Terms and Conditions

Terms & Conditions


By using this site you agree to these terms of use.
If you do not agree to these terms of use then do not use this site contents.

The materials, images made available in this site are provided "as is", without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, functionality or non-infringement.

We do not warrant that the materials will be error free, nor free from viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction.

Our policy of continual development means that product specification and appearance may change without notice. Icare247 the company selling Micare and the Getmicare website does not accept responsibility for any errors and omissions contained within this website.

All resources (text, images, pdf files, scripts and so on) contained within this website are copyright © 2018 Icare247 Ltd. All rights reserved. If you have any queries regarding this notice, or the use of materials from this web site, please contact us directly: info@getmicare.com

MiCare is the name of the product.

GetMiCare is the web site used to explain, market, register and log into the product.

iCare247 is the company responsible for getmicare web site and the product micare tablet.



iCare247 & GetMiCare TERMS and CONDITIONS

(Last updated May 2018)


1. DEFINITIONS

1.1 When the following words are used in these Terms, this is what they will mean:

  • (a) event outside our control: is defined in clause 8.2; 
  • (b) Goods: The Micare tablet and Xioami Band and other products as advertised and sold on the web site;
  • (c) order means your order for the goods ;
  • (d) order confirmation: by letter or email, confirmation of your order provided by us;
  • (e) services means Getmicare web-service including back end software;
  • (f) Terms: the terms and conditions set out in this document; and
  • (g) Icare247 Ltd a company registered in England and Wales with registration number 09786368 whose registered office is at 15 Halls Farm Close Winchester SO22 6RE
  • (h) The owner of the tablet is the person who pays for the product and any maintenance contract, or the person who downloads the software onto their own tablet. The owner is free to give it for other people to use, but they will be the owner from Getmicare contractually. If you are claiming zero rate VAT the product must be used by a person meeting the criteria in section 6.6.
  • (i) Key parties refer to any individuals entered into the relational data base system to be contacted, the owner, other people authorized to be involved by the owner and the person using the tablet.

1.2 When we use the words "writing" or "written" in these Terms, this will include e-mail, documents with Icare247 company or getmicare product, paper or Icare247/getmicare email account, unless we say otherwise. 


2. OUR CONTRACT WITH YOU 

2.1 These are the terms and conditions on which we supply goods and services to you. These Terms and the order for business and products constitute the whole agreement between you and us.

2.2 Our goods and services are intended to

  • Provide software to run on an android tablet for people who have a permanent disability or infirmed, 
  • To provide a computer tablet loaded with the software and other related devices sold on the web site
  • to receive Bluetooth messages from healthcare devises supplied only by us,
  • to provide service and support as specified on the web site.
  • Where contracted to do so support the software, it’s set up, changes and use by the user of the tablet within the terms of the contract.

Please read carefully the limits and conditions of use for the service in these terms. Some of the features and specifications may be changed without notice to improve reliability, function, design or otherwise. 

2.3 Please ensure that you read these Terms carefully, and check that the details on the order are correct. These Terms are complete and accurate and by agreeing to purchase goods or contract a service you confirm that you agree to the Terms. If you think that there is a mistake or lack of clarity in these terms, please contact us by email, phone or written letter to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between you and us.

2.4 How to place an order: You can place an order on-line, by telephone or through a local agent or franchisee. In order to process the order your order will need to be registered on line, this can be done with the help of family, friend or one of our agents or our main office. This will involve getting some basic information about you.

