Terms And Conditions

Terms And Conditions

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These Terms and Conditions, together with all documents expressly referred to in them, tells you about us and the legal terms which govern our provision of all Guardian Care products and services.

These Terms and Conditions are designed to help you get the best out of your selected products and/or services. Please read them carefully, including those parts that specifically apply to your selected products and/or services, and make sure you understand them before completing a purchase. Please check that you are willing to agree to each provision.  If you don’t agree with all parts of these Terms and Conditions that apply to your selected products and/or services, we will not be able to process your order.

Please note that by ordering any of our products or services you agree to be legally bound by these Terms and Conditions and the other documents expressly referred to in them.

 

Information about us

We are HOME FROM HOME SOUTH LIMITED T-A GUARDIAN CARE, a company registered in England and Wales under company number 11945284, with our main trading address Guardian Care, 163  Drummond Steet, London, NW1 2PB

If you have any questions in relation to these Terms and Conditions, or need more information about the products or services, our Customer Services Team will be happy to help you. You can contact them here:

·       Write to: Customer Services, Guardian Care, 163  Drummond Steet, London, NW1 2PB

·       Email: Info@guardian-care.co.uk

        Phone Number : 0333 370 7941

Use of our Website

Your use of our website www.guardian-care.co.uk is governed by our Website Terms of Use. Please take time to read this as it contains important terms relating to your use of our site.

 

Structure of these Terms and Conditions

To make these Terms and Conditions easy for you to navigate we have separated them into 3 key sections:

Section 1: The core contractual commitments that apply to all Guardian Care products and services which confirm how and when we create a legally binding contract with you and set out important rights for you and us – including payment requirements, rights to cancel, termination, how we will handle your personal data and your right to complain.

Section 2: We’ve brought together all legal requirements that apply to all Guardian Care products and services, including any limits to our responsibilities to you.

Section 3: More specific rights about how we deliver our products and services to you and to ensure that you’re aware of the most important requirements in supporting you in using and operating them safely. These are also available online for your reference.

SECTION 1: OUR CORE CONTRACTUAL COMMITMENTS

These terms apply to all of our products and services

1. HOW DO I ORDER PRODUCTS OR SERVICES FROM YOU?

·       1.1. Any quotation given by us before an order is placed for any of our products or services is an offer by us to supply such products or services to you. Our quotation remains in force for 28 days following issue.

·       1.2. When an order is placed with us for you to receive any of our products or services, either (i) by indicating your acceptance of these Terms and Conditions by signing the Order Form / clicking to accept

·       1.3. (if purchased online), or (ii) by calling the Guardian Care Sales Line to place an order, this is when you offer to buy such products or services from us.

·       1.4. We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why and will refund any payments that we have taken and we will refund any payments that we have taken without undue delay, and in any event within 14 days, using the same means of payment as used for the original transaction.

·       1.5. We will only have accepted your order when we receive and accept your payment, or we email you to confirm acceptance of your order. A legally binding contract will then be in place between you (as the user) and us in respect of the specific product or service which the accepted payment or confirmation email relates to. These are your “Selected Products” and your “Selected Services”, together your “Selected Products and Services”.

·       1.6. You confirm that you are happy for us to deliver your Selected Products and/or start to provide your Selected Services straight away (or as soon as you are connected), rather than waiting for the 14 day cancellation period to end (as described in (3) below).

·       1.7. Please note that our contractual commitments only apply to the user of the Selected Products and Services who is party to this legally binding contract with us, even if someone else placed the order or makes a payment.

 

2. WHAT ARE MY PAYMENT REQUIREMENTS?

·       2.1. The charges applicable for each of your Selected Products and Services are as indicated on the Order Form, on the website immediately before you click to accept, and in the confirmatory email/electronic form.

·       2.2. If you already have Selected Products and Services and you subsequently call the Guardian Care Sales Line to place an order for one of our other products or services, we will let you know the charges for such product or service or the basis of calculating the charges (and any extra charges such as delivery or installation charges) to the fullest extent we can when you place an order with us.

·       2.3. Depending on the cumulative addition and/or removal of your Selected Products and Services, there may be an uplift or reduction in your charges (such increases or decreases will be notified to you at the time). We will confirm the relevant new direct debit arrangement within 14 days.

·       2.4. We reserve the right to increase or decrease the cost of any of any of your Selected Services to ensure that we continue to provide you with a competitive offering. We will give you two months’ notice if we intend to do this. If we tell you that any of your regular payments for your Selected Services are increasing, you can end the contract for that Selected Service by giving us one month’s notice. On expiry of the notice period you will not incur any further costs in relation to the applicable Selected Service.

