Terms & Conditions

1. Agreement to Terms

By purchasing, using, or accessing EvaGuard personal alarm services and products ("Services"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, do not use our Services.

These terms constitute a legally binding agreement between you ("User", "you", or "your") and EvaGuard ("EvaGuard", "we", "us", or "our").

2. Service Description

EvaGuard provides personal alarm devices and emergency response services designed to help users quickly access assistance in emergency situations. Our services include:

• Personal alarm devices (Freedom+, SenseWatch, SafeLink, EvaRange)
• 24/7 emergency monitoring (Assist and Support plans)
• GPS location tracking
• Two-way voice communication
• Emergency contact coordination
• Fall detection (SenseWatch only)

3. Eligibility

You must be at least 18 years old to purchase our Services. If you are purchasing on behalf of someone else, you confirm that you have their authorization to do so.

4. Device Purchase and Pricing

Device Costs

• Freedom+: $399
• SenseWatch: $399
• SafeLink: $499
• EvaRange: $100

Monthly Service Plans

• Solo:Solo: BYO-SIM or $29/month for Eva SIM
• Assist: $49/month (includes 24/7 monitoring)
• Support: $99/month (includes monitoring and insurance)

All prices are in Australian Dollars (AUD) and include GST. Prices are subject to change with 30 days' notice.

5. Payment Terms

• Device purchases are one-time payments due at the time of order
• Monthly service fees are billed in advance on a recurring basis
• Payment must be made by credit card, debit card, or approved payment method
• Failed payments may result in service suspension
• You are responsible for keeping your payment information current

6. Refund Policy

Device Refunds

We offer a 30-day money-back guarantee on all devices. If you are not satisfied with your device, you may return it within 30 days of purchase for a full refund, provided:

• The device is in original condition with all packaging and accessories
• The device shows no signs of damage or excessive wear
• You provide proof of purchase
• Return shipping costs are your responsibility unless the device is faulty

Service Plan Refunds

• Monthly service fees are non-refundable once the billing period has started
• You may cancel your service plan at any time, effective at the end of the current billing period
• No refunds are provided for partial months of service
• If we cancel your service due to breach of terms, no refund will be provided

Faulty Devices

If a device is faulty or defective, we will repair or replace it free of charge during the warranty period. Contact us immediately if you believe your device is faulty.

NDIS and Aged Care Funded Purchases

Refund policies for NDIS and Aged Care funded purchases may differ. Please refer to your plan manager or contact us for specific terms.

7. Cancellation and Termination

Your Right to Cancel

You may cancel your monthly service plan at any time by:

• Contacting our customer service team
• Providing at least 7 days' notice
• Cancellation takes effect at the end of your current billing period

Our Right to Terminate

We may suspend or terminate your service if:

• You breach these Terms and Conditions
• Payment fails or is not received
• You misuse the service or device
• Fraudulent activity is detected

8. Warranty

All devices come with a 12-month manufacturer's warranty covering defects in materials and workmanship. The warranty does not cover:

• Damage caused by misuse, abuse, or accidents
• Normal wear and tear
• Water damage (except for rated waterproof devices)
• Unauthorized modifications or repairs
• Lost or stolen devices

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

9. Service Limitations and Disclaimers

IMPORTANT: While our devices and services are designed to provide emergency assistance, they are not foolproof and should not be your only safety measure.

• Service depends on mobile network coverage and availability
• GPS accuracy may vary based on location and environmental factors
• Response times may vary depending on circumstances
• Fall detection is not 100% accurate and may not detect all falls
• Battery life estimates are approximate and depend on usage
• We cannot guarantee emergency services will always be available
• Devices must be charged and activated to function

10. User Responsibilities

You agree to:

• Keep your device charged and properly maintained
• Test your device regularly to ensure it works
• Provide accurate personal and emergency contact information
• Update your information if it changes
• Only use the device for genuine emergencies
• Not misuse or tamper with the device
• Follow all instructions and guidelines provided
• Pay all fees on time

11. Limitation of Liability

To the maximum extent permitted by law, EvaGuard, its directors, employees, and agents will not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Delays in emergency response due to network or technical issues
• Failure to detect falls or emergencies
• Actions or omissions of emergency services

Our total liability for any claim is limited to the amount you paid for the device and services in the 12 months prior to the claim.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, or any liability that cannot be excluded under Australian Consumer Law.

12. Privacy and Data

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to our collection and use of your personal information as described in our Privacy Policy.

13. Intellectual Property

All content, trademarks, and intellectual property related to EvaGuard and our Services are owned by us or our licensors. You may not copy, modify, or distribute our content without permission.

14. Governing Law

These Terms and Conditions are governed by the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

15. Changes to Terms

We may update these Terms and Conditions at any time. We will notify you of significant changes by email or through our website. Continued use of our Services after changes constitutes acceptance of the updated terms.

16. Dispute Resolution

If you have a complaint or dispute, please contact us first. We will make reasonable efforts to resolve the issue. If we cannot resolve the dispute, you may refer the matter to an external dispute resolution service or take legal action.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Contact Information

If you have questions about these Terms and Conditions, please contact us:

• Email: info@evaguard.com.au
• Phone: 03 7051 3259
• Address: EvaGuard, Australia