Terms and Conditions
These terms and conditions apply to the Checkinginathome.com website and any products or services offered or sold on this website.
This agreement applies as between you (hereafter known as the Customer) and Brooks Healthcare (Telecare) Limited trading as Checking in at Home.com (hereafter known as the Company). Your agreement to comply with and be bound by these terms and conditions is deemed to occur on purchasing any products or services from the Company.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Products and/or Services means any product or service offered by the Company
System means the technology, infrastructure or facilities used by the Company to offer the Products or Services
Customer means any purchaser of the Products or Services offered by the Company
Company means Brooks Healthcare (Telecare) Limited trading as checkinginathome.com
Website means the checkinginathome website operated by the Company
2 USE OF THE CHECKINGINATHOME WEBSITE
The Website is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Website you agree to be bound by these Terms and Conditions. These Terms and Conditions govern your use of the Website and all services provided in connection with these. You must ensure that the details provided by you on registration or at any time are correct and complete. You must not register someone else's contact details on any part of the Website without their permission. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
We may update these Terms and Conditions from time to time and any changes will be notified to you via a suitable announcement on the Website. The changes will apply to the use of the Website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Website or the Products or Services offered. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
3. INTELLECTUAL PROPERTYThe content of the Website is the property of the Company and by using the Website, you acknowledge that all material included is protected by UK and international intellectual property legislation. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from the Company. No licence is granted to you in these Terms and Conditions to use any trade mark of the Company or its affiliated companies.
4. PAYMENT FOR PRODUCTS OR SERVICES
All Products or Services must be paid for in full prior to being provided. There are a number of different payment methods which are explained on the Website. The Company reserves the right to withdraw any of its Products or Services offered should payment be outstanding for more than 7 days. In addition, the Company will be entitled to charge, in addition to any monies due, interest on the outstanding amount at the rate per annum of 4% above the prevailing Bank of England base rate as calculated on a daily basis until the payment is made. Once an order is placed and payment made, no refunds will be allowed. All Products or Services shall remain the sole and absolute property of the Company until paid for in full.
The Company reserves the right to amend its prices of its Products or Services at any point in time.
5. RISK AND INSURANCE
Subject as hereinafter provided, the Products or Services are at the Customer's sole risk and the Customer shall be under a duty to insure the goods to their full value from the time of delivery to the Customer’s premises. The Company will be under no obligation to affect insurance of the Products or Services once risk has passed to the Customer. The Customer shall be entitled to install goods in his possession in accordance with CIAH's installation instructions or manuals and the Company accepts no liability for incorrect installation or usage
6. DELIVERYOrders will be delivered and/or service will commence as soon as reasonably practicable and the Company reserves the right to deliver by instalments in such quantities as the Company thinks fit. Where delivery of the goods is made in instalments, each instalment shall be construed as constituting a separate contract to which all the provisions of the Conditions shall (with any necessary alterations) apply. In the event of any failure to make delivery or delay in delivery of the Products or Services purchased, the Customer shall have no claim whatsoever against the Company for any direct or indirect or consequential loss or damage of any kind. The Customer must inform the Company within seven days of any Products and Services which are delivered short or in a damaged state or are not functioning correctly. Deviations in quantity of goods delivered from those stated in any contracts to which these Conditions apply shall not give rise to a right to reject on the part of the Customer and the Customer shall have no right to claim for damages for breach of contract, but the Customer will only be obliged to pay at the contract rate for the quantity of the Products and Services delivered.
The Customer may terminate the Services supplied at any time. Should this be the case, the Customer shall do so in writing to the Company (see Notices) and the service will terminate following the end of the period for which payment has already been made. No refunds will be payable. All other obligations in this contract on the Customer including but not limited to liabilities and indemnities, shall survive the termination of the Service. The Company reserves the right to determine this agreement forthwith at any time on seven days' notice in writing and the Company shall not be obliged to give any reason for determining this agreement in this manner. Should the Company decide to terminate the Service, it will endeavour to provide reasonable notice and may at its own discretion refund any fees paid during any period where it chooses not to continue providing the Service.
Without prejudice to the terms and conditions, the Company may determine this agreement forthwith if the Customer: i. has made any material misstatement in the particulars supplied to the Company from time to time; or ii. fails to pay any sums payable under this agreement (or under any other agreement between the Company and the Customer) in full within 14 days after such sums have become due (whether demanded or not); iii. commits a material breach of any of the other terms or conditions (whether express or implied) of this agreement (or of the terms and conditions of any other agreement previously mentioned); or iv. if any distress, execution, or other legal process is levied on or against the goods or any part of the goods, or against any premises where the goods is, or against any of the Customer's goods or other property, or the Customer permits any judgment against it to remain unsatisfied for seven days; or v. if the Customer, being an individual, dies, suffers an interim order (within the meaning of the Insolvency Act) to be made against him or enters into a voluntary arrangement or suffers the making of a statutory demand or the presentation of a petition for a bankruptcy order; or vi. if the Customer, being a body corporate, enters into any liquidation, calls any meeting of its creditors, or has a receiver or administrative receiver appointed of all or any of its undertaking or assets, or suffers the appointment or the presentation of a petition for the appointment of an administrator under the provisions of part II of the Insolvency Act, or is deemed by virtue of section 123 of the Insolvency Act to be unable to pay its debts; or vii. being an individual suffers from mental disorder and either: viii. the Customer is admitted to hospital in pursuance of an application for admission for treatment under the Mental Health Act 1983 or, in Scotland, an application for admission under the Mental Health (Scotland) Act 1960; or ix. an order is made by a court having jurisdiction (whether in the United Kingdom or elsewhere) in matters concerning mental disorder for the Customer's detention or for the appointment of a receiver, curator bonus or other person to exercise power with respect to the Customer's property or affairs; or x. dies.
