Terms and Conditions
When the following words are used in these terms, this is what they will mean:
|Ongoing Services:||the ongoing subscription services described in clause 8.1.|
|Products:||the Watch and the Ongoing Services.|
|Watch:||the SafeMotion Watch with inbuilt SIM card that we supply to you.|
|We/our/us:||for Mainland Europe: ilogs mobile software GmbH
for United Kingdom and Ireland: iLogs UK Limited
2. These Terms
2.1 What these terms cover. These are the terms and conditions on which we will supply the Products to you. They apply to you, the person who places the order for the Products, as well as any user of the Products including both carers and end users. By placing an order for the Products, you warrant to us that you have brought these terms to the attention of any user of the Products and, if applicable, obtained their consent, or have the authority to give consent on their behalf, to be bound by these terms.
2.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract between you and us, what to do if there is a problem with the Products and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3. Information about us and how to contact us
3.1 Who we are. SafeMotion is a product from ilogs mobile software GmbH and is distributed in:
- Mainland Europe by: ilogs mobile software GmbH registered in Austria. Company registration number is: 199927k, registered office: Krone Platz 1, 9020 Klagenfurt, Austria. Contact: Phone: +43 463 504 197, Mail: Krone Platz 1, 9020 Klagenfurt am WÃ¶rthersee, Ã–sterreich, E-Mail: email@example.com
- UK and Ireland by: Simpliflow Limited, registered in England and Wales. Our company registration number is 09641349, registered office: 60 Claylands Road, London, SW8 1NZ. Contact: Phone: +44 330 22 111 33, Mail: 60 Claylands Road, London, SW8 1NZ, E-Mail: firstname.lastname@example.org
3.2 How we may contact you. If we have to contact you for any reason we will do so by telephone or by writing to you at the email address or postal address you provided to us when you placed your order.
3.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. Our contract with you
4.1 How we will accept your order. Our acceptance of your order will take place when we email or write to you to accept it, at which point binding contracts will come into existence between you and us for the supply of the Watch and for the supply of the Ongoing Services.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you. This might be because we are temporarily out of stock or because we have identified an error in the price or description of the Products.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. Your rights to make changes
If you wish to make a change to the Products that you have ordered, for example the type of Watch or the level or type of subscription for the Ongoing Services, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the Products. We may change any of the Products: (a) to reflect changes in relevant laws and regulatory requirements; or (b) to implement technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Products.
6.2 Updates to digital content. We may need to update the digital content and/or software from time to time in order to continue to provide the Ongoing Services and to keep these services up to date. The Ongoing Services shall always however match or be an improvement on the description of the Ongoing Services that what we provided to you before you placed your order.
7. Providing the products
7.1 Delivery costs. The costs of delivery for the Watch shall be the costs displayed to you on our website at the time that you placed your order.
7.2 When we will provide the Products. (a) The Watch - Shortly after we accept your order we will provide you with an estimated delivery date for the Watch, such date will be within 30 days after the day on which we accept your order. (b) The Ongoing Services â€“ When we send you the Watch we will provide you with an activation date for when the Ongoing Services will begin.
7.3 We are not responsible for delays outside of our control. If our supply of the Watch is delayed by an event outside of our control, for example travel disruption due to adverse weather or strikes by delivery workers, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays in delivery of the Watch caused by any event outside of our control, but if there is a risk of substantial delay to the delivery of the Watch you may contact us to end the contract and receive a refund.
7.4 When you become responsible for the Watch. The Watch will be your responsibility from the time it is delivered to the delivery address you gave us in the order.
7.5 When you own the Watch. You will own the Watch once we have received payment in full.
7.6 What will happen if you do not give us the required information. We need certain information from you so that we can supply the Products, for example, your name, address, contact details and bank details. If you do not give us this information when you place your order or within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract for the Products. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you giving us inaccurate information or not giving us the information we need within a reasonable time of us asking for it.
7.7 Reasons we may suspend the supply of Ongoing Services to you. We may occasionally have to temporarily suspend the supply of Ongoing Services to: (a) deal with technical problems or make technical changes; or (b) update the digital content or software to reflect changes in relevant laws and regulatory requirements.
7.8 Your rights if we suspend the supply of Ongoing Services. If for whatever reason we have to temporarily suspend the Ongoing Services we will use reasonable endeavours to contact you in advance, unless the problem is urgent or an emergency. If we have to suspend the Ongoing Services for longer than 48 hours in any month period we will adjust the price so that you do not pay for Ongoing Services while they are suspended. If we suspend the Ongoing Services, or tell you we are going to suspend them, in each case for a period of more than 48 hours, you may contact us to end the contract for Ongoing Services and we will refund any sums that you have paid in advance for the Ongoing Services in respect of the period after you end the contract.
