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Terms and conditions

MEMBERSHIP AGREEMENT - TERMS AND CONDITIONS

1    DEFINITIONS

1.1 In these Terms and Conditions, the following words have the following meanings:

1.1.1 "Active Acceptance" means Your indication on the Order Form (in whatever format the Order Form is submitted) of Your acceptance of the contract.

1.1.2 "Authorised Representative" means the person identified on the Order Form as being either:

(a) the parent or guardian of a Vulnerable Member; and/or
(b) a person acting under a lasting or enduring power of attorney on behalf of a Vulnerable Member; and/or
(c) a professional owing a duty of care to a Vulnerable Member;

1.1.3 "Contract" means any contract between You and Us incorporating these Terms and Conditions, the Order Form and the Privacy Policy for the provision of the Service and/or Goods;

1.1.4 "Emblem" means any item to be engraved with Your main medical conditions as disclosed to Us pursuant to the process outlined in these Terms and Conditions, Your Personal Identification Number and the telephone number of our Emergency Service;

1.1.5 "Emergency Service" means the provision by Us of access to an emergency telephone helpline accessible 24 hours a day, every day of the year, through which clinical and emergency professionals can access the Personal Information You provided to Us;

1.1.6 "Goods" means any products ordered by You from Us or to be supplied by Us to You including but not limited to Emblems;

1.1.7 "Member" means the person identified on the Order Form applying for membership of The MedicAlert Foundation Emergency Service;

1.1.8 "Nominated Representative" means the person identified on the Order Form as being an individual whom You give Your consent to Us discussing the Personal Information with and/or to Us receiving updates or changes to the Personal Information from;

1.1.9 "Offer" means the proposal from Us to You for Goods and/or Service based on Your Order;

1.1.10 "Order" means the request by You from Us for Goods and/or Service;

1.1.11 "Order Form" means the form containing details of the Order placed by You with Us for the provision of the Service and/or Goods;

1.1.12 "Membership Number" means the unique identification number assigned by Us to You to identify You in our records;

1.1.13 "Personal Information" means all personal data provided to Us by You, including name, address, sex, date of birth, residential address, telephone number and details on Your medical condition (including any specific disease You may have, medication You may be taking and choices for medical treatment);

1.1.14 "Privacy Policy" means the policy regarding Our use of the Member's Information as set out in the Schedule to these Terms and Conditions;

1.1.15 "Service" means the provision of an Emblem supported by the Emergency Service to the Member;

1.1.16 "Vulnerable Member" means a Member who is either:

(a) under the age of 18 years at the time of the application; and/or
(b) unable to give their informed consent; and/or
(c) is mentally or physically incapacitated in some way that prevents them from entering into this Contract themselves;

1.1.17 "We"/ "Us" / "Our" means The MedicAlert Foundation (registered charity number 233705, Company No. 814000 registered in England & Wales) whose registered office is 327 – 329 Upper Fourth Street, Milton Keynes, MK9 1EH

1.1.18 "You" / "Your" means the person entering into this Contract with Us who may become either:

(a) the Member; or
(b) an Authorised Representative of the Vulnerable Member in accordance with clause 1.1.2.

2 YOUR ORDER

2.1 When You apply to Us for membership, an Order Form will be completed (either by You or by Us on Your behalf over the telephone) with the Personal Information You provide to Us.

2.2 We will provide the Service and the Order Form will form a legally binding agreement with Us after You have provided Active Acceptance of the contract, and for Vulnerable Members only after We have made the enquiries We feel are necessary and confirmed to Our satisfaction the Personal Information provided to Us and the validity of the Authorised Representative.

2.3 If You place your Order over the telephone, You will receive an email or letter from Us informing You of the terms of the Contract. They are also available on our website.

2.4 We may refuse at Our sole discretion to:

(a) accept any Order from You or
(b) make an Offer to You.

3 CANCELLATION

3.1 Each Emblem is custom made for each Member. We cannot therefore refund You for the Emblem if You change Your mind or decide to cancel Your Order.

3.2 You are responsible for ensuring that your product is ordered in the correct size and style. If You later choose to request a size adjustment to Your Emblem, You will meet the associated adjustment and postal charges.

3.3 Once You have placed an order, You may terminate the Contract at any time but will not be entitled to any refund. Contracts may be terminated via post, email or telephone.

