Terms of Service

These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from us.

Where in these Terms we refer to “you” or “your” we mean you and any person for whose use you have ordered the Services.

When you place an order with us, a contract is made between you and us if and when we send you a Services Confirmation (see clause 6.4 below). If you are not the person who will use the Services, you must ensure that the user is made aware of and complies with the obligations set out in these Terms.

EVEN IF YOU ARE NOT THE USER OF THE SERVICES, YOU WILL STILL BE RESPONSIBLE FOR ENSURING THAT THESE TERMS ARE COMPLIED WITH AS OUR CONTRACT IS WITH YOU. THIS MEANS THAT, EVEN IF YOU HAVE AGREED WITH SOMEONE ELSE THAT THEY WILL PAY OUR CHARGES, YOU WILL BE LIABLE TO PAY US IF THAT OTHER PERSON DOES NOT DO SO.

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

1. INFORMATION ABOUT US

1.1 We are Tunstall Healthcare (UK) Limited, a company registered in England and Wales under company number 1332249 and with our registered office and main trading address at Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR. Our VAT number is 182879709.

2. EQUIPMENT

2.1 In order for you to receive the Services, appropriate equipment (Equipment) will have to be installed in your home.

2.2 At no time will you own the Equipment. At all times during and after our provision of Services to you, we will own the Equipment.

2.3 The Equipment has software embedded within it. All copyright and other intellectual property rights in the software will continue to be owned by Us. However, we grant to you a perpetual, irrevocable licence to use the software during the time that you are receiving the Services from us. Except as may be allowed by law, You must not (and not permit any third party to) copy, adapt, reverse engineer, decompile, reverse compile, disassemble or modify all or any part of the software.

2.4 You must take reasonable care of the Equipment and you must not remove it from your home other than to return it to us when our Contract with you comes to an end.

2.5 When we stop providing Services to you, you must return the Equipment to us.

3. OUR SERVICES

3.1 Installation

You must allow us into your home in order to install the Equipment. Otherwise you can install the equipment yourself using our step by step instructions. Where we install:

(a) We will carry out the installation between the hours of 9am to 5pm Monday to Friday excluding all public and bank holidays;

(b) Our Installers will always carry identification badges. They will attend at your home on the agreed date and carry out the Installation which shall consist of:

(i) plugging the Telecare base unit into the mains power outlet and telephone outlet subject to the telephone outlet and mains power outlet being within 2 metres of each other;

(ii) carrying out the physical installation of the appropriate peripheral sensors including fixing materials (wall plugs and screws);

(iii) carrying out programming of peripheral sensors to the Telecare Base Unit;

(iv) carrying out testing and commissioning of the completed Product Installation;

(v) completing a Test Call to the Monitoring Centre;

(vi) explaining and demonstrating how the Telecare system functions, the necessary connections to the telephone and mains electricity, battery changing, etc., the purpose of all controls and indicators and the type of reassurance and response provided;

(vii) explaining to you

(A) all the necessary operations and ensuring you can carry them out; and

(B) the need for regular testing and the use of test calls.

(viii) Describing to you any condition or other equipment or service likely to inhibit or degrade the proper functioning of the monitoring equipment.

(ix) Providing you with standard Telecare Service documentation including contact details e.g. fault reporting number and an outline description of the Equipment.

(c) In order to receive the Services, you must:

(i) Have in place a telephone land line to which the Equipment will be connected. It is your responsibility to pay for and maintain that line throughout the time that the Services are being provided. We will not be liable for the provision of the Services during any time when the telephone line is not in place or working.

(ii) ensure that our engineers can have access to your home in order to install the Equipment unless you have arranged to install it yourself.

(d) We will call you to make an appointment to carry out the Installation. In circumstances where our installer is unable to install Equipment due to circumstances outside of our control (for example: the absence of a suitable telephone line or no access can be gained to your home), we reserve the right to charge you for some or all of the costs of the visit.

3.2 Monitoring

We will provide to you the following monitoring service or such other service and facilities as we consider appropriate from time to time to monitor alarm calls made by you (“the Monitoring Service”):-

(a) We will provide a service to receive alarm calls sent by you by means of the alarm calls facility of the Equipment.

(b) As soon as is practicable after it has been received we will relay the alarm call at our discretion to your named emergency contact.

