SmartCare™ Locate Terms and Conditions

Effective from 29 June 2026.

1. Introduction and acceptance

SmartCare Locate is a web-based application provided by Chiptech International Limited (NZ) and/or Chiptech Limited (NZ) and/or Chiptech International Limited (UK) as applicable (Chiptech, we, us, and our). These Terms, together with our Terms of Trade, govern your access to and use of the Application. In addition, where you use SmartCare Cloud in connection with the Application, the terms and conditions for SmartCare Cloud will apply to its use by you. Your use of any of Chiptech’s other SmartCare applications are governed by the terms and conditions for those applications.

In these Terms, you and your means the organisation that provides monitoring or response services in relation to Devices and that has been approved by Chiptech to access the Application.

By accessing or using the Application, you confirm that you have read, understood and agree to be bound by these Terms. You warrant that the individual accessing and using the Application on behalf of the organisation has authority to bind the organisation to these Terms.

If you do not agree to these Terms, you must not access or use the Application.

2. Changes to these Terms

Chiptech may amend these Terms from time to time.

If a change is material (for example, it reduces your rights, increases your obligations, materially changes data handling, or introduces new material restrictions), Chiptech will take reasonable steps to provide you with at least ten working days’ notice before the change takes effect, by updating the Terms in the Application and or via a notification method Chiptech reasonably determines.

Your continued use of the Application after the updated Terms take effect is deemed acceptance of the updated Terms.

If you do not accept a material change, your remedy is to stop using the Application and terminate your Accounts in accordance with clause 15.4.

3. Definitions

In these Terms, unless the context requires otherwise:

Account means an account created for an authorised person within your organisation to access the Application.

Account Owner means an Authorised User who you nominate as the primary contact for your Accounts.

Application means the web-based application SmartCare Locate, which plots Location Information from Devices on a map so a device user can be located, including all modifications, updates, upgrades and enhancements to it and the services provided by Chiptech in connection with it.

Authorised User means a person within your organisation who you authorise to access and use the Application using an Account.

Device means any Chiptech product that is capable of providing location and event information to the Application, including GO personal emergency response systems, mPERS products, and lone worker products.

GPS means Global Positioning System, a satellite-based system that enables the determination of a device’s geographic location.

Intellectual Property Right means any patent, trade mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world, and whether or not registered.

Location Information means information generated by a Device managed by you and transmitted to the Application’s database, which may include GPS coordinates and associated event and device telemetry.

Personal Data includes any information that is personal information or personal data under applicable privacy and data protection laws and that is processed in connection with the Application.

SmartCare Cloud is the device management platform for Chiptech data reporting products. SmartCare Cloud enables our customers to remotely effectively manage their Devices, including viewing logs files and scheduling updates.

Terms means these Terms and Conditions and any updated version of them.

Terms of Trade means our terms of trade available on our website, or if you have signed a supply agreement with us, then that supply agreement.

In these Terms, the meaning of general words is not limited by specific examples introduced by including, for example, or similar expressions.

4. Purpose and permitted use

4.1 Purpose

The Application is provided to support your delivery of monitoring and response services to the person associated with a Device (i.e. the end user).

4.2 Permitted use

You may use the Application (including any data exported from the Application) only for lawful purposes connected with monitoring, response, welfare and safety services, and only in accordance with these Terms, any user manual and all applicable laws governing the use of the Application, and otherwise as authorised or directed by Chiptech from time to time. The Application must not be used or accessed outside of your organisation. You must not sublicence access to the Application or permit any unauthorised individual in your organisation or a third party to use your Accounts.

4.3 Two location scenarios covered by these Terms

The Application may display Location Information in both of the following circumstances:

User initiated or automated device event based location: where a Device sends an event and or location in connection with an alarm activation, automated fall detection event, check in, duress event, welfare workflow, lost report, or other designed device event.
Geofence based location alerts: where a Device triggers an alert or transmits its location because it has left a defined location or boundary that you or your Authorised Users have configured within SmartCare Cloud, in accordance with the Application’s functionality and the Device’s capabilities.

