Rapid Response Revival General Terms and Conditions of Sale - Australia
Effective date: 1 August 2022
1. Introduction to the General Terms and Conditions of Sale (Terms)
- When these Terms are effective: We recently updated these General Terms and Conditions of Sale. The effective date of these Terms is the date set out above.
- The purpose of these Terms: These Terms provide information about who we are and the legal terms and conditions that apply to your use of www.cellaed.io and www.rapidresponserevival.com (as applicable, the Website) and your purchase of any product or service that you order from us through this Website. Please read these Terms carefully before you submit your order to us for delivery into Australia. These Terms tell you who we are, how we sell our products and services, how you and we may change or end the contract, what to do if there is a problem and other important information. You should print a copy or save an electronic version of these Terms or save them for future reference.
- What is included in these Terms: To help you find the information you are looking
for, we have
these Terms into 4 sections. These are:
- About us and how to contact us: View information about Rapid Response
Revival and find out
get in touch with us here at Rapid Response
Revival and Contact Us.
each order placed by you through this Website and the sale of products and
services by RRR
International Pty Ltd ACN 631 593 470 (trading as Rapid Response Revival)
or its nominated
companies (including Rapid Response Revival Research Pty Limited ABN 12 617 494
890 or Cellaed life
Saver Pty Ltd ABN 59 620 117 384 and other affiliates) (the Rapid Response
Rapid Response Revival is referred to in these Terms as We,us or our.
Our registered address is 126 Bonds Road, Riverwood NSW 2210 Australia.
- About us and how to contact us: View information about Rapid Response Revival and find out how to get in touch with us here at Rapid Response Revival and Contact Us. Specifically these Terms govern each order placed by you through this Website and the sale of products and services by RRR International Pty Ltd ACN 631 593 470 (trading as Rapid Response Revival) or its nominated group companies (including Rapid Response Revival Research Pty Limited ABN 12 617 494 890 or Cellaed life Saver Pty Ltd ABN 59 620 117 384 and other affiliates) (the Rapid Response Revival Group).
- Terms that apply to promotions: Additional terms and conditions may also apply for optional elements such as promotions from time to time run by us. Limited sales offers may be, for a limited number of products or services or for a limited period of time, a discounted price. The details of any promotional discount (if any) are set out on our Website.
if you have ordered and reserved a CellAED® device or other products under
Pre-Sales Terms and Conditions Effective Date 10 December 2021: If you ordered
and reserved a
or other products under our previous Pre-Sales Terms and Conditions Effective Date 10
Terms) then the following additionally applies to you and those orders.
- Pre-Sales orders deemed to be under these Terms on the Effective Date:
The Order Receipt
Confirmation that you received from us when you placed your pre-sales order
under the Pre-Sales
is deemed an acknowledgement of order under these Terms. Rapid Response Revival
will, prior to
despatch of the products you ordered in your pre-sale order, contact you and ask
you to confirm
whether you would like to:
- proceed with the purchase under these Terms; and
- include an order for the CellAED for lifeTM membership service (additional costs to apply) for your CellAED® devices ordered,
Once we have received your confirmation and payment of any balance which may be due from you we will follow the order confirmation, acceptance and shipping processes set out below in these Terms. After your confirmation to us to proceed with your order(s) pursuant to this paragraph, you may not end your contract with us (that is, you may no longer cancel your pre-sales order and obtain a refund for the pre-sales order amounts that you paid us under the Pre-Sales Terms for a change of mind).
Any amounts you have paid to us for pre-sales orders under the Pre-Sales Terms will be automatically deemed amounts paid to us for orders under these Terms
- Your rights to cancel the Pre-Sales orders lapse after 30 days:
- Rights to cancelling and obtain refunds: If you tell us within 30 days after we contact you to confirm the pre-sales order that you wish to cancel the order, then we will refund you the monies that you paid to us under the Pre-Sales Terms. The right to cancel the contract for a change of mind lapses automatically on the last day of such 30 day period.
- Effect of not taking positive steps to cancel the pre-sales order
within the confirmation
deadline – pre-sales order treated as order: Unless you have:
- either confirmed;
- or cancelled, the pre-sales order as detailed in paragraph 2 above within 30 days after we contact you to confirm or cancel such order, your order will be converted to an order for the same items on the day after the period end. The right to cancel the contract for a change of mind lapses automatically on the last day of the 30 day period.
- Where you already paid the full amount for the items ordered under the Pre-Sales Terms: If you have paid outright for the items you ordered under the Pre-Sales Terms then no more amounts for those items are payable.
Where you had not already paid the full amount for the items
ordered under the Pre-Sales
Terms but only paid a deposit: If you have paid only a
deposit for the items you
under the Pre-Sales Terms then:
- the balances for those items are payable within 30 days after the day we contact you to confirm and complete your order; and
- to complete the order process and effect payment of the
remaining amounts then you
need to first register with us for an account and pay
the balance within such 30 day
if we have not received the balance owing from you within this 30 day period then we will continue to hold your deposit for a further period of 12 months only to enable you to complete the transaction. After that twelve month period lapses, if you have not completed the transaction, then we will make reasonable efforts to return the deposit to you less any fees we deduct to compensate us for the time and expense devoted to the transaction (this may be equal to all or part of your deposit depending on the circumstances and so you may not receive any monies back at all from the deposit).
- These Terms replace Pre-Sales Terms: These Terms supersede and replace the Pre-Sales Terms and apply from the Effective Date to all your pre-sales orders under those Pre-Sales Terms as well as any orders placed after the Effective Date under these Terms.
- Your Pre-Sales order number will be the same: Your order number assigned to your pre-sales order will stay the same.
- Pre-Sales orders deemed to be under these Terms on the Effective Date: The Order Receipt Confirmation that you received from us when you placed your pre-sales order under the Pre-Sales Terms is deemed an acknowledgement of order under these Terms. Rapid Response Revival will, prior to despatch of the products you ordered in your pre-sale order, contact you and ask you to confirm whether you would like to:
- These Terms are the contract that will govern your orders: The Terms govern each order placed by you through this Website and the sale of products and services sold to you by Rapid Response Revival (or its agents acting on behalf of Rapid Response Revival as agent for us) and form the contract between us.
- Your eligibility to buy our products and services - these Terms are for consumers or
from Rapid Response Revival for internal use: To be eligible to place an order
through this Website
us you must be:
- either an individual consumer;
- or a business customer who is purchasing for your own-internal business use and not for resale.
If you want to resell our products and services:
- If you are a distributor, wholesaler, reseller or otherwise wish to purchase our products or services for resale or other than for your own private or internal business use, then please contact us at /au/contact-us to discuss your requirements and purchases for those purposes and the terms and conditions that apply to them.
- We only supply the products and services under these Terms for personal use or for internal use by your business, and you agree that you are not entitled to order products or services for any commercial resale purposes. We reserve the right to cancel any order, upon written notice, where this order has been placed for products or services which will be used for commercial resale.
- We sell products only in quantities which correspond to the typical needs of an average household or business and we may refuse orders for quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.
- If you want to order for delivery outside Australia: Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Rapid Response Revival’s products and services available in Australia. These Terms will apply to all orders for products and services which are being delivered in Australia. We may accept orders for delivery to locations outside of Australia subject to customs, legal, regulatory and practical restrictions and our separate international terms and conditions (please contact us for a copy of these before you order). Those who choose to access this Website from locations outside Australia or place orders for delivery to locations outside Australia are responsible for compliance with local laws if and to the extent local laws are applicable and those other terms and conditions. We reserve the right to reject any orders for delivery outside Australia.
- How we may contact you: If we have to contact you regarding your order we will do so by writing to you at the email address or postal address you provided to us or calling you on the telephone number you provided to us in your order. We may also contact you for other purposes where you have consented to this as part of visiting our website or placing your order.
Please read these Terms carefully before placing any order for products or services sold by Rapid Response Revival for delivery in Australia.
By placing an order after the Effective Date you agree to be bound by these Terms and you confirm that you have read, understood and agreed to these General Terms and Conditions of Sale in their entirety.
If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service after the Effective Date through the Website.
Note for Pre-Sales Orders Under the Previous Terms: If you have placed a pre-sales order before the Effective Date under the pre-sales terms and conditions that applied before the Effective Date, these will be treated from the Effective Date as set out in paragraph 1.1 e below.
1.1 About these Terms and Rapid Response Revival
1.2 About You.
2. Our contract with you under these General Terms and Conditions of Sale - Australia
- How the contract is formed between us: The technical steps required to create
and us under these Terms are as follows:
- Orders and Accounts: You place the order for your products and
services on the Website
CellAED for lifeTM through our Website or through our
for Rapid Response
Revival) by completing the order process. When buying from us you will
receive an order
and an email confirming your order. You will be guided through the process
of placing an order
buying from us by a series of simple instructions on the Website. To place
an order, you will be
required to provide some compulsory personal information. You confirm that
all information and
details provided by you to us are true, accurate and up to date in all
respects and at all
Opening an account: At the conclusion of placing your order with us you will be provided an option to create an account. This will enable you to login at any time and check your order status.
When you create an account with us we will ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you become aware of or suspect any unauthorised use of your password or account, please contact us. If we are suspicious of any fraudulent activity coming from your account, we reserve the right to refuse you access to your account and can delete the account.
- Acknowledgement or order: We will send you an order acknowledgement email as soon as your order is placed detailing the products or services you have ordered. These emails do not constitute our acceptance of your order but they are an acknowledgement that we have received your order. We will assign an order number to your order and tell you what it is when we send you the order receipt confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
- Payment: For most products sent directly from our warehouse and for
card or bank account will be charged when your order is placed. If the
product is being delivered
direct to you from a third party supplier, for instance in the case of our
resellers providing it
you, you may be charged at any point between confirmation of your order and
despatch. The exact
timing of this will vary according to supplier and the product or service
you are ordering.
- Currency: Purchases will be made in Australian Dollars. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to payment which international credit card holders will be liable to pay.
- Payment method: During the checkout process, you will be asked to enter your payment details. Where you are using either credit or debit card, by completing your payment details you confirm that the credit or debit card being used is yours. All fields indicated as compulsory must be completed. We may collect and store your information, using an encrypted secure payment mechanism. All card payments are subject to authorisation by your card issuer. We take full payment immediately for all orders except for certain CellAED for lifeTM membership services (see section 6. CellAED for lifeTM Terms below) which may be payable by instalment (in which case we take a single instalment upfront).
- Order acceptance and completion: Unless we have notified you that we do not accept your order, order acceptance and the completion of the contract for products or services between you and us will take place on the despatch to you of the products ordered (or for services on our confirmation of acceptance of your services order).
- Despatch confirmation: For items being delivered to you, when your product is shipped from our warehouse, we will send you a despatch confirmation email. If your order is despatched in more than one package, you may receive a separate despatch confirmations for each package and each shipment confirmation and corresponding despatch will conclude a separate contract of sale between us for the products specified in that despatch confirmation.
- Orders and Accounts: You place the order for your products and services on the Website (or for CellAED for lifeTM through our Website or through our reseller acting as agent for Rapid Response Revival) by completing the order process. When buying from us you will receive an order confirmation and an email confirming your order. You will be guided through the process of placing an order when buying from us by a series of simple instructions on the Website. To place an order, you will be required to provide some compulsory personal information. You confirm that all information and details provided by you to us are true, accurate and up to date in all respects and at all times.
- Our right to reject or not accept orders:
- We have the right to reject or not accept any orders or part of any orders.
rejection of an order may be a result of one of the following:
- the product or service you ordered being unavailable from stock or no longer supplied;
- our inability to obtain authorisation for your payment;
- the identification by us of a pricing or product or service description error; or
- you not meeting the eligibility to order criteria set out in these Terms.
