Mindme

Terms and Conditions (for non corporate customers)

1 Definitions

1.1 In these Conditions:
“Agreement” means any contract between us and you for the System incorporating these Conditions;
"Device" means the equipment which is used to send location messages and/or make and receive voice calls
“Monitoring Centre” means the place which receives location messages and voice calls from the Device
“Subscription Charge” means the use of the SIM card and the provision of the website to view locations and set alerts.  If you have paid the additional cost it also includes 24/7 use of our response centre
“FuturePay” is a highly secure service operated by WorldPay to collect from your debit or credit card your subscription on a quarterly basis .You can cancel the agreement at any time.
“Registered Contact” means a member of your family, a friend or neighbour whom you nominate to assist you in an emergency
"Great Britain" means England, Scotland, Wales and Northern Ireland
“We”“Our” and “Us” means Minder Limited trading as MindMe
“You”“Your” or “Yourself” means the customer with whom we make the Agreement
1.2 In these Conditions references to any gender includes all genders and to the plural includes singular and vice versa as the context admits or requires
1.3 Headings are for ease of reference only and do not affect interpretation or construction of these Conditions


2 Application

2.1 The Agreement will be made subject to these Conditions and to the exclusion of all other terms and conditions (whether or not in conflict or inconsistent with these Conditions), contained or referred to in any documentation submitted by you or in correspondence or elsewhere or implied by trade custom, practice or course of dealing
2.2 No variation of these Conditions shall be binding unless agreed in writing between us


3 Agreement

3.1 If you are a consumer you may cancel this agreement and return to us the device with its SIM within twenty-eight days of its delivery to you so long as the device is undamaged and is returned with the original packaging and complete with all the original parts.
3.1.1 you will pay the cost of returning the device to us
3.1.2 we undertake to refund to you any monies paid to us within thirty days of receipt of the returned device subject to clause 3.1.4 (below)
3.1.3 if you have incurred any excessive airtime charges we will deduct the cost from the refund we make to you
3.1.4 if we supplied a roaming SIM card to you we may retain a deposit to cover any roaming airtime charges for a period not exceeding ninety days
3.2 Subject to these Conditions the Agreement shall commence on the date we deliver the Device to you and continue for an initial period of three months
3.3 Thereafter if you do not pay the quarterly Subscription by the due date it will be deemed that you have terminated the Agreement


4 Sale, Risk and Title

4.1 Ownership of the Device will pass to you only when we have received payment in full in cleared funds
4.2 Any dates quoted for the provision or start of the service are approximate and we shall not be liable for any delay in relation to the same however caused
4.3 Delivery of the Device will normally be made by Royal Mail Special Delivery and once signed for becomes your risk.


5 The Device

5.1 We will supply you with a User Guide for the Device.
5.2 You understand and accept that the Device can fail:
5.2.1 if all the instructions and advice contained in the User Guide have not been adhered to and in particular:
5.2.1.1 if the battery power is approaching exhaustion
5.2.1.2 if the GPS engine cannot for any reason receive the signals from three or more satellites
5.2.1.3 if the Device is outside Network Service
5.2.1.4 if the Device has been opened or damaged or abused or has been penetrated by water
5.3 You expressly agree that you use the Device at your sole risk. We (including our employees and agents) do not warrant that the operation of your Device will be uninterrupted or error free
5.4 You agree and accept that failure of the Device does not affect any of the terms conditions or obligations of this Agreement


6 The Response Centre

6.1 We undertake to operate directly or indirectly a Response Centre (RC) in Great Britain 24 hours a day, 365 days of the year
6.2 On receipt of a genuine emergency message from your device we will inform either a registered contact or the appropriate Emergency Service and supply either with the pertinent information available
6.3 You understand and accept that we give no warranty that either your registered contact or an Emergency Service will attend or how long it might take to arrive at the incident.
6.4 In the event of an emergency service being asked to attend we will also inform a registered contact of the incident.
6.5 We do not accept any liability or responsibility if your registered contact or an emergency service does not act upon the information we give them
6.6 You accept and agree that at all times we are acting as your agent and we will not be liable whatsoever for any charge or expense which your registered contact or an emergency service might make pursuant to an alarm call.
6.7 We will only supply you with the location information of a user if we are satisfied you have the right to such information
6.7.1 We cannot guarantee that the location information we give you is valid or up to date
6.7.2 We do not accept any liability or responsibility if we are unable to give you accurate location information


7 Charges

7.1 The monthly subscription costs are stated on your initial invoice and will remain in force for the duration of this Agreement.
7.1.1Subscription charges are always payable one quarter in advance
7.2 You agree that we accept no liability for the cost of failed Data or SMS or multiple SMS charges
7.3 You agree and accept that we do not have any liability whatsoever (be it monetary or otherwise) for any airtime charges you incur or we incur on your behalf through operating our System.
7.4 Your monthly Subscription is based on fair usage of calls to our Response Centre or text alerts we send to a mobile phone of your choice. We reserve the right to surcharge you if your calls or alerts are excessive.

