3RINGS TERMS (7th October 2015)
Welcome to 3rings located at www.3rings.co.uk (the “Website”) and provided by 3rings Care Limited. We are a limited company registered in England and Wales under company number 8355115 and have a registered office address of The Glades Festival Way, Festival Park, Stoke-On-Trent, Staffordshire, ST1 5SQ. Our VAT number is 158 3801 96. Any reference to “3rings”, “We” or “Us” in these Terms of Service is to 3rings Care Limited. Any reference to “You” or “Your” is to the person wishing to access the Service.
These Terms of Service (together with any documents referred to in it) are a legal and binding agreement between You and 3rings and governs Your use of 3rings products, software, services and websites (which are collectively known as the “Service”) whether as a guest or a registered user. Use of the Service will include (but is not limited to) You accessing, browsing and registering to use the Service and receipt of the Notification and Escalation Services.
Please read these Terms of Service carefully before you start to use the Service, as these will apply to Your use of the Service. We recommend that you print a copy of this for future reference. By using the Service, You confirm that you accept these Terms of Service and You agree to comply with them. If you do not agree to these Terms of Service, You must immediately stop using the Service.
Below We have provided a brief summary of some of the key points of these Terms of Service which We would particularly like to bring to Your attention. However, You should still read the full version of the Terms of Service below.
- Suitability of the Notification and Escalation Services - You should consider carefully if the Notification and Escalation Services We provide with regard to a Loved One will meet Your requirements. All of Our Notifications are part of an automated process. We do not provide any type of emergency service (nor do We notify any emergency services or medical practitioner) and should not be the only method used of monitoring or caring for a Loved One. Notifications may be subject to delays and failures beyond Our reasonable control and We have no liability to You for these. See Sections 3 and 9.
- Changes to the Terms of Service and the Service - We may change at any time these Terms of Service, the Service and the Fees payable for the Service. If You do not agree to the changes then You must stop using the Service and (if relevant) cancel Your Subscription. A repayment of any pre-payment of Fees by You may apply in such circumstances. See Sections 2.4 and 5.2. We may also terminate the Service, see Section 5.4.
- Fees - if You have a Subscription, Your credit or debit card will automatically be charged at the start of the Subscription and upon each renewal thereafter, unless You cancel Your Subscription before the renewal date. We may cancel or suspend the Service and Your Subscription without notice to You if We are unable to charge Your debit or credit card through no fault of Our own. See Section 6.
- Our Liability to You and Events Outside Our Control - In total We are not liable to You for any loss or damage that is not foreseeable or exceeds £500. The Service is provided “as is” without any conditions or warranties. We are not liable for any failure to perform the Service caused by an Event Outside of Our Control. See Sections 8 and 9.
- Cancelling a Subscription and/or Your Account - A Subscription automatically renews unless and until You or Us cancel the Subscription. See Section 10.
- Compensation - You agree to compensate Us for Your breach and other actions arising from Your use of the Service. See Section 13.
Please bear in mind that this is just a Summary and not a substitute for the Full Version of the Terms of Service below. In the unlikely event that this Summary clashes or conflicts with what is stated in the Full Version, then it is the content of the Full Version that will apply to You and 3rings.
Full Version of Terms of Service
THESE TERMS OF SERVICE DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER
When the following words with capital letters are used in these Terms of Service, this is what they will mean:
- 3rings Plugs: the designated 3rings Plugs used by the Loved One as part of the Notification and Escalation Services;
- Account: an account registered with 3rings for the purpose of receiving the Service;
- Account Data: is defined in Section 4.3;
- Event Outside Our Control: is defined in Section 9;
- Fees: the fees and charges payable by You to Us to receive the Service;
- Family & Friends: any person that sets up an Account for the purpose of receiving the Notification and Escalation Services in connection with a Loved One;
- Loved One: the person who the Organiser and the Family & Friends want to receive Notifications about;
- Notifications: the automated notifications. We send as part of the Notification and Escalation Services which, depending on the Subscription and Account settings, may be delivered by phone, email, SMS, push notification and/or via logging in to an Account;
- Notification and Escalation Services: the notification and/or escalation services that We agree to provide to You as part of the Service and as set out in more detail on the Website (and as amended by Us according to these Terms of Service);
- Organiser: the person who initially sets up with Us the receipt of Notification and Escalation Services with regard to a Loved One by setting up an Account, identifying the Loved One and inviting Family & Friends to receive Notifications about the Loved One;
- Partners: Our affiliates, subsidiaries, holding companies, officers, directors, employees, agents, representatives, licensors and partners;
- Software: is defined in Section 12.4;
- Registered Loved One‘s Phone Number: the UK registered land-line or mobile telephone number associated with the Loved One as provided to Us and updated from time to time;
- Subscription: a subscription for the Service for which You pay a Fee;
- Third Party Data: is defined in Section 7.2.