- If we have taken payment prior to non-acceptance or rejection of your order then we will refund you what you have paid to us, but please note that it can take up to 30 days to process your refund including for the bank to transfer the funds to you.
- We have the right to reject or not accept any orders or part of any orders. Our non-acceptance or rejection of an order may be a result of one of the following:
- Your rights to make changes to orders: You cannot terminate, cancel or otherwise amend an order without our prior written consent. If you wish to make a change to your order please contact us at Contact Us We will let you know if we agree to the change. If we agree to the change we will let you know about any changes to the prices of the product or service, the timing of supply or anything else which would be necessary as a result of your requested change. We reserve the right to not allow you to make changes to your order. If we accepted your amended order, there may be changes to your delivery timescales and/or the price you pay for the product(s) or service(s). Where this is the case, you will be shown the current selling price along with the relevant delivery options and their cost on the day you amend your order and will have the option to either confirm the amendment(s). You will need to give us at least 3 clear business days’ notice (not including the date of delivery) before there is any amendment to your agreed delivery date or location. Changes may incur a fee.
- Age restricted goods: We do not sell products or services for purchase by children. If you are under 18 you must not purchase our products or services. Your parent or guardian may purchase them. If you are placing an order for an item that by law is age-restricted, then by completing the check out process you are also confirming to us that you are of at least the legal age required to purchase the product or service. You further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third-party sources. We reserve the right not to supply any age-restricted product or service where we reasonably believe that you are below the relevant minimum age. All age-restricted goods must be received by a person who is at least 18 years old at the time of delivery or handover. We may require this regardless of the relevant age limit for the age-restricted product or service. We have the right to request proof of age identification from you if your order contains age-restricted goods or services, and we are unsure that you are at least 18 years old at the point of delivery or at the point of handover/supply. If you are asked for proof of age identification and are unable to provide us with any, we have the right to withhold the delivery or collect the order.
- We may place limits on numbers ordered or suspensions: We have the right to limit the number of a given item that can be bought by an individual customer if we think it appropriate. We also reserve the right to suspend your account and any associated accounts and contact you if we notice an unusual pattern of returns activity or there is other suspicious activity associated with your account or any associated accounts. In the event that this happens you will receive an email notifying you of this.
- Delivery costs are payable and we are not responsible for delivery delays caused by others: You are responsible for the payment of the costs of delivery (if any charged by us) which are displayed on our Website. To the maximum extent permitted by applicable law, we have no liability for any delay or failure to deliver products or services if the delay or failure is wholly or partly caused by circumstances beyond our control.
- You will need to pay applicable taxes: Delivery of the products or services may be subject to applicable taxes which will be applied to your order. We have no control over taxes that apply and they can change. You will be responsible for payment of any such taxes, including goods and services taxes, which will be notified to you and included as part of the pricing for your order.
- We may send electronic sales invoices: You consent to receive our sales invoices electronically.
- What will happen if you do not give required information to us: We may need certain information from you so that we can supply the products or services to you, for example, your contact details, or the applicable language for the product or service. If so, this will have been stated in the description of the product or service on our Website or otherwise notified to you. We may contact you to ask for this information, if it has not been provided by you in the order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make delivery of the ordered products or services subject to an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or if you give us incomplete or incorrect information.
- You get title to the products only after payment in full and the risks for the products passes to you on despatch: All products ordered will remain the property of Rapid Response Revival until we have despatched them to the address specified by you or they have been collected by you from us or our reseller and they are paid in full. If your payment (whether full amount or the first or subsequent instalments in the case of items purchased by instalment) is not received in full and you have already received the products you ordered from us, then you must pay for in full or return those products to us in accordance with our return instructions. Legal and equitable title in and to the products will not pass to you until we have received payment in full for the products. All returns must be in the same condition that you received them at your own expense. If you do not do this within 30 days of your order being cancelled by us or being requested by us to do so, then we have a right to collect the products or arrange for collection of the products at your expense. We have the right to charge you for any and all non-return of or damage to (or other adverse interference with) any products that are the subject of an unpaid order or to be returned. All risk in and to the products purchased will pass to you when the products are loaded at our warehouse for delivery to you.
- How the contract is formed between us: The technical steps required to create the contract between you and us under these Terms are as follows:
3. Our products and services and our rights to make changes to them
- Products may vary slightly from the pictures on our Website: The images of the products and packaging on our Website are for illustrative purposes only.
- Descriptions and prices: We have taken reasonable precautions to try to
ensure that prices
the Website are correct and that all products and services have been fairly
described. However, when
ordering products or services through the Website, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- all prices are displayed in Australian Dollars inclusive of GST where applicable unless expressly indicated otherwise;
- packaging may vary from that shown on the Website;
- weights, dimensions and capacities shown on the Website are approximate only;
- whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery;
- all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value; and
- to the maximum extent permitted by applicable laws we are not responsible for any statements, representations or promises made by any resellers to you that is false, misleading or deceptive which we did not expressly prior authorise or permit or which is inconsistent with the information on this Website or in product and services materials which we prior approved or for any other unlawful conduct by any reseller (including any failure of a reseller to disclose a material fact of a kind prescribed by applicable law that the reseller knows or ought reasonably to know should be disclosed to you)
- Changes to our products and services: We have included a description of our products or services on our Website but we may make changes to the products or services from the specification set out on our Website at the time you make your order. Such changes may be required to reflect changes in applicable laws and regulatory requirements relating to the sale of medical devices and related services or to implement technical adjustments and improvements or to respond to market requirements.
- Services to access data on CellAED® device: Where you and we agree, and subject to compliance with applicable privacy laws, we may on request provide a service which allows you or your permitted nominee to access event data collected by CellAED® device when deployed on an individual in responseto a sudden cardiac arrest. Access may be provided on payment of our then current data access fee and subject to our obtaining the relevant consents.
