TERMS AND CONDITIONS OF SERVICE

All aspects of the personal safety alarm Service are subject to these Terms and Conditions, and you should read these before going any further. Your use, in any way, of the Service will amount to an acceptance of these Terms and Conditions. Please note: the alert-a-buddy™ Service is provided by Text You Home Limited.



1. DEFINITIONS

The following words and expressions shall have the following meanings:

1.1. General

Contract: The agreement between you and TYH subject to the Terms and Conditions
Date of Registration: The date on which you agree to these Terms and Conditions by completing the registration process via the Website
Partner: Any company that TYH works with in order to provide the Service
Service: The services provided by TYH, including the Delayed Alarm and Panic Alarm
Terms and Conditions: These Terms and Conditions which bind both you and TYH
TYH: Text You Home Limited or any organisation to which this Contract may from time to time be assigned
Website: The TYH websites (at www.textyouhome.com and www.alertabuddy.com), including when accessed via another site
1.2. Describing the Service

Delayed Alarm: Using the Service to set an alarm for later, for example when you should have safely reached your destination, or when you have safely finished a visit or appointment. If you do not successfully disable this in time, it will result in a Triggered Alarm.
Emergency Contacts: Anyone you have specified during registration, or that your organisation has specified on your behalf, to be contacted on your behalf in a Triggered Alarm situation
Panic Alarm: Using the Service by calling the TYH panic telephone number (from the mobile number which you have registered for the Service). When TYH receive your call, this will result in a Triggered Alarm.
Triggered Alarm/s: When your TYH alarm is triggered, either because you have triggered your Panic Alarm, or because you set a Delayed Alarm and failed to disable it in time.

This is when TYH will start trying to alert your Emergency Contacts by text message/s and telephone call/s involving a pre-recorded voice message.

For the avoidance of doubt, in a Triggered Alarm situation, your telephone itself will not emit a loud noise (i.e. it is unlike a standard hand-held rape alarm).


2. INTRODUCTION

2.1. By ticking the relevant box to confirm that you agree to these Terms and Conditions, or by using the Service, you agree to be legally bound by the Terms and Conditions.
2.2. You hereby agree that this electronic agreement shall be the equivalent of a written paper agreement between you and TYH.
2.3. TYH may change these Terms and Conditions at any time by updating the relevant page on the Website (Website). You agree that by the continued use of the Service, you accept any such updates to the Terms and Conditions, so please check the Website from time to time to review them. However, we do undertake to notify you of any updates which are judged to have a significant impact on your use of the Service.


3. CONTRACT TERM

3.1. The term of the Contract shall commence on the Date of Registration.
3.2. The Contract shall continue in force until the date on which the Contract is terminated either by you or by TYH, as per section 5 of these Terms and Conditions.
3.3. On termination of the Contract (howsoever caused) those provisions of these Terms and Conditions capable of surviving termination (including but not limited to sections 4 and 5) shall continue in full force and effect.


4. PAYMENT

4.1. You are responsible for all fees and charges payable to your mobile network provider. You are aware that your network provider will charge you your normal network rates for all texts and calls to TYH numbers.


5. CANCELLATION AND TERMINATION

5.1. You may terminate your membership of the Service for any reason at any time.
5.2. To terminate, you will need to contact TYH by email at help@alertabuddy.com, requesting cancellation.
5.3. TYH reserves the right to suspend or terminate your membership of the Service for any reason at any time.


6. AVAILABILITY

6.1. Use of the Service depends on mobile network availability, on your mobile phone being charged, switched on and in working condition, and on your Caller ID being enabled so that the Service can recognise your mobile phone number.
6.2. Availability of location services (ability to locate an opted-in mobile phone in a Triggered Alarm situation) depends on the mobile network provider. The location element of the service currently works with all major networks, but the provision of and accuracy of location data cannot be guaranteed. This includes (but is not limited to) the fact that accuracy of location information can vary considerably based on your location, with rural areas often having particularly low accuracy.
6.3. TYH will aim to have the Service available at all times. However, owing to the nature of mobile telecommunications and electronic communications upon which the Service is based, it is impossible to guarantee that the Service will be uninterrupted or error free.
6.4. TYH will use all reasonable endeavours at all times to provide the Service in a timely manner and with reasonable care and skill but time will not be of the essence in the Service.
6.5. TYH will not be liable if, for any reason, the Service is unavailable at any time or for any period.
6.6. TYH reserves the right to cease the Service at any time in order to carry out maintenance and support on or in relation to the Service and for any other reasonable cause. TYH will use its reasonable endeavours to correct any defects in the operating of the Service within 72 hours of receiving notice of such defects.
6.7. You acknowledge that TYH cannot communicate with international telephone numbers. You also acknowledge that TYH cannot guarantee being able to communicate with UK mobile numbers which are roaming outside the UK.
6.8. TYH reserves the right to suspend the provision of the Service without notice if:
6.8.1. TYH believes that you (or someone authorised by you) are using the Service in an unauthorised way or for criminal activities;
6.8.2. TYH believes that you are in breach of these Terms and Conditions;
6.8.3. TYH believes you are misusing the Service in any way;
6.8.4. TYH is aware or has reason to believe that this Contract has been entered into fraudulently or TYH believes that fraudulent or improper use is taking place;
6.8.5. You notify TYH that your mobile phone has been stolen;
6.8.6. You do anything (or allow anything to be done) that TYH thinks may damage or affect the operation of the telecommunications networks.
6.9. In the above cases, the Contract does not come to an end.


