Terms and Conditions
NEXT OF KIN PRODUCT
We have agreed that in return for receiving an annual or monthly payment, that in the event of an emergency involving You, We will endeavour, when contacted by the Emergency Services, to provide details to the Emergency Services of Your Next of Kin.
This Agreement sets out the terms and conditions on which the Next of Kin service is provided.
In these terms and conditions unless the context otherwise allows the following words and expressions shall have the following meanings:
“DPA” means the Data Protection Act 1998 as amended, re-enacted, modified or supplemented;
“Emergency Services” means the Police / Medical / Ambulance / Fire and Rescue services;
“Means of Identification” means the membership card, key ring, window/ passport/mobile phone stickers provided by Us to You;
“Membership Form” means the form including details about You, Your Next of Kin or your Nominated Contact;
“Next of Kin” means the person or persons to be contacted in the event of an emergency involving You, and full details of which have been given identified as the “Next of Kin” on the Membership Form or such amendment as is provided by You;
“VAT” means Value Added Tax, a transactional tax charged on the sale of goods and services, the current United Kingdom rate being 20% of the goods or service price;
“We, Us Our” means Next of Kin Limited with registered number 03924758 whose registered office is situated at 36 Crown Rise, Hertfordshire, WD25 0NE;
“You, Your” means the individual over 18 years of age who has signed the Membership Form, holds the Means of Identification and whose details appear on the Membership Form as having the benefit of the Next of Kin service;
The singular shall include the plural and vice versa and the masculine gender shall include the feminine. The headings are for convenience only and shall not affect the construction of this Agreement.
This Agreement shall be for a period of 12 months commencing from the date the Membership Form is accepted by Us and the annual payment has been collected.
Either party may terminate this Agreement by giving 30 days written notice to the other. In such event there shall be no refund of the annual payment.
This Agreement will automatically terminate if an order is made or an effective resolution passed for the liquidation, winding up, dissolution (other than by way of members voluntary liquidation or pursuant to any amalgamation or reconstruction on mutually agreed terms) of Us or a receiver, administrative receiver, administrator is appointed over all or any of the revenues or assets of Us;
3. WHAT YOU AGREE TO DO
You agree throughout the term of this Agreement to:
3.1 ensure that all details provided to Us on the Membership Form are and remain correct and accurate;
3.2 ensure that We are notified as soon as possible in writing of any changes to the original Membership Form details;
3.3 ensure that all Means of Identification are kept secure, and not lost or misused;
3.4 ensure that We are notified immediately in the event of loss of any of the Means of Identification;
3.5 ensure that those persons nominated as Next of Kin agree to act as Next of Kin before they are nominated on the Membership Form.
4. WHAT WE AGREE TO DO
4.1 We will comply with the DPA and in particular the Data Protection Principles set out in it in connection with personal data provided by You and processed as a result of this Agreement.
4.2 You agree that We may fulfil Our obligations by employing or engaging independent contractors to process information or to contact the Next of Kin. Although We will enter into appropriate arrangements with such independent contractors, We shall not be liable for the acts or omissions of such contractors howsoever caused.
4.3 We will take all reasonable steps to ensure that the Emergency Services are given correct details of the Next of Kin in the agreed manner in the event that We are contacted by the Emergency Services.
4.4 Although We shall use reasonable care to ensure that calls received about You are genuine, We cannot accept responsibility if Next of Kin are contacted by mistake or as a result of a hoax or other unauthorized use of the Means of Identification.
4.5 We will use reasonable endeavours to communicate information to Next of Kin. We accept no liability for third party equipment or service failure, (e.g. customer fax machines, Internet service providers, pager/mobile network providers and national and international telecom service providers) including the international emergency number which may not be accessible from certain countries.
5. PAYMENT TERMS
5.1 You authorise Us to prepare, complete and submit sales voucher(s) and to debit the credit card specified in the Membership Form attached in order to recover all charges and amounts due and owing to Us under this Agreement. If the credit card or debit card specified in the Membership Form is cancelled You will within seven days of receiving a request from Us, supply Us the details of an alternative credit or debit card, and sign all requisite forms to enable any alternative credit or debit card to be debited by Us.
5.2 Our charges are set out in the Membership Form. All charges payable by You to Us under this Agreement include VAT. You shall pay all charges and other sums due to Us without deduction or set-off. You shall be liable to pay costs on an indemnity basis in the event that We institute legal proceedings to recover Our charges or other sums due to Us from You.
You agree to indemnify Us for loss damage or expense to Us arising from:
6.1 any error or omission in the information You provide on the Membership Form; and/or
6.2 any unauthorized use of the Means of Identification
whether directly or indirectly resulting from such use.
Any notice or document to be given hereunder may be served by sending the same by prepaid first class post addressed to the relevant party at its address stated in the welcome letter in Our case (or such other address as We may notify you). Any notice
or document so sent shall be deemed to have been served on the second day following the date of posting.
8. CONTRACTS RIGHTS OF THIRD PARTIES ACT 1999
No person who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) to enforce any term of this Agreement provided that this shall not affect any right or remedy of any person which exists or is available otherwise than pursuant to the Act. We shall be under no obligation or liability to any person other than You.
9. FORCE MAJEURE
No party shall be considered in default in the performance of its obligations under this Agreement or be responsible for any delay in the carrying out of such obligations, if the performance thereof is prevented or delayed wholly or in part as a consequence of any cause beyond the reasonable control of the party affected.
10. FORBEARANCE OR WAIVER
No forbearance or indulgence by either party in enforcing any term or condition of this Agreement shall prejudice or restrict such party’s rights under this Agreement and no waiver of any breach shall operate as a waiver of any subsequent or continuing breach of such term or condition.
11. LIMITATION OF DAMAGES
It is expressly agreed between the parties that the liability for any damages arising out of the provision of the services under this Agreement, whether caused by Our negligence or that of Our employees or contractors or otherwise shall be limited to actual damages but shall in no event exceed £19.95. The parties acknowledge that damages would be difficult to ascertain and quantify and agree that this provision liquidates the damages and is not a penalty.
12. ENTIRE AGREEMENT
This Agreement together with the Membership Form represent the entire understanding between the parties in relation to the subject matter of this Agreement and supersedes all other agreements and representations made by either party, whether oral or written and this Agreement may only be modified if such modification is in writing and signed by a duly authorised representative to each party hereto.
13. GOVERNING LAW
This Agreement shall be governed by and construed and interpreted in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts.