Please read and accept the terms and conditions contained herein before you purchase any Prime Alert device. You are deemed to have accepted our terms and entered into agreement with us by purchasing any Prime Alert device.
Contact us at email@example.com if you need further clarifications on our Terms and conditions.
The Terms and Conditions of Service listed hereunder is deemed accepted by either:
- by installing and downloading PrimeAlert mobile App
- Buying and/or subscribing to PrimeAlert’s Livesaver Device and any other components.
- by integrating our Device with any third-party application.
You agree that these Terms and Conditions create “an Agreement duly signed or executed by “you” under any applicable law or regulation. To all intent and purposes, this Agreement and any other agreements, notices or other documents regarding any Customers or subscriber may be provided electronically via the company’s official website, and same are hereby deemed as an adequate and acceptable medium.
By accepting the terms and conditions hereunder, you hereby present yourself to be an adult with the legal capacity to enter into a contract.
In these terms and conditions, unless the context otherwise so requires, the following words and terms shall have the following meanings:
- “Company”: This is “PRIMEALERT SECURE LIMITED’’ and includes its authorised representatives; and where the context allows, words like ‘WE’, ‘OUR’ suffice.
- “Mobile App” means PrimeAlert’s mobile application as downloaded and obtained from online mobile stores like playstore, apple store etc.
- “Emergency Monitoring Centre” This is PrimeAlert’s Emergency Monitoring Centre where signals are received from the device by the company; and also, where calls are made to and received from Service Providers.
- “Emergencies” This includes health/medical emergency, fire incidents, domestic emergency, and other safety related situations.
- “Device” means PrimeAlert’s Lifesaver, SOS button, smoke detector mate, and any other piece of equipment, instrument, contraption, etc provided by the company and (where the context so admits) any part or replacement part thereof; including but not limited to other third-party licensed products.
- “Customer”: refers to person, persons, firm or company, household and agents or assigns that purchased, paid and acquired PrimeAlert’s App or device.
- “Installation Date”: Means the date when the purchase and installation of the device commenced by The Company or the Customer.
- “Services”: These include deployment of ambulance services, Tactical and response team, Fire Service truck, Monitoring and Maintenance Services provided by the Company to subscribers, etc
- “Service Providers”: Team and unit from PrimeAlert that provides services to our subscribers. This term is used interchangeably with ‘First Responders’.
- “Subscribers” means all Customers that have active and running subscription on their device and app.
- “Working Hours”: 24 hours, Monday to Sunday public Holidays inclusive.
- “Premises”: refers the locations and sites where the Device is installed.
- “Subscription fees” means periodic fees payable to the company for the services. In the case of a firm or company or organization, or Government agency; the authorizing individual will be responsible jointly and severally for any payments, debts or charges so arising.
- “Parties” means PrimeAlert and a Subscriber/Customer.
2.1 If any mandatory laws are applicable to the provision of the Services under these Standard terms and Conditions, it shall be construed as being subject to such laws. Nothing in these standard terms and conditions shall be construed as a waiver by the Company of any of its rights or protection or as extension of any of its obligations or responsibilities under such mandatory laws.
2.2 The Company shall be entitled to retain and be paid all amounts customarily retained by or paid to providers of service similar to the Service. This shall not affect the Charges payable by subscribers.
2.3 The Company has license to an App that aids in the activation of the Liversaver device virtually, without the SOS button. A subscriber(s) shall furnish all necessary information including the details of their carers and emergency contact person who shall be notified via SMS immediately the device is activated.
2.4 The Device is to be engage only in times of emergencies and needs. The company shall not be liable for any other use of this device. Any misuse of the device is entirely at the Customer’s or subscriber’s liability.
2.5 The lifesaver device comes in a package containing two SOS alert buttons, SIM and Battery provided by the company. The batteries are to be changed as at when due by the Customer.
2.6 The SOS button activates the lifesaver device, and signal will be sent to the Company’s Emergency Monitoring Centre. LifeSaver device can also be activated via PrimeAlert’s mobile App. The App is an ‘accessory’ and an added advantage that can be used to alert our EMC.
2.7 Only when the signal has been received by the company’s Emergency Monitoring Centre, that a call shall be put through to the subscriber to enquire the nature of the emergency; whilst simultaneously sending notifications to carers and emergency contacts details as provided by such subscriber.
3. APPOINTMENT AND SCOPE OF WORK
3.1 The device is built with the aim to helping and aiding to provide emergency services, in consideration for the subscription fees.
