Terms & Conditions

This Contract is made up of the following documents:

1. the Quotation (and any Order confirmation);

2. the Service Level Agreement (SLA); and

3. the Conditions

If there is any conflict or ambiguity between these documents, the order of priority shall be: (1) the Quotation (and any Order confirmation), (2) the SLA, and (3) the Conditions.

All capitalised terms are defined in the Conditions.

This Contract, together with all documents expressly referred to in the Contract, tells you about us and the legal terms which govern the provision of our equipment and services. Please read this Contract carefully and make sure you understand it before completing a purchase. Please check that you are willing to agree to each provision. If you do not agree with all parts of this Contract, please do not place any order.

Please note that by ordering any of our equipment or services you agree to be legally bound by the terms and conditions of this Contract and any other documents expressly referred to in this Contract.

Information about us

We are Alcove Limited, a company incorporated in England and Wales with company number 09076735 whose registered office is at Unit 2 Mayfly Way, Ardleigh, Colchester, England, CO7 7WX (“Alcove”, “we”, “us” or “our”). Alcove is a provider of technology assisted care products and services to enable independent living for older and disabled adults. 

If you have any questions in relation to this Contract or need more information about Alcove’s products or services, our Customer Services Team will be happy to help you. 

• Alcove support phone: 02039661121 - available during Support Hours (as set out in the SLA).

• Alcove support email: ask@youralcove.com - available during Support Hours (as set out in the SLA).

Term of the Contract

This Contract shall start on the date that the Contract is entered into (as determined in accordance with the Conditions) (the “Commencement Date”) and shall continue unless and until ended by you or Alcove in accordance with Condition 10. Subject to your cancellation rights in Condition 10.1, either party may terminate this Contract (and/or any Services) at any time by giving at least thirty (30) days’ written notice to the other party in accordance with Condition 10.2. The period from the Commencement Date until termination is the “Term”.

1. QUOTATIONS 

• Subject to Condition 2.2, any Quotation given by Alcove before an Order is placed for any Equipment, Software or Services shall remain valid for 28 days (from and including the date of issue to you).

• Each Quotation is prepared based on the requirements agreed at the time of ordering and will set out the Equipment, Services and fees applicable to your Order. Quotations may vary depending on factors including (without limitation) the type and quantity of devices/sensors selected, connectivity arrangements (including whether Wi-Fi is available or whether a SIM is required), and whether services such as 24/7 Alarm Receiving Centre (ARC) monitoring, Virtual Care, delivery and/or physical installation are included.

• Where included in the Quotation, software/platform fees may cover software provision and upgrades, cloud hosting fees payable to Alcove’s hosting services provider, alerts and notifications, and any third-party software licences required to provide the Services.

• The Quotation (together with any Order confirmation) forms part of this Contract and is incorporated into it by reference.

• Batteries/consumables: Unless expressly stated in the Quotation, batteries/consumables are not included. Where required, batteries/consumables may be purchased from Alcove at an additional price, or you may purchase them yourself (provided they meet the manufacturer’s requirements).

• Additional call-outs / rescheduling: Any additional call-outs not included in the Quotation, and/or call-outs cancelled or rescheduled by you with less than the notice period stated in the Service Availability section, may be charged per call-out at Alcove’s then-current rates (and/or as stated in the Quotation).

• VAT: All costs are stated inclusive of VAT unless stated otherwise in the Quotation.

• Fee changes: All fees are subject to amendment in accordance with the Conditions.

2. SERVICE LEVEL AGREEMENT  

The purpose of this SLA is to describe the key services which Alcove will provide and the obligations on you and the quality standards agreed between you and us in terms of service delivery.  

This SLA sets out:

● the Services;

● the obligations on you to ensure Alcove can provide the Services (“your Obligations”);

● the overall standards which Alcove aims to achieve in the provision of the Services; and

● a mechanism for resolving any problems relating to the delivery of the Services or the performance of your Obligations.

Services Provided by Alcove 

Technology Enabled Care Services[CP1.1][KR1.2]

Alcove will supply the equipment and/or devices set out in your Quotation (the “Equipment”), which may include Alcove-connected equipment and/or third-party equipment (for example, pendant alarms, smartwatches, and other personal alert devices).

Unless physical installation has been agreed in the Quotation, Equipment will usually be delivered to you for self-installation.

Installation / set-up (where applicable)

● Where included in the Quotation, we will install or oversee the installation of the Equipment.

● Physical installation is available only in certain areas and subject to engineer availability. Where physical installation is requested and available, it may be subject to an additional charge (as set out in the Quotation).

● Where physical installation is not available in your area, we will provide remote set-up support (by phone and/or email) to help you install and configure the Equipment, where needed, including where you are unable to self-install using the enclosed instructions.

Demonstration and user guidance

Where installation is provided by Alcove (in-person or remotely), we will: 

● demonstrate (or explain) the safe and effective use of the Equipment; and 

● provide basic guidance on everyday use, charging, testing, alerting, and any relevant app/portal access.

Portal / software access (where relevant)

● Where relevant to the Equipment supplied, we will provide you and any authorised user(s) access to the Alcove portal and/or related services following successful set-up.

● Alcove is responsible for installing and/or enabling any Alcove software required for Alcove-provided Equipment and for providing access to the hosted platform known as the Alcove Portal, subject to payment being received.

Warranty / manufacturer terms

● All Equipment is supplied with the manufacturer’s warranty and terms, unless otherwise stated in your Quotation. Alcove will provide reasonable assistance to help you access manufacturer support where appropriate.

Support services

● Alcove will provide telephone and/or email support during the hours set out in the Service Availability section of this SLA.

● Support is usually provided remotely. If a maintenance visit is required and available, this may be subject to an additional charge, which will be agreed with you in advance of any visit.

Security and connectivity (where applicable)

● Where Equipment connects to Alcove systems, Alcove is responsible for secure communication and authentication between the Equipment and Alcove’s backend systems.

● Some Equipment (including third-party devices) may rely on third-party networks, apps, or services. Where this is the case, Alcove will provide reasonable troubleshooting support, but cannot guarantee the availability of third-party services outside Alcove’s control.

Removal and data disposal (if applicable)

● Where Equipment is supplied on a prepaid basis (meaning you do not own the Equipment), you are responsible for arranging the return of the Equipment to Alcove at the end of the Term in accordance with Alcove’s return instructions (including any packaging or courier arrangements we specify).

● Alcove will dispose securely of personal data held by Alcove pertaining to Users following the expiry of the Term, in accordance with the Conditions and applicable law.

Call Connect 247

Where your Quotation includes monitoring services, Alcove will provide access to a 24 hours a day, 7 days a week Alarm Receiving Centre (“ARC”) to receive and respond to alerts generated by compatible Equipment (including, where applicable, pendant alarms, watches, carephones, fall detection devices, or other alerting technology).

The ARC service may include:

• Receiving alerts raised manually by the User (for example, via an SOS button), and/or automatically where supported (for example, fall alerts).

• Attempting to establish contact with the User via the relevant device and/or other contact methods held on record.

• Escalation to nominated contacts (for example, family, carers, keyholders) in accordance with the User’s agreed escalation plan and the information provided to Alcove.

• Escalation to emergency services where the ARC reasonably considers this necessary and appropriate, or where escalation protocols require it.

Please note:

• ARC response times may vary depending on network connectivity, device performance, the nature of the alert, and the availability/responsiveness of nominated contacts and emergency services.

• Some alerts depend on mobile coverage, broadband/Wi-Fi, power supply, or third-party services, and may not be received or delivered in the event of outages or signal limitations.

• You are responsible for ensuring Alcove has accurate and up-to-date contact details, address information, key safe/keyholder arrangements (if applicable), and any relevant risk or access information for the User.

Virtual Care 

Where your Quotation includes Virtual Care, Alcove will provide a care at home service delivered remotely via video call using an Alcove-provided video carephone (the “Video Carephone”). Virtual Care is a planned, scheduled service intended to support the User at home through regular contact and agreed activities.

Virtual Care may include (as set out in the Quotation and/or agreed care plan at set-up):

• Medication support (for example, prompts and checks that medication has been taken, where appropriate).

• Welfare checks and routine check-ins.

• Befriending / social calls to reduce isolation and provide reassurance.

• Other agreed, non-clinical support activities delivered via video call.

Equipment, connectivity and set-up

• Alcove will supply the Video Carephone as part of the Virtual Care service.

• Where Wi-Fi is not available or not suitable for the service, Alcove may also supply a SIM for the Video Carephone to enable connectivity (subject to the terms of your Quotation and network availability).

• Alcove will configure the Video Carephone for use, including enabling one-touch video calling to approved contacts where supported.

Nominated contact and approved callers

• During set-up, you will nominate at least one friend or family member as a Nominated Contact for:

o day-to-day device support (for example, basic checks, charging, positioning), and

o support with the Alcove app/communications relating to the service (where relevant).

• The Nominated Contact may also be set up as an approved caller on the Video Carephone. Additional approved callers can be configured for easy one-touch video calling, subject to safeguarding, consent, and the capabilities of the device.

Scheduled calls and escalation

• Alcove will provide Virtual Care video calls on the agreed days and times set out in the Quotation and/or confirmed during order and set-up.

• If the User does not answer a scheduled call, or if concerns are identified during a call, Alcove will follow the escalation process agreed during order/set-up (for example, retrying contact and/or contacting the Nominated Contact and/or other agreed responders), in accordance with the information held on record.

Service boundaries

• Virtual Care is delivered remotely and is not a substitute for in-person care where this is required.

• Virtual Care is not an emergency response service. Where emergency response is required, this will be handled via the Alarm Receiving Centre (if included in your Quotation) and/or by contacting emergency services as appropriate under the agreed escalation process.

Your Obligations

Technology Enabled Care Services[CP2.1][KR2.2]

In order to utilise the Alcove Equipment and Services, you acknowledge and agree that you must comply with the following obligations:

Module A — General obligations (applies to all Services)

• Connectivity and power (warning): Some Equipment and Services require a suitable power supply and/or a mobile telephone network signal and/or an internet connection at the premises (depending on the Equipment supplied). Alcove cannot guarantee the availability of mobile network signal, broadband, Wi-Fi, or other third-party services and is not liable for any failure or interruption to the Services caused by loss or limitation of connectivity, power interruption, or third-party service outages.

• Use and care of Equipment: You are responsible for using (and ensuring that any Users use) the Equipment in accordance with Alcove’s and/or the manufacturer’s instructions, and for taking reasonable care of the Equipment.

• No tampering: You must ensure that the Equipment is not tampered with, moved inappropriately, modified, or used other than as intended. Alcove will not be responsible for Service failures arising from tampering, misuse, neglect, or unauthorised changes.

• Promptly report issues and changes: You must promptly inform Alcove of any fault, problem, damage, loss, or theft affecting the Equipment or Services, and of any significant change that may affect delivery or performance (including, where relevant, change in occupancy, change of address, changes to the living environment, or loss/changes of connectivity).

• Living environment: You must inform Alcove of any material changes to the living environment that could reasonably affect the Services and/or Equipment (e.g. multiple occupancy, obstructions, damp, pets, or relocation of the Equipment). Alcove is not responsible for failure of the Services where it has not been notified of material changes that could reasonably affect performance.

• Prohibited use: You must not (and must ensure that any Users do not):

o introduce, transmit, or store viruses or malicious code using the Software/Portal/Equipment; or

o attempt to copy, modify, duplicate, create derivative works from, decompile, reverse engineer, or otherwise reduce to human-perceivable form any part of the Software/Portal except as permitted by applicable law; or

o use the Equipment/Software/Portal to build a competing product or service; or

o use the Equipment/Software/Portal for any commercial purpose or to provide services to third parties other than Users.

Alcove may suspend or disable access where it reasonably considers there has been a breach of this Module.

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Module B — Module B — On-site installation / visits (included only if an on-site service is in your Quotation)

Where your Quotation includes installation, on-site support, maintenance, removal/decommissioning, or any other visit to the premises:

• Access: You are responsible for arranging and ensuring that timely access is granted for installation, maintenance, support and/or decommissioning, and that any known access risks or restrictions are notified to Alcove in writing in advance (e.g. parking/access limitations, entry instructions, hazards).

• Safe working conditions: You must ensure safe working conditions for Alcove’s personnel while they are at the premises.

Cancellation/rescheduling (if applicable): 

• If you cancel or reschedule a booked visit within five (5) Business Days of the scheduled date, or if an appointment must be rescheduled due to your default (including lack of access), the relevant charge for the visit may remain payable (where stated in the Quotation and/or Alcove’s then-current charges).

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Module C — Routine maintenance and replacements (included where Equipment requires User upkeep)

• Routine upkeep: Unless included as a paid service in your Quotation, you are responsible for routine upkeep such as charging devices, testing devices regularly, checking power supplies, and replacing batteries/consumables where applicable.

• Theft, loss, and damage: If Equipment needs replacing due to theft, loss, or damage after delivery/installation (whether wilful or accidental, and other than due to Alcove or its subcontractors), you are responsible for requesting a replacement and paying the applicable replacement charges (as set out in the Quotation or Alcove’s then-current charges). Alcove is not responsible for service failures arising from theft, loss, or damage.

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Module D — Family/Friend App User (Responder) obligations (included if sensor alerts/app access are provided)

Where the Services include a sensor kit and/or alerts/data made available via the Alcove App/portal to a friend or family member (“Responder”), you acknowledge and agree that:

• Compatible smartphone: The Responder is responsible for providing and maintaining a compatible smartphone and operating system, and for installing and keeping the Alcove App updated.

• Connectivity & notifications: The Responder is responsible for ensuring their phone has suitable connectivity (mobile data/Wi-Fi) and that notification permissions/settings (including battery optimisation settings) allow alerts to be received reliably.

• Managing alerts: The Responder is responsible for monitoring, acknowledging, and managing alerts for their intended purpose, and for taking appropriate action in line with any agreed household escalation arrangements.

• Alert settings suitability: If you request specific alerts or schedules (e.g. door opening alerts at night), you are responsible for ensuring these settings are appropriate and that the Responder is willing and able to receive/manage alerts at those times.

• Too many/incorrect alerts: If alerts become excessive, inappropriate, or do not reflect the User’s circumstances, you must contact Alcove promptly. Alcove can support adjustment of alert settings (for example, time windows, thresholds, or rules), subject to the capabilities of the Equipment and Services supplied.

• Keep contacts current: You are responsible for keeping Responder contact details accurate and up to date and informing Alcove promptly if a Responder should be changed or removed.

For clarity: Alcove does not normally provide an ‘operator phone’ for Services unless expressly stated in your Quotation.

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Module E — Carephone / video carephone calling obligations (included if a carephone/video carephone is provided)

Where the Services include a carephone or video carephone:

• Appropriate placement and power: You are responsible for ensuring the device is kept powered, appropriately positioned, and used in accordance with instructions (including any testing guidance).

• Calling permissions and approved callers: You are responsible for ensuring that approved caller details are correct and that any caller added has the User’s consent (where the User has capacity), and for asking Alcove to remove callers if access should be withdrawn.

• Connectivity: You acknowledge that call quality and availability may be affected by broadband/Wi-Fi/mobile coverage and that Alcove cannot guarantee the performance of third-party networks.

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Module F — Alarm Receiving Centre (ARC) obligations (included only if 24/7 monitoring is in your Quotation)

Where your Quotation includes Alarm Receiving Centre (“ARC”) monitoring:

• Accurate information: You must provide and keep up to date the User’s address, relevant access information, and the details of nominated contacts/responders (e.g., keyholders) and any escalation preferences agreed at set-up.

• Answerability: You are responsible for ensuring nominated contacts are willing and able to respond, and that they can be contacted using the details provided.

• Testing and maintenance: You must follow any reasonable testing guidance and notify Alcove promptly if tests fail or if alerts are not being received as expected.

• Emergency access: You acknowledge that where emergency services attendance is required, their response and access methods are outside Alcove’s control, and they may force entry where necessary.

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Module G — Virtual Care (video call care at home) obligations (included only if Virtual Care is in your Quotation)

Where your Quotation includes Virtual Care delivered by scheduled video calls using the Video Carephone:

• Availability for scheduled calls: You are responsible for supporting the User to be available for scheduled calls (where reasonably practicable) and for notifying Alcove if scheduled days/times need to change.

• Nominated Contact: You must nominate at least one friend or family member as a Nominated Contact for basic device support and service communications and keep their details up to date.

• Escalation agreement: You are responsible for agreeing an escalation process during order/set-up and ensuring it remains appropriate and current. If the User does not answer a scheduled call or concerns arise, you agree Alcove may follow the agreed escalation process based on the details held on record.

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Module H — Returns at end of term (include if equipment is prepaid/loaned and not owned by the customer)

Where Equipment is supplied on a prepaid basis and remains the property of Alcove, you are responsible for arranging return of the Equipment to Alcove at the end of the Term in accordance with Alcove’s return instructions. If Equipment is not returned, you may be charged a non-return or replacement fee in accordance with the Contract and/or Quotation.

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Module I — Exclusions for customer-caused issues (optional catch-all; include if you want the extra protection)

Alcove is not required to provide maintenance, replacement, or additional work (except where expressly included in the Quotation or required by law) where issues arise due to:

• modifications or additions made by you/Users;

• moving, attempting to move, or tampering with the Equipment after delivery/installation;

• misuse, neglect, or accidental damage;

• failure to follow Alcove’s or the manufacturer’s instructions or advice;

• defects or failures in electricity supply, broadband/Wi-Fi, mobile coverage, telephone service, cabling, or other third-party services/equipment; or

• damage caused by an insurable event impacting the premises (e.g. fire, flood, storm, theft).

If Alcove agrees to attend or carry out additional work in these circumstances, Alcove may charge in accordance with its then-current charges (and/or as set out in the Quotation).

Service Availability

Alcove Portal availability: 

• Where the Alcove Portal is included as part of the Services, Alcove will use reasonable endeavours to make the Alcove Portal available 24 hours a day, 7 days a week, except for:

o planned maintenance carried out during a notified maintenance window; and

o unscheduled maintenance and emergency changes.

• Where reasonably practicable, Alcove will carry out unscheduled maintenance outside the support hours set out below and will use reasonable endeavours to provide at least one (1) hour’s prior notice of a planned maintenance window.

