Version 4.1: 30 November 2021
Hardware includes nurse call units, nurse call sirens, evacuation triggers, evacuation sirens, touchscreen control units and other Emergency Alert associated components (Emergency Alert Hardware).
Software includes the operating system, smartphone app, and SMS notifications (Emergency Alert Software). The Emergency Alert Software can be managed via a user portal (User Portal).
These Terms are important as they set out what you can and cannot do with the Emergency Alert System Hardware and Software you have purchased. You should ensure that you read these Terms carefully and contact us with any questions about how to use your system. You can contact us by email: firstname.lastname@example.org
By purchasing, accessing, downloading, or using the Emergency Alert System Hardware or Software, you agree with these Terms and any additional terms, conditions, notices and disclaimers located on our website. If you do not agree to these Terms, please do not use the Emergency Alert System Hardware or Software.
By using the Emergency Alert System Hardware or Software, these Terms form a binding agreement between you and us, Vanguard Wireless Pty Ltd (ABN 78 169 681 805). Time is not of the essence in these Terms.
1) Purchase of Emergency Alert Hardware
Where you purchase our Emergency Alert Hardware, title, and risk transfers to you on payment of the purchase price.
You must set up and use our Emergency Alert Hardware in accordance with all instruction and operating material provided to you including that found on our website. You acknowledge and agree that:
2) Licence to use the Emergency Alert Software
Where your purchase includes Emergency Alert Software, we grant you a worldwide, non-exclusive and non-transferable licence to use our Emergency Alert Software in accordance with these Terms. You must not infringe or in any way undermine our right, title, and interest in the Emergency Alert Software.
You may only access and use the Emergency Alert Software in accordance with all instruction and operating material provided to you, including that found on our website, User Portal, and smartphone app. You acknowledge and agree that:
3) Intellectual Property Rights
Nothing in these Terms constitutes a transfer of any intellectual property rights. All material related to the Emergency Alert System Hardware and Software is owned or licensed by us and is available for your business use only under licence.
Our Emergency Alert System Hardware and Software is designed to be a part of your WH&S management systems and plan. We do not warrant that our Emergency Alert System Hardware and Software will control any risk, nor should our Emergency 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:
5) Operating System
The Emergency 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 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 are unsure of what connectivity you will 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. 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.
We aim to dispatch orders within two weeks of receipt of a correct Purchase Order or as agreed. If your order is delayed or you have any issues with placing an order, please contact us via email at email@example.com
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.
To the full extent permitted by law, we exclude all liability in, caused by, or related to, your non-compliance with clauses set out in these terms.
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, loss of functionality following the expiry of any subscription or failing payment by you, 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 Emergency Alert System Hardware or Software, to the maximum extent permitted by law, you must ensure that the third party has access to all instruction and operating material provided to you, and you indemnity us for any claim made by that or any other third party in connection with any use, attempted use, or misuse the Emergency Alert System.
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 7 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 are entitled to will depend on whether the issue is major or minor: 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. Major: When you have a major problem with a product or service, you have the right to choose a replacement or refund.
Should on-site assistance be required by you, a call out fee of $125 (which includes the first half hour on site) plus $95 per hour thereafter will be charged.
You will be responsible for such charges where you, or your representative, has requested on-site assistance.
Services subject to labour charges include but are not limited to: 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 Emergency Alert System purchase include: device monitoring, device reboot, remote software updates, new product development and testing. Interstate travel is subject to negotiation.
If you have a complaint about our Emergency Alert System Hardware or Software, or any other aspect of our business or products or services, please contact us via email at firstname.lastname@example.org
We will respond to any complaint within 48 hours of receipt of your complaint. If you are not happy with our proposed complaint 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.
This clause 10 applies where you are subscribed to the Emergency Alert Software. These Terms terminate automatically if, for any reason, we cease to operate the Emergency Alert System. Termination will not affect any of our 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; or if you fail to make any payment to us on or before any due date.
Where these Terms are terminated pursuant to this clause 10: your licence under to clause 2 is revoked and you no longer have any right to access the Emergency Alert Software; and you will no longer have access to our products or services.
You must not assign, sublicense 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.
These terms may change from time to time and will be available on this website.
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