Terms & Conditions

STANDARD EQUIPMENT AND SERVICE CONSUMER TERMS AND CONDITIONS Structure of these Terms and Conditions These Terms and Conditions are made up of the following: ● the Service Level Agreement – these are the core contractual commitments that apply to Alcove Equipment and Services, including your and our obligations in relation to the performance and receipt of the Services, the Service Levels, complaints procedure and confirm how and when we create a legally binding contract with you; ● the Terms and Conditions - these set out important rights for you and us including any limits to our responsibilities to you, payment requirements, rights to cancel, terminate, and how we will handle your personal data. If there is any conflict or ambiguity between the terms of the documents listed above, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list. These Terms and Conditions, together with all documents expressly referred to in them, tells you about us and the legal terms which govern the provision of the Alcove Equipment and Services. Please read these Terms and Conditions carefully and make sure you understand them before completing a purchase. Please check that you are willing to agree to each provision. If you do not agree with all parts of these Terms and Conditions we will not be able to process your order. Please note that by ordering any of our Equipment or Services you agree to be legally bound by the terms of these Terms and Conditions and any other documents expressly referred to in them. Information about us We are Alcove Limited, a company incorporated in England and Wales with company number 09076735 whose registered office is at 47 The Cartlodge Lodge Lane, Langham, Colchester, England, CO4 5NE. 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 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: ● Alcove Support phone - availability Mon - Fri 9-5 ● Alcove Support Email (ask@youralcove.com) - availability Mon - Fri 9-5 ● Online digital forms which are completed online and submitted directly to Alcove. These include Alerts request forms, Additional Caller forms, Portal Access Forms etc. These are also embedded within the Alcove Portal. Use of our Website your use of our website [Alcove – Alcove Shop (youralcove.com)] 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. SERVICE LEVEL AGREEMENT The purpose of this Service Level Agreement (“SLA”) is to describe the key services which we will provide and the obligations on you and the quality standards agreed between us in terms of service delivery. Terms used in this SLA have the meaning given to them in this SLA or in Condition 1 of the Conditions attached below. This SLA sets out: ● The technology enabled care Services which we provide and related installation and technical support; ● The obligations on you to ensure we can provide the Services (“your Obligations”); ● The overall standards which we aim 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. Duration of the contract Alcove's contract with you will start on the date that a binding contract is entered into (as determined in accordance with Condition 2 below) ("Commencement Date") and, subject always to earlier termination in accordance with these Terms and Conditions, will continue for an initial term of two years ("Initial Term") and thereafter will automatically be extended for a further two years on the anniversary of the Commencement Date ("Extended Term") unless either party gives at least three months prior written notice to the other party, such notice to expire prior to the end of the Initial Term. The Initial Term and the Extended Term shall be together referred to as the "Term". Services Provided by Us Subject to our receipt of agreed payments received by us from you we will provide the following Services: ● We will give you and any User access to the Alcove portal [following installation]. ● We will work with you to identify and refine alerting rules at your request. It is your responsibility to ensure that any alerts are responded to are cleared in a timely fashion. Failure to do this means future alerts cannot come through to the operator and may result in risk. ● Alcove Equipment comes with a standard one year warranty from original purchase on the terms set out below in the Conditions. Within one year of the date of purchase, where you notify Alcove that Alcove Equipment appears faulty, Alcove will test and if necessary replace the Alcove Equipment under warranty subject to the terms of the warranty as set out in the Conditions. ● Alcove is responsible for the installation of the Software on the Alcove Equipment and for providing access to the hosted software platform known as the Alcove Portal, subject to payment being received for the Services. ● Alcove is responsible for: o Disposing securely of any personal data pertaining to you or any Users following the expiry of the Term upon notification from you. o Providing telephone or email support during the hours set out in the "Service Availability" section below. o Secure communication and authentication with Alcove backend system. ● Technical support is provided remotely. Alcove will not provide any maintenance visit to the site unless this is expressly included as part of the Contract Price. Your Obligations In order to utilise the Alcove Equipment and Services you acknowledges and agree that you must comply with the following obligations: ● WARNING – Use of the Alcove Equipment and Services