Legal Notes

System Terms of Use

In this Terms of Use (hereinafter the “Terms of Use”) the term “you or your” refers to the user of the System. The term “Company” refers to Essence SmartCare Ltd.

The term “Service Provider” refers to the entity (not being the Company) that sold or leased to you the System and provides you services and/or call center services and/or other services that enable you to use the System (as defined below).

Terms of Use applies to the System, consisting of the control panel which includes a cellular model (for data transmission and for voice calls), related social alarm system and remote monitoring applications which may be hosted by a third party, products and solutions for home or any control systems or any part thereof and any related products or equipment (including but not limited to a Stationary emergency button) all of which are manufactured by the Company (the “System”). This is the only express warranty for this System and is in lieu of any other warranty or condition. Should the System be defective your exclusive remedy should be rendered solely by the Service Provider at the Service Provider’s discretion as per the terms of the limited warranty provided to you by the Service Provider from time to time. For avoidance of any doubts, no such limited warranty or any other document provided to you as aforementioned, by the Service Provider, may alter revise, add, remove, modify, terminate, condition, or otherwise change in any way the terms and conditions in this Terms of Use, and the sole exclusive method of modifications of this Terms of Use shall be valid only if made by the Company, in writing and pursuant to as provided herein. In case of any contradiction between this Terms of Use and any limited warranty or any other document provided to you by the Service Provider, the Terms of Use shall prevail.


This Terms of Use does not cover:

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batteries, or any problem that is caused by accident, vandalism, negligence or mistake, flood, water, lightning, fire, abuse, misuse, acts of god, and casualty or electrical surges.

To receive service or replacement or any other service for the System under this Terms of Use, please contact your Service Provider. Company will not provide You with any such service or otherwise activity, other than as through the Service Provider and always pursuant to the agreement terms and conditions, as such exists from time to time, and to the extent any such exists, between the Service Provider and the Company.


YOUR RESPONSIBILITIES FOR SYSTEM OPERATION:

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By use of the System you agree to the terms of this Terms of Use. You agree that the System requires AC power supply and that it is your sole responsibility to provide electrical outlet and receptacle, cellular SIM card with an internet connection. The System uses RF communication technology, elements beyond the Company’s control such as (but not limited to) bad weather that may cause interferences to the System’s performance. You are solely responsible for providing communication pathways for the System to communicate upon activation. Notwithstanding the forgoing, Company shall not be responsible for loss of System connectivity or data due to cellular network disconnections. The System must be used as intended and for no other purpose. The System contains small particles and electricity wires and is not intended for use by children or anyone who is not capable of understanding the System’s purpose and how to use the System and monitoring services. Pendants may have attachments which can cause strangulation if not used properly. You agree that the System communicates over cellular network which pass through communication networks wholly beyond the control of Company and are not maintained by Company and the Company is not be responsible for any failure which prevents transmission signals from communicating your emergency condition. You have selected the communication pathway to be used with the System and you are solely responsible for continuous communication. Do not attempt to open the System and/or fix it yourself and/or change the System in any way including but not limited to the System’s antenna or any additional component thereof.

The System communicates by wireless cellular transmission.

Company does not provide wireless access or communication pathways or electric current connection

b. USERNAME AND PASSWORD: In order to access and use the Application you must obtain a valid username and password. You are solely responsible for maintaining the confidentiality of your username and password. For security reasons and to avoid unauthorized access, you are required to logout in an orderly manner from the Application at the end of each session. In any case, the Company shall not be liable for any damage or loss of any kind or nature incurred and/or suffered by you and/or by any third party as a result of the Application being accessed and/or used by unauthorized user/s.

THE SYSTEM IS DESIGNED TO PROVIDE INFORMATION INCLUDING WITHOUT LIMITATION, YOUR WHEREABOUTS, DAILY ACTIVITIES AND HABITS, WHETHER BY VISUAL OR BY OTHER TYPES OF METHODS (THE “INFORMATION”); (II) ENABLE AND PROVIDE THE ABILITY TO COLLECT AND COMPILE, AND ANALYZE THE INFORMATION; (III) MAY FACILITATE , ENABLE OR OTHERWISE ASSIST GENERATION OF FILES CONTAINING THE INFORMATION; (IV) ENABLE AND ALLOW FURTHER USES AND ACTIVITIES ; ALL AS YOU MAY DECIDE PURSUANT TO YOUR SPECIFIC AGREEMENTS WITH THE SERVICE PROVIDER. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR FAILURE OF INFORMATION TRANSMISSION, CORRUPTION OR UNAUTHORIZED ACCESS TO THE INFORMATION.

