Terms and Conditions

1.Introduction and Duration
1.1The main purpose of this agreement is to set out the terms and conditions for the use of the product as described in the brochures and any other forms of media as communicated to you.
For purposes of this agreement, the product (“hereinafter referred to as the Product”) is defined as a wellness monitoring device which uses sensors to measure physical and environmental variables impacting on the end-user’s well-being. For the purpose of clarity the Product includes web-based access to a system showing a graphical interface and allowing for alert thresholds to be defined.
1.2This agreement shall commence on the effective date, being the date of purchase.
1.3This agreement shall endure indefinitely unless you agree otherwise in writing and shall be cancelled as set out in terms of clause 7.
2Collection and use of data
2.1All information collected about the purchasing individual, shall be used for the purpose of processing subscriptions for the use of the Product and Product notifications. This information shall be protected and stored in a secured environment.
This information will only be shared with third parties as required to fulfil the servicing of the Product.  In order for you to receive notifications and alerts, the onus is on the purchasing individual to ensure that all information is kept up-to-date on the system.
2.2Once downloaded, the onus to protect the data derived from the Argus system fall to the person who downloaded it.
2.3Your user account password should be changed after first login, and at regular intervals to protect your account. Should you add any additional users to your account it is your responsibility to maintain them and inform them of the confidentiality requirements.
2.4All historical data collected will be hidden and stored to improve the Product.
2.5If you are buying this Product to monitor a third party, you will be required to obtain their permission in order to do so.
2.6Your use of our Product also amounts to acceptance of the terms of this agreement.
2.7It remains your obligation to access our web application and/or website for the purpose that is set out in this agreement and for lawful reasons.
2.8It is further your obligation to use our web application and/or website in a manner that is authorised and for lawful purposes. Unauthorised use of our web application shall be sanctioned in accordance with applicable laws and as we shall deem fit in order to stop such unlawful unconscionable conduct.
3Argus BedWatch Care, Use and Warranty
3.1This Product reports readings from sensors installed and allows you to view all collected data. The Product allows you to have the ability to set thresholds on readings where you would like to receive SMS based alerts. The definition of threshold levels is entirely at your discretion
3.2The Argus BedWatch comes with a one (1) year warranty. If the Product or any of its components are faulty, return the Product with the original package for inspection. If a latent defect or manufacturer fault is found, you will receive a full refund.
3.3We recommend that you test the Product on a regular basis to ensure that sensors and alerts are working correctly. The Product should preferably be tested at least once a week, and not less than once a month. Any faults should be reported to our help desk as soon you become aware of them.
3.4You can add up to five (5) contact numbers and electronic mail (“email”) addresses to receive the alerts as per the thresholds configured. We recommend that you test each contact so as to ensure validity of it. If you need help navigating the web page you can call the help desk for assistance.
3.5This product is intended to be used for monitoring purposes only. As it is not a medical device, it cannot make medical predictions or diagnoses. It is purely intended to assist the user with providing additional information in order to better make health and lifestyle decisions.
3.6The help desk is NOT a medical emergency call centre. It only provides technical support for the functioning of the Product.
3.7The Argus BedWatch is designed for a single bed with only one person occupying the bed. If the Argus BedWatch is not installed this way, the monitoring values may not be usable.
3.8Any on-site technician support post installation may attract a fee which will be communicated to you prior to the site visit. Once the Product has been set up, all sensors should be tested in order to confirm that all collected data is being received and measured correctly. If, for any reason, the set-up is not functioning as expected, all system components must be returned in the original packaging for a refund.
3.9All alerts are delivered over the MTN cellular network at five (5) minute intervals. Prior purchasing and use of the Product, you should test for acceptable of the cellular network coverage to assess coverage. If there is a coverage dead spot in the desired location of the Argus BedWatch, you may only return the Product within fourteen (14) days of receipt of device for a full refund provided that technically the test was successful however later proves not to be functioning.
The coverage of the MTN cellular network provider will impact the delivery of your alerts and must be considered when purchasing this Product. We cannot be held responsible for coverage and service impacts of the cellular network provider.
3.10The Argus BedWatch Product relies on power to the unit and should always be plugged into a wall socket. The Product is equipped with a limited length battery in the event of an electric power interruption and will automatically switch to battery power as soon as electric power is removed. You should monitor your battery usage when the main power supply has been interrupted.
3.11Should any maintenance be required to the software on the Product, electronic notifications will be sent out to all clients informing them of the maintenance window date and time. During these events, manual monitoring of the monitoring individual should resume.
3.12Components of the Argus BedWatch Product must not be placed near direct heat or in the path of potential flooding.