3.2 However, the company’s scope of responsibility is limited to the emergencies, and reserves the right to refuse any request where the services required is not included in our scope of work; provided that PrimeAlert shall not send any response unit if and when the requested emergence does not fall within PrimeAlert’s purview of service.
3.3 The company’s emergency respond unit are activated in the following circumstances:
- Health challenges and emergencies
- Safety related incidents
3.4 Under no circumstances shall a subscriber request the services of PrimeAlert response unit in a Civil issues or conflict. PrimeAlert is shall not honour such request and reserves the right to terminate service to any subscriber who insists on such demand.
3.5 The Company shall provide a 24-hour emergency response service and, subject to practical availability, distance, conditions and nature of the emergency, a response team shall be immediately deployed to the Subscriber’s location within a reasonable time; provided that the time limit for such deployment is strictly subject to other contingencies like traffic, curfew, lockdown, riots/protest, government imposed restrictions, force majeure, etc;
3.6 PrimeAlert shall not accept any liability in any form or manner, occasioned by delay in dispatching the first responders
3.7 PrimeAlert’s services is not encompassing; we ONLY send first responders to our subscribers in time of emergency, and help linkup with the designated caregivers of our subscribers’ choice. The relationship, treatment and charges between a subscriber and the caregivers is without prejudice to our service to the subscriber.
4. SALE AND PURCHASE OF THE DEVICE
4.1 Once the device is purchased, the Customer is deemed to have accepted this Terms and Conditions, and shall not transfer the use of the device to a Third-party without a written authorisation of the Company.
4.2 Notwithstanding delivery and passing of risk to the Customer, the Device shall not pass to the Customer until the Full Purchase Price is received by the Company; provided the company still reserves its right to run any promotional offers of the device, subject to terms and conditions.
4.3 Until such time as title in the Device has passed to the Customer:
4.3.1 The Customer shall hold the Device on trust for the Company, and shall not sell but shall keep the same properly protected.
4.3.2 The Company (without prejudice to its Terms and Conditions, other rights and remedies) shall have the right to recover all costs associated with the purchase, supply, activation and installation of the Device; provided that once the Device and Subscription fees have been paid in full, the Warranty applies.
5. ACTIVATION AND INSTALLATION
5.1 The Device is easy to install, and Customers can install such at their preferred premises.
5.2 The Company can, on the request of a subscriber, install the device at the location of choice of the subscriber; provided the company reserves the right to charge extra cost for such installation.
5.3 Once a Customer subscribes to the Device, such a Customer becomes a subscriber; provided the Customer must pay in full, the complete fees of the desired subscription plan.
5.4 A subscriber is responsible for ensuring that the Device is placed at strategic and suitable place within the premises for convenience and easy access in case of emergency.
5.5 The Customer can purchase as many devices as possible for convenience and as required, provided the company reserves the right to reject purchase orders of multiple devices without invoice of the subscription made.
5.6 The Subscriber Identity Module (SIM) card in the Device is a property of the Company, and the company reserves the right to terminated the license of a subscriber to make use of an inactive SIM left unsubscribed for more than 3 months.
6.1 MONITORING – Provided that the subscription fee has been paid and the Device in good working condition, the company shall monitor and receive signals from the Device to ensure uninterrupted communication between the device and the Company’s Emergency Monitoring Center.
6.1.2 The company agrees to provide the subscriber with a 24-hour monitoring of the signals received from their device to ensure speedy deployment of first responders whenever the Device is activated, provided that the Company shall not be liable for non-reception of signal due to network related issues from network providers.
6.1.3 It is the subscribers’ responsibility to ensure that the communication connections are operational by regularly checking the device –
6.1.4 It is a subscriber’s responsibility to make sure the subscriptions are up to date, the battery life is optimal, to immediately report any network related issues to the company immediately.
6.1.5 The Company does not refund subscription fees.
6.1.6 And in the event of a Customer’s network communications failing, once notified by the Customer, the company will take immediate remedial action of such a failure. Normal charges will apply in such an event.
6.1.7 The Company is leasing her license to the subscriber, with the subscription fees as consideration; whereof the company reserves the exclusive right to withdraw the license on an unsubscribed Device.
6.1.8 A subscriber has a minimum of three month to update an expired subscription, otherwise the Company can terminate and cease services to such Device.
6.1.9 For a Device to be re-activated after services were ceased due to failure to renew subscription, the cost of re-activation shall be on such Customer/subscriber.
6.2 MAINTENANCE – Where a maintenance agreement is in force, the Company will be in constant communication with the subscriber to ensure that the device is functional. This can be done either remotely, or by visit to the premises if deemed necessary and mutually agreed upon by parties.