4. Refunds, Warranties and Returns
- Refunds and warranties: We will only give a refund for products or services
ordered by you in
accordance with your legal rights.
- For Australian Consumers: Our goods and services come with guarantees
that cannot be
under the Australian Consumer Law. For major failures with the service, you
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Subject to any rights that you may have under the Australian Consumer Law, you may be required to bear the expense of claiming under this limited warranty, including the cost of returning the products to us. In case of a defect, cease using the product and contact us. In the event of a warranty claim being made, Rapid Response Revival and you will each bear its own expenses in relation to the preparation and assessment of any warranty claim.
- 13 month limited warranty: Without limiting consumers’ rights, if
you purchased your
from our Website or from authorised resellers located in Australia, the
warranty for them is
provided by RRR International Pty Ltd ACN 631 593 470 of 126 Bonds Road,
Riverwood NSW 2210
Australia (Australian phone: 1300 859 903). We warrant our products against
defects in materials
workmanship under ordinary consumer use for 13 months from the date of
this warranty period, if a defect arises in the product, and you follow the
returning the product, we will at our option, to the extent permitted by
- replace the product with a new or repaired product that is equivalent to the product to be replaced; or
- refund to you all or part of the purchase price.
These limited warranties apply, to the extent permitted by applicable law, to any repair, replacement part or replacement product or service for the remainder of the original warranty period or for ninety days, whichever period is longer. All replaced parts and products for which a refund for a good is given will become our property. This limited warranty applies only to products or hardware components of the product that are not subject to accident, misuse, neglect, fire or damage from other external causes, alteration, repair, or commercial use. The warranty is void if unauthorised or unqualified persons attempt to make any repairs or modifications.
- For Australian Consumers: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- Process for returns which are authorised including under the CellAED for
scheme for replacement of CellAED® devices: For specific
instructions about how to
service for your products or your replacement CellAED® device under the
service scheme, please contact us at Contact
general, you will need to
your product to be replaced or refunded in either its original packaging or in
packaging to the address specified by our customer service team. Before you deliver
your product for a
warranty, refund or replacement service, you must inform us by contacting us at /au/contact-us
and, where we agree to
accept the return, obtain from us a return
authorisation number which we will issue to you and you must then arrange its
delivery to us and
a reference to that return authorisation number in the return package. We will pay
the return delivery
charges if you are a CellAED for lifeTM member (where you are
overdues on your
member fees), otherwise you will need to pay the costs to deliver the
CellAED® to be
- All new products returned (where we agree to their return) must, when received by us, be in their original re-saleable condition.
- You must return the products to us as soon as possible (and in any event within 30 days after) obtaining the return authorisation number from us.
- Except for returns of a CellAED® provided under and in accordance with the CellAED for lifeTM membership service scheme, we may deduct from any refund a reasonable fee for any excessive handling and costs including for the disposal of the product’s original packaging.
- You are responsible for any loss or damage to returned products before they are received by us (except where caused by us), the costs of which will be deducted from any refund made to you.
- Process for damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time and in any event within 30 days after receipt. You must follow the process set out in paragraph b above and return the products to us as soon as possible (and in any event within 30 days after obtaining the return authorisation number) after informing us that the products are damaged or have been incorrectly supplied. We may offer you a replacement product and any refunds given by us will be made to the debit/credit card account or bank account (as applicable) provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.
- Our disclaimers and limits of liability: Except as expressly stated in these
Terms and to the
extent permitted by applicable law:
- we are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale;
- we will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control;
- you must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products and we do not accept liability for loss or damage to products we have supplied which is caused by your failure to follow this advice;
- we will not be liable for any losses which are indirect, special, incidental or consequential damages or which are related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption;
- we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise);
- we accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions of Sale or your use of the Website;
- The warranties and remedies set out in these Terms are exclusive and in lieu of all other warranties and remedies including but not limited to warranties of merchantability, fitness for a particular purpose or against hidden or latent defects; and
- if we cannot lawfully disclaim statutory or implied warranties then to the
applicable law all such warranties are limited in duration to the duration
of the express limited
warranties set out in these Terms and to:
- for products: a repair or replacement service; or
- for services: the resupply of the relevant service.
Nothing in these Terms and Conditions of Sale limits or excludes any other liability that we are not permitted to limit or exclude under applicable law or excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or otherwise to the extent that such right to remedy cannot be excluded, restricted or modified. The limited warranties set out in these Terms are not transferable and are void on your sale or resale of the Products outside Australia (as the country of original purchase). This limited warranty gives you specific rights only. You may have additional rights under applicable law including the Australian Consumer Law, and this limited warranty does not affect such rights.
- Refunds and warranties: We will only give a refund for products or services ordered by you in accordance with your legal rights.
5. Other important terms
- Intellectual Property: We are the owner or licensor of all intellectual
property rights in
with the products and services (RRR IP) on our Website. Nothing in these
Terms grants any
RRR IP to you or any other person. You must not:
- copy, reproduce in any way, alter, modify, adapt, decompile or reverse engineer, circumvent, remove, alter, deactivate in the whole or any part the products or services;
- insert any code or product or manipulate the products or any part of our Website in any way or use any data mining, data gathering or extraction method; or
- upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with us, including any software viruses or any other computer code, files or programs.
- We may transfer our contract with you to someone else: We may assign, transfer, novate or sub-contract any of our rights and obligations under these Terms to another organisation and you consent to that in advance. We will tell you in writing if this happens and we will ensure that any of those dealings by us will not affect your rights under any contract between us.
- You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. We may not agree. You should be aware that unless you tell us in writing (by contacting us at /au/contact-us that you have given your CellAED for lifeTM membership or CellAED® device to another person and we agree that you are no longer responsible for them, then you are responsible for all costs arising from the use of the CellAED for lifeTM membership or CellAED® device, including, without limitation, ongoing payment charges or returns and delivery obligations under these Terms.
