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Purchase Terms and Conditions



Website Supply Terms

These terms and conditions (together with our Privacy Policy and Conditions of Use) provide information about us and the legal terms and conditions (Terms) on which we will supply any of the services (Services) listed on our website (our site) to you.

These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services through our site.

Please note that before placing an order you will be asked to agree to these Terms.


YOU WILL BE ASKED TO TICK THE BOX TO CONFIRM THE TERMS BEFORE YOU CAN BUY. IF YOU REFUSE TO ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO ORDER ANY SERVICES FROM OUR SITE.


You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.

Where in these Terms we refer to “you” or “your” we mean you and any person for whose use you have ordered the Services.

When you place an order with us, a contract is made between you and us if and when we send you a Services Confirmation (see clause 7.4 below). If you are not the person who will use the Services, you must ensure that the user is made aware of and complies with the obligations set out in these Terms.

EVEN IF YOU ARE NOT THE USER OF THE SERVICES, YOU WILL STILL BE RESPONSIBLE FOR ENSURING THAT THESE TERMS ARE COMPLIED WITH AS OUR CONTRACT IS WITH YOU. THIS MEANS THAT, EVEN IF YOU HAVE AGREED WITH SOMEONE ELSE THAT THEY WILL PAY OUR CHARGES, YOU WILL BE LIABLE TO PAY US IF THAT OTHER PERSON DOES NOT DO SO.

These Terms, and any Contract between us, are only in the English language.

INFORMATION ABOUT US

We operate the website www.indeme.co.uk. We are Tunstall Healthcare (UK) Limited, a company registered in England and Wales under company number 1332249 and with our registered office and main trading address at Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR. Our VAT number is 182879709.

To contact us, please see our section 17.2 for full contact information.

EQUIPMENT

In order for you to receive the Services, appropriate equipment (Equipment) will have to be installed in your home.

At no time will you own the Equipment. At all times during and after our provision of Services to you, we will own the Equipment.

The Equipment has software embedded within it. All copyright and other intellectual property rights in the software will continue to be owned by Us. However, we grant to you a perpetual, irrevocable licence to use the software during the time that you are receiving the Services from us. Except as may be allowed by law, You must not (and not permit any third party to) copy, adapt, reverse engineer, decompile, reverse compile, disassemble or modify all or any part of the software.

You must take reasonable care of the Equipment and you must not remove it from your home other than to return it to us when our Contract with you comes to an end.

When we stop providing Services to you, you must return the Equipment to us.

The Equipment includes the smoke detector equipment supplied under clause 3.3, the carbon monoxide detector equipment supplied under clause 3.4 and the Ivi fall detector equipment supplied under clause 3.5 where you take those services from us.

OUR SERVICES

Installation

You will be able to install the equipment yourself using our step by step instructions. 

ONCE YOU HAVE INSTALLED THE EQUIPMENT, YOU MUST TEST IT IN ACCORDANCE WITH OUR STEP BY STEP INSTRUCTIONS. IF YOU DO NOT CARRY OUT THAT TEST, IT IS POSSIBLE THAT THE EQUIPMENT MAY NOT WORK PROPERLY AND YOU MAY NOT BE ABLE TO RECEIVE THE SERVICES.

If you are unable to install the Equipment yourself we can install it for you, but to do so, you must allow us into your home. If you want us to install the Equipment for you, you will need to call us on 0330 123 3303 to arrange an appointment.

WE WILL MAKE AN ADDITIONAL CHARGE (WHICH IS SET OUT ON OUR WEBSITE) WHERE WE INSTALL THE EQUIPMENT FOR YOU.

Where we install:

We will carry out the installation between the hours of 9am to 5pm Monday to Friday excluding all public and bank holidays;
Our Installers will always carry identification badges. They will attend at your home on the agreed date and carry out the Installation which shall consist of:

