Remote assistance Terms and Conditions
20th October 2021
These Terms and Conditions, together with all documents expressly referred to in them, tells you about us and the legal terms which govern our provision of all Care24 products and services.
These Terms and Conditions are designed to help you get the best out of your selected products and/or services. Please read them carefully, including those parts that specifically apply to your selected products and/or services, and make sure you understand them before completing a purchase. Please check that you are willing to agree to each provision. If you don’t agree with all parts of these Terms and Conditions that apply to your selected products and/or services, we will not be able to process your order.
Please note that by ordering any of our products or services you agree to be legally bound by these Terms and Conditions and the other documents expressly referred to in them.
Information about us We are Spectrum Homecare Limited, trading as Care24, a company registered in the Republic of Ireland under company number 638331 with our main trading address at 26 Rowan Avenue, Stillorgan Business Park, Sandyford, Dublin 18, A94 P7R9.
If you have any questions in relation to these Terms and Conditions, or need more information about the products or services, our Customer Services Team will be happy to help you. You can contact them here:
Write to: Customer Services, Care24, 26 Rowan Avenue, Stillorgan Business Park, Sandyford, Dublin 18, A94 P7R9.
Email Us: support@care24.ie
Call Us: 01 420 0800 (Monday to Friday 9am to 5pm).
Use of our Website
Your use of our website www.care24.ie is governed by our Website Terms of Use. Please take time to read this as it contains important terms relating to your use of our site.
Structure of these Terms and Conditions
To make these Terms and Conditions easy for you to navigate we have separated them into 3 key sections:
Section 1: The core contractual commitments that apply to all Care24 products and services which confirm how and when we create a legally binding contract with you and set out important rights for you and us – including payment requirements, rights to cancel, termination, how we will handle your personal data and your right to complain.
Section 2: We’ve brought together all legal requirements that apply to all Care24 Remote assistance products and services, including any limits to our responsibilities to you.
Section 3: More specific rights about how we deliver our products and services to you and to ensure that you’re aware of the most important requirements in supporting you in using and operating them safely. These are also available online for your reference.
SECTION 1: OUR CORE CONTRACTUAL COMMITMENTS
These terms apply to all of our Remote assistance products and services.
1. HOW DO I ORDER REMOTE ASSISTANCE PRODUCTS OR SERVICES FROM YOU?
Any quotation given by us before an order is placed for any of our products or services remains in force for 28 days following issue, provided that we have not previously withdrawn it.
Each order or acceptance of a quotation for our products or services either by (i) indicating your acceptance of these Terms and Conditions by signing the Order Form or clicking “Accept” (if purchased online), or (ii) calling the Care24 Sales Line on 01 420 0800 to place an order, shall be deemed to be an offer to buy the products and/or services subject to these Terms and Conditions.
We will only have accepted your order when we receive payment or we email you to confirm acceptance of your order(the “Confirmation Email”). No order placed by you shall be deemed to be accepted by us until we issue a written acknowledgement of the order or we deliver the products and/or provide the services to you (if earlier). A legally binding contract will then be in place between you (as the user) and us in respect of the specific product or service which the accepted payment or Confirmation Email relates to. These are your “Selected Products” and your “Selected Services”, together your “Selected Products and Services”.
We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why and will refund any payments that we have taken without undue delay, and in any event within 14 days, using the same means of payment as used for the original transaction. The Contract shall commence on the date the Confirmation Email is issued to you.
2. WHAT ARE MY PAYMENT REQUIREMENTS?
The charges applicable for each of your Selected Products and Services are as indicated on (i) the Order Form (ii) the website immediately before you click Accept, and (iii) in the Confirmation Email. Should there be any variation between the prices appearing on the Order Form, the website and in the Confirmation Email, the prices in the Confirmation Email shall prevail.
If you are availing of a Payment Plan in accordance with Condition 3.1.2 and you subsequently wish to place a further order for a subsequent product or service, we will let you know the charges for such product or service or the basis of calculating the charges as well as any extra charges such as delivery or installation charges. A Confirmation Email with the details of the further products or services you have ordered shall be sent to you outling the price of same.
Depending on the cumulative addition and/or removal of your Selected Products and Services, there may be an uplift or reduction in your charges (such increases or decreases will be notified to you at the time). We will confirm the relevant new payment arrangement within 14 days of the Email Confirmation for the further order being sent. You should note that if you are availing of a Payment Plan, you cannot subtract products or services from your plan until the expiration of 18 months’ from the date your contract with us began.
