Please note that the device will be sent to the referral agency and not to your address.
Help@Hand Terms and Conditions
1.1 You (the person whose details are set out in the “Wearer” section of the Application Form) have been provided a Help@Hand Watch (Watch) from Help@Hand for the purposes of participating in a trial of the Watch (Trial).
1.2 During the Trial, Help@Hand will provide the Services to the person named on the Application Form (Wearer) on these terms and conditions.
1.3 By participating in the Trial, the Wearer acknowledges and agrees that:
1.3.1 the Watch will not be a substitute for other means that are currently available to the Wearer to deal with any emergency affecting the Wearer.
1.3.2 the Watch may not operate effectively; and
1.4 These terms and conditions, together with the accompanying Trial Service Application Form, form our Agreement with you.
1.5 The Watch is distributed by Help@Hand in New Zealand.
1.6 During and after the Trial the Wearer may be asked to participate in any surveys and/or any discussions regarding the Trial and respond to questionnaires or other means of communication from Help@Hand relating to the Trial. Further, Help@Hand may require the Wearer to participate in any tests relating to the Watch including test emergency calls/drills.
1.7 The Wearer will receive a Watch for free for six-month period to receive the Services. After that six-month period expires, the Wearer may choose to continue to obtain the Services for the fees then offered by Help@Hand or to discontinue the use of the service and return the watch to Help@Hand.
2. Monitoring Services
2.1 Services means that Help@Hand will:
2.1.1 monitor the Watch on a 24-hour basis and where possible respond directly to the Wearer following any emergency alarms (Emergency Alert) triggered by the Wearer as set out in clause 2.2 (Emergency Service); and
2.2 Emergency Service: When the Wearer triggers an alarm using the Watch, Help@Hand personnel will try to determine whether an emergency is taking place for the Police to respond to through the Watch.
2.2.1 Help@Hand will contact emergency services and direct them to the Wearer’s location.
2.2.2 If Help@Hand is unable to make contact with the Wearer, Help@Hand will contact the Wearer’s Emergency Contact(s) and work with them to locate the Wearer.
2.2.3 Charges that arise from emergency services attending during the Trial will be at the Wearer’s expense.
2.2.4 Help@Hand will provide the monitoring Services in English.
3. Your Watch
3.1 Help@Hand or one of its approved distributors (case worker), will deliver the Watch to the Wearer prior to the commencement of the Trial.
3.2 It is the Wearer’s responsibility to ensure the Wearer has received the Watch and understands how it operates.
3.3 Provision of the Service is limited to when the Watch is online. This is where it is charged and in cellular coverage. It is not Help@Hand’s or its suppliers and distributors responsibility to ensure the Watch is online.
3.4 The signal emitted by the Watch may be impacted or weakened by lack of cellular coverage, any obstructions around the Wearer, including reflections from metallic window tinting, large structures overhanging your location, tall buildings, electric train cables, power lines or transformers, x-ray or magnetic scanners, laptops, thunderstorms, solar flares and rain. For maximum signal efficiency, move away from any obstructions if the Wearer is able to do so.
3.5 As the Watch is a mobile transmitting device, it must be turned off when the Wearer is on an aircraft in accordance with civil aviation laws.
3.6 In the event of an outage, certain features such as the Wearer’s location and notifications may be unavailable.
4. Charges and Payment
There will be no charge for participation in the six-month trial.
5. Service Term
This Agreement may continue for longer than 6 months if Help@Hand agree to do so.
5.1 Help@Hand may terminate this Agreement immediately at any time.
5.2 Help@Hand will not be obliged to provide the Services if the Wearer, or any other person, tampers with or modifies the Watch without Help@Hand’s prior written consent.
5.3 This Agreement will terminate immediately if the Wearer no longer wants to participate in the Trial and the watch is returned.
5.4 If the watch is either lost or stolen, the Wearer must notify their case worker (distributor of the watch) immediately. This agreement is terminated immediately under this scenario.
6.1 If you believe the Watch is not functioning properly, please do not attempt to repair the Watch yourself but instead contact Help@Hand for assistance.
6.2 If the issue cannot be resolved, the Watch will need to be returned to Help@Hand, where Help@Hand will assess whether it will be repaired and returned or a replacement issued.