Our Agreement with You
- The Service is only for use by persons over the age of 18 years of age and by registering an Account You warrant that You are over the age of 18 years of age.
- The Service is provided for Your personal and non-commercial use only.
- We reserve the right at any time to modify these Terms of Service and to impose new or additional terms or conditions on Your use of the Service. If the changes are significant (which include but are not limited to changes which result in the payment of a Fee by You or an increase to the Fees You are required to pay to Us), We will notify You of the change via the Website and/or to the email address provided within Your Account Data. If You do not agree with any changes We make to the Terms of Service then, you must stop using the Service immediately and (if relevant to You) notify Us by email to email@example.com that You wish to cancel Your Subscription. Upon such cancellation of a Subscription by You, You will have the right to be refunded for any pre-payment of Fees which relate to the period following the date of Your cancellation. Your continued use of the Service will be deemed acceptance of all modifications and additional terms and conditions whether or not You have read them.
- With the exception of the refund of pre-payments of Fees under Section 2.4, You agree that We will not be liable to You or anyone else for any modification to these Terms of Service.
- If We agree to provide Notification and Escalation Services to You, We will commence these as soon as We can and You agree that We may commence these before the expiry of any cooling-off period You may otherwise have been entitled to under the Distance Selling Regulations or otherwise. Please note that You will not be able to cancel Your Subscription under Regulation 10 of the Distance Selling Regulations and claim a refund once We have commenced the Notification and Escalation Services to You. Please see Section 10 for Your rights to cancel.
- As a consumer, You may have legal rights in relation to the Service not being carried out with reasonable skill and care. Advice about Your legal rights is available from Your local Citizens‘ Advice Bureau or Trading Standards office. Without prejudice to Section 2.6, nothing in these Terms of Service will affect these legal rights.
Suitability of the Notification and Escalation Services
- It is very important that You consider if the Notification and Escalation Services We provide will meet Your needs and requirements with regard to monitoring of and/or being notified about the Loved One. Our Notification and Escalation Services are the automated communication of Notifications to the Organiser, the Loved One and/or the Family & Friends in accordance with Account preferences. We do not provide any live service whereby an Organiser, a Loved One or Family & Friends can communicate directly to a human being over the telephone or otherwise.
- Our Notification and Escalation Services should not be used as the only method of monitoring and/or caring for a Loved One and even more so where that Loved One requires or would be better suited to a full or part time care programme. We do not provide any type of emergency service and We do not notify or seek assistance from any emergency service or medical practitioner as part of the Service. How the Organiser, a Loved One and/or any Family & Friends respond to a Notifications is entirely up to the Organiser, the Loved One and the Family & Friends and We will not be responsible or liable for any such acts or omissions by the Organiser, the Loved One and/or the Family & Friends or for the inaccurate, incomplete or delayed updating of any Account by any person.
- The Loved One is required to have in place and maintain for the duration of the Notification and Escalation Services a UK registered land line or mobile. In addition, We will only call UK registered land lines and mobile telephone numbers as part of the Notification and Escalation Services.
- To provide the Notification and Escalation Services effectively We need to be able to recognise the Loved One as the user of the 3rings Plugs. We will only recognise signals from the 3rings Plugs installed at a designated Loved One’s household and for that to operate a usable and connectible mobile network signal must be available at the location where the 3rings plug is installed.
- Our aim is to provide the Notifications to You in accordance with Your Account preferences for receipt of such Notifications as soon as We can. However, there may be delays or a failure to provide the Notification and Escalation Services due to an Event Outside Our Control. See Section 9 for Our responsibilities when an Event Outside Our Control happens.
- In the event that the Subscription and/or Account of an Organiser is cancelled, terminated and/or deleted, We will not be liable to You or any other person to continue providing the Notification and Escalation Services thereafter.