We reserve the right to increase or decrease the cost of any of your Selected Services to ensure that we continue to provide you with a competitive offering. We will give you two months’ notice if we intend to do this. If we tell you that any of your regular payments for your Selected Services are increasing, you shall be entitled to terminate the Contract for that Selected Service by giving us one month’s notice in accordance with Condition 4.2. On expiry of the notice period you will not incur any further costs in relation to the applicable Selected Service.
If you qualify for an exemption from Value Added Tax (VAT) due to suffering from a disability or a long term illness and you have provided us with a signed VAT Declaration Form, VAT will not be applicable to our fee for some of our products and services and will be noted as €0.
Payment for the Selected Products or Selected Services shall be made by you in advance of the commencement of the Contract and thereafter by direct debit weekly in advance in person by telephone or online by credit card.
You should note that once the 18 month period of the Payment Plan expires, a weekly maintenance fee shall be charged to you for your use of the Services.
All payments by credit card or debit card need to be authorised by the relevant card issuer. No payment shall be deemed to have been received until we receive cleared funds. If a payment fails and it is due to a fault on your part, for example if your credit card was declined, and this results in any additional fees or charges being incurred by us, then such additional fees shall be your responsibility.
Ownership of Selected Products will only pass to you at the time we receive payment for the relevant product in full.
All payments payable to Care24 under the Contract shall become due immediately on its termination despite any other provision.
Without prejudice to any other right or remedy that you may have, if you fail to pay Care24 on the due date, we may:
Charge interest on such sum from the due date for payment at the annual rate of 9% above the base lending rate from time to time of Central Bank of Ireland, accruing 4 on a daily basis and being compounded quarterly until payment is made, whether before or after any judgement and the Customer shall pay the interest immediately on demand. 2.11.2 Suspend all Services until payment has been made in full.
3. WHAT IS MY RIGHT TO CANCEL MY SELECTED PRODUCTS OR SERVICES?
The price quoted includes both the cost of the Remote assistance technology and the ongoing monitoring services we provide. We currently have two payment options in place and further options may be detailed on our website from time to time. Such options are detailed as follows:
You can purchase the Remote assistance technology at the time of placing your Order and pay the weekly monitoring fee up until such time as you wish to cancel your contract.
You can avail of our Payment Plan, where the cost of the Remote assistance technology will be spread over an 18 month period. If you chose this option, your weekly payment will include the cost of the Remote assistance technology in addition to the weekly monitoring fee.
To exercise your right to cancel your Contract for any of your Selected Products and Services, you must inform us of your decision to cancel before the Cooling Off period set out in 3.2 below has expired. Any such cancellation should be communicated to us via post or email at the addresses set out in condition 3.9 with a clear statement of your cancellation, or by using the Cancellation Form set out in the box below.
Cancellation Form To: Customer Services, Care24, 26 Rowan Avenue, Stillorgan Business Park, Sandyford, Dublin 18, A94 P7R9 or support@care24.ie
I hereby give notice that I cancel my contract for the supply of………………………………………provided by Care24. Ordered on: ……………………………………. Name of customer(s): ……………………………………………. Address of customer(s): ……………………………………………… Postcode of customer(s) ………………. Signature of customers(s): …………………………………………. Date: ……………………… Customer Number ………………………………..
The Cooling Off period commences either:
If you are cancelling your Selected Products, within 14 days after the date of delivery or installation of the Product. If you have bought multiple products under one order, the 14 day period commences from the day after the last product in the order is delivered or installed; or
If you are cancelling your Selected Services, within 14 days after the day on which the Contract is entered into. If you require equipment to access your Selected Service, the Cooling Off period commences the date of delivery of the relevant equipment, if such a date is later.
If you cancel your contract within the 14 day Cooling Off period, we will then refund all payments that we have already received without undue delay using the same means of payment as used for the initial transaction as follows:
your refund for cancelled Selected Products will be issued within 14 days of the date the product is returned to us in accordance with condition 3.4, and
your refund for cancelled Selected Services will be issued within 14 days of the day on which you inform us of your decision to cancel in accordance with condition 3.1.3. You will not incur any fees for the reimbursement described above.
Where you cancel your Contract for Selected Products and Services and you have already received equipment required to access the service, you shall be required to return the equipment to us within 28 days of the date of cancellation in the same condition in which it was dispatched to you. We will supply you with a freepost An Post return collection bag to help you do this. Please ask us for details when notifying us of your return in accordance with Condition 3.1. In the event that we do not receive the equipment back within 28 days we will charge you a sum of €400 to cover the cost of the Products.