will require a mobile telephone network signal and a secure internet connection at the premises. Alcove cannot guarantee a mobile network signal or secure internet connection and is therefore not liable should the connectivity to the mobile telephone network or internet fail. ● you are responsible for arranging and ensuring that timely access is granted for the installation, maintenance, support and decommissioning of Alcove Equipment; and that any risks identified relating to access to any relevant property are shared with Alcove in advance in writing. You shall be responsible for ensuring that there are safe working conditions for Alcove's personnel when carrying out the installation works. ● It is your responsibility to promptly inform Alcove of any significant changes or faults which may affect the installation or use of Alcove Equipment or Services, including but not limited to change in occupancy, damaged or faulty Alcove Equipment, failure of internet provision. ● You are responsible for any routine repairs such as battery changes. You are responsible for the installation thereof and can request additional supplies or battery change services from Alcove which can be provided at an additional expense based on Alcove's then-current charges. ● It is your responsibility to ensure that any Alcove Equipment is not tampered with once installation is complete. Alcove shall not be responsible for Service failures arising from in such circumstances. Alcove is able to provide technical support by telephone but any site-visits or replacement Alcove Equipment will be at your expense based on Alcove's then-current Charges. ● If Alcove Equipment needs replacing due to theft or damage it is your responsibility to request this from Alcove (and this will be replaced at the your expense based on Alcove's then-current standard charges). Alcove shall not be responsible for any Service failures arising from such circumstances ● you are responsible for clearing any alerts or notifications that you have been raised with Alcove via the Software in a prompt and timely fashion. You acknowledges that unless existing alerts are cleared new alerts cannot be raised. ● you are responsible for informing Alcove of any changes to the existing living environment of any Users that could reasonably affect the delivery or performance of the Services and/or Alcove Equipment, e.g. multiple occupancy, obstructions, damp, pets, etc. Alcove are not responsible for service failure when Alcove has not been notified about material changes to the existing living environment ● you are responsible for any costs of replacement of any Alcove Equipment which has been damaged by you, a User or other person other than Alcove or its subcontractors at any time after the installation date (whether wilfully or accidentally). ● you are responsible for using the Alcove Equipment in accordance with Alcove's instructions, and ensuring that any Users use the Alcove Equipment in accordance with any instructions provided by Alcove from time to time. ● Please note that we do not provide any maintenance services or additional work required to the Alcove Equipment which is a result of: o modifications or additions to the Alcove Equipment (or any part of it) made by you; o you or a third party moving or attempting to move or tampering with the Alcove Equipment (or any part of it) after initial installation by us; o misuse or neglect or any accidental damage to the Alcove Equipment (or any part of it); o your failure to follow our (or the manufacturer’s) instructions or advice; o defects in the electricity supply, telephone service, connections or equipment, cabling, junction boxes, ducting etc used or required by the Alcove Equipment (other than where any such defects were caused by or contributed to by us during the initial installation); or o any damage caused to the Alcove Equipment 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 Alcove Equipment in any of the circumstances listed above, we shall be entitled to charge you per any such request, charges would be agreed upfront. ● Please ensure that you report any fault, problem, damage, loss or theft of the Alcove Equipment as soon as possible by contacting our Call our Alcove Support phone line on 0203 966 1121 and permit us to take any steps as we consider appropriate to resolve the problem. ● you shall not (and shall ensure that any Users shall not): o access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that: ▪ is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or ▪ is otherwise illegal or causes damage or injury to any person or property; and Alcove reserves the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions of this section; o except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the Contract: ▪ attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or ▪ attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or o access all or any part of the Alcove Equipment, Software or Alcove Portal in order to build a product or service which competes with the Alcove Equipment, Software or Alcove Portal; or o use the Alcove Equipment, Software or Alcove Portal to for any commercial purpose or to provide services to third parties other than your Users; or o license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software or Alcove Portal available to any third party except a User, or o attempt to obtain, or assist third parties in obtaining, access to the Software or Alcove Portal other