1.1. TELUS LivingWell Companion Service is a personal safety alert system (the "Alert Service"). The TELUS LivingWell Companion device (the "LW Device") is designed to connect with a 24/7 central monitoring station for assistance. If equipped with fall detection TELUS Communications inc. and/or GPS, the LW Device is designed to automatically connect and provide the user’s location to the central monitoring station if a fall is detected or the alert is otherwise triggered. Depending on the LW Device selected, the Customer is responsible for providing telephone access to enable certain LW Devices to connect through a home phone connection. LW Devices that are equipped with GPS and designed to be mobile, require access to TELUS wireless coverage networks in Canada to function.
1.2. If the central monitoring station receives an alarm:
1.2.1. TELUS will attempt to confirm the emergency through two-way voice on the LW Device or by calling the Customer’s home. If an emergency is confirmed, or if the Customer cannot be reached, the monitoring station will call the emergency contact(s) provided by the Customer. If the Customer-provided emergency contacts do not resolve the emergency, the monitoring station will contact 911, unless otherwise instructed by the Customer or emergency contact(s). In accordance with current legislation, TELUS may have to conduct checks before contacting 911, which may result in longer response times. 911 service is offered by a third party and not by TELUS.
1.2.2. The Customer must ensure that the information in his or her file is up-to-date, including the contact information of the person(s) to reach in case of an emergency. The Customer authorizes TELUS to act on the instructions of any authorized person on file (emergency contact), including instructions to cancel an alarm or refusal to have emergency services dispatched. Not providing accurate and up-to-date information could result in delays in dispatch of emergency services, or calling individuals the user does not wish to act on its behalf.
1.2.3. The Customer consents to its confidential and personal information being disclosed to a third party for the purposes of monitoring, contacting the emergency contact(s) and dispatching emergency services.
1.2.4. For LW Devices equipped with fall detection, while the fall detection system performs well, no such system is 100% reliable. If the Customer experiences a fall that causes actual or potential injury, the Customer shall not wait for the automatic call. The Customer should always press the call button manually in an emergency if able.
1.2.5. For LW Devices equipped with GPS capability, TELUS does not guarantee that the Customer can or will be located using the Alert Service. LW Devices that cannot connect to the TELUS wireless network (for example, because they are outside of network coverage areas, or are blocked by buildings, or other cellular “dead zones”) will not be able to connect to the central monitoring station. As with all location- based services, it may not always be possible to determine Customer’s location. Multi- level buildings, parking garages, and/or dense urban areas can make it difficult for satellites and cell phone towers to locate the Customer’s exact location.
1.3.1. The Customer is responsible for charging and replacing LW Device batteries whenever they are low or discharged, or when the LW Device so indicates.
1.3.2. The Customer must regularly test the Alert Service in the manner and at the frequency indicated in the documentation or as recommended by TELUS. If the LW Device fails to connect to the monitoring station or does not otherwise function, the Customer must promptly correct the cause of the error or inform TELUS. The self-testing programs of personal safety alert systems are not designed to identify or correctly diagnose all possible device malfunctions.
1.3.3. LW Device pendant and base station is loaned to the Customer for the duration of the Alert Service, and is the property of TELUS and must be returned to TELUS at the time of termination.
1.3.4. The Customer may order add-on accessories at any time, in accordance with the General Terms and Conditions for TELUS Products and Services. The pricing of add-on accessories will be confirmed when ordered.
1.4. Use and Privacy
1.4.1. If the Customer subscribes to Alert Service that includes location tracking captured by the LW Device, the location data may be stored on the servers of TELUS or its suppliers, and retrieved by the monitoring station for the purposes of notifying emergency contacts of Customer’s location or dispatching 911 services to the detected location.
1.4.2. Location data is kept and transmitted based on the capacity of the LW Device and the settings configured by the LW Device manufacturer. The frequency of transmission of location data is limited by the LW Device battery and other constraints set by the manufacturer.
1.4.3. The Customer may only use the Alert Service for personal purposes, and in compliance with the applicable laws and regulations.
1.4.4. The Customer shall make easily available relevant health information and medical instructions in a visible place in their home for emergency services. It is the Customer’s responsibility to record and share this information with emergency personnel, and to arrange for an emergency contact to share the information if Customer is unable to share it himself/herself.
1.4.5. The Customer shall be liable for false alarms and charges that any government authority or third party (including any emergency responder or security firm) may charge as a result thereof. The Customer shall be liable for any damage resulting from forced entry into the home or building if the Customer is not present or cannot be reached (the Customer or his/her emergency contact(s) during an alert.
1.4.6. The Customer acknowledges that certain LW Devices and monitoring services may not be functional if there is a power failure or breakdown in telecommunications networks or services. Despite normal use, equipment malfunctions may occur and various factors may influence the operation of the Alert Service, such as electrical interference, weather conditions and other factors beyond TELUS’ control.
1.4.7. The Customer acknowledges that TELUS is not an insurer and that the Alert Service is limited in scope.
1.5. Payment, Charges and Account
1.5.1. All bills are due upon receipt. Bills made available through the internet are received when they are posted. Late payment charges of 3% compounded monthly (42.58% per annum) will be applied if payment is not received by the date shown the account statement except in the respect of non-forborne services and customers in Quebec which will be subject to a 2% Late Payment charge compounded monthly (26.82% per annum). Administrative and collection charges may apply, in accordance with TELUS rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform TELUS of any change to your account information for pre-authorized payments. A $25 administration fee plus applicable taxes will be charged to your account for each cheque or pre-authorized payment that is refused by your financial institution for insufficient funds. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. TELUS may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days are you receive the demand for payment.