• Support hours (phone/email): Technical and service support is available by telephone and by email at ask@youralcove.com during the following hours (excluding UK public holidays, unless stated in your Quotation):

o Monday to Friday 9am – 7pm 

o Weekends 10am – 2pm 

24/7 monitoring (if applicable): 

• Where your Quotation includes Alarm Receiving Centre (ARC) monitoring, the ARC operates 24 hours a day, 7 days a week for the receipt and handling of alarms/alerts. ARC monitoring is separate from general technical support hours above.

Virtual Care scheduled calls (if applicable): 

• Where your Quotation includes Virtual Care, scheduled video calls will take place on the days and times agreed during order/set-up and/or set out in your Quotation, subject to connectivity and the User being available to answer.

Chargeable call-outs: Any on-site visit/call-out:

• requested by you and not due to a fault caused by Alcove or its subcontractors, and/or 

• rescheduled or cancelled by you with less than five (5) Business Days’ notice, and/or

• required due to misuse, tampering, damage, loss, theft, or failure to follow instructions,

may be chargeable at Alcove’s then-current rates (and/or as set out in the Quotation). Where a charge applies, Alcove will confirm this with you in advance of attendance.

Contact channels: 

• To help us resolve issues quickly, you may be asked to provide basic information (for example, account details, device ID/serial number, screenshots, or a description of the issue).

Service Levels & Service Support

• When a request for support is received by Alcove, Alcove will categorise it as Urgent, Non-Urgent or Routine. Alcove’s target response times are set out below:

o Urgent – email or phone response within 4 hours of receipt of the request.

o Non-Urgent – email or phone response within 3 calendar days of receipt of the request.

o Routine – response and/or action at the next scheduled maintenance/inspection visit (if applicable), or otherwise within a reasonable timeframe agreed with you.

• Response times apply during the standard support hours specified in the Service Availability section only. Requests received outside support hours will be treated as received at the start of the next support period, and response times will be extended accordingly.

• Where your Quotation includes 24/7 Alarm Receiving Centre (ARC) monitoring, ARC alarm handling operates 24/7 and is separate from technical support response times above.

Complaints

• We hope you never need to raise concerns about the Equipment, the Services or any aspect of this Contract. However, if you do have a complaint or concern, please contact Alcove in the first instance via:

o Email: ask@youralcove.com 

o Telephone: 02039661121 (during Business Hours)

o Post: Unit 2, Mayfly Way, Colchester, Essex, CO7 7WX 

• Alcove will acknowledge and respond to your complaint in accordance with our internal complaints handling procedure. We will use reasonable commercial endeavours to investigate your complaint and, where appropriate, rectify faults or defects with the Equipment and/or errors or defaults in the provision of the Services.

• Where any fault, defect, error or default arises as a result of actions or omissions by you, a User, or any third party (and not due to Alcove or its subcontractors), you may be required to reimburse Alcove for reasonable costs and expenses incurred in attending, diagnosing, repairing, replacing, or otherwise addressing the issue (including any applicable call-out charges), in accordance with the Contract and/or Quotation.

• Your statutory rights: Nothing in this Contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) or any other applicable law.

• If we are unable to resolve your complaint through our internal complaint’s procedure, we will let you know. You may wish to seek independent advice (for example, via Citizens Advice), and you also have the right to pursue your complaint through the courts if you wish.

3. CONDITIONS

1. DEFINITIONS AND INTERPRETATION

1.1 In these Conditions, the following definitions and rules of interpretation shall apply:

“Alcove” “we”, “our” or “us”: Alcove Limited (a company incorporated in England and Wales with company number 09076735) whose registered office is at Unit 2 Mayfly Way, Ardleigh, Colchester, England, CO7 7WX.

“Alcove App”: the mobile application made available by Alcove (or by a third party on Alcove’s behalf) for use in connection with certain Equipment and Services, including (where applicable) receiving alerts/notifications, viewing sensor events and making/receiving calls.

“Alcove Equipment”: Equipment that is Alcove-branded and/or provided by Alcove for use with the Services.

“Alcove Portal”: the hosted online Software application and associated interfaces which Alcove permits you, any User and/or any Responder to access during the Term, including (where applicable) the Alcove App.

“Alarm Receiving Centre” or “ARC”: the 24/7 alarm receiving and handling service (where included in the Quotation) which receives and responds to alerts generated by compatible Equipment in accordance with the escalation details held on record.

“Business Day”: a day (other than a Saturday, Sunday or a public holiday in England) when the banks in London are generally open for business.

“Business Hours”: 9am to 5pm on Business Days.

“Commencement Date”: the date the Contract is formed in accordance with Condition 2.3. 

“Conditions”: these terms and conditions.

“Contract”: the contract between you and us, comprising the Order confirmation (or written acceptance of your Order), the Quotation, the SLA, these Conditions and any documents expressly referred to in them.

“Contract Price”: the sum(s) as set out in the Quotation (including the Licence Fees) as may be amended from time to time in accordance with Condition 3.8.

“Data Protection Legislation”: all applicable data protection and privacy legislation in force from time to time in the UK, including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018 (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426); and the guidance and codes of practice issued by the Information Commissioner or another relevant regulatory authority, as applicable to a party.

“Equipment”: the equipment and/or devices in your Order, as set out in the Quotation, which may include Alcove Equipment and/or third-party equipment.

“Licence Fees”: the fees payable by you for the right to use the Alcove Portal and Software and to receive ongoing associated support Services.

“Order”: an order made by you for Equipment and/or Software and/or Services, based on the agreed Quotation.

“Quotation”: the quotation provided to you by us which sets out the Contract Price payable for the Equipment and/or Software and/or Services.

“Responder(s)”: any friend, family member or other third party nominated by you or a User to (i) receive alerts/notifications and/or view data via the Alcove App/portal and/or (ii) make or receive calls with the User via the Equipment.

“Service Level Agreement” or “SLA”: the service level agreement contained in this Contract which sets out details of the Services.

“Services”: the services selected for your Order as set out in the Quotation and described in the SLA.

“Site”: the place where the Equipment is to be delivered and/or the Services are to be carried out.

“Software”: the Alcove Portal (including, where applicable, the Alcove App) and any software installed by Alcove on the Equipment for the purposes of the Services.

“Term”: the term of this Contract, as set out in the SLA.

“User(s)”: any individual who receives the benefit of the Equipment and/or Software and/or Services, where the purchase is not for your own use.