4. HOW CAN THE CONTRACT FOR MY SELECTED SERVICES END?
If you have opted to pay for the Remote assistance technology at the time of placing your order and once the Cooling Off period has expired, both you and Care24 are entitled to terminate the Contract for any of your Selected Services for any reason by providing one month’s notice to the other.
Please note that in the event of termination, we will not refund any payments made up to the date of termination.
Where a Selected Service is terminated you will not incur any further costs in relation to the applicable Selected Service after expiry of the one month notice period, provided any Products you received during the course of availing of the Service have been returned in accordance with condition 3.4.
If you have opted to pay for your Remote assistance technology in instalments over the 18- month period pursuant to a Payment Plan and have chosen to cancel your Contract prior to completion of the 18 month period, you will be subject to an early termination fee. The fee 6 is calculated based on your Payment Plan’s weekly charge and the remaining time left on your Contract.
If you have opted to pay for your Remote assistance technology in instalments over the 18- month period pursuant to a Payment Plan and you have chosen to cancel your Contract after the expiration of the 18 month period, you will not incur any further charges in relation to the applicable Selected Service after expiry of the one month notice period.
Termination of your Contract for any Selected Services will not affect our right to receive any money owed to us under such Contract up to and including the date of termination. If any such payments are outstanding and your direct debit is no longer active, we will charge the credit card you have on file, or alternatively, issue you with an invoice.
We also reserve the right to suspend or terminate your Contract for Selected Services if you breach any of the material terms contained in these Terms and Conditions which apply to such Selected Service, including, without limition, failing to pay amounts due. If we believe you have breached a material term, we will send you a communication alerting you of this in accordance with Condition 3.9 of Section 2 and to let you know what other steps Care24 will take before suspending or terminating your Contract for that Selected Service. In such circumstances, if we decide to terminate a contract, we will promptly notify you and termination will take effect from the date specified in such notice.
5. HOW CAN YOUR TERMS AND CONDITIONS BE CHANGED?
We may need to change or discontinue any aspect of your Selected Services, or we may need to add to, replace or change these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods or changes in relevant laws or regulatory requirement. Where possible we will give you one month’s notice of any such changes. If this is not possible for legal or regulatory reasons, we will provide as much notice as possible.
If you disagree with the material changes we are making, you can end your Contract for the relevant Selected Service by giving us one month’s notice by email or telephone in. The changes will not impact your Selected Services provided that you give us this notice before the date upon which the notified change takes effect. This does not affect your right to end you Contract with us at any time by giving us one month's notice in accordance with Conditions 4.1 and 4.2.
6. HOW IS YOUR PERSONAL INFORMATION LOOKED AFTER?
We understand that your personal details are of a sensitive nature and highly confidential. Any information and details that we receive shall be kept confidential and stored in accordance with our Privacy Policy.
Care24 will:
store personal details (which may include your medical history or other health information) securely in our database and in accordance with the Data Protection Legislation (defined below) and our Privacy Policy. Except in circumstances as outlined in our Privacy Policy and in order to exercise our obligations to you and to protect your vital interests or in accordance with our legal obligations, we will not disclose them to any third party without your prior written consent; and
comply with all relevant obligations of the Data Protection Legislation.
Please notify us in writing at the time of making an order if there is any individual(s) (i.e. a particular family member) to whom you would not want particular medical or health information disclosed.
We may record telephone conversations for training and quality control purposes and will only store such record as long as it is legitimately necessary as is outlined in our Privacy Policy.
For the purposes of these Terms and Conditions:
“Data Protection Legislation” means the GDPR (defined below), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003, and all other applicable laws, enactments, regulations, orders, standards and other similar instruments, each as may be amended or superseded from time to time.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and the free movement of such data.
You are entitled to view your personal details that we hold. If you wish to do this please contact our Data Protection Officer by email on DPO@care24.ie
Further details about how we collect, store and use personal data about you can be found at www.care24.ie/privacy-policy
Clients and/or their representatives (where consent is given) will have access to records via the Homecare Online Portal.
7. HOW CAN I COMPLAIN?
We hope you never need to raise concerns about our products and services or any aspect of any of these Terms and Conditions. However, we understand if you wish to do so. Please send any complaints you may have to feedback@care24.ie.
Care24 will respond to any complaint made by you in accordance with our internal complaint handling procedure.