YOU EXPLICITLY ACKNOWLEDGE THAT USE OF THE SYSTEM MAY VIOLATE OR INFRINGE UPON YOUR RIGHTS, INCLUDING WITHOUT LIMITATION THE RIGHT FOR PRIVACY.

YOU EXPRESSLY DECLARE THAT YOU ARE RENDERING YOUR CONSENT TO THE SERVICE PROVIDER AND/OR OTHER AUTHORIZED THIRD PARTIES ON YOUR BEHALF TO VIEW AND/OR MONITOR THE INFORMATION.

YOU UNDERSTAND AND AGREE THAT THE INFORMATION GATHERED AND/OR STORED BY THE SYSTEM (THE “INFORMATION”) (INCLUDING BUT NOT LIMITED TO VIDEO SEGMENTS FILMED AND/OR STORED AND OR GATHERED BY THE SYSTEM (THE “VIDEO SEGMENTS”) (THE “INFORMATION” AND THE “VIDEO SEGMENTS” COLLECTIVELY TOGETHER: THE “SYSTEM INFORMATION”) IS STORED ON THE COMPANY'S AND OR THE SERVICE PROVIDER SERVERS.

THE SYSTEM INFORMATION INCLUDING THE VIDEO SEGMENTS IS THE SOLE PROPERTY OF THE COMPANY AND/OR THE SERVICE PROVIDER IN ACCORDANCE WITH THE AGREEMENTS BETWEEN THE COMPANY AND THE SERVICE PROVIDER. THE COMPANY SHALL HAVE ACCESS TO ALL OF THE SYSTEM INFORMATION AT COMPANY’S SOLE DISCRETION AND SHALL, FROM TIME TO TIME, AT THE REQUEST OF THE SERVICE PROVIDER FOR SUPPORT, MAINTENANCE, SYSTEM UPGRADES OR MODIFICATIONS AND ALIKE, REVIEW THE VIDEO SEGMENTS. COMPANY SHALL NOT LET OTHER PARTIES (OTHER THAN THE SERVICE PROVIDER) REVIEW THE VIDEO SEGMENTS, WITHOUT YOUR PRIOR CONSENT, EXCLUDING DISCLOSURE THAT IS REQUIRED BY LAW, REGULATION OR ORDER OF A COMPETENT AUTHORITY.

YOU EXPLICITLY ACKNOWLEDGE THAT THE SYSTEM IS NOT A MEDICAL OR LIFE SAVING DEVICE, SYSTEM; DOES NOT PROVIDE ANY MEDICAL, LIFE SAVING OR OTHERWISE PREEMPTIVE MEASURE AGAINST INJURY OR OTHERWISE BODILY HARM OR DEATH; NOR ASSUME IN ANY WAY TO REPLACE OR BE IN LIEU OF ANY SUCH. COMPANY’S WARRANTIES UNDER THIS TERMS IF USE (ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WILL MEET YOUR SPECIFIC REQUIREMENTS. COMPANY DOES NOT REPRESENT THAT THE SYSTEM IS ERROR FREE OR OPERATES WITHOUT INTERRUPTION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY THAT THE SYSTEM WILL SUCCESSFULLY PROVIDE NOTICES TO YOUR SERVICE PROVIDER, NOR THAT THE SYSTEM WILL SUCCESFULLY TRIGGER NOTICES OR OTHERWISE WILL CONFORM OR OPERATE, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.

IN ADDITION TO AND WITHOUT DEROGATING FROM ANY AND ALL OTHER LIMITATION OF LIABILITY PROVISIONS HEREIN, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, COLLATEROL, SPECIAL, THIRD PARTY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND. EXCLUDED DAMAGES OR LOSSES INCLUDE, BUT ARE NOT LIMITED TO, BODILY INJURY AND/OR DEATH, COST OF REMOVAL OR REINSTALLATION, ANCILLARY COSTS TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LABOR COSTS, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS ARISING OUT OF SOFTWARE OR PRODUCTS THAT WERE FAULTY OR WERE MANUFACTURED NEGLIGENTLY; AND ALSO ARISING OUT OF THE USE OF THE SYSTEM, OR OTHERWISE ARISING OUT OF, OR IN CONNECTION WITH, THIS TERMS OF USE, WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Please note that the Company System does not include any other components other than such are specified in System definition. Therefore and for sake of clarity:

  • (1) Company is not responsible for your ability to use the System including without limitation, access to the cellular service or any interruption of service or down time caused by loss of cellular or any other mode of communication. Company is not responsible for the security or privacy of any wireless network system.