“Video Carephone”: the Alcove-provided video carephone device supplied for use with Virtual Care (where included in the Quotation).

“Virtual Care”: the planned, scheduled care-at-home service delivered remotely via video call using the Video Carephone (where included in the Quotation), as further described in the SLA.

“Virus”: anything or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms.

“you”: the individual purchasing the Equipment and/or Software and/or Services for your own benefit or the benefit of a User.

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).

1.3 A reference to a party includes its successors and permitted assigns.

1.4 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.5 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. BASIS OF THE CONTRACT

2.1 These Conditions contain general terms relating to the provision by Alcove of the Services, licensing of the Software and supply of the Equipment. Alcove will discuss and agree with you the details in relation to the Services, Equipment, Software and Contract Price and the duration of this Contract. All such details shall be set out in the SLA and the Quotation.

2.2 The Quotation given by Alcove constitutes an offer and may be accepted by you during the stated period from its date of issue.

2.3 A binding contract shall be formed between the parties when we issue written acceptance of your Order (including by email), or when we deliver the Equipment or start providing any Services (whichever occurs first). If we are unable to accept your Order, we will notify you.

2.4 The Contract constitutes the entire agreement between you and us in respect of Alcove's provision of the Equipment and/or Software and/or Services.

2.5 Alcove’s supply to you is limited to and expressly made conditional on your acceptance of these Conditions. These Conditions govern all sales of product(s) and services by Alcove to you regardless of whether you purchase through the medium of telephonic orders, internet orders, electronic orders or otherwise.

2.6 Subject to the payment in advance of the relevant part of the Contract Price, Alcove agrees to deliver to the Site and, if agreed, install at the Site, the Equipment.

2.7 Subject to the payment of the Licence Fees and your compliance with this Contract, Alcove agrees to provide the support services described in the SLA and hereby grants to you (and any User, if applicable) for the duration of the Term a non-exclusive, non-transferable, revocable right and licence to use the Software for the duration of the Term, with the limited right to sub-license such rights to Users (where necessary) during the Term, solely in order to use the Equipment and Software to register alerts and access the Services.

2.8 Neither you nor any User shall acquire any ownership rights or title to the Software. The Software shall at all times remain the property of Alcove and shall only be licensed to you (and sub-licensed to any User, where applicable) pursuant to these Conditions.

2.9 You will not be responsible for any damage to the Equipment and/or Software that is caused by reasonable wear and tear or caused by any fault or defect. However, you will be responsible for the cost of replacing or repairing the Equipment and/or Software if it, or any part of it, is otherwise damaged, lost, stolen or destroyed whilst in your care.

3. PRICE AND PAYMENT 

3.1 Contract Price

The Contract Price shall be the sum(s) set out in the Quotation, as may be adjusted in accordance with these Conditions.

3.2 Payment timing

Unless otherwise expressly agreed in the Quotation:

(a) charges for Equipment (and any delivery and/or installation) are payable in advance; and

(b) Licence Fees and any recurring Service charges are payable in advance on a monthly basis.

3.3 VAT

All payments referred to in this Contract are stated inclusive of any value added tax (“VAT”) and any duties payable in respect of such payments, unless stated otherwise. If the rate of VAT changes between your Order date and the date we supply the Equipment or Services, we will adjust the VAT you pay, unless you have already paid in full before the change takes effect.

3.4 Methods of payment and invoicing

We accept payment in British Pounds (GBP £) unless otherwise stated. Payment may be made by [Direct Debit] and/or [credit/debit card – list types] and/or [bank transfer] [as stated in the Quotation or Order confirmation[CP3.1][KR3.2]].

Unless otherwise stated in the Quotation or Order confirmation:

(a) Equipment: you must pay for Equipment (and any delivery/installation charges) before we dispatch it to you.

(b) Services: we will invoice you [monthly in advance] for the Services until the Services are terminated. You must pay each invoice within [seven (7)] calendar days of receipt (unless you pay by Direct Debit). If payment is not received when due, we may cancel the Order/renewal (or any part of it) and/or suspend the Services in accordance with Condition 3.7[CP4.1][KR4.2].

(c) Direct Debit: where a Direct Debit mandate has been set up, the amount due will be debited on or around the date it was set up each month.

3.5 Imports 

You shall be responsible for obtaining any necessary import licences or permits for entry of the Equipment and/or Services, and for any customs duties, clearance charges, taxes, brokers’ fees and other amounts payable in connection with importation and delivery.

3.6 Late payment and interest

If you fail to pay any sum due under this Contract by the due date, we may charge interest on the overdue amount at 2% per annum above the Bank of England base rate from time to time, accruing daily from the due date until payment is made, together with any reasonable costs of collection.

3.7 Suspension for non-payment

If any payment is more than 14 days overdue, we may, on giving you seven (7) days’ prior written notice, suspend delivery of Equipment and/or suspend access to the Alcove Portal and/or performance of the Services until all outstanding sums are paid. If the overdue amount remains unpaid after the notice period, we may terminate this Contract in accordance with its terms. We shall not be liable to you for delays or non-performance resulting from suspension due to non-payment.

3.8 Price changes for ongoing Services

We may increase or decrease the charges for Services (including Licence Fees) from time to time. We will give you at least two (2) months’ prior written notice of any price change. Following expiry of that notice period, the Contract Price shall be deemed amended accordingly.

If you do not accept the price change, you may terminate the affected Services before the change takes effect.

3.9 Future orders

You acknowledge that prices for Equipment and Services may change from time to time and that prices shown on our website or marketing materials are not guaranteed for future Orders. The Contract Price for your Order is the price set out in your Quotation.

4. SPECIFICATIONS AND GENERAL OBLIGATIONS

4.1 Alcove shall perform its obligations under this Contract (including the Services set out in the SLA) with reasonable skill and care.

4.2 You are responsible for ensuring that all information you provide to Alcove (directly or indirectly) in connection with the Equipment and/or Services is accurate and complete to the best of your knowledge. You must promptly notify Alcove if any such information changes.

4.3 You are responsible for obtaining any consents required in relation to the use of the Equipment and/or Software and/or Services, including (where applicable):

(a) the User’s consent (and/or the consent of any relevant authorised person) to the use of the Services;

(b) any consent required under Data Protection Legislation (including where you provide us with personal data relating to a User, Responder or other third party); and

(c) any landlord, freeholder or occupier consent required for installation of any Equipment at the Site.

