| Please read the following terms
and conditions very carefully. Your access to and use of this
website (the "Website") and the Family Safe Plus
service as described herein, on the Website and Family Safe
Plus leaflets (the "Service") is subject exclusively
and strictly to these Terms and Conditions. By accessing the
Website and/or registering for the Service, you agree to be
bound by the following terms.
1. Parties
1.1 These Terms and Conditions cover the supply of
the Service by Family Safe Plus which is owned and run by
Community Alerts Ltd of Bridge House, Bridge Road Business
Park, Haywards Heath, West Sussex, RH16 1TX ("Us"/"We"/"Our")
to You as the customer and/or user of the Service and of the
Website ("You"/"Your").
2. Definitions
2.1 Unless the context otherwise requires:
2.1.1 "Family ID" means the unique identification
number given to You on registration and against which Personal
Data about You and Your family is stored in accordance with
these Terms and Conditions and Privacy Policy;
2.1.2 "Personal Data" has the meaning as set out
in the Privacy Policy;
2.1.3 "Registration Fee" means the fee for the
Service as set out in section 4;
2.1.4 "Registered User" means You, where You have
submitted a registration to receive the Service;
2.2 Unless otherwise specified, words importing the singular
include the plural, words importing any gender include every
gender and words importing persons include bodies corporate
and unincorporated; and (in each case) vice versa.
3. Responsibilities
3.1 Our Responsibilities Where You are a Registered
User
3.1.1 We will store the Personal Data and other information
that You register against Your Family ID for use in the event
that a Service operator is contacted regarding a missing family
member or property You have registered or such family member
or property is found.
3.1.2 In such event, (during normal business hours) and in
accordance with Our Privacy Policy, We will act as a facilitator
to pass on Personal Data and other relevant information that
may be provided to Us at the time. We do not intervene in,
nor do We have any participation in any search process, other
than forwarding this information, and dealing with queries
from relevant authorities. We are not responsible for any
searches, investigations or other follow up action taken in
order to locate You or Your family member or property or the
use of Personal Data or other information by those to whom
it is disclosed.
3.1.3 We will not be responsible for informing the authorities
(including the police or health services) or other persons
in the event that Your family member or property goes missing.
Our role is purely to facilitate the added circulation of
information within the relevant area and does not remove the
need for You to follow normal procedures in notifying Your
family, acquaintances and the police, in the event that Your
family member or property goes missing.
3.2 As a Registered User, You:
3.2.1 Agree to the use of the information and Personal Data
(including sensitive Personal Data) by us in accordance with
these Terms and Conditions and Our Privacy Policy.
3.2.2 Agree that the Service may only be activated and Personal
Data disclosed where Your Family ID is quoted and the relevant
security questions have been answered correctly. 3.2.3 Make
and agree to the warranties set out in Clause 6 below.
3.2.4 Acknowledge that You will still have responsibility
for informing the police, health services and other relevant
persons and authorities in addition to a Service Operator
as You deem appropriate at Your discretion.
4. Prices and Payments
4.1 You will be charged the Registration Fee for
each calendar year that You register with the Service. Registration
costs £15 per year for the whole family, however many
children you have.
4.2 Payment can be made by cheque or by most major credit
or debit cards online through World Pay. Where you have registered
online you will be automatically recharged each year, though
you will be notified in advance and can cancel this at any
time.
4.3 We do not make any charge other than the Registration
Fee for using the Service. You confirm that the credit/debit
card that is being used is Yours. All credit/debit card holders
are subject to validation checks and authorisation by the
card issuer. If the issuer of Your card refuses to authorise
payment, We will not be liable for any delay or non-delivery
and We are not obliged to inform You of the refusal.
4.4 We are not responsible for Your card issuer or bank charging
You as a result of Our processing of Your credit/debit card
payment.
4.5 We reserve the right to charge You for any additional
services which may be requested by You from time to time.
The details of these charges will be notified to You at such
time.
5. Intellectual Property Rights
5.1 The Website and any information sent to You directly
by Us are only intended for Your own personal use only.
5.2 You may not publish, copy, re-distribute or otherwise
exploit (commercially or otherwise) any material or data received
by way of the Service or contained in the Website.
5.3 The reproduction, copying, downloading, storage, recording,
broadcasting, retransmission and distribution of the material,
or any part of the material contained on the Website is not
permitted without Our prior written consent.
5.4 You may not use Our name, trade marks or logo in any
manner without Our prior written consent.
