END USER AGREEMENT TO USE ALERTACALL LIMITED SERVICES BETWEEN:

1. ALERTACALL LIMITED (“Alertacall” or “the Company”) whose
registered office is situated at Pit Farm Farmhouse, Cartmel, Grange-over-
Sands, LA11 6HE. Company Registration Number: 05145094
and

2. THE CUSTOMER (“Customer”) who is anyone who uses or pays for
services provided by Alertacall (“Alertacall Services”)

3. Words importing the plural shall include the singular and vice versa.
USE OF ALERTACALL SERVICES

4. The Customer will take all reasonable endeavours to provide any
information requested by Alertacall in order for Alertacall to provide
the Customer with Alertacall Services.

5. The information provided to Alertacall by Customers to assist in the
provision of Alertacall Services must be accurate and truthful to the
best of the Customer's knowledge.

6. The Customer must inform Alertacall as soon as is reasonably practical
about any changes to the information provided to Alertacall to operate
the Alertacall Services.

7. Where the Customer provides Alertacall with contact details for other
people in order for Alertacall to provide Alertacall Services the
Customer warrants that the Customer has permission from those other
people to provide Alertacall with their details and grants permission
for Alertacall to contact those other people in order to Alertacall to
provide Alertacall Services.

8. Where the Customer wishes to temporarily stop using Alertacall
Services for a period, for example because they are going away from
their home, the Customer will make every effort to notify Alertacall by
telephoning or writing to Alertacall in advance.

9. The customer must not use Alertacall Services in any manner
whatsoever that may constitute a criminal offence or may provide
grounds for a civil court case against the Customer, Alertacall, or any
other third party and shall indemnify Alertacall against any such
action unless such action results from or was contributed to by any act
or omission of Alertacall.

10. The Customer may nominate one or more people who are able to
provide instruction to Alertacall as to the Customer’s use of the
Alertacall Services and their wishes (an “Advocate”). Alertacall will
take instructions from an Advocate as if they were those of the
Customer. The Customer can terminate the appointment of an
Advocate by contacting Alertacall either by telephone or in writing.

11. Where the Customer provides Alertacall with contact details of other
people in order for Alertacall to provide Alertacall Services the
Customer gives Alertacall permission to share details of the Customer
at its discretion with those other people – but only where reasonably
necessary to help ensure the delivery of Alertacall Services.

12. Alertacall may provide the Customer with a password to access
information about their account. The Customer must not allow other
people to know their password. The Customer must inform Alertacall
as soon as is reasonably practical if they believe someone else may
know their password.

13. Alertacall reserves the right to refuse access to, suspend or stop anyone
from having access to Alertacall Services at its absolute discretion but
where practical will provide seven days’ written notice of such.
PAYMENT OF ALERTACALL SERVICES

14. Where a Customer is paying for Alertacall Services or has agreed to do
so they agree that prior to being provided any Alertacall Services,
Alertacall may use the services of one or more credit referencing
agencies at Alertacall’s absolute discretion to help assist in determining
what services to make available to the Customer.

15. If a Customer is given the opportunity to pay for Alertacall Services by
Direct Debit and chooses to do so the Customer must have full
permission and authority to provide Alertacall with any bank details
supplied by them in order for Alertacall to collect payment.

16. Customers are advised in writing as to the charges that will made be
made by Alertacall for supplying the Alertacall Services. The Customer
agrees they are responsible for and wholly liable to pay for those
charges and that the responsibility to pay for any Alertacall Services
used by the Customer during the term of this Agreement will extend
beyond the life of this Agreement.

17. If Alertacall Services remain unpaid for more that 60 days Alertacall
reserve the right to charge the Customer interest on any outstanding
balance on their account at the Bank of England base rate plus 2% plus
a charge to cover the time and any other reasonable expenses incurred
in administering the account and collection of said monies including
legal costs.

18. If a Customer wishes to claim VAT relief on any Alertacall Services
they must truthfully complete and sign a VAT Exemption Declaration
Form supplied by Alertacall unless otherwise agreed by Alertacall.
Whoever completes this form wholly indemnifies Alertacall against
any monies requested from it by Revenue & Customs should it
transpire that the Customer did not qualify for VAT relief. If it
transpires the Customer did not qualify for VAT relief the Customer
will pay Alertacall the VAT due on all Alertacall Services procured
from it to that date within 28 days of a written request from Alertacall.


DEFINITION OF ALERTACALL SERVICES
19. Alertacall will provide the Customer with an Alertacall Telephone or
one or more telephone numbers to dial (“Special Number”) the
purpose of which is to enable the Customer to send a signal through to
Alertacall to confirm that they are safe.

20. The Customer will nominate one or more agreed times (“Agreed
Times”) by which they will confirm that they are safe each day (unless
otherwise agreed) to Alertacall using the Alertacall Telephone or the
Special Number.