Nothing in these Terms and Conditions affect your statutory rights under the Irish and EU consumer legislation. For more detailed information on what you can expect from us to ensure that we comply with our legal obligations to consumers, please email us at: feedback@care24.ie
8 SECTION 2: THE LEGAL BIT
These terms apply to all of our products and services
1. LIMITS ON OUR RESPONSIBILITY TO YOU
We only supply products and services for domestic and private use. You agree not to use the products or services for any commercial or resale purposes.
We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation; and any other liabilities that cannot be excluded by law.
Without prejudice to condition 1.2 above, our total liability in respect of each contract between you and us based on these Terms and Conditions shall not exceed the total amount paid by you in relation to such contract during the twelve (12) months immediately prior to the event giving rise to the claim.
If we fail to comply with these Terms and Conditions or if we are responsible for any loss or damage suffered by you that is a foreseeable result of our breach or caused by our negligence, but we shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us when the contract was formed.
In no event shall we be responsible for any: 1.5.1. losses that were not directly associated with any breach of the Terms and Conditions by us or result from any negligent act or omission by you or a third party; 1.5.2. business losses; 1.5.3. losses to non-consumers; or 1.5.4. losses that relate to or arise in connection with any third party service provider, so please ensure you are comfortable that your contract with any such third party service provider is fit for purpose and is suitable for your needs.
2. EVENTS OUTSIDE OUR CONTROL
Our provision of your Selected Products and Services might be affected by events beyond our reasonable control. If so, there might be a delay in our provision of your Selected Products or before we can restart your Selected Service (or element of a service), having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to provide your Selected Product or Selected Service (or element of such service) as soon as those events have been fixed. Examples of events which might be beyond our reasonable control are:
If you change the scope of your requirements in relation to a Selected Service and we have to undertake further work to deliver the Service; 9
If we cannot access the relevant premises at the times we agreed with you through no fault by us; or if the relevant representative is not in attendance at the times we agreed with you;
If our suppliers fail to deliver the Products to us within the anticipated time frame we had agreed with them.
We shall not be held to be in breach of our Contract with you based on these Terms and Conditions except for any legal responsibility that we cannot exclude in law (such as for death or personal injury resulting from negligence), and we shall not be liable for any delay in performing, or failure to perform, any of our obligations under any such contract between you and us if such breach, delay or failure results from any event outside our reasonable control.
3. GENERAL
It may be necessary to transfer all or any of our rights and obligations under our Contract with you based on these Terms and Conditions at any time without your prior consent, but this will not affect your rights or obligations under these terms.
You may only transfer or assign your rights or obligations under these Terms and Conditions to another person if we agree to such assignment in writing in advance.
These Terms and Conditions contain the entire agreement between you and us in respect of our provision of each of your Selected Products and Services to you.
If any court or competent authority decides that any part of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, that part will, to that extent only, be removed but the remainder of these Terms and Conditions will still apply.
If at any time we do not insist on our strict rights under any contract between you and us based on these Terms and Conditions this will not prevent us from doing so on another occasion.
The laws of the Republic of Ireland will apply to any contract between you and us based on these Terms and Conditions.
If you want to take court proceedings, the relevant courts of the Republic of Ireland will have exclusive jurisdiction in relation to any contract between us.
Any notice or other information to be given by either us or you under any contract between you and us based on these Terms and Conditions shall be treated as received by the other if left at or sent by certified prepaid post to the address of the recipient shown on the Order Form or to the recipient’s last known address.
All notices sent by you to us under any contract between you and us based on these Terms and Conditions must be sent to Care24 Customer Service Department at 26 Rowan Avenue, Stillorgan Business Park, Sandyford, Dublin 18, A94 P7R9 or at the email address at support@care24.ie.
SECTION 3 – INFORMATION RELATING TO OUR PRODUCTS AND/OR SERVICES
These Terms provide further details in relation to each of our products and services. Further details of the Products and/or Services are outlined on our website. Please ensure that you carefully read each section which applies to the product(s) and/or service(s) which you are purchasing. This section is divided into the following categories, some of which may relate to products or services that you have not chosen to purchase:
The Remote assistance Service (this covers the Pendant Alarm Service, Falls Alarm Detection Products, Motion Sensors and Door sensors, whether a landline is used or not)
Falls Alarm Detection Products,
Motion Sensors and Door sensors,
Warranty Terms (these Warranty Terms apply to any Product which you purchase from us)
1. THE REMOTE ASSISTANCE SERVICE
We will use our best efforts to provide the Remote assistance Service 24 hours per day and 365 days per year, and to respond promptly to all emergency alarm calls.
