1. Background

 1.1 The general terms and conditions of sale detailed below only govern the contractual relationship between the User (hereafter referred to as You) and the True-Kare (hereafter referred to as We) belonging to the company True-Kare, Serviços e Equipamentos, Lda, whose headquarters is situated at Av. Infante D. Henrique, 333-H, Ed. 4, Piso 5, Sala 56 1800-282 Lisboa, Portugal and registered with NIPC 509 636 179.

1.2  Both parties accept these conditions unreservedly. These general conditions of sale are the only conditions that are applicable and replace all other conditions, except in the case of express, written prior dispensation. We maintain that, by confirming your order, you unreservedly accept our general conditions of sale, having read them. These Terms and Conditions of Sale are important to you and True-Kare as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create an understanding between us.

1.3 True-Kare developed a service based in the interaction of a service platform and several devices, to help people to simplify their lives. The main functionalities of the service are the emergency calls and location.

1.4 True-Kare Service has different packages that can differ in the devices and functionalities included.

1.5 True-Kare service can be sold by True-Kare or by True-Kare Distributors. The service sold directly by True-Kare may have some differences from the service distributed by True-Kare Distributors.

1.6 The terms and conditions here stated regulate the relationship between True-Kare and you, when you bought the service directly to True-Kare (www.true-kare.com). If you bought True-Kare service through a True-Kare distributor the terms and conditions established with this distributor should be applied.

1.7 In the event that True-Kare undergoes reorganization or is sold to a third party, you agree that all terms and conditions stated in this contract will be transferred to that reorganized entity or third party.

2. Your Status

2.1 You warrant that you have the power to enter into and perform the Contract, that the Contract’s execution has been duly authorized by all necessary corporate action and that the Contract constitutes a valid and binding obligation on you, enforceable in accordance with its terms.

3. The Service

3.1  True-Kare grants you a non-exclusive, non-transferable right to access and make personal use of the Service and Website, via your personal computer, mobile telephone or other access device for private, non-commercial, purposes only and subject to your strict compliance with the Contract.

3.2  Other people or entity, different from the user, can use True-Kare service, only if they have the consent from the user and all legal authorization to make it.

3.3 True-Kare may at any time, without notifying you, make any changes to the Service which we believe will improve it, and/or are necessary to comply with regulatory or statutory requirements, or which do not materially affect the nature or quality of the Service.

4. The Devices

4.1  True-Kare developed devices to be integrated in True-Kare service. Those devices are supposed to be working properly, if are working with the service active.

4.2  To avoid malfunction usage, True-Kare can disable partially or totally the usage of those devices if the service is not active.

4.3  The list of the devices from other manufacturers that can be integrated in True-Kare service is available in True- Kare website.

5. Contract Formation and Activation

5.1  You will receive the devices you’ve ordered at the delivery address indicated by you.

5.2  To start using the Service, you should follow the instructions provided in www.true-kare.com/activation.

5.3  The contract with True-Kare starts with the order of the devices or the activation of the service.

6. Duration and Termination

6.1  Unless terminated in accordance with these Terms and Conditions, the Contract will be for a minimum period of 1 month. At the end of each month, the Contract will, after the payment of the following month fee, continue one more month active until terminated in accordance with these Terms and Conditions.

6.2  In the case you don’t pay the monthly fee we will keep your information during 3 months. In the event you don’t start paying the monthly fee to use the service, during these 3 months, we will delete all information about your account.

6.3  True-Kare devices were made to be integrated in True-Kare service. True-Kare only can ensure the proper use of the devices, if True-Kare service is in use.

6.4  You can at any time to stop using the service, by deactivating the service.

6.5  Termination of this Agreement for any reason shall not affect any other rights or liabilities accrued at the date of termination.

6.6  Either party may end the Contract if the other party commits a breach of the Conditions of Use and Sale, and in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied

7. Our Principles

7.1  Quality: True-Kare will try to provide the Service with minimum disruptions. However please understand that True-Kare cannot guarantee that the Service will always function without disruptions, delay or other imperfections.

7.2  Helpful but not 100% reliable – True-Kare made an effort to provide the Service with features that simplify your life. Some of them help you maintaining your good health or help you in emergency. As the technology used is not 100% accurate and/or may have interruptions or malfunctions, you should not rely exclusively in the Service.

 

7.3  Technical improvement and maintenance: True-Kare may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. True-Kare may also have to repair, improve, and/or upgrade the Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service.

7.4  Content of communications: True-Kare does not control, or have any knowledge of the content of any communication(s) spread by the use of the Service. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.

