TERMS & CONDITIONS
Introduction
Please read these terms and conditions of use ("Terms") carefully as they contain the legal terms and conditions that you agree to when you agree to use the services provided to you by Alert5 ("the Service"), as more particularly described on the website at www.alert5.co.uk ("website"). You should print off a copy of these terms or download them to keep with your records.
By using our service you agree to be bound by the terms which contain provisions applicable to all users of our service. If you choose to register as a user of our service you will be asked to check a tick box to indicate that you have also read and agree to be bound by the terms in full. Unless otherwise specified, the service is for your personal and non-commercial use.
The terms will apply to all contracts and/or dealings between you and us relating to the subject matter hereof, and will override any terms or conditions stipulated, incorporated or referred to by you.
1. Operator
1.1 This Website is owned and operated by Alert5, a company incorporated in the United Kingdom.
1.2 Alert5 is also referred to in these terms as "the Company", "we" and "us".
2. Registration
2.1 To register as a user of the Service you must be aged 18 years or over.
2.2 You agree that all the information you provide to us upon registration and at all other times will be true, accurate, current and complete. You also agree that you will keep the information up to date and accurate at all times. This is particularly important with respect to all contact details including e-mail address to enable us to be able to continue to communicate with you with regard to your account and the Service and with respect to the contact details for the intended recipients of any alerts sent pursuant to the Service, to enable the alerts to go to the right people.
2.3 You warrant that you have obtained the consent of all third parties, whose information (including phone numbers) you supply to Alert5, to the processing of their data for the purposes of performing the service. You undertake to indemnify and keep indemnified Alert5 against any claim or allegation that the processing by Alert5 of any such third party data infringes their rights under the Data Protection Act 1998 or any legislation, regulations and codes of practice deriving from that Act.
2.4 When you register you will be asked to provide a unique password and memorable security word. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore you are entirely responsible for any and all activities that occur under your account. You must notify us immediately if you believe this confidentiality has been breached. We reserve the right to require you to alter passwords or memorable security words if we believe that the security of these has been compromised. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
3. The Service
3.1 You acknowledge that the service is a tool which is being provided by us solely to enable you to alert certain people (whose details you have provided to us) that you are in a perceived unsafe situation. This alert does not guarantee that you will be found or removed from the perceived unsafe situation. This service should not be treated as an emergency service and in the event of a real emergency we would advise that you call 999 as you would do normally. You further acknowledge that the service is not intended for use as a convenience and is not intended to be used to monitor the behaviour or movements of others. Accordingly you accept that:
(i) you may provide us with a limited number of phone numbers ([up to 5]) of people ("recipients") that you would like to be sent a text message relaying your location when you are in a perceived unsafe situation;
(ii) you may not use the Service except for its stated intended purpose of assisting you or your recipients to know your location on the occurrence of an emergency or perceived unsafe situation; (iii) the service is intended as an alert only and not as a tool to enable users to carry out monitoring or tracking of others;
(iv) you will use the Service sensibly and that any abuse of the service. Misuse or abuse of this service may result in your service being suspended or withdrawn and additional charges may apply.
(v) you agree to your airtime provider being able to locate your mobile phone
(vi) you understand that we do not guarantee or pin point the exact location using this Service, therefore service limitations apply. The availability of the Alert5 product and its features depends on your service provider. GPS Service limitations apply. Subject to network coverage and weather conditions.
3.2 You will provide us with all information and data which are necessary for the service and for registration to the service. You should, however, note the restrictions on the use of the service and the limits on the number of recipients you can contact when using the service. We reserve the right to refuse any data which do not meet the requirements of the service. It is your responsibility to ensure that each recipient consents to his or her phone number being provided to us for use in the service and by submitting the recipients' phone numbers you warrant that each recipient has so consented.
3.3 It is your responsibility to ensure that the phone numbers provided by you for your recipients are correct.
Alert5 accepts no liability for the failure of an alert to reach an intended recipient where it is due to the incorrect contact details being submitted by you.
