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Terms & Conditions

3G Alarm System Limitations

Not even the most advanced 3G personal alarm system can guarantee protection against assault, burglary and other emergencies including medical emergencies. All systems are subject to possible compromise or failure to warn or deter for a variety of reasons:

1. Your relationship with Jotika Limited

1.1 Your use of Jotika Limited products (such as Crimpic), software, services and web sites (referred to collectively as the 'Services' in this document) is subject to the terms of a legal agreement between you and Jotika Limited. This document explains how the Agreement is made up and sets out some of the Terms of that Agreement.

1.2 Unless otherwise agreed in writing with Jotika Limited, your Agreement with Jotika Limited will always include, at a minimum, the Terms and Conditions set out in this document. These are referred to as the 'Terms'.

1.3 Your Agreement with Jotika Limited will also include the terms of any Legal Notices applicable to the Services, in addition to the Terms. All of these are referred to below as the 'Additional Terms'. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of the Service.

1.4 The Terms, together with the Additional Terms, form a legally binding Agreement between you and Jotika Limited in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this Legal Agreement is referred to below as the 'Universal Terms'.

1.5 If there is any contradiction between what the Additional Terms say and what the Terms say, then the Additional Terms shall take precedence in relation to the Service.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Universal Terms. You may not use the Services if you do not accept the Universal Terms.

2.2 How you Accept the Universal Terms -

2.3 You may not use the Services and may not accept the Universal Terms if -

2.4 Please print or save a copy of the Universal Terms for your records.

3. Language of the Terms

3.1 Where Jotika Limited has provided you with these Universal Terms in the English Language, these will govern your relationship with Jotika Limited.

3.2 If required, it is your responsibility to obtain a translation of these Terms to your native Language. In all events, the English Language version of the Terms shall take precedence.

4. Provision of the Services by Jotika Limited

4.1 If Jotika Limited is affiliated to legal entities around the world.('Affiliates') These companies will be providing the Services to you on behalf of Jotika Limited itself. You acknowledge and agree that these Affiliates will be entitled to provide the Services to you.

4.2 You acknowledge and agree that the form and nature of the Services which Jotika Limited provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that Jotika Limited may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Jotika Limited’s discretion, without prior notice to you. You may stop using the Services at any time.

4.4 You acknowledge and agree that if Jotika Limited disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4.5 You acknowledge and agree that Jotika Limited will set a limit on the number of SMS transmissions you may send through the Services, dependant on your account showing a positive balance. However all email transmissions will remain on going as there is no charge for them.

4.6 You acknowledge and agree that Jotika Limited may terminate your account if it believes you have, or are abusing the Service in any way. Appropriate action may constitute the suspension or cancellation of your account pending investigation into any alleged abuse or misuse of the service for inappropriate or illegal use.

5. Use of the Services by you

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Jotika Limited will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Universal Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. (including any laws regarding the export of data or software to and from United Sates of America or other relevant countries)

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Jotika Limited, unless you have been specifically allowed to do so in a separate agreement with Jotika Limited. You specifically agree not to access (or attempt to access) any of the Services through any automated means. (including use of script or web crawlers)

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services. (or the servers and networks which are connected to the Services)

5.5 Unless you have been specifically permitted to do so in a separate agreement with Jotika Limited, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that Jotika Limited has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Jotika Limited may suffer) of any such breach.

6. Your passwords and account security

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Jotika Limited for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Jotika Limited immediately by accessing the Service’s or product’s website. In this case www.Crimpic.com.

7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, other sounds or images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the 'Content'.

7.2 You acknowledge that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Jotika Limited (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works base on this Content (either in whole or in part) unless you have been specifically told that you may do so by Jotika Limited or by the owners of that Content, in a separate agreement.

7.3 Jotika Limited reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

7.4 You understand that by using the Services you may be exposed to Content that you may find offensive and in this respect, you use the Services at your own risk.

7.5 You agree that you are solely responsible for (and that Jotika Limited has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Jotika Limited may suffer) by doing so.

8. Proprietary Rights

8.1 You acknowledge and agree that Jotika Limited (or Jotika Limited 's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Jotika Limited and that you shall not disclose such information without Jotika Limited 's prior written consent.

8.2 Unless you have agreed otherwise in writing with Jotika Limited, nothing in the Terms gives you a right to use any of Jotika Limited 's tradenames, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Jotika Limited, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Jotika Limited 's brand feature use guidelines as updated from time to time.

