Terms of Service
These are the terms and conditions on which AVERio will supply the Goods and Services (as defined below) to the Customer acting in capacity as a Consumer. If you are placing an order on behalf of an organisation in a professional/business capacity the following terms and conditions do not apply. Instead our trade terms and conditions apply. Please contact business@averio.co.uk for more information on these.
Before placing an Order, please read these terms and conditions carefully to make sure that you understand its contents. By placing an Order, you agree to be bound by these terms and conditions. If ordering online, you will need to confirm that you agree to these terms and conditions before you complete your Order. If you are placing an Order over the telephone, you should review this document upon receipt, upon which you shall have 30 days to cancel your Order. If you have any questions or concerns please email vie@averio.co.uk.
You must be at least 18 years old and a resident in the UK to place an Order on our website or via the telephone. If you are not 18 years of age or older, we must declare that we are unable to sell Goods and/or Services to you.
An Order constitutes an offer by you to purchase the Goods and subscribe for the Services in accordance with these terms and conditions.
We may make changes to these terms and conditions at any time. However, the terms which apply to your Order will be those in force at the time you submitted the Order to us.
1.THE MEANING OF THE WORDS USED IN THESE TERMS AND CONDITIONS
1.1 In these terms and conditions, the following words have the following meaning (except where the context otherwise requires):
Agreement: means these Terms and the Order.
App: means the My AVERio mobile application software and the related electronic documentation.
AVERio: means AVERio Limited a company incorporated in England and Wales, whose registered number is 14920203 and whose registered office is at Initial Business Centre, Wilson Business Park, Manchester, United Kingdom, M40 8WN.
Billing Date: means the date upon which the Subscription Fee is due;
Billing Period: means (i) initially the period starting on the date when an Order is placed and ending on the day immediately preceding the next Billing Date, and (ii) thereafter, the period starting on a Billing Date and ending on the earlier of the next Billing Date or the date of termination or expiration of the Services;
“Customer” “you” or “your”: means, as applicable, the individual placing the Order who is the account holder; the Service User, or where you are accessing the Services on behalf of a friend or relative such other person.
Customer Data: means the data inputted by the Customer, or AVERio on the Customer’s behalf for the purpose of using the Services or facilitating the Customer’s use of the Services.
Delivery Location: means the home address of the Service User or other location as set out in the Order.
Distance Contract: means a contract concluded between a trader and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Agreement is concluded.
Fee: means the fee payable for the Goods and the Subscription Fee.
Goods: means the vie Pebble and vie Watch and any other products that we advertise on the Website and that we supply to you in connection with the Services, of the number and description as set out in the Order or as subsequently agreed between the Customer and AVERio.
Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
Order: means the Customer’s Order for Goods and Services from AVERio as submitted following the step-by-step process set out on the Website, including without limitation telephone orders or any other process that AVERio advertises.
Order Confirmation Email: means an email from AVERio confirming that the Order has been received, accepted and processed;
Services: means the services advertised on the Website, namely health and wellbeing services including the option to send alerts and notifications to you via the App and/or Software.
Service User: means the individual who benefits from the Goods. This is where the Goods are installed.
Software: means the online software applications provided by AVERio as part of the Services.
Subscription Fee: means the monthly recurring subscription fee payable for the Subscription Package more particularly set out on the Website when purchasing a Subscription Package paid each Billing Date to cover the cost of the Services.
Subscription Package: means the subscription package that the Customer chooses to have and purchases in relation to the Services with an Order.
Support Services Policy: means AVERio’s policy for providing support in relation to the Goods and Services as made available at averio.co.uk or such other website address as may be notified to you from time to time.
Terms: means these terms and conditions.
Website: means averio.co.uk on which the Goods and Services are advertised.
- ORDERS
- Please check your Order carefully and correct any errors before you submit it to us.
- After you place your Order, we will send you an acknowledgment email to let you know that we have received your order. This does not mean that your Order has been accepted by us. Your Order is an offer to buy Goods and Services from us on these Terms.
- Acceptance of your Order by us takes place when we send you an Order Confirmation Email, at which point a legally binding Agreement is formed between you and us on these Terms.
- If we do not accept your Order, for example because we are unable to take payment, what you’ve ordered is unavailable, you are under 18 or live outside of the UK, or there has been a mistake regarding the pricing or description of the Goods and Services, we will email you using the details you provided when you placed your We have the right to reject any Order for any reason.
