Effective date: 1 April 2026
Entity: New Venture Capital Pty. Ltd. (ACN 626 647 256, ABN 56 626 647 256) ("Company", "Puffin Guard", "we", "us", "our"), established in Queensland, Australia.
These Terms of Service ("Terms") govern your access to and use of the Puffin Guard website, web application, physical sensor device ("Device"), and all related services including automated notifications (collectively, the "Service"). By creating an account, purchasing a Device, or using the Service, you agree to these Terms.
Consumer product. The Service is provided to individual consumers for personal and household use. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified.
Puffin Guard provides a presence monitoring service designed for peace of mind for people living independently and their families. The Service consists of:
Puffin Guard is not a medical device, emergency service, or life-safety system. The Service is designed to provide general awareness of presence and should not be relied upon as the sole means of ensuring a person's safety or wellbeing. Specifically:
To get the best results from your Device, you are responsible for:
You represent and warrant that the person in whose home the Device is placed has been informed of the Device's presence and purpose, and consents to its use. The Service must not be used to monitor any person without their knowledge and consent.
You must be at least 18 years of age to create an account or purchase a Device. By using the Service, you represent that you have the legal authority to enter into these Terms.
You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at [email protected] if you become aware of any unauthorised use.
When you purchase a Device, you own the physical hardware. The Device requires an active account and, after the complimentary monitoring period, an active subscription to use the Puffin Guard monitoring service.
The Device runs on 2×AA batteries (not included in some configurations) and connects to your home WiFi network (2.4 GHz, WPA2). An adequate broadband internet connection is required for the Device to communicate with our servers. The Device does not support 5 GHz WiFi networks.
Devices are currently shipped to Australian addresses only. Pricing and availability are subject to change.
The Device may receive over-the-air firmware updates automatically when it connects to our servers. These updates may improve functionality, fix bugs, or address security issues, and may occasionally change how features work. By using the Device, you consent to receiving automatic firmware updates. We will not push updates that materially reduce the core functionality of the Device.
In addition to your rights under the Australian Consumer Law (see Section 18), we provide a 1-year limited manufacturer warranty from the date of delivery. This warranty covers defects in materials and workmanship under normal use. It does not cover damage caused by misuse, accidental damage, water exposure, unauthorised modification, or normal wear and tear (including battery depletion). To make a warranty claim, contact us at [email protected].
The monitoring and notification features of the Device depend on our cloud service. If you cancel your subscription or close your account, the Device will no longer send alerts. If we ever discontinue the Puffin Guard service entirely, we will provide at least 6 months' notice by email to all active users.
Your Device purchase includes a complimentary first year of monitoring (one free year per account, not per device). After the complimentary period, continued use of the monitoring service requires a paid subscription at $19.99 AUD per month (inclusive of GST).
For refunds and returns, see our Refund & Return Policy.
You may designate emergency contacts who will receive automated notifications (SMS, phone call, email) if expected presence is not detected. By adding emergency contacts, you represent that:
There is no charge from Puffin Guard for receiving SMS or voice call alerts. However, standard carrier charges may apply from your mobile provider for receiving or replying to SMS messages.
Your privacy is fundamental to our service. Please refer to our Privacy Policy for details on how we collect, use, and protect your data.
Puffin Guard is designed with privacy at its core. The Device detects presence only. There are no cameras, microphones, or location-tracking capabilities.
You agree not to:
The Service, including its software, firmware, design, branding, and content, is owned by New Venture Capital Pty. Ltd. and protected by intellectual property laws. You are granted a limited, non-exclusive, revocable licence to use the Service in accordance with these Terms while your account is active.
Feedback. If you provide feedback or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use and incorporate it without restriction.
The Service relies on third-party providers for hosting, communications, and payment processing. These providers have their own terms and availability; we are not responsible for their acts or outages. See our Privacy Policy for a list of providers.
To the maximum extent permitted by law, the Service is provided "as is" and "as available." We do not warrant that the Service will be uninterrupted, error-free, or that notifications will always be delivered successfully. We do not provide medical, emergency, or safety advice.
Subject to Section 18 (Australian Consumer Law), we disclaim all warranties (express, implied, statutory), including merchantability, fitness for a particular purpose, and non-infringement.
Cap. Our total liability for all claims in the aggregate is limited to the fees you paid to us for the Service in the 12 months before the event giving rise to liability.
Exclusions. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, punitive, or consequential damages; loss of profits, revenue, goodwill, or data; or any harm arising from failure to detect presence, delayed notifications, or service interruptions, even if we have been advised of the possibility of such damages.
Nothing in this Section limits liability that cannot be limited by law.
You agree to indemnify and hold harmless New Venture Capital Pty. Ltd. from third-party claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your misuse of the Service; (b) your breach of these Terms or applicable law; (c) your use of the Device in a manner inconsistent with its intended purpose, except to the extent caused by our wilful misconduct or gross negligence.
You may close your account at any time by contacting us. We may suspend or terminate your account if you materially breach these Terms or pose security or operational risk.
On termination, your right to use the Service ceases immediately. We may delete or anonymise your data after a reasonable retention period (see our Privacy Policy).
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.
Informal resolution. Before filing any claim, please contact us at [email protected] and attempt to resolve the matter informally for 30 days.
If a dispute cannot be resolved informally, it will be subject to the jurisdiction of the courts of Queensland, Australia as set out in Section 19.
We may update these Terms from time to time. Material changes will be notified by email at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.
We are not liable for delays or failures to perform due to events beyond our reasonable control, including natural disasters, power or internet failures, telecommunications outages, third-party service outages, or changes in law.
We accept legal and operational notices by email at [email protected]. You consent to receive notices from us electronically (by email or through the Service). Notices are deemed received on the day sent.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Severability; waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full force. Failure to enforce any provision is not a waiver of that provision or any other.
No third-party beneficiaries. There are no third-party beneficiaries to these Terms.
Subcontractors. We may use vetted subcontractors and service providers to deliver the Service. We remain responsible for their performance under these Terms.
Entire agreement. These Terms, together with the Privacy Policy and Refund & Return Policy, constitute the entire agreement between you and us regarding the Service.
Survival. Sections 3 (Important Limitations), 8 (Subscriptions and Billing), 10 (Privacy and Data), 12 (Intellectual Property), 14–16 (Disclaimers, Limitation of Liability, Indemnification), 18–20 (Australian Consumer Law, Governing Law, Dispute Resolution), 22 (Force Majeure), and 23–25 (Notices, Miscellaneous, Contact) survive termination.
If you have questions about these Terms, please contact us:
Puffin Guard (a service of New Venture Capital Pty. Ltd.)
Email: [email protected]