The AbiButton 3-month free trial campaign will entitle any new customers to use the AbiButton service for free over a 3 month period from date of purchase. The campaign promotional period may be extended by the promoter if desired.
1.1 The Agreement shall commence on the date of purchase (Commencement Date) and terminate on the Termination Date (Term) unless cancelled within the 3-month free trial period.
1.2 The Agreement shall commence when the Customer accepts these Terms and Conditions, provides AbiBird with all information necessary to provide the Service, provides AbiBird with details of a valid credit card and authorises AbiBird to charge the fee to the credit card 3-month’s after the Date of Order.
1.3 As soon as reasonably possible after the Commencement Date, AbiBird shall send the relevant parts of the Service to the Customer by registered post. Delivery is deemed to have occurred five business days after the date of postage (Date of Delivery).
2. Cancellation of 3-month free trial
2.1 At any time within the 3-month free trial period, the customer may notify Abibird of their intention to return the AbiButton/s and cancel the Subscription by logging in to their account on the website and cancelling the subscrition, by phoning 1300 13 21 21 or via email to firstname.lastname@example.org
2.2 The AbiButton/s must be returned within 7 days of notification by mail to: Reply-Paid 89414, AbiBird Pty Ltd, PO Box 7046, Seven Hills NSW 2147. The AbiButton/s are deemed to have been returned when received by AbiBird. In the event that the Customer does not return the AbiButton to AbiBird within 7 days of the Termination Date, AbiBird may activate the Service and charge the Customer’s credit card for the purchase price and subscription fee for each subsequent Monthly period until the AbiButton is received.
3.1 The customer must provide credit card details at the checkout. No monies will be charged at the checkout.
3.2 At the end of the 3-month free trial period, the Customer authorises AbiBird to charge the purchase price and first month subscription fee to the Customer’s credit card or company account. The Customer authorises AbiBird to charge the subscription fee at the start of each subsequent Monthly Period. The Date of Delivery is considered the start of the monthly period.
4. Termination of Subscription
4.1 The Customer may at any time during the Term elect to terminate the Agreement by:
(a) logging in to their account at www.abibird.com.au and cancelling their subscription
(b) contacting AbiBird by telephone and confirming its intention to terminate, which shall be immediately confirmed in writing by AbiBird (the date of confirmation by AbiBird shall be the Termination Date);
(c) emailing AbiBird at email@example.com, in which case the Termination Date shall be the date on which the email is successfully sent and received; or
(d) letter to AbiBird, in which case the Termination Date shall be the date the letter is marked as received by AbiBird. AbiBird shall not be held accountable in the event of a Termination letter not being received due to either the customer’s incorrect labelling of AbiBird’s postal address or the loss of the Termination letter due to forces outside of AbiBird’s control.
4.2 AbiBird shall cease charging the Customer the Fee from the Termination Date.
4.3 AbiBird may immediately terminate the Agreement for its convenience at any time upon notice to the Customer. The Customer shall not be charged for the relevant Monthly Period.
5. Installation and Activation
5.1 The Customer shall be solely responsible for installation of the AbiButton/s and shall install the AbiButton/s in accordance with the Quick Start Guide. AbiBird is not responsible for any incorrect or improper installation.
5.2 The Customer shall connect the AbiButton/s to the Smart Device App using an acceptable device with the Smart Device App properly downloaded and installed and shall activate the AbiButton/s in accordance with the Quick Start Guide.
5.3 As soon as reasonably possible after Delivery of the AbiButton/s, the Customer shall inspect the AbiButton/s and shall satisfy itself that:
(a) it has received the AbiButton/s in good condition in the quantity ordered;
(b) it, and any person installing and activating the AbiButton/s and the Smart Device App, has read the Quick Start Guide and fully understands its proper use and the means of installation and removal; and
(c) the Service is in working order.
5.4 If the Customer is not satisfied with the matters in clause 5.3 and provided that it has otherwise complied with this clause 5, it shall contact AbiBird. AbiBird shall use its best endeavours to resolve any issues with the Service. The means by which AbiBird resolves any issues with the Service (including conducting any repairs or arranging a replacement AbiButton/s) shall be within its discretion.
6. Use of the Service
6.1 The Customer shall ensure that the Service is used strictly in accordance with Quick Start Guide and any procedures recommended by AbiBird from time to time.
6.2 The Customer shall at all times keep the AbiButton/s in good condition and shall not, without AbiBird’s prior written consent, alter or make additions to the AbiButton/s, or deface, remove, or conceal any AbiBird logo, identifying mark, number, or indication of AbiBird’s ownership of the AbiButton/s.