  • plugging the Telecare base unit into the mains power outlet and telephone outlet subject to the telephone outlet and mains power outlet being within 2 metres of each other;
  • carrying out the physical installation of the appropriate peripheral sensors including fixing materials (wall plugs and screws);
  • carrying out programming of peripheral sensors to the Telecare Base Unit;
  • carrying out testing and commissioning of the completed Product Installation;
  • completing a Test Call to the Response Centre;
  • explaining and demonstrating how the Telecare system functions, the necessary connections to the telephone and mains electricity, battery changing, etc., the purpose of all controls and indicators and the type of reassurance and response provided;
  • explaining to you;
    • all the necessary operations and ensuring you can carry them out; and
    • the need for regular testing and the use of test calls
  • Describing to you any condition or other equipment or service likely to inhibit or degrade the proper functioning of the monitoring equipment.
  • Providing you with standard Telecare Service documentation including contact details e.g. fault reporting number and an outline description of the Equipment.
  • In order to receive the Services, you must:
    • Have in place a telephone land line to which the Equipment will be connected. It is your responsibility to pay for and maintain that line throughout the time that the Services are being provided. We will not be liable for the provision of the Services during any time when the telephone line is not in place or working.
    • ensure that our engineers can have access to your home in order to install the Equipment unless you have arranged to install it yourself.
  • We will call you to make an appointment to carry out the Installation. In circumstances where our installer is unable to install Equipment due to circumstances outside of our control (for example: the absence of a suitable telephone line or no access can be gained to your home), we reserve the right to charge you for some or all of the costs of the visit.

Monitoring 

We will provide to you the following monitoring service or such other service and facilities as we consider appropriate from time to time to monitor alarm calls made by you (“the Monitoring Service”):-

  • We will provide a service to receive alarm calls sent by you by means of the alarm calls facility of the Equipment.
  • As soon as is practicable after it has been received we will relay the alarm call at our discretion to your named emergency contact.
  • We may also, at our absolute discretion, supply anybody we notify with details of your doctor and/or nominated keyholder and/or your personal circumstances.
  • We will base the exercise of our discretion on our understanding of the degree of the emergency of each case following verbal contact with you and on the details of your personal circumstances. In exercising our discretion we shall also be entitled to take into account all other relevant information known to us.
  • If we cannot establish verbal contact with you, we will treat the alarm call as a request to notify the appropriate emergency contact
    We will at all times be acting solely as your agent in notifying any emergency contact. This means that we accept no liability for any consequences following a request for assistance made by us following an alarm call, including charges made by an emergency service or emergency contact.
  • Our obligations under the Monitoring Service shall not under any circumstances extend beyond the obligation to receive and relay alarm calls as set out above. We shall not be liable directly or indirectly for the failure of any third party (e.g. any emergency service, emergency contact, keyholder or doctor) to respond appropriately when we notify them of the alarm call.
  • We will treat all information received by us relating to your keyholder and emergency contacts as confidential but we reserve the right to disclose this information about you if we think fit to any doctor, keyholder, emergency contact or emergency service in connection with the Monitoring Service.
  • You must not abuse or permit any other person to abuse the Monitoring Service by making persistent calls without reasonable cause.
  • You must keep us fully informed of any changes to your personal information.
  • You must notify us of any details we request concerning emergency contacts, keyholders and doctors who may be contacted by us under the Monitoring Service in an emergency and to any changes of them. You must ensure that the persons you name as emergency contacts, keyholders and doctors are aware that they have been so named and that they agree with their name being used for this purpose. We may terminate the services to you if you do not keep this information up to date.

Smoke Detection

AS THE SMOKE DETECTOR SERVICE USES THE SAME EQUIPMENT PROVIDED BY US TO LET YOU USE THE MONITORING SERVICE, YOU CANNOT USE THE SMOKE DETECTOR SERVICE UNLESS YOU ARE ALSO USING THE MONITORING SERVICE.

We will provide to you the following service or such other service and facilities as we consider appropriate from time to time to monitor alarms made by smoke detector equipment that we provide to you (“the Smoke Detector Service”):-