4.4 General Restrictions

When accessing and using the Application you must not:

violate, circumvent or disable the security features of the Application, or interfere, damage or harm, or attempt to interfere, damage or harm the Application, or any system connected to the Application;
use any automated system, including robots, spiders, or offline readers to access, acquire, copy or otherwise monitor the Application;
use the Application for any unlawful purpose or otherwise than in the manner in which the Application is designed to be used or use the Application if you have no legitimate reason to do so.

4.5 No unauthorised surveillance

You must not use the Application for covert surveillance or continuous tracking of the Device or the end user of the Device that is not permitted by law, not consistent with your stated service purpose, or not appropriately disclosed to the end user or their lawful representative.

4.6 High risk contexts and safeguarding requirements

You acknowledge that location data can create heightened risk in certain contexts, including where an end user is vulnerable, has dementia, is subject to coercive control, or where location patterns could expose high risk routines or places (for example work or schools or other predictable locations).

However, regardless of whether or not a high risk context exists, you must:

ensure that only Authorised Users and other personnel with a legitimate need can view Location Information;
ensure geofence configurations are lawful, proportionate and purpose limited, and are used only to manage safety and welfare outcomes;
ensure you have documented your lawful basis for processing and that you have provided required notices and obtained consents or authorisations where required (including for use by carers, guardians, or lawful representatives);
take reasonable steps to minimise foreseeable harm arising from Location Information being accessed or misused, including by maintaining strict access management, conducting periodic access reviews, and using audit logs;
promptly remove access for staff who no longer require it; and
respond to and address any suspected misuse of Location Information.

5. Service limitations and dependencies

5.1 Third party services

The Application relies on third party infrastructure and services, including Microsoft Azure, Internet connectivity, communication providers, Azure AD B2C for access, and mapping services.

Chiptech does not control third party infrastructure and service availability or restoration timelines. Where an outage or degradation is caused by third party infrastructure or a third party service, Chiptech’s service level targets apply only to the extent Chiptech can reasonably remediate the issue without reliance on the third party infrastructure or service being restored.

5.2 Network and coverage limitations

In order to transmit Location Information, a Device must be able to access GPS and a compatible cellular network. Devices may not function outside network coverage, on unsupported networks, or outside the country or configuration for which they are set up.

5.3 GPS and cellular constraints

The availability and accuracy of Location Information is subject to GPS and cellular constraints, including interference and transmission failure or if transmission is being blocked.

6. Licence and intellectual property

6.1 Licence grant

Chiptech grants you a non-exclusive, non-transferable, limited licence to access and use the Application for the permitted purposes described in clause 4.

6.2 Ownership

The Application, its content, features and functionality (including all Intellectual Property Rights in them) are either owned by us or the third parties we license such material from, and remain the property of Chiptech and such third parties. No right, title or interest in the Application or any content, features or functionality on the Application is transferred to you. Any use of the Application not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws. You acknowledge that SmartCare has been registered as a trademark in certain countries, such as New Zealand and Australia.

You agree that Chiptech may use, reproduce, license, publish, or otherwise distribute and exploit as it sees fit (including for product improvement purposes) any comments, suggestions or other feedback you provide to us regarding the Application (Feedback). Feedback constitutes Chiptech’s confidential information for the purposes of the Terms of Trade. You grant Chiptech a perpetual, irrevocable, transferable, worldwide, and royalty-free licence to do these things and agree that nothing Chiptech does with any Feedback requires it to pay any compensation to you.

6.3 Restrictions

You must not copy, reproduce, alter, adapt, reverse engineer, decompile, disassemble, modify, make error corrections for, create derivative works of, or attempt to obtain the source code of the Application, except to the extent expressly permitted by a law that may not be contracted out of (and the parties contract out of any such laws where that is permitted) and only with Chiptech’s prior written consent where required by law. You must not study the Application for the purpose of developing any software that is intended to replicate the functions of the Application.

7. Accounts, authorised users and minimum system requirements

7.1 Account requirement

Access to the Application requires an Account Owner and individual accounts for each Authorised User. Shared Accounts are not permitted. The Account Owner will act as the primary contact for Account administration requests you make to Chiptech. Chiptech is not required to act on requests from other Authorised Users.