7. SECURITY AND PRIVACY

7.1. TYH aims for all communications with you to be secure, however, you acknowledge that communications may be intercepted and TYH accepts no liability for this. In particular, please be aware that emails and text messages are not secure, and that messages sent to your mobile phone can be read by anyone with access to the mobile phone.
7.2. TYH will only contact you by email to provide you with essential information about your account, for example to confirm that your account information is up to date.
7.3. TYH will not pass on your information to third parties for marketing or other purposes, save as described in 7.4.-7.6. below.
7.4. You agree that TYH may disclose information to TYH Partners as is necessary for provision of the Service.
7.5. In the event that TYH is ever sold to or merges with another business, or if TYH undertakes a joint venture with another business, your information may be disclosed to the new business partners or owners of TYH.
7.6. You agree that TYH will disclose such information as is required by an order of any court of competent jurisdiction or by statutory authority.
7.7. While TYH will always try to ensure that the Website and any emails received from TYH are virus-free, you acknowledge that you alone are responsible for protecting your computer hardware, software and data from unauthorised access, viruses, spyware and all other types of malicious code.
7.8. You have set a passcode for your use of the Service, and you acknowledge that you are responsible for keeping this passcode confidential. You agree that you are responsible for all actions that take place as a result of access to the Service via your mobile phone number or passcode. A breach of these Terms and Conditions by anyone to whom you disclose your passcode or allow access to your mobile phone will be treated as a breach by you, and will not relieve you of your obligations under these Terms and Conditions.
7.9. In the event that your passcode becomes known to any unauthorised person you will immediately notify TYH.
7.10. TYH will retain your information for a reasonable period, or as long as required by law.
7.11. In the event of a Triggered Alarm, you agree that TYH may pass on information about your location to your designated Emergency Contacts.
7.12. To allow TYH to request your phone location, you will need to follow TYH instructions to set up your phone and opt in. Doing so will mean that subsequently, should you have a Triggered Alarm, TYH and Partners will request and process your phone location from your network provider. Should this information be available, TYH will provide this information to your designated Emergency Contacts.


