Terms and Conditions

Find-me Watch Terms and Conditions

These Terms and Conditions set out the commercial and legal relationship between You and Find-me Technologies Pty Limited (ABN 55 144 803 707) with offices at Level 2, 315 Brunswick Street, Fortitude Valley QLD 4006 Australia (“We”, “Us” or “Our”), in respect of the purchase of Equipment and Services through Us directly.

1.

Websites

(a)

We operate websites on the domain www.findmetech.com.au its subdomains and any associated domains owned by Find-me Technologies. These websites are commonly referred to in these Terms and Conditions as the ‘Site’. The Site is a website where you can browse, select and order products advertised on the Site from Us.

(b)

Your access to and use of the Site, including Your order of Equipment and Software through the Site, is subject to these terms and conditions.  Please read these terms and conditions before accessing, using or making any purchases on the Site.

(c)

These Terms and Conditions may be updated from time to time. You will be bound by the terms and conditions at the time You purchase any Equipment and/or Software.

2.

Placing Orders

(a)

You may order Equipment and/or Software access by selecting and submitting your order through the Site in accordance with these Terms and Conditions.

(b)

Any order placed through this Site for any Equipment or Software is an offer by You to purchase the particular Equipment or Software license for the price set out in Our then current pricing as published www.shop.findmetech.com.au including the delivery and other charges and taxes) at the time You place the order (“Price List”).

(c)

We may accept or reject the offer at any time in the event that You have not provided us correct details, the Equipment is out of stock or unavailable, or you have placed the order in breach of these Terms and Conditions.

(d)

You will be emailed your order confirmation once Your order has been received in Our system with confirmation of your selected item(s) of Equipment and/or Software, payment method and delivery details.

(e)

It is Your responsibility to check with Your payment provider as to the availability of service and as to the encryption of payment data.

(f)

It is important that You follow up with Us if you do not receive an order confirmation within 48 hours of placings an order so that You can clarify all details are correct.

3.

Pricing and Payment

(a)

All payments through the Site are processed in Australian Dollars unless stated otherwise in the published Price List.

(b)

Your nominated payment method will be used to process Your payment.

(c)

We are not liable for any fees or costs incurred in the event that there is a currency conversion fee or charges imposed by Your bank or payment provider.

(d)

We must receive the full amount we have invoiced for the order in Australian Dollars to proceed with the order fulfilment process

(e)

Post initial subscription term, ongoing monthly subscription cost will be billed to your credit card, unless you advise otherwise. Post the subscription term you can cancel your monthly subscription at any time by contacting Find-me Technologies customer service on 07 3252 9929.

4.

Delivery of Equipment and Software Access

(a)

Once Your payment has been verified, Your order will be processed for dispatch. When Your order has been shipped you will be notified by email with information to track your order.

(b)

Equipment will be delivered to You by Common Carrier unless otherwise agreed with Us in writing. Risk in the Equipment will be transferred to you upon shipment.

(c)

The costs associated with shipping goods to You will be charged a fixed price for metro areas in Australia. Any location deemed to be outside metro or overseas will have freight calculated at the time your order is placed and will be charged to You.

(d)

We are not liable for losses incurred if Equipment is delivered to incorrect addresses in cases where You have provided the incorrect address. Please check your order confirmation carefully and ensure you contact us immediately if there is an issue.

(e)

You must notify Us in writing within 1 business day from the receipt of the Equipment from the Common Carrier (or other mutually agreed delivery method) if any of the Equipment has not delivered in accordance with the Agreement or is any such Equipment is damaged.  Failure to notify Us in accordance with this clause will constitute acceptance of the Equipment.

(f)

If you have provided Us with all necessary details when you placed Your order, We will provide You with access to the Software which will be included with the delivery of any Equipment to which the Software is applicable.

5.

Returns

(a)

Cooling Off

 

1.

We do not provide a refund if You change Your mind unless You are within any cooling off periods as required under the Australian Consumer Law.

 

2.

If a return is made within an applicable cooling off period under the Australian Consumer Law then the Equipment must be returned to us at Your expense and must be undamaged, fully functional in accordance with the Documentation, complete and in its original packaging in a resalable condition and received by Us within any applicable cooling off period.

(b)

Warranty Claims

 

1.

Any item which is being returned pursuant to the Warranty set out in these Terms and Conditions, shall be returned to us as follows:

 

i.