- Nobody else other than Rapid Response companies has any rights under these Terms: This contract is between you and us. No other person other than a Rapid Response Revival group member will have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any other person in order to end the contract between us or make any changes to these Terms.
- Effect of termination: Termination or expiry of these Terms and any contract between us made under them will not affect any rights, remedies, obligations or liabilities of any person that has accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach which existed at or before the date of termination or expiry. The provisions of these Terms and any such contract which, by their nature, are intended to survive will survive termination or expiry including the express representations, warranties and indemnities, confidentiality obligations and payment obligations, choice of law and jurisdictions provisions.
- Which laws apply to this contract and where you may bring legal proceedings: These Terms and any contract between us under them are governed by the laws of New South Wales, Australia and you can only bring legal proceedings in respect of these Terms and any such contract in the New South Wales, Australia courts. Each of us agrees to the exclusive jurisdiction and venue in these courts. Notwithstanding this, we may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, and our affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these Terms or any contract between us under them.
- If a court finds part of the contract between us or these Terms illegal, the rest will continue in force: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing any contract between us or these Terms, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these Terms or any contract between us, or if we delay in taking steps against you in respect of your breaching the contract or these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date for those things.
- Entire Agreement: These Terms and the contracts between us made under them govern our relationship with you. Any changes to these Terms must be in writing and signed by us. You confirm that, in agreeing to accept these Terms, you have not relied on any representation save insofar as the same has expressly been made a term of these Terms and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these Terms. Nothing in these Terms shall limit or exclude our liability in respect of any liability which cannot be limited or excluded under applicable law.
- Updates to these Terms: We may update or amend these Terms and Conditions of Sale from time to time to comply with applicable law or to meet our changing business requirements without prior notice to you. Any updates or amendments will be posted on the Website.
- Intellectual Property: We are the owner or licensor of all intellectual property rights in connection with the products and services (RRR IP) on our Website. Nothing in these Terms grants any licence to any RRR IP to you or any other person. You must not:
6. CellAED for LifeTM Membership Terms
As at the Effective Date of these Terms, collectively, as applicable, these CellAED for life Membership Terms govern the CellAED for lifeTM membership service scheme for the CellAED for lifeTM service.
- Customers buying a CellAED® device and CellAED for
service directly from Rapid
Response Revival – what is included in these CellAED for
you purchase a
CellAED for lifeTM membership service with your
Rapid Response Revival (that is,
directly in the Rapid Response Revival store and not from one of our resellers),
then these CellAED
lifeTM Terms additionally apply as well as:
- the General Terms and Conditions of Sale – Australia above,
collectively, the CellAED for life Terms.
Customers buying through resellers a CellAED® device and CellAED
membership service - what is
included in these CellAED for lifeTM Terms:Where you
from a reseller of Rapid Response Revival and you buy a CellAED for
membership service at the
same time through them (that is, you are not buying both the product and the
Rapid Response Revival through its store), for the part of your purchase that is the
lifeTM membership service, the reseller is selling the
membership service as a
Rapid Response Revival. The terms and conditions that apply to your purchase of the
and other products from the reseller are those provided to you by the reseller. The
conditions that apply to your purchase of the CellAED for lifeTM
service are these
CellAED for lifeTM Terms which consist of the following:
- the terms and conditions set out in this section 6 CellAED for lifeTM Terms; and
- the sections of the General Terms and Conditions of Sale – Australia above referring to services including sections 4 and 5,
collectively, the CellAED for life Terms.
- Amendment of these CellAED for lifeTMTerms.These CellAED for lifeTM Terms may be amended at any time by Rapid Response Revival and the current version will be displayed on the Website or provided to you by notice to your member account dashboard or by email to the last email address which you provided us.
- Acceptance by you of these CellAED for lifeTM Terms:Ordering the CellAED for lifeTM membership service is deemed acceptance of these CellAED for lifeTM Terms by the member (as the terms are amended from time to time).
Who is eligible for the CellAED for lifeTM membership
for lifeTM membership service must meet the following criteria:
- be resident in Australia; and
- be either:
- an individual aged 18 years or over; or
- a business customer who is purchasing the CellAED® device for its own-internal business use and not for resale; and
- have an email address; and
- purchase the related CellAED® device at the same time as the first CellAED for lifeTM membership service to accompany that CellAED® device and be the member who is named and registered for that CellAED® device which is purchased at the same time as the CellAED for lifeTM membership service for it.
- We may reject or consolidate CellAED for lifeTM memberships and you must keep us updated as to changes: We may refuse an application for any reason. You may only have one CellAED for lifeTM account for each email address. We reserve the right to refuse, merge or close additional accounts at any time. You must keep us informed of any changes to your personal or membership details. We will not be responsible for any loss of benefits resulting from your details being out of date or inaccurate because you did not update them.
- Minimum duration of CellAED for lifeTM membership service,
and Ongoing Commitment Amounts:
- Start date: Your membership service will start on the date we ship to you the CellAED® device for which you have purchased the optional CellAED for lifeTM membership service relating to it provided you have provided us with your payment authority for the membership fees and we have received the required payments (Membership Start Date).You will be able to access the digital content from your Membership Start Date. If you order multiple CellAED® devices in the one order and do not order a CellAED for lifeTM membership service for each of the CellAED® devices ordered, then we will allocate the CellAED for lifeTM membership service to the specific CellAED® devices and let you know which CellAED® device serial numbers have been allocated to the applicable CellAED for lifeTM membership service.
