Terms of Service

Umps Health Terms of Service

Last Updated: 24 September 2018

Quick Summary

  • After you register for Umps Health, we'll send an Umps Health Smart Home system to you. The system still belongs to us - you are not allowed to take it apart or modify it, and must return it to us if you end your subscription or if we ask you to.
  • When you register, you'll need to nominate a contact person to receive alerts and information from the Umps Health system in your home. Within 30 days of you installing the system, we'll activate the alert system and give your nominated contact access to our online dashboard. From that point on, if the system detects anything unusual we'll send an SMS alert to you or the nominated contact (depending on your preferences). It's your and your nominated contact's responsibility to take action if an alert is raised.
  • We generally charge monthly fees for our service - details of our fees are provided on the registration form. We may also require a refundable damage deposit when you register.
  • If you want to end this agreement and stop receiving our services, you'll need to give us 30 days' notice and return the system to us. If you're ending the agreement because you're not satisfied with our service, you may be eligible for a refund of the last month's fees.
  • When you register for and use Umps Health, we collect personal information about you. We do this so that we can provide the best possible service to you, and we only collect information we need to deliver or improve our services. We will never sell your personal information to anyone.

Please read on for more information. This summary is intended to help you understand the key aspects our terms of service, but it does not supersede or replace the Terms below or our Privacy Policy.

1. Background

These Terms of Service ("Terms") constitute an Agreement between Umps Health Pty Ltd (ABN 93 616 350 611) ("we", "our", "us) and the client (‘you’) named in the Service Registration Form.

2. Definitions in this Agreement

  • ‘The Service’ means the provision of Umps Health’s service, in accordance with Section 7 of this Agreement.
  • ‘Equipment’ means any products, hardware devices, or other physical items provided by Umps Health for installation at the Premises under this Agreement.
  • ‘Premises’ means the residential address the Equipment is installed in, as specified in the Service Registration Form.
  • ‘Nominated Contact Person(s)’ means any person(s) you nominate through the Service Registration Form to have access to the Service, including the Dashboard and Alerts.
  • ‘User Account’ refers to the unique credentials (username and password) provided to or selected by you to access the Service.
  • ‘Service Registration Form’ means the information you provided to us prior to the commencement of this Agreement, and includes all the information required as part of your request for services.
  • ‘Service Registration Confirmation’ is a notification sent to you or your ‘Nominated Contact Person’ confirming that your Service Registration Form has been received.

3. Changes to this Agreement

We reserve the right to modify these Terms at any time. Whenever we make changes to these Terms, the changes are effective 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.

4. Installation

After this Agreement begins, we will:

  • Provide the Equipment (Umps Health Hub and Smart Plugs)
  • Provide instructions outlining the process to correctly install the Equipment
  • Provide you and any Nominated Contact Person(s) with a User Account

You must do everything necessary to install the Equipment, including obtaining the permission of the owner of the Premises for the installation if required.

5. Equipment

To deliver the Service to you, we will provide you with certain products, hardware devices, or other physical items ("Equipment") or install these devices in your home.

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 or arrange a time for us to collect the Equipment within 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.

6. User Account Security

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.

7. The Service

After the Equipment is installed, we will commence delivery of the Service. This will include:

  • Providing access to the Umps Health Dashboard for you and your Nominated Contact Person(s)
  • The collection, storage and analysis of behaviour collected by our devices
  • The provision of Alerts to you and your Nominated Contact Person(s), in accordance with your Alerts Preference

You must do everything necessary to install the Equipment, including obtaining the permission of the owner of the Premises for the installation if required.

7.1. Dashboard

Umps Health provides access to a Dashboard to you and any Nominated Contact Person(s) for the duration of this Agreement. This Dashboard displays data and insights collected from the Equipment.

The Dashboard can be accessed by logging into your User Account on our website (www.umpshealth.com)

7.2. Alerts

Umps Health provides Alerts to you and your Nominated Contact Person(s) for the duration of this Agreement. Alerts are based on the analysis of past behaviour and other information provided by you to Umps Health.

Alerts will be activated 30 days after installation of the Equipment.

Alerts will be sent to you and any Nominated Contact Person(s) by SMS, in accordance with your Alerts Preferences.