21. If a Customer does not confirm their safety using the Alertacall
Telephone or Special Number within a given time frame chosen by
Alertacall at its discretion for that Customer prior to the Agreed Times
Alertacall will place a note (“Alert”) against the Customer’s internal
record to show that the Customer has not confirmed their safety.

22. Where a Customer’s internal record has an Alert set against it,
Alertacall will use reasonable endeavours to make a telephone call to
the Customer as quickly as possible to confirm their safety. Alertacall
will then attempt to telephone the Customer up to three times to
confirm the safety of the Customer but reserves the right, at its sole
discretion to make further telephone calls.

23. If the safety of the Customer cannot be confirmed by telephoning the
customer as per point 22, Alertacall will then attempt to call in
sequence up to a maximum of three other people (“Emergency
Contacts”) as requested by the Customer in writing or by telephone
call. Alertacall will try calling each Emergency Contact at least once
before moving onto the next Emergency Contact.

24. Where Alertacall has called an Emergency Contact and is presented
with an answering-machine it will leave a message on that answeringmachine
requesting that the relevant Emergency Contact either tries to
make contact with the Customer to confirm their Safety or otherwise
telephones Alertacall for advice as to the situation with the Customer.
Alertacall will then go on to telephone the next Emergency Contact.

25. Where Alertacall is unable to make human contact, that is actually
speak in real-time without discernable delay to any of the Emergency
Contacts, it will then circle through the list of Emergency Contacts
again up to a maximum of three times over a three-hour period.

26. Alertacall reserves the right to make one or more telephone calls,
automated or otherwise, to any Customer prior to the Agreed Times to
assist the Customer in remembering to confirm their safety by using
the Alertacall Telephone or Special Number. Alertacall reserves the
right to make a charge for said reminder calls but only where agreed
with the Customer in advance.

27. Alertacall reserves the right to inform the police, ambulance and/or
other emergency services where it believes that the safety of one of its
Customers is in jeopardy and to pass on details of any Customer to the
emergency services in such a situation. Such a decision will be made
by a Senior Manager or Director of Alertacall and this in no way forms
part of Alertacall’s service obligation to the Customer. The Customer
indemnifies Alertacall against any reasonable costs arising from the
exercise of this clause including costs of forced entry into their
property by any emergency services’ personnel.


ALERTACALL TELEPHONE

28. Where an Alertacall Telephone is supplied to a Customer as part of the
Alertacall Services it remains the exclusive property of Alertacall
unless otherwise stated by Alertacall.

29. The customer agrees not to open up, reverse engineer or reverse
compile any Alertacall Telephone supplied to them in connection with
the Alertacall Services.

30. The Customer will not pass or transfer the Alertacall Telephone on to
anyone else without the prior consent of Alertacall, such consent not to
be unreasonably withheld or delayed.

31. All intellectual property rights within any Alertacall Telephone
remains the property of Alertacall Ltd to such an extent this is possible
in law.


LIABILITY AND GUARANTEEE

32. Alertacall will always use all reasonable endeavours to ensure that the
Alertacall Services operate in accordance with the description of them
as provided to the Customer and will provide Alertacall Services with
reasonable skill, care and diligence.

33. The Customer wholly accepts that Alertacall does not have any liability
or responsibility for any costs, expenses or loss (including loss of
profits, contracts, software or data, or any consequential loss) which
may arise from the Customer's access or use, or inability to access or
use the Alertacall Services or any part of them.

34. Alertacall is not liable or responsible in any way for any delay or
failure to comply with any obligations under this Agreement if the
delay or failure arises from any cause which is beyond Alertacall’s
reasonable control, including (without limitation) any act of God, or of
government or regulatory authority, or other services providers,
telecommunications carriers, war, terrorism, or non-availability or
malfunctioning of a telecommunications device or broadcast or other
network system or service.

35. Alertacall is not liable or responsible in any way in any form
whatsoever for any harm, ill-health, medical conditions, death or any
other costs or loss of amenities incurred either directly, indirectly or
otherwise that any Customer may suffer as a result of using Alertacall
Services or Alertacall Telephone or as a result of any failure with any
Alertacall Services or Alertacall Telephone.

36. At all times and under all circumstances the maximum liability
Alertacall has towards any of its customers, their representatives or
agents shall never exceed £25.

37. The statutory rights of the Customer are not affected by anything
within this Agreement.

TERMINATION OF THIS AGREEMENT

38. Alertacall reserves the right to terminate this Agreement at any time at
its absolute discretion and will provide the Customer with seven days’
written notice.

