Welcome

Terms & Conditions

This contract will be between you and Careline365 Limited.

Summary of some of your key rights:

This contract sets out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘our’ means Careline365 Limited;
• ‘You’ or ‘your’ means the person purchasing the Package from us;
• ‘Alarm’ means goods in the form of a Careline alarm base unit and pendant or any other personal alarm unit or pendant purchased from us;
• ‘Alarm Response Team‘ means the team who provide the monitoring service and receive notification of any alert raised by an Alarm. The Alarm Response Team may be an external third-party supplier and not Careline365 Ltd. This is dependent on your location;

• ‘Monitoring Service’ means services in the form of a 365-day, 24-hour monitoring service for any alert raised through use of an Alarm;

• ‘Alarm and Monitoring Package’ means a combined package of goods (in the form of the Alarm) and services (in the form of the Monitoring Service) available for purchase through us;

• “Terms & Conditions” means those terms of which this document comprises and forms the contract between you and us, to which you and us are both bound;

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

• email: info@careline.co.uk; or
• telephone: 0800 101 3333

Who are we?

1 Introduction

1.1 If you buy goods or services from us or you have commenced use of the services prior to signing and returning the Terms & Conditions to us, you agree to be legally bound by this contract

1.2 This contract is only available in English. No other languages will apply to this contract.

2 Ordering goods and services from us

2.1 Below, we set out how a legally binding contract between you and us is made.

2.2 You can place an order with us either through our website (www.careline.co.uk) or by calling us on 0800 101 3333. You may also initiate your order by filling out an order form in our information pack, or with help from your care provider.

2.2.1 When you place your order with us (either over the phone or at the end of the online checkout process), we will acknowledge it by email for online orders and phone orders.

2.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a) we cannot authorise your payment; or

(b) there has been a mistake on the pricing or description of the goods.

2.2.3 Otherwise, your order will be accepted at the point it is placed, and when initial payment is received, at which point a legally binding contract will be in place between you and us. You will then be required to accept these Terms and Conditions and return them to us, either in the form of a signed paper copy, or by filling out our online form, or alternatively by verbal confirmation if necessary. Upon receipt of your acceptance of our Terms & Conditions along with your completed new customer form, we will activate your Monitoring Service. We cannot activate your Monitoring Service without this form.

3 Right to cancel this contract

3.1 You have the right to cancel this contract within 30 days of placing your order without giving any reason.

3.2 The cancellation period will expire 30 days from the day you place your order. You will not be able to cancel this contract (although you may end this contract in accordance with clause 12) and no refunds will be provided after this date.

3.3 To exercise the right to cancel, you must clearly inform us of your decision to cancel this contract by telephoning our customer service team on 0800 101 3333.

3.4 To meet the cancellation deadline, it is sufficient for you communicate your exercise of the right to cancel (by telephone) before the cancellation period has expired.

4 Effects of cancellation

4.1 Subject to clause 4.2, if you cancel this contract within the cancellation period, we will reimburse to you all payments received from you, except for the supplementary costs arising if you chose a type of delivery other than free standard delivery offered by us.

4.2 We may make a deduction from any reimbursement to you equal to:

4.2.1 the loss in value of any goods supplied, if the loss is the result of unnecessary handling by you; or

4.2.2 the cost of the set-up fee for the Alarm and Monitoring Package, if you have ordered the Alarm and Monitoring Package and you have requested that the Monitoring Service commences within the cancellation period detailed in clause 3.

4.3 We will make the reimbursement without undue delay, and not later than:

4.3.1 if goods were supplied to you:

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

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

4.3.2 if there were no goods supplied to you, 14 days after the day on which we are informed about your decision to cancel this contract.

4.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

4.5 If you have received goods before you cancel this contract (or if the goods arrive with you after you have cancelled this contract):

4.5.1 you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us, and

4.5.2 you will have to bear the direct cost of returning the goods. Freepost labels can be made available upon request.