  • We will provide a service to receive alarms sent by the smoke detector equipment.
    As soon as is practicable after it has been received we will relay the alarm at our discretion the emergency services and/or to your named emergency contact.
  • We may also, at our absolute discretion, supply anybody we notify with details of your nominated keyholder and/or your personal circumstances.
  • We will base the exercise of our discretion on our understanding of the degree of the emergency of each case following verbal contact with you and on the details of your personal circumstances. In exercising our discretion we shall also be entitled to take into account all other relevant information known to us.
  • If we cannot establish verbal contact with you, we will treat the alarm call as a request to notify the emergency services and your emergency contact.
  • We will at all times be acting solely as your agent in notifying the emergency services or any emergency contact. This means that we accept no liability for any consequences following an alarm, including charges made by an emergency service or emergency contact.
  • Our obligations under the Smoke Detector Service shall not under any circumstances extend beyond the obligation to receive and relay alarms as set out above. We shall not be liable directly or indirectly for the failure of any third party (e.g. any emergency service or emergency contact) to respond appropriately when we notify them of the alarm.
  • We will treat all information received by us relating to your keyholder and emergency contacts as confidential but we reserve the right to disclose this information about you if we think fit to any emergency contact or emergency service in connection with the Smoke Detector Service.
  • You must not abuse or permit any other person to abuse the Smoke Detector Service by persistently triggering the alarm without reasonable cause.
  • You must keep us fully informed of any changes to your personal information.
  • You must notify us of any details we request concerning emergency contacts and keyholders who may be contacted by us under the Smoke Detector Service in an emergency and to any changes of them. You must ensure that the persons you name as emergency contacts and keyholders are aware that they have been so named and that they agree with their name being used for this purpose. We may terminate the services to you if you do not keep this information up to date.

Please Note: the Smoke Detector Service does not include the cost of replacement batteries.

You can purchase replacement batteries from us.

If you choose to buy the batteries from someone else, you must use a CR2450 3 Volt lithium battery and should use only Tunstall approved batteries.

3.4 Carbon Monoxide Detection

AS THE CARBON MONOXIDE DETECTOR SERVICE USES THE SAME EQUIPMENT PROVIDED BY US TO LET YOU USE THE MONITORING SERVICE, YOU CANNOT USE THE CARBON MONOXIDE DETECTOR SERVICE UNLESS YOU ARE ALSO USING THE MONITORING SERVICE.

We will provide to you the following service or such other service and facilities as we consider appropriate from time to time to monitor alarms made by carbon monoxide detector equipment that we provide to you (“the CO Detector Service”):-

  • (a) We will provide a service to receive alarms sent by the carbon monoxide detector equipment.
  • (b) As soon as is practicable after it has been received we will relay the alarm to the gas transmission service operator and to your named emergency contact.
  • (c) We may also, at our absolute discretion, supply anybody we notify with details of your nominated keyholder and/or your personal circumstances.
  • (d) In notifying the gas transmission service operator and your named emergency contact we shall be entitled to take into account all relevant information known to us.
  •  
    (e) We will at all times be acting solely as your agent in notifying the gas transmission service operator or any emergency contact. This means that we accept no liability for any consequences following an alarm, including charges made by the gas transmission service operator, an emergency service or emergency contact.
  • (f) Our obligations under the CO Detector Service shall not under any circumstances extend beyond the obligation to receive and relay alarms as set out above. We shall not be liable directly or indirectly for the failure of any third party (e.g. the gas transmission service operator, any emergency service or emergency contact) to respond appropriately when we notify them of the alarm.
  • (g) We will treat all information received by us relating to your keyholder and emergency contacts as confidential but we reserve the right to disclose this information about you if we think fit to the gas transmission service operator, any emergency contact or emergency service in connection with the CO Detector Service.
  • (h) You must not abuse or permit any other person to abuse the CO Detector Service by persistently triggering the alarm without reasonable cause.
  • (i) You must keep us fully informed of any changes to your personal information.
  • (j) You must notify us of any details we request concerning emergency contacts and keyholders who may be contacted by us under the CO Detector Service in an emergency and to any changes of them. You must ensure that the persons you name as emergency contacts and keyholders are aware that they have been so named and that they agree with their name being used for this purpose. We may terminate the services to you if you do not keep this information up to date.

Please Note: the CO Detector Service does not include the cost of replacement batteries.

You can purchase replacement batteries from us.

If you choose to buy the batteries from someone else, you must use a CR2450 3 Volt lithium battery and should use only Tunstall approved batteries.

3.5 Ivi Fall Detector

AS THE FALL DETECTOR SERVICE USES THE SAME EQUIPMENT PROVIDED BY US TO LET YOU USE THE MONITORING SERVICE, YOU CANNOT USE THE FALL DETECTOR SERVICE UNLESS YOU ARE ALSO USING THE MONITORING SERVICE.

