TERMS AND CONDITIONS

These Terms and Conditions (“Agreement”) establish the rules for using https://ytals.com.au or mobile app ytals (“we”, “our”, “us”) and buying medical watches and accessories (“Products”) provided by Qual-T Solutions (also referred as “Qual-T” ), a business name managed and operated by Sree Tech Consulting Australia Pty Ltd (ABN 85 614 188 760).

By accessing the Website, engaging in purchases with us, or being our users, customers, or consumers (“you”, “your”, “yours”), you signify your comprehension and consent to adhere to these Terms and Conditions. Kindly pause to thoroughly review this Agreement prior to continuing.

1. Acceptance of Terms

1.1. Upon accepting these Terms of Use, you confirm that you have reached the requisite age of maturity as defined by your state or province of residence. Alternatively, you affirm that you meet the age of maturity in your state or province of residence and have provided us with your authorisation to permit any of your under-age dependants to access and utilise this website.
1.2. Engaging with our offerings for any unlawful or unauthorised intentions is strictly prohibited. During your engagement with the website, you are prohibited from contravening any legal statutes applicable within your jurisdiction, which encompasses, but is not confined to, statutes regarding intellectual property rights.
1.3. Transmission of malicious codes, such as worms, viruses, or any other harmful programming, is strictly forbidden.
1.4 Should you breach or infringe upon any of these stipulated Terms, it will lead to an immediate cessation of the services provided to you.

2. General Terms

2.1. Our prerogative remains to decline provision to any individual for any grounds at any given instance.
2.2. You acknowledge that your materials (excluding information related to debit card transactions) could be conveyed without encryption and entail (a) transmissions through diverse networks; and (b) alterations to adhere and adjust to the technical prerequisites of interconnecting networks or apparatuses. Data regarding debit card transactions is consistently encrypted while being relayed via networks.
2.3. You hereby pledge not to replicate, make copies of, imitate, vend, oversell, or capitalize on any segment of the Assistance, utilisation of the Assistance, or admittance to the Assistance, or any correspondence on the site by which the assistance is granted, except under explicit written consent from us.
2.4 You agree and provide your consent that Qual-T Solutions to send you text messages under the following circumstances

- To provide an OTP (One time password) for password reset or during user registration on the mobile app / website
- To send SOS alerts if you missed a call from the watch wearer
- To delivery important communications that require your attention such as payment reminders etc

3. Precision, Completion, and Timeliness of Details

3.1. We disclaim accountability in the event that data presented on this platform lacks precision, entirety, or is not up to date. The content showcased here serves a general informative purpose exclusively and should not be leaned upon or adopted as the exclusive foundation for decision-making without consulting primary sources of information that are more accurate, more comprehensive, or more current. Placing reliance upon the content on this platform is undertaken entirely at your own risk. 3.2. This platform might include specific records of the past. These historical details, by necessity, are not current and are presented strictly for your consultation. We hold the right to adjust the substance of this platform at any given point; however, we carry no obligation to refresh any data on our platform. You concur that it is your duty to oversee alterations to our platform.

4. Mobile Network Coverage Disclaimer

4.1. Your understanding of the mobile alarm connection’s actual performance relies heavily on their proximity to the available 4G or 3G mobile network coverage.
4.2. This phenomenon is a common attribute of wireless networks including mobile network. For instance, coverage may be compromised or non-existent in certain locations due to various physical structures or geographic areas/locations, or even due to the specific device you use. Physical obstructions such as walls within your home/location that can hinder coverage might include basements, elevators, underground parking lots, solid buildings, tunnels, and road embankments. Natural features like hills, mountains, or trees can also interfere with coverage.
4.3. Given the reliance placed upon the device for potential emergency situations, it is incumbent upon you to duly designate and maintain appropriate emergency contacts to ensure timely and effective response to emergencies.
4.4. “ytals” does not assure continuous connectivity to the mobile network or the guaranteed reception of help messages or calls by emergency contacts at all times or within a short timeframe. “ytals” cannot be held accountable for any indirect or consequential losses or claims.

5. GPS locational services Disclaimer

5.1. The locational services used by GPS help to identify your location for emergency purposes. YTals utilizes Google maps for GPS location, although it may be limited in certain areas. 5.2. In certain locations where GPS signals are not available, the watch may rely on Bluetooth and Wi-Fi for location tracking.