·       2.5. If you qualify for VAT exemption due to disability or long term illness and have provided us with a signed VAT Declaration Form, VAT will not be applicable to the charges for some of our products and services and will be noted as £0.

·       2.6. The VAT Declaration Form (provided to you separately to the Terms and Conditions) contains a definition of the HMRC term ‘chronically sick or disabled’ and you should complete the VAT Declaration Form only if you qualify under that definition.

·       2.7. All payments by credit card or debit card need to be authorised by the relevant card issuer.

·       2.8. Ownership of Selected Products will only pass to you at the time we receive payment for the relevant product in full.

 

3. WHAT IS MY RIGHT TO CANCEL MY SELECTED PRODUCTS OR SERVICES?

• 3.1. To exercise your right to cancel your contract for any of your Selected Products and Services, you must inform us of your decision to cancel within the correct timeframe (i.e. before the cancellation period set out in 3.2 below has expired). Any such cancellation should be communicated to us via post, email or phone with a clear statement of your cancellation, or by using the cancellation form set out in the box below. 

Cancellation For

·       3.2 The cancellation period starts the moment we accept your order and the contract for your Selected Products and Services is entered into and it ends, either:

• 1) where cancelling your Selected Products - 14 days after the date of delivery or installation of the relevant product. 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

• 2) where you are cancelling your Selected Services - 14 days after the day on which the contract is entered into, or if you require equipment to access your Selected Service, 14 days after the date of delivery of the relevant equipment, if that is later.

·       3.3 We will then refund all payments that we have already received without undue delay using the same means of payment as used for the initial transaction and you will not incur any fees for the reimbursement as follows:

• 1) your refund for cancelled Selected Products 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.

• 2) your refund for cancelled Selected Services will be within 14 days of the day on which you inform us of your decision to cancel.

• 3.4 Where you cancel a contract for your Selected Products and Services and you have already received equipment required to access the service, you may 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 of £99.

 

4. HOW CAN THE CONTRACT FOR MY SELECTED SERVICES END?

·       4.1 Once cancellation rights have expired, both you and Guardian Care are entitled to terminate the contract for any of your Selected Services for any reason by providing one month’s notice to the other. Where a Selected Service is terminated you will not incur any further costs in relation to the applicable Selected Service after expiry of the one month notice period. Please note that in the event of termination by either you or us, we will not refund any payments made up to the date of termination.

·       4.2 Termination of a contract for any of your Selected Services will not affect our right to receive any money owed to us 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).

·       4.3 We also reserve the right to suspend or terminate a contract for any of your Selected 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 amounts due. If we believe you have breached a material term we will send you a communication to alert you and to let you know what other steps Guardian Care will take before suspending or terminating the contract for that Selected 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.   

 

5. HOW CAN YOUR TERMS AND CONDITIONS BE CHANGED?

·       5.1 We may need to change or discontinue any aspect of any of your Selected Services, or we may need to add to, replace or change these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods or changes in relevant laws or regulatory requirement. Where possible we will give you one month’s notice of any such changes. If this is not possible for legal or regulatory reasons we will provide as much notice as possible.

·       5.2 If you disagree with the changes we are making, you can end your contract for the relevant Selected Service by giving us one month’s notice by post, email or telephone. The changes will not impact your Selected Services provided that you give us this notice before the date upon which the notified change takes effect. This does not affect your right to end any contract with us at any time on giving us one month's notice.

·       5.3 If the change means that a previously included aspect of a Selected Service is no longer available and you have already paid in respect of it, we will provide a refund and we will refund any payments that we have taken without undue delay, and in any event within 14 days of such change taking effect, using the same means of payment as used for the initial transaction.

 

6. HOW IS YOUR PERSONAL INFORMATION LOOKED AFTER?

·       6.1 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.

·       6.2 Guardian Care will:

·       i) store personal details (which may include your medical history or other health information) securely in our database and in accordance with the Data Protection Legislation (defined below) and, except in circumstances when we have received an emergency alarm call and strictly only as necessary to provide you with your Selected Services and exercise our obligations to you and to protect your vital interests, we will not disclose them to any third party, except to those who work for us, without your prior written consent; and

·       ii) comply with all relevant obligations of the Data Protection Legislation.

• 6.3 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.

·       6.4 We may record telephone conversations for training and quality control purposes and as a record of that conversation.

·       6.5 For the purposes of these Terms and Conditions:

• i) Data Protection Legislation” means the GDPR (defined below), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003, and all other applicable laws, enactments, regulations, orders, standards and other similar instruments, each as may be amended or superseded from time to time.