We will provide to you the following fall detector service or such other service and facilities as we consider appropriate from time to time to monitor alarm calls made by you from the Ivi Fall Detector equipment that we provide to you (“the Fall Detector Service”):-

  • (a) We will provide a service to receive alarm calls sent by you by means of the Ivi Fall Detector equipment. The alarm may be caused by you pressing the help button on the Ivi equipment or when a fall is detected by the Ivi equipment.

PLEASE NOTE: DUE TO THE WIDE VARIETY AND TYPES OF FALL, NOT ALL FALLS MAY BE DETECTED BY THE Ivi FALL DETECTOR. IF YOU ARE ABLE TO DO SO, YOU SHOULD PRESS THE “HELP BUTTON” ON THE Ivi EQUIPMENT EVERY TIME THAT YOU FALL.

  • (b) As soon as is practicable after it has been received we will relay the alarm call at our discretion to your named emergency contact.
  • (c) We may also, at our absolute discretion, supply anybody we notify with details of your doctor and/or nominated keyholder and/or your personal circumstances.
  • (d) We will base the exercise of our discretion on our understanding of the degree of the emergency of each case following verbal contact with you and on the details of your personal circumstances. In exercising our discretion we shall also be entitled to take into account all other relevant information known to us.
  • (e) If we cannot establish verbal contact with you, we will treat the alarm call as a request to notify the appropriate emergency contact.
  • (f) We will at all times be acting solely as your agent in notifying any emergency contact. This means that we accept no liability for any consequences following a request for assistance made by us following an alarm call, including charges made by an emergency service or emergency contact.
  • (g) Our obligations under the Fall Detector Service shall not under any circumstances extend beyond the obligation to receive and relay alarm calls as set out above. We shall not be liable directly or indirectly for the failure of any third party (e.g. any emergency service, emergency contact, keyholder or doctor) to respond appropriately when we notify them of the alarm call.
  • (h) We will treat all information received by us relating to your keyholder and emergency contacts as confidential but we reserve the right to disclose this information about you if we think fit to any doctor, keyholder, emergency contact or emergency service in connection with the Fall Detector Service.
  • (i) You must not abuse or permit any other person to abuse the Fall Detector Service by persistently pressing the “Help Button" without reasonable cause.
  • (j) You must keep us fully informed of any changes to your personal information.
  • k) You must notify us of any details we request concerning emergency contacts, keyholders and doctors who may be contacted by us under the Fall Detector Service in an emergency and to any changes of them. You must ensure that the persons you name as emergency contacts, keyholders and doctors are aware that they have been so named and that they agree with their name being used for this purpose. We may terminate the services to you if you do not keep this information up to date.

Please Note: You must replace the batteries in the Ivi Fall Detector when the red light flashes on the Fall Detector. The Fall Detector Service does not include the cost of replacement batteries.

You can purchase replacement batteries from us.

If you choose to buy the batteries from someone else, you must use a CR2450 3 Volt lithium battery and should use only Tunstall approved batteries.

3.3 Service Interruption

In the unlikely event of the Services being interrupted due to equipment problems, you must call us on 0330 123 3303 to tell us about the problem. We will send replacement Equipment to you that you will need to install in accordance with our step by step instructions.

You must call us as soon as you notice any damage, defect, fault or other failures in the Equipment. You must not allow any person other than our employees or agents to adjust, alter, repair or interfere with the Equipment in any way.

Replacement of batteries is excluded from the Service. We will make an additional charge where batteries need to be replaced. You should not make any attempt to replace batteries yourself.

We will make an additional charge to you if the equipment problem is caused by:-

  • (i) damage, defect, fault or other failure caused by the use of the Equipment in conjunction with additions, accessories or attachments not supplied by Us.
  • (ii) damage, defect, fault or other failure caused by your negligence or improper use of the Equipment

You must not abuse or permit any person to make unnecessary requests for replacement equipment. We may charge you all or part of the costs where, in our reasonable opinion, your request for replacement equipment was unnecessary.

USE OF OUR WEBSITE

Your use of our website is governed by our Conditions of Use. Please take the time to read these, as they include important terms which apply to you.

HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information and any other information that you supply to us in accordance with our Privacy Policy and to enable us to provide the Services to you. For details, please see our Privacy Policy which can be found at www.indeme.co.uk. Please take the time to read these, as they include important terms which apply to you.