- If You chose to be a registered user of the Service, You may establish an Account. We reserve the right to refuse Your registration at Our absolute discretion. When registering an Account You are confirming to Us that You are resident in a country which permits You to use the Service accordingly to applicable laws. You are responsible for ensuring that Your use of the Service is lawful under the laws of any country from which You access them.
- Only You may access and use Your Account and no other person. If you choose or are provided with any user identification code, password or other information as part of Our security procedures for the Service, You must keep this confidential. You must notify Us immediately if You know or suspect any unauthorised activity on Your Account. We will not be liable to You for any losses arising out of the unauthorised use of Your Account as a result of Your failure to comply with this Section 4.2 (unless We failed to exercise Our reasonable skill and care).
- You agree to provide Us with true, accurate and complete information as required by Us via the sign-up process to open an Account or otherwise during the Service (which may include but is not limited to the data relating to an Organiser, a Loved One and/or Family & Friends) (“Account Data”). You agree to maintain and promptly update the Account Data to ensure it remains true, accurate and complete information. We may suspend, terminate and/or delete Your Account if You fail to comply with this Section 4.3. For further information on how We may use the Account Data, please see Section 7.
- You are responsible for all Fees in respect of the Service and all activity and usage of the Service via Your Account.
- You agree to use the Service in a way that does not:
- cause nuisance, disruption or disturbance to others (including but not limited to a Loved One);
- defame, threaten, bully, harass, abuse or otherwise violate the rights of others or for any unlawful or immoral purpose; or
- interfere with the smooth running of the Service, introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- breach applicable laws;
- attempt to access any component or part of the Service which You are not authorised to access including but not limited to the servers on which the Service is hosted or any server, computer or database connected to the Service.
Without any liability to You We reserve the right to change Your Account preferences, terminate, suspend and/or delete Your Account and Subscription if We reasonably believe that You have failed to comply with this Section 4.5.
- Use of the Service and Software may be subject to the export and import laws. You agree to comply with all applicable export and import laws and regulations. You also agree that You will not use the Software or Service for any purposes prohibited by law.
Changes to the Service and Termination of the Service
- We reserve the right at any time to release and make available additional features and improvements to the Service and may charge a Fee for You to access such features and improvements. As part of the Service, You may from time to time receive updates to the Software from Us which may be automatically downloaded and installed to Your device or computer. Such updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that We may automatically deliver such updates to You as part of the Service and You shall receive and install them as required.
- We reserve the right at any time to modify the Service (in whole or part) either temporarily or permanently. If any change is significant We will notify You of the change via the Website and/ or to the email address provided within Your Account Data. If You do not agree with any change We make to the Service then, You must stop using the Service immediately and (if relevant to You) notify Us via email to firstname.lastname@example.org that You wish to cancel Your Subscription. Upon such cancellation of a Subscription by You, You will have the right to be refunded for any pre-payment of Fees which relate to the period following the date of Your cancellation. Your continued use of the Service will be deemed acceptance of all modifications to the Service.
- With the exception of the refund of pre-payments of Fees under Section 5.2, You agree that We will not be liable to You or anyone else for any modification to the Service.
- We reserve the right at any time and without cause or fault to terminate the Service and/or discontinue Your use of the Service and accordingly delete Your Account and (if relevant) terminate Your Subscription. We will notify You of this via the Website and/or to the email address provided within Your Account Data. You will have the right to be refunded for any pre-payment of Fees which relate to the period following the date of the cancellation of a Subscription.
- With the exception of the refund of pre-payments of Fees under Section 5.4, You agree that We will not be liable to You or anyone else for Our termination of the Service and/or Your Subscription, the discontinuance of Your use of the Service and/or the deletion of Your Account.
- We may have to temporarily suspend the Service if We have to deal with technical problems. We will contact You via the Website and/or to the email address provided with Your Account Data to let You know in advance where this occurs, unless the problem is urgent or an emergency in which case We reserve the right to Suspend the Service without notice.
- In the unlikely event that there is any defect with the Service please contact Us at email@example.com and tell Us as soon as reasonably possible and We will review the defect and if relevant try to repair or fix the defect as soon as We can.
Fees, Other Charges and Payment
- You are responsible for the payment of any Fees, charges, expenses and costs associated with Your access to and use of the Service (which may include but is not limited to internet service provider fees, telephone provider fees, call charges and the cost of any equipment). The Website will notify You of the cost to call the 3rings Phone Number from a BT landline and the Organiser is responsible for informing an updating the Loved One of these costs.