7.2 Customer responsibility

You must ensure that all Authorised Users comply with these Terms. You are responsible for all activity occurring under your Accounts.

7.3 Access management

You must ensure Accounts are issued only to Authorised Users, the level of access an Authorised User has is appropriate to duties, and access is promptly removed for Authorised Users that leave the organisation or change roles.

7.4 Minimum system requirements

You may access the Application only using computers and devices owned or controlled by your organisation. To use the Application effectively, you must have:

a reliable Internet connection
a current, supported operating system with up to date security patches applied
a compatible, up to date web browser, as set out in clause 7.5
network and security settings on your systems that allow the Application to function, including settings that permit access to the required Chiptech and third party service IP addresses and domains (as advised by Chiptech), and the ability to receive multi factor authentication prompts where applicable.

7.5 Compatible browsers

The Application must be accessed using a current supported version of a modern browser. Unless Chiptech specifies otherwise, compatible browsers include:

Microsoft Edge
Google Chrome
Mozilla Firefox
Apple Safari.

Chiptech may update the list of supported browsers from time to time, including to address security vulnerabilities or third-party platform changes. To check which browser types and the particular versions that are compatible please contact us.

7.6 Unsupported environments

Chiptech is under no obligation to provide support where issues are caused by:

unsupported or outdated browsers or operating systems;
customer network restrictions, proxies, firewalls, or security tools;
use of shared, public, or unmanaged computers; or
malware, compromised endpoints, or other customer technology environment issues.

7.7 Security notifications

You must promptly notify Chiptech of:

any unauthorised access or use of your Accounts;
any breach of your security or any other security incident that could affect the Application, your use of the Application, or associated SmartCare applications, or Chiptech products; and
any suspected misuse of Location Information by your personnel.

7.8 Suspension or disablement

Chiptech may suspend or disable Accounts where it reasonably considers this necessary to protect the Application (including maintaining system integrity), your data, other customers, Chiptech’s systems, respond to or address any security concerns, where you breach these Terms, or where required by law.

8. Security measures and controls

8.1 Chiptech measures

Chiptech maintains security controls designed to protect the confidentiality, integrity and availability of the Application and its supporting infrastructure. Please contact us if you would like further information on our security controls.

8.2 Your responsibilities

You are responsible for securing your own systems, networks and endpoints used to access the Application and for ensuring your personnel handle Location Information securely and lawfully. At a minimum, you must have and enforce appropriate security and access controls on your systems and equipment connecting to the Application, including as to password practices, authentication setup and access management. These controls must align with good industry practice.

9. Data types processed and stored

The Application may store and process:

organisation name;
device identifiers such as serial numbers and potentially IMEI, ICCID or phone number where relevant to device function;
user account information, including email address and first and last name;
application settings and logs, including user management activity and acceptance of these Terms;
event data sent from Devices, including event type and GPS coordinates and associated telemetry such as signal strength and battery voltage.

End user identifiable information may not be stored by the Application as a direct identifier. However, Location Information and device identifiers may be capable of identifying or locating an individual in practice.

10. Privacy, data protection and the Data Processing Agreement

10.1 Compliance

Each party will comply with applicable privacy and data protection laws, including where relevant the New Zealand Privacy Act 2020, the Australian Privacy Act 1988, UK GDPR, EU GDPR. For this purpose, EU GDPR means the General Data Protection Regulation (EU) 2016/679, and UK GDPR means EU GDPR as applied under the UK’s Data Protection Act 2018.

10.2 Roles

Personal Data that we collect in relation to individuals of your organisation is subject to our privacy policy. You must ensure that those individuals are aware of our privacy policy applying to the collection and use of that personal information. Our privacy policy is available at: https://www.chiptech.co.nz/privacy-policy/

Location Information and related data from Devices is collected by Chiptech from the Device holders in accordance with our privacy policy. In accordance with our privacy policy, it is made available to you within the Application. As between you and Chiptech, you are responsible for determining the purposes and means of processing Location Information (once made available to you) for your monitoring and response services. Chiptech only processes Location Information and related data to provide the Application, and such processing, is not, as between you and Chiptech, subject to our privacy policy.