39. The Customer may terminate this Agreement at any time by writing a
letter and posting this to Alertacall at Pit Farm Farmhouse, Cartmel,
Grange-over-Sands, Cumbria, LA11 6HE. At its discretion Alertacall
may accept a telephone call as a means of terminating this Agreement.


AMENDMENTS TO THESE TERMS AND CONDITIONS

40. Alertacall can change these Terms and Conditions by providing the
Customer with 28 days’ written notice. Continued use of Alertacall
Services after any changes come in to effect constitutes the Customer’s
acceptance of the changed Terms and Conditions.

INTELLECTUAL PROPERTY OWNERSHIP

41. All trademarks, copyrights and other intellectual property rights in the
design and contents of the Alertacall website, Alertacall’s literature, its
equipment, its processes, its systems and know-how are reserved to
Alertacall and its licensors. Any copying or unauthorised use of
Alertacall’s trademarks, copyrights, intellectual property rights or
designs will infringe Alertacall’s rights and its licensors rights under
international treaty and English law.

DATA PROTECTION AND PRIVACY NOTICE

42. Alertacall may use the information Customers provide to it in order to
operate the Alertacall Services together with other information for
processing applications, administering the Customer's relationship
with us, marketing, risk assessment profiling and helping determine
other services operated by Alertacall that the Customer may be
interested in. Alertacall attempts to record all activity pertaining to a
Customer’s use of Alertacall Services for quality control, training and
auditing purposes.

43. Customer's information may be disclosed to agents of Alertacall and
service providers in the course of providing the Customer with
Alertacall Services, but they will not be granted permission to use it
other than in connection with providing the services it is contracted to
provide.

44. In the event that Alertacall, its services, assets, customer base or any
part thereof are sold or transferred to a parent company, subsidiary,
another service provider or successor the Customer agrees that
Alertacall can transfer all data held about them to that parent
company, subsidiary, service provider or successor provided their
usage of Customer data is broadly in line with that of Alertacall.

45. Alertacall recognises the importance of Customer details and makes
every effort to keep them secure. Except in the circumstances
permitted by this notice, the details Customers provide to Alertacall
will never be sold, leased, or passed to any other party for any reason
without the Customer's consent unless they are otherwise informed by
Alertacall in writing prior to using Alertacall Services.

46. Alertacall reserves the right to forward Customers details, including
details pertaining to a Customer’s use of the Alertacall Services and
any information recorded about a Customer when:
required to do so by law;
acting in good faith to preserve the rights of Customers;
upholding Alertacall’s Terms and Conditions;
permitted to do so under the Data Protection Act;
provision of Alertacall Services are facilitated by a local
authority and that local authority requests the details.

47. For the avoidance of doubt, if a Customer has access to Alertacall
Services free of charge or with no charge for a period of time by way of
a pilot or some other scheme operated by a local authority under an
arrangement with Alertacall, Alertacall reserves the right to regularly
pass all details it holds on file for that Customer to the local authority
throughout the duration of that scheme.

48. For the avoidance of doubt, if a Customer has access to Alertacall
Services free of charge or with no charge for a period of time by way of
a pilot or some other scheme operated by the local authority under an
arrangement with Alertacall, a copy of their Personal Care Plan (this is
a local authority term pertaining to details Alertacall might hold about
a Customer including any medical information a Customer has
provided and details of a Customer’s wishes as to the provision of their
service) and other information about the Customer held by Alertacall
may be shared with that local authority to enable it to discharge its
responsibilities in relation to adult protection.

49. If a Customer has access to Alertacall Services free of charge or with no
charge for a period of time by way of some special offer or scheme
operated in conjunction with another organisation, commercial or
otherwise, that organisation may be supplied with the full name,
address and telephone number of the Customer.

50. Customers have a right to ask for a written copy of the information
Alertacall has about them (for which Alertacall makes a charge of
£5.00) and to have inaccuracies corrected.

51. Alertacall monitors and analyses the overall use of all Alertacall
Services to help determine trends so that we can better develop and
enhance the services we provide. Data pertaining to Customer's use of
Alertacall Services may be used anonymously in this analysis.

52. Alertacall reserves the right to record telephone conversations held
with Customers for quality control, training and auditing purposes and
to keep recordings of those telephone conversations indefinitely.


GENERAL

53. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this
Agreement is not intended to, and does not, give any person who is not
a party to it any right to enforce any of its provisions.

54. The Customer warrants that it has not relied on any representations
made by or on behalf of Alertacall and these terms supersede any other
previous agreements, arrangements and understandings between
Alertacall and the Customer.

55. If any term or provision in this agreement shall in whole or in part be
held to any extent to be illegal or unenforceable under any enactment
or rule of law that term or provision or part shall to that extent be
deemed not to form part of this agreement and the enforceability of the
remainder of this agreement shall not be affected.

56. The validity, construction and performance of this agreement shall be
governed by English law.