3.13Do not open or tamper with any components of the Argus BedWatch Product. Tampering by a non- recognised service provider will result in the warranty being voided and may affect the monitoring functionality of the Product. If your Product is not working as it should, you must report this issue by phoning the support numbers or emailing us – visit the website for details: www.bedwatch.io
3.14In all cases where a faulty Product is picked up, the onus falls on you to continue with manual monitoring.
3.15From time to time, we will make improvements and perform maintenance on the product software and the web-based system view. You will be notified 48 (forty eight) hours in advance of any changes or maintenance. It is advised that you switch to manual monitoring should there be any technical interruptions.
3.16From time to time, we will make improvements and perform maintenance on the product software and the web-based system view. You will be notified 48 (forty eight) hours in advance of any changes or maintenance. It is advised that you switch to manual monitoring should there be any technical interruptions.
3.17If you and/or any third party notifies us of any manufacturer’s defects, we will initiate a recall procedure and notify you of the process that will be followed as well as any details about Product refunds where necessary.
4Payment terms
4.1You will be purchasing an Argus BedWatch Product which is inclusive of all its accessories namely sensors and batteries as included in the package option selected.
4.1.1Components of the Product are purchased upfront and in advance and are entirely your property from the point of receipt. If you want to insure it against theft, accidental damage or damage caused by any other risk event, you must consult your short term insurance broker or insurer.
4.2Monthly service subscription
4.2.1Your monthly subscription is a month to month contract and billing will be in advance to ensure alert delivery. If your subscription fee is not able to be collected, you will receive email communication for you to request another debit of your account or to transfer the funds manually. Should payment not be received, your service will be suspended and we will notify you of the suspension.
4.2.2Reactivation of a cancelled subscription shall incur an administration fee.
4.2.3You will get sixty (60) days’ notice by email should the monthly subscription fee change.
4.3Product buy back
4.3.1If you no longer require the use of the Product, you may call the help desk to arrange a buy-back assessment. The age and condition of the Product will be used to determine an amount to be offered for the buy-back value of the Product.
4.3.2You are under no obligation to accept the offer. Once the offer is accepted, the agreed amount will be deposited into your nominated bank account by electronic means (“EFT”) within seven (7) days once the returned product has been received.
5Intellectual Property
5.1We warrant that we shall not knowingly and/or wilfully infringe the intellectual property rights of any third party and therefore you hereby indemnify and hold harmless against any claims, damages and all actions arising from the breach of this warranty.
5.2The Product will be marketed and sold by Argus BedWatch. You will not alter, obscure, remove, cancel or otherwise interfere with any markings (including without limitation any logos, trade names or trading style of the company) and other indications of origin, which may be placed on the Product.
5.3You acknowledge that we have the exclusive use of any registered trade-marks and you have no right, title or interest whatsoever in the trade-marks and any goodwill association therewith and that all goodwill associated with the intellectual property is owned by us.
Furthermore, you shall not make any representations in any manner on our behalf or make any goodwill enjoyed by you from use of such intellectual property.
5.4You shall not to infringe our intellectual property rights in and to any of the trade-marks and not to dispute, contest, attack or impair the validity of the trade-marks or do any act which tends to impair the validity of the trade-marks or the title of any trade-marks, trade names, copyrights and registrations used in connection with the Product, nor to effect any applications or registrations thereof without our express written consent, and not to take any action to the detriment of our interest therein or which would or could dilute the value of the goodwill attaching to the trade- marks.
6Cancellations
6.1Monthly subscription can be cancelled by calling the call centre before the 25th of the month for the cancellation to be of effect for the following month.
6.2If you misplace the Product or any component thereof for whatever reason, it is your responsibility to inform us by calling the call centre so that we may cancel your subscription or make alternative plans.
7.Warranty and Indemnity
7.1You are liable for the care and insurance of the Product from the date of receipt of the Product.
7.2The Argus BedWatch comes with a one (1) year warranty on all components. If the Product is faulty, you must return the Product with the original package for inspection. If a latent defect is found on the Product, you will be entitled to a replacement product or a full refund.
8.General Clauses
8.1These terms shall be construed, interpreted and governed in accordance with the laws of the Republic of South Africa, and should any provision of this Agreement be adjudicated by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.
8.2Any annexures including but not limited to information guides and advertising written or electronic forms of media shall form part of this agreement as if included in this agreement.
8.3Should you raise a dispute with us, we will seek to resolve the dispute within five (5) business days and if necessary, by using accepted alternative dispute resolution methods. If we fail to resolve the dispute, then we shall either terminate the agreement or refund you.
8.4Any changes to the terms and conditions of this agreement shall be made with written notification to you by email and/or other electronic communication channels at our sole discretion.
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