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.
DEFINITIONS
The following words and expressions shall have the following meanings:
1.1. General
Contract:
The agreement between you and Deteralert Limited subject to the Terms and Conditions
Date of Registration:
The date on which you agree to these Terms and Conditions by completing the download of the app
Partner:
Any company that Deteralert Limited works with
Service:
The services provided by Deteralert Limited.
Terms and Conditions:
These Terms and Conditions which bind both you and Deteralert Limited
Deteralert Limited:
Deteralert Limited or any organisation to which this Contract may from time to time be assigned
Website:
The Deteralert Limited websites www.deteralert.com including when accessed via another site
1.2. Describing the Service
By triggering either the SILENT or LOUD alarm buttons an assailant’s photograph plus your GPS location, time and date are sent to five nominated friends for assistance and, if the LOUD button was pressed, that fact is made clear visually and audibly to the potential assailant to deter any attack. The police will be informed if you have chosen to make them one of your contacts by ticking the 112 box.
2. INTRODUCTION
2.1.
By downloading this app you accept our Terms and Conditions
2.2.
You hereby agree that this electronic agreement shall be the equivalent of a written paper agreement between you and Deteralert Limited.
2.3.
Deteralert Limited may change these Terms and Conditions at any time by updating the relevant page on the Website www.deteralert.com .
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.
3. AVAILABILITY
3.1.
Use of the Service depends on mobile
network availability, on your mobile phone being charged, switched on and in working condition.
3.2.
Availability of location services
(ability to locate an opted-in mobile phone in a 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.
3.3.
You acknowledge that Deteralert Limited cannot communicate with international telephone numbers.
You also acknowledge that Deteralert Limited cannot guarantee being able to
communicate with UK mobile numbers which are roaming outside the UK.
4. SECURITY AND PRIVACY
4.1.
Deteralert Limited aims for all communications with you to be secure, however, you acknowledge that
communications may be intercepted and Deteralert Limited 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.
4.2.
While Deteralert Limited will always try to ensure that the Website and any emails received from Deteralert Limited 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.
5. LIABILITY
5.1.
Nothing in these Terms and Conditions shall operate to limit or exclude the liability of Deteralert Limited for
personal injury or death caused by negligence on the part of Deteralert Limited, 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.
5.2.
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 Deteralert Limited will not be liable if, for any reason, the Service is unavailable at any time or for any period (subject to clause 5.1 above).
5.3.
There may be occasions where Deteralert Limited is unable to provide the Service because of something
outside of the reasonable control of Deteralert Limited.Deteralert Limited will not be liable for failure in the
Service where Deteralert Limited is faced with circumstances outside the reasonable control of Deteralert Limited,
including (but not limited to):
5.3.1.
Acts of God;
5.3.2.
Acts of terrorism;
5.3.3.
Acts of government or authorities (including the refusal or revocation of any license or consent);
5.3.4.
Fire;
5.3.5.
Flood;
5.3.6.
Power failure;
5.3.7.
Failure of telecommunications lines or systems;
5.3.8.
Internet downtime; or
5.3.9.
Default or failure of a third party, including Deteralert Limited Partners;
5.4.
Subject to Clause 5.1
5.4.1.
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, Deteralert Limited is not under any circumstances liable for your personal safety or the security of your personal possessions.
5.4.2.
Under no circumstances will Deteralert Limited or any of the other parties involved in the provision of the Deteralert Limited 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 anyway 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 notsuch loss or damage was:
5.4.2.1
Reasonably foreseeable or actually foreseen;
5.4.2.2
Caused through any breach of the Contract or any matters arising under it;
5.4.2.3
Caused through any negligence on the part of Deteralert Limited;
5.4.2.4
Direct, indirect or consequential;
5.4.2.5
Arising from any loss of,damage to or corruption of data,loss of profits or anticipated savings.
5.4.3
Deteralert Limited 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) Alarm situations,whether or not you intended for your alarm to be
triggered.
5.4.4
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 theseTerms and Conditions and to the maximumextent permitted by applicable law, Deteralert Limited 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).
5.4.5
The maximum liability of Deteralert Limited 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.
5.6
You are responsible for ensuring that Emergency Contacts have given permission to be contacted in the event of an Alarm.
5.7
You are responsible for keeping contact details for Emergency Contacts up to date.
5.8
Deteralert Limited cannot in any way guarantee, and is in no way liable for the response of Emergency Contacts to communications from Deteralert Limited, this includes (but is not limited to):
5.8.1
Whether or not the contact details for Emergency Contact/s, provided by you or your organisation , are correct and up to date;
5.8.2
Whether or not the Emergency Contact/s have access to their communications devices (telephone or email) at the time of the triggered alarm;
5.8.3
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;
5.8.4
Whether or not the Emergency Contact/s pay sufficient attention to the communications;
or
5.8.5
Whether or not the Emergency Contact/s react in a timely and appropriate manner to the communications.
6. INTELLECTUAL PROPERTY
6.1.
Deteralert Limited owns all intellectual property rights in the Service and Website,including intellectual property rights to Deteralert
Limited trademarks.
6.2.
For as long as you continue to use the Service, Deteralert Limited grants you a non-transferable and non-exclusive license to use Deteralert Limited intellectual property rights as necessary for configuring and using the Service. Deteralert Limited reserves all rights not expressly granted to you in these Terms and Conditions.
7. GENERAL
7.1.
Any formal notices must be emailed to Deteralert Limited info@deteralert.com, and confirmed by post to the Deteralert Limited registered office address, which can be found on the Website.
7.2.
You acknowledge that Deteralert Limited do not normally deal with queries by telephone.
Queries can be submitted by email to info@deteralert.com or through the Website.
While Deteralert Limited aims to respond to all queries within two working days, and will prioritise queries marked as urgent,
Deteralert Limited cannot guarantee any particular response time.
7.3.
These Terms and Conditions constitute the entire agreement between you and Deteralert Limited.
7.4.
If Deteralert Limited does not enforce any rights Deteralert Limited may have under these Terms and Conditions, this shall not operate as a general waiver of any such rights nor prevent Deteralert Limited from enforcing any such right in future.
7.5.
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.
7.6.
Deteralert Limited 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.
7.7.
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