Terms & Conditions

By purchasing Services, you confirm that:

• You are at least 21 years old.

• You are legally capable of entering into binding contracts.

• You are accessing our website from within the United States of America, with the intention of using the Services in the United States only.

• Where purchasing the product on behalf of someone else, you remain responsible compliance with these terms and conditions.

• You means both you individually, and anyone else representing you, your interests, or your estate.

By purchasing Services you agree that:

• Your agreement to our terms and conditions constitutes a binding contract between us.

• The terms and conditions and your order acknowledgement email/letter set out the entire agreement between us.

• When purchasing online, in order to complete any purchase you must check the ‘I Accept’ box next to the Term & Conditions link on the checkout page.

• Any information, promotional literature, images and/or any other type of information available through or site or sent to you by us does not form part of our contract.

• In the event of an inconsistency between the order acknowledgement email/letter and the terms and conditions, the order acknowledgement email shall prevail.

• If your purchase is from the SureSafe 24/7 Monitored range then you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted. Your order constitutes an offer to rent equipment and provide monitoring services. We will then request the necessary additional information required for us to provide the Services, and for you to pay for the Services. Once you have provided this information the Contract shall come into existence between us and you.

• If you are purchasing equipment from us from our Family Monitored range then the order acknowledgement email is a confirmation of your order for the equipment only and the point at which a contract between us comes into existence. Any subsequent order of pre-paid cell service credit shall be a separate and additional contract between us.

• Any quotation for the provision of Services is given on the basis that a binding contract shall only come into existence in accordance with this clause. Quotations are valid for 30 calendar days from the date we give it to you. We reserve the right to withdraw or amend it during this period. We will notify you in writing if we do.

• We reserve the right to revise our terms and conditions from time to time. We will give you notice in writing and at least 30 days in advance of this. In such an event, you will have the option to cancel this agreement without penalty.

SureSafe 24/7 Monitored Range

The initial agreement is for a time period of 3 calendar months and shall automatically renew under the same terms and conditions for equal, successive periods until terminated by either party. After that initial period, either party may terminate this agreement by sending the other party thirty (30) days prior written notice. Upon termination, you will return your equipment to us, including all wires, attachments and other ancillary items. We will provide you with a pre-paid return label upon request. You will receive a pro-rata refund of any unused full months of service within 14 days of us receiving the equipment back. If you fail to return the equipment within fifteen (15) days following termination, you agrees to pay us in cash the replacement cost of the equipment at the end of such fifteen (15) day period. The replacement cost is $299.

SureSafe Family Monitored Range

You need to set up a SureSafe pre-paid subscription for your SureSafeGO Family Monitored alarm to operate. Pre-paid family monitored subscriptions are billed in 3-month increments. These payments are taken by subscription from a credit card of your choice. You can manage your subscription in the ‘my account’ section of our website. Subscriptions can be cancelled at any time. There are no refunds for unused months of subscriptions after you cancel.

When you place the order for the SureSafeGO Family Monitored alarm it is your property and does not need to be returned when you cancel service.

Upon receipt of an alarm activation, we (including our 24/7 alarm receiving center), shall make every reasonable effort to notify you and the appropriate municipal police or fire department. You acknowledge that signals which are transmitted over telephone lines, internet, VOIP, Cellular or other modes of communication pass through communication networks wholly beyond our control and which are not maintained by us and, therefore, we shall not be responsible for any equipment failure which prevents transmission signals from reaching us, or damages arising there from. You agree to furnish us with a written list of names and telephone numbers of those persons you wish to receive notification of emergency conditions together with a list of all medication, allergies and medical conditions you wish to be available to all personal emergency response personnel and medical personnel. All changes and revisions shall be supplied to us in writing. You acknowledge that we provide no response to a personal emergency response system signal except notification to the appropriate party, and that the provisions of this agreement exculpating and limiting our liability are fully applicable to the equipment and service we provide. We may, without prior notice, suspend or terminate service, in event of your default in performance of this agreement, or in event your system is sending excessive communication. We are authorized to record all telephone conversations and shall own such recordings.

You agree not to tamper with, open, attempt to reprogram or otherwise interfere with the equipment. You agree to bear the cost of repairs, replacement, or additions to the system made necessary as a result of any painting, alteration, remodeling or damage, including damage caused by unauthorized intrusion to the premises, lightning or electrical surge, except for ordinary wear and tear, in which event repair or replacement shall be made by us without additional charge. Electrical surges, lightning damage, abuse, and loss of components are not included in service and will be repaired or replaced at your expense.

You acknowledge that the equipment requires mobile cell service to make calls, send SMS and use data. You acknowledge that the equipment requires GPS signal in order to accurately report location. Without either or both, the equipment might not work as expected, or might not work at all. You acknowledge that we are in no way responsible for the provision of cell service and GPS signal, both of which are managed by third parties and are wholly outside of our control. We shall not be responsible in any way for any losses as a result of a complete or partial lack of cell service or GPS signal.

