Terms & Conditions

 

1.    Product and Pricing

The device:

  • Can trigger an emergency in times of duress and make a call to the primary Carer
  • Has GPS and Network location capability
  • IP68 water resistant for up to 1.5 meters for 30 minutes
  • Has a daily step count
  • Has on-demand location updates
  • The Product includes a Samsung Gear S3 running Jupl’s custom firmware along with a prepaid Plan and accompanying Friends and Family service for notifications about the Wearer.
  • The Plan comes in durations 6, 12 and 24 months and includes data and 10 minutes of outgoing voice calls per month. The voice calls are rounded up to the nearest minute.
  • Any additional outgoing voice calls will be charged at NZD $0.80 per minute and will be billed at the end of the month.
  • Normal charges apply for any incoming voice calls to the watch.
  • We will alert you via your preferred method of contact as you reach the end of your prepaid Plan to offer you options for renewing your Plan.
  • Unless advised otherwise, at the end of your prepaid term, the plan will default to
    • NZD $35 + GST per month plan for self-monitoring, or
    • NZD $50 + GST per month plan for monitoring.

2.    Terms and Conditions of Sale

  1. These terms
    • These are the terms and conditions on which we supply products and services listed on our website to you as a consumer. Please note that the products and services that we supply to you are for domestic and private use only.
    • Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
    • All amounts in this agreement, unless specified otherwise, are in New Zealand dollars. Foreign exchange rates for other currencies are determined at time of transaction.

 

  1. Your agreement with Jupl
    • These General Terms apply to the Services we provide to consumers. Specific terms will also apply to your Plans and offers. If inconsistent with the general terms, the specific terms will apply instead.
    • We can contact you by publishing the information in a public notice online, or by email or TXT, or using any other contact details you provide to us. Please tell us as soon as possible if any of your contact details or other information you’ve given us changes. 
    • We can change any of our terms and any of our Plans, Services, or Charges at any time. We can also withdraw any Plan or Service at any time.  We can move you to a comparable Plan or Service if we withdraw your Plan or Service. We may notify you in advance depending on the nature of the change:
      • We’ll let you know directly at least 30 days before we make the change.  If the detriment is material, we will let you terminate any fixed term contract, or change plans, without an early termination charge or transfer fee.
      • If the change will have a neutral or positive effect on you, or if the change is required by a legal or regulatory change or is necessary for security reasons, to prevent fraud, or for technical reasons, we can make the change without giving you notice. 
    • You must be at least 18 years to buy our Product.
    • If you have signed up for a fixed contract term, you agree to receive the Services for at least the length of that fixed period. After the fixed period, or if you have not signed up for a fixed contract term, we will provide the Services to you on a month by month basis until they are cancelled in accordance with this Agreement.  Your contract term will start from the date your Service is made available to you unless specified otherwise in the Plan terms.

 

  1. Your responsibilities
    • For self-monitored users (a watch that does not forward alarms to a 24/7 call monitoring facility):
      • You accept that pressing the trigger will not connect you to any emergency services.
      • You have ensured that your nominated contact is aware of any responsibilities or actions that they might need to take in the event of an activation.
    • For monitored users, you agree to:
      • Allow the call monitoring facility to have access to any locations that are sent up as part of an Emergency Activation.
      • Allow the call monitoring facility to keep a record of you and your emergency contacts’ details on file for the purpose of better assisting in the event of an Emergency Activation.
      • Allow the call monitoring facility to receive alerts from your Jupl Safety Watch, such as, online/offline, low battery, etc.
      • Accept all charges that may arise from emergency services responding to your call (including but not limited to ambulance call outs).

 

  1. How we provide our Services
    • Our Services depend on various factors beyond our control, including network, hardware and software reliability and we cannot guarantee that they will always work perfectly.  However, the guarantees in the Consumer Guarantees Act 1993 apply if the purchase was made from New Zealand and the Australian Consumer Law if the purchase was made from Australia.
    • You may not receive some or all of the Services in certain areas or at certain times. We may need to temporarily suspend a Service so that we or our suppliers can carry out maintenance and development work on the Network.  
    • We are free to choose how we provide a Service and the technology used to provide it.  You agree to provide us with all information, assistance and consents reasonably requested to enable us, our contractors or suppliers to obtain authorisations, licences or consents that may be required to provide Services to you.

 

  1. Payment and billing
    • If you are buying a fixed term prepay service, you will be billed upfront for the duration of the term. For monthly customers, we will send you an invoice monthly by email. All Charges, unless otherwise stated, include GST.
    • Any overages incurred by you on any plan will be invoiced to you at the end of the month.
    • You must pay your bill on time and in accordance with any instructions on the bill. If you fail to do so, we may charge you a late payment fee of $9.90 (incl GST), and any expenses incurred in collecting overdue amounts.
    • You are responsible for the use of the Product, including use by any third parties, and all charges however incurred (except charges incurred because of our error or negligence). 
    • If you have an outstanding debt with us, we have the right to transfer that debt to another party who will then have the right to collect that debt from you.

