Alertacall is an emergency response service for older and disabled people living alone that raises an alarm without the need to wear a pendant.
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Terms and Conditions
TERMS AND CONDITIONS FOR USE OF ALERTACALL LIMITED SERVICES 1.1 These Terms and Conditions constitute an Agreement governed exclusively by English Law between the parties as defined below. Words importing the plural shall include the singular and vice versa. 1.2 The parties are Alertacall Limited ("Alertacall", "We" or "Us"), Holdsworth House Farm, Holmfield, Halifax, West Yorkshire, HX2 9TF and the Customer ("Customer") who is anyone over the age of 18 and resident in the United Kingdom that uses any services or facilities provided by Alertacall Limited ("Alertacall services") or who pays for the use of or access to Alertacall services. Additionally the Customer is any person over the age of 18 and resident in the United Kingdom, company or other legal entity whose has sent us their own details during the completion of any form of application to use Alertacall services or any subsequent information given to us to assist in the provision of Alertacall services ("Registration"). 1.3 It is possible for several Customers working together to secure the provision of Alertacall services to be jointly and severally liable under this Agreement. For example where one Customer has provided their contact details only in Registration and another Customer has provided payment details only both Customers are jointly and severally liable under this Agreement. 1.4 All Customers accept they are wholly bound by this Agreement. If it transpires that any part of this Agreement remains unenforceable then the remainder of the Agreement will remain in place. 1.5 This Agreement represents the entire agreement relating to the subject matter hereof and supersedes all previous agreements, arrangements and understandings between the parties in relation to the subject matter hereof but nothing in this Agreement shall be read or construed as excluding any liability resulting from any fraudulent act or omission by any party. No variation of this Agreement shall be effective unless it is recorded in writing and signed by a Director of Alertacall Limited. 2 THE ALERTACALL ACCOUNT 2.1 We reserve the right to refuse any Customer application to use Alertacall services for any reason whatsoever at our absolute discretion. If a Customer is refused use of Alertacall services we do not have to provide any reason why. 2.2 The Customer agrees they are responsible for and liable to pay any charges as set out in the Alertacall Services Schedule and any outstanding charges owed to us irrespective of whether they have terminated this Agreement with us or not. The Customer's liability to pay us outstanding charges will survive beyond the life of this Agreement. If we are unable to collect money from a Customer for use of Alertacall services for more that 60 days we reserve the right to charge the Customer interest on any outstanding balance on their account at the Bank of England base rate plus up to 4%. 2.3 The Customer agrees that prior to us providing them with any Alertacall services we may use the services of one or more credit referencing agencies at our absolute discretion to help assist us determine whether to provide them with Alertacall services and if we choose to do so help us determine any credit limit and various other attributes pertaining to the Alertacall services provided to them. 2.4 Unless otherwise stated in the Alertacall Services Schedule the customer must provide us with details of a bank account from which we can collect payment for Alertacall services by Direct Debit. The Customer must have permission to provide us with these details. Unless otherwise stated by us we or our agents or suppliers (acting on our behalf) will take payment for the Customer's use of Alertacall services from the aforementioned bank account by Direct Debit as advised in the Schedule of Charges. 2.5 If a Customer is formally accepted by us to use Alertacall services and provided with an account they may be given a credit limit. We reserve the right to change or remove this credit limit without notice at our absolute discretion. Should the Customer exceed the credit limit given to them they may be asked to provide payment by debit card, credit card, cheque or bank transfer for us to continue providing them with Alertacall services. Alternatively the Customer may be asked to authorise early collection of funds by Direct Debit. We reserve the right to suspend Alertacall services and to terminate this Agreement with any Customer without notice if the Customer exceeds the credit limit given to them. 2.6 The information provided on Registration must be accurate and truthful to the best of the Customer's knowledge. In addition the Customer must inform us within seven days about any changes to the information supplied to us on Registration. If any information is inaccurate we reserve the right to immediately suspend any Alertacall services provided to the Customer and terminate this Agreement. If the Customer changes the information supplied to us on Registration and this makes us unable to continue to provide Alertacall services to that Customer, we reserve the right to immediately suspend any Alertacall services and to terminate this Agreement. 2.7 We may provide the Customer with a username, password or pin code to access information about their account. The Customer must not allow other people to know their password or pin code. The Customer must inform us immediately if they believe someone else may know their password or pin code. 2.8 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 you, or us, or any other third party. 2.9 Where a customer has completed a Direct Debit mandate to enable us to collect monies from them as part of Registration the Customer agrees to allow us to immediately debit their bank account for any setup fees outstanding on the account. For the avoidance of doubt if a Customer has completed one of our online registration processes and in doing so completed a Direct Debit mandate, the customer agrees to allow us to immediately collect any setup fees without any further notice. 