3.4 You acknowledge that it is outside our control when an alert is sent to your recipients, since this is triggered by the digits "5" of your phone being pressed. Accordingly you accept that any shock or other trauma suffered by a recipient on receiving an alert from your phone is your responsibility and that Alert5 has no liability for this.
3.5 On receipt of your information and data and subject to payment having been received from you in accordance with the Terms, we will use our reasonable endeavours to process the information and data as soon as reasonably practicable. On receipt of a text message from us confirming your registration, you will be able to use the service for the purpose set out at condition 3.1. At this point, the contract between you and Alert5 for the service will be formed.
3.6 In the event of a perceived unsafe situation where you wish to make use of the service, you should activate your phone or device and press down the digit "5" for at least one second to send a text message with your location to your chosen recipients. It is your responsibility to check that your phone or device is suitable for use with the service since, while the majority of phones or devices can use the service, some phones and devices cannot. Furthermore, you acknowledge that your phone or device cannot send the text messages if it is not switched on, if it has no signal, is keypad locked, if a number other than the digit "5" is pressed, if the phone is faulty, the network communication is down or the mobile operator's service has been interrupted. Furthermore, the service will not be operative if Alert5 has suspended it or terminated it in accordance with condition 5, 7 or 8. Alert5 will have no liability for a failure to provide the service in these situations or for any failure or delay in the service for any event outside its reasonable control.
3.7 We reserve the right to change the service at any time, provided that the modified service shall not be of materially worse functionality than before.
3.8 The price and payment requirements for the service are as set out in the Pricing Information. http://www.alert5.co.uk/works.aspx
4. Conduct
4.1 You agree that you will comply with any requirements, procedures, policies or regulations of networks connected to the Service.
4.2 You agree not to use the service:
(i) except as set out in condition 3.1;
(ii) for any unlawful purpose;
(iii) to harm minors in any way, including but not limited to tracking them;
(iv) to interfere with or disrupt the service or servers or networks connected to the service nor to in any way attempt to do so or otherwise use the service in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to the Service, other accounts, computer systems, or networks connected to the server or any part of the service, through hacking, password mining, or any other means.
4.3 In addition you warrant, undertake and represent that you will not provide any information to Alert5 that is in any way false or misleading, that attempts to conceal your identity or that you do not have the right to disclose.
4.4 You shall indemnify and keep indemnified and shall hold harmless Alert5, its officers, employees and agents from and against any loss, claims, costs, damages and expenses (including but not limited to legal fees) sustained or incurred by Alert5 or any of its officers, employees and agents directly or indirectly and in any jurisdiction as a result of any breach of this condition 4, or other Terms, by you.
5. Monitoring of Content
5.1 Alert5 does not have any obligation to monitor any information or data sent to the service for any purpose and does not have any obligation to check that you were entitled to submit this data and information. You acknowledge that you are solely responsible for all data that you submit to us for use in the service. Without prejudice to the foregoing, Alert5 reserves the right to review data submitted and your use of the service and to suspend the service to you in its sole discretion if it reasonably considers the data or information should not have been submitted or otherwise that your use of the service is not in accordance with the terms. Furthermore, Alert5 reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. Confidentiality
6.1 Subject to condition 5, we agree to keep all information and data submitted by you for the service as confidential and shall not disclose any such information or data unless required to do so by any government agency, regulatory authority, court or operation of law or as otherwise permitted by the Terms.
7. Duration, Suspension and Termination
7.1 Subject to condition 8, the contract for the Service will be for an initial period of 12 months and shall thereafter continue for subsequent 12 month periods, subject to earlier termination in accordance with the terms.
7.2 You agree that Alert5 may at any time without notice:
(i) refuse to accept your application to register with the Service; or
(ii) suspend the service where you are in breach, technical reasons require us to do so, we have reasonable grounds to believe that the service is being misused, or are required to do so by any competent regulatory authority; or
(iii) terminate your account if, in Alert5's sole discretion, you are found to be in breach of any of the terms or if a competent regulatory authority requires us to do so.
