What is MonitorGO®?

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Website Terms & Conditions

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) and services (Services) listed on www.monitorgo.com (our Website) to you.

These Terms will apply to any contract between us for the sale of Products and/or Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering anything from our Website. Please note that by placing an order, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from our Website.

We highly recommend that you print a copy of these Terms at the time that you make your purchase for future reference.

We amend these Terms from time to time as set out in clause 9. Every time you wish to place an order, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

warning:

The Products, software and services provided are intended to be used as living aids alongside the appropriate care and supervision. they are not indended to replace or reduce the need for adequate care and supervision.

THE PURPOSE OF THE INFORMATION ON OUR WEBSITE IS TO PROVIDE YOU WITH GENERAL INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT WE OFFER. IT IS FOR YOU TO DECIDE, WHETHER ANY OF OUR PRODUCTS AND SERVICES ARE SUITABLE FOR YOUR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO:

  1. WHETHER ANY MOBILE PHONE CONTRACT THAT YOU PURCHASE FROM US PROVIDES ADEQUATE PROVISION FOR PERSONAL NEEDS BEYOND THAT REQUIRED BY US IN ORDER TO PROVIDE THE SERVICES;
  2. WHETHER 24/7 CALL CENTRE MONITORING IS REQUIRED; AND
  3. WHETHER THE METHODS OF NOTIFICATION AND PERSONS TO BE NOTIFIED AS CHOSEN BY YOU ARE SUITABLE FOR YOUR PARTICULAR CIRCUMSTANCES.

WHILST ALL INFORMATION PROVIDED BY US HAS BEEN GIVEN IN GOOD FAITH, NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS OR WILL BE MADE AND NO RESPONSIBILITY OR LIABILITY IS OR WILL BE ACCEPTED BY US IN RELATION TO THOSE MATTERS SET OUT AT CLAUSES A – C ABOVE, FOR EXAMPLE, WHERE YOU CHOOSE NOT TO PURCHASE 24/7 CALL CENTRE MONITORING AND INJURY IS CAUSED OR EXACERBATED DUE TO YOUR FAILURE TO PROVIDE ADEQUATE EQUIVALENT MONITORING; ANY SUCH LIABILITIES ARE EXPRESSLY DISCLAIMED.

IN THE EVENT THAT YOU ORDER PRODUCTS AND SERVICES THAT ARE UNSUITABLE, YOU MAY USE OUR 14 DAY RETURNS POLICY TO RETURN YOUR PRODUCT AND CANCEL YOUR SERVICES.

1. Information about us

1.1          We operate the Website. We are MonitorGo Ltd, a company registered in England and Wales under company number 08563571 and our registered office is at The Media Centre, 7 Northumberland Street, Huddersfield HD1 1RL. Our VAT number is 167117507.

1.2          To contact us, please use our Contact Us page.

2. Our Products

2.1          The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the true colour of the Products. Your Products may vary slightly from those images.

2.2          Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website are approximate and have been supplied to us by the relevant manufacturer of the Product. We do not accept any liability if such measurements are incorrect.

2.3          The packaging of the Products may vary from that shown on images on our Website.

2.4          All Products shown on our Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.

2.5          Use of our software is subject to the terms of the End User Licence Agreement. If you have purchased a Product as a gift, the recipient of the gift must also abide by the terms of the End User Licence Agreement and you will be responsible for any breach by them.

3. Our Services

3.1         We will supply the Services to you from the date of the Dispatch Confirmation. If you choose to purchase a mobile phone contract from us together with your Product, this will be provided on a rolling month to month basis (the mobile phone contract will automatically renew on a monthly basis) until you cancel the mobile phone contract by giving us at least 30 days written notice.

3.2          We will need certain information from you that is necessary for us to provide the Services, for example, the emergency contact details. You will be asked to provide this as part of the registration process. If you are providing information about a third party you warrant that you have the express authorisation of that party to provide the information. We shall not be liable for any failings of the Services if you provide us with incomplete or incorrect information and we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided the relevant information to us. If we suspend the Services under this clause 3.2, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.

3.3          In order to work, the MonitorGo system requires you to have a valid mobile phone contract and SIM card compatible with your Product in place at all times whilst you are receiving the Services. The mobile phone contract must meet the minimum specifications of 1GB of dedicated monthly data provision, unrestricted UK land line call provision to all area codes starting with the numbers “01”, “02” and “03” and unrestricted SMS provision. If you so choose, MonitorGo Ltd may provide a mobile phone contract through EE, our partner provider of telephonic services, as part of your Contract. This mobile phone contract is provided on a rolling month to month basis and can be cancelled at any time by you giving to us 1 month’s prior written notice, and is subject to our partner provider’s terms and conditions. Any breach by you of such terms and conditions may result in a withdrawal of telephonic services by our partner provider and this will be deemed to be a material breach by you of these Terms. If you do not have a mobile phone contract and compatible SIM card in place that meets the above specification, this will also be considered a material breach of these Terms.

