Registration

ASTRALINE PERSONAL - TERMS AND CONDITIONS

(a brand name of Johnnie Johnson Housing Trust LIMITED)

This page tells you the terms and conditions on which we supply any services listed on our website http://www.astraline.co.uk/ to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any services from our site. You should understand that by ordering any of our services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any services from our webs

1. Interpretation

   1. In these Terms, the following definitions apply:

1. Interpretation

   1. In these Terms, the above definitions apply:

2. Information about us

   1. We operate the website www.astraline.co.uk
   2. We are Johnnie Johnson Housing Trust Limited (company number IP19198R) trading through the name ‘Astraline’ in relation to the Services with our registered office at Astra House, Spinners Lane, Poynton, Cheshire SK12 1GA.
   3. Our main trading address is at Astra House, Spinners Lane, Poynton, Cheshire SK12 1GA.
   4. Our VAT number is 570718238.
   5. We are regulated by the Tenant Services Authority.
   6. Our website is only intended for use by people resident in the UK. We do not accept Orders from individuals outside the UK.

3. Your status

   1. By placing an Order through our website, you warrant that:
      1.           you are legally capable of entering into binding contracts;
      2.           you are at least 18 years old;
      3.           you are resident in the UK; and
      4.           you are accessing our website from within the UK

4. Basis of contract

   1. These Terms and the Order set out the whole agreement between us and you for the supply of the Services. These Terms only apply to our Contracts with consumers.
   2. Please check that the details in these Terms and on the Order are complete and accurate before you click on the button marked “I Accept”.
   3. Any samples, drawings or advertising we issue, and any descriptions or illustrations contained in our website, catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Services they describe. They do not form party of the Contract between us and you for the supply of the Services.
   4. If any of these Terms are inconsistent with any term of the Order, the Order shall prevail
   5. You will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to purchase Services.
   6. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail (an “Order Confirmation”). These Terms shall become binding on you and us when we e-mail you an Order Confirmation at which point the Contract shall come into existence between us and you.
   7. Any quotation for the Services is given on the basis that a binding Contract shall only come into existence in accordance with clause 4.6. A quotation from us shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
   8. We shall assign an order number to your Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
   9. We have the right to revise and amend these Terms from time to time. We will give you prior notice of any changes to these Terms and you can choose to cancel the Services without penalty before the new Terms affect you unless any change is required by law or government or regulatory authority.

5.              Cooling-off period

   1. If you are contracting as a consumer, you may cancel the Contract at any time within 14 working days of entering into the Contract (the “Cooling-off Period”) by providing us with written notice. In this case, you will receive a full refund of the price paid for the Services within 30 calendar days of us receiving such written notice.
   2. You will have no right to cancel the Contract if you agree for the Services to start before the end of the Cooling-off Period.

6. The Monitoring Services

   1. The Monitoring Services (and any Maintenance Services that may be required in accordance with clause 8.5) will be provided for a minimum term of 12 months (and thereafter until terminated in accordance with clause 12.1) or until otherwise terminated in accordance with these Terms.
   2. We will make every effort to start to provide the Monitoring Services on the dates provided to you (subject to your compliance with the obligations in clause 9.1), but there may be delays due to circumstances beyond our control. In this case we will start to provide the Monitoring Services as soon as reasonably possible.
   3. Upon receipt of the equipment, a test call should be completed. Upon successful completion of a test call the service will commence. If a test call is not completed within 7 days of dispatch of the equipment, the service will be deemed to have commenced and the monthly charges will be applied to the account.

7. Use of the Equipment

   1. There are two options available; purchase or lease. Where Equipment is purchased outright, the maintenance and responsibility for the Equipment remains with the purchaser. Where the Equipment is leased the maintenance and responsibility for the Equipment remains with us until the warranty expires.
   2. On leased Equipment we shall allow you to use the Equipment for the duration of the Contract. The Equipment shall at all times remain our property and you shall have no right to the Equipment (save for the right of possession and use subject to these Terms).
   3. We will make every effort to provide or install the Equipment (as appropriate in accordance with your Order) at the time and date agreed between us and you but there may be delays due to circumstances beyond our control. In this case we will carry out the provision of the Equipment as soon as reasonably possible after discussing a new time and date with you.
   4. At the time of receipt of the Equipment, you shall have the opportunity to inspect the Equipment. Acceptance of the Equipment shall be evidence that the Equipment is in a good condition (save as regards defects not apparent from inspection).
   5. On termination of the Contract for leased Equipment for any reason, you shall:
      1.           promptly and thoroughly clean the Equipment; and 
      2.           return the Equipment to us by recorded post and in good working order within 10 working days of such termination.
   6. Upon receipt of the returned Equipment, we shall be entitled to inspect the Equipment for damage (other than fair wear and tear) and we reserve the right to charge reasonable additional sums for any such damage that has occurred. 