(c) We may also, at our absolute discretion, supply anybody we notify with details of your doctor and/or nominated keyholder and/or your personal circumstances.

(d) We will base the exercise of our discretion on our understanding of the degree of the emergency of each case following verbal contact with you and on the details of your personal circumstances. In exercising our discretion we shall also be entitled to take into account all other relevant information known to us.

(e) If we cannot establish verbal contact with you, we will treat the alarm call as a request to notify the appropriate emergency contact

(f) We will at all times be acting solely as your agent in notifying any emergency contact. This means that we accept no liability for any consequences following a request for assistance made by us following an alarm call, including charges made by an emergency service or emergency contact.

(g) Our obligations under the Monitoring Service shall not under any circumstances extend beyond the obligation to receive and relay alarm calls as set out above. We shall not be liable directly or indirectly for the failure of any third party (e.g. any emergency service, emergency contact, keyholder or doctor) to respond appropriately when we notify them of the alarm call.

(h) We will treat all information received by us relating to you or your keyholder and emergency contacts as confidential but we reserve the right to disclose this information about you if we think fit to any doctor, keyholder, emergency contact, local authority or emergency service in connection with the Monitoring Service.

(i) You must not abuse or permit any other person to abuse the Monitoring Service by making persistent calls without reasonable cause.

(j) You must keep us fully informed of any changes to your personal information.

(k) You must notify us of any details we request concerning emergency contacts, keyholders and doctors who may be contacted by us under the Monitoring Service in an emergency and to any changes of them. You must ensure that the persons you name as emergency contacts, keyholders and doctors are aware that they have been so named and that they agree with their name being used for this purpose. We may terminate the services to you if you do not keep this information up to date.

3.3 Service Interruption

(a) In the unlikely event of the Services being interrupted due to equipment problems, you must allow us to visit your home to carry out any necessary repairs or replacement to the Equipment (“Repairs”)

(b) Repairs will be carried out as soon as is practicable usually within 24 hours of our being notified and will be available seven days a week including public and statutory holidays.

(c) You must call for Repairs as soon as you notice any damage, defect, fault or other failure in the Equipment. You must not allow any person other than our employees or agents to adjust, alter, repair or interfere with the Equipment in any way.

(d) The batteries contained in the Falls Monitor will need to be replaced from time to time. PLEASE NOTE THAT THE BATTERIES ARE OF A SPECIAL TYPE. YOUR FALLS MONITOR MAY NOT WORK IF YOU INSTALL IN IT BATTERIES THAT ARE NOT SUPPLIED BY US. If the Falls Monitor equipment gives a “low battery alert”, you should call our Service Desk on 0330 123 9195 and we will send a replacement battery to you together with instructions of how to install it. We may also send replacement batteries to you from time to time before a “low battery alert” is given. You should install the battery by following the instructions given. WHEN YOU HAVE REPLACED THE BATTERY YOU MUST CONTACT US USING THE FALLS MONITOR TO ENSURE THAT IT IS STILL WORKING.

(e) We will make an additional charge to you if the need for any Repairs is caused by:-

(i) damage, defect, fault or other failure caused by the use of the Equipment in conjunction with additions, accessories or attachments not supplied by Us.

(ii) damage, defect, fault or other failure caused by your negligence or improper use of the Equipment

(f) You must not abuse or permit any person to make unnecessary requests for Repairs or cause a visit which has been arranged for the purpose of Repairs to be cancelled by not providing access to the Equipment. We may charge you all or part of the costs of such a visit if you do not allow us access to the Equipment or where, in our reasonable opinion, your request for Repairs was unnecessary.

3.4 Temperature Services

(a) As part of your package the Ambient Temperature Sensor unit can measure the temperature in the part of your home where it is placed.

(b) If the unit shows that the temperature has fallen below 10 degrees centigrade it will alert us and we will:

(i) call you to tell you about the low temperature;

(ii) if you do not reply to our call, we will call your nominated contact to let them know; and

(iii) if your nominated contact does not reply to our call, we will leave a voicemail message for your nominated contact if they have a voicemail facility.

(c) If the unit shows that the temperature has risen above 40 degrees centigrade it will alert us and we will:

(i) call you to tell you about the high temperature;

(ii) if you do not reply to our call, we will call your nominated contact to let them know; and

(iii) if your nominated contact does not reply to our call, we will leave a voicemail message for your nominated contact if they have a voicemail facility.

