Terms & Conditions
Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by Firstcall Connect Pty Ltd trading as FirstCall Medical Alarms ("we”", "us", “our” “FirstCall”) to you, the purchaser of goods and services from us, including your use of the website at www.firstcallmedicalalarms.com.au ("the website").
Purchase and use of the FirstCall Alarm ("the equipment”) is acknowledgement that you understand and agree to these conditions. If you do not agree to all these conditions please return the alarm equipment to FirstCall Medical Alarms at PO Box 919, Neutral Bay, NSW 2089, within 30 days of equipment purchase for a refund of all money paid less delivery charges and less telecommunications charges.
We reserve the right to change these terms and conditions by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
2. Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available we will endeavor to notify the non-availability on our website. If a purchaser has paid for goods that are not in stock at the time of purchase the full cost of goods will be refunded as determined by the purchaser.
3. Pricing
All prices are in Australian Dollars and are inclusive of postal charges. FirstCall medical alarms are a medical alert device and are GST free under schedule 3, item 33, to the GST Act.
All prices are correct when published. We reserve the right to alter prices at any time. Price increases will not be back-dated and will not apply to orders placed but not delivered.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
4. Payment options
We accept credit card payments via the Stripe secure payment gateway.
5. Credit card security
FirstCall Medical Alarms uses the Stripe Payment Gateway for online credit card transactions.
Stripe advise they are certified to PCI Service Provider Level 1, and as soon as you enter the Stripe payment gateway there is no visibility of transactions to FirstCall Medical Alarms, or to the website host, or to any other party.
All card numbers are encrypted at rest with AES-256. All storage, decryption, and transmission of card numbers runs in separate hosting infrastructure.
6. Shipping and delivery
FirstCall will attempt to ship orders within 3 days. The purchaser will be notified if any product is out of stock and will be given an opportunity to cancel or modify the purchase order.
Delivery within Australia is by Australia Post or any other delivery service selected by Firstcall.
All FirstCall Medical Alarms are delivered free of charge throughout Australia.
FirstCall ‘Home Safe’ medical alarms are sent by Australia Post express service.
FirstCall Mobile Alarm Pendants contain a lithium battery and may need to be sent by road.
All product prices are inclusive of postal charges for delivery within Australia. Delivery to other countries will incur an additional charge.
7. Returns policy
If for any reason you are not completely satisfied, within 30 days of purchase FirstCall will refund the full purchase price of the returned goods less delivery charges and any used telecommunications charges.
Please ensure that you test the FirstCall alarm on receipt. FirstCall will check the expected 3G/4G mobile phone network coverage in your area, however we cannot be 100% sure of network coverage in all situations. If you believe there is a technical incompatibility or a poor 4G/3G mobile phone signal that prevents correct operation within your home, please contact FirstCall within the 30-day returns period. If the issue cannot be resolved to your satisfaction FirstCall will refund the full purchase price of the returned goods less delivery charges and any used telecommunications charges.
All goods must be returned in their original condition. A refund will not apply to goods which have been damaged after delivery or are returned in poor or dirty condition or if any attempt has been made to alter the goods.
All postage and insurance costs are to be paid by the customer.
The customer assumes any and all risk of lost, theft, or damage to returned goods during transit. FirstCall Medical Alarms will not be responsible for parcels lost or damaged in transit if you choose not to insure. We recommend that you return the product via Registered post and that you pre-pay all postage. We advise you to take out item-tracking and insurance for the returned goods.
8. Website information
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided.
Use the information on this site is at your own risk. FirstCall Medical Alarms assumes no responsibility or liability for any errors or omissions in the content of this site. The information contained in this site is provided on an "as is" basis with no guarantees of completeness, accuracy, usefulness or timelines.
9. Life support policy
The FirstCall Alarm System is not a life saving device and cannot provide a guaranteed level of performance beyond what can be expected from technology of that kind.
The equipment can only perform it’s function when operated correctly. It is essential that the user develops operating procedures which include regular system testing and consideration of other forms of communication to call for assistance in the unlikely event that a malfunction occurs.
To ensure that the system performs as designed, it must be installed, operated, maintained, and regularly tested in accordance with the information contained in the user manual and other supporting documentation. The user has the sole responsibility for maintenance and testing of the alarm.
FirstCall cannot be held responsible for failures beyond its control. FirstCall uses external systems and services such as telecomminications and Global Positioning Satellite (GPS) systems which FirstCall does not control. FirstCall will not be held liable for any consequential loss or damage other than those determined by Australian Consumer Law.
10. Telephone network performance
The equipment may make telephone calls over the PSTN exchange network, or the National Broadband Network (NBN), or the 3G/4G mobile phone cellular networks. If enabled, text messages are sent over mobile phone networks.