 

The Equipment must be returned in appropriate packaging and packed in a manner reasonably appropriate to protect the item from damage in transit.  You are responsible for and must prepay all return shipping charges and You assume all risk of loss or damage to any Equipment while in transit to Us. For this reason, we recommend shipping Equipment to Us using a courier that can provide You with a tracking number and insurance in the event Your package is lost.

 

ii.

 

You must provide Your proof of purchase showing the date of purchase and that the Equipment was purchased from Us or from one of Our Authorised Resellers, and a description of the fault set out clearly in writing in English describing the fault and why You believe this to be a valid Warranty Claim.

 

iii.

 

In the event We assess the Equipment and no valid fault is found which is covered by the Warranty specified below, You will be responsible for return shipping costs.

6.

Use of Equipment

(a)

Equipment must be used in accordance with the Documentation that is available on the Find-Me Technologies website.  Subject to your rights under the Australian Consumer Law, failure to utilise the Equipment in accordance with the Documentation will void the warranty set out in section 8 below.

7.

Use of Software

(a)

Subject to your payment of the appropriate on-going fees and charges for the Software and Your continuing to abide by the conditions related to the use of the Software as set out in these Terms and Conditions and in the Documentation, We hereby grant you a non-exclusive, non-assignable, non-refundable, non-transferable user level license to access and use the Software.

(b)

You acknowledge and agree that the license granted to you in respect of the Software does not grant or assign to You any other legal or equitable title or right in the Software, and that You may not sell, assign, pledge, lease, transfer, extend, modify, sub-license or in any way encumber the Software.

(c)

You acknowledge and agree that some or all of the Equipment may not fully operate or operate at all without the Software, and should your license to access and use the Software cease then some or all of the Equipment You purchased may not function and that the failure of the Equipment to function due to the cessation of Your right to access and use the Software shall not be subject to any warranty claim nor shall any refund of any Equipment be offered or provided.

8.

Equipment Warranty

(a)

Nothing in this warranty is intended to exclude or limit any rights to which you may be entitled under the Australian Consumer Law.

(b)

All Equipment is covered by Our 12-Month Limited Warranty under the following terms and conditions:

 

1.

If any item of Equipment is found to be faulty within 12 months from the date it was purchased, You may send the item to Us for evaluation and post-fault investigation.

 

i.

 

If the investigation determines that the item has a Defect:

 

 

A.

We will undertake the repair of the Defect or replacement of that item at our discretion with no cost to You

 

 

B.

For repair services covered by this warranty, the cost of shipping the Defective Equipment to Us will be Your responsibility and the costs of shipping the repaired or replaced Equipment back to You will be Our responsibility

 

ii.

 

If the investigation determines that the item(s) of Equipment has/have been damaged, whether accidental or through misuse:

 

 

A.

We will return the original, unrepaired device back to You.

 

 

B.

You will bear the cost of shipping the device back to You.

 

iii.

 

If an item is found to have a Defect 12-Months after purchase, then this warranty shall not apply.

 

2.

This warranty is non-transferrable and applies only to the original purchaser of items of Equipment purchased from Us or an Authorised Reseller.

 

3.

This Warranty covers failures of an item of Equipment to operate materially in accordance with its Documentation for a period or 12 months from purchase of that item of Equipment.

 

4.

We will respond to You within 10 business days from Our receipt of any Equipment returned to Us under a Warranty Claim.

 

5.

This Warranty does not include:

 

i.

 

Broken or scratched watch faces

 

ii.

 

Broken screens or LCDs

 

iii.

 

Liquid damage

 

iv.

 

Damages caused by accidents or mishandling

 

v.

 

Damage caused by applications or firmware which are not compatible with the Equipment.

 

6.

Any Warranty Claim that is deemed to have the Software or firmware effected by You, shall not be warrantied and You will be responsible for return shipping costs

9.

Software Warranty

(a)

We warrant that, for so long as You have a license to access and use the Software as per these Terms and Conditions, the Software will perform substantially as described in the Documentation available on Our Site.

(b)

Should You believe that the Software is not operating substantially as described in the Documentation, then please notify us via our phone number (07) 3252 9929  or via our administration email admin@findmetech.com.au.

10.

