Terms and Conditions
Please read the following terms and conditions very carefully. Your access to and use of this website (the "Website") and the Family Safe Plus service as described herein, on the Website and Family Safe Plus leaflets (the "Service") is subject exclusively and strictly to these Terms and Conditions. By accessing the Website and/or registering for the Service, you agree to be bound by the following terms.
1.1 These Terms and Conditions cover the supply of the Service by Family Safe Plus which is owned and run by Community Inspired Ltd of Stag House, 23-27 London Road, East Grinstead, West Sussex RH19 1AL ("Us"/"We"/"Our") to You as the customer and/or user of the Service and of the Website ("You"/"Your").
2.1 Unless the context otherwise requires:
2.1.3 "Registration Fee" means the fee for the Service as set out in section 4;
2.1.4 "Registered User" means You, where You have submitted a registration to receive the Service;
2.2 Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated; and (in each case) vice versa.
3.1 Our Responsibilities Where You are a Registered User
3.1.1 We will store the Personal Data and other information that You register against Your Family ID for use in the event that a Service operator is contacted regarding a missing family member or property You have registered or such family member or property is found.
3.1.3 We will not be responsible for informing the authorities (including the police or health services) or other persons in the event that Your family member or property goes missing. Our role is purely to facilitate the added circulation of information within the relevant area and does not remove the need for You to follow normal procedures in notifying Your family, acquaintances and the police, in the event that Your family member or property goes missing.
3.1.4 We will supply information that is registered against your Family ID to You or to another person we believe to be authorised by You who provides the correct security responses subject to clause 8.4 below. A Service operator will not be required to provide other information from the Website which has not been registered against Your Family ID.
3.2 As a Registered User, You:
3.2.2 Agree that the Service may only be activated and Personal Data disclosed where Your Family ID is quoted and the relevant security questions have been answered correctly.
3.2.3 Make and agree to the warranties set out in Clause 7 below.
3.2.4 Acknowledge that You will still have responsibility for informing the police, health services and other relevant persons and authorities in addition to a Service Operator as You deem appropriate at Your discretion.
4. Prices and Payments
4.1 You will be charged the Registration Fee for each calendar year that You register with the Service. Standard Registration costs £15 per year for the whole family, however many family members you have. The Standard Registration fee may be reduced if a valid promotional code is used on registration some restrictions to the Service may apply where a promotional code is used.
4.2 Payment can be made by cheque or by most major credit or debit cards online through World Pay. Where you have registered online you will be automatically recharged each year, though you can cancel this at any time.
4.3 We do not make any charge other than the Registration Fee for using the Service. You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of Your card refuses to authorise payment, We will not be liable for any delay or non-delivery and We are not obliged to inform You of the refusal.
4.4 We are not responsible for Your card issuer or bank charging You as a result of Our processing of Your credit/debit card payment.
4.5 We reserve the right to charge You for any additional services which may be requested by You from time to time. The details of these charges will be notified to You at such time.
5. Registrations with Promotional Codes
5.1 The use of a valid promotional code at the time of registration as stated in clause 4.1 may restrict the Service available from time to time.
5.2 Where You have registered free of charge under the Family Safe Holidays promotion You are not entitled to use the Support centre.
5.3 Where you have upgraded your account from the Family Safe Holidays promotion to an Annual Family Safe Holidays account, you will be entitled to use the Support centre
6 Intellectual Property Rights
6.1 The Website and any information sent to You directly by Us are only intended for Your own personal use only.
6.2 You may not publish, copy, re-distribute or otherwise exploit (commercially or otherwise) any material or data received by way of the Service or contained in the Website.
6.3 The reproduction, copying, downloading, storage, recording, broadcasting, retransmission and distribution of the material, or any part of the material contained on the Website is not permitted without Our prior written consent.