  • 2.4.1 During the registration process we ask you to confirm you are happy to proceed on the basis of the terms and conditions, agree with our policy on data protection, we will also ask you whether you give consent for your information to be sent to third parties for marketing purposes for related goods. We will also ask you to complete a declaration if you are eligible for VAT exemption if not VAT will need to be charged. See section 6.6.
  • 2.4.2 If you order directly by phone as a mail order, we will confirm the details of the order by email enclosing a copy of these Terms & Conditions, Data, Marketing and whether you are eligible for VAT exemption. The VAT exemption will be agreed by yourself if you are eligible over the phone. By placing an order, you are agreeing to be bound by these Terms. These will need to be agreed by you again when you register on the web site with the help if necessary of family, friends or the local agent.
  • 2.4.3 If you place an order through an agent then by giving the agent your bank details/Credit/Debit card, answering the online questions or those asked by the agent you are agreeing to the sale and maintenance charge as shown on the web site, or explained by the agent. Agreeing to the process does no negate your statutory rights. If ordering through an agent with services, you can request for a printed copy of the terms and conditions 

2.5 When you submit your order to us, by any means, this does not mean we have accepted your order for goods. Our acceptance of the order will take place once your order has been placed, processed and the goods are dispatched to you at which point these Terms will become binding and a contract will come into existence between you and us.

2.6 If any of these Terms conflict with any term of the order, these Terms will take priority.


3. DELIVERY OF GOODS 

3.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the goods and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands or for deliveries to addresses outside the UK. Goods supplied via an agent will usually be fulfilled directly subject to their stock.

3.2 We will contact you with an estimated delivery date for telephone and online orders if there is likely to be a delay. Occasionally our delivery to you may be affected by an event outside our control. See clause 8 for our responsibilities when this happens.

3.3 Delivery of an order shall be completed when we deliver the goods to the address you gave us. 

3.4 We can arrange a convenient delivery date with you and dispatch the goods by courier. We can arrange delivery to your work address. If no-one is available to take delivery the courier will leave a card with their details for you to contact to arrange re-delivery. 

3.5 The goods will be your responsibility from the completion of delivery. 

3.6 Where you have agreed to purchase the goods from us, you will own the goods once we have received payment in full. 

3.7 If you are renting the goods from a third party or been given it to use by family, friends then the goods will remain the property of the person giving/renting it to you. We do not rent a product directly. If payment for using the goods outside of the pre-paid contracted period is terminated, we will contact you to advice you of this fact however failure to correct the service payment will mean the the use of the goods will be limited. The product will remain in a frozen state. See 5.9. Goods must be fully paid for. 


4. IF THE GOODS ARE FAULTY 

As a consumer, you have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.


5. SELLER'S GUARANTEE OF GOODS 

5.1 Where you have purchased the goods from us we guarantee that on delivery and for a period of 12 months from delivery, the goods shall be free from material defects and we shall repair or replace defective goods as is appropriate. This guarantee does not apply to batteries supplied with the product, however the batteries normally last for at least 2 years depending on usage.

5.2 Within the first 60 days we will replace the product completely, after this we reserve the right to have it repaired within the guarantee period at our expense. We will not reimburse postage after the first 60 days. 

5.3 If you experience any problems with the goods, please contact central office helpline on 01962 606247 if you bought the product on line we will try to resolve the problem on the telephone. If you bought the product through an agent please contact the agent through their dedicated phone line. If resolving the problem is not possible they will make arrangements for a visit by themselves for repair or replacement of the defective part. For all support enquiries please contact the agent who you purchased the product through. However, this guarantee does not apply in the circumstances described in clause 5.4 or for parts that are lost or go missing after delivery. 

5.4 The guarantees in 5.1 and 5.2 do not apply to any defect in the goods arising from: 

  • (a) (where you have purchased the goods from us) fair wear and tear; 
  • (b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; 
  • (c) if you fail to operate or use the goods in accordance with the user instructions; and 
  • (d) any alteration or repair by you or by a third party who is not one of our authorized agents/franchisee or repairers. 
  • (e) breakages of seals or unauthorized opening of devises

5.5 This guarantee is in addition to your legal rights in relation to the goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. 

5.6 This product is sold with two separate elements, a) the product itself (hardware), b) the support and service that is supplied with the product. The price of the product is that advertised on the web site without direct support, the support and service element is the difference between what you paid and the product itself. You are entitled to return the product for a refund within 30 calendar days of receiving the product if required as long as it is in the original packaging and has not been subject to any damage. The refund will be for the product value itself as specified in full, for the personal service element including set up charges, training/coaching visits this element cannot be refunded in full as the agent has spent their time on setting up and supporting you with the product, the refund element for the service element will be 1/3 of the service element cost, unless no service has been done then it will be in full. The support and service element consists of personal set up, home visits, telephone support.