Disclaimers and Limitations on Liability

(a)

You acknowledge and agree that the Equipment relies on connectivity to a GPS, GPRS, digital mobile network services, third party monitoring services, and/or Wi-Fi technologies (“Necessary 3rd Party Services”) to make use of many of the functions available in the Equipment. You further acknowledge and agree that these Necessary 3rd Party Services are outside of Our control and that We will not be held responsible for any failure of these Necessary 3rd Party Services.

(b)

You acknowledge and agree that We are not liable for any data losses or accuracy, timely e-mail communication and time zone differences that may affect response times to enquiries.

(c)

You acknowledge and agree that we are not liable for changes that are made to the functionality of the Equipment via the Software portal by you or on your behalf after initial configuration of the Equipment prior to shipping.

(d)

Except as expressly provided to the contrary in the Agreement and to the extent allowed by Australian Consumer Law and any other applicable law, all terms and conditions, warranties, undertakings, inducements, representations, whether express or implied, statutory or otherwise relating in any way to the Equipment or the Agreement, including without limitation any duty or care towards any person in connection with the Equipment are excluded.  Without limiting the generality of the preceding sentence, We will not be under any liability to You in respect of indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data incurred by You or any third party, however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Equipment of any failure or omission on Our part to comply with Our obligations under the Agreement, even if We have been advised of the possibility of such damages.

11.

General

(a)

No right under an Agreement shall be deemed to be waived except by notice in writing by an authorised representative of the party waiving a right.

(b)

Subject to clause 11(a) above, any failure by a party to enforce any clause of an Agreement, or any forbearance, delay or indulgence granted by one party to the other party, will not be construed as a waiver of that party's rights under this Agreement.

(c)

The parties agree that the benefits, rights and restrictions contained in an Agreement are reasonable in time, scope and area and are a material part of the bargained-for consideration in an Agreement and without which the parties would not have entered into an Agreement.

(d)

An Agreement constitutes the entire agreement between the parties for the subject matter of that Agreement. Any prior arrangements, agreements, representations or undertakings are superseded.

(e)

The rights and obligations of an Agreement shall not be assigned by You without Our prior written consent.

(f)

We may sub-contract for the performance of any part of an Agreement. Irrespective of any sub-contract arrangement, We shall remain responsible for Our obligations and rights under an Agreement.

(g)

Headings used in an Agreement are for convenience and ease of reference only and are not part of an Agreement and shall not be relevant to or affect the meaning or interpretation of an Agreement.

(h)

If any provision of an Agreement is held invalid, unenforceable or illegal for any reason, that Agreement shall remain otherwise in full force apart from that provision which shall be deemed deleted.

(i)

All Agreements are governed by and construed according to the laws of Queensland (QLD), Australia.  Any suit, action or proceeding by any party with respect to this Agreement shall be brought in a proper QLD court and the parties hereby submit to the exclusive jurisdiction of such courts for the purpose of any such suit, action or proceeding.  The parties hereby irrevocably waive any objections which they may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement brought in accordance with the terms hereof, and hereby further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

(j)

Notices under this Agreement may be delivered by email, hand, registered mail or to:

 

1.

Us:

 

 

Level 2, 315 Brunswick Street, Fortitude Valley QLD 4006 Australia

 

 

Attention:        Customer Service

 

2.

If to You:

 

 

At the address listed on the relevant Order

(k)

Notice will be deemed given:

 

1.

if by hand or registered mail, upon delivery; or

 

2.

if by email, upon email reply by the recipient acknowledging delivery.

(l)

The use of the Equipment and/or the Software contrary to an Agreement may substantially diminish the value of the Equipment and/or the Software or give rise to unprovable damages and accordingly We are entitled, in addition to damages, to equitable relief to protect Our intellectual property.

12.

Glossary

 

The following terms used in this agreement have the meaning ascribed to them below:

(a)

Authorised Reseller means  a company or individual that has entered into a contractual relationship with Us, to resell Our Equipment.

(b)

Common Carrier means a company or individual that advertises to the public that it is available for hire to transport property in exchange for a fee.

(c)

Documentation means those functional descriptions and specifications relating to the operation of the Equipment and/or Software and product manuals, training materials, update notes and technical notes published and updated from time to time by Us and published by Us on Our Site.

(d)

Equipment means hardware products we sell including, but not limited to the Find-Me Carer’s Watch and related accessories as identified on Our Site.

(e)

Software means the software available for You to access via Our software portal and which allows You to utilise functions within one or more pieces of Equipment.