The Tended Protect and Tended emergency services requires that;
- the Tended Product will be kept charged and be worn;
- requires an Android or IoS mobile phone which is active, has geolocation built-in and active and is connected to a mobile network or Wi-Fi network for data;
- Requires that the Tended app has been downloaded to the mobile phone, set up and Emergency Contacts added;
- the Emergency Contacts respond to a notification sent to them.
The Tended Protect and Tended emergency service is designed and tested only for use in the United Kingdom. If you choose to use the Tended Product outside the United Kingdom you will need to ensure that it is compliant with local law and that you have the required data connection.
The Tended Protect and Tended emergency service is not a medical device or a professional care product. Its operation is dependent upon a number of factors detailed above the failure of any one of which will render the device ineffective. The Tended Product is not an alternative to taking normal safety precautions. The Tended Protect Service relies upon automated processing to detect events that should trigger an alert.
Tended will not monitor the activity log or any notifications, so Tended will not know if you require assistance. It is up to you what action you take in response to any update or notification of a system failure of your Tended Protect or the Tended emergency service.
Remember that the automated decision making generated notifications are just that something has been detected which seems to be different to what happens normally and are not necessarily an indication that anything bad or untoward has happened, but it is up to your Emergency Contacts as to what they do when they receive a notification.
Tended will not make call outs or dispatch emergency services to your location in the event of any abnormal or unexpected activity being detected or in an emergency.
1. Terms & Conditions
1.1 These are the legal terms and conditions ("Terms & Conditions") that govern the supply by us and the purchase and use by you of:
1.2 Together, the Tended Protect Device, Tended Services, App, Site and Content are referred to as the "Tended Protect Materials" in these Terms & Conditions.
1.3 Please read these Terms & Conditions carefully before activating your account and using any of the Tended Protect Materials. These Terms & Conditions tell you who we are, how we will provide the Tended Protect Device to you, how you and we may change or end the supply of services by us, what to do if there is a problem and other important information.
1.4 If you do not agree with any provision of these Terms & Conditions, you should immediately stop using the Tended Protect Materials.
1.6 Any references to "you" and "your" means you, the user of any part of the Tended Protect Materials. Any references to "Events Beyond Our Control" means any cause beyond our reasonable control which prevents us from providing the Tended Protect Materials or fulfilling any of our other obligations under these Terms & Conditions and includes but is not limited to fire, lightening, flood, storm, tornado, earthquake, hurricane, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
2. Our Details
2.1 In these Terms & Conditions, "Tended", "we", "us" or "our" means Tended Limited which is a company registered in England and Wales with company no: 10732693 with its registered address at Boole Technology Centre, Beevor Street, Lincoln, Lincolnshire, England, LN6 7DJ. Our registered VAT number is GB298650549. If you have any questions or concerns you may contact us at firstname.lastname@example.org.
3. International use
3.1 Although the Site, Content and App is accessible worldwide, the Tended Protect Materials are designed and tested only for use in the United Kingdom. If you choose to use the Tended Protect Materials outside the United Kingdom, you do so at your own risk, and you are solely responsible for complying with applicable local laws in that country. To the extent permissible by law, Tended accepts no responsibility or liability for any damage or loss caused by your use of the Tended Protect Materials outside the United Kingdom.
4. Your use of the Tended Protect Materials
4.1 The Tended Protect Materials are intended to provide accident notifications to you and your emergency contacts in accordance with these Terms & Conditions. The accuracy of the data collected and presented through the Tended Protect Device is not intended to match that of medical devices, scientific measurement devices or professional care products. Tended shall not be responsible to you for the accuracy, reliability, availability, effectiveness or correct use of information received through the Tended Protect Materials.
4.2 Your use of the Tended Protect Materials should not replace or act as a substitute for good health and safety practice and precautions. You are responsible for any decisions or actions taken by you on the basis of information provided on or via the Tended Protect Materials. Tended does not accept responsibility for any action or omission taken by you or your emergency contacts as a result of using the Tended Protect Materials or on the basis of any information provided to you by the Tended Protect Materials.
4.3 Tended will not monitor the activity log or any notifications generated by your Tended Protect Device and Tended will not know if you require assistance. Tended will not provide or dispatch emergency services or medical assistance or determine whether emergency medical assistance may be needed in the event of any abnormal or unexpected activity being detected through your use of the Tended Protect Materials or in an emergency.
4.4 Remember that the notifications generated by your Tended Protect Device will inform you or your emergency contacts that something has been detected which seems to be different to what happens normally. The notifications do not necessarily indicate that anything bad or untoward has happened to you. It is up to you and your emergency contacts to decide what action should be taken in response to any notification or update sent from your Tended Protect Device or the Tended Service.
4.5 The full functionality of the Tended Protect Device is dependent upon a number of factors (as detailed in section 9) and the failure of any one of which may mean that the Tended Protect Device is ineffective.
4.6 We use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention. We do not make any representation or give any warranty (whether express or implied) that the Content will be free from errors or omissions or in respect of the Tended Protect Materials or their functionality and capability, other than as required by law (for example, as a consumer you have the right to receive goods which are of satisfactory quality) and as set out in section 8.