8.              Our obligations

   1. We shall:
      1.           dispatch the Equipment to you within 2 working days of receipt of the Set-up Fee (defined in clause 10.1 below); or
      2.           comply with the Telecare Services Association Code of Practice (a summary of which is available on request) when responding to activations of the Alarm Unit 24 hours a day, 365 days a year.
   2. We will provide Services which:
      1.           conform in all material respects with their description;
      2.           are carried out with reasonable care and skill;
      3.           are fit for the purpose we say the Services are fit for;
      4.           are free form material defects in design, material and workmanship; and
      5.           comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
   3. We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
   4. We shall respond to any complaints by you in a fair manner as laid out in our complaints procedure from time to time.
   5. We shall provide maintenance services to leased Equipment (the “Maintenance Services”) as appropriate (subject to clause 8.6) and shall use reasonable endeavours to:
      1.           acknowledge receipt of all requests for Maintenance Service within 1 working day of you making a request and provide you with details of the anticipated time that we shall provide the Maintenance Services;
      2.           provide the Maintenance Services to you, which we deem (in our reasonable opinion) to be of an emergency nature, within 2 working days; and
      3.           provide the Maintenance Services to you, which we deem ( in our reasonable opinion) to be of a non-emergency nature, within 5 working days.
   6. The Maintenance Services shall not extend to cover circumstances which result from:   
      1.           your misuse or neglect of the Equipment;
      2.           your failure to comply with manufacture guidelines for the Equipment;
      3.           your failure to follow our instructions or advice (or the manufacturer’s guidelines);
      4.           defects in electricity supply, telephone service, connections or equipment, cabling, junction boxes or any other utility supply defect at your property;
      5.           damage caused by an insurable event; or  
      6.           a breach of your obligations under clauses 9.1 and 9.3.
      7. In the event that the Equipment requires maintenance due to any of the circumstances referred to in 8.6.1 to 8.6.5, we shall be entitled to charge you any additional maintenance services on a time and material basis.

9.              Your obligations

   1. Before we activate the Monitoring Service, you must (to our reasonable satisfaction):
      1.           provide us with your relevant medical information and all other information as prescribed in the form requested by us (together with any other information which you think we should know);  
      2.           provide us with the names and contact details of two responsible and trustworthy keyholders (each a “Keyholder”), and obtain such Keyholder’s written permission for us to hold their contact details and to contact them in the event that you press the Telecare Device;
      3.           provide the Keyholders with a key to the your property (together with any other information required for the Keyholder to be able to access you property (for example, alarm codes);
      4.           provide the Keyholders with authority to access your doctor and medical records; and
   2. Within 7 days of the Equipment   you shall (following the instructions in the user manual that will be provided):
      1.           carry out a test call to ensure that the Equipment is working correctly; and
      2.           test the Equipment within the outer remits of its property to establish the working range for the Equipment,
      3.           Carry our self - administration on any GPS Equipment leased or purchased on the Supplier web site ensuring that you notify the operator at the alarm receiving centre as soon as possible that each such call is only a test call.
   3. Throughout the Services, you shall:
      1.           co-operate with us in all matters relating to the Services;
      2.           ensure that your telephone line is fully operational if this is a requirement of your Equipment;
      3.           ensure your telephone line is functional with the British Telecom infrastructure (we cannot guarantee that that our providers will be compatible with the Services so please contact us before agreeing any change in supplier) if this is a requirement of your Equipment;
      4.           provide us promptly with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
      5.           test the Equipment on a monthly basis (following the instructions in the user manual) and inform us promptly in the event that the Equipment is defective;
      6.           notify the operator at the alarm receiving centre as soon as possible that any test call is only a test call;
      7.           alert us as soon as possible if the Equipment is not working;
      8.           promptly inform us in the event that there are any changes to:
         1. your contact details;
         2. your medical history;
         3.   the identity of a Keyholder; or
         4. the contact details of a Keyholder.
         5. notify us in advance of any periods when you or a Keyholder are away from home and will not be contactable
         6. wear the Pendant Telecare Device at all times when in the working range of the Equipment (whether inside your property or in the surrounding area);
         7. not sell, dispose of, or part with possession of the Equipment;
         8. maintain suitable insurance to cover the value of the Equipment; and
         9. allow us access to your property to carry out the Maintenance Services or any maintenance required pursuant to clauses 8.6.1 to 8.6.5 (we will always provide identification before entering your property but if you are unsure about anyone who presents themselves at your door, please contact us by pressing your Telecare Device).
         10. Update resident and next of kin detail on the relevant Equipment web site if this option has been selecte
      9. We only provide the Services for domestic and private use, and you agree not to use the Services or Equipment for any commercial purpose.