than as provided under this section; or o introduce or permit the introduction of, any Virus into Alcove's network and information systems. Service Availability ● The Alcove Portal is available 24 hours a day except for: o planned maintenance carried out during the notified window; and o unscheduled maintenance performed where possible outside the support hours (set out below), provided that Alcove has used reasonable endeavours to give you at least 1 hours' notice in advance. ● Support for the Alcove system is available via phone or online (support@youralcove.com) during the times set out below. ● Call outs for defects that are not the fault of Alcove or its subcontractors, or call outs that have been rescheduled on less than 24hrs notice at your request, are chargeable. Service Levels & Service Support Alcove can be contacted by the following means: ● Alcove Support phone - availability Mon - Fri 9-5 ● Alcove Support Email (ask@youralcove.com) - availability Mon - Fri 9-5 ● Online digital forms which are completed online and submitted directly to Alcove. These include Alerts request forms, Additional Caller forms, Portal Access Forms etc. These are also embedded within the Alcove Portal. If a call is made for a request or assistance with issues of third party products Alcove will follow the same process as Alcove would with any Alcove systems. i.e. provide training, information, resources, guidance, tools or face to face support where necessary. Alcove are not responsible for the operation or maintenance of third party products, but will supply these if requested and you are not able to purchase directly, in which case Alcove will charge an additional 20% stocking fee. Response Times for responding to issues are as per below: ● Urgent – Email or Phone response by Technical team within 4 hours of notice issue during business hours ● Non-urgent – Email or Phone Response within 3 calendar days of notice issue ● Routine – at next scheduled maintenance/inspection visit. Complaints ● We hope you never need to raise concerns about the Alcove Equipment or Services, or any aspect of any of these Terms and Conditions, however, we understand that there may be times when you do. Any issue arising from the installation and use of the Alcove Equipment or Services, or any other complaint relating to Alcove is to be reported by you to Alcove support (ask@youralcove.com) in the first instance. ● Alcove will respond to any complaint made by you in accordance with our internal complaint handling procedure, please email us for a copy at ask@youralcove.com. Alcove will use reasonable commercial endeavours to rectify any faults or defects with any Alcove Equipment and any errors or defaults in the provision of the Services, provided always that if such faults, defects, errors or defaults arise as a result of any actions or omissions by you or any third party, you shall reimburse Alcove in full for any costs and expenses incurred. ● Nothing in these Terms and Conditions affect your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). you may also have other rights in law. For more detailed information on your ‘statutory rights’ and what you should expect from us please: o Call our Alcove Support phone line on [number] availability Mon - Fri 9-5 ; o Contact us in writing at: Customer Services [address]; or o Email us at: Alcove Support Email (ask@youralcove.com) - availability Mon - Fri 9-5. ● If you and we cannot resolve a dispute using our internal complaint handling procedure, we will: o let you know that we cannot settle the dispute with you; and o give you certain information required by law about the consumer ombudsman. CONDITIONS In these Conditions we’ve brought together all legal requirements that apply to all Alcove Equipment and Services, including any limits to our responsibilities to you. 1. DEFINITIONS In these Conditions, the following definitions and rules of interpretation shall apply: “Alcove” "we" or "us": Alcove Limited (a company incorporated in England and Wales with company number 09076735) whose registered office is at 47 The Cartlodge Lodge Lane, Langham, Colchester, England, CO4 5NE. “Alcove Equipment”: means the equipment in your Order as set out in the Quotation. “Alcove Portal”: the hosted online Software application which Alcove permits you and any User to access during the Term. “Conditions”: these conditions forming part of the Alcove Terms and Conditions. “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) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a party. “Licence Fees”: the annual fees payable by you for the right to use the Alcove Portal, licence of Software and ongoing support Services. “Order”: an order made by you for Alcove Equipment and Services based on the agreed Quotation. “Quotation”: the quotation provided to you by us which sets out the Contract Price payable for the Alcove Equipment, Software and the Services. “Service Level Agreement” or “SLA”: means the service level agreement contained in these Terms and Conditions which sets out details of the Services. “Services”: the installation services (if applicable) in respect of the Alcove Equipment, access to the Alcove Portal, and the related support and maintenance services as described in the SLA. “Site”: the place where the Alcove Equipment is to be delivered and/or the Services are to be carried out. “Software”: the Alcove software used to operate the Alcove Portal and any software installed by Alcove on the