6.4 You may not use Our name, trade marks or logo in any manner without Our prior written consent.
7. Your Warranties
7.1 You warrant that You:
7.1.1 are over 18 years of age;
7.1.2 are the owner or legitimate user of any cellular phone, which You may have registered or otherwise use to receive the Service or any other services that You may request from Us from time to time and that You are authorised to incur charges on that phone;
7.1.3 will not damage, interfere with or disrupt access to the Service or Website or do anything which may interrupt or impair their functionality or operation;
7.1.4 will use the information provided in the course of the Service or contained in the Website, only in accordance with these Terms and Conditions of Use and only for lawful purposes and in a lawful manner; and
7.1.5 all information (including Personal Data) that You provide to Us is true, accurate, current and complete in all respects and that You will notify Us immediately of any changes to such information;
7.1.6 those persons that You have registered under Your Family ID have knowledge of the Service, and the use of their Personal Data and consent to such use, and where You are their parent or guardian, You consent to such use on their behalf;
7.1.7 will keep Your security clearance questions in respect of Your Family ID confidential and will not disclose same to anyone other than those who You are willing to activate the Service.
7.2 You agree to fully indemnify and keep Us indemnified against all claims, liability, damages, losses costs and expenses, arising out of any breach of these Terms and Conditions by You or other liabilities arising out of Your use of the Website and/or Service.
8. Limitation of Liability
8.1 We take all reasonable efforts to ensure that the information and material contained in Our Website is as accurate as possible. However, the information contained on the Website or that may otherwise be provided to You pursuant to the Service, may be provided to Us by third parties and are not under Our control. We do not therefore make any warranty as to the accuracy and completeness of the information provided through the Service.
8.2 Notwithstanding Clause 8.1 above, We provide the Service and the Website on an "as is" and "as available" basis without giving any warranty in relation to the Service or the Website including (but not limited to) implied warranties of non-infringement, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
8.3 You acknowledge and agree that, whilst We will meet these Terms and Conditions, We do not have any involvement in any searches or investigations made with respect to a missing child or other family member registered under Your Family ID and are not responsible or liable for any such investigations or the activities or use of Personal Data by other authorities and individuals. We will not be liable for any failure to recover Your family member or property safely, and make no assurances in relation to same.
8.4 You acknowledge and agree that We will activate the Service when Your Family ID is quoted and the relevant security clearance questions are answered correctly. We can not and do not carry out any other additional checks to establish who is making a request, and We will not be responsible if another member of Your family or other person holding the relevant details, activates the Service without Your knowledge.
8.5 Although We seek to ensure that the Website is always available and the Service is available during normal business hours, We cannot guarantee that Service operators will be available or that the Website will be provided uninterrupted at all times.
8.6 We will not be liable:
8.6.1 in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) arising out of or in connection with these Terms and Conditions;
8.6.2 for any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipates savings); or
8.6.3 for any special or indirect losses whatsoever;
8.6.4 for any defects in or durability of the materials (including tags and pens) supplied to You as a part of the pack of information.
8.7 Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from Our negligence or that of Our agents or employees.
9. Term and Termination
9.1 These Terms and Conditions commence from the moment that Your payment of the Registration Fee is authorised - and remain in force until such time as You or We terminate the provision of Services in accordance with this Clause 8.
9.2 You may terminate Your Registration for the Service at any time but please note that We can not refund any Registration Fees where You choose to do so. You may do so by closing Your account as follows:
9.2.1 Following instructions within the web site;
9.2.2 sending an email to firstname.lastname@example.org providing your family identification number and two other pieces of verification detail; or
9.2.3 writing to the address given at Clause 1.1 above.
9.3 We may suspend or terminate Your use of the Service or Website or any part of the Service or Website immediately and without notice where:
9.3.1 We consider that You may be in breach of these Terms and Conditions;
9.3.2 We, in Our sole discretion consider that Your use of the Service is excessive, have sent you notification requesting that you reduce Your use of the Service and You nonetheless continue such excessive use.
9.4 Without prejudice to Clause 9.3, We shall be entitled to terminate Your use of the Service or any part of the Service on 3 days notice to You.
10. Data Protection
10.1 Any Personal Data (including sensitive Personal Data) that We may collect from You is processed and used by Us or Our agents for the purpose of effecting Your Registration and providing the Service and/or other services that We provide to You and that You may request from Us from time to time.
10.2 Personal Data will not be used for the sending of any marketing material by Us or on behalf of other companies, except where You have consented to such use.
11.1 You are not entitled to assign any of Your rights or obligations under these Terms and Conditions. We shall have the right to assign or otherwise delegate all or any of Our rights hereunder.
12. Jurisdiction and Choice of Law
12.1 These Terms and Conditions are governed by the law of England and Wales and You and We agree to submit to the exclusive jurisdiction of the courts of England and Wales in the event of a dispute.