Tunstall Healthcare (UK) Limited of Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR is the data controller for the purpose of the Data Protection Act 1998 as amended or updated by the General Data Protection Regulation ((EU)2016/679).

Full details of the circumstances in which we may use your information can be found in our Privacy Policy. If you do not wish us to process your personal data, you should not enter into a contract with us for the supply of the Services or, if you have already entered into such a contract, you should terminate it. PLEASE NOTE: WE CANNOT PROVIDE THE SERVICES WITHOUT PROCESSING YOUR PERSONAL DATA.

If we want to use your personal data for any other reasons, we must ask for your express consent to do so.
Please address any questions, comments and requests regarding our data processing practices to Tunstall Healthcare (UK) Ltd, Whitley Lodge, Whitley Bridge, Yorkshire, DN14 0HR or email enquiries@tunstall.co.uk.

CONSUMER RIGHTS

This clause 6 applies to you as a consumer.

As a consumer, you may only purchase Services from our site if you are at least 18 years old.

As a consumer, you have legal rights in relation to the Services if they are not provided with reasonable care and skill and within a reasonable time. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

For the steps you need to take to place an order on our site, please visit www.indeme.co.uk and follow the link to the shopping basket.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

fter you place an order, you will receive an e-mail from us acknowledging that we have received your order and asking you to provide us with further information. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4. PLEASE NOTE THAT WE ARE UNABLE TO PROVIDE SERVICES TO YOU UNTIL YOU PROVIDE US WITH THE FURTHER INFORMATION THAT WE REQUEST.

We will confirm our acceptance of your order by sending you an e-mail that confirms that we agree to provide the Services to you (Services Confirmation). The Contract between us will only be formed when we send you the Services Confirmation.

If we are unable to supply you with Services, for example because the equipment needed to receive the Services you require is not in stock or no longer available or because of an error in the charges on our site, we will inform you of this by e-mail and we will not process your order.

OUR RIGHT TO VARY THESE TERMS

We may revise these Terms from time to time in the following circumstances:

  • changes in how we accept payment from you;
  • changes in relevant laws and regulatory requirements; or
  • other circumstances where we think that it is of benefit to the way that we supply our Services.

Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.

If we have to revise these Terms as they apply to an ongoing Contract between us, we will contact you to give you reasonable advance notice of the changes. If you are not happy with the changes, you may terminate the Contract by giving us 2 months’ notice in the way set out in clause 17.3 and the changes will not apply to the Contract.

YOUR CONSUMER RIGHT OF REFUND

This clause 9 only applies to you as a consumer.

As a consumer, you have a legal right to cancel a Contract without giving any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

Your legal right to cancel a Contract starts from the date of the Services Confirmation, which is when the Contract between us is formed. Your right to cancel ends 14 days after the date of the Services Confirmation.

To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form set out in clause 9.12 below, but you are not obliged to do so. Please contact us in writing to tell us that you have decided to cancel. This can be done in any effective way, including by
sending an e-mail to customerservice@indeme.co.uk or
by sending or hand-delivering a letter to Indeme Customer Service, Tunstall Healthcare (UK) Limited at Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR; or
by telephoning us on 0330 123 3303.

You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you hand deliver your cancellation notice, then your cancellation is effective from the date that you leave it at our premises. If you telephone us to cancel the Contract, then your cancellation is effective from the time of the telephone call. If you fax your cancellation notice to us, then your cancellation is effective from the date of the fax.

To meet the cancellation deadline, it is enough that you have sent your cancellation notification before the end of the cancellation period.

You will receive a full refund of any charges you have paid for the Services and any applicable registration or other charges you paid. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 9.3.

We refund you on the credit card or debit card used by you to pay our Registration Fee.

Details of your legal right to cancel and an explanation of how to exercise it are provided in the Services Confirmation.
Because you are a consumer, we are under a legal duty to supply Services that conform with the Contract. This means that we must provide you with Services that match what is written in these Terms.