3 ALERTACALL SERVICES SCHEDULE 3.1 For the fees as set out in point 4 below Alertacall will provide a process with which a person who may or not be the Customer can confirm their safety to us each day. This person shall be called the Alertacall User. Ordinarily this process is accomplished by providing the Alertacall User with access to and a licence to use a piece of equipment that shall remain the property of Alertacall such as the Alertacall Telephone. This is a specialised piece of equipment on which there is a Special Button. When the Alertacall User presses this Special Button a signal is sent over the telephone network to Alertacall to confirm their safety to us. The process and equipment or any part thereof may change from time to time at the absolute discretion of Alertacall. 3.2 The Customer, who may or may not be the Alertacall User but who should at least confirm the appropriateness of this time with the Alertacall User selects a time each day by which the Special Button will be pressed. If the Special Button is not pressed by this time or for some reason we do not receive the signal sent to us over the telephone network by this time we will go on to initiate the 'Safety Confirmation Routine'. This means will try telephoning the Alertacall User to confirm their safety. If we cannot confirm their safety we will then try and call up to three contacts as nominated by the Customer in Registration stopping when the first contact answers. These are the Nominated Contacts. 3.3 Alertacall reserves the right to inform the Alertacall User or the Nominated Contacts as to each others identify and question as it sees fit the Alertacall User and Nominated Contacts to help determine their identity should we ever speak or correspond with them. The Customer must seek permission from the Alertacall User and the Nominated Contacts before providing their details to Alertacall on Registration. The Alertacall User or Nominated Contacts can advise Alertacall when the Special Button will not be pressed or when to stop the Safety Confirmation Routine. An Alertacall User or Nominated contact can request that they are no longer contacted by Alertacall and if so we will cease to do so in the future, irrespective of the wishes of the Customer who we will advise in due course. 3.5 Any equipment sent to the Customer, the Alertacall User or any of the Nominated Contacts including but not limited to the Alertacall Telephone remain the exclusive property of Alertacall Ltd. On receipt of payment for access to such equipment (included as part of the setup fee) the Customer is granted a licence to use the equipment until such a time that Alertacall requires the equipment to be returned. The customer agrees not to open up, reverse engineer or reverse compile the equipment in any way shape or form, will not under any circumstances pass or transfer the equipment on to anyone who could reasonably be seen to be a competitor of Alertacall and accepts that the equipment and the intellectual property within it remains the property of Alertacall Ltd to such an extent this is possible in law. 4 SERVICE FEES 4.1 The services as defined in point 3 will be provided to a Customer subject to the terms set our herein for £144.88 including VAT paid annually in advance by cheque or postal order unless otherwise agreed by Alertacall. Alternatively the Customer can pay a £25 setup fee by cheque, postal order or at our discretion by Direct Debit and make Monthly Subscription payments of £9.99 including VAT per month by Direct Debit or otherwise if agreed by Alertacall. Where a Customer has paid annually in advance and they cancel this agreement they will be entitled to a refund of £9.99 per month for each whole month of unused service. Where a Customer is paying by Monthly Subscription no refunds are available but future Direct Debit payments can be cancelled. Prices given above are inclusive of VAT. Customers suffering from a chronic illness or disability or may be entitled to VAT relief and therefore the amounts shown immediately above may differ. 4.2 To safeguard us against the possibility of having to initiate an excessive number of Safety Confirmation Routines (for example because the Alertacall User keeps going away on holiday without notifying us) if we have to initiate more than 10 x Safety Confirmation Routines in the first month or more than 2 x Safety Confirmation Routines in subsequent months we reserve the right to charge £1.50 for each additional Safety Confirmation Routine. We will provide a mechanism for the Alertacall User, the Customer or the other nominated contacts to advise us if they know the Special Button will not be pressed on one or more days in the future. 6 VAT RELIEF If the Alertacall User is genuinely disabled with a physical or mental impairment which has a long term and substantial adverse effect upon their ability to carry out every day activities or is suffering from some form of illness that the medical profession treats as chronic (such as diabetes) then the Customer will in all likelihood be eligible to VAT relief and pay zero-rate VAT on the Alertacall service (effectively no VAT). To claim VAT relief the Alertacall User or another Customer on their behalf must truthfully complete and sign a VAT Exemption Declaration form. Whoever completes the VAT Exemption Declaration form will be wholly liable for doing so and indemnifies Alertacall Ltd against any monies requested from it HM Revenue & Customs should it transpire that the Alertacall User did not qualify for VAT relief. For the avoidance of doubt if it transpires the Alertacall User did not qualify for VAT relief the Customer will pay Alertacall Ltd the VAT on all services procured from it to that date, it will make the payment within 28 days of Alertacall having requested they do so. 6 LIABILITY AND GUARANTEEE 6.1 It is in our commercial interests to try and ensure that the Alertacall services operate in accordance with our description of them in the Schedule of Charges and without any faults. However, we cannot guarantee this will always be the case and the Customer wholly accepts that we do not have any liability or responsibility whatsoever for any faults, errors or problems of any sort or of any nature with any Alertacall services, or access to them, or 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. 