4.4 Where an on-site visit is included in the Quotation (for example installation, maintenance, support, removal or decommissioning), you (and/or the User) must provide Alcove with reasonable access to the Site at reasonable times by prior appointment, and provide such reasonable assistance and information as Alcove may request to enable Alcove to carry out its obligations under the Contract.

4.5 Where you purchase Equipment and/or Services for the benefit of a User, you are responsible for ensuring that the User complies with the parts of this Contract that apply to their use of the Equipment and/or Services. You remain responsible for any costs, losses or liabilities arising from the User’s failure to comply with those obligations, except to the extent caused by Alcove’s breach of this Contract.

5. CHANGES 

5.1 Your right to make changes

If you wish to make a change to the Equipment, Software and/or Services you have ordered, please contact us. We will tell you whether the change is possible.

If it is possible, we will confirm in writing any resulting changes to:

• the Contract Price (including any one-off or recurring charges);

• the description/scope of the Equipment and/or Services;

• delivery, installation or call schedules (including Virtual Care schedules where applicable); and/or

• anything else that would need to change as a result of your request,

and we will ask you to confirm whether you wish to proceed. If we cannot make the change, or if the consequences of making the change are unacceptable to you, you may wish to end the Contract in accordance with Condition 10.

5.2 Our right to make changes

5.2.1 Minor changes (no material impact)

We may make minor changes to the Equipment, Software and/or Services where required to:

• reflect changes in relevant laws and regulatory requirements; and/or

• implement minor technical adjustments and improvements (for example, to address a security issue or threat).

These changes will not materially affect your use of the Equipment or your receipt of the Services.

52.2 Updates to digital content / software

We may update (or require you to install updates to) digital content such as the Software, Alcove Portal and/or Alcove App. We will ensure that the digital content continues to match the description we provided to you before you entered into the Contract and remains fit for purpose in accordance with applicable law.

5.2.3 More significant changes (your right to end the Contract)

We may also make more significant changes to the Equipment, Software, Services and/or these Conditions, but if we do so we will notify you in advance. If the change would materially disadvantage you, you may contact us to end the Contract (or, where applicable, the affected Services) before the change takes effect. In that case, we will refund any amounts you have paid for products or Services that you have not received (and, where Services are paid in advance, any prepaid amounts relating to the period after termination), unless otherwise required or permitted by law.

Examples of significant changes may include:

• changes to the features or functionality of the Alcove Portal/Alcove App or alerting/monitoring methods;

• changes to how the Services are delivered (for example, the way Virtual Care calls are scheduled or delivered);

• withdrawal of a particular Service component; or

• changes to these Conditions that have a material impact on your rights or obligations.

6. TIME FOR DELIVERY OF EQUIPMENT AND COMPLETION OF INSTALLATION SERVICES 

6.1 Delivery timeframe

We will deliver the Equipment within a reasonable time after we have received payment of the relevant part of the Contract Price and, in any event, no later than 30 days after the day on which we accept your Order, unless a different delivery date is agreed with you in writing (for example, where you have requested a later delivery date or where installation is scheduled for a later date).

6.2 Delays outside our control

We are not responsible for delays outside of our control. If our supply of the Equipment and/or Services is delayed by an event outside our control, we will contact you as soon as reasonably practicable to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of a substantial delay, you may contact us to end the Contract and receive a refund for any Equipment or Services you have paid for but not yet received.

If delivery of Equipment that is ready for dispatch is delayed due to your request or default (for example, you ask us to hold delivery or we cannot deliver because of incorrect address details), we reserve the right to apply reasonable storage and/or re-delivery charges (where applicable and notified to you in advance).

6.3 Access for on-site Services

Where your Quotation includes on-site Services (for example installation, maintenance, support, removal or decommissioning), you must allow us access to the Site at the agreed time. If you do not provide access as arranged (and do not have a good reason), we may charge you for additional costs reasonably incurred as a result (including, where applicable, a chargeable call-out in accordance with this Contract). If, despite our reasonable efforts, we are unable to contact you or re-arrange access to the Site within a reasonable period, we may end the Contract.

6.4 Timing of on-site Services

Unless otherwise agreed in writing, on-site Services will be carried out during Business Hours. Where you request Services outside Business Hours, this is subject to Alcove’s prior agreement and may be subject to an additional charge (as set out in the Quotation or Alcove’s then-current charges).

6.5 Software support and maintenance

Any ongoing support and maintenance in respect of the Software will be provided in accordance with this Contract (including the SLA and these Conditions).

7. ALCOVE EQUIPMENT PRODUCT WARRANTY

7.1 Warranty

Subject to this Condition 7, Alcove warrants that any Alcove Equipment and Software supplied by Alcove will be free from material defects in materials and workmanship for a period of one (1) year (the “Warranty Period”) from the date of delivery (or, where we install the Equipment, the date of installation), unless otherwise stated in the Quotation, provided that the Alcove Equipment and/or Software has been installed, set up and used in accordance with the instructions supplied by Alcove and/or the manufacturer.

This warranty does not cover faults or damage caused by:

• misuse, neglect, abuse or accidental damage;

• alterations, repairs or modifications not carried out by Alcove (or not authorised by Alcove in writing);

• improper or insufficient maintenance (including failure to charge and/or replace batteries/consumables where applicable);

• improper operation; or

• normal wear and tear.

7.2 Remedy

If a defect covered by this warranty arises during the Warranty Period, Alcove will, at its option, repair or replace the defective Alcove Equipment and/or Software.

This warranty does not include (and Alcove may charge its then-current rates for) the cost of:

• removing any defective Alcove Equipment;

• reinstalling repaired or replacement Alcove Equipment; or

• any on-site visit where an on-site visit is not included within the Quotation or is otherwise chargeable under this Contract.

7.3 How to claim

Alcove’s obligations under this warranty apply only where the defect is notified to Alcove in writing (including by email) during the Warranty Period and you provide such information as Alcove may reasonably request to investigate the issue (for example, device identifiers, photographs, or details of troubleshooting steps already taken).

