Terms and Conditions – SmartResQ ApS / CorPatch®

Purpose of this document

Welcome to SmartResQ/CorPatch®!

You are currently reading our Terms and Conditions; a document with information about your relationship with SmartResQ ApS, which started when you entered our website, downloaded our free app(s), bought one of our products or the like.

SmartResQ/CorPatch® and our associates provide our products and services to you subject to the following conditions. If you visit or shop within our website(s) or app(s), you accept these conditions. We strongly advise you to read them carefully before you proceed any use of our products or services.

This document covers:

• How to contact SmartResQ
• Products, properties, and proper use
• Disclaimers and warranties
• Ordering
• Payment
• Delivery
• Responsibilities and rights relating to the sale
• Returns
• Data processing of personal data
• Complaints
• Changes to this document
• Law and jurisdiction
• Contact information

If you have any questions in relation to SmartResQ Terms and Conditions, please contact us.

How to contact SmartResQ

At SmartResQ we aim to increase survival through quality CPR in case of cardiac arrest. We want to prepare and guide bystanders to take action from the first crucial minutes after they witness a cardiac arrest. Therefore, we have developed CorPatch® – We help you save a life.

Our company is located at Lundevej 26, 5700 Svendborg, Denmark

You can find us in the Central Business Register under VAT No. DK 38674102

You can call us on telephone number +45 62 200 100

or

e-mail us at info@corpatch.com.

Any questions, comments, or complaints?

We appreciate your opinion so please contact us through the above-mentioned contact information or use the contact formular on our website(s) or app(s).

Disclaimers and warranties

Product information – CorPatch® and CorPatch® Trainer

For correct use of any SmartResQ/CorPatch® product or service you must always follow the latest user guides, instructions, and descriptions. These can be found on our website and under each product description.

The product CorPatch® is certified as a medical device. In case of an emergency with an adult person suffering from cardiac arrest, the product must be taken out of its enclosure, placed, and attached correctly on the chest of the victim. The product can collect data on compression, depth, frequency, and recoil and might transmit this via Bluetooth® to potential devices. Free apps on devices may guide the bystander to exercise CPR and show flow fraction, depth, recoil, and frequency if activated and correctly installed i.e., Bluetooth®, smartphone, app, battery power, etc. SmartResQ/CorPatch® is not responsible for external factors, e.g., interfering communication signals, lack of data coverage, lack of battery, incorrect hardware, or software settings, that may affect the user experience or the like.

Similarly, SmartResQ/CorPatch® is not responsible for any physical harm caused during the use of the product in case it is not applied or used according to the instructions, e.g., performing chest compressions in a non-ergonomic way or having an unsuitable hand position. SmartResQ/CorPatch® has assessed technical risks as part of the legally prescribed risk management for medical devices, but no guarantee is given for errors going beyond this. In the event of unexpected malfunctions or occurring of non-plausible behaviour of a SmartResQ/CorPatch® system, the user is required to perform CPR manually. In this case, SmartResQ/CorPatch® is not liable as it is out of the control of SmartResQ/CorPatch®.
SmartResQ/CorPatch® monitors battery levels and state-of-health, but if the battery runs out of power, the product will not work. It is solely the responsibility of the user to ensure that the device is up to date, not harmed and has battery enough to work correctly, which can be done easily by executing a training that validates correct functionality. We recommend training for 4 minutes every 3 months with your CorPatch®.

Important! The product CorPatch® must exclusively be used on a person in a real-life situation and only if a person suffers from cardiac arrest. It is not intended to be used on persons suffering from e.g., stroke, heart attack, or other health-related illnesses that are not cardiac arrest. The CorPatch® is not intended for use if the person is lying on a soft surface e.g., a couch or bed, as the depth feedback during such conditions might be inaccurate. No SmartResQ/CorPatch® solutions are intended for use in a moving environment including but not limited to an air, sea, or road ambulance. If used during patient transport or lifted/removed from the body during CPR, the device may provide inaccurate feedback. The CorPatch® must be attached to the chest of the patient with the patch. Make sure that the patient is lying on a firm, plane and not moving surface and that the CorPatch® is attached to the chest with the patch.

The product CorPatch® Trainer must exclusively be used on manikins or similar objects in training sessions and never in a real-life situation on a real person suffering from cardiac arrest or any other health-related illness.

It is possible to train your CPR-performance in relation to chest compressions using CorPatch® or CorPatch® Trainer regularly. We recommend that you train on a manikin, but if you do not have access to a manikin, an office chair with sufficient recoil or a hard couch can be used as a replacement. Consider the elasticity and hardness of the object you train with. SmartResQ does not recommend using soft objects including but not limited to pillows or soft couches when training, as user experience will not be right.

