Mindme

Terms and Conditions

1 Definitions

1.1 In these Conditions:

“Agreement” means any contract between us and you for the Service, incorporating these Conditions;

"Device" means the equipment which is used to send location messages and/or make and receive voice calls

“Emergency Response Centre” "(ERC)" means the organisation that answers calls for assistance

“Subscription Charge” means the charge we make for the use of the ERC and the cost of the SIM

“Service” means the services set out on our website

“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” and "Yourself" means the customer with whom we make the Agreement and the person who uses the Device should they not be one and the same.

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

3.1.3 if you have incurred any airtime charges we will deduct the cost from the refund we make to you

3.2 Subject to these Conditions the Agreement shall commence on the date of the Agreement and continue for an initial period of three months

3.3 If you do not pay the quarterly Subscription by the due date it will be deemed that you have terminated the Agreement

3.4 We may terminate the Agreement at any time after the initial period referred to in Clause 3.2 by giving you three months notice

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 be made by Royal Mail Special Delivery and once signed for becomes your risk.

5 The Device

5.1 We will supply you with an Instruction Manual 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 Instruction Manual 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 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

5.5 You undertake to check each day that your device is functioning correctly

6 Access and Use of Mindme’s website

6.1 We cannot guarantee that you will always be able to access our website or that it will be error free

6.2 We reserve the right to suspend or restrict access to our website to carry out maintenance, repairs or for the introduction of new pages or facilities

6.3 The password which allows you entry to the customer zone of the website is personal to you and you must keep it secure and confidential

6.3.1 You agree to inform us immediately if you believe your password has become known to a third party or that it is being used improperly

6.4 You must not allow any third party access to any of your details

7 The Emergency Response Centre (ERC)

7.1 We undertake to operate directly or indirectly an Emergency Response Centre in England, Scotland, Wales & Northern Ireland for 24 hours a day, 365 days of the year

7.2 You understand and agree that when you call the ERC we may refuse to give you any information if you are unable to satisfy any security checks we might make

7.3 You understand and accept that we may not always be able to tell you the location of the user or we may give you a location which may be older than five minutes

7.4 If you ask us to contact a third party to collect the User for you we will only contact people recorded in the User’s Detail Form

7.5 If, in our opinion, we believe the User to be in any danger we reserve the right to ask an emergency service to attend.

7.6 You agree that we will not accept any liability or responsibility for the time it takes for a registered contact or an emergency service to attend the User

7.7 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

7.8 You 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 a call from us for assistance.

7.9 You understand that your use of the services of the ERC is subject to fair usage

7.10 We reserve the right to terminate your access to the ERC if, in our sole opinion, we believe you to be using it improperly, unreasonably or excessively.

7.11 Although we shall use our reasonable endeavours to meet your locating requirements you agree that we have no liability for any loss, be it data, monetary or otherwise for non-performance of any kind through any cause

8  Charges

8.1 The monthly Subscription costs are stated in the Agreement Application Form and will remain in force for the duration of the Agreement

The Subscription charges are always payable quarterly in advance

9 The SIM card

9.1 The SIM card in your Device remains our property at all times and it must not be removed from the Device

9.1 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

9.2 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.

9.4 You must not use the SIM card (or allow it to be used) for any illegal purpose.

Payment Terms

10.1 You agree to pay your Subscription on the due date and you understand that if you fail to do so the agreement between us will terminate in accordance with Clause 15 of this Agreement

10.2 Unless agreed otherwise you agree to pay your quarterly Subscription either by Bankers’ Order, credit or debit card

10.3 If you pay your Subscription by credit or debit card we reserve the right to make a charge for this method of payment.

11 Your Liability and Responsibility

11.1 The service 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 service other than those given by us to you in writing are hereby excluded.

11.2 You are responsible for completing our User Details form

11.2.1 You are not obliged to answer all or any fields on the form (save for those marked obligatory) and you understand that any response for assistance could be delayed or impaired if relevant information is not entered

11.2.2 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

11.3 You are responsible for the security and confidentiality of your password and PIN

12 Our Liability

12.1 Subject to these Conditions we warrant that the Device 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 Device does not conform to this warranty we will at our option:

12.1.1 replace such part of the Device as is found not to conform to this Warranty; or

12.1.2 take such steps as we deem necessary to bring the Device 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 Device which have, in our reasonable opinion, been damaged modified or misused by you or any third party

12.2 The foregoing provisions of this Condition 12 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

12.3 We give no warrant that Service will meet your requirements or that our website will operate error free

13 Exclusions of Liability

13.1 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

13.2 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 the Agreement shall in no circumstances exceed two hundred pounds (£200) for any and all such claims unless otherwise covered pursuant to an insurance policy

14 Suspension

14.1 Without prejudice to our other rights we may without liability suspend provision of or access to all or part of the Service:

14.1.1 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;

14.1.2 in the circumstances set out in Conditions 6.2 or to carry out routine or emergency maintenance or repair work on the Service or any of our networks and services;

14.1.3 if you abuse the Service

14.1.4 as an alternative to the termination of the Agreement

14.2    Wherever possible we will give reasonable prior notice of any suspension and details of the anticipated length of the suspension

14.3    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 service

15 Termination

15.1 We may immediately terminate the Agreement if:

15.1.1 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;

15.1.2 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 Service to you;

15.1.3 you fail to pay your debts as and when due

15.2 If the Agreement is terminated for any reason you will still be responsible for paying for 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

15.1 you will still be liable to pay all charges pursuant to the Agreement up to the endof 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 15 any indebtedness of you to us shall become immediately due and payable

15.3 Conditions 12, 13, 16, 19 and 20 will survive the end of the Agreement together with any other provision expressly stated to survive the end of the Agreement

16 Confidentiality

16.1 Following a request by you for assistance 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

16.2 We will only use any personal details you supply to us for the purposes of assistance calls from you in accordance with the principles contained in the Data Protection Act 1984 

17 Notices

17.1 All notices must be sent to the recipient at the address set out in the Agreement. Subject to Condition 17.2.4 any notice which must be "written" or given "in writing" can be given using electronic mail

17.2 Notices may be sent by:

17.2.1 hand - in which case they are considered to have been received at the time of delivery;

17.2.2 first class pre-paid post - in which case they are considered to have been received 72 hours after the date of posting;

17.2.3 facsimile transmission - in which case they are considered to be received once a transmission receipt report is obtained; or

17.2.4 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

18 Force Majeure

18.1 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 Service 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

18.2 In force majeure circumstances we may in our sole discretion suspend or terminate the Agreement pursuant to these Conditions

19 General

19.1 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

19.2 We reserve the right to transfer our Agreement with you to a third party

19.3 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

19.4 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

19.5 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

19.6 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

19.7 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

20 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

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