4.7 Tended will be able to assist with technical queries only relating to the Tended Protect Materials.
5. Using and accessing the Tended Protect Materials
5.1 In order to use the Tended Protect Materials you agree that you:
- are 16 years old or more, if you are a resident of the United Kingdom, or at least the minimum age required to use the Tended Protect Materials which may apply in other countries outside of the United Kingdom. Persons under the age of 18 who are resident in the United Kingdom, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Tended Protect Materials unless their parent or guardian has consented in accordance with applicable law;
- have an account registered with an App Store Provider;
- have an account registered with Tended which includes details of your emergency contacts. When creating a user account you must provide true and accurate information about yourself, update such information as necessary, and follow laws and regulations that apply to you. You must also ask for permission from the emergency contacts you provide to be named as emergency contacts under your account;
- acknowledge that the full functionality of the Tended Protect Materials requires an active mobile device which:
- operates using the Android or iOS operating systems
- is appropriately charged at all times when using the Tended Protect Device;
- has the App properly configured, installed and downloaded onto it;
- the App has been given access to the required functionality on the mobile device;
- has a geolocation functionality built in and activated; and
- is connected to a working data connection or Wi-Fi network connection;
- will use the Tended Protect Materials in accordance with all applicable instructions and/or user manuals and guidelines supplied by Tended;
- will use the Tended Protect Materials in accordance with all applicable laws and regulations; and
- acknowledge that the Tended Protect Materials’ functionality may be reduced if your Tended Protect Device is submerged in water or exposed to:
- direct sunlight;
- extremely low or high temperatures (e.g. below 0⁰C or above 50⁰C);
- extreme elevation (e.g. above 3000 meters); or
- humid conditions (e.g. above 90% humidity).
6. Terms applicable to the App
6.1 Your download of the App is subject to the terms of service of the applicable App Store Provider. The App is free to download and use.
6.2 If any of the information provided in respect of the account you hold with the App Store Provider is untrue, not current or incomplete, we or they may suspend or terminate your access to the App, Tended Services and Content.
6.3 You are responsible for keeping any passwords and other account details secret. You will be responsible for all activity that occurs under your account by another person, including where you fail to take reasonable measures to keep your account details secret. You agree to notify us immediately if you know of any unauthorised use of your account or any other breach of security. These security measures are important and we do not accept any responsibility for inconvenience, loss or damage you suffer as a result of your failure to comply with them.
7. Your license to use the Tended Protect Materials
7.1 Tended grants to you a limited and non-exclusive licence to access and use the Tended Protect Materials for your personal and non-commercial purposes subject to and in accordance with these Terms & Conditions.
8. Restrictions on use of the Tended Protect Materials
8.1 You agree that in using the Tended Protect Materials you will not:
- use the Tended Protect Materials for any purpose other than your own personal and private use;
- use or access the Tended Protect Materials in order to build a similar or competitive device or service;
- use any portion of the Tended Services, or App on any device or computer other than the Tended Protect Device or as provided under the user instructions or these Terms & Conditions;
- access (or attempt to access) any of the Tended Protect Materials by means other than through the App;
- upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter the Tended Protect Materials;
- penetrate or attempt to penetrate the Tended Protect Materials security measures, including by interfering with, disrupting or attempting to gain unauthorised access to, the servers or networks connected to the Tended Service or violating the regulations, policies, or procedures of such servers or networks;
- circumvent or attempt to circumvent any restrictions on the Content accessible by you;
- decompile, reverse engineer, unencrypt or disassemble the App or any other software or hardware contained in the Tended Protect Device or Tended Services;
- copy, archive, reproduce, republish, transmit, edit, modify, create derivative works of, communicate to the public or otherwise distribute in any way the Content;
- remove or alter any trademark, logo, copyright or other proprietary notice in the App or which is contained or displayed in connection with the Tended Service;
- release the results of any performance or functional evaluation of any of the Tended Protect Materials to any third party without the prior written approval of Tended for each such release; and
- act in a way that violates or infringes the rights of anyone else, for example other people's copyright or right to privacy.
9. Intellectual Property Rights
9.1 The Tended Protect Materials and all other material and information provided by us or any third party via or as part of the Tended Protect Materials (including, without limitation, photographs, logos, graphics, animations and text) (the "Materials") are owned by Tended and its licensors and are protected by intellectual property rights including, but not limited to, copyright, designs, trade marks and trade secrets. Tended and its licensors reserve all rights in and to the Tended Protect Materials which are not expressly granted to you in these Terms & Conditions. Nothing in these Terms & Conditions, or your use of the Tended Protect Materials, gives you any rights of ownership in the Materials and you may only use the Materials in accordance with these Terms & Conditions.
9.2 If you submit any comments, suggestions or feedback to Tended on the Tended Protect Materials, you agree that Tended may (without obligation) use, copy, modify, publish, redistribute, or otherwise use your comments, submission or feedback for any purpose and in any way without any compensation to you. Tended does not waive any rights to use similar or related ideas previously known to Tended, developed by its employees or obtained from other sources.