If you cannot locate a manikin or a replacement object for training, consider training the situation that happens before you start chest compressions. This could be following the information given by the free app on identification of a cardiac arrest and calling emergency services and unpacking the CorPatch® from the key hanger. In this case, you will be ready to apply the CorPatch® quickly in case you witness a cardiac arrest.

Do not use any SmartResQ/CorPatch® system for training or ‘for fun’ on any persons (living or dead), pets or any other living human being or creature.

Products, website(s), and apps disclaimer

SmartResQ/CorPatch® makes no representations or warranties and shall not be responsible for the competency of any person who may receive educational information and/or medical training provided through or based on the system or for the exercise of his or her skills by such person after completion of any training, courses or curriculum using the system. SmartResQ/CorPatch® does not guarantee that any person receiving educational information and/or medical training from the system will achieve any particular skill level or the necessary proficiency to qualify for any license, certificates, or ratings issued by any regulatory agency or government authority.

SmartResQ/CorPatch® and its associates attempt to be as accurate as possible. However, SmartResQ/CorPatch® makes no representation and gives no warranty that the system and the information, products, and training provided herein: (a) will be available always or available at all; or (b) is free of error, complete, accurate, true, up to date, and/or non-misleading. When you use the system, you know and are aware that you waive any claim you may have against SmartResQ/CorPatch® for reliance on any information or training presented through the system.

Our products are not intended for use by children. The products are small and colourful and can be mistaken for toys, but SmartResQ/CorPatch® products are not toys! We recommend not to leave the products out in the open and accessible to children. SmartResQ/CorPatch® takes no responsibility in relation to children’s use of the products. Any use of CorPatch® by children or teenagers must be allowed and monitored by responsible adults, e.g., parents, family member, or teachers.

Disclaimer of warranties and limitation of liability, this site is provided by SmartResQ/CorPatch® on an ‘as is’ and ‘as available’ basis. SmartResQ/CorPatch® makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, SmartResQ/CorPatch® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SmartResQ/CorPatch® does not warrant that this site, its servers, or e-mail sent from SmartResQ/CorPatch® are free of viruses/spam or other harmful components.

SmartResQ/CorPatch® will not be liable for any damages of any kind arising from the use of this site or its products, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

The information presented on this website should not be construed as professional advice. You should always consult with professional advisors familiar with your factual situation for advice concerning specific matters before making any decision.

The website may contain links which lead to websites maintained by individuals or organisations over which SmartResQ/CorPatch® has no control. SmartResQ/CorPatch® makes no representations and provides no warranties regarding the accuracy or any other aspect of the information located on such websites.

The responsibility for any opinions, advice, statements, or other information contained in any articles or texts on this website resides solely with the author and may not necessarily reflect opinions and policies of SmartResQ/CorPatch® itself.

Legal disclaimer

By purchasing, licensing, viewing, using, and/or accessing our website(s), products, and apps, you acknowledge and agree that:

1. The systems provided by SmartResQ/CorPatch® are specific products to be used solely for the intended use stated in the manual of the product. Please carefully read the user instructions and manuals, and make sure you are familiar with our medical products before taking into use.
2. The systems provided by SmartResQ/CorPatch® are specific educational and medical training products and tools are not certified as a medical device unless explicitly stated, they are not intended for any clinical or diagnostic use and intended to be used solely for medical training and performance improvement purposes.
3. At all times you will use and access the system solely in connection with such medical training and performance improvement purposes; in compliance with all applicable laws and regulations; and in accordance with any user documentation, instruction manuals, guides, and/or requirements we provide to you electronically or in person.
4. At no time can any SmartResQ/CorPatch® system alone diagnose, treat, or cure a human being’s condition or in a life-saving situation; support professional medical decisions, diagnosis or treatments or replace any diagnosis, recommendation, advice, treatment, or decision by an appropriately trained and licensed physician.
5. The association of a device with any patient harm or outcomes does not mean that the device caused the harm or outcome.
6. SmartResQ/CorPatch® takes no responsibility for harm resulting from unreasonable use of our products or use beyond the intended use of the product.