3.5 “Not Worn” Feature

(a) Your Falls Monitor will alert us if it is not worn by you for 7 days.

(b) If we receive a “not worn” alert from your Falls Monitor, we will:

(i) call you to tell you that you have not been wearing your Falls Monitor;

(ii) if you do not reply to our call, we will call your nominated contact to let them know; and

(iii) if your nominated contact does not reply to our call, we will leave a voicemail message for your nominated contact if they have a voicemail facility.

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information and any other information that you supply to us in accordance with our Privacy Policy. For details, please see our Privacy Policy which can be found on our website at www.homeassistuk.com. Please take the time to read these, as they include important terms which apply to you.

Tunstall Healthcare (UK) Limited of Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR is the data controller for the purpose of the Data Protection Act 1998.

By proceeding to use our service you agree that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy.In particular, we may use information we hold about you for the purposes of providing you with information about products and services (unless you have ticked the box on the form on which we collect your data to indicate that you do not want us to use your data in this way) and notifying you of changes to our services. We may also use your information to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them. Full details of the circumstances in which we may use your information can be found in our Privacy Policy.

Please address any questions, comments and requests regarding our data processing practices to Tunstall Healthcare (UK) Ltd, Whitley Lodge, Whitley Bridge, Yorkshire, DN14 0HR or email enquiries@tunstall.co.uk.

5. CONSUMER RIGHTS

This clause 5 applies to you as a consumer.

5.1 As a consumer, you have legal rights in relation to the Services if they are not provided with reasonable care and skill and within a reasonable time. 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.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 To place an order for services with us, you must complete an Order Form and send it to us.

6.2 When you sign and submit an order to us, it does not mean that we have accepted your order for Services. Our acceptance of your order will take place as described in clause 6.4. If we are unable to supply you with the Services, we will inform you of this in writing and we will not process your order.

6.3 After you place an order, you will receive an e-mail or letter from us acknowledging that we have received your order and, if necessary, asking you to provide us with further information. 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 6.4. PLEASE NOTE THAT WE ARE UNABLE TO PROVIDE SERVICES TO YOU UNTIL YOU PROVIDE US WITH THE FURTHER INFORMATION THAT WE REQUEST.

6.4 We will confirm our acceptance of your order by sending you an e-mail or letter that confirms that we agree to provide the Services to you (Services Confirmation). The Contract between us will only be formed when we send you the Services Confirmation.

6.5 If we are unable to supply you with Services, for example because the equipment needed to receive the Services you require is not in stock or no longer available or because of an error in the charges on our site, we will inform you of this by e-mail or letter and we will not process your order.

7. OUR RIGHT TO VARY THESE TERMS

7.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how we accept payment from you;

(b) changes in relevant laws and regulatory requirements; or

(c) other circumstances where we think that it is of benefit to the way that we supply our Services.

7.2 If we have to revise these Terms as they apply to an ongoing Contract between us, we will contact you to give you reasonable advance notice of the changes. If you are not happy with the changes, you may terminate the Contract by giving us 2 months’ notice in the way set out in clause 15.3 and the changes will not apply to the Contract.

8. YOUR CONSUMER RIGHT OF REFUND

This clause 8 only applies to you as a consumer.

8.1 As a consumer, you have a legal right to cancel a Contract without giving any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to receive the 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 under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

8.2 Your legal right to cancel a Contract starts from the date of the Services Confirmation, which is when the Contract between us is formed. Your right to cancel ends 14 days after the date of the Services Confirmation.

8.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form set out in clause 8.9 below, but you are not obliged to do so. Please contact us in writing to tell us that you have decided to cancel. This can be done in any effective way, including by

(a) sending an e-mail to homeassist@tunstall.com or

(b) by sending or hand-delivering a letter to Tunstall Healthcare (UK) Limited at Ascot House, Malton Way, Adwick le Street, Doncaster DN6 7FE

(c) or by sending a facsimile transmission to 0844 4152217 .

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. If you hand deliver your cancellation notice, then your cancellation is effective from the date that you leave it at our premises. If you fax your cancellation notice to us, then your cancellation is effective from the date of the fax.

To meet the cancellation deadline, it is enough that you have sent your cancellation notification before the end of the cancellation period.