6. Product(s)

6.1 .Qual-T functions as a reseller for medical watches and accessories sourced through its partner, TechUva Solutions Pvt Ltd in India. The watches are produced in China. Our partner, TechUva, imports them to India, where they erase the manufacturer’s data and then resell the watches after applying firmware updates. These firmware updates serve the purpose of directing the watch data to the website, allowing customers to monitor the vital signs of their loved ones through the customer portal. This is a crucial operation that we are obligated to perform before selling the product to our customers.
6.2. Our products hold an exclusive online presence, accessible solely through our website. Please be aware that these items might have limited availability and can only be returned or exchanged following the company’s discretion.
6.3. Our utmost effort has been put into accurately presenting the colours and visuals of our products showcased on the website. Nevertheless, it is important to note that we cannot guarantee the precise representation of colours on your devices. The availability of colours is dependent on the stock we procure from the manufacturer.
6.4. We retain the right, though not under obligation, to impose restrictions on the sale of our products or services based on factors such as individual, location, or jurisdiction. This right will be exercised on a case-by-case basis. Additionally, we hold the prerogative to limit the quantities of products or services available for purchase. The descriptions and pricing of products are subject to change without prior notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services on this site are considered void where prohibited.
6.5. We cannot guarantee that any purchased products, services, information, or other materials will meet your expectations in terms of quality. Likewise, we do not provide assurances regarding the correction of any errors in the services we offer. However, all our products are sold with a strong commitment to quality. It is worth noting that the perception of quality can vary from person to person and cannot be universally measured or generalised.
6.6. Our products usually come with a payment of additional subscription for the service. The subscription fee covers the monitoring of vital information by you through our developed website. This subscription fee helps us cover the costs associated with maintaining the website and offering you support
6.7. The ytals Health and Safety Watch possesses the capability to monitor body vitals; however, it is important to note that the measurements provided are solely indicative and do not meet medical grade standards. In the event that your health condition deteriorates or worsens based on these indications, it is imperative that you promptly seek consultation and guidance from your designated healthcare provider or medical professional.
6.8 Product Warranty

- The Warranty of product (device) will be 12 months from the date of purchase.
  - Product (device) can be replaced if it is returned in original condition
  - The warranty covers issues such as non-functional software or firmware, an unusable watch, or malfunctioning vital signs monitoring.
- The warranty will be void in the following circumstances
  - If the product is updated with unauthorised software of firmware
  - If the product is tampered with in any way
  - If any of the device accessories are damaged intentionally or unintentionally
  - If any scratches on device’s screen while placing them on any hard surface
  - Damage due to misuse, abuse, or neglect.
  - Any modifications or repairs not carried out by authorised service centres.
  - Normal wear and tear, including but not limited to battery degradation over time.
  - Damage caused by exposure to liquids, extreme temperatures, or environmental conditions.

7. Changes to Offers and Prices

7.1. Our pricing structure is subject to potential changes without prior notification. We retain the authority to modify or terminate the service (or any of its components) at our discretion and without advance notice. Any such modifications, service interruptions, or adjustments in pricing will not incur any liability on our part towards you or any other individual.

8. Payment Details

8.1. We have the right to reject any order you make through our website. We might decide to limit or cancel how much you can buy for yourself, your family, or each time you order. This might include orders made using the same customer details, credit card, or even orders that have the same billing or shipping address.
8.2. If we need to change or cancel an order, we will inform you by using the email or billing address/phone number you gave us when you ordered. We can also decide not to accept orders that seem like they are from sellers, resellers, or distributors, based on our judgement.
8.3. When you purchase products from our website, you agree to give us correct and full details about your purchases and your account. You also agree to update your account and other information quickly. This includes your email and credit card details, like the card number and when it expires. This allows us to complete your transactions and talk to you when we need to.
8.4. In instances where a monthly or yearly subscription is in effect, we reserve the right to request your authorization for payment, or in some cases, our payment mechanisms may automatically activate autopayment using your designated payment method. Additionally, it is important to acknowledge that certain payment methods, such as credit cards, may incur supplementary fees, which shall be clearly delineated and incorporated into the final order. We mostly try NOT to pass on those charges to you, wherever possible

9. Links to Outside Websites

9.1. Our website may feature content originating from external individuals or entities. Should you navigate to other websites through hyper-links provided on our site, it should be noted that those websites are independent of our ownership. We neither undertake scrutiny nor assure the quality of their content, and we disclaim any obligation to indemnify for any inadequacies or disruptions caused by their offerings. This disclaimer encompasses their content, websites, and all associated products or services. 9.2. We hereby absolve ourselves from liability in the event of any complications or damages arising from transactions involving the acquisition of goods, utilisation of services, or engagement with activities on externally linked websites. Prior to engaging in any interactions, we strongly recommend a thorough review of the policies and protocols governing these external websites, ensuring comprehensive comprehension before embarking on any associations with them. Should queries, grievances, disputes, or uncertainties arise concerning products or materials from external websites, we defer such matters to the relevant third-party entities. 9.3. When payments are processed via our website, Qual-T utilises a third-party payment gateway. We carefully select reputable payment gateways known for their excellence in the market. While we cannot guarantee the prevention of payment gateway failures during

10. Privacy

10.1. In the event that you disclose your personal information on the website, the operational framework of our Privacy Policy shall be set in motion. Should you desire to go through our Privacy Policy, it is accessible on our website for your review.

11. Errors, Amendments, and Omissions

11.1 .Our site may contain errors, inaccuracies, or omissions in product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct these issues without prior notice, including after an order is submitted. We are not obligated to consistently update or clarify information on the site or related platforms, unless required by law. The presence of an update date does not imply comprehensive modifications.