Upon receipt of an emergency alarm call or notification, we will take such action as we consider appropriate in the circumstances to contact you, including without limit, contacting your Key Holders (as defined in paragraph 3 below), doctor or the Gardaí, fire brigade and ambulance (together the “Emergency Services”). However, please note that:
we cannot be held responsible if either (i) your Key Holders or (ii) the Emergency Services fails to attend the incident, or for the length of time it might take such person to arrive at the incident; and
we do not accept any liability or responsibility if your Key Holders or the Emergency Services does not act upon the information we give them.
You accept and agree that at all times we are acting as your agent in contacting your Key Holders or the Emergency Services and we will not be liable whatsoever for any cost or expense which your Key Holders or the Emergency Services might charge in connection with being contacted in connection with an incident.
If we request the Emergency Services to attend an incident, we will also inform your Key Holders of the incident.
2. YOUR USE OF THE REMOTE ASSISTANCE SERVICE
We ask that you behave reasonably in your use of the Remote assistance Service. You must not abuse the Service by persistently making emergency alarm calls where assistance is not actually required, and we ask that you do not intentionally or unnecessarily extend the length of your calls.
You must notify us promptly of anything that may affect our ability to provide the Remote assistance Service to you by contacting our Customer Services Team on 01 420 0800. In particular, you should keep us aware of the following:
changes to your address, telephone number or other contact details;
updates to your medical details and identity of your doctor; or
dates when you will be away on holiday or away from your premises or otherwise uncontactable
Information as to your Keyholders which is described in condition 3.5 below.
You acknowledge and accept that it is your sole responsibility to ensure that you are wearing or carrying your Pendant device at all times to ensure easy access to the Remote assistance Service.
You are responsible for the security of any PIN numbers, passwords or login details relating to any of your Selected Products and/or Services or your use of our Website.
3. YOUR KEY HOLDERS
Where we provide you with a Remote assistance service we strongly recommend that you provide us with the name and contact details of one person or ideally two people that live in your local area to act as key holders who we may contact to come to your aid in an emergency or where you otherwise require assistance (your “Key Holders”).
Please note that if you do not have any local Key Holders we strongly recommend that you have a Key Safe so that the Emergency Services can gain access to your premises in an emergency or where you otherwise require assistance. The Emergency Services will, under normal circumstances, not force open a door and therefore it is important that they can have access to your premises in the event that your Key Holders cannot attend.
It is your responsibility to obtain the prior consent of your Key Holders to the disclosure of their personal details to us, and to us contacting them in the event of an emergency.
You should give each of your Key Holders a key to your property and authority to allow access to your doctor and / or the Emergency Services in the event of an emergency.
It is extremely important that you notify us promptly of any changes to your Key Holders and/or their contact details and of any dates when any of your Key Holders will be away on holiday or away from their usual address or otherwise un-contactable.
You acknowledge and accept that it is your responsibility to nominate trustworthy people to act as your Key Holders. We shall not be liable for any loss, damage or theft to your property or belongings caused because you gave a Key Holder a key to your property. 12
If you would like us to notify other contacts (e.g. relatives or friends) who are not Key Holders in the event of an emergency you must provide us with their contact details. You shall be responsible for obtaining the consent of the individual whose contact details you provide to us and we shall be in no way liable for any claims or actions arising as a result of you providing the personal information of a third party to us.
4. TELEPHONE LINE REQUIREMENT
WARNING – The analogue alarm base unit required to access the With Landline Remote assistance service is currently only approved to work with a telephone line supplied and maintained by a reputable Telecom provider. You should contact your provider to check the compatibility of the landline Remote assistance service base unit BEFORE you sign up to avail of our service. If you transfer to a new provider in future, please check the compatibility of the base unit with them BEFORE you transfer.
Prior to purchasing the With Landline Remote assistance Service you must ensure that:
you have confirmed with your telephone line supplier that your telephone line is compatible with the alarm base unit;
you pay all sums due to your telephone line supplier and comply with the terms of your agreement with your telephone line supplier to ensure that we are able to continue to provide you with the relevant Remote assistance service; and
you have a modern telephone jack socket with a mains electrical 13 amp power socket (ideally within two metres of the telephone and on the same wall) in full working order.
NO TELEPHONE LINE? If you do not have a telephone line available, we will may still be able to provide you with a Remote assistance Service by using our No Landline Remote assistance Service, which is specifically designed to operate on a mobile telephone network to allow you to access the Remote assistance team. Please see the No Landline Remote assistance Service section below for further details in relation to this service.