As a consumer, you will always have legal rights in relation to Services that are not carried out with due care and skill or not carried out within a reasonable time. These legal rights are not affected by the cancellation rights set out in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
An example cancellation form is as follows:

Model Cancellation Form

To: IndeMe Customer Service, Tunstall Healthcare (UK ) Limited, Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR
email: customerservice@indeme.co.uk
I/We hereby give you notice that I/We cancel my/our contract for the supply of the following service ordered on [insert date of order]
[INSERT NAME OF SERVICE]
[INSERT YOUR NAME]
[INSERT YOUR ADDRESS]
[YOUR SIGNATURE] only necessary if this form is notified on paper.
[DATE]

COMMENCEMENT OF SERVICES

We will commence the Services as soon as the Equipment has been installed and connected to the Monitoring Centre. The Equipment will be delivered to you by the estimated delivery date set out in the Services Confirmation, unless there is an Event Outside Our Control. The estimated delivery date will be as soon as is reasonably practicable after the end of the cancellation period described in clause 9.2 above. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date. PLEASE NOTE THAT WE ARE UNABLE TO DISPATCH THE EQUIPMENT TO YOU UNTIL YOU PROVIDE US WITH THE FURTHER INFORMATION THAT WE REQUEST.

If no one is available at your address to take delivery, we will leave you a note that the Equipment has been returned to our premises, in which case, please contact us to rearrange delivery.

Safekeeping of the Equipment will be your responsibility from the completion of delivery.

In order to receive the Services, you will need to install the Equipment by following the instructions given with it. WE CANNOT DELIVER THE MONITORING SERVICE UNLESS THE EQUIPMENT HAS BEEN EFFECTIVELY INSTALLED.

NO INTERNATIONAL DELIVERY

Unfortunately, we do not provide Services to addresses outside the UK.
You may place an order for Services from outside the UK, but this order must be for Services to be provided to an address within the UK.

CHARGES FOR SERVICES AND REGISTRATION CHARGES

The charges for the Services will be as quoted on our website www.indeme.co.uk. We take all reasonable care to ensure that the charges are correct at the time when the relevant information was entered onto the system. However if we discover an error in the charges for the Services you ordered, please see clause 12.6 for what happens in this event.

We may vary the charges for any of our Services from time to time. Where we do so we will provide you with one month’s prior notice of the variation. We will apply the variation automatically from the date notified to you. WHERE WE VARY THE CHARGES FOR THE SERVICES YOU WILL HAVE THE RIGHT TO TERMINATE THE SERVICES IN ACCORDANCE WITH CLAUSE 17.3.

The charges for the Services stated on our website include VAT. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in VAT takes effect.

We will charge VAT in accordance with clause 12.3 unless you are eligible for relief from VAT.

Where you are eligible for relief and wish to claim it you must complete the online declaration form acceptable to HM Revenue & Customs and supplied on our website during checkout confirming that you fulfil all the criteria for eligibility. The declaration must be made separately from your order for the Services that you require.

It is always possible that, despite our reasonable efforts, some of the charges on our site may be incorrect. If we discover an error in the charges we will contact you in writing to inform you of this error and will apply the correct charge from the following month. Please note that if the charging error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Services to you at the incorrect (lower) charge.

HOW TO PAY

You can only pay our Registration Fee and the first charge for the Services through Worldpay using a debit card or credit card.
The first payment for the Services will be greater than the normal monthly payment as it will consist of:

a payment calculated on a pro rata basis in relation to the first month by reference to the date on which the Services commence and the last day of the month (both days inclusive); and

the monthly payment for the month following that in which the Services commence.

You must pay subsequent monthly charges for the Services by direct debit. You agree that you will take all reasonable steps to assist us in collecting the monthly charges by direct debit, including giving appropriate details to us to enable us to set up the appropriate arrangements with your bank and instructing your bank to make such direct debit payments on our request. YOU MUST NOT CANCEL THE DIRECT DEBIT UNTIL THE CONTRACT HAS BEEN TERMINATED. IF YOU DO SO, YOU WILL STILL BE LIABLE TO PAY OUR CHARGES UNTIL THE CONTRACT HAS BEEN PROPERLY TERMINATED. You must ensure that there is an appropriate amount in your bank account to pay the direct debits as they fall due, otherwise we will charge you any additional costs that we incur.

Payment of the Registration charge and the first charge for Services is in advance.

OUR LIABILITY IF YOU ARE A CONSUMER

This clause 14 applies to you as a consumer. We will not enter into a contract with you on these Terms if you are a business.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the

Contract.