3.4          We may have to suspend the Services if we have to deal with technical problems. We will use reasonable endeavours to contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.

3.5          If you do not pay us for the Services when you are supposed to, we may suspend the Services upon giving you prior written notice until you have paid us the outstanding amounts (except where you dispute an invoice under clause 14.5). We will use reasonable endeavours to contact you to tell you if we are going to suspend the Services. This does not affect our right to charge you interest under clause 14.4.

3.6          Once we have begun to provide the Services to you, we may cancel the Services at any time by providing you with at least 30 days’ prior written notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.

3.7          We may cancel the Services at any time by giving you written notice if:

(a)        you do not pay us when you are supposed to. This does not affect our right to charge you interest under clause 14.4; or

(b)        you breach the Contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to do so in writing.

4. Use of our Website

Your use of our Website is governed by our Website Terms of Use. Please take the time to read these, as they include important terms which apply to you.

5. How we use your personal information

We only use your personal information in accordance our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

6. If you are a consumer

This clause 6 only applies if you are a consumer.

6.1          If you are a consumer, you may only purchase Products and Services from our Website if you are at least 18 years old.

6.2          As a consumer, you have legal rights in relation to:

(a)        Products that are faulty or not as described; and

(b)        Services not carried out with reasonable skill and care.

Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7. If you are a business customer

This clause 7 only applies if you are a business.

7.1          These Terms only apply to our supply of Products and Services to consumers. If you are a business customer please contact us at contact@monitorgo.com.

8. How the Contract is formed between you and us

8.1          For the steps you need to take to place on order on our Website, please see our Order Your MonitorGo page.

8.2          Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Please note that you cannot place an order until you have provided all necessary information to enable the provision of Services.

8.3          After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.4.

8.4          We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched and that the Services will commence (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

8.5          If we are unable to supply you with a Product, for example because that Product is not in stock or because of an error in the price on our Website as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

9. Our right to vary these Terms

9.1          We may revise these Terms from time to time.

9.2          Every time you order Products and/or Services from us, the Terms in force at that time will apply to the Contract between you and us.

10. Your consumer right of return and refund

10.1        You have a legal right to cancel a Contract during the period set out below in clauses 10.3 and 10.4. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product or continue receiving Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

10.2        However, this cancellation right does not apply in the case of:

(a)        any Products made to your specification or clearly personalised;

(b)        periodicals or magazines; and

(c)       software, DVDs or CDs which have a security seal which you have opened or unsealed.

10.3        Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 14 days in which you may cancel, starting from the day after the day you receive the Products. We will confirm your cancellation in writing to you.

10.5        To cancel a Contract, please use the Cancellation Form on our Website or contact us in writing to tell us by sending an e-mail to contact@monitorgo.com or by sending a letter to The Media Centre, 7 Northumberland Street, Huddersfield, HD1 1RL. You may wish to keep a copy of your cancellation notification for your own records. If you exercise your right to cancel, then your cancellation is effective from the date you submit the completed Cancellation Form, send us the e-mail or post the letter to us (as the case may be).

10.6        If you cancel a Contract for Services under clause 10.3 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.

10.7        However, if you cancel an order for Services under clause 10.4 and we have already started to provide the Services at that time, you will pay us any costs that we have reasonably incurred in starting to provide the Services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.

10.8        If you cancel an order for Products, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you have paid. We will make the reimbursement without undue delay, and not later than:

(a) 14 days after the day we receive back from you any Products supplied; or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the Products; or

(c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel a contract,

however, we may withhold reimbursement until we have received the Products back or you have supplied evidence (by tracked post) of having sent back the Products, whichever is the earliest.

10.9        If you have returned the Products to us under this clause 10 because they are faulty or misdescribed, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

10.10      We refund you on the credit card or debit card used by you to pay.

10.11      If the Products were delivered to you:

(a)        you must return the Products to us as soon as reasonably practicable;

(b)        unless the Products are faulty or not as described (in this case, please see clause 10.9), you will be responsible for the cost of returning the Products to us; and

(c)        you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession. We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

10.12      Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.

10.13      In the unlikely event that there is any defect with the Services:

(a)        please contact us and tell us as soon as reasonably possible;

(b)        please give us a reasonable opportunity to repair or fix any defect; and

(c)        we will use every effort to repair or fix the defect within 24 hours.

You will not have to pay for us to repair or fix a defect with the Services or Product under this clause 10.13.

10.14      As a consumer, you will always have legal rights in relation to Products and Services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

11. Delivery

11.1        Your order for Products will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined in clause 18.2). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

11.2        Delivery will be completed when we deliver the Products to the address you gave us.

11.3        If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

11.4        The Products will be your responsibility from the completion of delivery.

11.5        You own the Products once we have received payment in full, including all applicable delivery charges.

12. International delivery

12.1        We deliver to the countries listed on the delivery information page (Delivery Destinations). However there are restrictions on some Products for certain Delivery Destinations, so please review the information on that page carefully before ordering Products.

