Help at Hand terms and conditions
HELP AT HAND END USER TERMS
Please read these Terms carefully. They govern your use of the Help at Hand Service. When you register for the Service on the Website you will be asked to acknowledge that you have read these Terms and that you agree to be bound by them.
If you are registering for the Service on behalf of someone else (for example, if you're a carer registering a relative or patient, or a parent or legal guardian registering a child), you'll also be asked to confirm that you are authorised to accept these Terms and to consent to the processing of their personal data in accordance with these Terms, on their behalf. Please do not register another person for the Service or consent to the processing of personal data on their behalf if you are not authorised to do so.
You should pay particular attention to the service limitations in paragraph 3, the way we collect and process your personal data in paragraph 6 and our liability to you in paragraph 8. They contain important information about the risks and limitations associated with the Service.
If there is any provision that you do not understand or do not agree to, you should not register for the Service. Once you have accepted these Terms they will form an agreement between you and us. You may not access or use the Service unless you have accepted and agreed to these Terms and consented to the processing of your personal data by us as described in paragraph 8 (How we use your information).
In these Terms:
"Handset" means the Help at Hand phone or other device, including the sim card, for using the Service that we approve and that you have purchased separately from us or a retailer;
"O2 Network" means the mobile telecommunication system run by us;
"Service" or "Help at Hand Service" means the Help at Hand service, including access to the Support Centre, Website and Handsets including any code and/or installation files, updates and related materials and any additional information, equipment and instructions made available to you for download, installation, reference or use;
"Support Centre" means the support centre that receives and responds to activations to the Service;
"Terms" means these end user terms, and includes any other terms and conditions referred to or linked to within these terms;
"we", "us", "our" and "O2" means Telefónica UK Limited, a company registered in England and Wales at registered office 260 Bath Road, Slough, Berkshire, SL1 4DX under company number 1743099 and may include third parties who are carrying out certain activities on our behalf;
"Website" means the Help at Hand website at helpathand.o2.co.uk;
"you" or "your" means you, the end user of the Service, or a person who is authorised to use the Service on your behalf. If you are entering into these Terms on behalf of another person, "you" and "your" shall include both yourself and the end user recipient of the Service.
2. Length of Terms, Service Period and Payment
- 2.1 These Terms and the Service will begin when you have accepted the Terms, chosen your 1, 3, 6 or 12 month period for the service ("Service Period") and paid the Fees. The corresponding fees are set out on the Website ("Fees"). The Service will run for the length of the Service Period, unless the Service is terminated earlier as permitted in these Terms To avoid doubt, these Terms continue even if you don't have a current Service Period and you are not currently receiving Service.
- 2.2 You pay in advance for your chosen Service Period. If you wish to end the Service within a Service Period for which you have paid, you can end these Terms and the Service by calling us on 0800 1116009 or emailing: [email protected]
- 2.3 You will not be entitled to a refund of the Fees for any part of a Service Period for which you have paid in advance but which is unused other than in circumstances where we consider, at our discretion, that it would reasonable to give you a refund (such as in the event of bereavement).
- 2.4 At the end of the Service Period, if you don't pay for a new Service Period, the Service and these Terms will end (subject to paragraph 2.8). We'll email you and send you a text message before the Service Period ends. If you pay for a new Service Period within 6 months of your previous Service Period ending, all your personal settings in the Website will be saved. If you wait longer than 6 months, your personal settings will be lost and you'll need to re-enter them if you wish to use the Service again.
- 2.5 You may be able to use your Handset to make phone calls, send text messages and/or access the internet. Such use is subject to our Pay As You Go mobile terms at http://www.o2.co.uk/termsandconditions/mobile/on-pay-and-go-our-service-terms-are-worth-a-read. To use these services, if available, you will need to top up the Pay As You Go account associated with your sim card on the Website. You are responsible for any charges.
2.6 You can end these Terms by giving us notice if:
- (a) we break these Terms in any material way and we don't correct the breach within 7 days of receiving your written request;
- (b) we go into liquidation or a receiver or administrator is appointed over our assets; or
- (c) we change these Terms to your significant disadvantage.
Fees for any part of the Service Period that is unused will be refunded to you on a pro-rated basis.
- 2.7 We may end these Terms and the Service at any time by giving you 30 days' notice in writing (which may include by email). Fees for any part of the Service Period that is unused will be refunded to you on a pro-rated basis.
