Terms and Conditions
Personal emergency response systems (further referred to as "System") are generally classified into two types – ones that operate using sim cards and the others wireless. The systems loaned to the customer further referred to as "Subscriber") and is strictly recommended to be used only for personal emergencies. The Subscriber of the system can send an alarm signal if they need help or assistance by pressing the emergency button on the system or by pressing a wearable pendant (assuming the Subscriber is within range of the system). These units are owned by Mi Suraksha (further referred to as "Company") and are located at the Subscriber's premise. Company is responsible only for notifying the personal emergency contacts that the subscriber provides and provide ambulance services from the nearest available hospital (further referred to as “Responder”).
NOTE: It is the subscriber's responsibility to notify company of any and all changes with regard to address, emergency contact and billing information. Failure to do so may result in suspension of service or lack of promptness, adequacy in the actions of any responders.
During the term of this Agreement, Company will provide monitoring and notification services seven (7) days per week, twenty-four (24) hours per day. These services include the receipt, analysis of response to alarm signals and calls made through the System, and, if applicable, notification of [R1] location services through Company's server (further referred to as "Services"). In the event of a signal being received from the system, every reasonable effort will be made to promptly contact the Responder and provide an ambulance service to the Subscriber’s location. Further, the company is not responsible for any damage caused if the responder requires entering the subscriber’s home or other premises which may cause personal injury or loss.
The service does not include the cost of the ambulance services, the subscriber will have to pay for their services. The company therefore, does not take any monetary liability of paying for the ambulance services availed by the subscriber. It is under the accountability of the subscriber to pay for the utilized services.
i. We try to update the details of the hospitals within the state as frequently as possible. Since the updates from the registered government authorities happen only every six months,we will update our databases accordingly. Every 3 months we try to gather information from other reliable sources available but it would not guarantee the latest list. The company will not be responsible if a nearest hospital has been found than what we have in the database as there is always a delay in updating the hospitals list mentioned in clause i.
The Subscriber understands that billing commences on the date services are ordered (further referred to as 'Point of Sale') and will be charged to the payment method authorized at the point of sale for the amount specified by the company. The renewal payment will be due each billing cycle (monthly, quarterly, or annual) unless and until this Agreement is terminated. The Subscriber authorizes the Company to auto-withdraw the renewal payment using the default payment method on file at the time the subscription is scheduled to renew. The Subscriber agrees to pay all sales, service, property, use and local taxes, and any additional fees or charges arising under this Agreement. Balances that are over thirty (30) days past due will be subject to a monthly finance charge equal to 1.5% per month or the maximum allowable amount law. In the event that it becomes necessary for the company to undertake legal proceedings to collect payments due under this Agreement, the Subscriber agrees to reimburse all reasonable attorneys' fees associated with such collection action, except where prohibited by law.
This "Term and Condition of Use" shall begin when the payment of the System has been successfully processed and will continue unless and until terminated as provided below. The company in its sole discretion may suspend the Services or terminate this Agreement. The Subscriber may terminate this Agreement at any time by returning the equipment to the company at the Subscriber's expense. System should be returned to Mi Suraksha. Subscriber understands there is a three month minimum commitment for service. Any unused portion of the prepaid monitoring beyond the minimum three months will be returned to the Subscriber in the form of an electronic or check refund. In the event Subscriber cancels and equipment is returned within 10 calendar days from the point of sale, a full refund will be issued less a restocking fee of $50.
If Subscriber fails to make payment, Company will notify Subscriber of the date and the services will be terminated. All notifications of termination will be delivered to most recent billing address provided by the subscriber. Once services are terminated, the Company is not liable for injury or any expenses that may be incurred by the Subscriber as a result of services being terminated. If the company reactivates the services, the Subscriber shall pay, in advance, the company's then prevailing reconnection fee. If the System is not returned within thirty (30) days following the termination of the services, the Subscriber authorizes the Company to collect a one-time payment of One Hundred Fifty Dollars ($150.00) for the cost of system and its accessories using the default payment method on file.