6.3 Clause 6.2 will not apply If the Wearer, or any other person, without Help@Hand’s consent tampers with or modifies the Watch in any way, uses the Watch for any purpose other than that for which it was originally intended by the Wearer and Help@Hand, or fails to properly care for or maintain the Watch as instructed by Help@Hand and, if any of these circumstances apply, the Wearer will be liable for the cost of the Watch.
6.4 To the fullest extent permitted at law, the liability of Help@Hand in the case of a defect in your Watch will be limited to repair or replacement (at Help@Hand’s option) of the Watch.
6.5 Nothing in this Agreement limits or excludes your rights under the Consumer Guarantees Act 1993.
The Wearer will be liable to Help@Hand for any costs or expenses incurred by Help@Hand or itssuppliers and distributors as a result of the Wearer, or any other person, tampering with or modifying the Watch without Help@Hand’s consent.
8. Release and Indemnity
8.1 To the fullest extent permitted at law, the Wearer releases Help@Hand, and its suppliers and distributors, from all actions, causes of action, claims and demands for, upon or by reason of any damage, loss, harm or injury, which the Wearer or any other person may sustain by the Wearer’s use of the Watch and/or the Services.
8.2 The Wearer indemnifies Help@Hand, and its suppliers and distributors, against all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss, harm or injury, which the Wearer may sustain while using the Watch and/or the Services.
9. Assignment and Subcontracting
9.1 Help@Hand may assign or subcontract any of our rights and obligations under this Agreement to a reputable third party.
9.2 The Wearer must not transfer its rights and obligations under this Agreement, nor may the Wearer transfer, sublease or sell the Services or the Watch, without Help@Hand’s prior written consent.
10. Force Majeure
Help@Hand will not be in breach of this Agreement to the extent that any delay or inability to provide the Services is caused by:
10.1 an event beyond our control including, but not limited to, fire, earthquake, adverse weather conditions, telecommunications failure, strikes, lockouts, other industrial disputes or any other event which obstructs or prevents continuation of the Services; or
10.2 the Watch being taken out of mobile network coverage and/or satellite view.
11. Privacy and Consents
11.1 Help@Hand will collect the personal information, additional information that potentially places the Wearer at risk, location and location history of the Wearer and the personal information of the Wearer’s Emergency Contacts in order to provide the Services.
11.2 By submitting the information in Clause 11.1, the Wearer consents to Help@Hand collecting this information , and the Wearer confirms it has the required permissions to give this information to Help@Hand, and for Help@Hand to pass on this information to third parties so that Help@Hand can fulfil its obligations under this Agreement and provide a better service. Help@Hand can pass this information to:
11.2.1 the monitoring station used by Help@Hand (and backup services), ambulance service, police service, any other emergency service or any health service;
11.2.2 the Wearer and each Emergency Contact;
11.2.3 any third party Help@Hand considers should be contacted to enable us to provide the Wearer with a better and safer service; and
11.2.4 any Help@Hand related company (as defined in the Companies Act 1993);
11.3 The Wearer consents that all information in its application can be provided to the monitoring station, security guards, ambulance service and other emergency service, supplier or health service, being provided to Help@Hand or our representatives acting on our behalf.
11.4 If emergency or security services are dispatched to assist the Wearer following an alarm being triggered, the Wearer consents to a police, an ambulance officer or security guard entering the Wearer’s property or location (including by force if required) to provide the Wearer with the appropriate services. Any costs, call out fees or damage incurred are at the Wearer’s expense.
11.5 The Wearer may request access to and/or correction of the Wearer’s personal information by contacting Help@Hand.
12. Guarantees and Entire Agreement
12.1 To the greatest extent permitted by law, Help@Hand and its suppliers and distributors are not liable (in any way and for any reason whatever including negligence) for any act or default or omission of, or any representation made by, any person other than us or our servants or agents.
12.2 This Agreement contains the entire agreement between us in relation to the subject matter of this Agreement and replaces any prior understandings and agreements whether oral or written relating to the Trial.
13. Complaints Procedure
Help@Hand abides by the Code of Health and Disability Consumer Rights. If the Wearer has a complaint or needs to update their contact information (e.g.,phone number and/or address), please contact Help@Hand on the email address firstname.lastname@example.org. If the Wearer believes Help@Hand has not dealt with the Wearer’s complaint fairly, the Wearer may complain to the Health and Disability Commissioner.