- The Fees are set forth on the Website and are inclusive of VAT. Without prejudice to Section 2.4, the Fees may be revised by Us at any time. You agree to pay any Fees for the Service using a valid debit or credit card or via a valid PayPal account (or such other means of payment as We may accept from time to time).
- Your credit or debit card will automatically be charged at the start of a Subscription period and upon each automatic renewal thereafter.
- Our standard Subscription period is monthly. If You have purchased a standard monthly Subscription, You will be charged at the start of Your Subscription and upon each monthly renewal thereafter. You will automatically be charged at the then standard current Fee at each renewal unless You cancel Your Subscription with Us before the renewal date. You can cancel Your Subscription at any time by emailing Us at firstname.lastname@example.org.
- If You have purchased a non-standard Subscription (including a promotional or discounted Subscription or a pre-payment Subscription over a period longer than a month) You will be charged at the start of Your Subscription and, upon the expiry of the Subscription, You will automatically be transferred to Our standard monthly Subscription at the then standard current Fee for that Subscription unless You cancel Your Subscription before the renewal date. You can cancel Your Subscription at any time by emailing Us at email@example.com.
- You are responsible for updating Your payment details for the Account with alternative details in the event that Your credit or debit card or any other method of payment is no longer valid or is suspended. In the event that We are unable to fully charge Your credit or debit card for a Subscription through no fault of Our own, We reserve the right to cancel and/or suspend Your Subscription without further notice or liability to You and/or delete Your Account.
- We are not liable to provide Notification and Escalation Services to any person in the event that any fees or charges are due and owing to Us for such (whether from the Organiser or any other third party).
Our Use of the Account Data and Other Information You Provide
- It is entirely Your responsibility to get the consent of the relevant individual before You provide any data relating to an Organiser, a Loved One and/or a member of Family & Friends (“Third Party Data”) to Us. By providing Third Party Data to Us, You warrant and represent that the relevant individual has consented to the disclosure by You of the Third Party Data to Us and to Our processing of the Third Party Data in connection with the provision of the Service to You, which may include providing the Third Party Data to our third party suppliers and sub-contractors who help us provide the Service to You.
Our liability to You
- If We fail to comply with these Terms of Service or We fail to exercise reasonable skill and care in providing the Service, We may be responsible for loss or damage You suffer that is a foreseeable result.
- To the greatest extent permitted by applicable law, We (and Our Partners) are not responsible for any loss or damage that You may suffer as a result of Your use of the Service that is:
- not foreseeable by You or Us when You used the Service;
- not as a result of Our breach of these Terms of Service or Our negligence or Our breach of a statutory duty.
- We only provide the Service for domestic and private use. You agree not to use the Service for any commercial, business or re-sale purpose, and (to the greatest extent permitted by applicable law) We and Our Partners have no liability to You for any loss of use, loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (except for liability under Section 8.6).
- If We or Our Partners are liable to You (whether due to breach of these Terms of Service, Our negligence or otherwise) such liability to You or any other person in total shall not exceed £500 (except for liability under Section 8.6).
- Without prejudice to Your rights under applicable law and Sections 2.7 and 8.6, the Service is provided on an “as is” and “as and when available” basis and without any representation or endorsement or warranties of any kind, either expressed or implied. We and Our Partners disclaim all conditions and warranties, express or implied, including but not limited to implied conditions or warranties of fitness for a particular purpose, compatibility, security or accuracy. We do not warrant that the Service will be complete, up to date, uninterrupted, error free, that defects will be corrected, or that the Service is free from loss, corruption, attack, viruses or other harmful components. We strongly recommend You use anti-virus software and appropriate firewalls.
- We do not exclude or limit in any way Our liability for:
- death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- any matter for which We are not allowed to exclude or limit Our liability to You according to applicable law.
Events Outside Our Control
- By their nature, Notifications sent via telecommunication networks may be subject to delays and failures beyond Our reasonable control and We shall not be liable to You for any such delays or failures. We cannot be held responsible for any delayed, lost or corrupted Notifications as a result of technical error beyond Our reasonable control or for any losses caused by the non-availability, incompatibility or failure of any telecommunication or computer service, system, equipment or software operated by You or a third party.