8 The SIM card

8.1 If your device contains a SIM card it remains our property at all times and it must not be removed from the Device without our permission
8.2 Should the SIM card be removed from the Device and be used improperly then you are liable for any and all charges which might accrue
8.3 You acknowledge that if your SIM card is lost or stolen, you will not be responsible for any airtime charges incurred after you have notified us of that fact but you will be responsible for any charges incurred beforehand.
8.4 You must not use the SIM card (or allow it to be used) for any illegal purpose.


9 Payment Terms

9.1 If you already pay your Subscription by Standing Order then you understand that if your bank fails to make payment on the due date we will cancel your Subscription at the end of the pre-paid quarter.  (This Clause only applies to customers registered prior to 1st May 2016)
9.2 You agree to make subscription payments by either debit or credit card using FuturePay.  (This Clause only applies to customers registered after to 1st May 2016)
9.2.1 You agree to update promptly your information with FuturePay in the event that the debit or credit card you use for the initial payment becomes void through time or theft
9.2.2 If you pay your Subscription by FuturePay then you understand that if your debit or credit card company refuses to honour the payment on the due date we will cancel your Subscription at the end of the pre-paid quarter
9.3 We are not obliged to notify you if we cancel your subscription due to non payment of your subscription
9.4 We no longer accept any payment by cheque but you can pay cash or transfer the money into our bank account so long as the payment is properly identified on our bank statement                    

10 Your Liability and Responsibility

10.1 The System is supplied strictly on the terms that you are satisfied that it is suitable and fit for your purpose. All warranties and representations express or implied as to the quality or fitness for any purpose of the system other than those given by us to you in writing are hereby excluded.
10.2 You are responsible for completing our User Details form if you intend to use our Response Centre services.
10.2.1 You are not obliged to answer all or any fields on the form (save for those marked obligatory) and you understand that any response to an alarm activation could be delayed or impaired if relevant information is not entered
10.2.2 You will notify us of any changes to your User Details including your registered contacts (be they temporary or permanent) and you will do so either by altering the information using our secure web site or by notifying us in writing


11 Our Liability

11.1 Subject to these Conditions we warrant that the System shall at the time of delivery and for a period of 12 months from the date of delivery be free from manufacturing defects and if the System does not conform to this warranty we will at our option:
11.1.1 replace such part of the System as is found not to conform to this Warranty; or
11.1.2 take such steps as we deem necessary to bring the System into a state where it is free from such defects;
PROVIDED THAT this Warranty is limited to manufacturing defects and will not apply to any parts of the System which have, in our reasonable opinion, been damaged modified or misused by you or any third party
11.2 The foregoing provisions of this Condition 11 are to the extent permissible by law in lieu of all other warranties express or implied including, but not limited to warranties of satisfactory quality and fitness for a particular purpose


12 Exclusions of Liability

12.1 We will not be liable to you for any loss of profits, goodwill, business opportunity or anticipated savings, business interruption, loss of programs or other data whether incurred directly or indirectly or for any indirect, incidental, consequential, special or punitive loss or damage whatsoever and howsoever arising regardless of whether such loss or damage was reasonably foreseeable by the parties
12.2 Our aggregate liability to you for any claim you may have against us in contract law in tort or otherwise (other than fraudulent misrepresentation or death or personal injury resulting from negligence) in relation to this Agreement shall in no circumstances exceed £300 (three hundred pounds) for any and all such claims unless otherwise covered pursuant to an insurance policy


13 Suspension

13.1 Without prejudice to our other rights we may without liability suspend provision of or access to all or part of the System:
13.1.1 in response to or compliance with any law, statute, legislation, order, regulation or guidance issued by government, a court of law, any emergency service or any other competent regulatory authority;
13.1.2 in the circumstances set out in Condition 17.2 or to carry out routine or emergency maintenance or repair work on the System or any of our networks and systems;
13.1.3 if you abuse the System
13.1.4 as an alternative to the termination of the Agreement
13.2 Wherever possible we will give reasonable prior notice of any suspension and details of the anticipated length of the suspension
13.3 Where suspension is due to your default, reinstatement of the Agreement will be at our sole discretion and in any event you will be liable for any costs to reinstate the system