5.6 Our services rely on: mains power at the houses where the goods are used for recharging; and either mobile data services or WIFI access from a third party supplier. Occasionally there may be disruptions to these services which we cannot be held responsible for practically or financially. The device itself indicates whether there is a service and whether you are connected to the internet, unfortunately we cannot guarantee that our services will be available without disruption especially due to failure of third party services as described.

  • 5.6.1 When there is disruption we will use our best endeavors to inform the owner of the faulty system. The tablet itself will indicated if the wifi is not working. 
  • 5.6.2 Our system relies on third party WIFI from mobile or telephone line services All telecoms companies do not guarantee their services.
  • 5.6.3 The owner of the tablet can give third parties the ability to alter settings and access to data in the system. This includes the agent if service and support is purchased. We have made the tablet so the user knows who has access to their data and are able to override and stop that access. Obviously where the owner or an agent is locked out this will prevent others adding new contacts, bookmarks etc to the tablet. Where the user locks them out the owner should check that they are happy with the new settings. Icare247 or any of its agents, contractors, employees cannot be held responsible for alterations changes made by the owner or their authorized representatives, family or friends.
  • 5.6.4 Our software will use it’s best endeavors to inform key parties involved when there is a breakdown of devices, power supplies etc. 

5.7 It is your responsibility to keep the devices charged through mains power switched on when charging is needed. If you have a service package an agent should not be used to attend for recharging of devices, this will be an extra cost. The owner of the device (usually the person paying for the device or maintenance charge when out of initial period) will be on the contact list to help with this.

5.8 Set up must be done if bought direct using the instructions both written in the box, on the goods and or downloaded from the web site. Where the product is sold with a full-service element through an agent, the agent will be responsible for the setup, training and mentoring during the initial contract period. 

5.9 The devices are sold within the following structure which depends on how much you paid.

Definitions:
  • Software – Micare software as downloaded free of charge onto android platform only.
  • Android – Devices that use android operating system.
  • Tablet – as described on the web site, called the Micare Platform supplied by Icare247 and its related ware able technology as shown on the web site
  • Limited functionality – the device comes with fixed games, book marks and limited adaptions through the web site connections. Only the owner, icare247 agents or staff have access to the back office initially. This back office set up ability available through a log in on our web site will enable the Micare platform to be set up with individual preferences. The owner can give functionality to third parties through the back office where they have there own user name and password access. 
  • Full functionality – access to all the systems is available when either a full support package is bought or maintenance package is within the contracted period. Outside of this the system will revert to limited or frozen functionality. 
  • Frozen functionality – Following completion of the inclusive period the functionality of the device will be frozen in the set up at the time the full functionality license expires. Full functionality will be restored on setting up payment for monthly service charge of £6 month. All payments can be initiated through the web site getmicare.co.uk 
    Initial set up – The device will come pre-configured from the information supplied through the web site at the time of purchase. Some onsite set up will be required by the owner ie logging the device onto the local wifi system. Where little or no information is given at the time of purchase the owner will be fully responsible for setting up the whole device.
  • Support – those who purchased the premium, premium plus package are inclusive of 6/12 months support including 3 visits to the persons home in first 6 months or 6 over 12 months. Additional home visits when requested will be charged at £25 visit for 1 hour. Where the visit is because there is a failure of the product the visit will not be charged for or taken off the inclusive package. Telephone support will be available at the agent’s availability. The number of telephone calls included in the support is capped at 15 per customer in a 6 months period. Where the telephone support is a failure of our system this will not be included.

    Post Premium package there are 3 support options to maintain full functionality otherwise the tablet will go into the frozen mode.
Table of offerings

As of 2018, price may change see web site for the latest prices.

Item
Price
Tablet Functionality
Direct Support
Software only for Android devices
Free of charge
Limited functionality
No direct support
Tablet with software initial set up
£240 +£35 MiCare wristband
Full functionality for 3 months.*
No direct support
MiCare Essential Plan
Tablet + Wirstband + 6 months of MiCare support
£385
Full functionality for 6 months.*
Direct support for 6 months, including 3 home visits and
10 telephone support calls.*
MiCare Plus Plan
Tablet + Wirstband + 12 months of MiCare support
£495
Full functionality for 12 months.*
Direct support for 12 months, including
20 telephone support calls and 6 home visits.*
Subscription Plan
Option 1
£6 a month
 — cancel anytime
Full functionality
No direct support
Subscription Plan
Option 2
£12 a month
 — cancel anytime
Full functionality
3 telephone support calls per month
Subscription Plan
Option 3
£30 a month — cancel anytime
Full functionality
2 telephone support calls and one home visit per month

*Subscription Plan options available for purchase after that period.

5.10 We make all reasonable efforts to have our website available at all times. However, access may occasionally be restricted to allow repairs, maintenance or amendments to the contents. We shall do our best to ensure that such restrictions are kept to a minimum.


6. PRICE AND PAYMENT 

6.1 The price for the purchase of the goods and services will be set out in our price list in force at the time this is what is on our web site. We confirm your order. Our prices may change at any time, but price changes will not affect orders for the purchase of goods that we have confirmed with you. 

6.2 Where you pay in advance for services for a specified term (“Prepaid Term”) then price changes which we implement will not apply during the course of the Prepaid Term, subject to below. 

6.3 Where you make regular monthly payments for the services, the amount of the payments for the services and support may change. We shall give you one month’s notice in writing email or through the tablet of any proposed change and you can choose to cancel the contract in accordance with clause 9. 

6.4 Our prices exclude VAT. The product is designed for people with difficulties and most will be eligible for a VAT free service. If not our costs will need to have VAT added. If the rate of VAT changes any time after the date of the order is placed, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect. 

6.5 If you meet the criteria you will be eligible for the goods to be supplied at 0% VAT. If this is the case we ask you to confirm eligibility on the web site and complete a declaration before we take payment and deliver the goods. For details if eligible see www.gov.uk/government/publications/vat-notice-7017-vat-reliefs-for-disabled-people/vat-notice-7017-vat-reliefs-for-disabled-and-older-people

All our goods are eligible to be zero rated provided the following conditions are met

  • The goods are for the personal or domestic use of the customer 
  • The person using the tablets needs it by way of a chronic condition
  • The person receiving the service is disabled is some way see below.

A person is ‘chronically sick or disabled’ if he/she is a person with a:

  • physical or mental impairment which has a long-term and substantial adverse effect upon his/her ability to carry out everyday activities
  • condition which the medical profession treats as a chronic sickness, such as diabetes, arthritis, hypertension, eye or hearing, poor dexterity due to disease process, medical conditions you have to live with.

It doesn’t include an elderly person who’s not disabled or chronically sick or any person who’s only temporarily disabled or incapacitated, such as with a broken limb. If a parent, spouse or guardian acts on behalf of a ‘chronically sick or disabled’ person, your supply is treated as being made to that ‘chronically sick or disabled’ person. 

We require all receiving zero rated goods or services to indicate by ticking the box that they have read this terms and conditions and agree they meet the criteria.

6.6 This product has been designed for older people who are in some way unable to use normal technology usually available. It was designed and developed under the Ambient Assisted living research programme for people because of their age or disability cannot use normal technology. 

As such our product fits into the zero rated section of vat from HMRC.

The relief does not extend to the separate purchase of other goods or services, such as training or downloaded software licenses that are not pre-installed. These will be treated as standard-rated supplies unless they attract a relief in their own right, like software (not downloads) that is designed solely for use by disabled people.

To be zero rated you must be classed as disabled in some way and you will be required to tick that you are eligible and meet one of the criteria found in our terms and conditions this is done buy ticking the VAT zero rated box. 

Icare 247 Ltd of 15 Halls Farm Close, Winchester is supplying the following goods and/or services to the disabled person in this registration which is: 

“Assistive technology involves the pre-installation of specialist software which is specifically required by the disabled individual. Where such a purchase is made, the complete system will be defined as designed solely for use by that disabled person, and will be eligible for the relief.

Where an assistive technology system can be zero-rated, other supplies and services, including training, may also be zero-rated if they’re made as part of a single supply, and support the main supply of the assistive technology system. However, electronic downloads are treated as electronically supplied services, and are always standard-rated.”

Tablet and wearable technology with preloaded bespoke software designed specifically for disabled older people or younger disabled people including those with learning difficulties. This can be purchased with or without installation support and training package at the time. This is for home personal use by the individual who will use the tablet. 

Sign On behalf of Icare247 Director

Declaration

I the patient I am receiving the goods and/or services detailed above, which are being supplied to me for domestic or my personal use and I claim relief from VAT. The user has one or more of the chronic conditions listed below due to my medical condition

  • Poor mobility, dexterity, fine motor control, arthritis
  • Poor eyesight or hearing
  • Poor memory and slowness in learning new things
  • Poor cognitive ability or Chronically sick or other disability
  • A medical condition that affects there day to day activity

6.7 We shall require cleared payment before delivery of the goods or provision of the services.

6.8 Where it has been agreed that you will make a regular payment in respect of the goods or services, these payments must be made from a bank account or from a card in the country of supply. This does not apply to one off payments or single advanced payments

6.9 We do not rent the goods.


7. OUR LIABILITY TO YOU 

7.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract. 

7.2 We only supply the goods for domestic and private use in residential property. You agree not to use the goods for any commercial or business other than that agreed by us in writing. 

7.3 We do not exclude or limit in any way our liability for: 

  • (a) death or personal injury caused by our negligence or the negligence of our employees, agents, franchisees or subcontractors; 
  • (b) fraud or fraudulent misrepresentation; 
  • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979(title and quiet possession);
  • (d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  • (e) defective products under the Consumer Protection Act 1987. 

7.4 Our maximum liability to you under the terms of this contract is the total amount paid by you for the goods and the services. 


8. EVENTS OUTSIDE OUR CONTROL 

8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control. 

8.2 An event outside our control means any act or event beyond our reasonable control including without limitation the failure of a public or private telecommunications network; failure of mains power at properties where the goods are used; failure of our server; or failure to use the goods or services in accordance with instructions. It also includes natural or manmade disasters, acts of war, changes in government legislation effecting our products. 

8.3 If an event outside our control takes place that affects the performance of our obligations under these Terms: 

  • (a) We will post a message as soon as reasonably possible on the website which you use to access the web-service; 
  • (b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of goods to you, we will arrange a new delivery date with you after the event outside our control is over. (c) Use our best endeavors to use our system to communicate to the owner the failure of the particular system, network, power supply.

8.4 Either party may cancel the contract if an event outside our control takes place and continues for longer than 4 weeks. 


9. YOUR CANCELLATION RIGHTS 

9.1 Before the goods are delivered, you have the following rights to cancel an order for goods and services: 

  • (a) You may cancel any order for goods at any time before we dispatch the goods by contacting us. We will confirm your cancellation in writing to you. 
  • (b) Where goods are already in transit but not delivered, cancelation can only be confirmed once the goods are returned to our office in the same state as were sent, unopened.
  • (c) If you cancel an order under clause 9.1(a) and you have made any payment in advance for goods that have not been delivered to you, we will refund these amounts to you within 10 working days as long as the goods are returned. If part of the service element has already been used this will be deducted from the repayment

9.2 Money Back Guarantee 

Without prejudice to the statutory consumer rights of cancellation, our 30 day money back guarantee enables you to return the goods and get a full refund if you change your mind within 30 days of delivery. The goods must be returned to us and must arrive complete and ‘as new’ in their original packaging. If you wish to use this guarantee, call our customer helpline on 01962 606247 to advise us within 30 days of receiving the goods. We will ask you to return the goods and stop your online service along with any web-service subscription with immediate effect to avoid future recurring payments. We recommend you ask for proof of posting from your Post Office when returning the goods in case of postal delays or losses as this will be required by us to confirm when you dispatched it. 