You agree to furnish, at your expense, all 110 Volt AC power and electrical outlets and receptacles necessary to charge the equipment when required.

We are not be liable for any damage or loss sustained by you as a result of delay in equipment being delivered, failure, or interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including our negligence in the performance of this agreement, and you shall not be relieved from payments due under this agreement for such period.

SureSafe 24/7 Monitoring Range

You will test the equipment at least once every 30 days to check that it is operating correctly. You will follow the testing procedure in the User Guide provided. You will not use the SOS button on the equipment to test the alarm.

You agree that the equipment, once delivered, is in the exclusive possession and control of you, and it is your sole responsibility to test the operation of the equipment and to notify us if it is in need of repair or replacement. We shall not be required to service or replace the equipment unless the equipment is returned by you to us at the address provided by us at the time.

We will, at our discretion, supply you with replacement equipment, pending receipt of the original equipment back. We will, upon your request, arrange for a pre-paid shipping label to be provided to you to return the equipment to us. It is your responsibility to take the equipment to the drop-off location for the courier on the label. If we determine that the equipment is operational then you will be liable for an administration charge of $149.

Once a month you will power off the alarm for 2-3 minutes before powering it back on. This resets the device and helps ensure that it will continue to operate reliably.

SureSafe Family Monitored Range

You will test the equipment at least once a month to check that it is operating as expecting. Testing the SureSafe 24/7 Family Monitored equipment is carried out by pressing the SOS button for three (3) seconds. You will warn your nominated emergency contacts in advance that you are testing the equipment.

Once a month you will power off the alarm for 2-3 minutes before powering it back on. This resets the device and helps ensure that it will continue to operate reliably.

In the event that you activate the equipment, or the equipment detects a fall, you authorize us to seek to notify or obtain assistance from emergency responders and/or nominated emergency contacts. You shall be obligated for and agree to pay any costs and expenses incurred including, but not limited to, ambulance, physician or other medical assistance in obtaining assistance, or cost whatsoever incurred as a result of your use of the equipment.

SureSafe 24/7 Monitored Range

This Agreement shall terminate upon the equipment user’s death. You should notify us as soon as reasonably possible after the event and you will return the equipment to us. We will supply you with a pre-paid shipping label to return the equipment to us. You can request that by email to [email protected]. We will terminate all services upon death of equipment user, including cancelling any ongoing subscriptions.

SureSafe Family Monitored Range

You are responsible to cancel your pre-paid subscription with us when you no longer require the alarm. This is completed in the ‘my account’ part of our website. Subscriptions are non-refundable, for any reason. You do not need to return the alarm equipment when you no longer require it.

You are not permitted to assign this agreement without our written consent. Any such assignment without prior approval shall be deemed a breach of this agreement. We shall have the right to assign this contract and shall be relieved of any obligations created herein upon such assignment. You, on your behalf, and any insurance carrier, waives any right of subrogation your insurance carrier may otherwise have against us or our subcontractors arising out of this agreement or the relation of the parties hereto.

You agree to and shall indemnify and hold harmless us, our employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third Parties, including reasonable attorneys’ fees, and losses asserted against and alleged to be caused by our performance, negligent performance or failure to perform its obligations under this agreement. Parties agree that there are no third-party beneficiaries of this contract.

Upon termination of this agreement we shall be permitted to discontinue all monitoring service and you shall at return the equipment to us. We will supply you with a pre-paid return label for the return of the equipment which you can request by sending an email to [email protected]. If for any reason said equipment is not delivered to us within 15 days of such termination, you shall be deemed to have purchased the equipment for the agreed value of $299.

NOTE: This clause does not apply to you if you purchased equipment that is part of the SureSafe Family Monitored Range.

You agree to waive trial by jury in any action between us. All actions or proceedings against us must be based on the provisions of this Agreement. Any other action that you may have or bring against us in respect to other services rendered in connection with this Agreement shall be deemed to have merged in and be restricted to the terms and conditions of this Agreement. Should we require to refer this contract to an attorney, you will pay our legal fees.