You will be charged the replacement cost of any goods that you do not return in accordance with this clause 4.5. You agree that we may deduct the replacement cost of any goods that you do not return in accordance with this clause 4.5 from the amount of any reimbursement otherwise due to you in accordance with clause 4.1.

The replacement cost for a standard Alarm at the time you enter into these Terms & Conditions is £100. Where no reimbursement is due from which we may deduct the replacement cost, or if the replacement cost exceeds the reimbursement due, you agree to us debiting the replacement cost (or the balance outstanding after any reimbursement) from the account to which the card details provided at the point you entered into these Terms & Conditions relates or any other card details provided to us by you. Such details will be retained by us only for so long as is necessary and for this purpose only in accordance with our Privacy Policy. Should the goods be duly returned to us in the same condition as they were sent to you, we shall reimburse the replacement cost to you.

Supplementary costs for the replacement of any additional equipment you receive from us will be confirmed to you where applicable.

5 Delivery

5.1 If something happens which:

5.1.1 is outside of our control; and

5.1.2 affects the estimated date of delivery; we will endeavour to provide you with a revised estimated date for delivery of the goods.

5.2 Delivery of the goods will take place when we deliver them to the address that you gave to us.

5.3 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

5.3.1 let you know;

5.3.2 cancel your order; and

5.3.3 give you a refund.

5.4 If nobody is available to take delivery, please contact us using the contact details at the top of this document.

5.5 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

6 Payment for one off orders for good and services

6.1 We accept the following credit cards and debit cards: Visa, Mastercard and American Express. We do not accept cash.

6.2 We will do all that we reasonably can to ensure that all of the information you give us when paying online for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third-party gains unauthorised access to any information that you give us.

6.3 Your credit card or debit card will be charged at the point of you placing an order with us.

6.4 If your payment is not received by us and you have already received the goods, you:

6.4.1 must pay for such goods within 14 days; or

6.5 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

6.6 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period under Clauses 3 and 4.

6.7 The price of the goods:

6.7.1 is in pounds sterling (£)(GBP);

6.7.2 includes VAT at the applicable rate; and

6.7.3 includes free standard delivery.

7 Payment for orders for the Alarm and Monitoring Package

7.1 Depending on the Alarm and Monitoring Package you have ordered from us, you will have been presented with up to three payment options:

7.1.1 the monthly plan which will involve you paying a fee for the next 3 months (the ‘quarterly fee’) each quarter, which shall be confirmed to you at the time you place your order;

7.1.2 the annual plan which will involve you paying a yearly fee, which shall be confirmed to you at the time you place your order; or

7.1.3 the lifetime plan which will involve a single fee, which will be confirmed at the point of your order being placed. No ongoing payments for monitoring services are required for the lifetime plan.

7.4 If you prefer that your policy is not automatically renewed, you can contact Careline365 Ltd’s customer service team on 0800 101 3333 to make a payment using an alternative method, on or before your renewal date. If you need any further support with the renewal process, you can also use the number provided. Paper copies of invoices and receipts for all payments are available upon request from our customer service team. Nothing in this clause affects your legal rights to cancel the contract during the cancellation period under clauses 3 and 4.

7.5 You do not own the Alarm when you order the Alarm and Monitoring Package. The price paid for the Alarm and Monitoring Package includes the loan of the Alarm to you. Alarms must be returned in accordance with either clause 4.5 or 12.5 at the end of the contract.

8 Nature of the goods and services

8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that:

8.1.1 the goods are of satisfactory quality;

8.1.2 the goods are fit for purpose;

8.1.3 the goods match the description, sample or model;

8.1.4 the services are carried out with reasonable skill and care.