 

  1. When you can change or cancel your Services
    • There are no refunds for 6, 12 and 24 months prepaid plans outside the guarantee period.
    • You can cancel your Service at any time.  You must give us one month’s notice and pay any outstanding fees.  During the one month notice period, we will continue to provide the Service (unless you ask to disconnect earlier).  We will charge you for the full notice period even if you request an earlier disconnection. 

 

  1. When we can restrict or cancel your Services
    • We may restrict, suspend, or cancel your Services if:   
      • the health and safety of any person or the safety and security of our Network is at risk;
      • for commercial reasons we can't provide the Service;
      • the Service is permanently or temporarily unavailable for any reason;
      • you fail to pay your bill on time;
      • you use our Services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights (such as copyright) or is likely to damage or negatively impact the operation of our Network, the Services or a third party’s network;
      • you resell or resupply a Service, or use it other than for ordinary personal, domestic and household purposes;
      • you do not follow our reasonable instructions in relation to your use of the Services;
      • we reasonably consider you to be a credit risk; and
      • you are otherwise in material breach of this Agreement and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so.
    • If we restrict, suspend, or cancel your Services:   
      • for any reason set out in 6.1.1 to 6.1.3 above, you will not have to pay any early termination charges;
      • for any reason set out in 6.1.4 to 6.1.9 above, you agree to pay any early termination charge as set out in your Plan terms and any other outstanding Charges; 
      • you agree to pay any outstanding Charges;
      • we may impose conditions or require payment of Charges during a suspension or for reconnecting any Services; and
      • if your plan is cancelled, you will lose any unused entitlements on your Plan.

 

  1. Limits of liability
    • To the greatest extent permitted by law, Jupl and its’ suppliers, are not liable (in any way and for any reason whatsoever including negligence) for any act or default or omission of, or any representation made by, any person other than Jupl or its agents.
    • You accept liability to us for your breach of contract or negligence, but you will not be liable for any loss to the extent it is caused by us.

 

  1. Safety and security
    • You are responsible for maintaining the security of any access codes or passwords used to access your Services or account information.
    • If your device is lost or stolen, you must contact Jupl immediately so that we can prevent your mobile Services from being used.  We will not be responsible for any loss you suffer as a result of the loss, theft, damage to, or unauthorised use of your mobile device or SIM card, or from any virus or malware or loss of information.
    • We make no representations or warranties concerning the security or content of information passing over our Network.
  2. Our right to make changes
    • Jupl reserve the right to update the Products and Services at any time to:
      • Reflect changes in laws and regulatory requirements; and
      • To implement technical adjustments and improvements
    • Jupl reserves the right to adjust these Terms and Conditions. We will notify you by your preferred method of contact of any changes that affect you.

 

  • Providing the Product
    • The price of the delivery will be displayed during the checkout process before you confirm the order.
    • During the order process, we will inform you regarding the estimated delivery time. If no date is provided, then we will deliver the Product to you as soon as reasonably possible within 30 days after the day on which we accept your order.
    • We are not responsible for delays outside our control. If the supply of our product is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
    • If there is a risk of substantial delays caused by an event, you may contact us to end the contract and receive a refund for any Products or Services you have paid for but not received.
    • You take ownership and responsibility of the product upon delivery to the address provided by you.

 

  1. Miscellaneous
    • Although we make every effort to ensure that all of our information and specifications are up to date, our products may vary slightly from their representation on our website or any collateral that we may provide.
    • If any clause, or part of a clause, in this Agreement is found to be unfair or unenforceable, the rest of the Agreement will continue to apply.
    • If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.
    • New Zealand law applies to this Agreement and our Services. You agree that a New Zealand court will hear any claims.

 

  1. Glossary
    • Words which start with a capital letter in these terms have the defined meaning set out below.
      1. Agreement – these Consumer Terms and Conditions between us and you, together with any other relevant terms and conditions that apply to your Plan.
      2. Carers – Friends, family or caregivers of the Wearer who have been given consent by the Wearer to monitor and track them via data received from the watch.
      3. Charges – any charges for the Services including those set out in the Plan terms which may include: the monthly charge for your Plan; any fees; any taxes, levies, or government charges relating to our Services; and any charges for ancillary services.
      4. Network – the communication systems we use to provide the Services.
      5. Plan– the bundle of entitlements for the Services you select and which we provide to you. 
      6. Product/Services – the device as well as any on-device firmware, mobile app or access to our cloud platform that we or our agents may provide you.
      7. Wearer – The individual who will be wearing the watch.