Refund will be made within 10 working days of us receiving the goods in good condition as defined above. If parts are missing or have been damaged, we may make a deduction from the reimbursement for loss in value of the goods. If the goods are not returned to us, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods, whichever is the earliest. This only applies to the product itself not the service agreement which is included in the package. Where elements have been used these cannot be reimbursed as the service has been completed.

  • 9.2.1 In addition to the money back guarantee we will buy back the goods from you at the following rate as long as they are in full working order and in their original packaging on return to our store. This only applies to the product element not the service element.
    • 1-3 months 50% of the net of vat purchase price of the products only
    • 3-6 months 10% of the net of purchase price of the products only
  • You are of course able to do what you like with the products. It is possible for the product to be reregistered to a new owner on our web site, you can use the tablet or wearable technology in any way.

9.3 After the goods are delivered and any Prepaid Term has ended, you do not need to give notice as the contract will end. Where cancel the contract by giving notice, in writing, by email or by phone. The notice period is two weeks before another payment date is due. We will confirm by email the date the contract ends and terminate the web service. 

  • 9.3.1 If you cancel the contract before any Prepaid Term has ended you will not be entitled to a refund of any of the fees paid in respect of the Prepaid Term. The initial prepaid term is normally 6 months unless otherwise stated in writing.

10. OUR CANCELLATION RIGHTS 

10.1 Occasionally we may have to cancel an order for goods before the goods are delivered due to an event outside our control or the unavailability of stock. We will promptly contact you if this happens. If we have to cancel an order in these circumstances and you have made any payment in advance for goods that have not been delivered to you, we will refund these amounts to you. 

10.2 If any payments, are not made on the due date or you are in breach of any of these Terms we have the right to cancel the contract and withhold access to data stored on our website until payment is made. Reminders will be sent.

10.3 Termination of the web service will take place 20 working days after the none payment of the service unless payment made. 


11. INTELLECTUAL PROPERTY RIGHTS 

You agree and acknowledge that all intellectual property rights in the goods and services, on our website and in our database belong to Icare247 ltd (getmicare)


12. INFORMATION ABOUT US & HOW TO CONTACT US 

12.1 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 01962 606247 or by e-mailing us at info@getmicare.com 

12.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by post to icare247 Limited at 70 Priorsdean Road, Winchester SO22 6LX or info@getmicare247.com. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by post to the address you provide to us in the order.


13. HOW WE MAY USE YOUR PERSONAL INFORMATION 

13.1 We will use the personal information you provide to us to: 

  • (a) provide the goods and services; 
  • (b) process your payment for such goods and services; and 
  • (c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us. 

13.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do. 

13.3 We will not give your personal identity or identifiable data to any other third party.

13.4 For further information regarding our use of your personal information please refer to the Privacy Policy page of our website at www.getmicare.com/privacy-policy 


14. REGISTERING ON THIS WEBSITE


14.1 When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

14.2 By registering on the Website you undertake:

  • 14.2.1 That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects
  • 14.2.2 You will notify us immediately of any changes to the information provided on registration
  • 14.2.3 You are over 18 or if under 18 you have a parent or guardian's permission to register with the Website in conjunction with and under their supervision
  • 14.2.4 To only use the Website using your own username and password
  • 
14.2.5 To make every effort to keep your password safe
  • 14.2.6 Not to disclose your password to anyone
  • 14.2.7 To change your password immediately upon discovering that it has been compromised
  • 14.2.8 To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

14.3 You authorize us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.


15. INTELLECTUAL PROPERTY​


15.1 The content of the Website is protected by copyright (including design copyrights), trademarks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Micare or Icare247 Limited moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).