- Minimum Commitment Amount: Your membership service has a minimum
commitment amount for
fees which means that you are committed to a minimum payment for membership
from the start of the
first billing period following your Membership Start Date in order to
qualify for the membership
service benefits (Minimum Commitment Amount). This is equivalent to
the amount payable for
twenty-four months of our then current monthly membership fee (such
monthly amount as at
Effective Date being AUD$16.50 including any applicable GST (being a
total amount for the
twenty-four months of AUD$396 including any applicable GST).
We may change this
change will commence and come into effect for each CellAED®
device for which a CellAED
membership service is bought on the date that is the latest of the following
- when paying by instalments: the date of the commencement of the next billing cycle after the Minimum Commitment Amount is paid in full; and
- when paying upfront the whole amount: the date that is the
two calendar year
the date of when we received that upfront payment,
(the Device Membership Expiry Date).
- Automatic renewal and Ongoing Commitment Amount: On each Device Membership Expiry Date, your membership service for it will automatically renew for further minimum commitment amounts (at a price to be notified to you in advance) (Ongoing Commitment Amounts) unless your membership service is terminated in accordance with clause g of these CellAED for lifeTM Terms or you provide us with notice that you wish for your membership service for that device to end on the payment of the total Minimum Commitment Amount which we must receive at least 30 days prior to the Device Membership Expiry Date. Your obligation to pay the Ongoing Commitment Amount for each device will begin on the date which is the day after the then Device Membership Expiry Date.
- Payments to be made - when due:
- As a CellAED for lifeTM member you are personally responsible for payment to us of the membership fees and any other ongoing payments as they fall due.
- As a member, your membership fees are payable for the whole of your Minimum Commitment Amount at the total cost set out at the time you complete your order or which we advise you subsequently in accordance with these Terms.
- Your membership fees are due for the whole of each billing period even if your membership is terminated during that billing period (unless you have terminated in accordance with clause h of these CellAED for lifeTM Terms.
- You will pay us at the time of ordering the CellAED for lifeTM membership service (when ordering the CellAED® device) an amount for the membership service component which will be calculated based on the length of the billing cycle you select when purchasing the membership service as specified in the order (membership fee). You will be charged the membership fee on the commencement of each billing cycle. The exact date on which the membership fee is charged may vary.
- Payments upfront or by instalment: For CellAED for
payable upfront for a
minimum commitment or in periodic instalments for a minimum
commitment, in which case payment
At the time of signing up for and agreeing to the CellAED for
membership service, you
will be asked to choose to pay either the single upfront payment or the
first monthly instalment
at the time of ordering your each CellAED® device. The
membership service term starts
that we despatch your order for the CellAED® device to you
which accompanies the
lifeTM membership purchased with it.
- Single upfront payment: 100% of the total value for a two year membership service duration is payable immediately in its entirety; or
- By 24 monthly instalments: one month’s worth of the total two year membership service value is payable immediately and the balance must be paid in twenty-three further equal instalments on each month anniversary of that payment date.
- Membership benefits accrue only if up to date with payments: You will not be allowed access to membership service entitlements if your membership fees remain outstanding. We will collect any outstanding amounts and any charges we incur from late payment through your payment authority (if applicable). If you have a genuine dispute in relation to the collection of outstanding amounts or the charges we incur, please contact us.
- Amounts fixed for minimum or ongoing periods: Your membership fees are fixed for the Minimum Commitment Amount. After payment of the Minimum Commitment Amount, if you do not wish to accept an increase in your membership fees you may terminate your membership in accordance with clause h of these CellAED for lifeTM Terms. If you do not terminate your membership you will be required to pay any revised membership fees from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly. All membership fees include goods and services tax (GST). We reserve the right to change your membership fees in line with any government GST rate changes. No pro-rata refunds will be provided to any member that cancel the CellAED for lifeTM membership service before the then Device Membership Expiry Date.
- Termination of membership:
- You terminating: After the Minimum Commitment Amount has been paid, you may give us notice to terminate your membership by contacting us at /au/contact-us which we must receive at least 30 days prior to the date of the billing period that you wish to stop the renewal of your membership for Ongoing Commitment Amounts. No pro-rata refunds will be provided to any member that cancel the CellAED for lifeTM membership service before the then Device Membership Expiry Date.
- We terminating: We may terminate your membership immediately by
emailing or writing to
contact addresses we have on our records if:
- you commit a serious or repeated breach of these CellAED for lifeTM Terms; or
- any part of your membership fees remains unpaid after falling due; or
- you provide us with details which you know to be false when applying for membership or claiming a membership service benefit.
- Membership fees non-refundable: Membership fees paid are non-refundable unless we are required to refund them under Australian Consumer Law or other applicable law.
- Cancelling your CellAED for lifeTM membership: You can choose to cancel your CellAED for lifeTM membership service at any time by contacting us at /au/contact-us and providing the following information: your name; the date of purchase of your CellAED for lifeTM membership service; your order number; and the serial number for your CellAED® device. This will remove you from any future membership benefits or loyalty communications as we will be unable to deliver rewards and benefits to you except that, by leaving the membership scheme, this will not affect your existing marketing preferences which are separate. We may at our discretion decline to continue the CellAED for lifeTM membership service scheme or withdraw or cancel CellAED for lifeTMaccounts at any time. We may remove a member from the CellAED for lifeTM membership service scheme at any time where a member appears to have breached the CellAED for lifeTM Terms. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits if you cancel your membership during a billing period.
- Membership entitlements: Your CellAED for lifeTM
to the following
- Complimentary replacement CellAED® device for you and the
hero: If subject to
set out in clause n of these CellAED for lifeTM Terms,
which is purchased with
together with CellAED for lifeTM membership is:
- either used in the event of a sudden cardiac arrest (and you tell us of that event);
- or it reaches the end of its shelf life,
A replacement CellAED® device provided under this CellAED for lifeTM membership service benefit will at a minimum have the same or substantially similar features (e.g., a different model with thesame features, or the same model in a different colour) as the original product. If we exchanged the CellAED® device, then the original product becomes Rapid Response Revival’s property and the replacement product is your property, with coverage effective for the remainder of the CellAED for lifeTM membership term.
