Terms & Conditions
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Please read the following terms and conditions very carefully.
Your access to and use of this website (the "Website")
and the Services provided or procured by us for you to use
as described on the Website (the "Services") is
subject exclusively and strictly to these Terms and Conditions.
By accessing the Website and/or registering for a Service,
you agree to be bound by the following terms.
1. Parties
1.1 These Terms and Conditions cover the supply of the Services
by Community Alerts Ltd of Bridge House, Bridge Road Business
Park, Haywards Heath, West Sussex, RH16 1TX ("Us"/"We"/"Our")
to You as the customer and/or user of the Service and of the
Website ("You"/"Your").
2. Definitions
2.1 Unless the context otherwise requires:
2.1.1 "ID" means the unique identification number
given to You on registration and against which Personal Data
about You and Your family/organisation is stored in accordance
with these Terms and Conditions and Privacy Policy;
2.1.2 "Personal Data" has the meaning as set out
in the Privacy Policy;
2.1.3 "Registration Fee" means the fee for the
Service as set out in section 4;
2.1.4 "Registered User" means You, where You have
submitted a registration to receive the Service;
2.2 Unless otherwise specified, words importing the singular
include the plural, words importing any gender include every
gender and words importing persons include bodies corporate
and unincorporated; and (in each case) vice versa.
3. Responsibilities
3.1 Our Responsibilities Where You are a Registered User
3.1.1 We will store the Personal Data and other information
that You register against Your ID for use in the event that
a Service operator is contacted. Your ID is required to invoke
the Service.
3.1.2 In such event, (during normal business hours) and in
accordance with Our Privacy Policy, We will act as a facilitator
to pass on Personal Data and other relevant information that
may be provided to Us at the time. We do not intervene in,
nor do We have any participation in any search process, other
than forwarding this information, and dealing with queries
from relevant authorities. We are not responsible for any
searches, investigations or other follow-up action or the
use of Personal Data or other information by those to whom
it is disclosed. We cannot give advice on actions to be undertaken.
3.1.3 We will not be responsible for informing the authorities
(including the police or health services) or other persons
in the event that the Service is invoked. Our role is purely
to facilitate the added circulation of information within
the relevant area and does not remove the need for You to
follow normal notification procedures.
3.2 As a Registered User, You:
3.2.1 Agree to the use of the information and Personal Data
(including sensitive Personal Data) by us in accordance with
these Terms and Conditions and Our Privacy Policy.
3.2.2 Agree that the Service may only be activated and Personal
Data disclosed where Your ID is quoted and any relevant security
questions have been answered correctly.
3.2.3 Make and agree to the warranties set out in Clause
6 below.
3.2.4 Acknowledge that You will have responsibility for informing
the police, health services and other relevant persons and
authorities in addition to a Service Operator as You deem
appropriate at Your discretion.
4. Prices and Payments
4.1 All charges for Services, are as published on the Website
and in our periodically updated Price Guides, copies of which
can be obtained on request by sending an email to info@communityalerts.co.uk.
These include any reasonable administration charges.
4.2 Payment can be made by cheque or by most major credit
or debit cards.
4.3 You confirm that the credit/debit card being used is
Yours. All credit/debit card holders are subject to validation
checks and authorisation by the card issuer. If the issuer
of Your card refuses to authorise payment, We will not be
liable for any delay or non-delivery and We are not obliged
to inform You of the refusal.
4.4 We are not responsible for Your card issuer or bank charging
You as a result of Our processing of Your credit/debit card
payment.
4.5 We reserve the right to charge You for any additional
services which may be requested by You from time to time.
The details of these charges will be notified to You at such
time.
5. Intellectual Property Rights
5.1 The Website and any information sent to You directly
by Us are only intended for Your own personal use only.
5.2 You may not publish, copy, re-distribute or otherwise
exploit (commercially or otherwise) any material or data received
by way of the Service or contained in the Website.
5.3 The reproduction, copying, downloading, storage, recording,
broadcasting, retransmission and distribution of the material,
or any part of the material contained on the Website is not
permitted without Our prior written consent.
5.4 You may not use Our name, trade marks or logo in any
manner without Our prior written consent.
6. Your Warranties
6.1 You warrant that:
6.1.1 You are over 18 years of age;
6.1.2 You are the owner or legitimate user of any cellular
phone, which You may have registered or otherwise use to receive
the Service or any other services that You may request from
Us from time to time and that You are authorised to incur
charges on that phone;
6.1.3 You will not damage, interfere with or disrupt access
to the Service or Website or do anything which may interrupt
or impair their functionality or operation;
6.1.4 will use the information provided in the course of
the Service or contained in the Website, only in accordance
with these Terms and Conditions of Use and only for lawful
purposes and in a lawful manner; and
6.1.5 all information (including Personal Data) that You
provide to Us is true, accurate, current and complete in all
respects and that You will notify Us immediately of any changes
to such information;
6.1.6 those persons that You have registered under Your ID
have knowledge of the Service, and the use of their Personal
Data and consent to such use, and where You are their parent
or guardian, You consent to such use on their behalf;
6.1.7 You will keep Your security information in respect
of Your ID confidential and will not disclose same to anyone
other than those who You allow to activate the Service;
6.2 You agree to fully indemnify and keep Us indemnified
against all claims, liability, damages, losses costs and expenses,
arising out of any breach of these Terms and Conditions by
You or other liabilities arising out of Your use of the Website
and/or Service.
