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Please read our terms and conditions carefully. Designed to protect you every minute of every day and give peace of mind that your details are safe with us.

Legal / Terms and Conditions

The System – The emergency call monitoring system.

Us – The Call Alert Partnership (CAP)

We - The Call Alert Partnership (CAP)

You – the individual who reads and must agree to all the terms and conditions set out in this document

Customer – For the purpose of this document, this references ‘You’. An individual who has agreed to all the terms and conditions and has taken out a call monitoring contract for no less than twelve (12) months.

1. Our Obligations

1.1 On the understanding that you, agree and adhere to the customer obligations set out in these terms and conditions, CAP will:

(a) Will respond to and action any emergency call received at the monitoring station. This service will be active during the subscription / contract period. We are not liable for the upkeep of the telephone system, telephone line, non provided telephone equipment or associated hardware/mechanisms.

(b) During an emergency alarm call initiated by a customer, we shall take the appropriate action dependant on the given circumstances including (but not limited to) contacting your nominated contacts, Doctor or emergency services. However, if no response is given during a two way conversation where the monitoring operator is attempting to communicate with the customer then the action may be limited to contacting your nominated contacts.

(c) Provide maintenance services which shall: * Diagnose and the repair or replacement of the System (or any part of it) made necessary by normal wear and tear. We will to respond to a request and carry out any required repair or replacement promptly within a reasonable time period. However, maintenance required as a result of: (1) modifications or additions to the System made by you or a none authorised third party; (2) misuse or neglect of or accident to the System; (3) your failure to follow our (or the manufacturer’s) instructions or advice; (4) defects in the electricity supply, telephone service, connections or equipment, cabling, junction boxes, ducting etc; or (4) damage caused by an insurable event (for example fire, flood, storm, theft etc), may be charged at an additional cost.

2. Your Obligations

2.1 You will:

(a) Upon receipt of the Call Alert Telecare System, set up and configure the Call Alert Telecare System. Once configuration is complete you must perform a test of the system by activating the emergency pendant to ensure that the system is in good working order. Failure to do so negates any liability on our part with respects to not responding to a non working Call Alert Telecare System.

(b) Allow our Customer Contact Advisor and Engineer access to the property for the purposes of installation (if applicable) and ongoing maintenance as required and arrange for easy access to the position where the System is to be installed.

(c) Make arrangements with a telephone provider (eg BT) or other supplier as may be necessary for the provision and maintenance of a telephone line and pay all sums due and comply with the terms of those arrangements. Please note that the monitoring contract does not provision the installation of a phone line. This must be provided by the customer at the customer’s cost. If an existing active phone line is already in place then this can be used (recommended).

(d) Ensure that your telephone provider is able to dial 0844 numbers. Some providers such as Talk Talk may prevent access to such numbers in order provide 24/7 free phone calls. If such a scenario exists you must call your phone provider to lift the bar on 0844 (local call rate) numbers.

(e) Ensure that your telephone number is not withheld when calling the emergency response centre via the medical alarm. To prevent this, the Call Alert Telecare System is configured to present your phone number (if witheld) to the emergency response centres but there may be a small delay compared to a telephone line that is already configured not to withold its telephone number.

(f) Ensure that you have a BT type telephone jack socket and the provision of mains electrical capable of 13amp power output.

(g) Provide all relevant medical details prior to the initiation of the subscription service as these details will be passed on to the doctor/emergency services if their presence has been determined as a requirement.

(h) Provide us with the name and contact details of at least 1 person to act as nominated contact(s) who we may contact to come to your aid in the event of an emergency alarm call. It is your responsibility to obtain the prior consent of those persons to the disclosure of their personal details to us and to us contacting them in the event of an emergency alarm call. It is recommended that you have at least two nominated contacts.

(i) Provide your nominated contacts the ability to access and enter your property (or provide key access to a doctor or emergency services) in the event of an emergency call out. To facilitate this ability you may have to provide them with a key or some other means to access the property. CAP will accept no liability for any damage (of any kind) to the property or theft from the property arising from the actions of nominated contacts (including Doctor or Emergency Services) while they have access to your property.

(j) Ensure that the remote caller battery (forms part of the System) is charged and that the remote is active. We would also recommend that the battery is replaced every six months.

(k) Ensure that the emergency dialer (forms part of the System) is powered and connected to an active phone line.

(l) Report any fault, problem, damage, loss or theft of the System as soon as possible by telephoning 0871 234 2828 at any time and permit us to take any steps as we consider appropriate for repair or replacement;

(m) Notify us promptly by calling our customer services team on 0871 234 2828 in the event: i. of any changes to your address, telephone numbers or key holders (and of any changes to their contact details);Medical details and key safe details as necessary. ii. that you or any of your key holders go away on holiday or will be away from home or un-contactable for any other reason for any period of time;

(n) Pay the charges in accordance with section 3.

(o) Broadband Users: Please be aware that a microfilter device must be fitted between the System and the phone socket that the System will be plugged into. Failure to do so will result in the System being rendered inoperable during the time window where no microfilter is in place. In addition to this it may also adversely impact the performance of your broadband connection until a microfilter has been put in place. Please consult your telephone network provider or a relevant computer hardware store in order to obtain a microfilter if one is not already available. Please note that this requirement pertains to any telephone device that connects to a phone line that has ADSL broadband enabled.