8. LIABILITY

8.1. Nothing in these Terms and Conditions shall operate to limit or exclude the liability of TYH for personal injury or death caused by negligence on the part of TYH, or any other liability that cannot lawfully be excluded, even if any other term of this agreement would otherwise suggest that this might be the case.
8.2. Due to the nature of mobile telecommunications and electronic communications upon which the Service is based, it is impossible to guarantee that the Service will be uninterrupted or error free. Therefore TYH will not be liable if, for any reason, the Service is unavailable at any time or for any period (subject to clause 8.1 above).
8.3. There may be occasions where TYH is unable to provide the Service because of something outside of the reasonable control of TYH. TYH will not be liable for failure in the Service where TYH is faced with circumstances outside the reasonable control of TYH, including (but not limited to):
8.3.1. Acts of God;
8.3.2. Acts of terrorism;
8.3.3. Acts of government or authorities (including the refusal or revocation of any license or consent);
8.3.4. Fire;
8.3.5. Flood;
8.3.6. Power failure;
8.3.7. Failure of telecommunications lines or systems;
8.3.8. Internet downtime; or
8.3.9. Default or failure of a third party, including TYH Partners;
8.4. Subject to Clause 8.1:
8.4.1. The Service cannot prevent you from being the victim of crime, and cannot guarantee in any way your personal safety or the security of your personal possessions. As such, TYH is not under any circumstances liable for your personal safety or the security of your personal possessions.
8.4.2. Under no circumstances will TYH or any of the other parties involved in the provision of the TYH Service, be liable (whether in contract, tort (including negligence or breach of statutory duty), breach of agreement or otherwise) for any losses, damages, costs or expenses arising from or in any way connected to use of the Service, or to any errors, defects, interruptions, malfunctions or delays in the Service or the provision of the Service. This clause applies regardless of whether or not such loss or damage was:
8.4.2.1. Reasonably foreseeable or actually foreseen;
8.4.2.2. Caused through any breach of the Contract or any matters arising under it;
8.4.2.3. Caused through any negligence on the part of TYH;
8.4.2.4. Direct, indirect or consequential;
8.4.2.5. Arising from any loss of, damage to or corruption of data, loss of profits or anticipated savings.
8.4.3. TYH will not be liable for any stress or anxiety caused to you or your Emergency Contacts through the use of the Service, including (but not limited to) Triggered Alarm situations, whether or not you intended for your alarm to be triggered.
8.4.4. You agree that your use of the Service is on an "as is" and "as available" basis. On that basis, except as expressly set out in these Terms and Conditions and to the maximum extent permitted by applicable law, TYH does not make any representations or warranties or other terms in relation to the Service (including any implied terms relating to quality, or fitness for a particular purpose).
8.4.5. The maximum liability of TYH to you shall be limited to the amount you or your organisation have paid for the Service in the twelve (12) months prior to the date on which the liability arose.
8.5. For the avoidance of doubt, in the event of a Triggered Alarm, the responsibility of TYH ends once automated communications (which may include text message/s, email/s and automated phone call/s) of the Triggered Alarm situation have been sent to at least one designated Emergency Contact.
8.6. You are responsible for ensuring that Emergency Contacts have given permission to be contacted in the event of an Alarm.
8.7. You are responsible for keeping contact details for Emergency Contacts up to date.
8.8. TYH cannot in any way guarantee, and is in no way liable for the response of Emergency Contacts to communications from TYH, this includes (but is not limited to):
8.8.1. Whether or not the contact details for Emergency Contact/s, provided by you or your organisation , are correct and up to date;
8.8.2. Whether or not the Emergency Contact/s have access to their communications devices (telephone or email) at the time of the Triggered Alarm;
8.8.3. Whether or not the communications devices used by the Emergency Contact/s are functioning correctly. This includes (but is not limited to) the fact that if your Emergency Contact's telephone number is engaged, calls to that particular telephone number may fail;
8.8.4. Whether or not the Emergency Contact/s pay sufficient attention to the communications; or
8.8.5. Whether or not the Emergency Contact/s react in a timely and appropriate manner to the communications.
8.9. You are responsible for providing accurate information to TYH about your location, including (but not limited to) voice recordings, Outlook Calendar appointments or text messages. As such:
8.9.1. TYH will not be liable for the accuracy of any information provided by you;
8.9.2. TYH will not be liable for your failure to provide any such information.
8.10. In the event of a Triggered Alarm, TYH will request information about the location of your mobile device, from the mobile network operator. This may include (but is not limited to) GPS information or location information based on proximity to phone masts in use by the mobile network operator. The provision of and accuracy of this information is reliant on factors outside the reasonable control of TYH, such as geography, the current State of the Art of the technology involved, the mobile network operator, and your opt in and phone set-up. As such, TYH will not be liable for the provision (or failure to provide) such location information, or for the accuracy of such location information.


9. INTELLECTUAL PROPERTY

9.1. TYH owns all intellectual property rights in the Service and Website, including intellectual property rights to TYH trademarks.
9.2. For as long as you continue to use the Service, TYH grants you a non-transferable and non-exclusive license to use TYH intellectual property rights as necessary for configuring and using the Service. TYH reserves all rights not expressly granted to you in these Terms and Conditions.


10. GENERAL

10.1. Any formal notices must be emailed to TYH at legal@alertabuddy.com, and confirmed by post to the TYH registered office address, which can be found on the Website.
10.2. You acknowledge that TYH do not normally deal with queries by telephone. Queries can be submitted by email to help@alertabuddy.com or through the Website. While TYH aims to respond to all queries within two working days, and will prioritise queries marked as urgent, TYH cannot guarantee any particular response time.
10.3. These Terms and Conditions constitute the entire agreement between you and TYH.
10.4. If TYH does not enforce any rights TYH may have under these Terms and Conditions, this shall not operate as a general waiver of any such rights nor prevent TYH from enforcing any such right in future.
10.5. If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these Terms and Conditions, but without invalidating any of the remaining provisions.
10.6. TYH may assign these Terms and Conditions or any part of them to any third party without telling you. You may not assign or transfer your rights under these Terms and Conditions.
10.7. These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these Terms and Conditions are subject to the exclusive jurisdiction of the courts of England and Wales.