TERMS AND CONDITIONS OF USE

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Homesafeguard, East Devon District Council the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by East Devon District Council, and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to East Devon District council and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Homesafeguard, East Devon District Council, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, page layout, that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights . Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission

2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display, and view the Content on a computer screen

3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of East Devon District Council.

Prohibited use
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website.
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.
c. making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration
5. You must ensure that the details provided by you on registration or at any time are correct and complete.

6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security
9. When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

10. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites

11. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of East Devon District Council or that of our affiliates.

12. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

13. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following:

https://devon.digitalhomecare.co.uk/privacy-policy-cookie-restriction-mode

Limitation of liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

HIRE AGREEMENT

This is an agreement made between US: Home Safeguard, East Devon District Council, Blackdown House, Border Road, Heathpark Industrial Estate, Honiton, EX14 1EJ. Telephone No 0330 678 2381 AND YOU :THE CUSTOMER which begins on the XXXXXX
Ident:
Model: Inc VAT Ex VAT
Alarm Unit Serial no: Pendant Serial no:
Additional Telecare Devices
Serial Number: Type:
Serial Number: Type:
Keysafe Hire Purchase
Direct Debit Invoice TOTAL ANNUAL COST

VAT Exemption – (Applicable only to chronically sick or disabled applicants)

I ……………………………. declare that I am chronically sick or disabled by reason of …………………………………. and that I am applying to East Devon District Council for the personal alarm equipment and monitoring service. I declare that I am disabled/self-declared VAT exempt. I will be paying a rental/monitoring charge for the equipment and can claim that the supply of the unit is eligible for relief from VAT under Group 23, Sect 41 of the zero rated schedule of VAT Act 2775.
Warning – The VAT Act 1994 provides severe penalties for anyone who makes use of a document which they know to be false for the purposes of obtaining VAT relief.

DECLARATION

Customer Signature (A)………………………………. Date …...………………………….

Customer Signature (B) ……………………………… Date ………………………………

Telecare Officer Signature ………………………… Date ………………………………
This is a Contract between Home Safeguard (the Service Provider) and you the Customer(s) for the provision by the Service Provider of an Emergency Alarm Monitoring Service (the Service) at the Customers property through the provision of an Alarm unit and pendant. This Contract incorporates the terms and conditions set out below, and by signing this Contract, you are agreeing to comply with those terms and conditions.
A. Responsibilities of the Service Provider
1. Provision of the Alarm Unit
(i) The Service Provider agrees to provide on rental, Alarm Unit complete with pendant and mains adapter, the Alarm Unit will remain the property of the Service Provider as will any additional telecare fitted. We will demonstrate how the equipment works to you prior to installation.
(ii) The Service Provider reserves the right to install reconditioned equipment in good working order.
(iii) The Service Provider will carry out an annual data check via phone or home visit with the Customer at a mutually agreed time to check that the data we hold is correct and the equipment is working well.
(iv)The Service Provider will give information about any changes to the current Service or additional Services such as new telecare which is relevant to the Customers installation or requirements.

(v) The Service Provider will refund any payments made in advance for the equipment and monitoring services providing one month’s termination has been given as long as the equipment is returned to us in clean and good working order.
2. Repair of the Alarm Unit
(i) The Service Provider agrees to be responsible for all maintenance and repairs of the Alarm Unit and the costs of such repair and replacement unless faults occur by the action of the Customer either by accident or mistreatment. In this case the Service Provider will repair the Alarm Unit and the Customer will be responsible for the cost.
(ii) The Service Provider agrees to rectify all critical faults, either by repair or replacement within 2 working days of notification.
3. Monitoring Service
(i) The Service Provider agrees to provide a monitoring service 24hrs a day, 365 Days a year and shall respond to all emergency calls in an appropriate manner. We will provide a disaster recovery process in the event of an emergency occurring and the call centre having to be evacuated.
(ii) The Service Provider agrees if they receive a call to:-
a. Speak to the Customer, identify the reason for the call and make the appropriate response.
b. Agree with the Customer the appropriate action.
c. Telephone the Customers contacts, or in the case of an emergency summon the emergency services where appropriate.
(iii) If a call comes through to the Service Provider and they cannot communicate with the Customer, the Operator will take appropriate measures to ensure the Customers safety, including notifying the Customers contacts and/or the Emergency Services if sufficiently concerned for the Customers welfare. The Service Provider takes no responsibility and accepts no liability for any actions by the Customers contacts or the Police/Emergency Service up to and including forced entry. In particular, the Service Provider does not take responsibility for securing and repairing the property after forced entry.
iv) Where, in the Service Providers reasonable opinion it is felt that a greater degree of support is needed than can be given by the Service Provider, the Service Provider may refer the Customer to other agencies with the Customers consent.
The Service Provider reserves the right in exceptional cases to over-ride the declared wishes of the Customer where this is, in the opinion of the Service Provider necessary to preserve the health and well-being of the Customer.
4. Behaviour of the Service Provider
The Service Provider shall treat all Customers with due respect and professionalism when answering emergency and other calls. At all times the Service Provider shall ensure that the Customers best interests and the Service Providers values, policies and procedures are met whilst abiding by the Telecare Services Associations (TSA) Code of Practice.