Before we despatch any replacement or complimentary replacement CellAED® device for you or the hero, we will verify that there are no overdue membership fees and we are under no obligation to despatch if they are overdue or have been overdue by:
- where paying by monthly instalment, by an amount equal to or
- one month’s instalment payment; or
- if a lower amount, ten percent of the then Minimum Commitment Amount or Ongoing Commitment Amount (as applicable);
- where paying by a single upfront payment, by any amount.
- Education and Learning Communications: CellAED for lifeTM membership will provide you with access to relevant first aid education and learning information provided on a regular basis via either email and or at www.cellaed.io.
- Monitoring service: Your CellAED® device purchased with the CellAED for lifeTM membership service will be Internet of Medical Things (IoMT) enabled and, when your device is within a cellular network, it will be periodically connected to a cellular network every 30 days to check the readiness of your device and we will send you email updates about the readiness of your battery and any concerns about the storage temperature of your CellAED® device. If we observe data outside of our nominated ranges we’ll let you know that too. Most importantly, we’ll remind you when your shelf-life is nearing expiry to confirm the details of your next CellAED® device delivery so you can ensure you always have a working CellAED® device ready for use.
- Priority replacement service: We’ll reserve your place in the manufacturing queue for your new CellAED® device and contact you to take delivery before the shelf life expiry of your old one - and you simply return the old one in the same packaging.
- Priority support and data access service: You’ll also receive
priority support services
contact us through our customer support services. So contact us anytime 24/7
and we’ll gladly
the individual and their family after a sudden cardiac arrest using the
device. Too often
the responder(s) who jumped into action don’t find out the outcome. When the
patient arrives in
hospital their medical team are starting from scratch with no clear
understanding of the heart
rhythm or the cause of the arrest. The patient themselves may never know the
device comes off the manufacturing line and is registered to you via its
unique identifier code so
that we can directly communicate with you about the data received from your
CellAED® device is used on an individual in cardiac arrest the
data during the event
(such as heart rhythm analysis, number of defibrillation cycles and whether
delivered). This data is stored on the device and upon deactivation uploaded
to the cloud
the opportunity for some information to be provided to medical
Subject to obtaining relevant consents, on request of the CellAED for lifeTM member, we can provide event data collected by the CellAED® device when used. This may be useful for the medical team to support their clinical decisions or rehabilitation program.
We will waive our then current data access fee chargeable to non-members for data access.
- Assistance with connecting members who are responders and survivor: Subject to obtaining relevant consents, on request of the CellAED for lifeTM member, first aid responder and survivor using the CellAED® device, we will assist you where possible to connect members who are responders or survivors – often considered a valuable step in the rehabilitation journey.
- Free shipping and handling: We offer free postage in Australia of your replacement CellAED® device over the life of your membership as well as the management of your unique registration process and device data notification system.
- Exclusive member offers: We will provide members with access to special member only offers.
- Sneak Peek benefits: Members will be the first to find out about new product and service updates, and will have an opportunity to have a say on future product and services development and priority access to pre-sales offers.
- Easy recycling: We are committed to minimising waste and managing recycling efforts for this special medical device. We have specially designed the packaging in which we ship your replacement CellAED® device so that it can be repurposed to return to us your old CellAED® device (used or unused).
A number of the features of the CellAED for lifeTM membership services include access to an online dashboard or account that contains account and device status and other information, access to educational information of Rapid Response Revival or receipt of monthly email or text message notifying you of the details of the relevant CellAED® device including the battery usage location and any issues we have noticed as to how it may be affected by a variety of factors (such as the speed or bandwidth of your internet connection or your location and features that may be unavailable in all areas or all of the time).
- Complimentary replacement CellAED® device for you and the hero: If subject to the Fair Use Policy set out in clause n of these CellAED for lifeTM Terms, your CellAED® device which is purchased with together with CellAED for lifeTM membership is:
- Method of payment for membership fees:
- You are responsible for paying the full CellAED for lifeTM membership fee amounts, either up front or monthly by debit or credit card or bank direct debit.
- Where you provide us with your card number or bank account details for payments, a continuous payment authority is set up. You are responsible for advising updates and or changes to details and keeping your membership account current so as to pay membership fees on time.
- This means that we will be able to use your payment details to automatically take payments which become due on your membership, such as at your renewal or if any amendments are made to your membership.
- This saves you from having to provide us with payment details each time and ensures that your membership continues without interruption.
- If you pay your membership by credit or debit card or other continuing payment authority, your existing membership will be automatically renewed on expiry of the initial membership service term (which occurs on payment of the final amount due under the Minimum Commitment Amount or Ongoing Commitment Amount, as applicable) unless we hear from you.
- Renewal will include any changes that apply to your membership.
- If you do not want to renew your membership you must tell us before the renewal date as set out clause h of these CellAED for lifeTM Terms or you provide us with notice that you wish for your membership service to end on the payment of the Minimum Commitment Amount which we must receive at least 30 days prior to the expiry of the CellAED for lifeTM membership service for your CellAED® device for which it was purchased.
- If you do not tell us and your membership is renewed, we will continue to deduct the new membership fees from your bank, debit or credit card account.
- We will tell you in advance before taking any payments and you can cancel your continuous payment authority at any time by contacting us provided that you have met the then (as applicable) Minimum Commitment Amount or ongoing Commitment Amount.
- By accepting the terms of the membership service, you will be agreeing to pay the membership fees.
- Our communications to CellAED for lifeTM members: As a member you will receive loyalty communications relating to your CellAED for lifeTM membership service through a number of channels which can include post and email or posting to your account dashboard. These may include exclusive rewards, offers and invitations from us.
- Transferring your CellAED for lifeTM membership service or
- The CellAED for lifeTMmembership service is only for personal use by the member registered to the CellAED® device which is attached to the CellAED for lifeTM membership service purchased at the same time with it.
