Service Terms & Conditions

Pre-contract information 
Hire Agreement regulated by the Consumer Credit Act 1974  
This pre-contract information form and Our terms and conditions ("Terms") attached to the Annex to this pre-contract information form together is the "Agreement". 
Any terms defined in this pre-contract information form shall have the meaning given to it in this pre-contract information form or the Terms. 
PARTIES TO THE AGREEMENT 
 
Name and Address of the Owner:  
(referred to as "We" "Us" "Our" 
Livity Life Limited, whose registered office address is at Nutsey Lane, Calmore Industrial Estate, Totton, Southampton, Hampshire, SO40 3XJ. 
Name and Address of the Hirer:  
(referred to as "You" "Your" 
The individual acting in a personal capacity who accepts this Agreement. 
 
 
KEY FINANCIAL INFORMATION 
 
Please see the definition of Equipment at clause 2.1 of the Terms. 
Description of Equipment 
 
HIRE PAYMENTS 
The amount of each hire payment in respect of the Equipment (the "Hire Payment") shall be:  

(a) if You place an Order via the Website, the price indicated on the order page of the Website;  
(b) if You place an Order via telephone, the price told to You over the telephone; or 
(c) if You place an Order via email, the price specified in Our email.  

The Hire Payment is inclusive of VAT. If You are exempt from paying VAT, please notify Us. 
The Hire Payment is payable monthly in advance unless otherwise agreed in writing between You and Us. 

Payment Dates 
The first Hire Payment will be taken on the 16th day of the month in which the Services commence.

If the Services commence between the 1st and 5th of the month, a single Hire Payment will be taken on the 16th day of that month on a pro-rata basis to cover the hire of the Equipment from the delivery date until the 1st day of the following month. The full Hire Payment will then be taken on the 16th day of the following month with subsequent Hire Payments being taken on the same day each month (or as otherwise agreed by You and Us in writing). 

If the Services commence after the 5th day of a month, the first Hire Payment will be taken on the 16th day of the following month together with a pro-rata Hire Payment to cover hire of the Equipment from the delivery date to the 1st day of the following month. Each subsequent Hire Payment will then be taken on the same day each month (or as otherwise agreed by You and Us in writing).   
If the 16th day of the month is not a Business Day, payment will be taken on the next Business Day. "Business Day" is a day other than Saturday, Sunday, or an English Bank Holiday.  

OTHER PAYMENTS 
Service Charge 
The amount of service charge in respect of the Services ("Service Charge") shall be:

(a) if You place an Order via the Website, the price indicated on the order page of the Website;  
(b) if You place an Order via telephone, the price told to You over the telephone; or 
(c) if You place an Order via email, the price specified in Our email.  

The Service Charge is inclusive of VAT. If You are exempt from paying VAT, please notify Us. 
The Service Charge is payable monthly in advance unless otherwise agreed in writing between You and Us. 

Payment Dates 
The Service Charge will be taken at the same time and in the same manner as the Hire Payment detailed above.  

Delivery costs 
The costs of delivery shall be: 

(a)if You place an Order via the Website, the price indicated on the order page of the Website;  
(b)if You place an Order via telephone, the price told to You over the telephone; or 
(c) if You place an Order via email, the price specified in Our email.   

VARIABLE PAYMENTS 
We shall review the Hire Payment and the Service Charge once a year every June and may increase the Hire Payment and/or the Service Charge upon the occurrence of any of the following events: 

1. a rise in the costs of any of Our sub-contractors and/or the operation of Our call centre in Worcester; 
2. a rise in production costs of the Equipment, including any increases in charges of Equipment suppliers; and 
3. RPI adjustments.  
 
KEY INFORMATION 

CHARGES 
In the event the Equipment is lost, damaged or not returned once this Agreement comes to an end, You agree to pay to Us the costs of replacing the Equipment ("the Replacement Costs").  