7. Limitation of Liability
7.1 We take all reasonable efforts to ensure that the information
and material contained in Our Website is as accurate as possible.
However, the information contained on the Website or that
may otherwise be provided to You pursuant to the Service,
may be provided to Us by third parties and are not under Our
control. We do not therefore make any warranty as to the accuracy
and completeness of the information provided through the Service.
7.2 Notwithstanding Clause 7.1 above, We provide the Service
and the Website on an "as is" and "as available"
basis without giving any warranty in relation to the Service
or the Website including (but not limited to) implied warranties
of non-infringement, security, accuracy or any implied warranty
arising from course of dealing or usage or trade.
7.3 You acknowledge and agree that, whilst We will meet these
Terms and Conditions, We do not have any involvement in any
searches or investigations made with respect to Service invocation
and are not responsible or liable for any such investigations
or the activities or use of Personal Data by other authorities
and individuals. We will not be liable for any failure to
recover persons or property safely, and make no assurances
in relation to same.
7.4 You acknowledge and agree that We will activate the Service
when Your ID is quoted. We cannot and do not carry out any
other additional checks to establish who is making a request,
and We will not be responsible if another member of Your family/organisation
or other person holding the relevant details, activates the
Service without Your knowledge.
7.5 We will take all reasonable steps to make the Services
available to you at all times. However due to the nature of
the internet, mobile and land based communications networks,
We cannot guarantee a continuous fault free service or that
Service operators will be available or that the Website will
be provided uninterrupted at all times. Please note that the
quality and availability of Services may sometimes be affected
by factors outside our control. The Services will from time
to time require upgrading, modification, maintenance or other
works. These may result in some or all of the Services becoming
temporarily unavailable. In such cases, We will do everything
We can to keep the period of non-availability to a minimum
however, some interruption may be inevitable.
7.6 We will not be liable:
7.6.1 in contract, tort, negligence, for pre-contract or
other representations (other than fraudulent or negligent
representations) arising out of or in connection with these
Terms and Conditions;
7.6.2 for any economic loss (including without limitation
loss of revenues, profits, contracts, business or anticipates
savings); or
7.6.3 for any special or indirect losses whatsoever;
7.6.4 for any defects in or durability of the materials supplied
to You as a part of a pack of information.
7.7 Nothing in these Terms and Conditions shall exclude or
limit liability for death or personal injury resulting from
Our negligence or that of Our agents or employees.
8. Term and Termination
8.1 These Terms and Conditions commence from the moment that
Your payment of the Registration Fee is authorised - and remain
in force until such time as You or We terminate the provision
of Services in accordance with this Clause 8.
8.2 You may terminate Your Registration for the Service at
any time but please note that We cannot refund any Registration
Fees where You choose to do so. You may do so by closing Your
account as follows:
8.2.1 Following instructions within the Website;
8.2.2 sending an email to info@communityalerts.co.uk providing
YourID and two other pieces of registered information to verify
identity; or
8.2.3 writing to the address given at Clause 1.1 above.
8.3 We may suspend or terminate Your use of the Service or
Website or any part of the Service or Website immediately
and without notice where:
8.3.1 We consider that You may be in breach of these Terms
and Conditions;
8.3.2 Payment of renewal fees has not been received within
the time stipulated in the renewal notice. At our discretion,
we may charge you for re-registration and Service reinstatement;
8.3.3 We, in Our sole discretion consider that Your use of
the Service is excessive, have sent you notification requesting
that you reduce Your use of the Service and You nonetheless
continue such excessive use.
8.4 Without prejudice to Clause 8.3, We shall be entitled
to terminate Your use of the Service or any part of the Service
on 3 days notice to You.
9. Data Protection
9.1 Any Personal Data (including sensitive Personal Data)
that We may collect from You is processed and used by Us or
Our agents for the purpose of effecting Your Registration
and providing the Service and/or other services that We provide
to You and that You may request from Us from time to time.
9.2 Personal Data will not be used for the sending of any
marketing material by Us or on behalf of other companies,
except where You have consented to such use.
9.3 We are required by law to give You certain information
on Our data usage practices. Please see Our Privacy Policy
for details below.
10. Assignment
10.1 You are not entitled to assign any of Your rights or
obligations under these Terms and Conditions. We shall have
the right to assign or otherwise delegate all or any of Our
rights hereunder.
11. Jurisdiction and Choice of Law
11.1 These Terms and Conditions are governed by the law of
England and Wales and You and We agree to submit to the exclusive
jurisdiction of the courts of England and Wales in the event
of a dispute.
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