2.2 You acknowledge and accept that:

(a) It is your sole responsibility to ensure that you are wearing or carrying the remote control button (emergency pendant) at all times.

(b) The remote control button will be tested in your home environment to establish a working range that would normally cover the area of an average house and surrounding area (if applicable).

3. Payment

(a) You will pay the charges as set out in your agreement of the subscription for the agreed length of time (12 months). However, there is a 14 day ‘cooling’ period where the customer may cancel within this period without paying any penalties or ongoing costs. However, it is required that the customer return the System at their cost within 14 days of their cancellation time. Failure to return the system within time frame will result in an additional charge of £99.99 minus any deposit being lodged against the customer to cover the cost of the missing system.

(b) All charges are inclusive of VAT (20%) which must be paid by you with the relevant charges, unless you qualify to sign the exemption declaration during the subscription purchase.

(c) We reserve the right to suspend or terminate the performance of our obligations under these terms and conditions if payments remain outstanding after we have followed all amicable means to obtain payment unsuccessfully.

(d) We reserve the right to change your subscription charges and will give you sixty [60] days notice in writing of our intention to do so.

3.1

If, following the 14 days cooling period and the customer fails to pay the ongoing subscription fee (if applicable) during the minimum contract period (12 months) and we have followed all amicable means to obtain payment unsuccessfully:

a) The customer may be charged for the remaining balance of the contract.

b) The customer will be charged for the system if not sent back to us within a reasonable period of time (14 days).

Please note that these charges within 3.1 will only applied as a last resort if no amicable solution is reached by both parties (You and Us).

4. Ownership and Use of the System

We are providing the System to you on a rental basis until the 12 month of the subscription. This means that it will at all times during the initial 12 months of the subscription contract it will belong to us. You agree that you will:

(a) Not sell, dispose of or part with possession of the System

(b) Use and operate the System with reasonable care and in accordance with the instructions provided by us as necessary.

(c) Be responsible for insuring the System for its full replacement value.

5. Your Personal Information

(a) We will store your personal details (which may include your medical history) securely on our database and in accordance with the Data Protection Act 1988 and, except in the circumstances set out in (b) below.

(b) You consent to us disclosing your personal details (including but not limited to name, address, telephone number, doctor’s details and medical history) to the emergency services (and any other third party as may be necessary) in the event that we receive an emergency alarm call.

(c) You acknowledge and accept that we may record telephone conversations we have with you for training, quality control and security purposes.

(d) Your details will not be given to any third party unless deemed appropriate in an emergency situation. Third party entities may include (but not limited to) emergency personnel (eg ambulance), doctor or nominated contact.Your details will not be used by any third party for marketing purposes.

6. Your Right to Cancel

(a) You have the right to cancel the agreement between us and you at any time up to the end of 14 workings days after delivery of the System.

(b) If you cancel the contract within 14 days we will refund any payment you have made within thirty [30] days.

(c) If following 14 days but see applicable charges within Section 3.

7. Our Liability

7.1 To the fullest extent permitted by law, we shall not be liable for consequential, indirect or special loss, damage or injury of any kind.

7.2 Subject to paragraph 7.1, to the fullest extent permitted by law, our total liability in respect of these terms and conditions shall not exceed the total amount of fees and/or subscription payments paid by you during the twelve (12) months immediately prior to the event giving rise to the alleged claim.

7.3 We shall not be liable to you by reason of any matter outside of our reasonable control including without limit acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce).

7.4 Nothing in this paragraph 7 shall limit our liability for death or personal injury and no provision of these terms and conditions shall adversely affect your statutory rights as a consumer.

8. Termination

8.1 We shall be entitled to terminate the agreement with you set out in these terms and conditions by providing thirty (30) days notice to you. Termination by us will only be carried out in circumstances such as none payment of the subscription service or other breach of the terms and conditions set in this document. Note, the customer may not terminate until the minimum contract period has expired. Once expired the customer may terminate by giving us thirty (30) days notice.

8.2 Please be aware CAP will be entitled to terminate the service if you breach any of the terms and conditions set out in this document and that failure to keep up with payments may result in disconnection of the service In the event that we decide to terminate, we will notify you in writing and the amount of notice we give you will be the standard 3 month term.

8.3 In event of termination (by either party) you will be required to return the System to us within fourteen [14] days of the final termination date. In the event that we are unable to recover the System from you we shall be entitled to charge you a sum of no less than £99.99 that is considered the current value of the System.

8.4 In the event of termination under paragraph 8.1 only:

(a) We will refund to you (within 30 days of termination) any subscription fees you have paid in advance which relate to a period extending beyond the date of termination; 8.4 The contract between the customer and us is non-transferrable unless permission has expressively been authorised by us - The Call Alert Partnership.

9. Change of contract

9.1 We reserve the right to change the terms and conditions of the contract unless otherwise specified between you and us giving 30 days notice before the changes are applied.

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