You will pay to Us the Replacement Costs for any damage to the Equipment as a result of: 

1. misuse (including excessive usage of the Equipment) or neglect; and 
2. test calls not being carried out at least on a monthly basis. 

MISSING PAYMENTS 
Missing payments could have severe consequences and may make obtaining credit more difficult. 

YOUR RIGHT TO CANCEL 
Once You have signed this Agreement You have a short time in which You can cancel it. Details of how to cancel it are set out at clause 9 (Cancellation) of the Terms. 

IMPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS 
The Consumer Credit Act 1974 ("the Act") covers this Agreement and lays down certain requirements for Your protection which should have been complied with when this Agreement was made. If they were not, We cannot enforce this Agreement against You without getting a court order.  

If You would like to know more about Your rights under the Act, contact either Your local Trading Standards Department or Your nearest Citizens' Advice Bureau. 
 
Complaints  
The Financial Conduct Authority at 12 Endeavour Square, London, E20 1JN is the supervisory authority of consumer hire agreements.  

If You are not happy with any aspect of Our service, please contact Us at the above address, by telephone on 0800 130 0011 or by email at [email protected]. If We do not resolve your complaint internally to Your satisfaction, You may be able to refer it free of charge to the Financial Ombudsman Service at Exchange Tower, Harbour Exchange, London E14 9SR or telephone them on 0800 023 4567 or e-mail Your complaint to [email protected]. You can get further information at www.financial-ombudsman.org.uk.  

We are authorised and regulated by the Financial Conduct Authority.  

Our firm reference number is 705631.  

Our registered number as a company is 00833987.  

ANNEX 
Livity Life Terms and Conditions 
The Services will be available 14 days after the day You receive the Equipment, unless You request the Services to be made available on the date on which the Equipment is delivered to You (in which case clause 9.4 will apply). 

1. INTRODUCTION AND HOW TO CONTACT US 
1.1 This Agreement applies to the hire of Equipment and the provision of the Services by Us to You. 

1.2 Please read this Agreement carefully before You submit Your Order to Us. You will need to accept this Agreement before We will hire any Equipment and provide the Services to You. 

1.3 We have tried to make this Agreement easy to understand but We do understand that You may feel uncertain about some sections when You read them. Our staff are here to help and will be more than happy to assist You with any query You may have. 

1.4 If You have a query about this Agreement, please contact Us via: 
(a) Contact Number: 0800 130 0011 (You will be charged no more than the basic rate for calling Us on this number); 
(b) Email: [email protected]; 
(c) Postal address: Edgar Estate, Berrow Green Road, Martley. Worcestershire, WR6 6PQ; or 
(d) Website: by completing the form via the 'contact' page of Our Website. 

1.5 If We have to contact You, We will do so by telephone, or by writing to You at the email address or postal address You provided to Us when placing Your Order. 

1.6 A copy of this Agreement and all other documents (such as a manual and installation guide) which apply to Your hire of Equipment are available for You to read on Our Website. 

1.7 If You would like this Agreement in another format (for example: audio, large print, braille) please contact Us using the contact details in clause 1.4 above. 

2. DEFINITIONS  
2.1 To make this Agreement easy to read, We have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below: 

Agreement: this Agreement relating to the hire of the Equipment and provision of the Services; 

Equipment: the device which You are hiring under this Agreement; 

Hire Payment: as set out in the Pre-Contract Information Form; 

Replacement Costs: additional charges (which We notify to You at the time) for replacement of the Equipment if damaged,  lost or not returned when this Agreement comes to an end. A list of replacement costs is available on request and may be updated from time to time; 

Order: Your request to hire the Equipment and for Us to provide the Services to You; 

Pre-Contract Information Form: the pre-contract information form to which these terms and conditions are appended. 