7.5  Legal Compliance: True-Kare will always make best endeavors to be compliant to the legislation in all countries where it has presence. In order to allow this, True-Kare reserves the right to make changes to the Website, its policies, and the Terms and Conditions at any time. You will be subject to the policies and Conditions of Use and Sale in force at the time that you use the Website or that you use the Service, unless any change to those policies or these conditions is required to be made by law or government authority in which case it will apply to orders previously placed by you.

8. Prices

8.1  In consideration of the provision of Service to you in accordance with the Contract and the other obligations undertaken by the True-Kare hereunder, you agree to pay True-Kare the Price and Monthly Fees together with any VAT thereon in full on their due date without any set-off, counter-claim, abatement, or other similar deduction.

8.2  Prices and Monthly Fees, together with any VAT thereon, must be paid with payment methods allowed by True- Kare.

8.3  True-Kare reserves the right to amend the Price and Monthly Fees and/or introduce new fees from time to time be giving you a 14 day’s notice. Any change in Price will be applied immediately. Any change to the Monthly Fees payable by you will take effect from the beginning of any Renewal Period.

9. Availability

9.1  Please note that we will honour your order while stock is available.

9.2  If a product becomes unavailable after your order has been confirmed, we will refund the price you paid for the product within 45 days following the date of payment.

10. Warranties

10.1  True-Kare shall use reasonable skill and care in the provision of the Service and it shall perform the Service in accordance with all applicable legislation, and in all material respects any codes of practice, existing in the country where you use it, relevant to the provision of the Service.

10.2  True-Kare warrants that upon delivery and for a period of 24 months from the date your devices were delivered, they will be free from defects in materials and workmanship.

10.3  If any Device complies with the warranty clauses 10.1 to 10.5 then True-Kare shall at its cost, expense and discretion use all reasonable endeavors either to repair or replace the Defective Device within 30 working days of receipt of the Defective Device.

10.4  No warranty is made regarding the results of usage of the Service or the Website or that the Service or Website will meet the user’s requirements or that the Service will operate uninterrupted or error free.

10.5  True-Kare warranties do not cover:

10.5.1 improper use of the devices,

10.5.2  damage resulting from repairs performed by non-certified technicians,

10.5.3  replacement consumables such as batteries, earphones, cables, chargers

10.5.4  damage caused by external factors such as accidents, internal or external shocks, lightning, power spikes, rust, water and sand.

10.5.5  if the defect arises because the user failed to follow True-Kare oral, visual or written instructions as to the storage, installation, commissioning, use or maintenance of the Device;

10.5.6  that is attributable to non fair wear and tear, abuse, improper use or use in an environment or for a purpose for which the Device was not designed or intended by True-Kare; or

10.6  True-Kare shall not be liable for a breach of the warranty in clause 10.3 and 10.4 unless:

10.6.1  You give written notice of the defect to True-Kare within 14 days of the time when you discover or ought to have discovered the defect; and

10.6.2  True-Kare is given a reasonable opportunity after receiving the notice of examining such Devices and you return such Devices to True-Kare at your cost for examination to take place there.

10.7  If True-Kare complies with clauses 10.3 it shall have no further liability for a breach of the warranty in respect of such Devices.

10.8  Any repaired or replacement Devices will be warranted on these terms for the unexpired portion of the warranty period.

10.9  If True-Kare receives written notice from you of any breach of the warranty in clause 10, then True-Kare’s sole liability shall be, at its sole discretion, to:

10.9.1  remedy the breach within a reasonable time and without charge to you; or

10.9.2  refund such proportion of the Monthly Fee as shall correspond to the period during which the breach took place.

10.10  In cases where the True-Kare’s warranty is no applicable, True-Kare will provide you with an estimate repair fee. If you would like your product(s) to be returned to you by the True-Kare without any repairs being carried out, administration charges may apply. Should you choose to abandon your product altogether, no additional charges will apply.

10.11  You have 3 months to accept to reject the quote and pay the amount due. If we do not hear from you within this time, we will assume that you have rejected the quote and abandoned your product. No compensation will be issued.

10.12  Our after-sales service will only attempt to send products to customers twice. If we are unable to deliver your parcel on both occasions, (i.e. parcel refused, delivery impossible, etc.) your product will be returned to True- Kare’s logistics center, where you’ll be able to collect it within 3 months. After this time, we will assume that you have abandoned your product, and True-Kare will reserve the right to destroy your item. No compensation will be issued.

11. Returns

11.1  For any returned package, please follow the instruction given by True-Kare support team.

11.2  Please note that shipping fees are the client’s responsibility, except if the product does not conform to the description of said product. You are also responsible for any damage done during the shipping of the returned goods.