6.2 We will always endeavour to offer the Customer appropriate advice should they have cause to consult us about Alertacall services. However, we do not accept any liability or responsibility whatsoever for any problems that the Customer may experience as a direct or indirect result of such advice or any costs, expenses or loss (including loss of profits, contracts, software or data, or any consequential loss) for any such advice. 6.3 We do not accept any liability or responsibility whatsoever either as a direct result of or indirectly for acts or omissions resulting from the Customer's decision to use Alertacall services or any opinion the Customer may have formed about Alertacall services including any costs, expenses or loss (including loss of profits, contracts, software or data, or any consequential loss). 6.4 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. 6.5 We are not liable or responsible in any way for any delay or failure to comply with any obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our 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. 6.6 We are 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 or Alertacall User or any agent, representative or family member thereof may suffer as as a result of using Alertacall services or equipment or as a result of any failure with any Alertacall services or equipment. 6.7 If it transpires the customer has used the service in a manner that may constitute a criminal offence or may provide grounds for a civil court case against themselves, or Alertacall, or any other third party the Customer wholly indemnifies Alertacall against any costs or judgements made against it as a result of the Customers actions. This indemnity extends beyond the life of the Agreement. 6.8 The Customer uses the services of Alertacall entirely at their own risk. No guarantee or warrany of any kind is made by Alertacall on any of its services either expressed or implied. 7 SUSPENSION OF ALERTACALL SERVICE 7.1 We reserve the right to suspend the Customer's use of the Alertacall services without notice if: The Customer exceeds the credit limit given to them If the Customer fails to make payment as expected. If we are unable to collect payment from the Customer. If the Customer uses the Alertacall services in any manner that may constitute a criminal offence or may provide grounds for a civil court case against them, or us, or any other third party. If we believe there may have been unauthorised use of a Customer account. For any other reason at the discretion of the company Directors. 8 OUR TERMINATION OF THIS AGREEMENT 8.1 We reserve the right to terminate this Agreement at any time at our absolute discretion. Will advise the Customer of this by telephoning them, by sending an email to one or more email addresses we have on record for them, or by sending a letter to one of more of the addresses we have on record for them. 8.2 We may terminate the Agreement with immediate effect: 8.3 if the Customer breaches any of these Terms or Conditions; 8.4 if the Customer is made bankrupt or becomes insolvent, or suffers a similar "commercial disaster"; or has a court order made against them in respect of a debt or fine 8.5 if there is a change in Registration information which is unacceptable to us. 8.6 if any issues as listed in Suspension of Alertacall services remain unresolved 8.7 at our absolute discretion 9 CUSTOMER TERMINATION OF THIS AGREEMENT The Customer may terminate this Agreement at any time by writing a letter and posting this to us. The Customer will be liable for any monies owed to us up until that point or incurred by any continued use of Alertacall services beyond that point. This liability to us will extend beyond any termination of this Agreement. Only once the Customer has received notification back from us that we have received the termination of Agreement request should the Customer deem the Agreement to be terminated. 10 AMENDMENTS TO THESE TERMS AND CONDITIONS We can change these Terms and Conditions at any time. We will make details of such changes available on the Alertacall web site at www.alertacall.com. If a Customer continues using Alertacall services for a period of 14 days or more after any such changes they are accepting they have agreed to and accept those changes. If the Customer does not wish to continue using our services as a result of any change in Terms and Conditions they can terminate this Agreement using the procedure as set out in the "Your termination of this Agreement" section. All Customers will be notified in writing 10 days in advance of any changes to the prices within the Alertacall Service Schedule. 11 INTELLECTUAL PROPERTY OWNERSHIP All trademarks, copyrights and other intellectual property rights in the design and contents of the Alertacall web site, our literature, our equipment, our processes, our systems and know-how are reserved to Alertacall Limited and its licensors. Any copying or unauthorised use of our trademarks, copyrights, intellectual property rights or designs will infringe our rights and its licensors rights under international treaty and English law. 12 DATA PROTECTION AND PRIVACY NOTICE 12.1 We may use the information Customers provide through Registration together with other information for processing applications, administering the Customer's relationship with us, marketing, risk assessment profiling and helping determine other services the Customer may be interested in. 12.2 Customer's information may be disclosed to our agents and service providers in the course of providing the Customer with services, but they will not be granted permission to use it other than in connection with providing the services they are contracted to provide. 12.3 In the event that Alertacall Limited, our 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 we can transfer all data held on them to that parent company, subsidiary, service provider or successor provided their usage of Customer data are broadly in line with our own. 12.4 We recognise the importance of Customer details and make every effort to keep them secure. Except in the circumstances permitted by this notice, the details Customers provide to us will never be sold, leased, or passed to any other party for any reason without the Customer's consent unless they are otherwise informed of and agree to the contrary at the time of Registration. 