5. Confidentiality and Data Sharing
Any personal information which you provide will be held and used by East Devon District Council for the purpose of responding to the emergency activation of the telecare equipment. Your information may be provided to a third party acting on our behalf to respond to the emergency activation. Your information may also be shared within East Devon District Council for the purposes of carrying out our lawful functions. Otherwise your personal information will not be disclosed to anybody outside East Devon District Council without your permission, unless there is a lawful reason to do so, for example disclosure is necessary for crime prevention or detection purposes. Your information will be held securely and will not be retained for any longer than is necessary. There are a number of rights available to you in relation to our use of your personal information, depending on the reason for processing. Further detail about our use of your personal information can be found in the relevant Privacy Notice which can be accessed via http://eastdevon.gov.uk/privacy.

6. Restriction of liability
The Service Provider accepts no liability for faulty equipment unless the fault has been notified to the Service Provider and the Service Provider has failed to respond to the fault within the time-scales currently agreed. The Service Provider accepts no liability for damage to the Customers home unless this is caused by error or omission by the Service Providers staff.

B. Responsibilities of the Customer
1. Installation of the Alarm Unit
(i) The Customer agrees to have an Alarm Unit installed by the Service Provider, which remains the property of the Service Provider.
(ii) The Customer agrees to provide a landline telephone connection to the dwelling (unless agreed beforehand), with a telephone socket and an electricity supply point in a suitable position as defined by the manufacturers and health and safety requirements. The Customer commits to paying the electricity, line rental charges and cost of telephone calls to which the equipment is connected to.
(iii) Some telephone systems require a filter to be fitted to allow compatibility with the alarm monitoring system. It is the Customers responsibility to ensure that their telephone provider is able to process the alarm calls and the Customer must assist the Service Provider in allowing the alarm equipment to have priority over all other phone calls. If the Customer changes telephone supplier then they must let the Service Provider know.
2. Use of the Alarm Unit
(i) The Customer agrees to use the Alarm Unit in accordance with the instructions supplied at the time of the installation and any amendments or additions made to those instructions and to keep it in good order.
(ii) The Customer agrees not to interfere or tamper with the Alarm Unit or allow anyone except a representative of the Service Provider to do so.
(iii) The Customer agrees not to abuse the Service offered by the Service Provider. Calls should only be made when requiring assistance urgently during an emergency situation or instructions to test the equipment in accordance with the information sheet.
3. Maintenance and repair of the Alarm Unit
(i) The Customer agrees to give reasonable access for maintenance, repair or recovery of the Alarm Unit.
(ii) Where faults occur by actions of the Customer either by accident or through mistreatment, the Customer agrees to be responsible for the cost of repair.
(iii) Customers are to report any faults or equipment failure to the Service Provider as soon as possible.
(iv) The Customer agrees to press the pendant trigger once a month, so as to activate a call to the Service Provider, to test the equipment is in working order. The alarm equipment has an auto test facility which generates a monthly call which will be charged at your local call rate.
4. Supply of information
(i) The Customer agrees to provide the Service Provider with the necessary data to enable the staff to respond to calls from the Customer appropriately including the following as minimum:
a) Customer name(s), address and telephone numbers.
b) Any restrictions on the Customers ability to understand and communicate effectively including preferred language.
c) Name(s), addresses and telephone numbers for nominated responders/ contacts.
d) Key safe details.
e) Relevant Health details.
f) Professional contacts details eg GP, Care Providers etc.
g) Special instructions.
(ii) The Customer agrees to advise the Service Provider of any changes to personal data promptly as they occur. Examples of data changes required are:- change of GP, change of responders/contacts and relevant medical changes.
(iii) The Customer shall inform the Service Provider of any planned absence.
(iv) The Customer to ensure they have a Key Safe outside of their property which holds a key which opens the property. The Customer to ensure the Service Provider is given the details of the code and is updated immediately if it is changed. This is to ensure that the Emergency Services can access the property in an emergency.
C. Other Matters
(i) The Service Provider will not be liable or responsible for the non-response of any person or persons that they contact or try to contact in operating the monitoring service.
(ii) The Customer and the Service Provider shall give at least 1 months’ notice in writing to terminate the hire or return the equipment. The Service Provider will give 1 months’ prior notice in any variations to the hire. You may terminate the contract if you do not wish to accept any variation.
(iii) The Service Provider shall be entitled to increase the charges payable by the Customer at any time by giving the Customer not less than 1 months’ notice in writing.
(iv) The Service Provider may at any reasonable time, enter the property and remove the equipment if:
a) Any sum due under this hire shall be in arrears for 21 days or longer.
b) The Customer has failed to observe or perform any of the terms or conditions of this hire.
The Customer will pay any costs incurred in the removal of the equipment and any necessary legal action. The hire will terminate immediately.
(v) All calls received by Home Safeguard are recorded and retained for performance and monitoring purposes during this agreement. Data will be held for 1 year after termination of the Service. By signing this hire agreement you the Customer consent to the recording of all calls made by you to us and us to you as set out above.
5. Payments and start date
(i) The Service Providers preferred method of payment is by monthly Direct Debit on the 1st day of the month. However, other payment methods are available.
(ii) There is a 21 day “cooling off” period in which you can withdraw from the hire agreement without any financial penalty if you wish to do so due to a change of mind or a change of circumstances.