4 THE SERVICE WE PROVIDE TO OUR MEMBERS

4.1 Any clinical or emergency professional may call the telephone number of the Emergency Service displayed on an Emblem. After providing Us with the Membership Number on the relevant Emblem and confirming to Our satisfaction their own identity, We will release to that clinical or emergency professional such Personal Information about the Member as We deem appropriate to assist with medical treatment or render other support.

4.2 By entering into this Contract, You give Your consent to the Personal Information being used and released in accordance with these Terms and Conditions and our Privacy Policy.

5 WHAT YOU NEED TO DO TO RECEIVE THE SERVICE AND/OR THE GOODS

5.1 We may discuss with and receive updates and amendments from You and/or any Nominated Representatives in respect of the Personal Information We hold.

5.2 We and/or You may at any time revoke the status of a Nominated Representative by written notice to the other party to this Contract.

5.3 If there is more than one Nominated Representative, any Personal Information given or changed must be confirmed as correct by all Nominated Representatives.

5.4 If there is a discrepancy in the Personal Information provided, We will be entitled to ignore such Personal Information until We are able to verify it with:

(a) You and/or
(b) a professional owing a duty of care and as notified to Us by You.

5.5 You understand that the Personal Information You provide to Us can be critical in the event of an emergency and the need to Use our Service. You also understand We can only rely on You to ensure that Your Personal Information is accurate, up-to-date complete and truthful. In providing Your Active Acceptance (and any time thereafter when You contact Us to update Your Personal Information or place a new Order), You agree that the Personal Information You provide Us will at all times be a truthful and accurate record of the Personal Information You wish to be disclosed to a clinical or emergency professional in the event of an emergency and You acknowledge that We and any clinical or emergency professional to which the Personal Information is disclosed are entitled to rely on such Personal Information.

5.6 When requested by Us, You will check all Personal Information held by Us and will inform Us immediately of any error in or changes to the Personal Information held by Us.

5.7 You are responsible for ensuring that the Personal Information held by Us about You is complete, accurate and up to date and You will advise Us promptly of any changes to Your Personal Information. You acknowledge that it is Your responsibility to keep Your Personal Information up to date and that Your failure to do so can result in Us not being able to provide accurate information on You when the Emergency Service is called.

5.8 The Member will be the only person who wears the Emblem.

5.9 The Member will only wear the Emblem when all Information on it is accurate.

5.10 If the Member does not wear the Emblem, this may delay the provision of emergency medical treatment to the Member, since medical or clinical emergency professionals may not be able to identify the Member’s medical condition so readily. The Member acknowledges this and assumes all risks in this regard.

5.11 If a person is acting as an Authorised Representative for a Vulnerable Member, We will need to be provided with an official copy of the Registered Lasting or Enduring Power of Attorney. Unless We receive notice that such power of attorney has been withdrawn or terminated, We may assume that the Authorised Representative is empowered to act on behalf of the Vulnerable Member except as under 1.1.16 (a).

5.12 If You designate a Nominated Representative, We will assume that You have given Your consent to such person to act on Your behalf.

6 PRICE AND PAYMENT

6.1 The price for the Goods (including delivery charges and VAT) and the annual subscription fee for the Services will be as set out on the Order Form.

6.2 The subscription renewal fee can be paid by direct debit.

6.3 You will need to make payment for the Goods and the Services in pounds sterling at the time You return the signed Order Form to Us, or at the time You provide payment details over the telephone.

6.4 We will only deliver the Goods or provide the Service once We have received payment in full and cleared funds.

6.5 If You fail to pay the annual subscription fee as notified to You, We will terminate this Contract and You will no longer have access to the Emergency Service.

7 DELIVERY OF THE GOODS YOU ORDER FROM US

7.1 We aim to deliver the Goods to the address You provided on the Order Form within 28 working days of receipt of Your Order Form.

7.2 If You request delivery to an alternative address to the one provided on the Order Form, this must be by special delivery for which You will be charged in addition to Our normal delivery charges.

7.3 You will become the owner of the Goods when they have been delivered to your chosen delivery address. Once Goods have been delivered to You, they will be held at Your own risk and We will not be liable for their loss, damage through postage, normal wear and tear or destruction.