12. Personal identification and password

12.1  All information regarding yourself in the web self care is encrypted and only accessible by your user or who you delegate this authorization. Neither True-Kare, neither distributors have any form of access to your personal data.

12.2  You acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account.

12.3  You are able to delegate the access to your web self care, by another user or institution. You are the only responsible for this delegation, are only should make this if you dealt with all legal procedures required.

12.4  You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You must not allow any third party to access your account.

12.5  If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you should immediately change or reset the password. If you have reset the password, you will receive the new password in the email address you’ve indicated in the registration.

12.6  If your Device is lost or it has been stolen, you should block its usage in the Website. In order to continue to use the Service, you need to recover your Device or Authorized Device or to buy a new one, and activate it again in the Website.

13. Privacy

13.1  True-Kare is committed to using technology to help people become active partners in their own healthcare. We are also committed to protecting individual privacy. We implemented several technical mechanisms to protect service, namely we encrypt all information in the website and in communication between the Device and service platform, and only allow your user of the account to access to that information.

13.2  You acknowledge that you voluntarily introduce personal information in the Website.

13.3  You can introduce new information, change or delete the existing information. You are the only responsible for the accuracy and usage of the information.

13.4  You have also the right to erase all information regarding you and your account.

13.5  If for any reason you delete all information regarding you and even your account, you acknowledge that your are the only responsible for it. However, you still can use the Service, by creating a new account, with the process written in www.true-kare.com/activation.

13.6  In the event that True-Kare undergoes reorganization or is sold to a third party, you agree that any personal information True-Kare holds about you may be transferred to that reorganized entity or third party.

14. Medication and Health Indicators

14.1  True-Kare allows you to manage Medication and Health Indicators. The system will display your medication regimen and Health Indicators based on the information that you enter. You are solely responsible for the accuracy and completeness of that information.

14.2  True-Kare makes no warranties, express or implied, or representations of any kind regarding the accuracy, completeness or sufficiency of any information presented on this web site or the suitability for use of this web site or any information presented on this site for a particular purpose. It expressly disclaims liability for any and all claims arising from use of the Service or any of the content of the Website.\

14.3  The Service does not practice medicine and provides no diagnosis of your condition and no recommendation about the course of treatment for your particular circumstances. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment.

14.4  The Service provides medication and health indicators reminders. However, it is ultimately the user’s responsibility to take his or her medication and control her health indicators at the proper times. The Service provides no guarantee that reminder messages will arrive in a timely manner or arrive at all. True-Kare cannot ensure that there will be no problems in the communication or storage of medication and health indicators. True-Kare take no responsibility for any consequences that may arise from a user not receiving a reminder message or not taking his or her medication in a timely manner as a consequence of not receiving a reminder message. True-Kare takes no responsibility for any consequences of using incorrect information present in the Service.

15. Emergency

15.1  The Service has mechanisms where you can choose the way you ask for help. You acknowledge that these mechanisms were implemented in technology that does not ensure full availability and accuracy.

15.2  You acknowledge that you shouldn’t only rely on the Service to face these situations.

15.3  True-Kare assumes no responsibility or liability if the Service doesn’t work as you wish or as it was designed for, at any time, even when there was an emergency.

16. Communications

16.1  True-Kare may communicate electronically with you by e-mail, by posting notices on the Website or send you messages in the phone. For contractual purposes, you consent to receive communications from True-Kare electronically and you agree that all agreements, notices, disclosures and other communications that True-Kare provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16.2  You acknowledge that there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient.

17. Suspension of Service

17.1  True-Kare may suspend all or part of the provision of the Service to you, without notice if you are in breach of any of the terms of the Conditions of Use and Sale.

17.2  In case of suspension, True-Kare is allowed to restrict some or all functionalities of the service, namely the capacity of the device to make calls.

17.3  In the event that True-Kare does suspend the provision of the Service to you, the Contract will continue in full force effect and you will remain liable to pay the Membership Fees during any period of suspension.

18. Your Conduct

18.1  You must not use the Service in any way that causes, or is likely to cause, the Website and Devices or access to it to be interrupted, damaged or impaired in any way.

18.2  You must keep information provided to you as part of the Service (such as Device location information, Health Indicators, Medication Information) confidential.

18.3  You must not use the Website or Service:

18.3.1  for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;

18.3.2  in a way that True-Kare in its absolute discretion considers is unauthorized, unlawful, fraudulent or improper;

18.3.3  otherwise in accordance with the True-Kare Instructions;

18.3.4  in any way which True-Kare considers will damage or effect the operation of the Service, the Website, telecommunications networks, GPS networks or Products; or to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.