Performance information

The information contained herein is presented only as a guide for application of SmartResQ/CorPatch® products. SmartResQ/CorPatch® is continually working to improve the quality and reliability of its products. Nevertheless, our devices can malfunction or fail due to their inherent electrical sensitivity and vulnerability to physical stress and adverse communication signals. It is the responsibility of the buyer, when utilising SmartResQ/CorPatch® products, to observe standards of safety and testing and to avoid situations in which a malfunction or failure could result in bodily injury or damage to property.

Standard warranty

SmartResQ/CorPatch® Standard Limited Warranty is conditioned upon proper use of the products, website(s), and apps.
This Warranty is confined to the first purchaser of the product only and only if the product is purchased from an authorized SmartResQ/CorPatch® dealer. Manufacturers, suppliers, or publishers, other than SmartResQ/CorPatch®, may provide their own warranties to you – please contact them for further information.

The warranty does not cover:

1. defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect or unusual physical, electrical, or electromechanical stress,
2. defects or damage resulting from excessive force or use of a metallic objects,
3. equipment that has the production number or the enhancement data code removed, defaced, damaged, altered, or made illegible,
4. ordinary wear and tear or normal ageing of the product,
5. scratches, dents, and cosmetic damage, unless failure has occurred due to defect in materials or workmanship,
6. defects or damage resulting from the use of products in conjunction or connection with accessories, products or ancillary/peripheral equipment not furnished or approved by SmartResQ/CorPatch®,
7. defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by SmartResQ/CorPatch®,
8. damage caused by operating the SmartResQ/CorPatch® product outside the published guidelines,
9. demonstration / installation of the product purchased,
10. defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source,
11. defects or damage resulting from transmission or viruses, or other software problems introduced into the Products,
12. if the batteries are charged by chargers other than those compliant with CorPatch® Trainer,
13. any of the seals on the battery enclosure or cells are broken or show evidence of tampering,
14. products repaired by, used, or purchased from another company than SmartResQ/CorPatch®,
15. if SmartResQ/CorPatch® receives information from relevant public authorities that the product is stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorised access to the product or you cannot prove that you are the authorised user of the product,
16. if the products are used outside of the specified conditions stated in the manuals, e.g., temperature range, pressure, and humidity.

Batteries and chargers

SmartResQ/CorPatch® products contain either non-replaceable batteries (CorPatch®) or rechargeable batteries (CorPatch® Trainer). The types of batteries used in our products are described under each, individual product. SmartResQ/CorPatch® takes no responsibility if the rechargeable batteries are not handled correctly according to the manual for use.

In connection with the sale of devices that contain batteries, we are under obligation to bring the following to your attention:
As the end user, you are legally under obligation to dispose them correctly. The symbol of the crossed-out dustbin means that the battery may not be discarded with the household waste.

Payment

Our website(s), app(s), and webshop(s)

Our website(s) and app(s) are free to use as long as our legal policies are accepted and complied with. Be aware that purchases of our products might be available in the webshop(s) on our website(s) and in app(s).

Our products

SmartResQ/CorPatch® uses QuickPay as a payment gateway. QuickPay is certified by the Payment Card Industry (PCI) Security Standards Council following the latest release of PCI Data Security Standard (DSS) Level 1, which includes: (a) an annual report – ‘Report on Compliance’ (ROC) conducted by a Qualified Security Assessor (QSA), (b) quarterly network scans performed by Approved Scan Vendor (ASV), and (c) a large number of rules and guidelines for workflow and the processing of data.

We accept payment by:

• VISA
• Dankort
• Mastercard
• MobilePay
• PayPal
• Apple Pay
• Maestro

Payments will be deducted from your account upon shipment of goods. All amounts are in Euro and the statutory value added tax is already included in all the prices mentioned. All credit/debit card holders are subject to validation checks and authorisation by the card issuer or payment provider. SmartResQ/CorPatch® is not responsible in the event that your payment card provider refuses to authorise payments.

We use encryption for credit card information through the Secure Socket Layer (SSL) protocol. This ensures that others cannot intercept the credit card number or other information during the transaction with our provider.

Before finishing the contract, the customer must review and accept the shipping and logistic costs added to the purchase price, as the customer is charged these costs. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to SmartResQ/CorPatch® to buy a product (and SmartResQ/CorPatch® reserves the right to refuse orders for products). No contract will exist in relation to the products until we have confirmed to you by e-mail that the product(s) has been dispatched. Our acceptance to your offer will be deemed complete and the contract between us shall be formed when we send you a dispatch confirmation mail.

The shipping costs are always shown in relation to each individual order.

SmartResQ/CorPatch® retains ownership of the purchased item until the invoice amount has been fully paid by the customer and automatically ‘drawn’ just before shipping.