8.2 We will provide you with goods and services that comply with your legal rights.

8.3 Should you purchase any smoke detector, carbon monoxide detector or fall detector from us, you acknowledge that such devices can occasionally give false alerts and/or can sometimes fail to issue an alert in the event of smoke, carbon monoxide or a fall. This can be the case with any of the equipment provided to you. Any such failure on the part of any smoke detector, carbon monoxide detector, fall detector, or any other piece of equipment does not necessarily mean that these goods are faulty or not fit for purpose and we will only be liable if the piece of equipment proves to be less reliable than similar products generally available.

9 Faulty goods

9.2 Please contact us using the contact details at the top of this document, if you want:

9.2.1 us to repair the goods;

9.2.2 us to replace the goods; or

9.2.3 to reject the goods and get a refund.

9.3 Other than if the Alarm is damaged in accordance with clause 10, if you have ordered the Alarm and Monitoring Package, we will replace free of charge any Alarm that develops a fault.

10 Damaged goods

10.1 If you have ordered the Alarm and Monitoring Package, or any other goods or equipment from us, you will be responsible for the cost of replacing any damaged or lost Alarm, goods or equipment, unless such damage has been caused by fair wear and tear or by storm damage.

10.2 If you discover an Alarm or any other good(s) or equipment to be lost or stolen, you must notify us of this no less than 72 hours of having discovered the goods to be lost or stolen so that we may notify the appropriate SIM card supplier. If you fail to notify us within 72 hours of becoming aware, any charges payable whilst the Alarm, goods or equipment are outside of your possession, shall be passed to you.

11 Limit on our responsibility to you

11.1 Except for any legal responsibility that we cannot exclude in law, we are not legally responsible for:

11.1.1 death or personal injury, unless caused by our negligence;

11.1.2 losses that:

(a) were not foreseeable to you and us when the contract was formed;

(b) that were not caused by any breach on our part;

(c) that arise as a result of a national digital telephone upgrade which results in us being unable to provide the service to you;

(d) are caused by faulty equipment of which you are aware of but do not bring to our attention in a timely manner;

(e) are a result of storm damage;

(f) are a result of your failure to use the equipment in accordance with the instructions;

(g) are a result of the unit being disconnected at your premises;

(h) are a result of the telephone connection not functioning correctly at either your premises or any of our call centres;

(i) arise prior to delivery of the equipment;

(j) arise following delivery of the equipment but prior to set up of the Monitoring Service;

(k) arise following delivery but result from a failure to provide or update your emergency contacts;

(l) arise as a result of the Global Positioning System (GPS), relevant mobile network coverage or any other satellite-based navigation system on which the equipment is dependent, failing, or being faulty, for whatever reason;

(m) are as a result of your failure to charge, or keep charged, the equipment;

(n) are a result of your use of the Alarm or equipment outside of the UK contrary to clause 11.4;

11.1.3 business losses; or

11.1.4 losses to non-consumers.

11.2 Any failure in service resulting in death, personal injury or loss as a direct result of the Alarm Response Team will be dealt with exclusively by the appropriate Alarm Response Team.

11.3 For the avoidance of doubt, it is not in our procedure to notify anyone of the existence of a Do Not Resuscitate order. Any notification given of a Do Not Resuscitate order being in place for the alarm user as part of your completion of the new customer form, or should you inform any member of our Alarm Response Team direct that a Do Not Resuscitate order is in place, shall not constitute an obligation for us to notify any health professional, including the Ambulance service, that such order exists. Should the order not be followed by an appropriate health professional, including the Ambulance services, we are not legally responsible for any losses caused.

11.4 For the avoidance of doubt, this is a UK service only, and any Alarm, goods or equipment provided to you by us in accordance with this contract must be connected in the UK. Such Alarm, goods or equipment must not be taken outside of the UK and we will only respond to alarms raised from within the UK.

11.5 Notwithstanding clause 11.4, should you take and use an Alarm, or any equipment provided to you by us, outside of the UK, all charges, including but not limited to, roaming charges, international call charges and data usage charges, associated or incurred as a result of the Alarm or equipment having been taken outside of the UK by you contrary to clause 11.4, shall be passed to you and shall become your responsibility.