(iv) terminate your account on the basis of non payment of annual fee. [Reasonable attempts will be made to contact you to advise status and non payment. An account in default by 90 days without any response to our attempts at contact will be closed and all data destroyed.]
7.3 On termination of the service for any reason whatsoever, all relevant accounts will be closed. All data and information submitted by you shall be kept for a minimum period of 7 years.
8. Your right to cancel the contract with us for the provision of the service
8.1 You have the right to cancel the contract for the service at any time up to the end of [seven working days] [14 days in some European countries] after the date that you receive the confirmatory email from us confirming your registration. You may, however, commence use of the service prior to the expiry of this [seven working day period][fourteen day period]. If you do so, you will lose the right to cancel your contract with us. 8.2 To exercise your right of cancellation, you must give written notice to Alert5 by hand, post, fax or email, at the address, fax number or email address shown below at condition 12, giving details of your order. 8.3 Once you have notified Alert5 that you are cancelling the contract, and if you have not used the service, we will refund or credit you within 30 days for any sum that has been paid by you or debited from your debit or credit card for the subscription to the service.
9. Warranty
9.1 We warrant that we will provide the service with reasonable skill and care, but except as aforesaid or as otherwise expressly set out in the terms, we do not make or give any warranty regarding the service and expressly exclude all warranties (express and implied), terms, conditions and representations to the fullest extent permitted by law. In particular and without prejudice to the generality of the foregoing, we do not warrant that use of the service will enable a recipient or third party to find you or that use of the service will mean you are no longer in an unsafe situation.
9.2 This does not affect your statutory rights.
10. Liability
Without prejudice to any other provisions purporting to limit or restrict liability in the Terms, this condition 10 sets out provisions relating to Alert5's liability. The principal provision contains an overall cap on Alert5's liability:
10.1 Alert5 accepts unlimited liability for death or personal injury caused by its negligence.
10.2 Alert5's entire liability under the terms and/or in relation to performance of the Service shall not exceed [£500], provided that this provision shall not apply to any death or personal injury caused by Alert5's negligence, or to any fraudulent misrepresentation made by Alert5.
10.3 This does not affect your statutory rights.
10.4 You agree that in no event shall Alert5 be liable to you for any special, indirect or consequential damages, loss of data or profits, or any damages whatsoever resulting from any modification to, suspension or discontinuance of the service, whether in an action of contract, negligence or other tortious action, arising out of the provision of or failure to provide the service.
11. Force Majeure
11.1 Alert5 shall not be liable for any delay or failure to perform any service or obligation under the terms due to circumstances beyond its reasonable control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet or any telecommunications service, power failure, communications failure, weather, flood, fire, explosion or natural or local emergency.
12. Notices
12.1 All notices shall be in writing (except where provided otherwise) and may be served by sending it by recorded delivery post, email or fax to the following address, email address or fax number:
Address: Alert5.co.uk, Level 33, 25 Canada Square, Canary Wharf, London. E14 5LQ
Email: info@alert5.co.uk
Fax: +44 01892 832030
13. Rights of Third Parties
13.1 A person who is not a party to the contract between Alert5 and you under these terms has no right to enforce any provision of such contract, but this shall not affect any right which exists or is available apart from that Act.
14. Amendment of the Terms
14.1 We reserve the right to amend the terms from time to time. If you have registered with the service we shall notify you of any material changes to the terms by email sent to the address you provided to Alert5 at the time of registration (as updated by you by contacting us at the address set out in condition 12). If you continue to use the service after notification of such changes to the Terms you will be deemed to have accepted those changes. The most current version of the Terms can be reviewed by clicking on the "Terms and Conditions" [link at the bottom of each webpage].
15. General
15.1 These Terms constitute the entire agreement between Alert5 and you with respect to your use of the service. Alert5's failure to enforce any provision of these terms shall not constitute a waiver of its right to enforce. If a court should find that any provision contained in these terms is invalid, you agree that the remainder of the terms shall be enforceable.
16. Jurisdiction
16.1 These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with the Terms shall be subject to the jurisdiction of the English courts.
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