to our sales team.
    • All limited and special subscription offers will be subject to their own terms and conditions which may include specific product configurations, order volumes and expiry dates. To take an offer, ensure that you follow all instructions before the offer expiry date.
  3. Liability
    • To the full extent permitted by law, we exclude all liability in respect of loss of any personal injury, any financial loss due to site shut downs/stop work orders, any damage to person or property, any death, any loss of data, any interruption of business or any consequential or incidental damages.
    • To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
    • If you allow a third party to use our Safety Alert Hardware or Safety Alert Software, to the maximum extent permitted by law, you must ensure that the third party has access to all instruction and operating material provided and you indemnity us for any claim made by that or any other third party in connection with any use, attempted use, or misuse.
    • These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
      • in the case of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of the goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of having the goods repaired, and
      • in the case of services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption:
        • the supply of the services again; or
        • the payment of the cost of having the services supplied again.
      • This clause 6 is to be read subject to the various statutory guarantees set out in Australian Consumer Law. Under Australian Consumer Law, you have certain rights which cannot be excluded. The remedy you're entitled to will depend on whether the issue is major or minor. If you have a minor problem with a product or service, we can choose to give you a free repair or resupply the services instead of giving you a replacement or refund. When you have a major problem with a product or service, you have the right to choose a replacement or refund.
  1. Labour
    • Should on-site assistance be required, a call out fee of $125 (which includes the first half hour on site) plus $95 per hour thereafter will be charged.
    • Services subject to labour charges include: troubleshooting device/internet connectivity, battery changing, device locating/relocating, device set up, device decommissioning/recommissioning, user set up, user induction, and correcting user mistakes.
    • Services included as part of the Safety Alert System purchase include: device malfunction, device irresponsiveness, device reboot, manual software updates, new product development and testing.
    • Interstate travel is subject to negotiation.
  2. Complaints
    • If you have a complaint about our Safety Alert Hardware or Safety Alert Software, or any other aspect of our business, please contact us via email at info@vanguardwireless.com.au.
    • We will respond to any complaint within 48 hours of receipt.
    • We will aim to resolve all complaints within 48 hours of receipt.
    • If you are not happy with our proposed resolution, you may request an internal review and escalation where a senior manager will review your complaint and either affirm or amend the proposed resolution.
  3. Termination
    • This clause 8 applies where you are subscribed to the Safety Alert Software.
    • These Terms terminate automatically if, for any reason, we cease to operate the Safety Alert System. Termination will not affect any accrued rights or obligations.
    • We may terminate these Terms, on notice to you, if you have breached these Terms and such a breach causes or has the potential to cause any loss or harm to us or to you. On termination of our agreement with you, you will no longer have the right to access the Safety Alert Software.
  4. General
    • You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
    • If a provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    • This Agreement is governed by the laws of New South Wales, and each party submits to the jurisdiction of the courts of New South Wales.

terms of use Updates

These terms may change from time to time and will be available on this website.

terms of use Complaints and Enquiries

If you have any queries or complaints about our Terms Of Use please contact us at:

Vanguard Wireless

info@vanguardwireless.com.au

+61 2 9011 7171