18.4 You may not use any Intellectual Property or other proprietary information of True-Kare without our express written consent.

19. Intellectual Property Rights

19.1  All content included on this Website, and devices, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of True-Kare, and/or third parties. The compilation of content on this Service is the exclusive property of True-Kare. The software used on this Service is the property of True-Kare or its licensors, and is protected by European Union and international copyright laws.

19.2  All trademarks, product or service names, brand names, company names and/or logos that may appear on this web site are the property of True-Kare or their respective owners.

19.3  True-Kare and third party owners reserve all copyright, trademark, and other intellectual property rights to this web site and the content presented on this web site.

19.4  As a registered user, you are permitted to use this Service and the materials presented here for individual, non- commercial purposes only. You are permitted to print, copy and use information about your personal medication regimen. You are not permitted to copy, paste, resell, redistribute or transmit any portion of information or content of this program without the written permission of True-Kare. This Service and its content may not be reverse engineered, and its look and feel may not be duplicated.

19.5  As a registered user, you agree to honor these intellectual property rights.

20. Third party products and services

20.1 This Service may contain advertisements or promotions for third party products and services. True-Kare does not endorse any product or service or make any representation regarding the content or accuracy of any materials provided by third parties on or through the True-Kare site. Links to third party web sites are not intended as an endorsement by True-Kare. True-Kare does not monitor third-party Web sites, assumes no responsibility for the content of or services offered by linked third party sites. True-Kare does not monitor the privacy practices of linked Web sites and does not exercise authority over such Web sites and assumes no responsibility for the data collection policies and procedures of linked Web sites. If you decide to purchase a service or product advertised on this Site or access linked third party web sites, you do so at your own risk.

21. Limitation of Liability and Exclusions

21.1 In no event shall True-Kare, its affiliates, its licensors or the True-Kare staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

21.1.1 any indirect, special, incidental or consequential damages;

21.1.2  any loss of income, business or profits (whether direct or indirect);

21.1.3  any loss of data, goodwill;

21.1.4  any loss of health, relationships, emergency help.

21.2  True-Kare does not accept responsibility for the personal safety and health of anyone using the website, or service.

21.3  The limitations on True-Kare’s liability to you in paragraph 20.1 above shall apply whether or not True-Kare, its affiliates and True-Kare staff, have been advised of the possibility of such losses or damages arising.

21.4  Nothing in this agreement is intended to exclude or restrict or shall be construed as excluding or restricting the liability of True-Kare for (i) the death or personal injury caused by the negligence of True-Kare, the True-Kare staff or its Ambassadors, or (ii) any liability which cannot be limited or excluded by law.

21.5  True-Kare ‘s total liability under or in connection with these terms of service (whether in contract, tort (including negligence) or otherwise shall not exceed in aggregate the amount paid by you for the monthly fees of the service (where relevant) in the 12 month period prior to the date of the event giving rise to the relevant claim, subject to a maximum of 108 euro in all cases irrespective of whether you have paid for the products (unless the loss is due to True-Kare’s willful default or gross negligence).

21.6  Specific disclaimer of liability for content. True-Kare disclaims any and all responsibility or liability in relation to the content made available through the products (including, without limitation, public chats, calls to premium rate numbers) or any content, products or service provided by third parties referred to in paragraph 11 below. Neither skype nor its officers, employees or affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss, (and you hereby waive any and all such claims or causes of action), arising from or relating to all such content, products or service.

21.7  Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

21.8  Force Majeure. You acknowledge and understand that if True-Kare are unable to provide the Service as a result of a force majeure event True-Kare will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of True-Kare. In the event True-Kare is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. True-Kare SHALL NOT have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform its obligations under this agreement to the extent that such failure is as a result of a force majeure event.

22. Miscellaneous

22.1  True-Kare reserves the right to transfer the Contract to any third party at any time. You may not transfer the Contract to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.

22.2  Except where the context requires otherwise, the singular includes the plural and vice versa; a reference to one gender includes all genders; words denoting persons include firms and corporations and vice versa.

22.3  Headings are for ease of reference only and shall not affect interpretation or construction of the Contract.

22.4  No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

22.5 If any provision of the Contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall not be affected.

23. Jurisdiction

23.1 The Contract shall be governed by and construed in all respects in accordance with the law of the Portugal and the parties agree to submit to the exclusive jurisdiction of the Portuguese Courts.