- AVAILABILITY
2.1 All Orders are subject to availability.
- We cannot guarantee that any Goods and Services will be available at any given time. We also cannot guarantee that access to Services or digital content will be uninterrupted, error free or secure. For example, access to digital content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
- In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop supplying certain Goods, Services or digital content. If this happens and it affects your Order, we will notify you by email, cancel your Order and:
- in respect of any affected Services, provide you with a refund of any advance payments made by you for any affected Services that have not yet been provided; and
- in respect of any affected Goods provide you with a full refund (including any delivery costs, if applicable).
- MAKING CHANGES TO YOUR ORDER
If you would like to make any changes to your Order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your Order together with details of any additional Fee payable.
- DESCRIPTIONS
4.1 Descriptions of our Goods and Services are set out on our Website. Please read the descriptions carefully.
- Any pictures and images provided on the Website, including of packaging, are for illustration purposes only. Your Goods and their packaging may vary slightly from those pictures or images.
- We cannot guarantee that the colours displayed on your device will match exactly the appearance of your Order. The colours of the Goods displayed on our Website may vary depending on what device you are using and your settings.
- All weights, sizes and measurements set out on our Website are as accurate as possible but there may be a small tolerance of up to 10%.
- PRODUCT RECALL
5.1 In the event that any of the Goods are found by AVERio, court order or other directive of a governmental or regulatory authority to withdrawal of any Goods from the market (Recall Notice) we shall immediately notify you in writing enclosing a copy of the Recall Notice.
5.2 AVERio shall arrange (at its own risk and expense) for any Goods which may be affected by a product recall or correction action, and which are still held by you, to be collected and returned to AVERio or destroyed.
5.3 AVERio shall refund you the price paid in respect of any Goods which may be affected by a product recall or shall provide you with a replacement.
- THE SERVICES
6.1 The Services use the same mobile network infrastructure as mobile telephones, the cost of which is included in the Subscription Fee. You acknowledge and accept that the Services will not trigger an alert when there is no network coverage.
6.2 The fall sensors can detect falls. If a hard fall is detected, the AVERio system automatically raises an alert to the registered account via the My AVERio app and initiates a voice call your nominated contact telephone number. Like most similar devices on the market, it cannot be guaranteed that it is able to detect all falls and we make no claim that it is able to. You should never rely on this system to raise an alert to emergency services. You should always call the emergency services yourself in accordance with clause 6.3.
6.3 You should always call the emergency services in the first instance if (i) you require immediate assistance in person; (ii) there is any delay in the fall sensor triggering an alarm; or (iii) there is a mobile network outage.
6.4 We may make changes to the Services which are necessary to comply with any applicable law, regulation or safety requirement. We will notify you of these changes in writing within a reasonable period of time. For the avoidance of doubt, your continued use of the Services shall be taken as acceptance of such changes to the Services.
6.5 The provision of the Services will at all times be subject to any downtime and/or interruptions caused by computer or software failure or routine or emergency maintenance by us or you or by third parties.
6.6 The App will not function properly if your device is broken or powered off, if the App software is not enabled, if any hardware or software on your device prevents the App from operating as intended or lacks signal or data connectivity. The maintenance of your mobile and computer devices is your responsibility.
6.7 You acknowledge that the App and Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and Services meet your requirements.
6.8 All information contained on the Services (including the Website and the App), including medical information, location, information, alerts sent to relatives and/or caregivers is only for relatives and/or caregivers information and not to be perceived as a communication on your behalf. We do not assume any liability for inaccuracies or mistakes in the operation of the alert as it may pertain to your health or overall wellbeing. We also do not assume any liability due to a fall or a seizure. The Service is simply provided to alert you, not to give specifics on the severity of any such accident or fall.
6.9 Our App and Services are specifically designed for use in the United Kingdom and if you use them elsewhere you should check in that country or region that it is appropriate and lawful for you to do so.
6.10 By using the App or any of the Services, you consent to us collecting and using technical information about your device(s) and related software, hardware for Services that are internet based or wireless to improve our products and to provide any Services to you.
- OPERATING SYSTEM REQUIREMENTS
The My AVERio mobile App requires either an Android or Apple device with push notifications enabled in order to function correctly. Our web application is compatible with Google Chrome, Microsoft Edge, or Apple Safari browsers. Users should ensure their devices, operating systems and browsers are kept up to date to ensure optimal performance.