10. Our rights to suspend and terminate
10.1 We may end our contract with you if you commit and continue to commit a serious breach of these Terms & Conditions for 21 days or more after notice by us, we shall be able to treat our contract with you as repudiated and may terminate our contract with you by notice in writing to you. We may also end our contract with you if we write to you to let you know that we are going to stop providing any of the Tended Protect Materials, within 6 months notice. Upon termination by Tended of these Terms & Conditions, the licence we grant you under section 11 will also terminate and you must stop all use of the Tended Protect Materials.
10.2 We do not promise that the Tended Service, App or Content will be available on an uninterrupted basis or in a fully operating condition. Access to the App and Content and the supply of the Tended Services may be suspended temporarily in the case of system failure, maintenance or repair or due to Events Beyond Our Control. We will contact you in advance to tell you if we will be suspending the supply of the Tended Services, access to the App or Content, unless the problem is urgent or an emergency.
11. Third Parties
11.1 You acknowledge that Tended uses third party service providers to enable some aspects of the Tended Services – such as, [for example, data storage, synchronisation, and communication through Amazon Web Services, and mobile device notifications through mobile operating system vendors and mobile carriers]. These third party services are beyond Tended's control, but their operation may affect, or be impacted by, the use and reliability of the Tended Services.
12.1 You must compensate us if you break these Terms & Conditions, including in respect of losses we suffer by virtue of someone else bringing a claim against us in respect of such breach.
13. Our Responsibilities
13.1 Nothing in these Terms & Conditions shall exclude or limit our liability that cannot be excluded under applicable law. This includes liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, or the negligence of our employees or agents. You have certain rights under the law and certain legal remedies if we breach any of these rights which may apply, notwithstanding these Terms & Conditions. Nothing in these Terms & Conditions is intended to affect these legal rights or remedies.
13.2 If we breach these Terms, we will only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the fees actually paid by you to Tended for the Tended Protect Device.
13.3 If the Content we supply through the App or Site causes damage to your device or to other digital content on that device and the damage is of a kind that would not have occurred if we had exercised reasonable skill and care in supplying the content, you are entitled to certain remedies. Our liability in respect of this shall be limited to £300.
13.4 We will not be liable to you for:
- losses not caused by our breach of these Terms & Conditions;
- indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of you accepting these Terms & Conditions;
- your failure to comply with these Terms & Conditions or your failure to follow any user guidelines for the Tended Protect Materials; or
- your use of the Tended Protect Materials in any commercial, business or re-sale purpose as we only supply the Tended Protect Materials under these Terms & Conditions for domestic and private use.
14. Notifications and Communication
15. Changes to these Terms & Conditions
15.1 We may make minor changes to the Tended Protect Materials to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. Tended may, or may require you to, make necessary updates to use the Tended Services, App and Content from time to time, to reflect changes in the law or in order to apply patches, bug fixes, updates, upgrades and other modifications to improve or update the performance of the Tended Services, App and Content. These updates are provided on the basis that that the Tended Protect Materials shall always match the description Tended provided to you before purchase. If you do not want such updates, you may stop using the Tended Services, App and Content. If you do not cease using the Tended Services, App and Content, you may receive updates automatically. Any future release, update or other addition to the functionality of the Tended Services, App and Content shall be subject to these Terms & Conditions.
15.2 We may make more significant changes to the Tended Protect Device and these Terms & Conditions, which we will notify you about. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
15.3 We recommend that you check these Terms & Conditions from time to time to see if they have changed. We state at the bottom of these Terms & Conditions the date on which they were last updated.
15.4 If you continue to use any part of the Tended Protect Materials after our Terms & Conditions change, you will be bound by those changes with effect from the date of the change. However, your purchase of the Tended Protect Device (including your rights under sections 8 and 16) shall continue to be governed by the version of the Terms & Conditions that applied on the date of purchase.
16.1 If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, the rest of these Terms & Conditions will remain in full force and effect.
17.1 The obligations in sections 1, 6, 7, 9, 11, 12, 13, 17, 18 to 26 will survive any expiration or termination of these Terms & Conditions.
18.1 If we do not insist immediately that you do anything you are required to do under these Terms & Conditions, or if we delay in taking steps against you in respect of your breaking these Terms & Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
19. Transfer of these Terms & Conditions
19.1 We may transfer our rights and obligations under these Terms & Conditions to another organisation. We will contact you to let you know if this happens and we will ensure that the transfer will not affect your rights under these Terms & Conditions. You may only transfer your rights or your obligations under these Terms & Conditions to another person if we agree to this in writing.
20. Rights under these Terms & Conditions
20.1 These Terms & Conditions are between you and us. No other person shall have any rights to enforce any of their terms, except as explained in section 8 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms & Conditions.
21. Governing Law and Jurisdiction
21.1 We shall do our best to resolve any disputes between us. Any disputes shall be subject to the laws of England and Wales.
21.2 These terms are governed by English law and you can bring legal proceedings in respect of the Tended Protect Materials in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Tended Protect Materials in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Tended Protect Materials in either the Northern Irish or the English courts. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Last updated: 20th August 2019