Alcove Equipment for the purposes of the Services . “User(s)”: any individual for the benefit of whom you have purchased the Alcove Equipment or Services where it has not been purchased for your own use. “Term”: means the period during which Alcove will provide you with the Services and license the Software as set out in the SLA. “Terms and Conditions”: the terms governing the contract between you and Alcove for the supply of the Alcove Equipment and Services incorporating the SLA, the Quotation and these Conditions (and any documents expressly referred to in them). “Virus”: any thing 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 Alcove Equipment and 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 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 sale of the Alcove Equipment. Alcove will discuss and agree with you the details in relation to the Services, Alcove Equipment 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 shall not constitute an offer, and is only valid for the stated period from its date of issue. Any Order issued by you in response to the Quotation, within the 28 day period following your receipt of the Quotation, shall constitute an offer to purchase Alcove Equipment and Services on the terms of these Terms and Conditions. Alcove may either contact you in writing to accept the Order or to say that it does not accept the Order, in this event Alcove will try to tell you why promptly. 2.3 A binding contract shall be formed between the parties when the Terms and Conditions are expressly accepted by signature on behalf of both parties or on written acceptance of the Order by Alcove in accordance with Condition 2.2 (whichever is earlier). Where these Terms and Conditions are not signed or accepted in writing by Alcove, they shall be deemed to have been accepted by you, and you agree to be bound by such terms, when you pay for or use the Services and/or Alcove Equipment. 2.4. These Terms and Conditions constitutes the entire agreement between you and Alcove in respect of Alcove's provision of the Alcove Equipment and Services to you. 2.5. Alcove’s sale to you is limited to and expressly made conditional on your acceptance of these Conditions. These Conditions govern all sales of products and services by Alcove to its customers 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 the Alcove Equipment. 2.7. Subject to the payment of the Licence Fees, 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 right and licence to use the Alcove Portal and the Software to be used in conjunction with the Alcove Equipment with the limited right to sub-license such rights to Users during the Term in order to be enable them to use Alcove Equipment and Software to register alerts. For the avoidance of doubt, neither you nor any user shall acquire any ownership rights of 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) pursuant to these Conditions. 2.8. you will not be responsible for any damage to the Alcove Equipment 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 Alcove Equipment and Services if it, or any part of it, is otherwise damaged, lost, stolen or destroyed whilst in your care. 3. PRICE AND PAYMENT 3.1. The Price shall be the sum(s) set out in the Quotation or on the www.youralcove.com website. 3.2. Unless otherwise expressly agreed in the Quotation, the Contract Price is payable in advance for the Alcove Equipment and its Licence Fees. 3.3. All payments referred to in this Contract are stated inclusive of any value added tax ("VAT") and duties payable in respect of such payments. If the rate of VAT changes between your Order date and the date we supply the Alcove Equipment, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect. 3.4. We accept payment in British Pounds GBP £ unless otherwise stated. When you must pay depends on what product you are buying: For Alcove Equipment, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. For Services, we will invoice you [annually] [in advance] for the Services until termination of the Services. You must pay each invoice within [seven (7)] calendar days after the date of the invoice. If such requirement is not met, may cancel the Order or renewal or any part of it. Where a direct debate mandate has been set up, the Contract Price shall be debited by Alcove on or after the date that the invoice is issued. 3.6 If you fails to pay the price or any other payment due hereunder, Alcove may recover, in addition to the price or payment, interest thereon at the rate of 4% per annum above the current base rate of Barclays Bank plc from the due date until payment is made, and all costs of collection. 3.7 Alcove shall, upon providing 7 days prior notice to you, be entitled to suspend further deliveries of the Alcove Equipment and/or suspend access to the Alcove Portal and performance of the Services, and/or, in its sole discretion, terminate the contract, in the event of any delay or default in payment for more than 14 days after the due date for payment. Alcove shall not be liable to you for non-delivery or delays in the Services arising as a result of your default in making payment. 3.8 Alcove reserve the right to increase or decrease the cost of any of any Services to ensure that we continue to provide you with a competitive offering. Alcove will give at least two months’ prior written notice of any such price changes. On expiry of such notice period, the Contract Price shall be deemed amended accordingly. 