Terms of service

OVERVIEW

This website is operated by Trelawear Inc. Throughout the site, the terms “we”, “us” and “our” refer to Trelawear. Trelawear offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.  Note that only one(1) gift card can be utilized per transaction.  Gift cards except where indicated can be utilized in conjuntion with one(1) promotional code.  

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

TRELAWEAR DEVICE TERMS OF SERVICE

1. Introduction

1.1 By purchasing and using a Trelawear device you agree to be bound by these terms and conditions set forth herein (this "Agreement"). For purposes of this Agreement, the term “User” is the actual individual wearing the Trelawear device (either to be worn on the neck, or attached to an accessory, i.e. belt/handbag) and for whom the notifications will be triggered by the Trelawear device, while the terms “you” and “Subscriber” can mean both the User and the individual agreeing to this Agreement on behalf of the User, if applicable. All parties understand that Trelawear is an emergency alert device that is programmed to work with the FallCall® Detect and FallCall® Lite “applications” that provide services to the user of Trelawear pendants and that FallCall Solutions LLC is the service provider. In order to be functional the device must be worn on the User’s neck, or attached to an accessory (i.e. belt/handbag) and also must connect directly to the User’s smartphone app supplied by FallCall Solutions, LLC. Since Trelawear is worn by the User and is smart app and communications driven, you understand and acknowledge that its use requires both a smart device and wireless connectivity for the smart device, and that the User must adhere to all written instructions associated with the Trelawear device as well as instructions provided to the User and the Subscriber with regard to updates and battery replacement, to maintain a continuous wireless signal.

1.2 The Trelawear device is described as the “Device” throughout the remainder of this Agreement. FallCall Solutions LLC is described as the “Service Provider” throughout the remainder of this Agreement. “Caregiver” means an adult, including a family member, friend, neighbor or designee who is monitoring and communicating with a User through the Service Provider’s applications.

1.3 This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability, as set forth in the Agreement.

2. Your Compliance with this Agreement

2.1 You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged.

2.2 You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of the User, you have the authority, through a power of attorney or other legal documentation, to represent and legally bind you and the User to all the terms and conditions of this Agreement.

3. Your Access and Use of the Device

3.1 Your right to access and use the Device and the notifications to the User’s identified individuals is personal to the User and is not transferable to any other person or entity. Your access and use of the Device may be interrupted from time to time for any of several reasons, including internet WIFI, wireless or your other internet connection, and from the Device’s battery power, as stated in the next paragraph.

3.2 You understand that the Device’s battery needs to be checked regularly. The Device sends notifications to the User and all identified individuals when there is a possibility of low battery power. It is your responsibility to maintain the battery regardless of notification, to respond to all notifications of low battery power, and to replace the device as soon as the low battery notification is received. You acknowledge that any failure to maintain the battery or any of the instructions provided with the Device can result in the failure of the Device to operate and to send notifications to the identified individuals.

3.3 Upon initiation of the Device, either User or Subscriber must setup an account with the Service Provider through either the FallCall Lite or FallCall Detect applications, pair with at least one Caregiver who has setup an account, and subscribe to one of the communication subscriptions offered through the applications. For a description of the information necessary to setup an account, please see the Service Provider’s Terms and Conditions of Service.

3.4 Any action by you that, in our sole discretion: (1) violates the terms and conditions of this Agreement or (2) restricts, inhibits or prevents any access of our notification process on behalf of the User shall not be permitted, and may result in your loss of the right to use and receive notifications on behalf of the Device.

4. Our Intellectual Property Rights

4.1 Our names, graphics, logos, and service names are our trademarks or trade dress in the United States and its territories(collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without our prior written permission. Any third-party names, trademarks, and service marks, if any, on our website, are property of their respective owners.

4.2 You are solely responsible for any damages resulting from your infringement of our Proprietary Marks or intellectual property, or any third-party's intellectual property rights incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for any purposes that are contrary to the terms and conditions of this Agreement.

5. Device Limitations

5.1 In consideration for the use of the Device, you acknowledge and agree that we do not represent or warrant that the Device will prevent death, bodily or personal injury or damage to you, User or any others (including unauthorized users) who may use the Device. You understand that the Device provides emergency alerts to Users, notifications to the User’s identified individuals, and other services provided by the service provider as designated by User subscription. We make no representation or warranty as to the promptness of any response to the emergency that is triggered by the Device, and we have no control over the response time or capability of any agency or individual, including those identified by the Subscriber during the Device set-up, who may be notified as a result of the Device notification. We cannot be held responsibility for any incorrect information provided by you with regard to those individuals who are to be notified by the Device. You further understand that the Device may fail to function properly as described herein. You agree that if we were to have any liability greater than that agreed to by you under this Agreement, we could not and would not provide the Device.

5.2 The Trelawear device is FCC certified in the US under FCC ID: XO8-HALOMBLE-A.

5.3 You understand that there are alternatives available to you such as 9-1-1 emergency telephone service and you use this Device with a full understanding of its limitations and the limitation of our liability, as set forth below in this Agreement. You acknowledge that you have read and understood this Device Limitations section and all other terms of this Agreement.

6. Your Responsibility for Equipment and Related Costs and Information

6.1 You are responsible for obtaining and maintaining the Device and communications or your internet access services and all equipment or services needed for the Device to work properly. The Device notification process requires an Apple iPhone® smartphone or and IOS smartphone with internet for notifications. You are further responsible for proper set-up and care of the Device, as provided in the instructions on the Trelawear website (www.trelawear.com) which includes but is not limited to instructions on the proper storage, use, cleaning and battery life of the Device. The Subscriber agrees to follow all instructions provided on the Trelawear website with the Device.