14 Termination

14.1 If we invoice you for your Subscription then you must give us 90 days notice to terminate this Agreement.
14.2 We may immediately terminate the Agreement if:
14.2.1 You fail to perform one or more of your obligations under these Conditions and you do not remedy the failure within 14 days of a request by us to remedy it;
14.2.2 any information provided by you or otherwise relied upon by us proves to be or becomes inaccurate or incorrect to an extent that in our reasonable opinion it affects our ability to provide the System to you;
14.2.3 You fail to pay your debts as and when due
14.3 If the Agreement is terminated for any reason you will still be responsible for paying any outstanding charges which relate to the period before termination together with any additional expense we might incur to recover the outstanding charges. If before the end of the initial period referred to in Condition 3.2 we terminate the Agreement for any of the reasons set out in Condition 14.2 you will still be liable to pay all charges pursuant to the Agreement up to the end of the initial period together with any additional expense we might incur to recover the outstanding charges. Upon termination of the Agreement pursuant to this Condition 14 any indebtedness of you to us shall become immediately due and payable
14.4 Conditions 4.1, 7, 8, 9.3 and 18 will survive the end of the Agreement together with any other provision expressly stated to survive the end of the Agreement


15 Confidentiality

15.1 Following an alarm activation we may, at our sole discretion, supply your registered contact, an emergency service or any relevant third party with any medical or other information which we believe to be appropriate and relevant
15.2 We will only use any personal details you supply to us for the purposes of emergency calls from you in accordance with the principles contained in the Data Protection Act 1984


16 Notices

16.1 All notices must be sent to the recipient at the address set out in the initial invoice
16.2 Notices may be sent by:
16.2.1 hand - in which case they are considered to have been received at the time of delivery;
16.2.2 first class pre-paid post - in which case they are considered to have been received 72 hours after the date of posting;
16.2.3 electronic mail - in which case they are considered to be received within six hours of being sent unless an undeliverable message is received and provided always that a confirmatory copy is sent by first class post on the same date as the electronic mail message


17 Force Majeure

17.1 We shall not be liable to you for any loss or damage which may be suffered by you as a direct or indirect result of the supply of the System by or on behalf of us being prevented hindered delayed cancelled or rendered uneconomic by reason of circumstances or events beyond our reasonable control ("force majeure circumstances") including but not limited to government regulations, fire, flood, war, civil war, terrorism or an act of God. If we are affected by force majeure circumstances we must inform you in writing as soon as reasonably practicable
17.2 In force majeure circumstances we may in our sole discretion suspend or terminate the Agreement pursuant to these Conditions


18 General

18.1 If any of these Conditions is held to be invalid, illegal or unenforceable in any respect whether in whole or in part such invalidity, illegality or unenforceability shall not prejudice the effectiveness of the remainder of these Conditions and the remainder of the affected Condition
18.2 We may transfer, assign, or pass our rights or obligations under this agreement or arrange for any other person or organisation (a “transferee”) to carry out our rights or obligations under this agreement.
18.3 None of your rights or obligations under these Conditions may be assigned transferred or sub-contracted in whole or in part without our prior written consent which we will not unreasonably withhold
18.4 Failure by us to exercise or enforce any rights under the Agreement or any contract subject to these Conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of such right at any time thereafter
18.5 A Party which is not a party to the Agreement or any contract subject to these Conditions has no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of these Conditions
18.6 Nothing in these Conditions or any action arising pursuant to them shall constitute or be deemed to constitute between the parties a partnership, agency, association, joint venture or other corporate entity. Neither party shall have the authority to negotiate or conclude contracts or otherwise enter into binding arrangements with any third party on behalf of the other
18.7 Except as otherwise provided in these Conditions, these Conditions are intended and agreed to be solely for the benefit of us and you and their permitted assigns (if any) and no third party shall acquire any benefit, claim or rights of any kind whatsoever pursuant to, under, by or through these Conditions


19 Governing Law

These Conditions and the Agreement to which these Conditions apply are subject to English law and all claims are subject to the exclusive jurisdiction of the English Courts

Updated Oct 17

 

Minder Limited t/a Mindme

PO Box 1231,
Ampthill,
Bedfordshire MK45 2YR

Telephone: 03454591110
Email: info@mindme.co.uk
Web:www.mindme.co.uk

Registered in England No 06170552
VAT Registration No 937 2962 88