5. NO LANDLINE REMOTE ASSISTANCE SERVICE
WARNING - The No Landline Remote assistance Service will require a mobile telephone network signal at the premises to access the Remote assistance team. Care24 cannot guarantee a mobile network signal and is therefore cannot be held liable should the connectivity to the mobile telephone network fail.
Prior to purchasing the No Landline Remote assistance Service, you must ensure that you have a mains electrical 13 amp power socket in full working order.
Sim costs to the Remote assistance team are included in your Care24 subscription. If the No Landline Remote assistance Service is used improperly and not for the purposes of a Remote assistance Service, you will be liable for any and all charges which might accrue. In the event that your No Landline Remote assistance Service sim card is lost or stolen, you will not be responsible for any airtime charges incurred after you have notified us of such theft or loss. However, you will be responsible for any charges incurred before you notify us.
13 6. USE OF THE BASIC SYSTEM NEEDED TO ACCESS THE WITH LANDLINE AND NO LANDLINE REMOTE ASSISTANCE SERVICE
To receive the With Landline and No Landline Remote assistance Service you will need to have an alarm base unit installed at your premises and an emergency alert button (together the “Basic System”). We will provide the Basic System to you so that you can access the Personal Alarm (Pendant) Service, but you acknowledge and agree that the Basic System will remain our property at all times and shall be retuned to us at the expiration of the Service. You therefore confirm and agree that you will:
not sell, dispose of, part with possession of, lend, lease or hire the Basic System;
use and operate the Basic System to access the Remote assistance Service with reasonable care and in accordance with the instructions;
return the Basic System and all ancillary equipment to us at the expiration of the Service; and
in the case of the No Landline Remote assistance Service, you shall not remove the SIM card from the Basic System.
To utilise our With Landline or No Landline Remote assistance Service we may require access to your premises for the purposes of installing and demonstrating the Basic System, and/or for any on-going maintenance requirements. In these circumstances, the following terms and conditions shall apply:
you agree to allow our Remote assistance technicians access to your premises for these purposes and to facilitate easy access to the location where the equipment is to be installed; and
if we have arranged a scheduled appointment with you and there is no answer when we attend your home, we will call you on your nominated telephone number and we will put a business card through your door when we leave. In such circumstances, we reserve the right to charge €50 for any rescheduled appointment.
Where we come to your house to install your Remote assistance system customers, we will install the Basic System at your premises and demonstrate how to use it to access the Remote assistance Service.
Where you install the Remote assistance system yourself:
we will deliver the Basic System to you together with instructions for installation, testing and use of the Basic System to access Remote assistance Service;
you must make a test call at the time of installation to activate the Basic System and ensure that it is fully operational;
you are advised to check the range of the emergency alert button on your Pendant by pressing it at various places within your home and garden. If you have any concerns about the range please call us immediately; and
if you are unable to install the Basic System yourself or you install it incorrectly and a Remote assistance technician is required to visit your premises to install, re-install or reset the Basic System (or any part of it), we reserve the right to charge you €50 to cover the cost of our technician attending.
At the discretion of Care24, the equipment provided may be new or previously used and refurbished to an equivalent level of safety and quality.
You will not be responsible for any damage to the Care24 Products and Services that is caused by reasonable wear and tear or caused by any fault or defect. However, please note that you will be responsible for the cost of replacing or repairing the Care24 Products and Services (total replacement value approximately €400) if it, or any part of it, is otherwise damaged, lost, stolen or destroyed whilst in your care.
It is possible that some external factors may affect the system’s ability to operate as expected. These factors may include, but are not limited to, radio interference, lightning strikes or communication network outages. Care24 cannot guarantee radio coverage of the Basic System (including the Pendant) within the premises due to various environmental factors, we do however recommend to carry out range coverage test to ensure the Basic System including the Pendant works throughout your premises.
7. BASIC SYSTEM MAINTENANCE AND TESTING
We will provide maintenance services in respect of the Basic System free of charge. This will consist of carrying out inspections, diagnoses and the repair or replacement of the Basic System (or any part of it) made necessary by normal wear and tear.
Maintenance of the Basic System will also be carried out by remote monitoring (at our discretion), and in response to any request made by you.
We will respond to all maintenance requests relating to the With Landline and No Landline Remote assistance Services. We will endeavour to attend to all requests which are deemed by us to be urgent within 24 hours of receipt of the request, and to attend to those requests deemed to be non-urgent within five working days from the date the request was received. Our staff will be responsible for categorising requests as either urgent or non-urgent following an assessment of individual circumstances.