8.4 Other than the limited license set forth in Section 11, Jotika Limited acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these UniversalTerms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Jotika Limited, you agree that you are responsible for protecting and enforcing those rights and that Jotika Limited has no obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

8.6 Unless you have been expressly authorized to do so in writing by Jotika Limited, you agree that in using the Services, you will not use any trademark, service mark, tradename, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9. License from Jotika Limited

9.1 Jotika Limited gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Jotika Limited as part of the Services as provided to you by Jotika Limited (referred to as the 'Software' below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Jotika Limited, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Jotika Limited, in writing.

9.3 Unless Jotika Limited has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Content License from you

10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Jotika Limited a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Jotika Limited to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

10.2 You agree that this license includes a right for Jotika Limited to make such Content available to other companies, organizations or individuals with whom Jotika Limited has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

10.3 You understand that Jotika Limited, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Jotika Limited to take these actions.

10.4 You confirm and warrant to Jotika Limited that you have all the rights, power and authority necessary to grant the above license.

11. Software updates

11.1 The software may automatically download and install updates from time to time from Jotika Limited. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Jotika Limited to deliver these to you) as part of your use of the Services.

12. Ending your relationship with Jotika Limited

12.1 The Terms will continue to apply until terminated by either you or Jotika Limited as set out below.

12.2 If you want to terminate your legal agreement with Jotika Limited, you may do so by closing your accounts for all of the Services which you use, where Jotika Limited has made this option available to you.

12.3 Jotika Limited may at any time, terminate its legal agreement with you if:

12.4 Nothing in this Section shall affect Jotika Limited’s rights regarding provision of Services under Section 4 of the Universal Terms.

12.5 When these Universal Terms come to an end, all of the legal rights, obligations and liabilities that you and Jotika Limited have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Exclusion of Warranties

13.1 Nothing in these terms, including Sections 14 and 15, shall exclude or limit Jotika Limited’s warranty of liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain Warranties or Conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

13.2 You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided 'as is' and 'as available'.

13.3 Jotika Limited, it's subsidiaries and affiliates, and its licensors do not represent of Warrant to you that:

13.4 Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

13.5 No advice or information, whether oral or written, obtained by you from Jotika Limited or through or from the Services shall create any Warranty not expressly stated in the Terms.

13.6 Jotika Limited further expressly disclaims all Warranties and Conditions of any kind, whether express or implied, including, but not limited to the implied Warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

14. Limitation of liability

14.1 Subject to overall provision in paragraph 13.1 above, you expressly understand and agree that Jotika Limited, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

14.2 The limitations on Jotika Limited’s liability to you in paragraph 14.1 above shall apply whether or not Jotika Limited has been advised of or should have been aware of the possibility of any such losses arising.

15. Copyright and trademark policies

15.1 It is Jotika Limited’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

16. Advertisements

16.1 Some of the services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services.

16.2 The manner, mode and extent of advertising by Jotika Limited on the Services are subject to change without specific notice to you.

16.3 In consideration Jotika Limited granting you access to and use of the Services, you agree that Jotika Limited may place such advertising on the Services.

17. Other content

17.1 The Services may include hyperlinks to other web sites or content or resources. Jotika Limited may have no control over any web sites or resources which are provided by companies or persons other than Jotika Limited.

17.2 You acknowledge and agree that Jotika Limited is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

17.3 You acknowledge and agree that Jotika Limited is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

18. Changes to the Terms

18.1 Jotika Limited may make changes to the Universal Terms from time to time. When these changes are made, Jotika Limited will make a new copy of the Universal Terms available to print under the Terms and Conditions section of www.Crimpic.com and any new Additional Terms will be made available to you from within, or through, the affected Services.

18.2 You understand and agree that if you use the Services after the date on which the Universal Terms have changed, Jotika Limited will treat your use as acceptance of the updated Universal Terms.

19. General legal terms

19.1 Sometimes when you use the Services, you may (as a result of, or through you use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Universal Terms do not affect your legal relationship with these other companies or individuals.

19.2 The Universal Terms constitute the whole legal agreement between you and Jotika Limited and govern your use of the Services (but exclude any services which Jotika Limited may provide to you under a separate written agreement), and completely replace any prior agreements between you and Jotika Limited in relation to the Services.

19.3 You agree that Jotika Limited may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

19.4 You agree that if Jotika Limited does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Jotika Limited has the benefit of under any applicable law), this will not be taken to be a formal waiver of Jotika Limited’s rights and that those rights or remedies will still be available to Jotika Limited.

19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Universal Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Universal Terms. The remaining provisions of the Universal Terms will continue to be valid and enforceable.

19.6 The Universal Terms, and your relationship with Jotika Limited under the Terms, shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of laws provisions. You and Jotika Limited agree to submit to the exclusive jurisdiction of the courts located within Hong Kong to resolve any legal matter arising from the Universal Terms. Notwithstanding this, you agree that Jotika Limited shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.