- LICENCE RESTRICTIONS
8.1 You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Software in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Software, except as part of the normal use of the App and Software or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Software nor permit the App or the Software or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Software on devices as permitted in these Terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App or Software;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
- CUSTOMER RESPONSIBILIES
9.1 You shall co-operate with us in all matters relating to the Services and provide us and our authorised employees and representatives with all information required to perform the Services.
9.2 You shall maintain the confidentiality of all passwords and access credentials issued by us (you are responsible for all use of such passwords, whether such use was actually or expressly authorised by us) and determine the extent of a permitted users rights to the Services. You must notify us immediately upon becoming aware that a password has become known to a third party.
9.3 If you ever feel the security of your account has been compromised, then please contact us immediately. We will take all necessary steps with the account to restore security, which may involve the deletion of the account. Please note that we cannot guarantee the retention and accuracy of information held on deleted accounts being transferred to a new account.
9.4 You shall comply with all laws applicable to your use of the Services.
9.5 You shall only make use of the Services for a legitimate and lawful purpose.
9.6 You shall allow AVERio to access your AVERio account and data within for the purposes of essential support and training with you.
9.7 In order for us to provide you with a useful and appropriate Service, you shall ensure that all information provided to us is accurate and that you shall email us if there are any amendments to the details provided. It is your responsibility to ensure that any information you provide is accurate.
9.8 You must:
(a) not use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Services or any operating system;
(b) not infringe our Intellectual Property Rights or those of any third party in relation to your use of the App or the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Services;
(d) not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the services running any of the Services.
9.9 You shall obtain the consent of individuals whose personal data are to be held on the user registration pages or data history stored on each AVERio account.
9.10 In addition to clause 9.9 you shall obtain the consent of the Service User for the Goods to be installed in their property and for AVERio to provide the Services. In the event the Service User lacks mental capacity to give their consent you must be appointed to make decisions for them or you must be able to obtain consent from someone appointed to make decisions for them.
9.11 You shall obtain and maintain all necessary licences, consents and permissions necessary for AVERio, its contractors and agents to perform their obligations under this Agreement, including without limitation the Services.
- FEES AND PAYMENT
10.1 You agree to pay the Fees. If you do not pay the Subscription Fees as they fall due, we reserve the right to suspend or terminate the Services.
10.2 The minimum length of this Agreement is three Billing Periods, subject to your rights as Consumer to cancel this Agreement.
10.3 You shall pay the fee payable for the Goods, first Subscription Fee payment and any additional delivery charges in accordance with clause 10.5 and you shall pay the subsequent Subscription Fee payments as they fall due (depending on the payment option selected). Unless otherwise agreed in writing, the price payable for the Goods and Services, delivery charges or other charges shall be in accordance with the price list on the Website for the Subscription Package option selected by you on the date you place the Order. The Subscription Fee may be calculated on a fixed price or on a standard monthly or annual rate basis or any other pricing metric set out on the Website. The price payable will depend on the option that you select when placing the Order.
10.4 Fees and charges are exclusive of value added tax, which shall be added to the invoice(s) at the appropriate rate.
10.5 You must pay by submitting your credit or debit card details or Direct Debit details with your Order and we can process your payment immediately or, at the latest, before delivery of the Goods or provision of the Services.
10.6 We accept the following credit cards and debit cards; Mastercard, Visa, Google Pay, Apple Pay. You can also pay by cheque and direct debit. All credit card and debit card payments needs to be authorised by the relevant card issuer.
10.7 We may increase or decrease the Subscription Fee or amend the Billing Date and/or Billing Period from time to time, upon giving you at least 1 months’ notice in writing of our intention to do so. In such event, you will be entitled to terminate this Agreement upon 14 days’ written notice. In such circumstances, this Agreement shall be deemed terminated at the next Billing Date following expiry of the 14 day notice period. For the avoidance of doubt your continued use of the Goods and Services shall be taken as acceptance of such changes to the Subscription Fee, Billing Date and/or Billing Period.
10.8 Where you have agreed to access the Services on behalf of another person, you shall remain responsible hereunder for the Fees and the other obligations under this Agreement, as if you are the person receiving the Services.
- DELIVERY OF GOODS
11.1 We will deliver your Goods to the Delivery Location specified by you when you placed your Order. All Goods will be delivered using a tracked and signed for service.
