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Terms of Use

These Terms of Use apply to the APERS website and any pages, forms, and online services we operate that link to these Terms (Website). By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

These Terms should be read together with our Privacy Policy, Disclaimer, and any other policies or notices we publish on the Website from time to time.

1) Definitions

In these Terms:

APERS, we, us, our means Australian Emergency Personal Response Systems (APERS).

Content means all text, images, video, audio, downloads, and other material on the Website.

Services means any products, rentals, monitoring services, support services, or other offerings described on the Website.

You means any person who accesses or uses the Website.

2) Who we are

APERS; ABN 19 056 472 694.

3) Australia only

The Website is intended for people located in Australia. APERS products and monitoring services described on the Website are offered in Australia only (unless we clearly state otherwise in writing).

4) Website information and general advice

Content on the Website is provided for general information only and may change at any time without notice.

While we take reasonable care with the information we publish, we do not guarantee that Website content is accurate, complete, current, or suitable for your particular needs. You should make your own enquiries and seek independent advice where appropriate.

5) Medical and emergency warning

Website content is not medical advice and is not a substitute for professional medical care.

In an emergency, call 000 immediately. APERS devices and monitoring services are not a replacement for emergency services.

6) Monitoring and service limitations

If the Website refers to monitored alarms or response services, you acknowledge that service delivery can be affected by factors outside our control, including mobile or internet network availability and coverage, network congestion or outages, power outages, device battery level and charging habits, device setup, wear or damage, your location and the availability of third party responders (including emergency services).

You are responsible for following product instructions (including charging and care) and keeping your contact details and nominated contacts up to date.

7) Disclaimer and other policies

The Website may also include separate pages for Disclaimer, Warranty, Returns, and Consumer Guarantees. Those pages apply to your use of the Website and (where relevant) to your purchase or use of Services.

8) Licence to use the Website

We grant you a limited, non-exclusive, revocable, non-transferable licence to access and use the Website for your personal, lawful use.

We may suspend, restrict, or terminate your access to the Website if we reasonably believe you have breached these Terms, misused the Website, or where necessary to protect the Website, our users, or our systems.

9) Acceptable use

You must not (and must not attempt to):

  • use the Website in any way that breaches any law or infringes someone else’s rights
  • interfere with, disrupt, damage, or gain unauthorised access to the Website, our systems, or any user accounts
  • introduce malware, viruses, or other harmful code
  • scrape, crawl, harvest, or automatically extract data or content from the Website without our written permission
  • use the Website to send unauthorised advertising, spam, or scams
  • misuse enquiry forms or submit false or misleading information.

10) Enquiries, forms, and communications

If you submit an enquiry, request a call, or provide information through the Website, you warrant the information is accurate and not misleading, confirm you have authority to provide any information about another person (for example, an emergency contact), and acknowledge we may contact you using the contact details you provide.

If you opt in to marketing, communications will include an unsubscribe option.

11) User submissions

If you submit content to us via the Website (for example, enquiries, feedback, testimonials, reviews, images, or documents), you:

  • confirm you have the right to submit it
  • agree it must not be unlawful, defamatory, or infringe rights of others
  • grant us a non-exclusive licence to use, reproduce, and communicate it for the purpose it was submitted (for example responding to enquiries, improving service, or publishing testimonials if you have agreed).

We may remove or refuse to publish submissions at our discretion.

12) Purchases, rentals, and separate terms

The Website may allow you to enquire about, purchase, or rent products, or sign up to monitoring. Any purchase, rental, or monitoring arrangement may be subject to separate terms (including plan terms, rental terms, warranty and returns, direct debit terms, and device instructions). If there is any inconsistency, the specific terms for that product or service will apply.

13) Intellectual property

All content on the Website (including text, images, graphics, logos, videos, layout, and design) is owned by or licensed to APERS, unless stated otherwise.

You may view and print Website content for your personal use only. You must not reproduce, distribute, modify, publish, transmit, or commercialise Website content without our prior written consent, except where permitted by law.

14) Third party links

The Website may contain links to third party websites. These links are provided for convenience only. We do not control or endorse third party websites and are not responsible for their content, availability, or privacy practices.

15) Website availability and cyber security

We do not guarantee continuous access to the Website. The Website may be unavailable due to maintenance, updates, or events outside our control.

While we take reasonable steps to maintain Website security, you acknowledge that online services are never completely secure, and internet use may involve risks such as malware or interference with systems.

16) Consumer guarantees and legal rights

Nothing in these Terms excludes, restricts, or modifies any rights you have under the Australian Consumer Law or other laws that cannot be excluded. Consumer guarantees apply automatically to goods and services supplied to consumers in Australia.

17) Liability

To the extent permitted by law:

  • we are not liable for loss arising from your reliance on Website content where that loss could have been avoided by you making your own enquiries or obtaining advice appropriate to your circumstances
  • we are not liable for loss caused by events outside our reasonable control (including network outages, power outages, and third party failures)
  • we exclude liability for indirect or consequential loss, except to the extent that liability cannot be excluded by law.

This clause does not limit your rights under the Australian Consumer Law.

18) Your responsibility and indemnity

You are responsible for your use of the Website. To the extent permitted by law, you agree to indemnify us for reasonable losses we suffer as a result of your unlawful use of the Website or your breach of these Terms (including reasonable costs we incur responding to claims arising from your breach).

19) Changes to these Terms

We may update these Terms by publishing the updated version on the Website. The updated Terms apply from the date they are published. Your continued use of the Website means you accept the updated Terms.

20) Severability

If any part of these Terms is held to be invalid or unenforceable, that part will be severed and the rest will remain in force.

21) Waiver

A failure or delay by us to enforce any right under these Terms does not operate as a waiver of that right.

22) Governing law

These Terms are governed by the laws of Australia.

23) Contact

For questions about these Terms, contact APERS via our Contact Us page.