12 Ending the contract

12.1 We may end this contract at any time by giving no less than one month’s notice to you in writing.

12.2 If you have ordered the Alarm and Monitoring Package from us, you may end this contract by giving us the following period of notice by calling us:

12.2.1 if you receive the Alarm and Monitoring Package on the basis of the monthly plan, you may end this contract by giving us one month’s notice at any time after the first two months (and you must ensure that you pay all fees for the Alarm and Monitoring Package that are due during any period of notice until this contract ends); or

12.2.2 if you receive the Alarm and Monitoring Package on the basis of the annual plan you may end this contract by giving us at least one month’s notice to expire at the end of that year (and you must ensure that you pay all fees for the Alarm and Monitoring Package that are due during any period of notice until this contract ends). If you do not give notice to end this contract at least one month before the end of the year, this contract will automatically renew for a further one year period and will continue to renew for further one year periods until such time as you give at least one month’s notice to end this contract prior to the end of any renewed year of this contract. Should you no longer require the Alarm and Monitoring Package and the service has been paid for up to the end of the year you are entitled to transfer the service to a friend or family member free of charge by calling us on 0800 101 3333 to arrange this.

12.3 Either you or we may end this contract immediately by giving notice to the other party, should the other party have committed a material breach of this contract (which shall include a failure by you to pay any sums due to us on the due date) which is incapable of remedy or, if capable of remedy, has not been remedied within 30 days of a written request to do so.

12.4 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

12.5 If this contract is ended in accordance with this clause 12:

12.5.1 you shall send back the goods or hand them over to us without undue delay and in any event not later than 30 days from the day on which this contract ends. The deadline is met if you send back the goods before the period of 30 days has expired; and

12.5.2 you will have to bear the direct cost of returning the goods (unless this contract shall have been ended by us in accordance with clause 12.1 or ended by you in accordance with clause 12.3).

Freepost labels can be provided upon request.

You will be charged the replacement cost of any goods that you do not return in accordance with this clause 12.5.

13 Changes to these terms and conditions

13.1 We reserve the right to make changes to the terms of this contract (including the price), as follows:

13.1.1 if you receive any of the services on the basis of the monthly plan, we may make changes to the terms of this contract by confirming the changes to the terms of this contract no less than two months in advance of the changes taking effect (no changes will take effect during the first three months; or

13.1.2 if you receive any of the services on the basis of the annual plan, we may make changes to the terms of this contract by confirming the changes to the terms of this contract no less than two months in advance of the end of the current year of your Alarm and Monitoring Package. Any such changes will come in to effect from the start of the following year of your Alarm and Monitoring Package.

14 How the Alarm and Monitoring Package Works

14.1 You agree that you will read all of the instructions and documentation supplied and will ensure that you fully understand how the Alarm or any other goods work. If you do not understand anything, please call our customer service line on 0800 101 3333. If you have purchased an Alarm from us, you confirm that you will test your pendant at least once a month using the red button. The Care Team will endeavour, as per the Telecare Services Association (TSA) regulations, to answer at least 97.5% of alarm activations within 1 minute. In the unlikely event of the Alarm Response Team control centre being unable to function, appropriate alternative arrangements will be put in place as quickly as possible, but there may be a short delay in dealing with calls. You understand that you must have at least one named emergency contact who will be contacted by the Alarm Response Team should the need arise.

14.2 All calls to us or the Alarm Response Team are voice recorded and may be used for training and quality purposes. You understand that the purpose of the Alarm and Monitoring Package is to support you at home and reduce the risks of independent living, but cannot eliminate risks completely. Reasonable care will be taken to ensure that all alerts are handled correctly. You understand that all equipment including sensors and detectors can occasionally give false alerts, and sometimes fail to respond to a valid event.

14.3 The fee payable by you in respect of the Alarm and/or Monitoring Services is calculated and based on the assumption that the use of the Alarm will be within the fair use parameters as detailed in our Fair Usage Policy which can be viewed here. 