7.9 We may also suspend supply of the Ongoing Services if you do not pay. If you do not pay us for the Ongoing Services when you are supposed to and you still do not make payment within 7 days of us reminding you that your payment is due, we may suspend the supply of the Ongoing Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of the Ongoing Services. We will not suspend the Ongoing Services where you dispute the unpaid invoice. We will not charge you for the Ongoing Services during the period for which they are suspended. As well as suspending the Ongoing Services we can also charge you interest on your overdue payments.
8. The products
8.1 What the Ongoing Services include.
- Alarming the user can raise an alarm inside or outside of the home which triggers the alerting chain
- Reminders to the service user
- Tracking on demand to provide service users location
- Automatic tracking of users movement as soon as service user leaves the geo-fence
- Calls and messages to the Watch
- SIM and software setup
- Mobile and web portal for carer, relatives, guardian or trustees to locate the service user
Optional (at additional cost):
- Call out feature.
- Call centre added to the alerting chain.
8.2 Accuracy of tracking â€“ The tracking feature relies on third party providers including Google to track the users location. The accuracy of the tracking feature will depend on the userâ€™s location and the availability of local network, GPS signal and Wi-Fi. Please note that the tracking feature will only assist by providing an approximate location of the user and should not be relied upon to provide a specific location for the purposes of finding the user.
8.3 Type of subscription for Ongoing Services â€“ When you place the order you will be given the choice of having the Ongoing Services provided to you on a month to month basis or an annual subscription. Please note that annual subscriptions will automatically renew at the end of the subscription period for another full year unless you provide us with written notice that you want to end our contract at least one month prior to the end of your subscription period. You are able to notify us that you wish to change between the type of subscription at any time. The change will take effect at the end of the relevant subscription period for each type of subscription.
8.4 Use outside of the usual country of residence â€“ Please note that the Products will only work in the country in which we delivered the Watch and you should not take it outside of this country at any time. If you do take the Watch outside of this country it will not work and may also attract data roaming charges which will be charged to you.
9. Your rights to end the contract
9.1 Your rights to end the contract with us will depend on whether there is anything wrong, how we are performing and when you decide to end the contract:
(a) If the Products are faulty or not as described by us, you may have a legal right to end the contract, see clause 12;
(b) If you want to end the contract for the Products because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you have just changed your mind about the Products, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the Watch;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.4.
9.2 Ending the contract because of something we have done or are going to do.
(a) For the Watch. If you are ending the contract for the supply of the Watch for a reason set out at (i) to (ii) below, the contract will end immediately and we will refund you in full for the Watch. You may also be entitled to compensation. The reasons are:
(i) we have told you about an error in the price or description of the Watch you have ordered and you do not wish to proceed; or
(ii) you have a legal right to end the contract because of something we have done wrong.
(b) For the Ongoing Services. If you are ending the contract for Ongoing Services for a reason set out at (i) to (iv) below, the contract will end immediately and we will refund you in full for any Ongoing Services which have not been provided. You may also be entitled to compensation. The reasons are:
(i) we have told you about an upcoming change to the Ongoing Services or these terms which you do not agree to;
(ii) we have told you about an error in the price or description of the Ongoing Services you have ordered and you do not wish to proceed;
(iii) we have suspended supply of the Ongoing Services for technical reasons, or notified you that we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
(iv) you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind. You have a legal right to change your mind within 14 days after the day we contacted you to confirm that we accept your order for the Products. If you contact us in writing to let us know within these 14 days that you have changed your mind we will provide you with a full refund for the Products.
9.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind as the 14 day cooling off period has expired, you can still end the contract for the Ongoing Services. If you want to end the contract in these circumstances you will need to contact us in writing to let us know.
- Annual Subscription - If you have an annual subscription for the Ongoing Services you must provide at least one monthâ€™s notice prior to the end of the subscription period, our contract will then come to an end at the end of the subscription period. If you do not provide written notice to us to end our contract at least a month from the end of the subscription period, the annual subscription will automatically renew for another year. We will be under no obligation to refund any of the annual subscription price you have paid us upfront if you send us written notice to terminate our contract part way through the subscription period.
- Month to month - If you are on a month to month contract, our contract will come to an end at the end of the month following the month you contacted us in writing to end our contract. For example, if you tell us you want to end our contract on 15 February, our contract will come to an end and we will cease supplying the Ongoing Services to you on 31 March.