Services: the services We will provide to You as part of Your hire of the Equipment as set out in clause 4; 

Service Charge: as set out in the Pre-Contract Information Form; 

We / Our / Us: Livity Life Limited a company registered in England and Wales with company registration number 00833987 whose registered office address is at Nutsey Lane Calmore Ind Estate, Totton, Southampton, Hampshire, SO40 3XJ and whose registered VAT number is 675 9910 80; 

You / Your: the individual acting in a personal capacity who accepts this Agreement; and 

Website: www.mi-guardian.com, which is operated by Us. 

3. PLACING AN ORDER 
3.1 This section sets out how a legally binding agreement will be formed between You and Us. 

3.2 You can place an Order either over the telephone, by email or on Our Website. 

3.3 To place an Order via telephone: 
(a)You will need to call Us on the contact number provided in clause 1.4(a) above specifying the product(s) which You require and confirm that you agree to this Agreement; and  

(b)Our acceptance of Your Order will take place when We accept it verbally on a telephone call, at which point a contract will come into existence between You and Us. We will email You to confirm Our acceptance of Your Order. This email will include: (a) Your order number and personal details (b) the expected delivery date of the Equipment, (c) the date on which the Services will commence as per Your request on the call and (d) will attach this Agreement. 

3.4 To place an Order via Our Website:  
(a) You will need to fill in and then submit the online order form specifying the product(s) which You require ("Order Form"). You submit the Order Form by clicking on the 'place order' button; and   
(b) Our acceptance of Your Order will take place when We email You to accept it, at which point a contract will come into existence between You and Us. This email will include: (a) Your order number and personal details, (b) the expected delivery date of the Equipment, (c) the date on which the Services will commence as per Your request in the Order Form and (d) will attach this Agreement. 

3.5 To place an Order via email: 
(a)You will need to email Us specifying the product(s) which You require and confirm that You agree to this Agreement; and 
(b)Our acceptance of Your Order will take place when We email You to accept it, at which point a contract will come into existence between You and Us. This email will include: (a) Your order number and personal details, (b) the expected delivery date of the Equipment, (c) the date on which the Services will commence as per Your request in Your email and (d) will attach this Agreement.  

3.6 If We are unable to accept Your Order, We will inform You of this and will not charge You for the hire of the Equipment or the Services. This might be because We do not have the Equipment in stock, there is a limit on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the Equipment or because You don’t have access to Wi-Fi or a phone line. 

3.7 Please note, You do have the right to cancel the hire of the Equipment and the Services if You change Your mind and We have set out how You can do that in clause 9 (Cancellation). 

4. SERVICES 
4.1 We agree to hire the Equipment and provide the Services to You and You agree to hire the Equipment and receive the Services from Us from the date on which the Equipment has been delivered to You on a monthly rolling basis until You end this Agreement by providing 28 days' written notice by using the contact details in clause 1.4, unless this Agreement ends for one of the reasons set out at clause 14 (Ending this Agreement). 

4.2 During the time You hire the Equipment from Us, We will provide the following Services: 
(a) A 24 hour / 365 day monitoring service, provided by Our Worcester call centre, where any calls from You will be answered when You raise an alarm at any time of the day or night. Your call will be answered by a highly trained call adviser who will automatically know who You are and where You live;  
(b) If You make a call, We will decide the seriousness of the alert and escalate it if necessary to the emergency contacts You have provided and, if required, to the emergency services; 
(c) We will contact You at least once a year to check if there are any changes that need to be made to the Equipment which You have hired from Us or to Your data records, but We ask that You contact Us where any changes have occurred which We need to be aware of in order to provide the Services; 
(d) We may contact You periodically to remind You to carry out a test call where You have not done so (see clause 11.1(a) (Care of Equipment)); 
(e) If needed, We will adjust the sensitivity of any sensors within the Equipment. 

4.3 Where You are a high user of the Services, We may also contact You to discuss whether it would be advantageous to reassess Your needs.  

5. EQUIPMENT 
5.1 The images of the Equipment on Our Website or in Our leaflets are for illustrative purposes only. The Equipment You hire may vary slightly from those images. 