6.2.1 All maintenance visits are to be charged at The Company’s standard rates.
6.3 The Maintenance Services do not include (without limitation);
6.3.1 Replacement of the Device;
6.3.2 The cost of maintenance, service or repairs of the Device after the warranty period has expired
6.3.3 The cost of replacing the Device arising from defects occasioned by misuse, inappropriate use, and/or neglect, and/or accidents to the Device; or failure to follow the instructions of the Company or the manufacturer of the Device, and/or of deliberate damage, etc shall be borne solely by the Customer or subscriber.
7.1 The Customer shall pay in full, the value of the device; this is without prejudice to any promotional offers in force at the time.
7.2 A Subscriber shall pay for the subscription fees of any preferred plan to be eligible for our services; provided that such a subscriber shall always renew the subscription plan as at when due.
7.3 Subscriptions shall be monthly, quarterly or yearly (subject to the preference of a Subscriber); and the Subscriber agrees to continue paying for these services indefinitely until termination of services is requested by any party. Such termination instructions, when originating from a Subscriber, must be in writing and must be at least 2 weeks in advance, before the expiration of the subsisting subscription plan.
7.4 The subscription fees shall cover only the cost of services rendered by the Company.
7.5 Services offered by the Company includes and not limited to Ambulance services, Fire and rescue services, tactical response team. Any other charges incurred by subscriber(s), shall be payable by them, including but not limited to the Customer’s medical bills, insurance policy fees, HMOs, etc.
7.6 The Company reserves the right to make additional charge(s) in accordance with its charge rates, from time to time for services rendered, and a subscriber shall receive prior notification (usually through our website, text messages, e-mails, or letters) of these charges. All such charges shall be paid before subscription could be reactivated.
7.7 Whenever there is any increase in subscription fee, the Company will notify the subscribers of the changes not less than twenty-eight days before the next subscription payment is due.
7.8 Once subscription is expired, service will be terminated if there is no renewal of the subscription for 3 months; the Company reserves the right to remove the details of non-active subscribers from our database pending when such Subscribers re-activate their accounts.
7.9 All listed prices and charges are exclusive of VAT unless otherwise stated in writing.
8. SUBSCRIBER’S OBLIGATIONS
8.1 Ensure that the Device remains in good working condition, check battery life, and that all network communication signals are performing optimally.
8.2 Ensure that Subscription is active and endeavour to renew same before the expiration date.
8.3 Keep and use the Device in a suitable environment, with active battery life and in accordance with the instructions and device of The Company and of the manufacturer’s user manual.
8.4 Keep and operate the Device in a proper and prudent manner, while ensuring that it is kept safely and out of reach of children.
8.5 Not to make or cause to be made on the device, any modification, addition or adjustment to the Device without the Company’s written consent.
8.6 Check the Device regularly and notify The Company immediately of any defect in the Device and of any maintenance that requires technical attention.
8.7 Ensure that the device and its component, when installed, are fully operational and protected against any interference.
8.8 Ensure that the correct, required and current information/data are supplied to the Company during activation of the Device and Subscription payment; and to notify the Company immediately, and in writing, any change thereof.
8.9 Notify the Company of any issue, especially where the preferred network is not performing optimally in your location and any other act/manner or thing capable of affecting the Device.
8.10 Not to sell, assign, transfer, or otherwise dispose of the device without the Company’s prior written permission. We reserve the right to transfer this Agreement or any of our rights and/or obligations under this Agreement.
8.11 Not use or permit the Device to be used or operated in a manner contrary to any legal provisions or regulations or in any way contrary to law.
8.12 To use the Device solely and exclusively as directed and recommended by the Company.
9. LIMITATIONS AND EXCLUSIONS
9.1 The Company is not an insurer, and the prices, fee and charges of the Devices and Subscriptions are not related to the value of the subscriber’s premises or other property at risk, and in entering into this Agreement, the Subscribers’ agree that it is their responsibility to ensure that they have adequate insurance cover of all premises, property and other insurable assets.
9.2 The Company only assist to abridge the time to which a Subscriber may access assistance in other to reduce and mitigate the risk of loss or damage to property and assets, including injury to persons to the extent that this is reasonable and practicable.
9.3 The Company does not offer her services subject to any condition or warranty, expressed or implied, in connection with the fitness of the Device to prevent loss or damage in a way or manner.