- We will not be liable or responsible for any failure of the Service or any failure to perform, or delay in performance of, any of Our obligations under these Terms of Service that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure, delay or disruption of public or private telecommunications networks, the internet, computer equipment failures or other equipment failures.
Cancelling a Subscription and/or Your Account
- A Subscription automatically renews for successive subscription periods unless and until You or Us cancel the Subscription.
- You may cancel a Subscription and/or Your Account at any time without reason by emailing Us at firstname.lastname@example.org and We will arrange the cancellation as soon as We can. In the event of such cancellation by You, We will not be obliged to return to You any Fees paid by You (including any pre-payment of Fees for the Service).
- In addition, You may cancel Your Subscription and/or Your Account with immediate effect by giving Us written notice if We break the Terms of Service in any material way and We do not correct or fix the situation within 10 days of You asking Us to in writing. In the event of such a cancellation by You We will refund to You any pre-payment of Fees in relation to the period following the date of Your cancellation.
- In addition to Our other rights to cancel a Subscription as stated in these Terms of Service, We may cancel Your Subscription and/or Your Account at any time with immediate effect by giving You written notice the email address provided within Your Account Data if You break the Agreement in any material way and You do not correct or fix the situation within 10 days of Us asking You to in writing. In the event of such a cancellation by Us We will not be required to refund to You any pre-payment of Fees paid by You.
- Upon cancellation of Your Account You will lose all access to the Service. Furthermore, We reserve the right to delete information and data stored in or as a part of Your Account.
- We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions, will always be available or be uninterrupted.
- The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
- You may link to the home page of the Website, provided:
- You do so in a way that is fair and legal and provided that the link does not portray Us or the Service in a false, misleading, derogatory or offensive manner;
- the link is not established in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
- the link is from a website that is owned by You or You have the owner‘s permission;
We reserve the right to withdraw linking permission without notice.
- Where the Website contains links to other websites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those websites or resources, nor do We have any liability to You in connection with them.
- You must not frame or use framing techniques to enclose any part of the Website or any content accessible on it without Our consent.
Intellectual Property Rights
- You acknowledge that We are the owner or the licensee of all intellectual property rights in the Service, and in the material published as part of the Service. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off and may download extracts, of any pages from the Service for Your personal use. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content of the Service must always be acknowledged. If You print off, copy or download any part of the Service in breach of these Terms of Service, Your right to use the Service will cease immediately and you must, at Our option, return or destroy any copies of the materials You have made.
- 3rings is UK registered trade mark of 3rings Care Limited.
- We grant You a personal, non-exclusive, non-transferable, revocable license to use the Software We provide as part of the Service (the “Software”) in accordance with these Terms of Service. The licence is granted subject to You not (directly or indirectly) copying, modifying, renting, loaning, distributing, creating derivative works. of, reverse engineering, decompiling, or otherwise attempting to discover the source code, or transferring any right in the Software (unless such act is expressly permitted or required by law).
You agree to compensate Us and Our Partners for any loss, damage, costs, claims and liabilities (including reasonable legal fees) incurred by Us or Our Partners arising from any breach of these Terms of Service or any unlawful actions against other persons through Your use of the Service. This obligation shall survive the termination or expiration of these Terms of Service and Your use of the Service.
- If You have any questions or if You have any complaints, please contact Us. You can contact Us by via the Website, telephoning Our customer service team at 0161 731 0081 or by e-mailing Us at email@example.com.
- If You wish to contact Us in writing, or if any section in these Terms of Service requires You to give Us notice in writing, You can send this to Us by e-mail to firstname.lastname@example.org, by hand, or by pre-paid post to 3rings Limited at The Glades Festival Way, Festival Park, Stoke-On-Trent, Staffordshire, ST1 5SQ.
- If We have to contact You or give You notice in writing, We may do so by notification via the Website or the Service, or by email to the email address provided within Your Account Data or by post to the address provided within Your Account Data.
Other Important Terms
- We may transfer Our rights and obligations under these Terms of Service to another organisation, and We will always notify You if this happens, but this will not affect Your rights or Our obligations under these Terms of Service.
- You may only transfer Your rights or Your obligations under these Terms of Service to another person if We agree in writing.
- These Terms of Service are between You and Us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms of Service 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.
- If We fail to insist that You perform any of Your obligations under these Terms of Service, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
- These Terms of Service are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.