7.4 Excluded defects

If the Alcove Equipment and/or Software becomes defective for reasons not covered by this warranty (including accidental damage or failure by you, a User or any third party to operate, service or maintain it in accordance with instructions), the defect will not be covered by this warranty and Alcove may charge for any repair, replacement or attendance in accordance with the Quotation and/or Alcove’s then-current charges.

7.5 Voidance

This warranty may become void if you, a User or any person acting on your behalf (other than Alcove or a person authorised by Alcove in writing) carries out alterations or repairs to the Alcove Equipment and/or Software without Alcove’s prior written consent, or if you fail to notify Alcove of a defect within a reasonable time of becoming aware of it.

7.6 Statutory rights

This warranty is in addition to, and does not replace, limit or otherwise affect, your statutory rights (see Condition 8 below).

7.7 Third-party equipment

Where your Order includes third-party equipment, that equipment is supplied with the manufacturer’s warranty and terms (unless otherwise stated in the Quotation). Alcove will provide reasonable assistance to help you access manufacturer support where appropriate.

8. IF THERE IS A PROBLEM WITH THE EQUIPMENT, SOFTWARE OR SERVICES

8.1 How to contact us

If you have any questions, concerns or complaints about the Equipment, Software or Services, please contact us. You can telephone our Customer Services Team on 0203 966 1121 or contact us in writing at ask@youralcove.com and/or Unit 2 Mayfly Way, Ardleigh, Colchester, Essex, CO7 7WX.

8.2 Your legal rights (summary)

The box below sets out a summary of some of your key legal rights as a consumer. These rights are subject to certain exceptions and conditions. For detailed information please visit the Citizens Advice website or call them on 03454 04 05 06. Nothing in these Conditions affects your legal rights.

Summary of your key legal rights (Consumer Rights Act 2015)

Goods (Equipment) must be as described, fit for purpose and of satisfactory quality. If goods are faulty, your remedies may include the right to a repair or replacement, or (in some cases) a price reduction or refund. In particular:

• Up to 30 days: you may have the right to reject faulty goods and receive a refund.

• Up to six months: if goods are faulty, the law may presume the fault was present at delivery (unless we can show otherwise). You may be entitled to a repair or replacement, and if that cannot be provided (or fails), you may be entitled to a refund or price reduction.

• Up to six years: you may be entitled to a remedy if goods do not last a reasonable length of time (this depends on the circumstances).

• Digital content (Software / Alcove Portal / Alcove App) must be as described, fit for purpose and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If the fault cannot be fixed (or is not fixed within a reasonable time and without significant inconvenience), you may be entitled to a price reduction (which can be up to the full amount). If faulty digital content causes damage to your device and we have not used reasonable care and skill, you may be entitled to a repair of the damage or compensation.

• Services must be carried out with reasonable care and skill. If a service is not provided with reasonable care and skill, you may be entitled to require us to repeat or fix the service, or (if that is not possible) to receive a price reduction. If we have not agreed a price beforehand, what you are asked to pay must be reasonable. If we have not agreed a time beforehand, the service must be carried out within a reasonable time.

• See also: your cancellation rights in Condition 10.1.

8.3 Returning Equipment where you exercise your legal rights

If you wish to exercise your legal rights to reject Equipment, you must either:

• return it to us by post, using a returns label we provide; or

• allow us to collect it from you (where the Equipment is not suitable for posting or where we agree collection).

We will pay the costs of return postage or collection where you are exercising your legal rights in relation to faulty Equipment. Please call our Customer Services Team on 0203 966 1121 or email us at ask@youralcove.com to request a returns label or arrange collection.

9. LIMITS ON OUR RESPONSIBILITY TO YOU

9.1 Alcove supplies the Equipment, Software and Services for domestic and private use only. You agree not to use the Equipment, Software or Services for any commercial, business or resale purposes.

9.2 Nothing in this Contract excludes or limits our liability to you for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation;

• supplying goods that are defective, misdescribed or otherwise not in conformity with your statutory rights;

• failure to provide Services with reasonable care and skill; or

• any other liability which cannot be excluded or limited by law.

9.3 Subject to Conditions 9.2, 9.4 and 9.5, Alcove’s total aggregate liability to you in each consecutive 12-month period of this Contract for all claims arising under or in connection with this Contract shall be limited to the Contract Price actually paid by you to Alcove in that 12-month period.

9.4 Where Alcove is providing on-site Services at the Site, we will make good any damage to the Site caused by us in the course of providing those Services. We are not responsible for the cost of repairing any pre-existing faults or damage to the Site that we discover while providing the Services.

9.5 If we fail to comply with this Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this Contract or our negligence. We are not responsible for 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 at the time the Contract was formed.

9.6 Subject to Condition 9.2, we will not be responsible for:

• losses which are not directly caused by our breach of this Contract or our negligence, including losses arising from any act or omission by you, a User, a Responder or a third party not engaged by us;

• business losses (including loss of profits, loss of business, business interruption, or loss of business opportunity); or

• losses that relate to or arise in connection with third-party services not provided by Alcove (including mobile network, broadband and internet service providers), and outages, latency or coverage limitations affecting those services.

10. YOUR RIGHTS TO END THE CONTRACT 

10.1 Your cancellation rights (14-day cooling off period)

How to cancel

To exercise your right to cancel this Contract, you must inform us of your decision to cancel within the cancellation period set out below. You can do this by:

• emailing us at ask@youralcove.com with a clear statement that you wish to cancel; or

• calling our Customer Services Team on 02039661121; or

• using the cancellation form below.

Cancellation form

To: Customer Services, Unit 2 Mayfly Way, Colchester, Essex, CO7 7 WX or ask@youralcove.com

I hereby give notice that I cancel my contract for the supply of: ……………………………………… provided by Alcove Limited.

Ordered on: ………………………………………

Name of consumer(s): ………………………………………

Address of consumer(s): ………………………………………

Signature of consumer(s) (only if submitting this form on paper): ………………………………………

Date: ………………………………………

Customer Number: ………………………………………

When the cancellation period starts and ends

The cancellation period starts when we accept your Order and this Contract is formed. It ends as follows:

• Equipment: 14 days after the day you (or a person nominated by you) receive the Equipment. If you ordered multiple items under one Order delivered on different days, the cancellation period ends 14 days after the day you receive the last item.

• Services: 14 days after the day the Contract is formed. If the Services require delivery of Equipment to access them, the cancellation period ends 14 days after the day you receive the relevant Equipment (if later).