6.3 The Customer shall at all times ensure that the AbiButton/s are used in a safe manner, and shall not deliberately damage, abuse or mistreat the AbiButton or allow the AbiButton to be deliberately damaged, abused, or mistreated.
6.4 If any damage, loss, theft, or destruction of the AbiButton/s occurs, whether the Customer was responsible or not, the Customer shall immediately notify AbiBird and provide full details of the damage, loss, theft, or destruction.
6.5 The Customer shall not use the Service for any illegal purposes.
7. Provision of Services
7.1 AbiBird may use the data collected from the AbiButton/s and under the Agreement for limited purposes, being:
(a) for marketing and product knowledge;
(b) product development;
(c) provision of the Services; and/or
(d) if the data is subject to a warrant or court order and is sought by a law enforcement agency.
7.2 AbiBird agrees to use any data collected under the Agreement in accordance with the Privacy Requirements.
7.3 AbiBird provides complimentary customer support in relation to the Service. The Customer is entitled to contact AbiBird through the AbiBird web portal, by phone, or by email to access the customer support.
8. Warranties and guarantees
8.1 The Customer acknowledges that:
(b) it has not entered into the Agreement on the basis of any representations made by AbiBird outside those recorded in the Product Disclosure Statement (if any) as to the suitability or effectiveness of the Services;
(c) the AbiButton may collect location data or other data which is remitted to and held by AbiBird and that any data collected from the Service is not sensitive in nature;
(d) the Service is not designed to be a primary means of monitoring the well-being of the Resident by the Customer or any other party
(A) is the Resident’s Attorney under the relevant Power of Attorney legislation;
(B) has obtained consent by way of an order of a court of relevant jurisdiction; or
(C) has reasons to reasonably believe the Resident consents; and
(f) AbiBird may store information and data collected under the Agreement to a third-party company overseas for the purposes of providing the Service and the Customer.
8.2 AbiBird acknowledges that the Customer may be a consumer for the purposes of applicable consumer law and that:
(a) certain warranties or conditions may be implied into the Agreement; and
(b) certain guarantees may be conferred on the Customer and certain rights and remedies may be conferred on the Customer, which cannot be excluded, restricted or modified. If so, then to the maximum extent permitted by law, AbiBird’s liability to the Customer is limited at AbiBird’s option to:
(1) replacement or repair of the Services; or
(2) payment of the cost of replacing or repairing the Services.
9. Changes to Terms and Conditions
AbiBird may amend these Terms and Conditions at any time by publishing the amendments on its website www.abibird.com.au, updating the amendments on the Smart Device App, or by otherwise notifying the Customer in writing.
Notwithstanding anything in this Agreement, clauses 4, 5, 10, 11 and 13 survive termination of the Agreement whether under this Agreement, any statute, or in equity, repudiation or otherwise by law.
In these Terms and Conditions:
AbiBird means ATF Services Pty Ltd ABN 54 060 402 048 trading as AbiBird and includes any employees, agents, consultants or contractors of ATF Services Pty Ltd and AbiBird;
AbiButton means the AbiBird product as described in the AbiButton Quick Start Guide supplied by AbiBird as part of the Service and where applicable includes any additional AbiButton/s;
Additional AbiButton means any AbiButton in addition to the first AbiButton and forms part of the Service;
Business Hours are the hours stated on the AbiBird website as varied from time to time;
Commencement Date means the date of purchase determined in accordance with clause 1.1;
Customer means the person, company or other legal entity being the recipient of the Service from AbiBird in accordance with the Agreement and includes any employees, agents, consultants or contractors of the Customer;
Fee means the amount payable by the Customer to AbiBird each Monthly Period for the Term and includes any amounts payable for an additional AbiButton or AbiSensor and includes any additions or deductions to the Fee upon reasonable written notification by AbiBird to the Customer;
Monthly Period means each monthly period commencing on the Date of Delivery in which the Fee is charged by AbiBird and to be paid by the Customer on an ongoing basis;
Other Products means any AbiBird products or services other than the AbiButton and Smart Device App as may be offered by AbiBird from time to time;
Product Disclosure Statement means the AbiBird document which provides disclosures about the Service and includes any revisions of that document issued by AbiBird or on AbiBird’s website from time to time;
Quick Start Guide means the guide provided by AbiBird to the Customer for the use of the Service and includes any revisions to that document issued by AbiBird or published on AbiBird’s website from time to time.
Resident means the person who resides in the place where the AbiButton is located;
Service means the service provided by AbiBird in accordance with the Agreement and includes the Smart Device App, AbiButton, any additional AbiButtons, and any Other Products as varied added or from time to time;
Smart Device App means the application provided by AbiBird as part of the Service;
Term has the meaning given to it in clause 1.1;
Termination Date means the date on which the Service is terminated.