14.4 We shall monitor your use of the Alarm and in any month where your use of the Alarm exceeds the limits set out in our Fair Usage Policy, we will notify you of this and endeavour to work with you to provide you with the assistance you may need.

14.5 If, following the notification in accordance with clause 14.4 above, your use of the Alarm  exceeds the limits set out in our Fair Usage Policy in any calendar month, we reserve the right to charge you the amount detailed in our Fair Usage Policy in respect of that month, to reflect the increase in charges incurred by us as a result of the excessive use. We shall advise you that we will be charging you this amount prior to applying it to your account with us. 

14.6 We shall collect any charge due in accordance with clause 14.5 using the continuous payment authority set up at the point you placed your order with us or the payment details given to us at the point of order or subsequently provided to us.

14.7 Please note that the terms of our Fair Usage Policy and the charge payable may change from time to time, so we would recommend you check our Fair Usage Policy regularly to understand the provisions and charges that apply at any given time.

15 Access to your home in an emergency

You agree to provide a means by which your chosen contacts and if necessary, the emergency services can gain access to your property in an emergency where you are unable to answer the door. In the case where a keysafe is installed at the property, you agree that our Response Team can pass the secure code to the emergency services if needed. You agree that if the Response Team is unable to contact either you or your nominated key holders it may call the emergency services to facilitate a forced entry. You understand that the liability for re-securing your property and any associated repair costs is your responsibility. You also agree to provide us with access to your home on reasonable notice for the purposes of installation, planned maintenance, repairs, and recovery of any Alarm or other goods we have supplied to you.

16 Your responsibilities

16.1 If you have purchased the Alarm and Monitoring Package from us, you agree to:

16.1.1 always keep the Alarm unit plugged into a standard 13amp electrical socket and telephone point, unless I have been supplied a base unit that connects via an IP or GSM signal;

16.1.2 maintain an incoming and outgoing landline telephone service and be responsible for all associated telephone costs unless I have been supplied a base unit that connects via an IP or GSM signal;

16.1.3 inform us if you change your landline telephone supplier or have value added telephone services applied to your landline telephone line (e.g. call barring, caller identification services) or digital voice telephony services (VoIP);

16.1.4 take care of the Alarm by keeping it clean (without exposing it to any fluids as this may compromise its future use);

16.1.5 test the Alarm once a month by pressing the pendant, and inform the Alarm Response Team of any problems with the Alarm as soon as possible;

16.1.6 provide us with your nominated contacts’ and key holders’ details to enable us to contact them either prior to, or in the event of, an Alarm activation;

16.1.7 immediately inform us of any changes to your list of contacts and their contact details;

16.1.8 have at least one emergency contact;

16.1.9 allow personal information shared with Careline365 Ltd or our Alarm Response Team (during visits or telephone conversations in the course of providing the service to you) to be processed and shared with other professional agencies involved in the provision of your care.

16.1.10 act and speak appropriately when dealing with us, or Alarm Response Team staff; and

16.1.11 ensure that the health and safety of our staff entering your property is not compromised and you will inform us of any possible health and safety risks immediately as these arise.

16.1.12 notify any appropriate health professional, including the Ambulance services, of the existence (if any) of a Do Not Resuscitate order you may have, and follow their advice.

17 Data Protection

We have to collect personal data from you in order to provide our goods and services to you. The way in which we will use and process your personal data is set out in detail in our Privacy Policy, a copy of which is available at our website www.careline.co.uk/privacy-policy or upon request by calling 0800 101 3333.

18 Disputes

18.1 We will try to resolve any disputes with you quickly and efficiently.

18.2 If you are unhappy with:

18.2.1 the goods;

18.2.2 our service to you; or

18.2.3 any other matter;

please contact us as soon as possible.

18.3 The laws of England and Wales will apply to this contract and the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

19 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.