Although modern telephone networks are very reliable, there are times when, due to network congestion, fault conditions or other causes beyond our control, the telephone calls and/or text messages may not be successful.
All mobile phone devices, such as the FirstCall 4G Mobile Medical Alarm products, operate over radio frequency signals and cellular networks and cannot be guaranteed to connect in all conditions. Equipment operating over the mobile cellular networks will not be able to perform their function if the cellular network is not available or if the wireless signal is poor.
FirstCall cannot be held responsible for failures beyond its control. FirstCall uses external systems and services such as telecomminications networks, wireless cellular networks, and Global Positioning Satellite (GPS) systems which FirstCall does not control. FirstCall will not be held liable for any consequential loss or damage.
11. Mobile SIM charges
Mobile alarm pendants only
Equipment that operates over the mobile phone network may be supplied with a subscriber identification module (SIM) card.
The SIM card remains the property of FirstCall.
SIM cards supplied by FirstCall Medical Alarms are provided on a yearly subscription basis. Use of a FirstCall SIM card is permitted for emergency events and occasional equipment testing purposes only. The SIM card may also be used to receive telephone calls which are not charged back to the SIM account (see - Fair Use Policy).
The SIM card will be activated for 12 months from the dispatch date of the FirstCall Medical Alarm. FirstCall will notify the purchaser by Email every 12 months and at least 21 days prior to the SIM account expiry date and may offer a SIM renewal for a further 12 months. The SIM renewal fee will be based on the rate charged by the wholesale SIM provider at the time of renewal.
It is your responsibility to:
a. ensure you receive the SIM renewal notice by Email.
b. pay the renewal fee by the due date.
c. not remove the FirstCall supplied SIM card from the medical alarm device prior to obtaining authorisation from FirstCall.
d. comply with the FirstCall Fair Use Policy (see below)
e. advise FirstCall if the SIM account is no longer required, (for instance, if the Medical Alarm is no longer required). Unused portions of the SIM account fee cannot be refunded.
If the SIM renewal fee remains unpaid 21 days after the renewal due date the SIM account may be deactivated without further notice to you. In this case the Medical Alarm will no longer operate and an additional fee may be charged to reactivate the SIM account. In some cases the medical alarm may need to be returned to FirstCall.
12. Fair use policy
4G medical alarm pendants only
FirstCall is able to provide a very low-cost yearly-renewable SIM account based on the assumption that a Medical Alarm pendant will only make emergency calls and texts, and occasional test calls. You must only use the FirstCall Medical Alarm pendant in the event of an emergency, or for occasional testing purposes. You may receive any number of incoming phone calls that are not reverse-charged back to the receiving party.
You must not remove the SIM card without prior authority from FirstCall and you must not use the SIM card in any other device.
Excessive usage is considered to be any type of call or text message related to anything other than an emergency or test event, or more than 40 activation’s per year, or if the total call cost for any yearly period exceeds the fee.
In the event we identify excessive usage we will advise you by Email and charge you for the excessive usage. The excessive usage charge will be based on the rate charged from time to time by the wholesale SIM provider.
If we cannot contact you, or if the Fair Use issue is not resolved, or if the account remains unpaid more than 21 days following notice to you, or if we have reasonable grounds to believe the SIM card has been used in another device, we may deactivate the SIM without further notice.
If you intend to do anything which is likely to increase the rate of calls or text messages, say by increasing the frequency of GPS tracking or by using the pendant for making general outgoing calls, you should contact FirstCall to discuss alternative SIM options that would be more cost effective.
13. GPS accuracy
Mobile alarm pendants only
Some medical alarm products supplied by Firstcall use GPS positioning to convey the location of the user in an emergency. An accurate GPS location fix requires the GPS receiver in the equipment to be able to receive a radio signal from multiple low-earth-orbit satellites. If the equipment is taken into buildings, car-parks, shopping-malls, or other types of structures, the radio signal from the satellite will be blocked (highly attenuated). The equipment will not be able to determine the actual position, rather it will identify the last known good location fix position. This may be outside the entrance to the building or complex, or it may be some distance away.
FirstCall cannot be held responsible for failures beyond its control. FirstCall uses external systems and services such as telecomminications and Global Positioning Satellite (GPS) systems which FirstCall does not control. Firstcall will not be held liable for any consequential loss or damage other than those determined by Australian Consumer Law.
14. Fall detection
Mobile alarm pendants only
Some medical alarm products supplied by Firstcall are equipped with a fall-detector which is intended to alert contacts in the event of a fall. Modern fall-detectors use sensors embedded in an integrated circuit to detect movement, acceleration and deceleration and, together with complex computer algorithms, try to determine what is, or is not, a fall.
Although the sensors and computer algorithms are very advanced, and are being constantly refined, fall-detection is not a perfect science - there are some types of falls that may not be properly detected, such as a gentle slip.