  • (2) The system requires voice and data connection (via cellular network) and electric power supply which shall not be provided by the Company. As long as the Service Provider makes payments to Company for remote access for your use of the System as well as to the System, Company will authorize your access. Company is not responsible for your access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, or cellular used by you for the System and the access of the System. You acknowledge that the System can be non-functional or compromised if the Internet codes or devices used for access are lost or accessed by others and Company shall have no liability for such third party unauthorized access.

  • (3) The System will work only in areas where the cellular service has coverage and Company has no control over such coverage. Company is authorized to record and maintain data, and shall be the exclusive owner of such property. You are responsible for all permits and permit fees, if any, and agree to file for and maintain any permits required by applicable law and indemnify or reimburse Company for any fines relating to permits. Should the Company be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement you agree to pay Company for such service or material.

  • (4) You acknowledge that signals which are transmitted over cellular network, internet communication pass through communication networks wholly beyond the control of Company and are not maintained by Company and Company shall not be responsible for any failure which prevents transmission signals from reaching you or from the system or damages arising therefrom, or for data corruption.

You agree that Company is the manufacturer of the System and provides no installation, services or monitoring of the System and makes no recommendation regarding those who do provide such services, all of whom are not affiliated with Company. Who you decide to obtain the System from, install and or monitor the System, is entirely your decision.


EXCULPATORY AND LIMITATION OF LIABILITY

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You agree that Company is not an insurer, that the System is designed to reduce certain risks, though Company does not guarantee that its System will enable communication to reach or cause response by an appropriate party including the Service Provider. You agree that Company is not assuming liability, and, THE SOLE EXCLUSIVE REMEDIES, SERVICE OR SOLUTIONS, IF ANY ARE AND WILL BE AS PROVIDED TO YOU BY THE SERVICE PROVIDER.

ACCEPTANCE OF Terms of Use: By use of the System you agree to the terms of this Terms of Use.


ADDENDUM A – PRIVACY POLICY

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Company is providing this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information we receive when you do either of the following:

All terms shall have the same meaning as defined in the Terms and Conditions to which this Addendum A is part hereof.

By using the System you fully understand and unambiguously consent to the collection and processing of such information and to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you must not use the System.

This Privacy Policy may be amended or updated from time to time. If we make any material changes to this Privacy Policy, Service Provider shall update you of these changes. Our website will reflect changes in the Privacy Policy as well and you are advised to consult this Privacy Policy regularly for any changes.


Information Collection

Personally Identifiable Information

In the course of using the System, we might ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personal Information may include, but is not limited to, your name, country of residence.

Non-Personally Identifiable Information

When you use the System your home and your activities are monitored by the Service Provider.

You hereby acknowledge and approve that, the System collects various types of information regarding your daily activities such as but not limited to: your whereabouts inside your home, the duration of time you spent in the different sections of your home, the System monitors whether someone is present in the home and may photograph you or any other third party who enters your home without notice, the System may actively record any sounds or verbal communications in your home, The system may enable remote voice communication between you and the Service Provider.

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the website you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Application.

We may present links in a format that enables us to keep track of whether these links have been followed.

Third Party Sites

You are obligated to notify any third party who enters your home, and if said third party is a child or is under a legal guardian’s responsibility, their legal guardian, that they may be monitored and/or photographed and/or recorded without their knowledge and prior authorization.

1. Security

We are concerned with safeguarding your information. We employ a variety of safety measures designed to protect your information from unauthorized access and disclosure. However, we cannot guarantee that your personal information or private communications will always remain private and secure.

2. International Processing or Transfer

Your information may be processed or transferred outside of your country, where the privacy laws may not be as protective as those in your jurisdiction.

3. Disclosure

We reserve the right to disclose any information obtained by us, including but not limited to Personal Information and Non Personally Identifiable Information, (i) if required by law or by any governmental authority; or (ii) in case of emergency; or (iii) to a successor entity in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets.

4. Contacting Us

If you have any concerns or questions about this Privacy Policy, please contact us at
info@essence-grp.com.


Copyright © 2015, Essence SmartCare Ltd., All rights reserved.