- 2.8 Upon expiry or termination of these Terms, you must cease to use the Service. Expiry or termination of these Terms will not affect either our or your outstanding rights or duties.
3. IMPORTANT - SERVICE LIMITATIONS
- 3.1 The Service is only available in the United Kingdom and is subject to O2 Network coverage. For more information about the things that affect O2 Network coverage, please look at the dedicated network pages at o2.co.uk.
- 3.2 The Service isn't fault-free and may not always be available 24 hours a day. A range of different geographic, atmospheric or other conditions or circumstances beyond our control can impair it. Availability of the Service is affected by factors including, without limitation, your location, the thickness of the walls of the building you're in, how many people near you are trying to use the O2 Network at the same time, and the availability of certain location based technologies.
- 3.3 The Service is for peace of mind. It is not intended to be a substitute for supervised medical care. We do not give medical or professional advice. It is important for your health and safety that you satisfy yourself that the Service is suitable for your needs. We don't provide any warranty that the Service will meet your health or medical requirements. We suggest you take alternative prudent and appropriate measures to keep yourself safe, including making sure you have alternative ways of contacting help.
3.4 Although we will try to ensure that the Service is available at all times, delivery of the Service or your access to the Service (or any part of it) may be suspended or disrupted, for example:
- (a) where there is a system failure;
- (b) to allow us to carry out routine or emergency maintenance or repair or upgrade work on the Service or the O2 Network;
- (c) for other operational reasons or emergencies or for reasons of security;
- (d) where we are asked to do so by a government or regulatory body;
- (e) where we are entitled to disconnect the Service as described in paragraph 8; or
- (f) for any other reason.
- 3.6 We don't provide any warranty that the operation of the Service will be uninterrupted or error-free or that defects in the Service or any Handset will be corrected. We don't provide any warranty that the Service will be free from viruses or otherwise fault-free. In particular but without limitation, fall detection may only detect falls of sufficient force. You acknowledge that you use the Service at your own risk.
3.7 To access the Service, you need a Handset containing a sim card (which you have purchased separately from us or a retailer). You understand that the Service may fail if:
- (a) the instructions and advice with respect to the Handset contained in any instructions manuals provided to you or on the Website are not followed;
- (b) the battery of the Handset is not kept charged;
- (c) you do not pay for a Service Period;
- (d) the Handset is outside O2 Network coverage;
- (e) the Handset has been damaged or abused; or
- (f) the sim card is removed or otherwise tampered with.
3.8 Occasionally we may have to:
- (a) change the number of your Handset, or any other name, code or number, or sim card associated with the Service. This might be where we're asked to do so by a government or regulatory body or where we reasonably believe that the change will make your use of the Service better. We will give you reasonable notice before this type of change is made;
- (b) bar certain numbers or Handsets from the Service on a temporary or permanent basis to prevent fraud, abuse of the Service or in circumstances where we are suffering or would suffer a direct loss.
- 4.1 By registering for the Service, you warrant that you're 18 years of age or older and that you have the requisite capacity to understand and agree to these Terms.
- 4.2 If you're registering a person under the age of 18 years or who does not have the capacity to understand and agree to these Terms, you warrant that you're authorised to do so in accordance with all applicable laws.
5.Using the Service and handset
- 5.1 You need a working internet connection and a valid email address to use the Service. You must tell us if your email address changes.
- 5.2 We will provide you with a username, passcode or other security information in order to access the Service ("Security Information"). The Security Information is personal to you and you must keep it confidential. You will be responsible for all use of the Service where the Service is accessed using your Security Information. You should immediately notify us of any unauthorised use of your Security Information.
- 5.3 You must use the Service only on Handsets approved by us. You purchased your Handset separately, with a sim card for you to access and use the service. You must not remove the sim card from the Handset.
- 5.4 It is your responsibility to ensure your Handset's battery is charged at all times. And you must take adequate steps to look after the Handset and to prevent unauthorised access to it. If the Handset is lost, stolen, faulty or damaged you must promptly tell us. You agree not to use the Service for, or in connection with, any illegal activity.
- 5.5 You must follow the instructions on the Website and provide us with the details requested. You must ensure that the information you provide to us is correct and complete, and you must keep it up to date. You should notify us as soon as you can if any of the information you have provided to us changes significantly.