The Subscriber is responsible for: (i) installing and testing the System in accordance with any applicable instructions, including performing a range test, and (ii) ensuring suitable electrical service for running the base system . The Subscriber may not alter, modify or attempt repairs on the system, or move the System to a new address, except pursuant to instructions from the Company or an authorized service representative. The subscriber must immediately notify the company of any changes in contact information or personal emergency contacts.
To avoid false alarms, the Company may first determine whether an actual emergency exists before it contacts any Responder. Company understands that false alarms can occur. However, in the event too many false alarms are ascertained, the Company is entitled to suspend or cancel the services with immediate effect. In addition to that, the Subscriber is responsible for any fines, penalties or other fees arising from a false alarm.
The service will be terminated if payments are not made for 2 months. If a payment is not made for any reason (including an expired credit card or insufficient funds in a checking account, the Subscriber agrees to pay Company a late charge of ‘X amount’ (of any payment due) for each late payment that is received by Company after the date on which such payment is due as agreed upon damages and not as a penalty.
The system may include, depending on the plan selected, a base station (cellular), cradle charger and a pendant. Before sending the system to the subscriber, the device is tested well and made sure it works and responds back properly.
The Subscriber is responsible for ensuring that the system is connected to a power source and make sure that the signal lights are working and the green signal is on. In case the system is not working, the subscriber needs to call the support team for a replacement device. The Company in its sole discretion, may repair or replace the system if it is damaged or is defective, unless (i) the System has previously been disassembled, repaired or modified by someone other than us or our authorized service representative or (ii) the System has been damaged as a result of negligence or misconduct by any person other than us or our authorized service representative. If the System is damaged as a result of (i) or (ii) above, the Subscriber shall pay us the replacement price of up to One Hundred Fifty Dollars ($150.00) for the System. The System and all monitoring software, computer codes and monitoring information remain the Company's sole and exclusive property. All the equipment should be tested on a monthly basis to confirm it is working properly.
LIMITATIONS OF THE SYSTEM AND SERVICES
Company is not responsible for the promptness, sufficiency or adequacy of the action of any Responder. Company will not send any of its personnel to the Subscriber location in response to an emergency signal. Neither the System nor the Services can prevent death, bodily or personal injury, or any other harm or damage to the Subscriber or others who use them. The System and the Services rely on the availability of the Subscriber home telephone service provider, cellular network coverage, to operate properly. These systems are provided by a third party and cannot be controlled by the Company. There is always a chance that the System may fail to operate properly. The company will try to reach all hospitals in the subscriber’s radius until an ambulance is called. There is always a chance of all the ambulances not being available. In such an event, timely alert will be sent to the subscriber updating the availability of the ambulance or emergency help service.
Mi Suraksha will not be responsible for the delay in Ambulance service and thereof any delay in the ambulance reaching the hospital.
The Company makes no guarantees or warranties of any kind relating to the System or the Services and expressly disclaims all warranties whether express or implied, written or oral, with respect to the System or the Services, including without limitation any warranty of merchantability or fitness for a particular purpose.
LIMITATION ON LAWSUITS
No lawsuit or any other legal proceeding brought in connection with this Agreement shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred. In addition, where permissible by law, each of the parties hereby waives its rights to a jury trial of any claim or action based upon or arising out of this Agreement, directly or indirectly, and/or the relationship that is being established among the parties here under. The scope of this waiver is intended to cover all disputes that may be filed in court, including without limitation contract, tort, breach of duty, and all other common law and statutory claims. This waiver is irrevocable and may not be modified either orally or in writing. This waiver applies to any future amendments, renewals, supplements or modifications of or to this Agreement. In the event of litigation covered by the scope of this waiver, this Agreement may be filed in court as a written consent to a trial by the court.
This Agreement constitutes the entire agreement and understanding between the Subscriber and the Company concerning the subject hereof and supersedes all prior discussions, agreements and representations, whether oral or written and whether or not executed. In the event that it should become necessary for the Company to institute legal proceedings to enforce any provision of this Agreement, the Subscriber agrees to pay Company reasonable attorneys' fees and costs, except where prohibited by law.