10.3 Data Breaches

Where Chiptech processes Personal Data on your behalf, the parties’ data protection obligations, including responsibilities for incident management and reporting breaches are set out in Chiptech’s Data Breach Plan, available on the customer web portal.

If there is any conflict between these Terms and the Data Breach Plan regarding Personal Data processing, the Data Breach Plan prevails to the extent of the conflict.

10.4 Customer notices, authority and lawful processing

You must ensure that all Device holders are aware that you collect their Location Information, receive alerts, and use the Application to do these things. You warrant that you have provided all required notices and obtained all required consents or authorisations to enable Location Information to be collected, transmitted, accessed and used for the purposes described in these Terms, including where applicable from guardians or lawful representatives.

Chiptech remains responsible for ensuring that Device holders are aware of the collection of Location Information and related data that is from Devices and which is used in accordance with our privacy policy.

10.5 International transfers

You acknowledge that the Application is hosted in cloud environments and may involve cross border data storage, backup, or access. Cross border processing and transfer safeguards are addressed in the Security Overview, available in the customer Web Portal.

11. Data retention and backups

11.1 Retention

Unless otherwise agreed in writing, and in addition to and notwithstanding the data retention provisions of the Security Overview (available in the customer Web Portal), Chiptech will retain:

Location Information for 12 months from the date of creation; and
account, configuration and audit log data in relation to your Account for 90 days from the date of creation.

11.2 Backups

Chiptech uses cloud backup and redundancy mechanisms to support service continuity and recovery. Unless otherwise agreed in writing, backup data is retained on a rolling basis for 12 months.

Data may continue to exist in backups until backup rotation occurs.

11.3 Customer responsibility for retrieval

You are responsible for retrieving, exporting, or recording any information you require from the Application during the term of use. Chiptech does not guarantee that data will remain accessible after the end of the retention periods or termination of your use of the Application.

12. Support, maintenance, availability and SLA targets

12.1 Availability

Chiptech will use reasonable endeavours to make the Application available 24 hours a day, seven days a week. However, you acknowledge that the Application may be unavailable on occasion to permit maintenance or other development activity to take place.

12.2 Scheduled maintenance

Chiptech will endeavour to provide reasonable notice in advance of scheduled maintenance, where practicable.

12.3 Support arrangements and target service levels

Service levels, support channels, hours of coverage and escalation processes are as agreed in your supply agreement and/or service schedule, and may vary by region.

However, if no service levels have been agreed in writing, Chiptech will use reasonable endeavours to meet the following business hours targets for the Application. These are targets, not guarantees:

Severity 1 (Critical)
Application unavailable to all or most users across all of Chiptech’s customers, or a critical function materially failing with significant operational impact across all of Chiptech’s customers, or a confirmed security incident impacting the Application.
Target response: within 1 business hour
Target workaround or service restoration: within 4 business hours where practicable
Target resolution: within 2 to 5 business days where practicable

Severity 2 (High)
Major degradation or key function impaired for a subset of users, limited workaround, material impact on operations.
Target response: within 4 business hours
Target workaround: within 1 business day where practicable
Target resolution: within 5 to 10 business days where practicable

Severity 3 (Medium)
Defect affecting non-core functionality or limited users, workaround available.
Target response: within 1 business day
Target resolution: within 10 to 20 business days or next scheduled release where practicable

Severity 4 (Low)
Minor defects, cosmetic issues, user guidance, enhancement requests, and any other incident not covered by another severity classification.
Target response: within 2 business days
Target resolution: best endeavours, prioritised with roadmap planning.

Chiptech may classify severity acting reasonably, taking into account user impact, operational impact, security implications and availability of workarounds.

Please note: Severity classification and target resolution timeframes assume third party infrastructure and services are operating normally.

13. Disclaimers

The Application is provided on an “as available” basis.

Chiptech does not warrant that the Application will always be available or that access will be uninterrupted or error free. To the maximum extent permitted by law, we exclude all warranties that may be implied into these Terms by statute or otherwise.