- 5.6 You agree that you will use the Service, sim card and Handset for your own personal and lawful use only, and in accordance with any user guides and any reasonable instructions of ours, including without limitation in relation to health, safety, security and use of the O2 Network. You will not use the Service, sim card or Handset for any commercial, business or resale purpose.
- 5.7 You agree to provide us with any information that we reasonably ask for in relation to your use of the Service and these Terms, and will ensure that any such information is factually correct, complete and current.
5.8 You must not use or permit anyone else to use the Service, sim card or Handset:
- (a) fraudulently, in connection with a criminal offence, in breach of any law or statutory duty;
- (b) in a way that abuses the Service, for example without limitation by persistently pressing the alarm button on your Handset without good cause;
- (c) to make a call or send a message or to take pictures or video or send, upload, download, use or re-use any material, which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff or agents) or a hoax in breach of any rights or anyone's privacy or is otherwise unlawful;
- (d) to cause annoyance, inconvenience or needless anxiety, as set out in the Communications Act 2003;
- (e) to generate calls that result in a calling pattern or patterns that are disproportionate to the overall type, amount, duration and/or extent of calls which would be expected from good faith usage of the O2 Network or the Service;
- (f) to persistently send automated unsolicited communications;
- (g) in a manner which is inconsistent with a reasonable customer's good faith use of the Service or the O2 Network;
- (h) in a manner which will or is likely to adversely affect the provision of the Service to you, our other customers or users of the O2 Network
- (i) to make nuisance calls;
- (j) in a way that contravenes any licence, code of practice, instructions or guidelines issued by a relevant regulatory authority;
- (k) in a way that is in contravention of third party's rights, including but not limited to intellectual property rights;
- (l) in a manner which in our reasonable opinion may damage our reputation or the reputation of the Service;
- (m) for, or in connection with, any illegal activity.
- 5.9 You must not establish, install or use a GSM Gateway. A "GSM Gateway" means a Handset(s) containing one or more sim cards for one or more mobile networks and which enable(s) calls from fixed phones to mobile networks to be routed directly via a GSM link into the relevant mobile network.
- 5.10 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Service and you will, at our request, immediately stop the act or acts complained about. If we ask you to, you must confirm the details of the claim(s) in writing.
6. How we use your information
- 6.1 In order to provide the Service to you, we will collect and process information about you, including without limitation: information about your health and medical information which you share with us or which someone shares on your behalf (such as your medical history, conditions and treatment); information relating to your geographical location and movements; information that you provide when registering for the Service such as your name, address and telephone number; information you enter into the Website; information about your usage habits of the Service, and any other information you provide to us ("your Data").
- 6.2 When the Service is being used, we will collect and process information that shows your geographical location and movements ("Location Data").Location Data is linked to your personal information. Location Data will be collected while the Handset is switched on with the location function enabled for the duration of these Terms. We will only process your Location Data in connection with the Service. You may suspend the collection of Location Data at any time by turning off the Handset.
- 6.3 We will share your Data (including your Location Data) within our group of companies and with third parties (including group companies and organisations subcontracted by these third parties) which are involved in providing the Service, including without limitation the Support Centre, the emergency services and any carers, health professionals or other persons who have the necessary authority and permission to access, receive and process your Data on your behalf ("Third Parties"). We will do this in order to identify and monitor your geographical location and movements in accordance with the functionality of the Service and for the purposes of providing the Service between us and the Third Parties.
- 6.4 In dealing with your Data, we will at all times be bound by and comply with our legal obligations under the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 the Access to Health Records Act 1990 and any other applicable legislation and guidelines, including without limitation any guidelines issued by the Department of Health which are applicable in relation to your Data.
- 6.5 We may transfer your Data outside the European Economic Area ("EEA") for the purposes of providing the Service to you, where data protection laws may not be as strong as they are in the UK. Such transfers will only occur in connection with your use of the Service, such as for hosting the Website and/or hosting Data received from you. If we transfer your Data outside the EEA, we'll take steps to ensure that it is given the same or equivalent protection as if it was processed within the UK.
6.6 When you agree to these Terms you are explicitly consenting to:
- (a) the collection, processing, transmission and disclosure of your Data (including any health and medical information you share with us , and Location Data) for the duration of these Terms by us as described above for the purpose of providing the Service; and
- (b) the transfer of your Data by us outside of the EEA.
- 6.7 We, and our third party agents, may record or monitor telephone calls, emails and any other communications between you and us for training, quality control and our lawful business purposes.