5.2 We may change the Equipment to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. 

6. DELIVERY 
6.1 The Equipment will be delivered to You by a courier. 

6.2 Our delivery options and the costs of delivery will be: 
(a) if You place an Order via the Website, the price indicated on the order page of the Website;  
(b) if You place an Order via telephone, the price told to You over the telephone; or 
(c) if You place an Order via email, the price specified in Our email.  

6.3 Our email confirming Your Order will set out the expected delivery date. 

6.4 If something happens which: 
(a) is outside of Our control; and 
(b) affects the estimated delivery date; 

We will give You a revised estimated delivery date of the Equipment. 

6.5 Delivery of the Equipment will take place when We deliver them to the address that You provided when We accepted Your Order. 

6.6 Unless You and We agree otherwise, if We cannot deliver the Equipment within 30 days of the delivery date, We will: 
(a) let You know; and 
(b) cancel Your Order. 

6.7 If nobody will be available to take delivery on the delivery date, please contact Us using the contact details at clause 1.4. 

6.8 If You are not at the address when We deliver the Equipment and You have told Us to leave the Equipment in a named safe location, We will do so. Otherwise We will make 2 further attempts to re-deliver the Equipment. On the second further attempt, if You are not at the address when We attempt delivery, We will leave You a note informing You of how to collect the Equipment from a local pick up point. If You do not collect the Equipment within the timeframe specified in Our note, We may end the Agreement. 

6.9 You are responsible for the Equipment when delivery has taken place.   

6.10 Our leaflet and Website are solely for the promotion of Our Equipment in the UK. We do not deliver to addresses outside of the UK. 

7. PRICE AND PAYMENT 

7.1 You will need to pay the Hire Payment and Service Charge which includes VAT via direct debit (unless otherwise agreed in writing)  in accordance with the payment terms set out in the Pre-Contract Information Form.   

7.2 You are required to complete a direct debit mandate. 

7.3 If Your payment is not received by Us by the due date, You: 
(a) must pay the Hire Payment and Service Charge within 14 days of Us reminding You that payment is due; and 
(b) if You fail to pay the Hire Payment and Service Charge within 14 days of Our reminder, You must allow Us to arrange for the Equipment to be collected from You by a courier on an agreed date at Our expense. You must keep the Equipment in Your possession, take reasonable care of it (including ensuring that You follow any instructions or manuals given with the Equipment relating to storage). 

7.4 Nothing in this clause affects Your legal rights to cancel this Agreement under clause 9 (Cancellation). 

7.5 Where the Equipment is lost, damaged or not returned when this Agreement comes to an end, We may ask You to pay Replacement Costs. 

7.6 If You have difficulty paying the Hire Payment and Service Charge, You should talk to Us as soon as You can using the contact details in clause 1.4. 

8. WARRANTY AND FAULTY EQUIPMENT 
8.1 By law, We are required to supply goods which are as described by Us, fit for purpose and of satisfactory quality. We have given You certain promises about the Equipment in clause 8.2 below.   

8.2 We warrant that the Equipment: 
(a)conforms to the description advertised on Our Website and in Our leaflet; 
(b) is of satisfactory quality, free from defects in materials and workmanship and fit for its intended purpose; 
(c) is free from design and other inherent defects; 
(d) complies with all relevant legislation in England; 
(e) does not infringe the intellectual property rights of any third party; and 
(f) is properly labelled, packaged, marked and described in accordance with the Order and will be properly packed and secured in such a manner so they are delivered to You undamaged and in good condition. 

8.3 If the Equipment is faulty, You must let Us know immediately by using the contact details in clause 1.4 and Our call centre will try to help You fix it while You are speaking to them. If it is not possible to fix the Equipment, We will send You replacement Equipment and will arrange for the faulty Equipment to be collected by courier on an agreed date and at Our expense. 