15. Warranty
Our goods come with Warranty guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The benefits given by this warranty are in addition to those guarantees and any other rights and remedies of consumers under a law in relation to the goods to which the warranty relates.
Under this warranty, FirstCall Connect Pty Ltd (FirstCall) will at its option elect to repair or replace faulty parts and workmanship for a period of twelve (12) months from the time of dispatch to the customer from FirstCall Medical Alarms.
Equipment must be returned to FirstCall Medical Alarms by mailing the equipment to PO Box 919, Neutral Bay, NSW 2089, for repair, together with a description of the fault. The customer will pay all freight charges and any other charges associated with return of equipment.
Physical damage, misuse, lightening damage, high voltage transient damage, or battery replacement are not covered under the terms of this warranty.
A charge will be made for any other services and parts required by the customer other than rectifying the original warranty request.
OTHER THAN THE CONSUMER GUARANTEES PROVIDED BY THE AUSTRALIAN CONSUMER LAW (WHICH MAY APPLY DURING AND BEYOND THE PERIOD OF THIS WARRANTY), THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED, THAT APPLY TO THIS PRODUCT FOLLOWING THE PERIOD OF THE EXPRESS WARRANTY PROVIDED BY FIRSTCALL MEDICAL ALARMS. FIRSTCALL MEDICAL ALARMS WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OTHER THAN ANY SUCH DAMAGES FOR WHICH FIRSTCALL MEDICAL ALARMS MAY BE LIABLE UNDER THE AUSTRALIAN CONSUMER LAW.
16. Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Each of the parties to this Agreement irrevocably agrees that the courts of New South Wales shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity or the supply of services or information or website content, and for these purposes, each party irrevocably submits to the jurisdiction of the courts of New South Wales.
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where you are located.
17. Privacy policy and confidentiality
This policy details how FirstCall Medical Alarms will deal with matters relating to the collection, use, disclosure and storage by us of personal and /or confidential information related to customers and other persons as required by the Privacy Act 1988 (the Privacy Act) and the Australian Privacy Principles (Privacy Principles).
In this Policy 'personal information' has the same meaning as in the Privacy Act.
FirstCall Medical Alarms respects and values the privacy of personal information concerning our customers and other persons, and will comply with the requirements of the Privacy Act and the Australian Privacy Principles in so far as they are applicable.
FirstCall Medical Alarms uses supplied information in order to supply medical alarms and services. The supplied information includes the names and phone numbers of 3rd parties who act as user representatives, carers, alarm call contact persons, and others.
FirstCall Medical Alarms will only collect, use, and disclose personal information about customers, carers, contact persons, and other persons for purposes of:
a. supplying the medical alarm equipment.
b. providing an alarm monitoring service, including providing a response to an alarm.
c. providing customers, carers and contact persons with services, products and information about FirstCall Medical Alarms.
d. confirming credit and other transactions required for the provision of the equipment or services.
e. maintaining a register of FirstCall Medical Alarm customers, carers and contact persons.
f. for any other specific purposes for which a customer may consent.
This policy does not extend to external entities or entities linking or linked to the FirstCall website.
17.1 Personal information security
FirstCall Medical Alarms is committed to keeping secure the personal information provided to it by customers and other persons, and will take all reasonable precautions to protect the personal information it holds from misuse, loss, unauthorised access, modification or disclosure.
FirstCall Medical Alarms does not store credit card details unless the customer has chosen a monitoring service with monthly fees automatically debited from a nominated credit card or account.
17.2 Access, correction and inquiries
Customers can request FirstCall Medical Alarms to provide them with access to personal information FirstCall Medical Alarms holds about them subject to the exceptions in the Privacy Act.
Customers and others are requested to contact FirstCall Medical Alarms if any of the details we hold are changed, or if they become aware that any information held by FirstCall Medical Alarms about them is inaccurate, incomplete or outdated.
Contact with FirstCall Medical Alarms about any matters arising from this policy should either be by email to info@firstcallmedicalalarms.com.au or by post addressed to FirstCall Medical Alarms, PO Box 919, Neutral Bay, NSW 2089.
Complaints about a breach of the Australian Privacy Principles should be made to the Managing Director, FirstCall Medical Alarms, PO Box 919, Neutral Bay, NSW 2089.
18. General conditions
FirstCall reserves the right to change these terms and conditions from time to time. We can change these terms and conditions without notice to you if we reasonably consider the change to be of benefit to you or have a neutral effect on you. We will give you at least 30 days notice if we consider any change will have more than a minor negative effect on you.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by:
a. sending them to an email address that you have notified to us, or
b. in the form of a notice posted on our website at www.firstcallmedicalalarms.com.au