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The end user agreement to use Alertacall Limited services
END USER AGREEMENT TO USE ALERTACALL LIMITED SERVICES BETWEEN:
1. ALERTACALL LIMITED (“Alertacall” or “the Company”) whose registered office is situated at 45 Crescent Road, Windermere, LA23 1BL. Company Registration Number: 05145094
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 answering-machine 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.
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 GUARANTEE
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 45 Crescent Road, Windermere, Cumbria, LA23 1BL. 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 7 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.
42. 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.
43. 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.
44. 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.
45. The validity, construction and performance of this agreement shall be governed by English law.