- Unless we prior agree in writing, membership is not transferrable to another CellAED® device or member and the rewards and benefits can only be used by the member who is named and for the CellAED® device for which the membership service is attached. The CellAED for lifeTM membership remains the responsibility of the member, as do any security details relating to the membership account. We will not be held responsible for any loss arising from the member failing to ensure their safe-keeping or updating. You should be aware that unless you tell us in writing (by contacting us at /au/contact-us), that you have given your CellAED for lifeTM membership or CellAED®device to another person and we agree that you are no longer responsible for them, then you are responsible for all costs arising from the use of the CellAED for lifeTM membership or CellAED® device, including, without limitation, ongoing payment charges or returns and delivery obligations under these Terms.
- CellAED for lifeTM membership cannot be transferred, sold or in any way traded by a member.
- Only one CellAED® device can be used for each corresponding CellAED for lifeTM membership fee however, providing the member pays the corresponding membership fee for each CellAED® device, then the member may order multiple CellAED for lifeTMmembership services (that is, one service for each device).
Fair Use Policy Conditions of replacement of CellAED® devices under
- Rapid Response Revival has adopted this Fair Use Policy to prevent unreasonable or excessive usage of the CellAED for lifeTM membership replacement CellAED® device service.
- This Fair Use Policy applies in relation to the use of the CellAED® device provided by Rapid Response Revival for which the CellAEDfor lifeTM membership service is related.
- Rapid Response Revival may update the terms of this Fair Use Policy from time to time.
- Rapid Response Revival’s replacement of a CellAED® device for
is subject to the following conditions.
- The CellAED® device must only be used in a medical emergency where sudden cardiac arrest is suspected or occurs. You must not use it or permit it to be used for non-emergencies, training or play. Rapid Response Revival has the right, before providing any replacement CellAED® device, to require evidence that the CellAED® device was used in accordance with this Fair Use Policy. If such evidence is forthcoming or in Rapid Response Revival’s reasonable assessment is inadequate, then Rapid Response Revival has the right to refuse to replace the CellAED® device.
- The CellAED® device must not be used by you and you may
not permit any person to
in a way that Rapid Response Revival reasonably considers to be:
- a breach of any law, code or regulatory standard; or
- a breach of these Terms; or
- endangering the life to safety of any person or which is likely to or could be reasonably likely to endanger any person; or
- on any animals; or
- in a way that is likely to disrupt the provision of our services.
- Where Rapid Response Revival, in its sole discretion, considers that you have breached this Fair Use Policy, we will inform you of the breach and ask you to provide evidence that the CellAED® device was not used in breach of these Terms or Fair Use Policy.
- Rapid Response Revival is under no obligation to provide a
- the CellAED® device is not one for which the CellAEDfor lifeTM membership service was purchased or the membership is not current; or
- the CellAED® device was not used or stored in accordance with the instructions for use accompanying the product which we provided with it (or a circumstance exists for example where it would not be reasonable for Rapid Response Revival to replace it – for example, if we advised you that our monitoring of the CellAED® device indicated that it was being stored in a location or environmental conditions which were outside our recommended temperature range and you did not address that issue); or
- the CellAED® device was tampered with, modified or not used in accordance with the instructions supplied; or
- the CellAED® device had been dropped or suffered damage from physical impact; or
- the CellAED® device has been damaged by a fire or has been damaged by being exposed to excessive heat from direct sunlight or other sources (such as being left in a location or vehicle which caused it to be stored in temperatures outside the permitted ranges which we advise); or
- the CellAED® device has been subject to lightning; or
- the CellAED® device has been subject to a heat or contaminated liquid, causing a failure; or
- the CellAED® device has been submerged in water (i.e. pool, washing machine etc.); or
- the CellAED® device is used as part of a medical or commercial service (i.e. a fire fighting service, ambulance service, nurse, doctor or other medical or urgent care service).
- Replacements will not be provided for normal wear and tear; to repair cosmetic damage not affecting the functionality of any product; to conduct preventative maintenance; to replace products that are lost or stolen; to repair damage caused by reckless, abusive, wilful or intentional conduct, or any use in a manner not normal or intended by Rapid Response Revival; to repair damage caused by a product that is not a CellAED® device or other Rapid Response Revival supplied product; to repair any damage for any CellAED® device or product with a serial number that has been altered, defaced or removed; or to repair damages caused by fire, earthquake or other external causes.
- If there is a breach of this Fair Use Policy, then Rapid Response Revival
without prejudice to
rights and remedies may:
- limit, suspend or terminate the CellAEDfor lifeTM membership service or benefits; or
- refuse to replace the CellAED® device.
- Claiming your replacement CellAED® device after it was used for an emergency or
- The CellAED® device can only be replaced only where membership fees are paid, current and none is unpaid in accordance with the above. No cash benefit will be payable.
- The CellAED® device to be replaced following its use in an emergency must be reported to Rapid Response Revival during the membership term. To claim your replacement CellAED® device, contact us at /au/contact-us You must provide your CellAED® device serial number. Prior to us providing you with a replacement CellAED® device or an additional CellAED® device for the hero you must provide us with all information reasonably requested by us to us in relation to your or their use of your CellAED® device to enable us to verify that your or their use of the CellAED® device was in accordance with these Terms and that you are entitled to the replacement or additional CellAED® device.
- Members are entitled to a maximum of two replacement CellAED® devices within each twelve month period per CellAED® device purchased with a CellAED for lifeTM membership service.
- Customers buying a CellAED® device and CellAED for lifeTM membership service directly from Rapid Response Revival – what is included in these CellAED for lifeTM Terms: Where you purchase a CellAED for lifeTM membership service with your CellAED® device from Rapid Response Revival (that is, directly in the Rapid Response Revival store and not from one of our resellers), then these CellAED for lifeTM Terms additionally apply as well as: