Terms of Service
Last modified on 31st May 2019
Thank you for accessing and using Handi Technologies websites, services, apps, devices and products (“Services“). The Services are made available to you by Handi Technologies Limited(“we“, “us” and “our“). Please read these Terms of Service carefully when visiting our website or signing up for or using our Services as you are agreeing to these Terms of Service and are entering into a legally binding agreement with us. We have done our best to explain things clearly for you in this document but if you have any questions about these Terms of Service, please let us know.
1.2 Our Services are intended for use by persons 13 years of age and over. You are required not to use our Services if you are under 13. Before using our Services you confirm to us that you (a) are 13 years of age or over and, (b) if you are between 13 and 17 years of age, you possess legal parental or guardian consent and are fully able to enter into and to comply with this Agreement.
1.3 If your use of the Services is not permitted under applicable laws, then your right to enter into this Agreement is revoked where these laws apply and you are not authorised to use the Services. We are not responsible for your access or use of the Services in a way that is not in accordance with applicable law.
1.4 If you do not agree to this Agreement you will have to immediately cease using and accessing the Services, delete the Handi SOS app (“App“) from your mobile device immediately, and return any of our Devices to us, in accordance with any Device return guidance that we may issue from time to time.
2. Handi Technologies & Handi SOS Services
2.1 Our Services are owned and operated by us and may enable you to (a) search, store, access, and view content, (b) transmit, share and distribute live emergency alerts by SMS and email notification that will include the date, time and co-ordinates (e.g. Google Map link) of the location of the notification, and/or (c) trigger the audible alarm on the Device (each, an “Activation“).
2.2 Our Services allow you to invite other people, such as friends or family, to act as your contact should there be an Activation through the Device (“Guardian“).
2.3 You may use the Handi SOS alarm device and other equipment or devices we approve for use in connection with the Services (“Device“). You may acquire the Handi SOS Device for an additional fee either from us or a third party retailer. Due to technical limitations you may only be able to use the Devices in connection with our Services, and for no other use.
2.4 You are responsible for all of your activity in connection with the Services and Devices. We only supply the Services and Devices for use in a manner that complies with all laws that apply to you.
3. Your Account and Guardians
3.1 Apart from the Handi SOS alarm functionality on the Device, which operates independently, you must download the App and create and register a user account with us before you can use the connected capability of Handi SOS and access certain features of the Services. You agree to provide true, accurate and complete information in the registration process (including a valid email address) and to keep your information up to date.
3.2 You can select unlimited Guardian contacts to act as your contact in the event there is an Activation of the Device. You must enter each Guardian’s name, mobile phone number and email address through the Service. You agree to provide true, accurate and complete information in the registration process for each Guardian and to keep their information up to date. You agree to comply with all relevant data protection legislation and obtain all relevant and required consents from each individual Guardian.
3.3 As between you and others, your user account belongs to you. You agree to try to choose a strong and secure password, keep your password secure and confidential and not transfer any part of your user account. You must immediately notify us of any unauthorised use of your user account and/or password. You are responsible for anything that happens through your account unless you close it or report misuse to us.
3.4 You may not select or use the actual name or user account ID of another person with the intent to impersonate that person or without their authorisation. We reserve the right to refuse registration of or cancel a user account or to refuse any and all current or future use of the Services if you provide any information that we believe is inaccurate, not current, or incomplete.
4. Acceptable Use
4.1 You agree to comply with all applicable laws, including, without limitation, privacy and data protection laws, intellectual property laws and other rights of any third party, tax laws, and other regulatory requirements in connection with your use of the Services and Devices. This may include applicable laws requiring you to obtain appropriate licenses, consents and permits before using the Services or Devices.