11.2 If no one is available to take delivery, we will post an attempted delivery notification through your letterbox with information on how to re-arrange delivery. We shall have no liability for any failure or delay in delivering an Order to the extent that any failure or delay is caused by your failure to comply with your obligations under these Terms.
11.3 Please examine the Goods as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible.
11.4 Once your Order has been delivered to the Delivery Location or in accordance with the delivery instructions you provided to us, the risk in the Goods passes to you and the Goods are classed as having been ‘delivered’. This means that you are responsible for the Goods and we are not liable to you if the Goods are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the Goods are faulty or misdescribed. Ownership of the Goods passes to you once you have paid for them in full.
- DELIVERY DATES AND COSTS
12.1 For information on delivery options and costs, go to https://.averio.co.uk/delivery. You will be given available delivery options to choose from when you place your Order. We do not currently deliver to any address outside of the UK mainland.
12.2 Your Goods will be delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order. We will deliver your Order within 30 days of the Order Confirmation Email unless otherwise agreed between you and us. Any delivery dates stated during the order process, or in your order acknowledgment or Order Confirmation Email, are estimates, unless we have agreed a specific delivery date with you.
12.3 We will do all that we reasonably can to deliver your Order within the delivery period or on the delivery date agreed with you. If your delivery is delayed, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
- INSTALLATION/SETUP OF YOUR GOODS
13.1 You are responsible for the installation/setup of the Goods in accordance with the installation instructions provided by us and its provisions unless agreed otherwise in writing.
13.2 If you require us to install any Goods, you must notify us within 7 days of receiving the Goods that (i) you have received the Goods; (ii) you require us to install the Goods; and (iii) the Service Users premises are ready and fit for installation. We shall be entitled to charge you the costs in respect of carrying out the installation work.
- YOUR RIGHT TO CANCEL
14.1 If you simply wish to change your mind, you can withdraw your Order by telling us before the Goods are shipped to you, without giving us a reason and without incurring any liability.
14.2 This is a Distance Contract which has certain cancellation rights, as set out below.
14.3 Except in the circumstances listed in clause 14.4, you have the right to change your mind and cancel your Order as follows:
- in respect of Orders for Goods, you have 14 days from the delivery date to cancel your Order; and
- in respect of Orders for Services you have 14 days from the date of your Order Confirmation Email to cancel your Order.
14.4 You do not have the right to cancel orders for perishable, bespoke or personalised goods. You also lose your right to cancel in the following circumstances:
(a) if you remove or break a protective or hygiene seal attached to any Goods;
(b) if you requested for us to start providing the Services during the 14-day cancellation period and the Services are fully performed during this period; or
- once you start to download any digital content
14.5 We will not provide any Services during the 14-day cancellation period unless you request for us to do so by ticking the relevant box when you place your Order. We are under no obligation to accept your request.
14.6 To cancel your Order, please email us at vie@averio.co.uk. To help us process your cancellation more quickly, please have your Order number ready or include it in the email or cancellation form you send to us.
- RETURNING YOUR GOODS IF YOU CANCEL YOUR ORDER
15.1 If you cancel an Order for Goods and you have already received your Order, you must return the Goods to us within 14 days of telling us that you want to cancel your Order. The deadline is met if you send the Goods back to us before the 14-day period has expired.
15.2 We strongly recommend that you obtain proof of postage. We may withhold the refund until we have received the Goods back from you or until you have provided us with evidence that you have sent the Goods back (whichever is earlier).
15.3 Goods must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. You are responsible for the Goods while they are in your possession.
15.4 Unless the Goods are faulty or misdescribed, you are responsible for the cost of returning the Goods to us.
- REFUNDS IF YOU CANCEL YOUR ORDER
16.1 If you exercise your right to cancel under clause 14, we will provide you with a refund as soon as possible.
16.2 If you cancel an order for Goods and have already received Goods, we will issue the refund no later than 14 days after the day we receive the Goods back from you or, if earlier, you provide us with evidence that you have sent the goods back. Otherwise, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel.
16.3 Your refund will be subject to the following deductions:
- if you chose a delivery option that is more expensive than the cost of standard delivery, we will only refund the cost of standard delivery;
- if you handled the Goods in a way beyond what might reasonably be permitted in a shop and this resulted in a loss in value of the Goods, we may make a deduction from the refund for such loss in value; and
- if Services have been provided during the 14-day cancellation period at your request, we will make deductions from any refund due to you for the Services we provided up to the time that you told us that you want to cancel.