7.4 You will check Your Emblem upon delivery and will inform Us immediately should there be an error in the wording of Your Emblem

8 WARRANTY FOR THE GOODS

8.1 We guarantee that the Goods will be free from any material defects (including errors caused by us on the Emblem) for 12 months from the date of delivery to You.

8.2 If the Goods have a defect within this period, We can choose to either replace or repair such Goods. You will agree to meet the shipping costs. Your statutory rights are not affected by this guarantee.

9 OUR LIABILITY TO YOU

9.1 To the extent permitted by law and subject to clause 9.2:

9.1.1 Our total liability to You whether arising in contract, tort (including negligence), breach of statutory duty and/or breach of common law and/or any other legal basis shall not exceed the amount paid by You to Us under this Contract.

9.1.2 We shall not have any liability to You and/or any third party as a result of the provision of any incorrect Personal Information given to Us; any failure by You to notify Us of any changes in the Personal Information and/or Your failure to wear the Emblem; any failure by a clinical or emergency professional to (i) find the Emblem on You; or (ii) call Us with the correct Membership Number.

9.1.3 We shall not have any liability to You as a result of Our delay or failure to perform Our obligations under this Contract as a result of reasons beyond Our reasonable control including but not being limited to acts of God, war, flood, fire, labour disputes, subcontractor or supplier delays or failures, strikes, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

9.2 Nothing in this Contract shall exclude or limit any statutory rights which You have as a consumer; or our liability for death or personal injury due to our negligence.

10 TERMINATION

10.1 For Vulnerable Members as defined by Clause 1.1.16(a), but not as defined by Clause 1.1.16(b) this Contract will terminate when that Vulnerable Member reaches the age of 18 years before which We will contact the Vulnerable Member and offer to enter into a new contract with them in their own capacity. Notwithstanding termination of the Contract in such circumstances, We will keep the Personal Information We have at the time on the Member until such time as the Vulnerable Member contacts Us.

10.2 We may immediately terminate this Contract by written notice if You:

10.2.1 fail to make any payment when due; and/or

10.2.2 breach the Terms and Conditions of this Contract (and, if remediable, the breach has not been remedied within 14 days of receiving notice requiring it to be remedied), including, for the avoidance of doubt, if You provide any inaccurate Personal Information.

10.3 You may terminate this Contract on written notice to Us. We shall remove Personal Information from Our records provided that:

10.3.1 You request termination of this Contract in such form as We require from time to time;

10.3.2 The Member shall no longer wear and shall return and/or destroy all Emblems; and

10.3.3 We shall have no liability to You and/or any third party resulting from Our removal of Personal Information at Your request.

10.4 You acknowledge that in the event of termination of this Contract, and in particular should You continue to wear the Emblem, We have no duty to You, as to the provision of the Emergency Service or the maintenance of your Personal Information.

11 GENERAL

11.1 The Contract (including these Terms and Conditions) contains the whole agreement between You and Us. You confirm that You have not entered into this Contract on the basis of any representation that is not expressly incorporated into this Contract.

11.2 If any provision of this Contract is unenforceable, it shall not affect the enforceability of the remaining provisions of this Contract.

11.3 This Contract is governed by English law and You and We submit to the exclusive jurisdiction of the English courts.

SCHEDULE – PRIVACY POLICY

The MedicAlert Foundation is committed to protecting Your privacy. This Privacy Policy and Our Terms and Conditions explain how We will deal with any Personal Information that We collect or that is provided to Us about You.

Personal Information and how we use it

When an application for membership is made, We will need to know the Member's name, postal and email addresses, contact telephone numbers and the same details for any person nominated as the person We should contact in the event of an emergency. We will need to know the Member’s date of birth, occupation and the Member's relationship to the person We should contact in the event of an emergency. We will also need to know contact details for the Member’s preferred general practitioner, including details of any hospital under whose care the Member is registered, any other competent registered physician currently treating the Member, and the Member's medical information (including any disease or condition that the Member is suffering from and any medication taken by the Member or treatment undergone by the Member). We may discuss Personal Information with a named individual on the Member's behalf ("Nominated Representative") for whom We will also need contact details.

You may also provide Us with information regarding a Member’s personal preferences in respect of organ donation in the event of that Member’s death. If You and/or the Member choose to provide Us with this information, We will automatically disclose that particular information to the relevant organisation.

We will ask you to verify the Personal Information once a year.

This Personal Information allows Us to process Your application for membership to the Service and any orders You make with Us for Goods. The relevant Personal Information will then be used by Us, Our agents and/or Our sub-contractors (to whom We may transfer Personal Information for this purpose) to:

  • communicate with You and/or any Nominated Representatives to verify their identities and confirm Personal Information provided to Us;
  • provide You with copies of the Personal Information We hold for You to check the accuracy and notify Us of any changes;
  • communicate with You and/or any Nominated Representative on any matter relating to the provision of the Service;
  • communicate with the Member's preferred general practitioner, any hospital with whom the Member is registered and/or any other competent registered physician or emergency service provider (like the ambulance or fire services) treating the Member at any time on any matter relating to the provision of the Service;
  • provide the Goods and/or Service in general and in particular, the Emergency Service; and
  • administer and manage the Service We provide to You.

If any of the Personal Information You have provided to Us changes, please let Us know the correct details by sending an email to info@medicalert.org.uk or by sending Us a letter or by contacting Us by telephone on 0800 581 420. It is Your responsibility to keep Your Personal Information up to date at all times. If You notify Us of any changes to Your Personal Information, please note that We may not keep records of all communications You send Us once We have processed the relevant changes.

We may use aggregated and anonymised Personal Information and statistics for the purposes of analysing use of Our website and Service and may provide such aggregated and anonymised Personal Information to third parties. These statistics will not include Personal Information that can be used to identify any individual.

We would also like to use the Member's Personal Information to let You know about other activities including goods and services offered by Us or carefully selected third parties which We think may be of interest to You. This will not result in Us disclosing Your Personal Information to any third party. If at any time in the future you wish to stop receiving any marketing information from Us then please contact a member of our Medical Services Department on 0800 581 420, by email at info@medicalert.org.uk or by sending Us a letter.

Export of Personal Information

We do not share Your Personal Information with parties outside the UK except as part of the provision of the Emergency Service. If We receive a call as part of the Emergency Service from a competent registered physician or emergency service provider in another country, We will provide such physician or service provider with Your Personal Information as We would in the UK. You agree that in such circumstances, Your Personal Information may be exported outside the UK.

Cookies

When You visit Our website the pages You see, along with something called a cookie, are downloaded to Your computer. Cookies are software applications which store Personal Information about Your visit to a website on Your hard drive. Cookies do not identify You personally but do identify Your computer. You are able to disable cookies using Your browser software (for information on how to do this check Your browser instructions/help facilities). If You do disable the cookies, We cannot guarantee the performance of Our website or Service to You.

Security of Personal Information

The internet is not a secure medium and therefore it is an inherent risk that any email or other web-based Personal Information sent to Us may be liable to be compromised. We have several security procedures in place to try to protect Your Personal Information including access restricted to authorised staff only and firewall protection. We also keep Your Personal Information confidential.

Consent

By submitting Personal Information to Us, You consent to the use of that Personal Information as set out in this Privacy Policy and Our Terms and Conditions. If a clinical and/or emergency professional calls Our Emergency Service and is able to quote the Membership Number as engraved on the Member's Emblem and We are able to satisfactorily verify the identity of such clinical and/or emergency professional, We will disclose to that person the medical and/or Personal Information We hold and You specifically consent to this disclosure of Personal Information, which may include sensitive Personal Information, for the purposes of Our providing the Service. While We take all reasonable steps to verify the identity of the caller, We cannot be held liable in the event of identity theft or fraud.

Disclosure

We will disclose your Personal Information if required by applicable law or by a court or regulatory order.

Notification of changes

If we decide to change our Privacy Policy, We will post those changes on our website so our users are always aware of what information We collect, how We use it, and under what circumstances, if any, We disclose it. If at any point We decide to use Personal Information in a manner different from that stated at the time it was collected, We will notify users by email or by letter. Users will have a choice as to whether or not We use their Personal Information in this different manner. Continued use of Our Service and/or purchase of Our Goods will indicate that You agree to any such changes. We will use Personal Information in accordance with the Privacy Policy under which the information was collected.

How to contact us

If You have any questions about the Personal Information We hold about You or Our Privacy Policy, please contact Our Medical Services Department on 0800 581 420, by email at info@medicalert.org.uk or by post to 327 – 329 Upper Fourth Street, Milton Keynes, MK9 1EH.