15.2 You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors. 

15.3 You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

15.4 You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

15.5 You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. 

15.6 You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

15.7 No license is granted to you to reproduce any of the content without permission in writing.


16. DISCLAIMER

16.1 It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements. 

16.2 We will not be liable to you if the Website is unavailable at any time. 

16.3 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavors to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date. 

16.4 All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.

16.5 Any prices and offers are only valid at the time they are published on the Website. 

16.6 All prices and descriptions supersede all previous publications. 

16.7 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available. 

16.8 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

16.9 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

16.10 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

16.11 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.

16.12 You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it. 

16.13 We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.


17. USE OF THE WEBSITE ​

17.1 You are permitted to use the Website and the material contained in it only as expressly authorized by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you. 

17.2 We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law. 

17.3 We reserve the right to:

  • 17.3.1 Make changes to the information or materials on this Website at any time and without notice to you.
  • 17.3.2 Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party. 
  • 17.3.3 Refuse to post material on the Website or to remove material already posted on the Website 

17.4 You may not use the Website for any of the following purposes:

  • 17.4.1 Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
  • 17.4.2 Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
  • 17.4.3 Breaching any applicable local, national or international laws, regulations or code of practice 
  • 17.4.4 Gaining un authorised access to other computer systems 
  • 17.4.5 Interfering with any other person's use or enjoyment of the Website 
  • 17.4.6 Breaching any laws concerning the use of public telecommunications networks 
  • 17.4.7 Interfering with, disrupting or damaging networks or websites connected to the Website
  • 17.4.8 Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
  • 17.4.9 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
  • 17.4.10 To create and/or publish your own database that features all or substantial parts of the Website
  • 17.4.11 Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner

17.5 In addition, you must not:

  • 17.5.1 Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
  • 
17.5.2 Attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to it
  • 17.5.3 Attack the Website via a denial-of-service attack or a distributed denial-of service attack 
  • 17.5.4 Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website 

17.6 A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.


18. SUSPENDING OR TERMINATING YOUR ACCESS ​

18.1 We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if: 

  • 18.1.1 You fail to make any payment to us when due 
  • 18.1.2 You breach the terms of these terms and conditions (repeatedly or otherwise) 
  • 18.1.3 You are impersonating any other person or entity
  • 18.1.4 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
  • 18.1.5 We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website



19. REVIEWS​

19.1 You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials. 

19.2 You undertake that any review, feedback or rating that you write shall: 

  • 19.2.1 Comply with applicable law in the UK and the law in any country from which they are posted
  • 19.2.2 Be factually accurate 
  • 19.2.3 Contain genuinely held opinions (where applicable)
  • 19.2.4 Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving 
  • 19.2.5 Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
  • 
19.2.6 Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party
  • 19.2.7 Not be used to impersonate any person, or to misrepresent your identity

19.3 You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights. 

19.4 You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. 

19.5 We reserve the right to publish, edit or remove any reviews without notifying you.


20. LINKING TO THE WEBSITE​

20.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

20.2 Any agreed link must be: 

  • 20.2.1 To the Website's homepage
  • 20.2.2 Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
  • 20.2.3 Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it 
  • 20.2.4 Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

20.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate. 

20.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.


21. EXTERNAL LINKS

21.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

  • 21.1.1 The privacy practices of such websites 
  • 21.1.2 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
  • 21.1.3 The use which others make of these websites 
  • 21.1.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

22. GENERAL

22.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

22.2 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected. 

22.3 All Contracts are concluded and available in English only. 

22.4 If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations. 

22.5 A waiver by us of any default shall not constitute a waiver of any subsequent default.

22.6 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.


23. OTHER IMPORTANT TERMS 

23.1 We may transfer our rights and obligations under these Terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms. 

23.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms. 

23.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

23.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

23.5 These Terms are governed by English law. You and we both agree to submit to the non- exclusive jurisdiction of the English courts.