16.4 We will issue your refund to the same payment method you used when you placed your Order.
16.5 If the right to cancel does not apply because of one of the circumstances listed in clause 14.4, you will not be entitled to a refund unless the Goods or Services are faulty. See clause 17 below.
- QUALITY OF GOODS AND SERVICES
17.1 We warrant that on delivery, and for a period of 12 months from the date of delivery (Warranty Period), the Goods shall conform with their description, be free from material defects in design, material and workmanship and be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). Any Services that we provide to you must be provided with reasonable care and skill.
17.2 If we provide installation services for Goods you have purchased from us, the Goods must be installed correctly. If the installation service is not carried out with reasonable care and skill, you can ask us to repeat the service or to fix it.
17.3 Subject to clause 17.5, if (a) you give us notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 17.1, (b) we are given a reasonable opportunity of examining such Goods; and (c) if asked to do so by us, return such Goods to our place of business at your cost, we shall at our option repair or replace the defective Goods, or refund the price of the defective Goods in full.
17.4
We shall not be liable for the Goods’ failure to comply with the warranty set out in clause 17.1 if:
- you make any further use of such Goods after giving notice in accordance with clause 17.3;
- the defect arises because you have failed to follow our oral or written instructions as to the installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice regarding the same;
- you alter or repair the Goods without our written consent;
- the defect arises as a result of fair wear and tear, wilful damage, water damage, negligence, or abnormal working conditions.
- We provide no warranties in relation to:
- the suitability of the Services for any particular purpose;
- the functionality of the Software (including, for the avoidance of doubt, the AVERio portal and the App) underlying the provision of the Services; or
- the functionality of any third-party software, components or hardware used for the provision of the Services including without limitation any provision of broadband, computer clouds or mobile phone systems and computer or mobile phone networks.
- This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 14. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.ukor call 0808 223 1133.
- If there is a problem with any Goods or Services you have purchased from us, please contact us as soon as reasonably possible.
- EVENTS BEYOND OUR CONTROL
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
- DURATION, TERMINATION AND SUSPENSION
19.1 Either you or we may terminate this Agreement at any time by written notice of termination to the other if that other:
- commits any material breach of any term of this Agreement and, in the case of a material breach capable of remedy, fails to remedy the same within 14 days of a written notice from the other giving particulars of the breach requiring it to be remedied; or
- is subject to any step towards its bankruptcy or liquidation.
19.2 Without limiting our other rights or remedies, we may terminate this Agreement with immediate effect by giving written notice to you in accordance with clause 19.1 and if:
(a) you fail to pay any Fees by the due date for payment;
(b) you are in breach of your obligations under clauses 8 and 9 and fail to remedy such breach (where capable of remedy) within 14 days of being notified by us to do so or an event beyond our control prevents us from providing the services for more than 30 days;
(c) if we discontinue the App and/or the Services; or
(d) if we lose the right to provide the App and/or the Services or the provision of it becomes unlawful in any way.
19.3 AVERio shall be entitled to suspend access to the Services if you are in breach of any of your obligations under clause 8 and 9 and fail to remedy such breach (where capable of remedy) within 10 days of being notified by AVERio to do so. This clause shall not be construed in any way as limiting the termination rights of AVERio.
19.4 Unless your Service is terminated in accordance with clauses 19.1 – 19.2, your subscription to the Service will renew for a Billing Period equivalent in length to the then-expiring Billing Period. The Subscription Fee for any subsequent Billing Period will be as agreed subject to any variation in the Subscription Fee made in accordance with clause 10.7.
19.5 Upon termination or expiry of this Agreement for any reason:
(a) you must at your own cost, dispose of the Goods or alternatively, if agreed with us in writing or over the phone, return the Goods to us at the correct address, as detailed on our Website;
(b) the licence to use the Services and thereby granted to you in respect of the Service by AVERio shall be revoked with immediate effect; and
(c) you shall immediately pay all Fees outstanding under these Terms to AVERio within 14 days.
19.6 In the event the Service User dies during the term of this Agreement, you must inform us. Any request to terminate the Agreement without having to pay additional Fees will be considered by us in our sole and absolute discretion.
19.7 On termination or expiry of this Agreement for any reason, any of each of your and our respective remaining rights and liabilities will not be affected.
