Last Updated: 14 February, 2019
Terms of Service (the "Umps Health Terms of Service") constitute an Agreement between you ("End User"), and Umps Health Pty Ltd (ABN # 93 616 350 611, "Us" or "Umps Health").
This Agreement does not have to be signed in order to be binding. You indicate your assent to this Agreement by registering for Umps Health through the Umps Health Registration Page or installing Umps Health Equipment in your premise.
Upon receipt of your Registration through the Umps Health Registration Page, currently available at https://www.umpshealth.com/getumps.html, we will provide you and any Nominated Contact Person(s) with instructions to set up a User Account. You must follow these instructions in order to access Umps Health Services.
Upon receipt of your Registration through the Umps Health Registration Page, we will provide you with certain products, hardware devices, or other physical items ("Equipment") in order to deliver the Umps Health Service to you. You must do everything necessary to install the Equipment, including obtaining the permission of the owner of the Premises for the installation if required.
Unless we specify otherwise, all Equipment remains the property of Umps Health. You agree that you will not damage, destroy, disassemble, or modify the Equipment in any way. If you become aware that any Equipment we have provided to you has been damaged, destroyed, disassembled, or modified, you agree to notify us immediately and to pay us the full replacement cost of the Equipment.
At any time, we may request that any Equipment we have provided to you be returned to us, in which case you must return the requested Equipment to our Head Office within seven (7) days.
You agree that you will not deliberately interfere with the operation of any Equipment or make any attempts to access any software or data stored on the Equipment. You also agree that you will not access any wireless networks created by the Equipment for any reason. You must do everything necessary to install the Equipment, including obtaining the permission of the owner of the Premises for the installation if required.
After you have installed the Equipment, we will commence delivery of Umps Health Services (“the Service”) to you. This will include:
Thirty (30) days after the installation of the Equipment, we will provide alerts to you and your Nominated Contact Person(s). Alerts are based on the analysis of past behaviour and other information provided by you to Umps Health. Alerts will be sent to you and any Nominated Contact Person(s) by SMS.
When an Alert is raised, it is the responsibility of you and any Nominated Contact Person(s) to act on that alert.
You agree to maintain the security of any User Accounts you create or we create for you, and accept all risks of unauthorised access to any data or other information you provide to the Service. If you discover or suspect any Service security breaches, you agree to let us know as soon as possible.
Upon receipt of your Registration through the Umps Health Registration Page, we will deliver the applicable Umps Health Equipment to the delivery address specified in your Registration.
The Fees you must pay under this Agreement include fees for the monthly operation of the Umps Health Service (“Monthly Operation Fees”). The Monthly Operation Fees are specified in Registration Page. We may change the Monthly Operation Fees of the service by giving you thirty (30) days’ notice.
Monthly Operation Fees are payable in advance, prior to the commencement of each End User End User Billing Period. For clarity, End User Billing Periods are monthly, and commence on the first day of each month and conclude on the last day of each month. Following the conclusion of the End User Billing Period. The first of these Fees are payable when you register for Umps Health Services through the Registration Page.
You are required to provide payment details (e.g. credit card or direct debit) when registering for Umps Health through the Umps Health Registration Page. You will be automatically billed the Monthly Operation Fees on the first day of each month and a receipt will be emailed to you.
If you are receiving Umps Health Products and Umps Health Services through a Reseller, we will invoice the Reseller in accordance with our Reseller Agreement.
After this Agreement ends, we will:
Payments made by you under this Agreement include all taxes and duties payable in respect of the Products in Australia.
In addition to the other things you must do under this Agreement, you must:
This Agreement commences once we issue a Registration Confirmation Notice. We can end this Agreement:
You can end this Agreement:
When this Agreement ends, you must return the Equipment to us within seven (7) days. If you do not return the Equipment within seven (7) days, you become liable immediately for our costs in replacing that Equipment.
If you end this Agreement because are not satisfied with the Service, you may be eligible to receive a refund on some or all of the Fees paid.
On request, we will provide a refund of the most recent Monthly Operation Fees paid if you cancel more than thirty (30) days after this Agreement has commenced. If you cancel the Service less than thirty (30) days after this Agreement has commenced, you are not eligible to receive a refund when ending this Agreement.
You are only eligible for a refund if you pay for the Service via credit card. If you receive the Service as part of a Home Care Package or other funding mechanism, you are not eligible to receive a refund when ending this Agreement.
You must to return all Equipment to us to be eligible to receive a refund. We will process all refund requests within thirty (30) days of receiving the Equipment.
To request a refund, contact us via one of the methods listed in Section 12 of these Terms.
To the fullest extent allowed by law, neither Umps Health nor its suppliers shall be liable for any loss of use, lost data, failure of security mechanisms, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance.
To the fullest extent allowed by law, Umps Health’s and its third-party suppliers’ entire liability under this reseller agreement shall not exceed the amounts actually paid by You to Umps Health during the most recent End User Billing Period.
We may contact you at your address as specified in your Registration.
You may contact us:
You may not assign your rights under this Agreement without our consent.
We reserve the right to modify these Terms at any time. Whenever we make changes to these Terms, the changes are effective five (5) days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button).
It is your responsibility to check this website for changes to these Terms. If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
This Agreement is the entire agreement between you and Umps Health relating to use of Umps Health Products and the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Products and the Services or any other subject matter covered by this Agreement.
If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
This agreement shall be governed, construed, and enforced in accordance with the laws of Australia, without regard to conflicts of law principles.
End User Billing Period means the interval of time in between the payment for Umps Health Products and Umps Health Services.
Monthly Operation Fees are Fees Umps Health charges for the Umps Health Equipment and Services to an End User.
Nominated Contact Person(s) means any person(s) you nominate through the Registration Page to have access to the Umps Health Services.
Premises means the residential address the Equipment is installed in.
Registration Confirmation Notice means the notice you receive following submission of your Registration confirming that Umps Health has accepted your request for Services.
Registration means the information you provided to us prior to the commencement of this Agreement through the Umps Health Registration Page.
Umps Health Equipment means any products, hardware devices, or other physical items provided by Umps Health for installation at the End User’s Premises under this Agreement.
Umps Health Services means the ongoing provision of services as outlined in the Umps Health Terms of Service.
User Account refers to the unique credentials (username and password) provided to or selected by you to access the Service.