12. Prohibited Uses

2.1. Aside from the various restrictions listed in the Terms of Service, you are not allowed to utilise the website or its materials in the following ways: a)Engaging in any unlawful activities. b)Encouraging or enticing others to partake in unlawful actions. c)Violating any global, national, provincial, or local regulations, statutes, laws, or community decrees. d)Infringing upon or transgressing our intellectual property rights or the intellectual property rights of others. e)Subjecting others to harassment, abuse, insults, harm, defamation, slander, derogation, intimidation, or discrimination based on gender, sexual orientation, faith, ethnicity, race, age, origin, or disability. f)Presenting incorrect or deceptive information. g)Uploading or transmitting viruses or any form of malicious code that could potentially affect the functionality or performance of the Service, affiliated websites, other online platforms, or the Internet at large. h)Collecting or tracing the personal information of other individuals. i)Executing spam, phishing, fraudulent schemes, pretext manoeuvres, web crawling, or data scraping. j)Utilising the Service for obscene or morally reprehensible purposes. k)Obstructing or evading the security mechanisms of the Service, affiliated websites, other online platforms, or the Internet. 12.2. We maintain the authority to terminate your access to the Service or any linked websites if you breach any of these prohibited uses.

13. Disclaimer of Service Reliability

13.1. Please be aware that we cannot ensure continuous, punctual, secure, or error-free use of our service. 13.2. The accuracy and dependability of outcomes obtained through service utilisation are not guaranteed. 13.3. It is within our purview to suspend the service for unspecified durations or terminate it without prior notification.

14. Warranties and Representations

4.1. Your engagement with, or incapacity to engage with, the service exclusively rests upon your own risk. The service and any products or services obtained through it are provided on an ‘as is’ and ‘as available’ basis, unless otherwise explicitly stated. This entails the absence of any express or implied representations, warranties, or conditions, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, durability, ownership, and non-infringement. 14.2. The information on this website should not be considered as advice. For legal, financial, or medical advice, consult a professional.

15. Limitation of Liability

5.1. Qual-T solutions, along with its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors, shall not be held liable for any form of injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages. This includes, but is not limited to, lost profits, revenue, savings, data, or replacement costs arising from the use of the service, or any products procured through the service. This limitation of liability applies whether the basis of claims is contract, tort (including negligence), strict liability, or any other legal theory, even if the possibility of such damages has been advised.

16. Legal Boundaries

6.1. In certain jurisdictions or states, regulations may preclude the complete renunciation or constraint of liability for particular types of damages. Should such regulations be applicable, our liability shall be restricted to the maximum extent permitted by law within those jurisdictions or states.

17. Indemnity

You shall undertake the obligation to indemnify, defend, and hold Qual-T and its associated individuals and entities entirely harmless against any claims or demands, inclusive of reasonable legal fees, asserted by any third-party by reason of or arising out of your breach of these present Terms of Service or the incorporated documents by reference herein, or your violation of any applicable law or the rights of any third-party.

18. Severability

Should any provision within these Terms of Service be ascertained to be illegal, without merit, or unenforceable, such provision will, nevertheless, be enforceable to the most extensive degree allowed by applicable law. The unenforceable section will be viewed as detached from these Terms of Service, and this determination will not undermine the legitimacy and feasibility of any other surviving provisions.

19. Termination

19.1. All commitments and responsibilities undertaken by the involved parties prior to the termination date will persist even after the discontinuation of this agreement, serving all intents and purposes. 19.2. The effectiveness of these Terms of Service remains until nullified either by you or us. You retain the authority to nullify these Terms of Service at your discretion by communicating your decision to discontinue the use of our Services, or upon the discontinuation of your interaction with our website. 19.3 Should it come withour exclusive assessment that you falter, or if we hold suspicion that you have faltered, in abiding by any clause or provision within these Terms of Service, we retain the prerogative to dissolve this agreement without any advance warning. You will continue to carry responsibility for all outstanding dues up to and including the termination date. Alternatively, we hold the right to block your entry to our Services (or any of its constituents).

20. Entire Agreement

20.1. In the event that we do not exercise or enforce any of the rights or stipulations outlined in these Terms of Service, it should not be regarded as a relinquishment of those rights or stipulations. 20.2. The entirety of your utilisation of the Service is governed by these Terms of Service, along with any guidelines or operational regulations that we publish on this platform or concerning The Service. This stands as the comprehensive agreement and comprehension between you and us, overriding any preceding or concurrent agreements, correspondences, and proposals, regardless of whether they were verbal or written in nature. This incorporates, but is not limited to, any previous versions of the Terms of Service. 20.3. Any uncertainties arising in the interpretation of these Terms of Service shall not be construed to the detriment of the party responsible for creating the terms.

21. Governing Law

21.1. These Terms and Conditions are governed by Queensland, Australia’s laws.

22. Changes to Terms

22.1. We reserve the right to update these Terms and Conditions. Any changes will be posted on our website. Continued use of the Website indicates your acceptance of modified terms.

23. Contact Us

For inquiries about these Terms and Conditions, please reach out to us at service@ytals.com.au or visit our website Contact us form and message us.
Thank you for taking the time to read through these terms. Your use of our website and purchases from Qual-T signify your agreement to the conditions outlined in this Agreement.

Last Updated: 08-Jun-2024