- LIMITATION OF LIABILITY
20.1 References to liability in this clause 20 (Limitation of Liability) apply to every liability arising under or in connection with this Agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
20.2 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
20.3 As you are making this Agreement as a Consumer (and therefore we understand that you are not buying the Goods or using the Services wholly or mainly for your business, trade, craft or profession), we are not liable for any lost data, loss of profit, loss of business, business interruption, or loss of business opportunity.
20.4 Subject to clauses 17 and 20.1, we shall not be held liable for the failure or any damage to the Goods once they are in your possession.
20.5 Subject to clause 20.1 we shall not be held liable if the person or service contacted must gain forced entry to your property.
20.6 Subject to clause 20.1, our total liability to you shall not exceed the Subscription Fees paid by you during the Billing Period immediately prior to the event giving rise to the claim.
20.7 Subject to clause 20.1 and in accordance with clauses 5.2 and 5.3 we do not accept liability for any cost, damage expense or loss suffered by you as a consequence of you failing to call the emergency services or because the Services are unavailable due to no network service. The use of the Goods and Services does not remove your obligation to call the emergency services in the first instance if (i) you require immediate assistance in person; (ii) there is any delay or failure of the Services trigging an alert; or (iii) there is a mobile network outage.
20.8 Subject to clause 20.1 we shall not be liable for any losses, damage, costs or expenses arising from:
(a) any failure by you to observe and perform your obligations under this Agreement;
(b) access or use of the Services other than in accordance with our reasonable instructions;
(c) impairment of the performance of the Services due to events beyond our control (including the availability or degradation of the speed of the internet or the communications links provided to us by third parties);
(d) problems caused by any software, hardware, capacity, security, performance or other issues within our Services or by any third party software, services or hardware not forming part of the Services;
(e) we accept no responsibility for any loss, injury or damage caused directly or indirectly by (i) a repair, adjustment or alteration carried out to the Goods by any one without our consent; (iii) maintenance or repair of our Goods contrary to the instructions we supply and; (iii) if you use any equipment in conjunction with our Services that is not supplied or manufactured by us;
(f) the loss of any material or data uploaded onto the Service and the servers used to provide the Services;
(g) any technical problems including errors or interruptions of the Services which are outside our control; or
(h) any failure by third party software or hardware including platforms, computer cloud or kit.
20.9 Unless otherwise required by any applicable law we provide the App and the Services on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the App and the Services and assume any risks associated with your exercise of permissions under these Terms.
20.10 The provision of the App and the Services may not be uninterrupted or error free. Also, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. You acknowledge that the App and the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
20.11 Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you might have as a Consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a Consumer including legal rights (relating to faulty and/or misdescribed goods or we fail to provide the Services with reasonable care and skill).
- YOUR INFORMATION
21.1 You shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
21.2 AVERio shall follow its archiving procedures for Customer Data. In the event of any loss or damage to Customer Data, your sole and exclusive remedy shall be for AVERio to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by AVERio. AVERio shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by AVERio to perform services related to Customer Data maintenance and back-up).
21.3 Any personal data that you provide to us will be dealt with in line with our Privacy Policy available here: https://.averio.co.uk/privacy/, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
21.4 If AVERio processes any personal data on your behalf when performing its obligations under this Agreement, the parties record their intention that the Customer shall be the data controller and AVERio shall be a data processor and in any such case:
(a) you acknowledge and agree that the personal data may be transferred or stored outside the UK in order to carry out the Services and AVERio’s other obligations under this Agreement;
(b) you shall ensure that you are entitled to transfer the relevant personal data to AVERio so that AVERio may lawfully use, process and transfer the personal data in accordance with this Agreement on your behalf;
(c) you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; and
(d) each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
21.5 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App or the Service; any transmission is at your own risk.
- INTELLECTUAL PROPERY RIGHTS
All Intellectual Property Rights in the Goods and Services, including without limitation the App and the Documentation and throughout the world belong to us and/or our licensors and the rights in the Services and the App are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the Services, the App, or the Documentation other than the right to use them in accordance with these Terms.
- NO THIRD PARTY RIGHTS
No one other than us or you has any right to enforce any of these terms.
- TRANSFER OF RIGHTS
24.1 We may transfer our rights hereunder to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
24.2 You are not allowed to transfer your rights under these Terms to anyone without our prior written consent.
- COMPLAINTS
25.1 If you are unhappy with us or the Goods and Services we have provided to you, please contact us at complaints@averio.co.uk.
- GOVERNING LAW AND JURISDICTION
26.1 The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
26.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