• ii) “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and the free movement of such data.

·       6.6 You are entitled to view your personal details that we hold. If you wish to do this please contact our Customer Services Team

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7. HOW CAN I COMPLAIN?

·       7.1 We hope you never need to raise concerns about our products and services or any aspect of any of these Terms and Conditions. However, we understand that there may be times when you do.

·       7.2 Guardian Care will respond to any complaint made by you in accordance with our internal complaint handling procedure as set out in the Welcome Brochure provided to you.

·       7.3 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 what you can expect from us to ensure that we comply with our legal obligations to consumers, please:

·       Call our Customer Services Team on ; or

·       Contact us in writing at: Customer Services, Guardian Care, 16 Ashmill Street, London, NW1 6RA

·       Email us at: Info@guardian-care.co.uk

·       7.4 If we cannot resolve the complaint to your satisfaction using our complaint handling procedure, we will upon your request escalate your complaint to the Telecare Services Association (TSA). Whilst the Telecare industry is not regulated by an independent adjudicating body or Ombudsman, Guardian Care adopts the principles laid out by the TSA for raising complaints.

 

SECTION 2: THE LEGAL BIT

These terms apply to all of our products and services

1. LIMITS ON OUR RESPONSIBILITY TO YOU 

·       1.1 We only supply products and services for domestic and private use. You agree not to use the products or services for any commercial or resale purposes.

·       1.2 We do not in any way exclude or limit our liability to You for:

·       i) death or personal injury caused by our negligence;

·       ii) fraud or fraudulent misrepresentation;

·       iii) defective or wrongly described products;

·       iv) any failure to provide Selected Services with reasonable care and skill; and

·       v) any other liabilities that cannot be excluded by law.

·       1.3 Our total liability in respect of each contract between you and us based on these Terms and Conditions shall not exceed the total amount paid by you in relation to such contract during the twelve (12) months immediately prior to the event giving rise to the claim.

·       1.4 If we fail to comply with these Terms and Conditions we are responsible for any loss or damage suffered by you that is a foreseeable result of our breach or caused by our negligence, but we shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us when the contract was formed.

·       1.5 In no event shall we be responsible for any:

·       i) losses that were not directly associated with any breach of the Terms and Conditions by us or result from any negligent act or omission by you or a third party.

·       ii) business losses;

·       iii) losses to non-consumers; or

·       iv) losses that relate to or arise in connection with any third party service provider, so please ensure you are comfortable that your contract with any such third party service provider is fit for purpose and is suitable for your needs.

 

2. EVENTS OUTSIDE OUR CONTROL

·       2.1 Our provision of your Selected Products and Services might be affected by events beyond our reasonable control. If so, there might be a delay in our provision of your Selected Products or before we can restart your Selected Service (or element of a service), having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to provide your Selected Product or Selected Service (or element of such service) as soon as those events have been fixed.  Examples of events which might be beyond our reasonable control are:

·       i) you change the scope of your requirements in relation to a service (and this means we have to do extra work);

·       ii) we cannot access relevant premises at the times we agreed with you through no fault by us; and

·       iii) the relevant representative is not in attendance at the times we agreed with you.

·       2.2 We shall not be held to be in breach of any contract between you and us based on these Terms and Conditions except for any legal responsibility that we cannot exclude in law (such as for death or personal injury resulting from negligence), and we shall not be liable for any delay in performing, or failure to perform, any of our obligations under any such contract between you and us if such breach, delay or failure results from any event outside our reasonable control.

 

3. GENERAL

·       3.1 No one other than Guardian Care  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.

·       3.2 It may be necessary to transfer all or any of our rights and obligations under any contract between you and us 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.

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

·       3.4 These Terms and Conditions contain the entire agreement between you and us in respect of our provision of each of your Selected Products and Services to you.

·       3.5 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.

·       3.6 If at any time we do not insist on our strict rights under any contract between you and us based on these Terms and Conditions this will not prevent us from doing so on another occasion.

·       3.7 The laws of England and Wales will apply to any contract between you and us based on these Terms and Conditions.

·       3.8 If you want to take court proceedings, the relevant courts of England and Wales will have non-exclusive jurisdiction in relation to any contract between us.

·       3.9 Any notice or other information to be given by either us or you under any contract between you and us based on these Terms and Conditions shall be treated as received by the other if left at or sent by first class prepaid post to the address of the recipient shown on the Order Form or to the recipient’s last known address.

·       3.10 All notices sent by you to us under any contract between you and us based on these Terms and Conditions must be sent to Guardian Care Customer Service Department at 16 Ashmill Street, London, NW1 6RA