6.2 All costs and fees associated with communications access incurred with regard to your access and use of the Device are fully the responsibility of Subscriber. This includes, but is not limited to, all costs associated with the Device and any connection subscriptions provided by the Service Provider. For more information on Service Provider subscriptions, please refer to the Service Provider’s “Terms and Conditions of Service”.

6.3 For the avoidance of doubt, the Device will not property provide notification if the internet connection is impaired, slow or not properly assessable.

6.4 Further, Subscriber acknowledges that any updates and/or corrections to the individuals to be notified by the Device must be current, and that any discrepancies in such individuals or their contact information must be corrected by Subscriber.

7. Limitations on Our Liability

7.1 All terms and conditions set forth on all pages of this Agreement and the instructional materials are part of our Agreement with you – read them before you agree. Subscriber represents and warrants that the person designated as “User” will be the actual user of the Device and notification process. Subscriber must electronically agree and sign this Agreement, and provide all information regarding the family members or other individuals of the notification of User in order to properly activate the Device. Subscriber understands and agrees that our duties and obligations to provide the Device arise solely and exclusively out of this Agreement and not otherwise. Subscriber further acknowledges that Subscriber has agreed to indemnify our Service Provider and hold our Service Provider harmless against any claims that may be asserted by User, Subscriber or anyone else pursuant to this Agreement.

7.2 We shall in no event be responsible to, or liable to, you (and/or the subscriber and/or the user), or any third party, whether in contract, warranty, tort, strict liability (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this agreement; (ii) your access and use of the device and/or any notifications; (iii) any party’s delay in accessing or inability to access the notification from the device for any reason; or (iv) any claim otherwise arising out of the use of our device, even if we and/or our affiliates and/or agents had been advised of the possibility of damages. for the abundance of doubt, our liability and the liability of our affiliates, directors, officers, employees, independent contractors, shareholders, representatives, and agents (“medhab parties”) arising out of this agreement shall not exceed the fees paid by subscriber for the device.

7.3 You agree that any cause of action arising out of or related to the device must commence within one (1) year of the original purchase date of the device, otherwise, such cause of action is permanently barred.

7.4 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

8. Your Indemnification of Us

The user or subscriber shall defend, indemnify and hold harmless medhab parties from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information for notifications needed or as requested or required by us, including but not limited to any changes with the notifications; (iii) your access or use of our device; and/or (iv) any personal injury or property damage caused by you.

9. Amendments of this Agreement

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted to this site. Amendments will take effect immediately upon us posting the updated Agreement to this site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of our Device following the posting of any such changes shall automatically be deemed your acceptance of all changes.

10. Legal Disputes

You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Device will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you have against us are resolved.

11. Applicable Law

You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.

12. Agreement to Arbitrate

You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Device, or any products or services sold, offered, or purchased by Subscriber shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").

12.1 Prohibition of Class and Representative Actions and Non-Individualized Relief

You agree that you may bring claims against any of our affiliates, directors, officers, employees, independent contractors, shareholders, representatives, and agents arising out of this agreement only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. unless we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). any relief awarded cannot affect our other users.

12.2 Arbitration Procedures

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.

12.3. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Kent County, Delaware. You agree to submit to the personal jurisdiction of the courts located within Kent County, Delaware for the purpose of litigating all such claims or disputes.

13. Miscellaneous

13.1 If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

13.2 The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

13.3 All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this

14. Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.


Product Disclaimer

This disclosure is made to inform healthcare providers, patients, and other users, of certain aspects of bluetooth in the trelawear device. the information contained herein has been prepared to specifically help users understand the limitations and proper use of information captured by trelawear.

Trelawear employs a wireless-embedded system in the device to facilitate reporting emergency alert calls to the central device through the FallCall Detect or FallCall Lite applications provided by FallCall Solutions.

Low energy wireless communications technology are both based on limited-range radio transmission and reception. Trelawear uses these technologies to connect the Trelawear device and transmit data and other information (collectively Data) to, without limitation, the user’s mobile smartphone or other receiving device (together Receiving Device), through which such Data ultimately can be made available to the User, the User’s network of caregivers and/or the Service Provider’s connected 24/7 emergency monitoring services (referred to as “Central Monitor”). If at any time WIFI and/or Cellular Data connection is lost, intermittent, or too weak to transfer Data, Trelawear may be unable to communicate such Data to the user’s Receiving Device and thus such information may not be made available to the User, the User’s network of caregivers and/or the Central Monitor in a timely manner or at all. WIFI and/or cellular technology cannot provide completely reliable connectivity in any given circumstance, whether in or out of doors, and both technologies are affected by, among other things, inherent limitations on range within which communications can be conducted successfully; local environmental factors such as active and passive radio and electrical interference from lightning, solar flares, other weather events, and other natural and man-made sources; and interruptions of electrical power service.

Trelawear uses the Global Positioning System (GPS) and WIFI in your smartphone to discover your location. At times, the location provided by your smartphone will not be available or may be inaccurate, leading to reporting inaccuracies triggered by Trelawear. The Service Provider’s applications employ a technique by which it attempts to discover a more accurate position in the time after an emergency event occurs. If a new, more accurate location is discovered, the application will report this new location to your group of caregivers and/or the Central Monitor.

Trelawear is not responsible for lost, intermittent or weak connectivity between Trelawear and a receiving device, or for inaccurate gps locations, or for any resulting failure to transfer data or other information, including notification of a fall, to a receiving device in a timely manner or at all. The information contained herein has been prepared to specifically help users understand the limitations and proper use of information captured by Trelawear.