SERVICE AGREEMENT FOR JUPL MOBILE
Terms and Conditions of Use
1. These terms
These are the terms and conditions on which we supply our Jupl Mobile app to you as a user.
Please read these terms carefully before you use the mobile app. These terms tell you how we will provide our goods and services to you, how you and we may change or end the agreement, what to do if there is a problem and other important information.
The following applies to the free version of the Service which is intended for personal/household use only.
2. Your agreement with Jupl
These General Terms apply to the Services we provide to users. Specific terms will also apply to your Plans and offers. If inconsistent with the general terms, the specific terms will apply instead.
We can contact you by publishing the information in a public notice online, or by email or text, or using any other contact details you provide to us. Please tell us as soon as possible if any of your contact details or other information you’ve given us changes.
We can change any of our terms and any of our Plans, Services, or Charges at any time. We can also withdraw any Plan or Service at any time. We can move you to a comparable Plan or Service if we withdraw your Plan or Service. We may notify you in advance depending on the nature of the change:
We’ll let you know directly at least 30 days before we make the change. If the detriment is material, we will let you terminate any fixed term contract, or change plans, without an early termination charge or transfer fee.
If the change will have a neutral or positive effect on you, or if the change is required by a legal or regulatory change or is necessary for security reasons, to prevent fraud, or for technical reasons, we can make the change without giving you notice.
We will provide the Services to you on a month by month basis until they are cancelled in accordance with this Agreement. Your contract term will start from the date your Service is made available to you unless specified otherwise in the Plan terms.
We reserve the right to use the information collected by our Service in accordance with our Privacy Policy.
3. Your responsibilities
You agree to enable all the features listed in the Specifications section of this agreement.
You accept that by pressing the trigger button on the freemium mobile app, the device is not intended to connect you to a 24 / 7 emergency services but instead to a nominated contact only.
You accept that your nominated Carer(s) has access to your device’s location.
You have ensured that your nominated Carer contact(s) are aware of any responsibilities or actions that they might need to take in the event of an activation.
4. How we provide our Services
Our Services depend on various factors beyond our control, including network, hardware and software reliability and we cannot guarantee that they will always work perfectly.
You may not receive some or all of the Services in certain areas or at certain times. We may need to temporarily suspend a Service so that we or our suppliers can carry out maintenance and development work on the Network.
We are free to choose how we provide a Service and the technology used to provide it. You agree to provide us with all information, assistance and consents reasonably requested to enable us, our contractors or suppliers to obtain authorisations, licences or consents that may be required to provide Services to you.
5. When you can change or cancel your Services
You can cancel your Service at any time by uninstalling the application.
6. When we can restrict or cancel your Services
We may restrict, suspend, or cancel your Services if:
the health and safety of any person or the safety and security of our Network is at risk;
for commercial reasons we can't provide the Service;
the Service is permanently or temporarily unavailable for any reason;
you use our Services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright) or is likely to damage or negatively impact the operation of our Network, the Services or a third party’s network;
you resell or resupply a Service, or use it other than for ordinary personal, domestic and household purposes;
you do not follow our reasonable instructions in relation to your use of the Services;
we reasonably consider you to be a risk; or
You are otherwise in material breach of this Agreement and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so.
7. Limits of liability
To the greatest extent permitted by law, Jupl and its’ suppliers, are not liable (in any way and for any reason whatsoever including negligence) for any act or default or omission of, or any representation made by, any person other than Jupl or its agents.
You accept liability to us for your breach of contract or negligence, but you will not be liable for any loss to the extent it is caused by us.
8. Safety and security
You are responsible for maintaining the security of any access codes or passwords used to access your Services or account information.
If your device is lost or stolen, you must contact Jupl immediately so that we can prevent your mobile Services from being used. We will not be responsible for any loss you suffer as a result of the loss, theft, damage to, or unauthorised use of your mobile device or SIM card, or from any virus or malware or loss of information.
We make no representations or warranties concerning the security or content of information passing over our Network.
9. Our right to make changes
Jupl reserve the right to update the Products and Services at any time to:
Reflect changes in laws and regulatory requirements; and
To implement technical adjustments and improvements
Jupl reserves the right to adjust these Terms and Conditions. We will notify you by your preferred method of contact of any changes that affect you.
10.Miscellaneous
Although we make every effort to ensure that all of our information and specifications are up to date, our products may vary slightly from their representation on our website or any collateral that we may provide.
If any clause, or part of a clause, in this Agreement is found to be unfair or unenforceable, the rest of the Agreement will continue to apply.
If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.
New Zealand law applies to this Agreement and our Services. You agree that a New Zealand court will hear any claims.
11.Glossary
Words which start with a capital letter in these terms have the defined meaning set out below.
Agreement – these Consumer Terms and Conditions between us and you, together with any other relevant terms and conditions that apply to your Plan.
Carers – Friends, family or caregivers of the Wearer who have been given consent by the Wearer to monitor and track them via data received from the watch.
Network – the communication systems we use to provide the Services.
Product/Services – the device as well as any on-device firmware, mobile app or access to our cloud platform that we or our agents may provide you.
Wearer – The individual who downloads and/or installs the Service on their mobile handset.