6. Your Warranties
6.1 You warrant that You:
6.1.1 are over 18 years of age;
6.1.2 are the owner or legitimate user of any cellular phone,
which You may have registered or otherwise use to receive
the Service or any other services that You may request from
Us from time to time and that You are authorised to incur
charges on that phone;
6.1.3 will not damage, interfere with or disrupt access to
the Service or Website or do anything which may interrupt
or impair their functionality or operation; 6.1.4 will use
the information provided in the course of the Service or contained
in the Website, only in accordance with these Terms and Conditions
of Use and only for lawful purposes and in a lawful manner;
and
6.1.5 all information (including Personal Data) that You
provide to Us is true, accurate, current and complete in all
respects and that You will notify Us immediately of any changes
to such information;
6.1.6 those persons that You have registered under Your Family
ID have knowledge of the Service, and the use of their Personal
Data and consent to such use, and where You are their parent
or guardian, You consent to such use on their behalf;
6.1.7 will keep Your security clearance questions in respect
of Your Family ID confidential and will not disclose same
to anyone other than those who You are willing to activate
the Service.
6.2 You agree to fully indemnify and keep Us indemnified against
all claims, liability, damages, losses costs and expenses,
arising out of any breach of these Terms and Conditions by
You or other liabilities arising out of Your use of the Website
and/or Service.
7. Limitation of Liability
7.1 We take all reasonable efforts to ensure that
the information and material contained in Our Website is as
accurate as possible. However, the information contained on
the Website or that may otherwise be provided to You pursuant
to the Service, may be provided to Us by third parties and
are not under Our control. We do not therefore make any warranty
as to the accuracy and completeness of the information provided
through the Service.
7.2 Notwithstanding Clause 7.1 above, We provide the Service
and the Website on an "as is" and "as available"
basis without giving any warranty in relation to the Service
or the Website including (but not limited to) implied warranties
of non-infringement, security, accuracy or any implied warranty
arising from course of dealing or usage or trade.
7.3 You acknowledge and agree that, whilst We will meet these
Terms and Conditions, We do not have any involvement in any
searches or investigations made with respect to a missing
child or other family member registered under Your Family
ID and are not responsible or liable for any such investigations
or the activities or use of Personal Data by other authorities
and individuals. We will not be liable for any failure to
recover Your family member or property safely, and make no
assurances in relation to same.
7.4 You acknowledge and agree that We will activate the Service
when Your Family ID is quoted and the relevant security clearance
questions are answered correctly. We can not and do not carry
out any other additional checks to establish who is making
a request, and We will not be responsible if another member
of Your family or other person holding the relevant details,
activates the Service without Your knowledge.
7.5 Although We seek to ensure that the Website is always
available and the Service is available during normal business
hours, We cannot guarantee that Service operators will be
available or that the Website will be provided uninterrupted
at all times.
7.6 We will not be liable:
7.6.1 in contract, tort, negligence, for pre-contract or other
representations (other than fraudulent or negligent representations)
arising out of or in connection with these Terms and Conditions;
7.6.2 for any economic loss (including without limitation
loss of revenues, profits, contracts, business or anticipates
savings); or
7.6.3 for any special or indirect losses whatsoever;
7.6.4 for any defects in or durability of the materials (including
tags and pens) supplied to You as a part of the pack of information.
7.7 Nothing in these Terms and Conditions shall exclude
or limit liability for death or personal injury resulting
from Our negligence or that of Our agents or employees.
8. Term and Termination
8.1 These Terms and Conditions commence from the
moment that Your payment of the Registration Fee is authorised
- and remain in force until such time as You or We terminate
the provision of Services in accordance with this Clause 8.
8.2 You may terminate Your Registration for the Service at
any time but please note that We can not refund any Registration
Fees where You choose to do so. You may do so by closing Your
account as follows:
8.2.1 Following instructions within the web site;
8.2.2 sending an email to info@childsafezones.co.uk providing
your family identification number and two other pieces of
verification detail; or
8.2.3 writing to the address given at Clause 1.1 above.
8.3 We may suspend or terminate Your use of the Service
or Website or any part of the Service or Website immediately
and without notice where:
8.3.1 We consider that You may be in breach of these Terms
and Conditions;
8.3.2 We, in Our sole discretion consider that Your use of
the Service is excessive, have sent you notification requesting
that you reduce Your use of the Service and You nonetheless
continue such excessive use.
8.4 Without prejudice to Clause 8.3, We shall be entitled
to terminate Your use of the Service or any part of the Service
on 3 days notice to You.
9. Data Protection
9.1 Any Personal Data (including sensitive Personal
Data) that We may collect from You is processed and used by
Us or Our agents for the purpose of effecting Your Registration
and providing the Service and/or other services that We provide
to You and that You may request from Us from time to time.
9.2 Personal Data will not be used for the sending of any
marketing material by Us or on behalf of other companies,
except where You have consented to such use.
9.3 We are required by law to give You certain information
on Our data usage practices. Please see Our Privacy Policy
for details below.
10. Assignment
10.1 You are not entitled to assign any of Your rights
or obligations under these Terms and Conditions. We shall
have the right to assign or otherwise delegate all or any
of Our rights hereunder.
11. Jurisdiction and Choice of Law
11.1 These Terms and Conditions are governed by the
law of England and Wales and You and We agree to submit to
the exclusive jurisdiction of the courts of England and Wales
in the event of a dispute.
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