Refunds

If you cancel within the cancellation period, we will refund payments we have received from you (including standard delivery costs, where applicable) without undue delay and using the same payment method you used for the initial transaction, unless you agree otherwise. You will not be charged any fees for the refund.

Equipment refunds: we will make the refund within 14 days of the earlier of:

• the day we receive the Equipment back; or

• the day you provide evidence that you have sent the Equipment back (for example, proof of postage).

We may reduce your refund (excluding delivery costs) to reflect any reduction in the value of the Equipment if this has been caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the Equipment. If we refund you before we have inspected the Equipment and later discover it has been handled in this way, you must pay us an appropriate amount.

Services refunds: we will make the refund within 14 days of the day on which you inform us of your decision to cancel. If you asked us to start providing Services during the cancellation period, you may be required to pay for the Services provided up to the time you cancel (as permitted by applicable law).

Returning Equipment after cancellation

If you cancel a Contract for Equipment, you must return the Equipment to us within 28 days of the date you notify us of cancellation, in the same condition in which it was dispatched to you (subject to the handling described above).

If we do not receive the Equipment back within 28 days, we may charge you a reasonable fee for such Equipment (and/or deduct this amount from any refund) in accordance with this Contract.

10.2 Termination of the Services after the cancellation period (rolling, 30 days’ notice)

Once your cancellation rights under Condition 10.1 have expired, you (or we) may terminate the Services (or any part of the Services) for any reason by giving the other party at least thirty (30) days’ written notice. You can give notice by emailing us at ask@youralcove.com or calling our Customer Services Team on 0203 966 1121.

You will not incur further charges for the terminated Services after the end of the notice period.

Unless required by law or expressly stated otherwise in this Contract, we do not refund payments already made for Services up to the effective termination date.

Termination of the Services does not affect our right to receive any money owed to us under the Contract up to and including the termination date. If any such payments are outstanding and your Direct Debit is no longer active, you must pay the outstanding balance by an alternative method.

Our right to suspend/terminate for breach

We may suspend or terminate the Services (or any part of the Services) if you breach a material term of this Contract that applies to those Services (including failure to pay amounts due). If we believe you have breached a material term, we will contact you to explain the issue and the steps we intend to take. If we decide to terminate, we will notify you and termination will take effect on the date specified in our notice.

11. EVENTS OUTSIDE OUR CONTROL

11.1 Our supply of Equipment and/or provision of Software and/or Services may be affected by events outside our reasonable control. If this happens, there may be a delay in delivery of the Equipment and/or in providing the Software and/or Services. We will contact you as soon as reasonably practicable to let you know and will take reasonable steps to minimise the effect of the delay.

11.2 We will not be in breach of this Contract, nor liable for any delay or failure to perform our obligations under this Contract, where the delay or failure is caused by an event outside our reasonable control. This does not affect any liability which cannot be excluded or limited by law.

11.3 Events outside our reasonable control may include (without limitation): failures or interruptions of power, mobile networks, broadband/Wi-Fi or other third-party communications services; adverse weather; fire, flood or other natural events; acts or omissions of third parties not engaged by us; and any changes in law or regulatory requirements.

11.4 Where performance is delayed due to your request or default (for example, you change the scope of your requirements, provide incorrect information, or we cannot access the Site at the agreed times), we will work with you to re-arrange delivery and/or performance. Any additional costs or revised timescales will be confirmed with you in advance (and may be chargeable in accordance with this Contract).

12. YOUR PERSONAL DATA

12.1 We take the privacy and security of your personal data seriously. We will process personal data in accordance with the Data Protection Legislation and our privacy policy.

12.2 We may collect and use personal data (which may include special category data such as health information where relevant to providing the Services) for the purposes of supplying the Equipment, Software and Services, providing support, managing your account and complying with our legal obligations.

12.3 We will put appropriate technical and organisational measures in place to protect personal data and will restrict access to authorised personnel and service providers who need it to perform their roles.

12.4 We may share personal data with our employees, contractors and service providers (for example, hosting providers, connectivity providers, and support/maintenance partners) to the extent necessary to provide the Equipment, Software and Services, and we will ensure appropriate safeguards are in place.

12.5 Please notify us in writing if there is any individual (for example, a particular family member) to whom you do not want certain information disclosed, and we will take this into account where reasonably practicable and lawful.

12.6 We may record telephone conversations for training and quality control purposes and to maintain a record of the conversation.

12.7 You are entitled to access personal data we hold about you and to exercise your other rights under Data Protection Legislation. To make a request, please contact our Customer Services Team on 02039661121 or email ask@youralcove.com.

12.8 Further details about how we collect, use and store personal data are set out in our privacy policy: https://www.youralcove.com/pages/alcove-privacy-policy.

13. NOTICES

13.1 Any notice given under this Contract must be in writing and may be sent by email to the email address set out in the Order (or such other email address as a party notifies to the other for this purpose).

13.2 A notice sent by email will be deemed received at the time it is sent, provided that no delivery failure message is received by the sender. If the email is sent outside Business Hours, it will be deemed received at the start of the next Business Day.

14. GENERAL

14.1 Third party rights: No one other than you and Alcove has any right to enforce any term of this Contract.

14.2 Assignment by us: We may transfer all or any of our rights and obligations under this Contract to another organisation. If we do, we will ensure that your rights under this Contract are not affected.

14.3 Assignment by you: You may only transfer your rights or obligations under this Contract to another person with our prior written consent.

14.4 Variation: Except as expressly set out in this Contract, no variation of this Contract shall be effective unless it is in writing and agreed by you and us.

14.5 Severance: If any part of this Contract is found by any court or other competent authority to be invalid, unlawful or unenforceable, that part shall be deemed modified to the minimum extent necessary to make it valid, lawful and enforceable. If such modification is not possible, the relevant part shall be severed from the remainder of this Contract, which shall continue in full force and effect.

14.6 Waiver: If we do not insist on strict performance of your obligations under this Contract, or if we do not enforce our rights against you, that will not mean we have waived those rights.

14.7 Governing law and jurisdiction: This Contract is governed by English law. If you live in England or Wales, you can bring legal proceedings in respect of this Contract in the English courts. If you live in Scotland, you can bring proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring proceedings in either the Northern Irish or the English courts.