12.2        If you order Products from our Website for delivery to a Delivery Destination outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

12.3        You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

12.4        You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

13. Prices of Products, Services and delivery charges

13.1        The prices of the Products and Services will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of the Product and/or Services that you have ordered, please see clause 13.5 for what happens in this event.

13.2        Prices may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

13.3        The price includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.

13.4        The price of a Product does include delivery charges to UK addresses where expressly stated in writing only.

13.5        Our Website contains a large number of Products and Services. It is always possible that, despite our reasonable efforts, some of the items on our Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a)        where the correct price is less than the price stated on our Website, we will charge the lower amount. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the items to you at the incorrect (lower) price; and

(b)        if the correct price is higher than the price stated on our Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

14. How to pay

14.1        You can only pay for Products using a debit card or credit card. We accept the following methods: VISA and Mastercard (for the avoidance of doubt, not American Express, Visa Electron or Maestro).

14.2        If you choose to make an upfront payment, for the Products, Services and applicable delivery charges then your debit card or credit card will be charged when you place an order or, at the latest, at the time we dispatch your order. In the unlikely event that we are unable to accept your order, we will repay any amounts paid to you as soon as possible.

14.3        Where you choose to pay for the Services on a monthly basis, payment shall be made by you to us via direct debit where possible.

14.4        If you do not make any payment due to us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC 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.

14.5        However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 14.4 will not apply in respect of such disputed amount for the period of the dispute.

15. Manufacturer guarantee

15.1        Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with each Product.

15.2        Any such manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

16. Our warranty for the Products

16.3       In addition to the first year manufacturer’s guarantee covering the mobile phone and optional key safe supplied, MonitorGO Ltd provides a second year guarantee, subject to the terms and conditions below.

Our guarantee provides:

  • a repair service in the event of breakdown of any functioning part of your product, for the period stated above;
  • a repair service without charge up to a cost of £50 per device;
  • repair services provided by authorised service technicians;
  • if we can’t repair your item, we’ll replace it with an item of equivalent specification; and
  • occasionally, we may ask you to pay for the repair and claim the cost of the repair from us.

Our guarantee excludes:

  • fair wear and tear;
  • abnormal storage or working conditions;
  • failure to operate or use the product in accordance with the user instructions;
  • any alteration or repair by you or by a third party who is not one of our authorised repairers;
  • any specification provided by you;
  • repairs due to breakdown caused by use other than domestic use by you;
  • damage to the mobile phone screen;
  • cosmetic damage (damage to non-functional parts which do not affect the normal use of the product including, without limitation, damage to the cabinet trim, scratches and rust);
  • work relating to a manufacturer’s recall of the product;
  • any loss suffered as a result of not being able to use the product or any loss other than the repair or the replacement cost of the product;
  • servicing, inspecting or cleaning the product;
  • accidental damage and wilful damage by you or by any third party; and
  • damage caused by negligence by you or by any third party.

Please note we reserve the right to charge for the expense of a service call, when no fault has been found with the product on inspection.
If your product breaks down:

  • look for visible signs of the breakdown and consult the fault finding guide in the product handbook; and
  • if the product still fails to function, please call our Technical Support Team within 14 days of the break down on 01484 483160 to report the breakdown and to obtain authorisation and service details.

16.4            This warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

17. Our liability to you

17.1        If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

17.2        We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3        We do not in any way exclude or limit our liability for:

(a)        death or personal injury caused by our negligence;

(b)        fraud or fraudulent misrepresentation;

(c)        any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d)        any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)        defective Products under the Consumer Protection Act 1987.

18. Events outside our control

18.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.

18.2        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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.3        If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)        we will contact you as soon as reasonably possible to notify you; and

(b)        our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

19. Communications between us

19.1        When we refer, in these Terms, to “in writing”, this will include e-mail.

19.2        To cancel a Contract in accordance with your legal right to do so as set out in clause 10, you must contact us in writing by sending an e-mail to contact@monitorgo.com or by sending a letter to The Media Centre, 7 Northumberland Street, Huddersfield HD1 1RL. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

19.3        If you wish to contact us in writing for any other reason, you can send this to us by e-mail via the Contact Us page. You can always contact us using our Customer Services telephone line.

19.3        If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

20. Other important terms

20.1        We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

20.2        You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Product as a gift, you may transfer the benefit of the warranty in clause 16 to the recipient of the gift without needing to ask for our consent.

20.3        The Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms. In addition, such person will also be bound by the terms of the End User Licence Agreement.

20.4        Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5        If we fail to insist that you perform any of your obligations under these Terms, 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.

20.6        These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. 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.