Tunstall Healthcare (UK) Limited

Private Customers Terms and Conditions If you have difficulty reading these terms and conditions, they can be provided in a more easily readable format by emailing hello@tunstall.com. These Terms apply to any contract between us for the supply of Services to you (Contract). Please read them carefully before ordering any Services. Where these Terms refer to “you” or “your”, this means you and any person for whose use you have ordered the Services. Even if you are not the user of the Services, you remain responsible for compliance with these Terms and for payment of all charges due under the Contract. These Terms, and any Contract between us, are in the English language only. ⸻ Information about us We are Tunstall Healthcare (UK) Limited, registered in England and Wales under company number 1332249. Registered office and main trading address: Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR VAT number: 182879709 Customer contact details: Email: hello@tunstall.com Telephone: 0330 123 3303 (Monday to Friday, 9:00 am to 5:00 pm, excluding public holidays) ⸻ Equipment The Services are provided on a subscription-only basis. To receive the Services, we will provide you with the equipment required to receive those Services (Equipment), unless we agree otherwise with you in writing. The Equipment is provided as part of the subscription and is not sold to you. Legal and beneficial ownership of the Equipment remains with us at all times. Nothing in these Terms transfers ownership of the Equipment to you. We grant you a limited, non-exclusive, non-transferable right to possess and use the Equipment solely for the purpose of receiving the Services during the period in which the Services are provided and in accordance with these Terms. The Equipment contains embedded software. All intellectual property rights in that software are owned by us or our licensors. We grant you a licence to use the software solely for the purpose of receiving the Services during the term of the Contract. Except as permitted by law, you must not copy, adapt, reverse engineer, decompile, disassemble or modify the software. You must: • keep the Equipment safe and in good condition, allowing for fair wear and tear • use the Equipment only in accordance with our instructions • not sell, lend, rent, charge, pledge or otherwise part with possession or control of the Equipment • not allow any third party to interfere with or modify the Equipment Safekeeping of the Equipment is your responsibility while it is in your possession. You are responsible for any loss of or damage to the Equipment beyond fair wear and tear. ⸻ End of Services and return of Equipment When the Services end for any reason, including cancellation or termination of the Contract, your right to use and possess the Equipment ends immediately. You must return the Equipment to us promptly and in any event within 14 days of the Services ending, in accordance with our reasonable instructions. Unless we agree otherwise, you are responsible for securely packaging and returning the Equipment. If the Equipment is not returned within 14 days, or is returned damaged beyond fair wear and tear, we may charge you the reasonable cost of repair or replacement. Where the Equipment is not returned within 14 days of the Services ending, we will charge a non-return fee of £85 plus VAT, representing a genuine pre-estimate of the cost of replacement and administration. This charge does not affect your statutory consumer rights. ⸻ Our Services To receive the Services, you must have the required communications connection specified by us. It is your responsibility to maintain that connection. We are not responsible for interruptions caused by failure of that connection. ⸻ Monitoring We provide a monitoring service to receive and respond to alarm calls made using the Equipment. We act solely as your agent when notifying emergency contacts or emergency services and accept no liability for the actions or omissions of any third party. You must not abuse the Monitoring Service or make persistent alarm calls without reasonable cause. You must keep all personal, medical and emergency contact information accurate and up to date. ⸻ Service interruption and repairs If the Services are interrupted due to a fault with the Equipment, you must allow us reasonable access to carry out repairs or replacement. You must notify us promptly of any fault. You must not allow anyone other than our employees or authorised agents to repair or interfere with the Equipment. We may charge for repairs where damage is caused by misuse, negligence, unauthorised interference or use of non-approved accessories. ⸻ Personal information We process your personal data in accordance with our Privacy Policy, available at tunstall365.co.uk, and only to provide the Services, including monitoring and emergency response. We cannot provide the Services without processing personal data. By entering into the Contract, you consent to such processing in accordance with applicable data protection law. ⸻ Consumer rights These Terms apply only to consumers. Under the Consumer Rights Act 2015, we must provide Services with reasonable care and skill and within a reasonable time. Nothing in these Terms limits or excludes your statutory rights. ⸻ Formation of the Contract You place an order for the Services by completing an Order Form and submitting your payment details. Your order constitutes an offer to enter into a contract for the Services. The Contract is formed when we first successfully process payment for the Services, or when we begin providing the Services to you, whichever occurs first. If we are unable to accept your order, any payment taken will be refunded. ⸻ Right to cancel You have the right to cancel the Contract within 14 days from the date the Contract is formed under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To cancel, you may notify us by: • emailing hello@tunstall.com • telephoning 0330 123 3303 • writing to 365 Assist Customer Service, Tunstall Healthcare (UK) Limited, Whitley Lodge, Whitley Bridge, Yorkshire DN14 0HR If you cancel within this period, you will receive a refund of charges paid, subject to return of the Equipment in accordance with these Terms. ⸻ Charges and payment Charges are payable monthly by Direct Debit. You must not cancel the Direct Debit until the Contract has been properly terminated. If you do so, you remain liable for charges until termination takes effect. ⸻ Liability We are responsible for foreseeable loss or damage caused by our breach of these Terms or negligence. We do not exclude liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law. The Services and Equipment are for domestic and private use only. ⸻ Events outside our control We are not liable for failure or delay caused by events beyond our reasonable control, including network failures or third-party service outages. ⸻ Termination of Services We may terminate the Services if: • payment is not made • the Services are abused • you breach these Terms • access for repairs is unreasonably denied Either party may terminate the Contract by giving two months’ written notice. On termination, obligations relating to outstanding charges and return of Equipment continue to apply. ⸻ Communications and calls When these Terms refer to communications “in writing”, this includes email. We may record telephone calls between us for training, quality and security purposes, in line with industry guidance. For system security reasons, we may use non-geographic telephone numbers. Your telephone provider may charge for calls to these numbers. ⸻ No international provision The Services are provided only to addresses within the United Kingdom. Orders may be placed from outside the UK only where the Services are to be provided at a UK address. ⸻ Other important terms We may transfer our rights and obligations under the Contract. You may not transfer yours without our written consent. Each clause operates separately. If any clause is found to be unenforceable, the remaining clauses remain in full force and effect. This Contract is governed by the laws of England and Wales.