9.4 Any such terms in the conditions of service and warranties are hereby expressly excluded, and the Company shall not be responsible for any liability, claim, loss, damage or expense of any kind or nature caused directly or indirectly by delay of the Device to deliver notifications, SMS or signal to the company’s Emergency Monitoring Centre, or vice-versa.
9.5 The Company shall use its reasonable endeavors to respond to the Subscriber’s notifications, calls or signals from the Device within the most possible reasonable time, but shall have no liability whatsoever for any loss or damage or death arising from delays by the First Responders, or of any kind arising from stoppage, breakdown, unanticipated and contingent failure of the Device howsoever caused – including battery inactive, device network signal interception and interference, etc.
9.6 The Company is not responsible for the cost of rectification of any damage or for any losses caused as a result of the Device being broken, modified, altered, serviced, repaired or handled by any other person, firm or company.
9.7 The Company is not responsible for any 3rd party applications or services used in conjunction with the Device, and the Company is not liable for any damage and losses caused by the failure of these 3rd party applications.
9.8 Without prejudice to the generality of the foregoing clauses the liability of the Company for any claim, loss, damages or expense shall be limited to the amount paid by a Subscriber as subscription fees, to the exclusion of any other.
9.9 The Company reserves the right to terminate a subscriber’s subscription subject to National Security breach, provided that Customer’s personal data and details shall never be released to state authority without a valid and competent court order.
10.1 The Subscriber shall have sole responsibility for and shall indemnify the Company against all claims, demands, liabilities, losses, damages, procedures, costs and expenses which may be brought against the Company, or incurred by the Company as a further result of:
10.1.1 Negligence and failure to comply with the terms and conditions.
10.1.2 Any deviation or default to discharge any obligations under this agreement.
10.2 The Company shall not indemnify any Customer, Subscriber(s) nor any 3rd party, arising out of this T&C, or services provided by the Company.
11.1 All Devices supplied by the Company is guaranteed for parts and replacement as per warranty, provided the Customer has not contravened the Company’s Terms and Conditions.
11.2 The Company does not guarantee any service or application provided by a 3rd party, and is not liable for the working order of such applications from a 3rd party connected to the Device.
11.3 The Company does not guarantee the response of the service providers engaged by the Company.
11.4 In the case of the Company installing the device for the Customer, the Company shall not be liable for the cost of any damage arising from installation or maintenance of the Device or any part thereof unless it is established, that same arose from the negligence of the Company, and that same was avoidable.
11.5 The Company provides its services on “as is” and without any warranty or condition, express, implied or statutory. PrimeAlert disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the full extent permissible by the law.
11.6 Under no circumstance shall the Company be liable for loss of income, profits, business, opportunity, contracts or any indirect, special, incidental or consequential damages arising out of or in connection with our platform, our services, Device or this Agreement.
11.7 We do not guarantee that you will receive a fault-free Service and we do not undertake that we will do so. We cannot and do not promise that the Network is free from faults or interruptions nor that the Services will be free from congestion, failure in transmission and/or loss of data. However, we will use reasonable care and skill in providing the Services to you.
11.8 Any date proposed by us for the provision of Services or a facility is to be treated as an estimate only and we accept no liability for failure to meet it
12. INTELLECTUAL PROPERTY RIGHTS
12.1 Unless otherwise stated, the company or the company’s licensors own the Intellectual Property Rights in our website and the Device. Subject to the fore mentioned license, all the intellectual property rights are reserved.
12.1.1 The Company are the owner or the licensor of all intellectual property rights:
- In our sites and app, and in the material published on it; and
- In any documentation or materials provided as part of our Services.
12.1.2 The works outlined in clauses a. and b. are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organization to content posted on our sites.
12.3 You must not modify the paper or digital copies of any materials you have or been provided, printed off, or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without written consent of the Company.
12.4 Our status (and that of any identified contributors) as the authors on our sites must always be acknowledged.
12.5 You must not use any part of the content on our sites or any of our documents or materials for commercial purpose without obtaining a license to do so from us or our licensees.
12.6 If you print off, copy or download any part of our sites or other materials in breach of this contract, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PrimeAlert, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
12.7 PrimeAlert and all logos, products, services or other content on www.primealert.com.ng or in any of the company’s mobile download platforms are the intellectual property of PrimeAlert or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the company.
12.8 Neither this Agreement, nor the use of any of the company’s platform conveys title nor or any interest or rights in intellectual property rights.