This agreement shall be governed by the laws of the United Kingdom. You submit to the jurisdiction of the United Kingdom and agrees that any litigation between the Parties must be commenced and maintained exclusively in the United Kingdom, and in the county where our principal place of business is located. Any service of process or papers in any action, proceeding or arbitration may be served by recorded mail delivered by the US Post Office or other carrier to this address:

Bora Health Limited

Anfield Business Centre

58 Breckfield Road South

Liverpool

L6 5DR

SureSafe 24/7 Monitored Range

You agree to pay the monthly fees listed on the product page on our website that your order relates to, and confirmed in the order confirmation email sent to you when you place your order. All fees are paid quarterly in advance, and fees are paid via ACH bank transfer. After placing your order you will receive an email asking you to set up an ACH mandate for payment. This ACH mandate must be set up before we provide the 24/7 monitoring services. Where you cancel your ACH mandate we will contact you to ask you to set it up again. Failure to set the mandate up again within 7 days will be considered you cancelling your service with immediate effect and we will cancel the monitoring service being provided and you will need to return the equipment in accordance with this agreement. We will only contact you once, at the email address supplied with your order (or any subsequently email address notified to us in writing), before cancelling your service 7 days later. It is your responsibility to make sure an active ACH mandate is in place, and that sufficient funds are available to pay for the monthly fees. You acknowledge that we will not be liable in any way for anything arising from our cancellation of your service as a result of non-paid fees or a cancelled ACH mandate.

SureSafe Family Monitored Range

You require an active pre-paid cell service credit subscription for your SureSafe Family Monitored alarm to work. Subscriptions are purchased via our website and are managed in the ‘My Account’ section of our website. All subscriptions are set up to auto-renew unless cancelled by you. It is your responsibility to make sure an active subscription is in place, that a valid credit card is saved to your account, and that sufficient funds are available to subscription fees. You acknowledge that we will not be liable in any way for anything arising from our cancellation of your service as a result of non-paid subscriptions or a cancelled subscription.

SureSafe 24/7 Monitored Range

You understand that the product and service are for use in emergencies or suspected emergencies. We reserve our rights to cancel your service as a result of excessive use. Excessive use is defined as 30 or more alarm activations in a 30 day period.

SureSafe Family Monitored Range

The SureSafeGO credit subscription is unlimited, subject to a fair use policy. Fair use is defined as up to 45 minutes of talk time and/or 150 text messages in a calendar month. We reserve the right to either cancel your service without refund or charge an additional fee should the fair use policy be breached.

You acknowledge that false alarms can occur while using the equipment and services. You will indemnify or reimburse us for any fines, invoices, or other payments requested relating to false alarms. We shall have no liability for false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by police or fire department response to alarm, whether false alarm or otherwise, or the refusal of the police or fire department to respond. In the event of termination of police or fire response by the municipal police or fire department this contract shall nevertheless remain in full force and you shall remain liable for all payments provided for herein. Should we be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement you agree to pay us for such service or material.

The equipment includes two-way voice and is meant to be heard under optimal conditions. In the event that the two-way audio is not clear, or the central station does not hear audio, you authorize us to follow emergency response procedures. We will notify nominated contacts provided first. Where no nominated contacts are contactable, or are unable to attend your location, we will then contact 911. You authorize us in our sole discretion to authorize forcible entry to gain access to your premises in the event the equipment generates an alert to the monitoring center and you cannot be heard through the unit’s microphone, nor do you answer the telephone. You do hereby release us from any and all liability whatsoever as a result of said forcible entry.

You agree that we are authorized and permitted to subcontract any services to be provided by us to third parties who may be independent of us, and that we shall not be liable for any loss, damage or injury sustained by you by reason of any other cause whatsoever caused by the negligence of third parties. You acknowledge that this agreement, and particularly those clauses and paragraphs relating to our disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors and communication centers we subcontract to.

We do not represent nor warrant that the equipment will prevent any loss, damage or injury to person or property, or that the equipment will in all cases provide the protection for which it is used or intended. You acknowledge that we are not an insurer, and that you assume all risk for loss or injury to your property or person. We have made no representation or warranties, and hereby disclaim any warranty of merchantability or fitness for any particular use. We are not assuming liability and therefore shall not be liable to you for any loss or injury sustained by you as a result of any cause whatsoever, regardless of whether or not such loss or injury was caused by or contributed to by our negligent (including gross negligence) performance to any degree or failure to perform any obligation or strict products liability. You release us from any claims for contribution, indemnity or subrogation.

Your exclusive remedy for our default hereunder is to require that we repair or replace, at our choice, any equipment or part of the equipment which is non-operational.

You agree that the products and service are not designed or guaranteed to prevent any loss or injury. If, notwithstanding the terms of this Agreement, there should arise any liability on our part as a result of any cause whatsoever, regardless of whether or not such loss, damage, or personal injury was caused by or contributed to by our negligence to any degree or failure to perform any obligation or strict products liability, such liability will be limited to an amount equal to six (6) times the monthly payment paid by you to us at the time such liability is fixed, or to the sum of $250, whichever is greater.

You acknowledge and agree that any medical or other personal information provided by you may be disclosed by us to any personal emergency response personnel or medical personnel requesting same.

Should there arise any conflict between this Agreement and your order confirmation or other document, this Agreement will govern, whether such purchase order or document is prior to or subsequent to this Agreement.

This Agreement constitutes the full understanding of the Parties and may not be amended or modified or canceled except in writing signed by both Parties. Should any provisions of this Agreement be deemed void, all other provisions will remain enforceable.