4.2 By using or accessing the Service you agree not to use the Services in a manner that:
(a) violates any law, statute, ordinance or regulation;
(b) violates the intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
(c) is unlawful, libellous, abusive, obscene, pornographic, discriminatory, harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar invasive of another’s privacy, hateful or otherwise objectionable;
(d) impersonates any person or entity;
(e) constitutes stalking or otherwise harassing another person;
(f) exploits children or we otherwise believe harms or may harm someone under 18 years of age;
(g) promotes or provides information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any illegal acts;
(h) sells/re-sells, rents, leases, loans, or trades access to the Services or Devices, any related information or data;
(i) obtains or attempts to obtain the password, account, or other security information from any user or other person;
(j) overrides any security feature of the Services or jeopardises the security of your account or someone else’s account (such as allowing someone else to log in to the Services as you);
(k) contains a virus, malware, or other harmful code;
(l) violates the security of any computer network, or compromises any passwords or security encryption codes or processes;
(m) interferes with the operation of, or places an unreasonable load on, the Services (such as viruses, denial of service attack or gaming algorithms);
(n) reverse engineers, decompile, disassemble, decipher or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services or any related technology, or any part thereof unless allowed by law;
(o) uses manual or automated software, devices or other means or processes to access, scrape or crawl the Services or any Content or information;
(p) engages in ‘framing’, ‘mirroring’, or otherwise simulating the appearance or function of the Services;
(q) removes any copyright, trademark or other proprietary rights notices contained in or on the Services or Device;
(r) modifies, creates derivative works or copies or stores any significant portion of the Services or any related technology (unless allowed by law or we expressly authorise);
(s) accesses the Services except through the interfaces and application program interfaces (APIs) provided by us, such as our website and apps;
(t) removes, covers or obscures any advertisement included on the Services;
(u) collects, uses, copies, or transfers any information obtained from us without our consent; or
(v) monitors the Services’ availability, performance or functionality for any competitive purpose.
5. Additional Activations and Payment
5.1 All registered users of the Services will get a free account by default.
5.2 We may charge you a fee in relation to certain aspects of the Services, such as if you purchase additional activations or if you avail of any Device from us (which may include additional delivery charges). You agree to pay us all fees and taxes in connection with the Services and Devices you purchase from us. We will calculate any taxes that apply based on the billing information that you provide us.
5.3 The fees in respect of the Services and Devices are described on our website or on our App.
5.4 To the extent permitted by law any fees paid for the Services and Devices are non- refundable.
6. Privacy and IP Protection
7. Intellectual Property
7.1 We and our licensors reserve all of our intellectual property rights in the Services and Device. For example, logos and other trade marks, service marks and graphics used in connection with the Services and Devices are trademarks or registered trademarks of ours and our licensors.
7.2 We need the ability to process certain content so that we can operate and improve the Services we provide to you. We therefore require you under this Agreement to grant us a license to the content that you create or generate through the Services (“User Content”). As between you and us, you own your User Content and you grant us (and those we work with) a non-exclusive, worldwide, transferable and sub- licensable right to access, process, use, copy, distribute publish and modify your User Content without any further notice, consent, or compensation to you or others. For the purposes of operating and improving our Services you agree that we retain the right to create derivative works of, reformat, extract from and translate any of your User Content. If you delete or cancel your user account with us you understand and agree that any User Content that you have shared with others may remain accessible to them, for example if they have made a separate copy of your User Content. You agree to compensate us for any loss or damage that we may incur if you submit or upload any User Content that infringes the intellectual property rights of a third party.
8. Software in the Services
8.1 The Service and Devices include software. This software may be updated automatically on your web browser or Device once a new version or feature is available. You may be able to adjust your automatic update settings on your Device’s operating system.
8.2 Any software component embodied in the Services and Device is licensed to you, and not sold. We (and our licensors) provide you with a personal, worldwide, non- assignable, non-sub-licensable, non-exclusive licence to use the software provided to you as part of the Service and Devices. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services and Devices in accordance with this Agreement. You are not allowed to copy, modify, distribute, sell or lease any part of the Services or Device or included software or reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have written permission to do so.
8.3 Some software used in our Services and Devices may be offered under an open source licence agreement (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede the terms and conditions of any applicable end user license for such Open Source Software.
9. Device Delivery, Title and Return
9.1 If you order a Device from us, the timescales for delivery and delivery charges will vary depending on the availability of the Device and your address. When you place an order for a Device we will contact you with an estimated delivery date. We will use reasonable endeavours to deliver the Device as soon as possible but occasionally our delivery to you may be affected by an event outside our control in which case we will deliver the Device once that event is finished.
9.2 Delivery of a Device shall be completed when we deliver the Device to the address you give us. You will be responsible for the Device from that time.
9.3 If you purchase a Device from us you own the Device once we have received payment in full. If you damage or lose the Device before you have paid for it in full, you will still be required to pay us the full price of the Device.
9.4 If you are eligible under applicable law to avail of a right to cancel this Agreement within 14 days (or any longer period agreed by us) without giving any reason and to receive a reimbursement of payments, you must provide us with an unequivocal statement (for example, letter sent by post, fax or e-mail) of your decision to cancel this Agreement within 14 days (or any longer period agreed by us) of receipt of your Device. The Device, any boxed accessories and items need to be returned to us in their original purchase condition, with the original packaging and other related material and accompanied by proof of purchase. The cost of returning the Device, boxed accessories and items to us shall be borne by you. To be eligible for this right to cancel, the Device must not be faulty due to damage caused to it whilst in your possession. The Device and boxed accessories and items need to be returned to us by post. We recommend that any Device you return to us under this Agreement is sent by registered post and you obtain a receipt for payment, as we may withhold any reimbursement until we have received the Devices back or you have supplied evidence of having sent back the Devices, whichever is the earliest.
10. Device Warranty
10.1 Limited Device Warranty. We warrant to you that a Device that you avail of from us under this Agreement will be materially free from defects in materials and workmanship for a 1 year period from the date of delivery of the Device. Where the Device is not in compliance with this warranty or where the Device ceases to operate in accordance with its specifications after the 1 year period, you just need to return it to us and we will replace it. This warranty only applies to a Device made available to you that you have only used in the country where it was delivered to you by us. In the event of difficulties with the Device arising due to (a) fair wear and tear; (b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) operation or use other than as described in the Device documentation; or (d) any alteration or repair by you or by a third party who is not one of our authorised repairers, then you should return it to us but we may charge you for the Device. To the extent permitted under law, our only liability and your only remedy under this warranty is for us to choose to either repair or replace the Device. This warranty does not affect your legal rights in relation to the Devices.
10.2 Exclusion. Except as described in this Section, to the extent permitted under law, in respect of the Services, Content and Devices and any software, we (and our partners that we work with to provide the Services) (a) exclude all implied warranties and representations (such as warranties of merchantability, fitness for a particular purpose, service quality and standards, accuracy of data, and non-infringement); and (b) do not promise that the Services or Devices including and software comprised in the Services and Devices will function without interruption or errors.
11.1 If we fail to comply with this Agreement, to the extent permitted under law we (and our partners that we work with to provide the Services) are not liable to you or others for any loss of profits or revenues, loss of data service interruption, loss of opportunities, or loss of reputation related to the Services or for any indirect or consequential loss or damage whether or not foreseeable and whether or not we had been advised of the possibility of such loss in advance.
11.2 To the extent permitted under law in no event shall our liability (and the liability of our partners that we work with to provide the Services) exceed, in total for all claims, an amount that is the greater of (a) the total fees paid by you for the Services and any Devices in the 12 month period immediately before your claim; and (b) £60. This limitation of liability applies to all claims of liability in contract, tort, negligence, warranty or other law, whether or not foreseeable and whether or not we had been advised of the possibility of such claims in advance.
11.3 To the extent permitted under law, the limitation of liability in Section 11.2 applies to our liability (a) for death or personal injury caused by our negligence or the negligence of our partners; and (b) for fraud or fraudulent misrepresentation. However, under this Agreement we do not exclude or limit in any way our liability which cannot be excluded or limited under applicable law.
11.4 We acknowledge that in some countries, if you are a consumer, you have legal rights in relation to Devices that are faulty or not as described or Services that are not provided with due care and skill. Nothing in this Agreement excludes any of your consumer or other statutory legal rights that cannot be waived.
11.5 Critical Uses of the Services: You acknowledge and agree that the Services, whether independently or working alongside Devices or third party devices and services, are not certified for emergency response. We make no warranty or representation that use of the Services with any Device or service from us or a third party will affect or increase any level of safety. You agree and acknowledge that these Services are not a third party monitored emergency notification system and we will not automatically contact or dispatch emergency authorities in the event of an emergency. You acknowledge that our Services are not a substitute for emergency services. All life-threatening and emergency events should be directed to the appropriate response services.
11.6 You acknowledge and agree that any Activations or alerts provided to you through our Services may be delayed or prevented by a variety of factors. We do our best to provide Activation and alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any Activation or alert. You also agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any Activation or alert; for any errors in the content of any Activation or alert; or for any actions taken or not taken by you or any third party in reliance on an Activation or alert. To the extent permitted by law, you acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
11.7 You acknowledge and agree that, to function properly as a connected device, your Handi SOS Device must be effectively paired with a qualifying smartphone (and within effective bluetooth range) that has a loaded and functioning Handi SOS App and a functioning cellular/data service, and that your Handi SOS Device and the App can only function properly in areas of availability or wireless mobile coverage.
11.8 Handi SOS Devices and App functions are also subject to transmission limitations caused by atmospheric or topographical conditions or other causes. You acknowledge and agree that Handi SOS shall have no liability whatsoever (whether in contract, tort, negligence, warranty or other law) for any failures resulting from any condition where these requirements for proper functioning are not met, or not fully met during any period of time, including but not limited to during the initiation, continuation or termination of any Handi SOS Activation or alert. You acknowledge and agree that if you rely on any Handi SOS content or the Handi SOS Services, you do so at your own risk.
12. Suspension & Termination
12.1 We may suspend or terminate with immediate effect your access to the Services (in whole or in part) or your account if we reasonably believe that you are or may be in breach of this Agreement or law, are or may be misusing the Services, or if we are investigating suspected misconduct.
12.2 We or you may terminate this Agreement at any time with notice to the other. On termination, you immediately lose the right to access or use the Services and any Content. Where reasonably possible, we will give you a chance to remove your User Content from the Services.
12.3 On termination of expiry of this Agreement for any reason the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced
13. Third Party Services
13.1 You are responsible for deciding if you want to access or use any third party websites, apps, products or services that link from our Services, including in relation to any products or services that we recommend or payment and delivery of goods/services (“Third Party Services”). We have no control over the content, accuracy, practices or opinions expressed by any third party, including in relation to any Third Party Services. We are not able to monitor, verify, censor or edit the content of any Third Party Services. Third Party Services may have their own legal terms and conditions and privacy policies that may apply to you.
13.2 We are not responsible for these Third Party Services and any loss or damage that may arise from your access or use of them. Your use of Third Party Services is at your own risk.
14. Dispute Resolution
14.1 You and us agree that this Agreement, and all disputes (both contractual and non- contractual) and matters arising out of or in connection to it, are governed by English law. You and us submit to the exclusive jurisdiction of the courts of Ireland in connection with any disputes or matters arising out of this Agreement. We acknowledge that the courts in some countries may apply their local laws in addition to the laws of England to certain types of disputes and the courts in your country may consider your dispute against us.
14.2 If there is a dispute between you and another user of our Services, or between you and any third party, you agree that we are under no obligation to become involved and you will not make any claim or demand against us in relation to that dispute.
15.1 You agree that we may provide notices to you either by (a) a notice displayed on the Service; (b) an email sent to the registered email address you provided to us; or (c) through other means including SMS, telephone or post. You agree to keep your contact information up to date. In connection with your use of the Service, we may send you service announcements, administrative messages and marketing messages. You may opt out of some of these communications.
15.2 If you want to send us notices or service of process, please contact us: Online at: email@example.comBy mail at: 215 Riverbank Point, 114 High Street, Uxbridge, UB8 1JL, London, UK
16. Application Terms
16.1 You agree that the availability of the App is dependent on the third party App providers such as iTunes or Google Play or any other app website and its affiliates (“App Provider”) from which you can choose to download the App to obtain extra features with the Device. You acknowledge that this Agreement is concluded between you and us only, and not with any other App Provider. Each App Provider may have its own set of terms to which you agree to abide by before downloading the App and obtaining the licence to use the App. To the extent that such other terms and conditions from such App Provider conflicts with our terms and conditions, this Agreement will prevail.
16.2 The App Provider has no obligation to maintain the App or provide support services for the App. The App Provider is not responsible for any claims you or a third party may have in relation to the App including, any Device liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
16.3 The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sub- licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
16.4 Apple Device. This clause 16.4 applies if you use the App in connection with an Apple device that you own or control. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App.
16.5 You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not the App Provider, are responsible for the investigation, defence, settlement and discharge of any such infringement claim.
16.6 You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
16.7 Both you and us acknowledge and agree that, in your use of the App you will comply with any applicable third party terms of agreement which may affect or be affected by such use.
16.8 The App Provider is a third party beneficiary of this Agreement and has the right to enforce these terms against you (as it relates to your license of our App through their app store). You must also comply with the app store’s terms of service when using our App.
17.1 In order to deliver interesting and exciting innovations to you, our Services and Devices are constantly evolving. We may change the terms of this Agreement or the features or functionality of a Service or Device at any time. If the changes are material, we will provide notice to you through the Services, by email, SMS or other means (or by using a combination of these means). Changes may include changing, suspending or ending any part or feature of the Services, changing the availability of a feature or part of a Service or Device, or modifying fees and means of payment or the categories of features and Services that are free or for payment. We may also impose limits on certain features and Services or restrict your access to parts or all of the Services.
17.2 We will not back-date these changes. Unless required as a matter of urgency or reasonable necessity, a material change will be effective no earlier than 14 days after we notify you. However, non-material changes, material changes addressing new functions for a Service or material Device changes made to reflect changes in relevant law or regulatory requirements may be effective immediately.
17.3 You are responsible for reviewing and becoming familiar with any change we make. If you do not agree to a change you will have to immediately stop using the Services and Devices and close your account with us where you have one. If you use the Services or a Device following our change notice, then you will have accepted the Service or Device or Terms of Service as modified.
18.1 Handi Technologies Limited is an English registered company (registration number 11048873), with its registered address at 215 Riverbank Point, 114 High Street, Uxbridge, UB8 1JL, London, UK
18.2 If a court with jurisdiction over this Agreement finds that any part of this Agreement is wholly or partly unenforceable, you and us agree that where possible, the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree that the court should not have regard to that unenforceable part but still enforce the rest of this Agreement.
18.3 We are not liable for any failure or delay to perform our obligations under this Agreement where the failure is due to anything beyond our reasonable control (for example, natural disasters, flood, fire, acts of terror, malicious damage, compliance with any law or governmental order, or mechanical, electronic or communications failure or degradation).
18.4 If we fail to insist that you perform any of your obligations under this Agreement or we do not act or delay in acting to in exercise a right or remedy provided by this Agreement that does not mean we have waived our rights or remedies against you and will not mean that you do not have to comply with your obligations.
18.5 To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only.
18.6 You may not transfer or assign this Agreement (or your user account) to anyone without our written consent. We may assign or transfer this Agreement to our affiliates or to a party that buys us or an affiliate or parent of ours without your consent by providing you with notice.
18.7 You and us agree that no agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect.
18.8 You agree that the only way you can provide us with a legal notice is at the addresses set out in Section 15 above.
18.9 This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the entire agreement between you and us and supersedes all prior representations or agreements for the Services. Headings are for reference purposes only and do not form part of this Agreement.
19.0 Handi SOS is designed to be used for emergencies only and not for any other use. We reserve the right now or in the future to limit or restrict the number of messages a Handi SOS device can send. We also reserve the right to cut off the messaging service of your device if we feel it s being used for anything other than the use for which it’s intended.