3.9 You acknowledges that Alcove may increase the prices quoted for Alcove Equipment on its website, marketing documentation or otherwise from time to time without notice and the Contract Price under the terms of this Contract may not be available for future orders. 4. SPECIFICATIONS AND GENERAL OBLIGATIONS 4.1. Alcove shall perform its obligations as set out in the SLA with reasonable skill and care. 4.2. you shall be solely responsible for ensuring that all information given to Alcove (directly or indirectly) is accurate suitable and correct. 4.3. you shall be solely responsible for gaining any appropriate and requisite consents in relation to your or any Users use of the Alcove Equipment and Services, including but not limited to consent pursuant to the Data Protection Legislation and any landlord or occupier consents for installation of the Alcove Equipment. 4.4. you shall give, or shall procure that any User of the Alcove Equipment and/or the Services gives, Alcove access to the Site at all reasonable times, and gives all reasonable assistance and information to Alcove, to enable Alcove to carry out its obligations under the Contract without interruption. 4.5 Where Alcove Equipment and Services are purchased by you for the benefit of a User you shall be responsible for ensuring that its Users comply with these Conditions and you shall be liable for any breach of these Conditions by any such Users. 5. CHANGES 5.1 Your Right to make changes: If you wish to make a change to the Alcove Equipment or Services ordered please contact us. We will let you know if the required change is possible. If it is possible we will confirm any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Condition 10). 5.2 Our Right to make changes: • Minor changes to the products: we may change the Alcove Equipment or Services: o to reflect changes in relevant laws and regulatory requirements; and/or o to implement minor technical adjustments and improvements, for example to address a security threat. • Updates to digital content: we may update or require you to update digital content (such as software updates), provided that the digital content shall always match the description of it that we provided to you before you bought it. 6. TIME FOR DELIVERY OF THE ALCOVE EQUIPMENT AND COMPLETION OF THE INSTALLATION SERVICES 6.1. Delivery of the Alcove Equipment shall be within a reasonable time of following payment of the relevant part of the Contract Price and in any event within 30 days after the day on which we accept your order. 6.2. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. We reserves the right to apply storage charges as necessary in the event that delivery of Alcove Equipment available for dispatch is delayed due to your request or default. 6.3 If you do not allow us access to your property to perform the Services as arranged with you (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract. 6.4. Any Services provided by Alcove will be undertaken during normal working hours (i.e. Mon-Fri 8.30am-5.30pm excluding Bank Holidays) although if necessary, and/or at your request and subject to Alcove’s agreement, such Services may be undertaken outside these hours on Alcove giving no less than [2] business days' notice to you. 6.5. Any ongoing support and maintenance in respect of the Software shall be provided subject to these Conditions. 7. ALCOVE EQUIPMENT PRODUCT WARRANTY 7.1. Alcove warrants that all Alcove Equipment it supplies will be free from defects in material and workmanship for a period of one (1) year ("Warranty Period") from the date of original purchase, provided that such Alcove Equipment are installed and used in accordance with supplied installation instructions. This limited warranty excludes remedy for damage or defect caused by abuse, alterations to the Alcove Equipment not executed by Alcove, improper or insufficient maintenance, improper operation and normal wear and tear. Alcove’s obligation under the foregoing warranty is limited to the repair or replacement of defective Alcove Equipment and does not include reimbursement for the expense of removing the defective Alcove Equipment, installing the repaired or replacement Alcove Equipment or any other damages, which shall be charged at Alcove's standard fees. In no event shall Alcove be liable for any other losses, claims or damages, whether direct, indirect, incidental, consequential or otherwise, arising from the foregoing warranty. 7.2. Alcove shall make good by repair, or at Alcove’s option by the supply of replacements, any defects in the Alcove Equipment and/or the installed Software which are notified in writing to Alcove during the Warranty Period provided such defects are due to Alcove’s faulty materials and/or workmanship or the Alcove Equipment not functioning in accordance with this Contract. 7.3. If the Alcove Equipment and/or the installed Software become defective for any reason other than as set out in Condition 7.1 above, including (but not limited to) accidental damage, failure by or on behalf of you or a User or third party to operate, service or maintain the Alcove Equipment and/or the installed Software in accordance with any operating and maintenance instructions by Alcove and/or or any relevant British Standards then such defects will not be covered by this warranty. 7.4. This warranty excludes fair wear and tear and (without prejudice to Condition 7.2) any improper use, failure of proper maintenance, failure to observe operating instructions, excessive loading, unsuitable environmental conditions, corrosive atmosphere, dust, moisture, electromagnetic disturbances, static discharge or unsuitable materials. 