Chiptech is not responsible for unavailability caused by Internet failures, third party infrastructure or service failures, GPS limitations, cellular limitations, or device constraints, including interference and coverage limits.

14. Limitation of liability

To the maximum extent permitted by law, Chiptech, its officers, employees, contractors, agents, or suppliers will not be liable for indirect or consequential loss or damage (including loss or damage that arises as a secondary effect to any direct loss or damage), or any exemplary, incidental, special or punitive damages, or any loss of profits, loss of revenue, loss of savings, loss of business opportunity, or other economic loss or for any loss of data or business interruption, arising under or in connection with these Terms.

To the maximum extent permitted by law, Chiptech’s total aggregate liability under or in connection with these Terms is limited to the total fees paid by you in accordance with the Terms of Trade for access to the Application in the 12 months preceding the event giving rise to the claim. If no fees are paid by you, then, to the maximum extent permitted by law, any liability we have to you that is not able to be excluded shall be limited to NZ$1 in total.

These exclusions and limitations apply regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Any other limitations or exclusions set out in the Terms of Trade will apply to Chiptech’s liability under or in connection with these Terms.

Nothing in these Terms limits or excludes liability to the extent it cannot be excluded under applicable law, including liability for fraud or fraudulent misrepresentation and, where applicable, death or personal injury caused by negligence.

15. Suspension and termination

15.1 Suspension

Chiptech may suspend your access to the Application if you are in default of these Terms (Default) or if suspension is reasonably necessary to protect the Application or data. Access may be suspended in respect of an Authorised User or all Authorised Users.

15.2 Notice to remedy

If Chiptech gives written notice of a Default, you must remedy the Default within ten working days of the notice.

15.3 Termination for Default

If you fail to remedy a Default within ten working days after notice, Chiptech may terminate your access to the Application and all Accounts immediately by written notice.

15.4 Termination for convenience

You may terminate your Accounts by giving one month written notice.

Chiptech may terminate your access to the Application and all Accounts on six months written notice if it decides to cease providing the Application to its customers generally.

15.5 Effect of termination

On termination you must immediately cease using the Application.

Chiptech may, at its discretion, provide reasonable transition assistance at agreed rates.

16. Confidentiality

For the purposes of the Terms of Trade, each party may use the other party’s Confidential Information (as defined in the Terms of Trade) relevant to these Terms to perform obligations or exercise rights under these Terms.

17. Indemnity

You indemnify Chiptech against all claims made against it by a third party, and all losses, damages, costs and expenses incurred or suffered by Chiptech that arise from:

your breach of these Terms;
misuse of the Application by your personnel; and
your failure to comply with applicable laws in relation to your use of the Application and the Location Information and end user notices and consents or authorisations.

18. General

Entire agreement: These Terms and our Terms of Trade form the agreement for use of the Application. If there is any conflict between these Terms and our Terms of Trade, these Terms prevail.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without Chiptech’s prior written consent.

Force majeure: Neither party is liable for a failure to perform its obligation due to events beyond its reasonable control, including without limitation, act of God, strike, lockout, work stoppage or other labour hindrance, confiscation or expropriation, embargo, blockade, insurrections, public mains electrical supply failure, software failure, supply chain failure, fire, flood, storm, explosion, nuclear accident, sabotage, revolution, riot, act of war whether declared or not, warlike operations, requirement or restriction of governmental authorities, order of the court, earthquake, slide, epidemic, and quarantine restriction.

Severability: If any provision of these Terms becomes invalid or unenforceable that provision shall be replaced with a provision that is valid and enforceable that has as near as possible the same commercial effect as the invalid or unenforceable provision, provided that if no valid and enforceable provision could replace it then the invalid or unenforceable provision will be severed from the remaining Terms and the remaining Terms will continue in full force and effect.

Waiver: Failure by a party to enforce at any time any one or more of the terms or conditions of these Terms is not a waiver of that party’s right to subsequently enforce at any time any one or more of the terms or conditions of these Terms.

Governing law: New Zealand law applies to these Terms and the courts of New Zealand have non-exclusive jurisdiction to resolve any disputes in connection with these Terms and your use of the Application. You submit to the jurisdiction of the courts of New Zealand.