10. How to end the contract with us
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. You can print off the cancellation form from our website and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.
10.2 Returning the Watch after ending the contract. If you end the contract for the supply of the Watch after the Watch has been dispatched to you because of something we have done under clause 9.2(a) or by exercising your right to change your mind under clause 9.3 or, you must return the Watch to us. You must post it back to us at 60 Claylands Road, London, SW8 1NZ within 14 days of you telling us that you wish to end the contract.
10.3 When we will pay the costs of return. We will pay the costs of return of the Watch if:
(a) the Watch is faulty or misdescribed;
(b) there has been an error in pricing or description;
(c) there has been a delay in delivery of the Watch due to an event outside of our control; or
(d) you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 How we will refund you. If we refund you the price you paid for the Products including delivery costs, we will do this by the method you used for payment. However, we may make certain deductions from the price, as described below. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the Watch back from you.
10.5 Deductions from refunds. If you are exercising your right to change your mind under clause 9.3:
(a) We may reduce your refund to reflect any reduction in the value of the Watch, if this has been caused by you. If we refund you the price paid before we are able to inspect the Watch and later discover you have caused a decrease in the Watchâ€™s value, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of the Watch within 3-5 days at one cost but you choose to have the Watch delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
11. Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for Ongoing Services immediately at any time by writing to you if:
(a) you misuse the Watch in any way including removing the SIM card and placing it in another device;
(b) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products. If we end our contract under clause 11.1, we may immediately deactivate the Watch which will mean it will no longer work.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Ongoing Services we have not provided but we may deduct or charge you reasonable compensation for the costs that we incur as a result of you breaking the contract.
11.3 We may withdraw the Ongoing Services. We may write to you to let you know that we are going to stop providing the Ongoing Services at any time. We will let you know at least one month in advance of our stopping the supply of the Ongoing Services and will refund any sums you have paid in advance for Ongoing Services which will not be provided.
12. If there is a problem or fault with the product
12.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us to discuss.
12.2 We are under a legal duty to supply the Products in conformity with these terms.
(a) if your Watch is faulty in the first 30 days, then you can decide to end the contract and get a full refund or ask us to replace the Watch.
(b) if your Watch is faulty in the first 6 months, we will replace or repair it for you for no cost.
12.3 Your obligation to return the rejected Watch. If you wish to exercise your legal rights to reject the Watch because of a fault, you can post it back to us. We will refund the costs of postage to you.
13. Price and payment
13.1 Where to find the price for the Products. The price of the Products (which includes VAT) will be the price indicated on our website when you place your order. We take reasonable care to ensure that the price of the Products advised to you is correct.
13.2 When you must pay and how you can pay.
(a) For Watches, you must pay for the Watch when you place your order. We accept payment with all major credit or debit cards.
(b) For Ongoing Services:
(i) month to month subscription â€“ we will invoice you monthly in advance, you must pay each invoice on the first business day of the month after the invoice was issued. The first invoice we issue to you will include the fees for the first full month and also include the pro-rated fees for the period from the activation date of the Ongoing Services until the end of the first month. We accept payment with all major credit or debit cards. Alternatively you can set up a monthly direct debit with your bank. Our bank details are as follows [ ].
(ii) annual subscription â€“ you must pay for the first yearâ€™s subscription in full when you place your order. We accept payment with all major credit or debit cards.
13.3 We can charge interest if you pay late. If you do not make any payment to us for the Ongoing Services by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for the loss or damage that you suffer that is a foreseeable result of us breaking the contract or us failing to use reasonable care and skill, but we are not responsible for:
(a) any loss or damage that is not foreseeable, loss or damage is not foreseeable if either it is not obvious that it will happen or if, at the time the contract was made, both we and you did not anticipate that it might happen;
(b) any loss or damage that is caused by an event outside of our control for example issues with the network reception or a network outage causing the Watch or the carerâ€™s device to have poor network connection or a lack of network availability due to the location of the user or carer; or
(c) any loss or damage that is caused by you for example if the Watch does not work due to you failing to charge it, the Watch does not work because of damage caused by you or misuse of the Watch.
14.2 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions.
14.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
15.1 How we will use your personal information. We will use the personal information that you provide to us:
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed during the order process that we could, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15.2 Your location. The Ongoing Services require use of location data sent to us from your Watch. By placing the order for the Products, you consent to us, and warrant that you have obtained the consent or have authority to provide consent on the users behalf, of the user of the Products, to collect, process and use the location data to provide the Ongoing Services. If you do not consent, we will be unable to provide the Ongoing Services.
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for Ongoing Services not provided.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Ongoing Services, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.