8. LIMITATIONS OF LIABILITY, DISCLAIMERS AND INDEMNITY
The Company does not make any warranties or representations that the Website or Products or Services will meet your requirements, be of satisfactory quality, be fit for any particular purpose, not infringe the rights of any third parties, be compatible with any particular systems, be secure and provide accurate information at all times. No guarantees of any specific results from the use of the Website or the Products or Services are offered. Moreover, the content of the Website should not be relied upon when making decisions to utilize the Company’s Products or Services.
The Products or Services are provided as is and no warranty is offered that they will be free of defects or faults. No express or implied warranties are offered as regards the fitness of purpose and accuracy of information.
As an exception to this clause, the Company will, at its discretion, repair or replace, or refund the full purchase price of any goods which are accepted by the Company as being defective or not in accordance with the Contract or any express description or representation given or made by or on behalf of the Company in respect of the goods within a period of 12 months from despatch of such goods from the Company ("Warranty Period") save that this warranty shall not apply where the defect or fault is attributable to defective materials supplied by third parties where the Customer's only remedy will be against that third party. In respect of services, if the Company accepts within the Warranty Period that it has failed to execute the services in accordance with the express terms of the Contract, the Company may, at its discretion, perform again such of the services as have not been carried out in accordance with the express terms of the Contract or repay the Customer the charge for such of the services as have not been so performed (provided such charge shall have been paid to the Company by the Customer). The Customer's remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the goods or services or any workmanship in relation to them (whether or not involving negligence on the part of the Company shall, in all cases, be limited to repair, replacement, or refund of the purchase price as aforesaid and any condition or warranty implied by law shall cease to apply after the expiry of the Warranty Period; and the Company shall not in any circumstances be liable for damages, compensation, costs, expenses, losses or other liabilities, whether direct or consequential, and any other remedy which would otherwise by available in law is hereby excluded except to the extent that such exclusion is prohibited by any rule of law. A claim in respect of any defect or failure to comply with the specification or in respect of any delivery or instalment or any part of it shall not entitle the Customer to cancel or refuse delivery of or payment for any other delivery or instalment or any part of the same, delivery or instalment. The Company shall not be liable to the Client or deemed to be in breach of the contract for the purchase and sale of Service by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Service. If the failure or delay was due to any cause beyond The Company’s reasonable control, including without limitation any acts of God, explosion, flood, tempest, fire or accident, or acts, restrictions, regulations, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lock-outs, or other industrial actions or trade disputes, or power failures or breakdown of machinery or equipment of any kind.
The Company accepts no liability in respect of any defect in or failure or malfunction of any Products or Services supplied for any loss, injury or damage attributable, directly or indirectly thereto where such is caused in whole or in part by: a) the repair, adjustment and/or alteration of the Products and Services supplied by anyone other than the Company without prior written consent of the Company; b) The Customer shall not be entitled to rely on any oral statement or representations made by the Company or its employees, agents or servants and the Customer acknowledges that it will only rely on written data and specifications supplied by the Company. Except as provided above, all representations, guarantees, undertakings, conditions or warranties, expressed or implied, statutory or otherwise in relation to the Products or Services are hereby expressly excluded, provided always that the statutory rights of the Customer, in the case of a consumer sale, shall remain in full force and effect The Customer shall notify the Company as soon as reasonably practical following the discovery of any interruption or failure of the Service. On becoming aware, the Company will use all reasonable endeavours to ensure that the Service resumes as soon as reasonably practical but accepts no liability for any disruption or non availability of the Website, Products or Services or System due to external issues including, but not limited to, ISP failures, System provider failures, interruptions in the Service due to the System Provider no longer being able to deliver the service, communication network failures, power failures, lack of compatibility between the Customers phone line/equipment and the Companies Products or Services, Customers power or telephone line failures. The Customer shall (and shall ensure that any third party to whom any goods may subsequently be supplied) comply with all instructions of the Company and any other manufacturer in relation to the fitting, installation, service and use of the Products or Services and ensure that all information supplied by the Customer or their representatives is current and correct at all times including but not limited to mobile numbers, addresses, e-mail addresses and, notwithstanding such compliance, the Customer shall keep the Company fully and effectually indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature and wheresoever arising, including, without prejudice to the generality of the foregoing, claims for non delivery of service, inability to contact the Customer or their named keyholders, damage to property and consequential loss (including loss of profit) which may be made against the Company or which the Company may sustain, pay or incur arising out of or in connection with the supply, fitting, installation or use of the Products or Services.
The Company accepts no liability for not being able to contact the Customer or their nominated keyholders. It is the express responsibility of the Customer and their keyholders to be available at all times and to answer, accept and acknowledge all contact from the Company and its System in order to allow the Company to perform its Service. Should no keyholder be available, or not respond to a call from the Company, the Company accepts no liability for any consequences of the call not having been delivered and to this end the Customer indemnifies the Company against all costs, claims, demands, expenses and liabilities of whatsoever nature.