Please note that we do not provide any maintenance services or additional work required to the Basic System which is a result of: 7.4.1.modifications or additions to the Basic System (or any part of it) made by a person not associated with Care24 or our associates; 7.4.2.you or a third party moving or attempting to move or tampering with the Basic System (or any part of it) after the initial installation by us; 7.4.3.misuse or neglect or any accidental damage to the Basic System (or any part of it); 7.4.4.your failure to follow our (or the manufacturer’s) instructions or advice; 7.4.5.defects in the electricity supply, telephone service, connections or equipment, cabling, junction boxes, ducting etc used or required by the Basic System (other than where any such defects were caused by or contributed to by us during the initial installation); or 7.4.6.any damage caused to the Basic System by an insurable event impacting your premises (e.g. fire, flood, storm, theft etc.).
If we, at our sole discretion, agree to carry out any additional work with respect to the Basic System in any of the circumstances listed at 7.4 above, we shall be entitled to charge you €50 per any such request to cover the cost of our technician attending.
Please ensure that you test that the System is operating correctly by making a test call at least once a month by activating the emergency button on your device.
Please ensure that you report any fault, problem, damage, loss or theft of the Basic System as soon as possible by contacting our Customer Services Team on 01 420 0800 and permit us to take any steps as we consider appropriate to resolve the problem.
8. ADDITIONAL DEVICES
Care24 supplies additional devices to enhance your use of the Personal Alarm Service (each an "Additional Device"). The Additional Devices are optional and are only available if you are receiving the Basic System from us.
If you have opted to purchase an Additional Device at the same time as ordering your Basic System, you agree to pay the prices shown on the Order Form on the date the contract for the sale of the relevant product becomes legally binding. If you choose to order any Additional Device after your Personal Alarms Service has commenced, you agree to pay the price and the installation charges (as confirmed to you by us in a Confirmation Email) on the date you confirm your order using your preferred payment method notified by you to us at that time.
Each Additional Device purchased will be your responsibility from the time of delivery or installation (as applicable).
Please note that other than our obligations as set out above, we do not provide any maintenance services in respect of the Additional Devices and shall not reposition any Additional Device after initial installation, or repair any Additional Device after the end of the Warranty Period (as defined in the Warranty section below) free of charge. Where we, at our sole discretion, agree to carry out any such additional work you will be charged €50 per request.
It is your responsibility to test regularly that each Additional Device is operating properly and to replace the batteries (if applicable) or the entire device, if required. Care24 offers a separate ‘Annual Device Checking Service’ for an additional fee which may assist you in this regard – please contact our Customer Services Team on 01 420 0800 if you are interested in receiving this service.
We will install your Additional Devices in an appropriate location on your premises. You must provide us, in sufficient time, with any information or instructions required for us to carry out the installation at the location and time designated by you. We will not be liable for delayed installation caused by your failure to provide adequate information or instructions to enable us to carry out the installation.
If we have arranged a scheduled appointment with you and there is no answer when we attend your home, we will call you on your nominated telephone number and we will put a business card through your door when we leave. In such circumstances, or where the installation was prevented by any other reason outside of our reasonable control, we reserve the right to charge €50 for any re-scheduled appointment.
9. FALLS ALARM DETECTION PRODUCTS
These terms apply to the Falls Alarm Detection Products: 9.1. The Fall Detection Products are only available if you are receiving the Basic System from us. The Fall Detection Products are included in the With Landline or No Landline Remote assistance Services. The terms relating to the Basic System shall apply to their use in conjunction with the any Fall Detection Products. 9.2. Due to the wide variety and types of fall, Care24 cannot guarantee that all falls will be detected and is therefore not liable should a fall not be detected by the Fall Alarm Detection Product. If you are able to do so, you must ensure that you press the “button” on the relevant device each time that you fall. 9.3. The Fall Detection Products have wearing options which must be set by a Care24 technician. If the wearing options are subsequently changed or otherwise tampered with, this may cause the Fall Detection Products not to work. Care24 shall not be held liable for any failure for Fall Detection Products to work where the wearing options have been subsequently altered.
10. MOTION SENSORS AND DOOR SENSORS
These terms apply to the motion sensors and door sensors
WARNING – The motion sensors and door sensors Products are only available if you are receiving the Basic System from us.
The Remote assistance service analyses data captured from Motion Sensors and Door Sensors located around the premises. Together these are called “Remote assistance Accessories”. We will provide the Remote assistance Accessories to you so that you can access the complete remote assistance Service, but you acknowledge and agree that the Remote assistance Accessories will remain our property at all times.