Customers are only entitled to offset if their counterclaims have been legally established or are undisputed or recognised by SmartResQ/CorPatch®. In addition, customers only have a right of retention if and insofar as their counterclaim is based on the same contractual relationship.

If the customer is in arrears with us with any payment obligations, all existing claims become due immediately.

Surcharging fees

As per 1 January 2018, the rules regarding surcharging have been changed. Therefore, it is no longer legal to surcharge fees on payments from consumer cards if they are issued by banks/card issuers within the EU. This applies for both debit and credit cards. Consumer cards are cards issued to a private consumer.
However, if the card is either a corporate card or consumer card issued outside the EU, the transaction fee will be surcharged. This means that the cardholder pays the transaction fee automatically.
The fee will not be higher than what SmartResQ/CorPatch® is charged by the acquirer. The fee will clearly be shown as a separate post in the payment window.

Cancellation and returns

When you shop with SmartResQ/CorPatch® online or offline, you have 14 days to regret and cancel where you can inform us that you have changed your mind and return the item to us in the same state as received.
We only accept returns of unused items in original, sealed, and unharmed packaging and they must be properly packed for shipment, otherwise the products will be considered used, and no partial refunds will apply. The cancellation right only applies to unsealed products upon receipt.

Acceptable reasons for returning a product

• Use of the 14 days cancellation right
• Product not as described (warranty)
• Product is faulty

Terms for returning CorPatch® is following the standard EU rules.

If returning the product, keep the original packaging and do not damage, stick on or write on it. Obtain and use a dedicated return packaging, e.g., cardboard box.

For CorPatch® Trainer, the withdrawal terms for this product are following the standard EU rules.

To exercise the right to cancellation, you must notify us within 14 days of receipt of the items. Cancellation requests shall be sent by e-mail to info@corpatch.com, clearly stating that you wish to use your cancellation rights and why.

We expect you to return the items as soon as possible after you have given cancellation notice and no later than 14 days after you have informed us by e-mail.

We can reject the repayment until you have returned the items or proven that you have returned the items. For this repayment we will use the same payment method as used in the original transaction.

Non-acceptable reasons for returning a product

• Change of mind after the 14-day cancellation right.
• If the product has been activated.
• If the product is used or harmed in any other way.
• If the software/free app is downloaded, connected to, installed, or in any other way combined with the physical product(s).

How to return

We only accept returns of unopened items in original and unharmed packaging, and they must be properly packed for shipment, otherwise the products will be considered used and no refunds will apply.

Unless otherwise stated, returns must be sent to:
SmartResQ ApS (CorPatch®)
Lundevej 26
DK-5700 Svendborg
Denmark

IMPORTANT! You are sole responsible for the packaging quality and the items until received by us. Please keep the postal receipt including information on shipping costs and if applicable the track and trace number. We do not cover return shipping costs and we do not accept packages sent ‘Cash on Delivery (COD)’ or similar.

Data processing of personal information

At SmartResQ/CorPatch® we value your personal data through our three-step data compliance effort: a. keeping a detailed map of our dataflow, b. undertaking legal assessment based on the dataflow in order to, c. implement the necessary security measures to keep your data safe.

In order to use our webshop you must at least give the following information:

• Name
• Address
• E-mail address
• Phone number

The collection of personal customer information takes place within the framework of existing legislation and EU General Protection Regulation (GDPR) legislation.

If you want to know more about our processing of your personal data, please read our Privacy Policy.

Changes to this document

On website(s), app(s), and policies

SmartResQ/CorPatch® reserves the right to make changes, delete, modify, or supplement our website(s), app(s), policies and documents at any time for any reason without any notice to anyone.
If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

If we change our policies, we will publish the revised policies online with an updated revision date. We encourage you to review the policies regularly. If we make material changes to our policies that significantly changes our policy practices, we may also notify you in other ways, for example, by sending an e-mail or by posting a notice on our website and/or social media before the changes take effect.

Relating a specific purchase

When purchasing a product, you will be asked to accept a version of certain documents as they are at that exact point in time – that version will not be changed after that point in time and will dictate the terms of our relationship with you regarding that exact purchase.

Contact information

Thank you for reading SmartResQ/CorPatch® ‘Terms and Conditions’.
If you have any questions, comments, or complaints, please feel free to contact us.

Our company is located at: Lundevej 26, 5700 Svendborg, Denmark

You can find us in the Central Business Register under VAT No. DK 38674102

You can call us on Telephone number +45 62 200 100

or

e-mail us at: info@corpatch.com