10.         Price and payment

    1.  (the “Set-up Fee”) shall be a one-off payment as set out in the Order.  
    2. The price for the Monitoring Services (including any Maintenance Services that may be required) will be an on-going monthly charge (the “Monthly Charge”) as set out in the Order. At any time after the Minimum Term, we may increase the Monthly Charge on giving you at least 30 calendar days’ notice.
    3. The Set-up Fee and the Monthly Charge shall be inclusive of VAT, unless you have declared yourself to be chronically sick or disabled and therefore exempt from VAT. In the event that you are exempt from VAT, please provide us with evidence of this and we will adjust the charges accordingly.
    4. You must pay the Upfront Charge to us by credit or debit card at the “Checkout” section of our website. We will not charge your credit or debit card until we send you an Order Confirmation.
    5. You must pay the Monthly Charge to us on the 1st working day of each month by direct debit to an account specified by us.
    6. You acknowledge that where the price set out in the Order is based on the information supplied by you, in the event that this information proves to be incorrect during the provision of the Services, we shall have the right to vary the price set out in the Order based on our rates prevailing at that time. 
    7. We may, by giving notice to you at any time before starting to provide the Services, increase the price of the Services to reflect any increase in the cost of the Services that is due to:
       1.           any request by you to change the scope of Services ordered; or
       2.           any delay caused by any of you instructions or failure of you to give us adequate or accurate information or instructions.
    8. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base rate of The Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount. 
    9. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel of suspend our performance of the Services or any other Order until you have paid the outstanding amounts.
    10. This clause 10 shall survive the termination of the Contract.

11.          Limitation of liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

1. Subject to the remaining parts of this clause 11, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms at the time we entered into a Contract with one another.
2. We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.     
3. If we are installing the Equipment or carrying out Maintenance Services in your property, we will make good any damage caused by us in the course of installation. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installing the Equipment or carrying our Maintenance Services. 
4. If we are not installing the Equipment in your property, we will not be liable to you for any costs or losses sustained or incurred by you arising directly or indirectly from your failure to install the Equipment in accordance with our instructions.
5. You acknowledge that each time the Alarm Unit is activated (whether as a test call or not and whether as a result of a defective Equipment or not), your telephone line provider will charge you for such calls in accordance with their terms and conditions. We shall have no liability in respect of such calls. 
6. In the event that the Telecare Device is activated and we either:
   1.         cannot make contact with you; or
   2.         cannot contact a Keyholder; or
   3.         we decide (in our reasonable opinion) that you need emergency assistance,
   4. we will not be responsible for any damage caused to your property by the emergency services or us which is required to gain access to your property. If you are worried about this, we advise that you have a Key Safe available to purchase on the web site.
7. If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (a “Customer Default”):
   1.         we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;
   2.         we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations; and
   3.         you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
8. This clause 11 does not exclude or limit in any way our liability for:
   1.         death or personal injury caused by our negligence; or
   2.         fraud or fraudulent misrepresentation; or
   3.         any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
   4.         losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability. 
9. This clause 11 shall survive termination of the Contract.

10.          Termination

    1. We will provide the Services for an initial period of 12 months (the “Minimum Term”). After the Minimum Term has expired, either of us may terminate this Contract at any time by providing the other party with 30 calendar days' prior notice in writing.
    2. If the service is no longer required prior to the minimum term due to death, any leased Equipment must be returned to us in the packaging provided. Upon receipt of the Equipment in good working order, we will terminate the contract and monthly service charges will cease.
    3. Termination will not affect either party's outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
    4. Without limiting our other rights or remedies which we may have, we may terminate the Contract without liability to us immediately on giving notice to you if:
       1.         you fail to pay any amount due under the Contract on the due date and remain in default for not less than 5 working days after being notified in writing of the breach;
       2.         you commit a material breach of the Contract and (if such a breach is remediable) fail to remedy that breach within 10 working days of being notified in writing of the breach;
       3.         you abuse or misuse the Services and do not refrain from doing so after being notified in writing;
       4.         you are subject to a bankruptcy petition or order; or
       5.         you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.

11.          Intellectual property

    1. The copyright, design right and all other intellectual property rights in any equipment, materials and other documents or items that we prepare for you in connection with the Services will belong to us absolutely.
    2. You may not use the equipment, materials, documents or other items details in clause 13.1 for any commercial purpose.

12.          Events outside our control

    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 events outside our reasonable control (a “Force Majeure Event”).
    2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
       1.         strikes, lock-outs or other industrial action; or
       2.         civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
       3.         fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
       4.         impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
       5.         impossibility of the use of public or private telecommunications networks.
    3. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

13.          Links through our website

    1. We may also provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products and/or services you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.

14.   Assignment

    1. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which will not be unreasonably withheld. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

15.          Notices

    1. All notices sent by you to us must be sent to Product and Partnership Manager at Astra House, Spinners Lane, Poynton, Cheshire SK12 1GA or sales@astraline.co.uk. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three calendar days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.

16.          Data protection

    1. We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
    2. You acknowledge and agree that we may pass your personal information, medical history and any other details (including access codes for any Key Safe) to the emergency services, NHS Direct, your general practitioner or any other appropriate person.
    3. You acknowledge that we will record telephone calls we have with you for the purposed of our records and training our staff. This helps us provide the highest quality of service to you.

17.          General

    1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
    2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
    3. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
    4. These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts. We do not accept Orders from addresses outside the UK.