The Remote assistance Service works by generating emergency alerts, insight alerts and notifications to nominated contacts which are triggered by the occurrence of pre-set events being detected by one or more of the Remote assistance Accessories. The Remote assistance Service will require a 13amp electrical socket.
If a Basic Service is included in your Remote assistance Service, all terms relating to the relevant Basic Service shall apply to its use in conjunction with this service.
Predefined Emergency Alerts (including no morning activity, no movement detected in a high risk area, too long in a high risk area, door left opened) will be received by Care24. We will use our best efforts to provide a response 24 hours per day and 365 days per year, and to respond promptly to all emergency alert calls. We will agree with you in advance the nominated contacts to whom the insight alerts and notifications will be issued. We will receive copies of each alert and notifications sent to your nominated contacts.
To utilise our Complete Remote assistance Service, we will require access to your premises for the purposes of installing and demonstrating or uninstalling, and/or for any 17 on-going maintenance requirements. In these circumstances, the following terms and conditions shall apply:
you agree to allow our Remote assistance technicians access to your premises for these purposes and to facilitate easy access to the location where the equipment is to be installed; and
if we have arranged a scheduled appointment with you and there is no answer when we attend your home, we will call you on your nominated telephone number and we will put a business card through your door when we leave. In such circumstances, or where the installation was prevented by any other reason outside of our reasonable control, we reserve the right to charge €50 for any rescheduled appointment.
We will install your Complete Remote assistance System in an appropriate location on your premises. You must provide us, in sufficient time, with any information or instructions required for us to carry out the installation at the location and time designated by you. We will not be liable for delayed installation caused by your failure to provide adequate information or instructions to enable us to carry out the installation.
It is your responsibility to test regularly that each Remote assistance Accessory is operating properly and to replace any batteries (if applicable).
Upon cancelling your Remote assistance Service, you agree to return the Remote Assistance Accessories to us. To return your Remote assistance Accessories simply contact us and we will arrange for a suitable date to uninstall and collect them. If we do not receive the Remote assistance Accessories back from you, are unable to collect the Remote assistance Accessories or if the Remote Assistance Accessories are damaged, a charge of €200 will be added to your next invoice to cover the costs of the Remote assistance Accessories.
11. WARRANTY TERMS
These terms apply to each selected Product which you purchase from us:
The Company is not the manufacturer of the Products and shall endeavour to transfer to the Customer the benefit of any warranty or guarantee given to the Company by the manufactuer of the Products.
We warrant that on delivery or installation (as applicable), and for a period of 12 months from the date of delivery or installation (as applicable) (the “Warranty Period”), the Product will be:
fully functioning in accordance with the description;
safe for the use for which they are intended;
of merchantable quality (within the meaning of the Sale of Goods and Supply of Services Act 1980);
fit for the intended purpose for which you will use them (within the meaning of the Sale of Goods and Supply of Services Act 1980); and
installed correctly (provided the Product is installed by employees or agents of Care24).
You agree to report any failure to function, fault or defect that you have noticed in any Product as soon as possible by contacting our Customer Services Team on 01 420 0800 and permit us to take any steps as we consider appropriate to resolve the problem. Please note however that we are not obliged to repair, replace or refund any Product outside of the Warranty Period.
All samples, drawings, descriptive matter, specifications and advertising issued by us on our site and any descriptions are issued for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract and this is not a sale by sample.
We shall be liable under condition 11.1 provided that:
you notify us during the Warranty Period within a reasonable time of discovery that any Product does not comply with the warranties provided;
you provide us with a reasonable opportunity to examine such Product; and
if requested by us, you return such Product to us at our cost. We will, as appropriate and in our sole discretion, either arrange for the defective Product to be repaired or replaced, or refund the price in full.
These Terms and Conditions shall also apply to any repaired or replacement Product supplied by us.
We will not be liable for the failure of any Product to comply with the warranties set out in Section 3 above in any of the following events:
the fault, defect or failure to function has arisen because you have failed to follow our instructions as to use, testing or
you have altered, modified or repaired such Product without our written consent
the fault, defect or failure to function has arisen because of fair wear and tear, accident, misuse, wilful damage, neglect, negligence or abnormal or incorrect working 19 conditions (recommended working conditions are set out in the user guide) after delivery or installation (as applicable);
you make further use of such Product after giving notice that the Product breaches a warranty or
it differs from its description because of changes required to be made for legal or regulatory reasons.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.