8.4 Where We receive an alert that the batteries in the Equipment are low, We will send You a replacement free of charge. Where the Equipment has sealed battery units which require replacing, We will arrange for the Equipment to be collected and We will send You replacement Equipment free of charge. 

8.5 For more detailed information on Your rights and what You should expect from Us, You can visit the Citizens Advice website www.citizensadvice.uk or call 0800 144 8848. 

9. CANCELLATION 
9.1 You will have the right to cancel the hire of the Equipment and the Services if change Your mind and receive a refund from the time You place an Order until 14 days after the day You receive the Equipment.  

9.2 To exercise the right to change Your mind, You must: 
(a) inform Us that You have changed Your mind. You may use the model cancellation form attached to this Agreement at the Appendix but it is not obligatory - You can call Us, write to Us or email Us using the contact details in clause 1.4. If You inform Us by writing to Us at Our address, We advise You to keep proof of postage. Please confirm Your name and address when contacting Us. 
(b)if You have received the Equipment (or if We have dispatched it) and You have changed Your mind, allow Us to collect the Equipment on an agreed date by courier at Our expense. 

9.3 To meet the cancellation deadline, it is sufficient for You to send Your notice of cancellation before the cancellation period has expired 

9.4 We will reimburse You for any Hire Payment You have paid. We will also refund You any Service Charge You have paid but if You request Services to be made available to You from the date on which the Equipment is delivered to You, We may deduct from any refund of the Service Charge an amount for the period during which the Services were supplied and ending on the day You told Us You had changed Your mind. The amount will be on a pro-rata basis to cover the Services that We have supplied.  

9.5 We will make the reimbursement in clause 9.4 without undue delay and no later than 14 days of You telling Us You have changed Your mind.  

10. OWNERSHIP OF EQUIPMENT  

All Equipment hired by You will remain Our property. 

11. CARE OF THE EQUIPMENT 
11.1 You agree that You will: 
(a) carry out a test call on the Equipment at least once a month; 
(b) take proper care of the Equipment, keep it in good order and condition including keeping the Equipment clean and away from any liquids; 
(c) use the Equipment properly and as set out in any instructions or manuals from Us; and 
(d) not make any changes to the Equipment. 

11.2 You must notify Us immediately of any loss or damage to the Equipment. 

12. CHANGES TO THIS AGREEMENT 
12.1 From time to time We may make amendments to this Agreement to reflect the changing circumstances that affect the Equipment and Services provided, or as a result of Our yearly review of the Hire Payment, Service Charge and Replacement Costs as explained in 'key financial information' section of the Pre-Contract Information Form. 

12.2 We will always give You one month’s prior written notice of any changes to this Agreement, including any changes to the Hire Payment and Service Charge. 

12.3 If You are unhappy with the proposed changes then You are entitled to terminate this Agreement in accordance with clause 14.4. 

13. OUR LIABILITY TO YOU 
13.1 This Agreement does not exclude or limit Our liability (if any) for: 
(a)death or personal injury caused by Our negligence; 
(b) fraud; 
(c) fraudulent misrepresentation; or 
(d) any matter which it would be illegal for Us to exclude or attempt to exclude Our liability. 

13.2 We are only liable to You for losses which You suffer as a direct result of Our breach of this Agreement and which are reasonably foreseeable. We are not liable for any other losses. 

13.3 We are not liable to You for failure of any Equipment if the Equipment was working correctly when delivered to You and have been interfered with by You or a person other than Us. 

13.4 We are not responsible to You for any business losses that You may incur (including but not limited to lost profits, lost revenues, business interruption or lost data) or for losses to non-consumers.  

13.5 You may have other rights granted by law and this Agreement does not affect these rights. 

14. ENDING THIS AGREEMENT 
14.1 Before exercising Our rights under this clause 14, We will send You a notice telling You what You must do to remedy the situation where the situation is remediable. 

14.2 If You do not or cannot do what the notice requires You to do within the time limit specified, We may end this Agreement by writing to You.  