6.9 If you're registering for the Service on behalf of another person, you confirm that you have first obtained the explicit consent of that person to:
- (a) disclose their Data to us, including their health and medical information (such as medical history, conditions and treatment and any other health information you share with us); and
- (b) have their location monitored and their Location Data processed and collected by us and any of our Third Parties. You must explain to that person that their Location Data will be collected while the Handset is switched on with the location function enabled for the duration of these Terms.
- 6.10 You may not use the Service to monitor the location of a person that is under the age of 16 unless you are that person's parent or legal guardian. Even if you are the child's parent or legal guardian, you must still comply with paragraph 6.8 and 6.9 above. If a person is unable to provide you with their valid consent by reason of his or her mental incapacitation or impairment, you confirm that you are authorised to make decisions on behalf of that person and consent to the processing of their personal data on their behalf in accordance with all applicable laws.
7.Disconnecting the Service
7.1 We may disconnect you from the Service or suspend your access to the Service if you:
- (a) breach these Terms in any material way;
- (b) are persistently abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property or that of our agents, or other people; or
- (c) do anything (or permit anyone else to do anything) which we reasonably think adversely impacts the Service to our other customers or may adversely affect the O2 Network.
- 7.2 If we reasonably consider you've done any of the things listed in paragraph , we'll tell you. You can provide information to us that we'll take into account in deciding whether or not to disconnect you from the Service or suspend your access to the Service. We'll give you at least 2 weeks' notice before any disconnection or suspension.
8.1 Subject to paragraphs 8.3 to 8.5, below, in providing the Service, we have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service provider and retailer. We are not a healthcare provider and are not in the business of providing care services. Our Service is provision of telecommunications connectivity of a Handset over the O2 Network. We don't accept liability for:
- (a) death or personal injury other than caused as a result of our negligence, our breach of these Terms and/or other breaches of our duty;
- (b) any loss of profits or business;
- (c) any costs and expenses unless those losses were reasonably foreseeable by both us and you when you agreed these Terms;
- (d) any other form of economic loss; and/or
- (e) any indirect or consequential losses.
- 8.2 You agree we have no responsibility for the deletion, loss or corruption of any information transmitted or maintained by the O2 Network, unless we're negligent.
8.3 Nothing in these Terms excludes or restricts the liability of either you or us for:
- (a) death or personal injury resulting from negligence;
- (b) for breach of any implied term as to title or quiet enjoyment arising out of section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- (c) fraud or fraudulent misrepresentation.
- 8.4 If we're found to be liable to you our liability will not exceed £3,000 (except in any case under paragraphs 8.3 and 8.5).
- 8.5 Nothing in these Terms will exclude or restrict the liability of either you or us for any liability that can't be excluded or restricted by law.
- 8.6 Nothing in these Terms will affect your statutory rights.
- 8.7 Each of these paragraphs and sub-paragraphs operates separately. If any of them is found by a Court to be unreasonable, unfair or inapplicable the other parts will still apply.
9.Changes to these Terms
- 9.1 We may need to make changes to these Terms from time to time. All changes will be posted on our Website. Please check regularly for updates.
- 9.2 If we change any of these Terms to your significant disadvantage (in our reasonable opinion) we'll give you 30 days' notice in writing (which may include by email) before the change takes place.
10.Is there anything else?
- 10.1 You acknowledge that all intellectual property rights (including, without limitation, all patents, copyright, database rights, trade marks and trade names) in the Service are owned or licensed by us. You must not copy, modify, license or reverse engineer any part of the Service in any way.
- 10.2 Third parties can't benefit from these Terms under The Contracts (Rights of Third Parties) Act 1999.
- 10.3 These Terms are the entire agreement between you and us about the Service. These Terms supersede any prior representation, statement, undertakings or discussions relating to the Service.
- 10.4 You can't assign or transfer your rights under these Terms to anyone else unless we agree in writing. We can assign or transfer our rights and obligations under these Terms or any part of them, on the same terms, to any third party.
- 10.5 Each paragraph of these Terms operates separately. If any of them are found by a Court to be unreasonable, invalid or inapplicable they will be deleted from these Terms and the others will still apply.
- 10.6 These Terms are governed by English law and we both agree to the exclusive jurisdiction of the English courts.
Telefónica UK Limited. Registered in England and Wales no. 1743099. Registered Office 260 Bath Road , Slough, Berkshire , SL1 4DX , United Kingdom .
© February 2013