7.5. This warranty shall become void if you, or any party on its behalf (other than Alcove), or a User undertakes alterations or repair to the Alcove Equipment and/or the installed Software without Alcove’s written consent or if you do not notify Alcove of the defects within a reasonable time of becoming aware of (or when the you should reasonably have become aware of) the defect occurring. 7.6 This warranty is in addition to and does not replace, limit or otherwise affect your statutory rights (see Condition 8 below). 8. IF THERE IS A PROBLEM WITH THE ALCOVE EQUIPMENT 8.1 If you have any questions or complaints about the Alcove Equipment, please contact us. You can telephone our customer service team at 0203 966 1121 or write to us at ask@youralcove.com or 47 The Cartlodge, Colchester, CO4 5NE. 8.2 We are under a legal duty to supply Alcove Equipment that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.u k or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Alcove Equipment your legal rights entitle you to the following: a) Up to 30 days: if the Alcove Equipment is faulty, then you can get an immediate refund. b) Up to six months: if your Alcove Equipment can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if the Alcove Equipment does not last a reasonable length of time you may be entitled to some money back. See also Condition 10.1. a) If your product is digital content, for example our Software application, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: b) If your digital content is faulty, you're entitled to a repair or a replacement. c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation See also Condition 10.1 In respect of the Service, the Consumer Rights Act 2015 says: a) you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable. c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also Condition 10.1 8.3 If you wish to exercise your legal rights to reject Alcove Equipment you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call our Customer Services Team on 02039661121 or email us at ask@youralcove.com for a return label or to arrange collection. 9. LIMITS ON OUR RESPONSIBILITY TO YOU 9.1 Alcove only supplies the Alcove Equipment and Services for domestic and private use. You agree not to use the products or services for any commercial or resale purposes. 9.2 Alcove does not in any way exclude or limit our liability to you for: • death or personal injury caused by our negligence; • fraud or fraudulent misrepresentation; • defective or misdescribed products; • any failure to provide Services with reasonable care and skill; and • any other liabilities that cannot be excluded by law. 8.3 Alcove's total liability in respect of each contract made with you 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. 8.4 If Alcove is providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services. 8.5 If Alcove fails to comply with these Terms and Conditions Alcove is 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. 8.6 In no event shall Alcove be responsible for any: • losses that were not directly associated with any breach of the Terms and Condition by us or result from any negligent act or omission by you or a third party; • business losses; • losses to non-consumers; or • losses that relate to or arise in connection with any third party service provider (including but not limited to mobile network and internet service providers), 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. 10. YOUR RIGHTS TO END THE CONTRACT 10.1 Your cancellation rights: • To exercise your right to cancel your contract for any of your Alcove Equipment or Services, you must inform us of your decision to cancel within the correct timeframe (i.e. before the 14 day cancellation period set below has expired). Any such cancellation should be communicated to us by email at ask@youralcove.com with a clear statement of your cancellation, or by using the cancellation form set out in the box below. Alternatively you can cancel by calling our Customer Services Team on 0203 966 1121. Cancellation Form To: Customer Services, Alcove Limited, 47 The Cartlodge, Colchester, CO4 5NE 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): …………………………………………. Date: ……………………… Customer Number ……………………………….. • The cancellation period starts the moment we accept your order and the contract for your Alcove Equipment or Services is entered into and it ends, either: o where cancelling your Alcove Equipment - 14 days after the date of delivery of the relevant Alcove Equipment. If you’ve bought multiple products under one order, the 14 day period runs from the day after the date of delivery or installation of the last of the batch; or o where you are cancelling your Services - 14 days after the day on which the contract is entered into, or if you require Alcove Equipment to access your Service, 14 days after the date of delivery of the relevant equipment, if that is later. • We will then refund payments that we have already received (including delivery costs) without undue delay using the same means of payment as used for the initial transaction and you will not incur any fees for the reimbursement as follows: o your refund for cancelled Alcove Equipment will be within 14 days of either the day we receive the product back, or you provide evidence of having returned it (for example proof of postage receipt from the post office), whichever is sooner. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Alcove Equipment, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. o your refund for cancelled Services will be within 14 days of the day on which you inform us of your decision to cancel. • Where you cancel a contract for your Alcove Equipment, you will 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 Royal Mail return collection bag to help you do this. Please ask us for details. In the event that we do not receive the equipment back within 28 days we will be entitled to charge you a sum to cover postage. 10.3 Termination of the Services • Once your cancellation rights under Condition 10.1 have expired, both you and Alcove are entitled to terminate the contract for any Services for any reason by providing [one] months’ notice to the other by emailing us at ask@youralcove.com or calling our Customer Service Team on 0203 966 1121. Where a Service is terminated you will not incur any further costs in relation to the applicable Service after expiry of the one month notice period. Please note that in the event of termination by either you or Alcove, Alcove will not refund any payments made up to the date of termination. • Termination of a contract for any of your Services will not affect Alcove's right to receive any money owed to it under that contract up to and including the date of termination. If any such payments are outstanding and your direct debit is no longer active you will be asked to pay any such amounts due on termination by another method (cheque or card). • Alcove reserves the right to suspend or terminate a contract for any of your Services if you breach any of the material terms contained in the parts of these Terms and Conditions that apply to that service, including (without limit) failing to pay any amounts due. If Alcove believe you have breached a material term we will send you a communication to inform you and to let you know what other steps Alcove will take before suspending or terminating the contract for that Service. In such circumstances, if we do decide to terminate a contract, we will promptly notify you and termination will take effect from the date specified in such notice. 11. EVENTS OUTSIDE OUR CONTROL 11.1 Alcove's provision of the Alcove Equipment and Services might be affected by events beyond Alcove's reasonable control in which case there might be a delay in the provision of your Alcove Equipment and/or Services. Alcove will make reasonable efforts to limit the effect of any such events and keep you informed of the circumstances. Examples of events which might be beyond Alcove's reasonable control are: • you change the scope of your requirements in relation to a Service (and this means Alcove needs to provide additional Alcove Equipment or undertake do extra work); or • we cannot access your site at the times we agreed with you. 11.2 Alcove shall not be held to be in breach of these Terms and Conditions (except for any legal responsibility that cannot be excluded in law such as for death or personal injury resulting from negligence), and Alcove shall not be liable for any delay in performing, or failure to perform, any of its obligations if such breach, delay or failure results from any event outside its reasonable control. 12 YOUR PERSONAL DATA 12.1 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. 12.2 Alcove 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 above) and we will not disclose them to any third party, except to those who work for us; and • comply with all relevant obligations of the Data Protection Legislation. 12.3 Please notify us in writing if there is any individual(s) (i.e. a particular family member) to whom you would not want particular medical or health information disclosed. 12.4 Alcove may record telephone conversations for training and quality control purposes and as a record of that conversation. 12.6 you are entitled to view your personal details that Alcove holds. If you wish to do this please contact our Customer Services Team on 0203 966 1121 12.7 Further details about how we collect, store and use personal data about you can be found at our website https://www.youralcove.com/pages/alcove-privacy-policy 13. NOTICES 13.1 Any notice required to be given under this Contract shall be in writing and shall be delivered by email to the other party at its email address set out in the Order, or such other email address as may have been notified by that party for such purposes. Any such notice delivered by email shall be deemed to have been received at the time of transmission. 14. GENERAL 14.1 No one other than Alcove and you as parties to any contract formed in relation to these Terms and Conditions has any right to enforce any term of such contract. 14.2 It may be necessary to transfer all or any of our rights and obligations under any contract between you and Alcove 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. 14.3 You may only transfer your rights or obligations under these Terms and Conditions to another person with Alcove's prior written agreement. 14.5 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. 14.6 If at any time Alcove does not insist on our strict rights under any contract between you and Alcove based on these Terms and Conditions this will not prevent Alcove from doing so on another occasion. 14.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.