14.3 We may end this Agreement: 
(a) if You do not make any Hire Payment, Service Charge, Replacement Costs or other sum payable under this Agreement when due and You still do not make payment within 14 days of Us reminding You that payment is due; 
(b) if You break a term of this Agreement and You do not correct this within 30 days of Us telling You to correct this; 
(c) if You do anything or anything happens which We reasonably consider might jeopardise Our ownership and rights in the Equipment;  
(d) if You die or become mentally incapable of managing Your own affairs;  
(e) if You withdraw consent on which We rely to process Your personal data; or 
(f) in accordance with clause 6.8. 

14.4 You may end this Agreement at any time by giving Us 28 days’ notice by using the contact details in clause 1.4.  

14.5 If You have died, Your next of kin, power of attorney or the person managing Your estate should contact Us to end this Agreement.  

14.6 Where We or You end this Agreement, We will arrange for collection of the Equipment by courier on an agreed date and at Our expense. We will also refund You without undue delay of any part of the Hire Payment and Service Charge You have paid in advance for any days after the day this Agreement comes to an end calculated on a pro-rata basis. 

15. HOW WE MAY USE YOUR PERSONAL INFORMATION 
We will only use Your personal information as set out in Our privacy policy. 

16. DISPUTE RESOLUTION PROCEDURE 
In the event of any dispute or difference arising out of or in connection with this Agreement, You and We agree to try to settle that dispute by way of informal mediation before any formal court proceedings are commenced. Any dispute or difference may be referred by You or Us to the Centre for Effective Dispute Resolution (CEDR) who shall advise on the appropriate procedure to be followed. 

17. COMPLAINTS 
17.1 If You have any concerns or a complaint, in the first instance You should talk to Us by using the contact details in clause 1.4.  

17.2 All complaints will be logged with Our governance team and be acknowledged within 1 working day by a telephone call to You and written acknowledgement no later than 3 working days from the complaint being raised. 

17.3 We will investigate the complaint and respond within 20 working days. 

17.4 This procedure is in accordance with the TSA (Tec Services Association) as We are members of the TSA and We follow their quality standards framework. We are also members of the British Healthcare Trades Association (BHTA) and as members We are signed up to the BHTA Code of Practice. 

17.5 If You would like to see Our complaints procedure You can ask for a copy by using the contact details in clause 1.4. 

18. GENERAL 
18.1 In hiring the Equipment, You represent and agree that You are hiring the Equipment solely for Your personal use, and not for business reasons (for example for resale or commercial distribution). 

18.2 This Agreement is only available in English. No other languages will apply to this Agreement. 

18.3 This Agreement is governed by English law. 

18.4 You can bring legal proceedings in respect of the Equipment and the Services in the English courts. If You live in Scotland You can bring legal proceedings in respect of the Equipment and the Services in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the Equipment and the Services in either the Northern Irish or the English courts. 

18.5 You may not transfer any of Your rights under this Agreement to any other person. 

18.6 We may transfer any of Our rights under this Agreement to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under this Agreement. If You are unhappy with the transfer You may contact us to end the contract within one month of Us telling You about it and We will refund You any payments You have made in advance for the Equipment and Services not provided. 

18.7 Only You and Us have any rights under this Agreement. No other person shall have any rights under this Agreement. 
If You are a consumer then nothing in this Agreement will affect Your statutory rights. 
 
APPENDIX  
Cancellation Form 
To: Livity Life Limited   
Address: Edgar Estate, Berrow Green Road, Martley. Worcestershire, WR6 6PQ.  
Email: [email protected]  
Telephone number: 0800 130 0011  
I/We* hereby give notice that I/We* cancel my/our* contract of sale for the following goods and for the supply of the following service: 
Ordered on* / Received on*: 
My/Our* Name(s): 
My/Our* Address(es): 
 
Signature: 
Date 
* Delete as appropriate