12.5 We reserve the right to forward Customers details and any information they have supplied to us when: required to do so by law acting in good faith to preserve the rights of Customers upholding our Terms and Conditions permitted to do so under the Data Protection Act. 12.6 Customers have a right to ask for a written copy of the information we have about them (for which we make a charge of £5.00 inclusive) and to have inaccuracies corrected. 12.7 We monitor and analyse the overall use of all our services to help determine trends so that we can better develop and enhance the services we provide. Data pertaining to Customer's use of our services may be used anonymously in this analysis. 12.8 We and this notice may be subject to applicable legislation, regulations and codes of practice. To the extent that this notice exceeds our minimum obligations under National legislation, this notice serves as a documentation of our voluntarily self-imposed standards. While we are determined to meet those standards as best we can, to the extent permitted by law, we are not liable if it does not adhere to any of its voluntarily self-imposed standards or for any loss, liability, cost, expense or damage arising as a result of our failing to meet a voluntarily self-imposed standard in this notice. 13 REFERRAL SCHEMES 13.1 If a Customer chooses to participate in any of our referral schemes this does not make them an employee or an agent of Alertacall Limited. Details of the current referral scheme schemes will be made available on the Alertacall web site from time to time. 13.2 Unless otherwise stated benefits accrued using our referral schemes can only be set against a Customers Alertacall account and any anticipation of benefits by the Customer will not be accepted as a reason for the Customer to delay making payment for any Alertacall services that may have been used. 13.3 Unless otherwise stated any benefits derived by introducing new customers to Alertacall will only continue to be paid for the period defined in the referral scheme - so long as the new customer referred continues using and paying for Alertacall services as defined in the referral scheme for that period. 13.4 Unless otherwise stated all referral schemes will have a time limit on them, and a minimum and maximum amount that can be awarded to you as a benefit. This time limited can be altered at the discretion of the Alertacall Directors without notice. 13.5 There is only one opportunity for a new Customer to name an existing Customer as their referrer and this is at the time they first provide their Registration details for Alertacall services. 13.6 If an existing Customer would like to receive referral benefits it is their responsibility to ensure the new Customer provides their referrers details at the point at which they complete Registration for Alertacall services for the first time. If they do not enter an existing Customers details as referrer the first time they go through Registration the referrer will not be entitled to any referral scheme benefits. There will be no "back dating" or retro placing of referrers or benefits whatsoever. 13.7 By taking part in any of our referral schemes Customers accept that we will make reasonable efforts to accurately record who says referred them and that referrals will be based on information held by our systems and in our records and not those of anyone else. 13.8 All Customers agree not to use "spamming" techniques or unsolicited commercial email to recruit new Customers to Alertacall, and accept that if Alertacall has reason to suspect this has taken place, the Customer will not qualify for any benefits from those referrals or any further benefits from people who they have previously referred. If a Customer's use of Alertacall services is suspended or this Agreement is terminated all right to any benefits you may have derived from any referral schemes will cease immediately. 13.9 We reserve the right to terminate Customers access to benefits from new referrers without notice and do not accept any liability or responsibility whatsoever for any costs, expenses or loss (including loss of profits, contracts, software or data, or any consequential loss) which may arise from terminating a Customer's access to benefits from new referrals. Access to referral scheme benefits is entirely at the discretion of Alertacall. 14 COMPETITIONS 14.1 From time to time Alertacall may run one or more "Competition Events" either a competition, free prize draw or "a give away" to win one or more prizes. These may be advertised on the company web sites or in some other way. 14.2 Competition Events are not open to any employees or contractors of Alertacall or their families or anyone outside the United Kingdom. Prizes can only be awarded to people living within the United Kingdom. 14.3 A single person can only enter any single Competition Event once. Where an email address is used to determine a Competition Event entrant and Alertacall has reason to believe one person has entered a Competition Event multiple times using multiple email addresses Alertacall has the right to preclude any of those email addresses from taking part in the Competition Event entirely at its discretion. 14.4 Where the prize in a Competition Event is a FREE subscription to any Alertacall service the prize winner is required to agree to all the relevant Terms and Conditions of that service including agreeing to pay for any additional Safety Confirmation Routines required above and beyond those already provided with the service as standard or any additional costs beyond the standard service. 14.5 Competition Event prizes have no cash value. If an entrant wins a prize they are not entitled to cash compensation or any cash alternative. If it transpires that a winner cannot make use of the prize for any reason they are not entitled to transfer their prize to anyone else and forfeit their right to the prize. Prize winners must claim their prize within 20 days of being notified of winning or they will lose their entitlement to that prize.