We only supply the Services for domestic and private use. You agree not to use the Services or the Equipment for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by section 13 of the Supply of Goods and Services Act 1982 (reasonable care and skill);
  • any breach of the terms implied by section 14 of the Supply of Goods and Services Act 1982 (performance within a reasonable time);

and

  • damage caused by a defect in a product under the Consumer Protection Act 1987.

LIMITATIONS AND EVENTS OUTSIDE OUR CONTROL

We shall not be liable for any failure or delay in providing Services where such failure or delay is caused by:-
Your failure to provide us with accurate details regarding the emergency contacts, keyholders or doctors to be contacted in the event of an alarm call;

  • Your failure to notify us of any changes concerning your personal circumstances or the emergency contacts, keyholders or doctors to be contacted in the event of an alarm call;
  • Your failure to keep the Equipment safe, which shall include your failure to notify us of defects which may require us to provide Repairs;

or

  • Any other breach by you of these terms and conditions.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.3.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Equipment to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

TERMINATION OF SERVICES

We may end the provision to you of the Services where:

  • We are unable to collect the direct debit for our charges on the day it falls due;
  • You abuse the Services by making persistent unnecessary calls;
  • You do not keep up to date the details of your emergency contacts, keyholders and doctors;
  • You do not allow our staff access to the Equipment to carry out Repairs; or
  • You are in breach of any other of these Terms.

We may also end the provision to you of the Services by giving you 2 months written notice that we will no longer provide the Services.
You may end the provision by us of some or all of the Services to you by giving us 2 months written notice that you no longer want us to provide those Services. If you end the Monitoring Service, you will automatically be deemed to have ended the Smoke Detector Service, the CO Service and the Fall Detector Service as well.

Where either of us ends the provision of the Services by giving notice to the other, your obligation to pay for the Services and our obligation to provide the Services will end at the end of the notice period, but until then those obligations will continue.

COMMUNICATIONS BETWEEN US

When we refer, in these Terms, to "in writing", this will include e-mail.
To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you can send your cancellation to us by any effective means, including:

  • by pre-paid post to IndeMe Customer Service, Tunstall Healthcare (UK) Limited at Whitley Lodge, Whitley Bridge, Yorkshire DN140HR
    by e-mailing us at customerservice@indeme.co.uk;
  • by hand-delivering the cancellation to Indeme Customer Service, Tunstall Healthcare (UK) Limited at Whitley Lodge, Whitley Bridge, Yorkshire DN140HR;
  • by telephoning us on 030 123 3303.

You may wish to keep a copy of your cancellation notification for your own records.

If you send us your cancellation notice

  • by pre-paid post, then your cancellation is effective from the day on which it was posted;
  • by e-mail, then your cancellation is effective from the day you sent us the e-mail;
  • by hand-delivery, then your cancellation is effective from the day on which it was left at our premises; or
  • by facsimile transmission (fax), then your cancellation is effective from the day you send the fax to us.
  • If you telephone us to cancel the Contract, then your cancellation is effective from the time of the telephone call.
  • To report a fault, please contact our Customer Services telephone line on 0330 1233303.

For system security reasons, we may use non-geographic telephone numbers to take calls from you. For example: 08 or 03 numbers.
In addition to other charges your telephone service provider may make a charge to you for calls made to non-geographic numbers. Those charges may vary from provider to provider. We therefore recommend that you contact your telephone service provider to find out the charges that you must pay for making calls to our non-geographic numbers.

If you wish to contact us in writing for any other reason, you can do this by e-mail or by pre-paid post to IndeMe Customer Service, Tunstall Healthcare (UK) Limited at Whitley Lodge, Whitley Bridge, Yorkshire DN140HR or customerservice@indeme.co.uk. You can always contact us using our Customer Services telephone line.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

None of our employees or agents are authorised to make any alteration to these Terms or to waive or vary them in any way.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

As you are a consumer, please note that these Terms are governed by English law. This means a Contract for our Services which is made through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
We will not file a copy of the Contract between us.

The European Commission has established a European Online Dispute Resolution platform (ODR platform) which is a web-based platform that is specifically designed to help consumers who have bought goods or services online and subsequently have a problem with that online purchase. It allows consumers to submit their contractual dispute and conduct the ADR procedure online and in any of the 23 official languages of the European Union. You may access the ODR platform through the following link: http://ec.europa.eu/odr