13. GOVERNING LAW
13.1 The Agreement shall be governed by, and constructed in accordance with the laws of the Federal Republic of Nigeria.
13.2 Parties irrevocably submit to the exclusive jurisdiction of the Courts of Nigeria with respect to any legal action, suit or proceeding or any other matter arising out of or in connection with the Agreement; provided that
14. FORCE MAJEURE
14.1 PrimeAlert shall not be in breach of its obligations under this Agreement or be responsible for any delay in carrying out its obligations if performance is prevented or delayed wholly or in part as a consequence of force majeure. Force majeure means any circumstance beyond the reasonable control of the company, including but not limited to acts of war, state or national emergency, strike, rebellion, insurrection, government sanctions, actions of regulatory or supervisory authorities, accident, power failure, internet and communication link failure, fire, earthquake, flood, storm, tornadoes, hurricane, or any other act of God or any technical failure caused by devices, matters or materials.
15. DISPUTE RESOLUTION
15.1 NEGOTIATED SETTLEMENT OR MEDIATION
15.1.1 In the event of a dispute arising between a Customer/subscriber and the company, Parties shall seek to resolve any such dispute amicably between themselves or through their appointed representatives, and endeavour should be made at arriving to a negotiated settlement.
15.1.2 In the event of any inability to resolve the dispute as aforesaid, the parties shall explore Mediation with both Parties appointing one (1) Mediator each.
15.2.1 If Parties are unable to amicably resolve any dispute(s) through negotiated settlement or mediation, either party shall refer the matter to be finally settled by arbitration in accordance with the Arbitration & Conciliation Act, Cap A18, Laws of the Federation of Nigeria (LFN) 2004.
15.2.2 The seat of arbitration shall be in Abuja, FCT, Nigeria and be conducted in English Language. If the parties fail to agree on the Arbitrator, the Arbitrator shall be appointed by the Chief Judge of the Federal Capital Territory. Each Party shall bear its costs and the decision of the Arbitrator shall be final.
16. IMPROVEMENT AND CHANGES
16.1 The terms and conditions enshrined in this agreement are subject to continuous technological improvement and consequently may change. All changes to the company’s service agreement shall be published from time to time on the website: www.primealert.com.ng
16.2 All such published changes shall form part of this Agreement and subsequently be binding on Customers and Subscribers.
17.1 The Company may amend this agreement at any time by notice to you or by posting the amended terms on the company’s website. All amended terms shall be effective immediately after publishing of same.
18. ENTIRE AGREEMENT
18.1 This agreement herein constitutes the entire agreement between parties and supersedes any and all prior agreements between the parties, whether oral or written, with respect to the subject matter thereof.
18.2 The failure to act with respect to a breach by a Customer/Subscriber or others does not amount to a waiver of our right to act with respect to such breach or subsequent or similar breaches.
18.3 Customers/Subscribers represent that they have the legal capacity to enter into this Agreement, that you are an adult, and are not under any contractual inhibition known to law.
18.4 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and shall not affect the validity of the remainder terms under this agreement.
18.5 The non-specification of a particular legal or equitable remedy shall not be construed as a waiver, prohibition or limitation of any legal or equitable remedies in the event of a breach of any of the clauses.
19.1 If any Customer/Subscriber should have access to any confidential information, such confidential information shall include, and not limited to the parties’ business methods, salary structure, marketing strategies, pricing, competitor information, and all other information designated as confidential by the company; disclosure of such information is prohibited. The company reserves the right to terminate and prosecute any party for such disclose.
19.2 Each party agrees to maintain the confidentiality of such information and to protect the other party’s confidential information by using all reasonable efforts to prevent any unauthorized copying, use, distribution, installation or transfer of possession of such information.
19.3 The Company views the protection of users’ privacy as a very important principle. We understand clearly that you and your Information are one of our most important assets. We store and process your Information on computers that are protected by physical as well as technological security devices. We do not give your personal information to third parties for marketing purposes without your consent.
- APP USER LOCATION INFORMATION
20.1 Location Information
Primealert requires the access user location for the SOS SMS trigger. Users are expected to give permission for the app to take location whenever the app is to send out sms to the careers and first responders. Location is taken at moment SMS is to be sent out to the users’ designated recipients.
20.2 Purpose of the process
The user current location is taken only for the purpose of notifying the Carers and First responders (Primealert Secure team and Federal Road Safety Commission) of the current location at the point of the SOS incident. This location information is not used for any other purpose whatsoever either by Primealert or its partners. We do not take location information except for the purpose mentioned above. And the information is NOT used for any marketing or advertisement purpose.
For further information, clarification and details, please contact us through firstname.lastname@example.org, or call: 09097000055