8.4 You will receive a full refund of any charges you have paid for the Services and any applicable registration or other charges you paid. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described in clause 8.33.

8.5 We refund you on the credit card or debit card used by you to pay for our services.

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

8.7 Because you are a consumer, we are under a legal duty to supply Services that conform with the Contract. This means that we must provide you with Services that match what is written in these Terms.

8.8 As a consumer, you will always have legal rights in relation to Services that are not carried out with due care and skill or not carried out within a reasonable time. These legal rights are not affected by the cancellation rights set out in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8.9 The cancellation form is as follows:

Model Cancellation Form

To: Tunstall Healthcare (UK ) Limited, Ascot House, Malton Way, Adwick le Street, Doncaster DN6 7FE

email: homeassist@tunstall.com, fax: 0844 4152217

I/We hereby give you notice that I/We cancel my/our contract for the supply of the following service ordered on [insert date of order]

[INSERT NAME OF SERVICE]

[INSERT YOUR NAME]

[INSERT YOUR ADDRESS]

[YOUR SIGNATURE] only necessary if this form is notified on paper.

[DATE]

9. COMMENCEMENT OF SERVICES

9.1 We will commence the Services as soon as the Equipment has been installed and connected to the Monitoring Centre. The Equipment will be delivered to you by the estimated delivery date set out in the Services Confirmation, unless there is an Event Outside Our Control. The estimated delivery date will be as soon as is reasonably practicable after the end of the cancellation period described in clause 8.2 above. 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. PLEASE NOTE THAT WE ARE UNABLE TO DISPATCH THE EQUIPMENT TO YOU UNTIL YOU PROVIDE US WITH THE FURTHER INFORMATION THAT WE REQUEST.

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

9.3 Safekeeping of the Equipment will be your responsibility from the completion of delivery.

9.4 If you do not want us to install the Equipment, in order to receive the Services, you will need to install the Equipment by following the instructions given with it. WE CANNOT DELIVER THE MONITORING SERVICE UNLESS THE EQUIPMENT HAS BEEN EFFECTIVELY INSTALLED.

10. NO INTERNATIONAL DELIVERY

10.1 Unfortunately, we do not provide Services to addresses outside the UK.

10.2 You may place an order for Services from outside the UK, but this order must be for Services to be provided to an address within the UK.

11. CHARGES FOR SERVICES AND REGISTRATION CHARGES

11.1 The charges for the Services will be as set out in our price list or quoted on our site from time to time. We take all reasonable care to ensure that the charges are correct at the time when the relevant information was entered onto the system. However if we discover an error in the charges for the Services you ordered, please see clause 11.6 for what happens in this event.

11.2 We may vary the charges for any of our Services from time to time. Where we do so we will provide you with one month’s prior notice of the variation. We will apply the variation automatically from the date notified to you. WHERE WE VARY THE CHARGES FOR THE SERVICES YOU WILL HAVE THE RIGHT TO TERMINATE THE SERVICES IN ACCORDANCE WITH CLAUSE 15.3.

11.3 Where applicable, VAT will be charged 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 for the Services in full before the change in VAT takes effect.

11.4 We will charge VAT in accordance with clause 11.3 unless you are eligible for relief from VAT.

11.5 It is always possible that, despite our reasonable efforts, some of the charges on our price list or website may be incorrect. If we discover an error in the charges we will contact you in writing to inform you of this error and will apply the correct charge from the following month. Please note that if the charging error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Services to you at the incorrect (lower) charge.

12. HOW TO PAY

12.1 The first payment for the Services will be greater than the normal monthly payment as it will consist of:

(a) a payment calculated on a pro rata basis in relation to the first month by reference to the date on which the Services commence and the last day of the month (both days inclusive); and

(b) the monthly payment for the month following that in which the Services commence.

12.2 You must pay the monthly charges for the Services by direct debit. You agree that you will take all reasonable steps to assist us in collecting the monthly charges by direct debit, including giving appropriate details to us to enable us to set up the appropriate arrangements with your bank and instructing your bank to make such direct debit payments on our request. YOU MUST NOT CANCEL THE DIRECT DEBIT UNTIL THE CONTRACT HAS BEEN TERMINATED. IF YOU DO SO, YOU WILL STILL BE LIABLE TO PAY OUR CHARGES UNTIL THE CONTRACT HAS BEEN PROPERLY TERMINATED. You must ensure that there is an appropriate amount in your bank account to pay the direct debits as they fall due, otherwise we will charge you any additional costs that we incur.

13. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 13 applies to you as a consumer. We will not enter into a contract with you on these Terms if you are a business.

13.1 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

13.2 We only supply the Services for domestic and private use. You agree not to use the Services or the Equipment 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.

13.3 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 13 of the Supply of Goods and Services Act 1982 (reasonable care and skill);

(d) any breach of the terms implied by section 14 of the Supply of Goods and Services Act 1982 (performance within a reasonable time); and

(e) damage caused by a defect in a product under the Consumer Protection Act 1987.

14. LIMITATIONS AND EVENTS OUTSIDE OUR CONTROL

14.1 We shall not be liable for any failure or delay in providing Services where such failure or delay is caused by:-

(a) Your failure to provide us with accurate details regarding the emergency contacts, keyholders or doctors to be contacted in the event of an alarm call;

(b) Your failure to notify us of any changes concerning your personal circumstances or the emergency contacts, keyholders or doctors to be contacted in the event of an alarm call;

(c) Your failure to keep the Equipment safe, which shall include your failure to notify us of defects which may require us to provide Repairs; or

(d) Any other breach by you of these terms and conditions.

14.2 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 14.3.

14.3 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.

14.4 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 Equipment to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. TERMINATION OF SERVICES

15.1 We may end the provision to you of the Services where:

(a) We are unable to collect the direct debit for our charges on the day it falls due;

(b) You abuse the Services by making persistent unnecessary calls;

(c) You do not keep up to date the details of your emergency contacts, keyholders and doctors;

(d) You do not allow our staff access to the Equipment to carry out Repairs; or

(e) You are in breach of any other of these Terms.

15.2 We may also end the provision to you of the Services by giving you 2 months written notice that we will no longer provide the Services.

15.3 You may end the provision by us of the Services to you by giving us 2 months written notice that you no longer want us to provide the Services.

15.4 Where either of us ends the provision of the Services by giving notice to the other, your obligation to pay for the Services and our obligation to provide the Services will end at the end of the notice period, but until then those obligations will continue.

16. COMMUNICATIONS BETWEEN US

16.1 When we refer, in these Terms, to "in writing", this will include e-mail.

16.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you can send your cancellation to us by any effective means, including:

(a) by pre-paid post to Tunstall Healthcare (UK) Limited at Whitley Lodge, Whitley Bridge, Yorkshire DN140HR

(b) by e-mailing us at homeassist@tunstall.com;

(c) by hand-delivering the cancellation to Tunstall Healthcare (UK) Limited at Whitley Lodge, Whitley Bridge, Yorkshire DN140HR; or

(d) by sending a facsimile transmission (fax) to 0844 4152217.

You may wish to keep a copy of your cancellation notification for your own records.

16.3 If you send us your cancellation notice

(a) by pre-paid post, then your cancellation is effective from the day on which it was posted;

(b) by e-mail, then your cancellation is effective from the day you sent us the e-mail;

(c) by hand-delivery, then your cancellation is effective from the day on which it was left at our premises; or

(d) by facsimile transmission (fax), then your cancellation is effective from the day you send the fax to us.

16.4 To report a fault and to request Repairs, please contact our Customer Services telephone line on 0330 123 9195.

16.5 If you wish to contact us in writing for any other reason, you can do this by e-mail or by pre-paid post to Tunstall Healthcare (UK) Limited at Whitley Lodge, Whitley Bridge, Yorkshire DN140HR or homeassist@tunstall.com. You can always contact us using our Customer Services telephone line.

16.6 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.

16.7 We may record any telephone conversations between us in accordance with guidelines issued by the Telecare Services Association.

17. OTHER IMPORTANT TERMS

17.1 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.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, the person you have bought the Services for will have the benefit of this contract, but we and you will not need their consent to cancel or make any changes to these Terms.

17.4 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.

17.5 None of our employees or agents are authorised to make any alteration to these Terms or to waive or vary them in any way. 17.6 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.

17.7 As you are a consumer, please note that these Terms are governed by English law. This means a Contract for our Services 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

Issue 1.0