Your Alerts Preferences define who will receive Alerts from Umps Health, and how you would like these Alerts to be delivered.

When an Alert is raised, it is the responsibility of you and any Nominated Contact Person(s) to act on that alert.

8. Privacy Policy

For information about how and why we collect and use information from you and your Nominated Contact Person(s), please see our Privacy Policy.

9. Other Requirements

In addition to the other things you must do under this Agreement, you must:

  • Ensure that we (and any person we nominate) have access to the Premises for the purposes of installation or repair if we give you reasonable notice
  • Inform us as soon as possible if any of the information provided in the Service Registration Form changes, including details of any Nominated Contact Person(s)
  • Provide us with any information we reasonably require concerning the Equipment or your suitability to use the Service, and;
  • Carry out, at your cost, any works necessary for installation of the Equipment.

10. Fees

The Fees you must pay under this Agreement are specified in Service Registration Form. The Fees you must pay may include fees for:

  • The monthly operation of the service
  • Any other fee, payment or cost referred to in the Service Registration Confirmation or elsewhere in these Terms and Conditions.

We may change the Fees for monthly operation of the service by giving you one month’s notice of the change.

Monthly operation fees are payable in advance. If you have provided payment details (e.g. credit card or direct debit), you will be automatically billed the monthly fee on the first day of each month and a receipt will be emailed to you. If you are receiving Umps Health's services through your home care package, we will invoice your provider directly each month.

After this Agreement ends, we will:

  • Deduct any outstanding amounts payable under this Agreement from Fees already paid, and
  • From any remaining amount, refund fees paid for the period after this Agreement ends.

10.1. Payment of fees

You must pay any Fees (including applicable GST) within 14 days of receiving an invoice from us.

10.2. Deposits

Prior to the delivery of the Equipment, we may require you to pay a refundable damage deposit. This deposit will be refunded upon the return of all Equipment.

At the conclusion of this Agreement, we may (at our discretion) withhold the deposit if you:

  • Fail to pay any outstanding fees or charges, or;
  • Fail to return the Equipment within the timeframe specified under this Agreement.

11. Lifetime of this Agreement

This Agreement commences once we issue a Registration Confirmation Notice. We can end this Agreement:

  • By giving you one month’s notice at any time
  • immediately by notice if you do not pay a Fee when due
  • immediately by notice if you fail to do anything else required by this Agreement and do not do it within 14 days of us asking you to, or;
  • immediately by notice if your use of the Service interferes in any way with our ability to provide the Service to others.

You can end this Agreement:

  • By giving us one month’s notice at any time, or;
  • immediately by notice if we fail to do anything required by this agreement and do not do it within 14 days of you asking us to.

12. Return of the Equipment

When this Agreement ends, you must return the Equipment to us within seven days. If you do not return the Equipment within seven days, you become liable immediately for our costs in replacing that Equipment.

13. Refund Policy

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.

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.

On request, we will provide:

  • A refund of all Fees paid if you cancel within 30 days of this Agreement commencing, or;
  • A refund of the most recent monthly fee payment if you cancel more than 30 days after this Agreement has commenced.

To request a refund, contact us via one of the methods listed in section 15 of these Terms. You must to return all Equipment to us to be eligible to receive a refund. We will process all refund requests within 30 days of receiving the Equipment.

14. Liability

To the fullest extent permitted by law, the aggregate liability for any and all claims (including claims made by third parties), costs, expenses, losses, damages, or any other liability (“Loss”):

  • of you shall be limited to 100% of the Fees paid and/or payable to Umps Health at the time of the relevant Loss, and;
  • of Umps Health shall be limited to $200.

You agree to indemnify Umps Health against any breaches of Umps Health’s intellectual property rights by you, and the limitation of your liability shall not apply in respect of this indemnity.

15. Contact Details

We may contact you at your address as specified in the Service Commencement Confirmation.

You may contact us:

16. Assignment

You may not assign your rights under this Agreement without our consent.

17. Entire Agreement

These Terms constitute the entire agreement between you and Umps Health regarding the use of the Service, superseding any prior agreements between you and Umps Health relating to your use of the Service.

18. Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of Australia, without regard to conflicts of law principles.