TERMS AND CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on 01634 567999.

1.1            What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2            Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2.              Information about us and how to contact us

2.1            Who we are. We are Kyndi Care Limited a company registered in England and Wales. Our company registration number is 10043013 and our registered office is at Innovation Centre, Maidstone Road, Chatham, Kent, ME5 9FD.

2.2            How to contact us. You can contact us by telephoning our customer service team on 01634 567999 or by writing to us at servicedesk@kyndi.co.uk.

2.3            How we may contact you. 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 in your order.

3.              Our contract with you

3.1            How we will accept your order. Our acceptance of your order will take place when we write to you to accept it or we tell you that we are able to provide you with the product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.

3.2            If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3            We only sell to the UK. Our brochure and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

4.              Our products

4.1            Products or packaging may vary slightly from their pictures. The images of the products in our brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images

4.2            If the products have software embedded within it. All copyright and other intellectual property in the software will be continued to be owned by KYNDI CARE Ltd. However, KYNDI CARE Ltd grant you a perpetual, irrevocable licence to use the software during the time that the Client is receiving the Services from KYNDI CARE Ltd. Except as may be allowed by law, the Client must not (and not permit any third party to) copy, adapt, modify all or any part of the software.

4.3            You must not remove the product from your home other than to return it to KYNDI CARE Ltd when this contract comes to an end.

4.4            Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us.

5.              Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6.              Our rights to make changes

6.1            Minor changes to the products. We may change the product:

(a)         to reflect changes in relevant laws and regulatory requirements; and

(b)         to implement minor technical adjustments and improvements, for example to address a security threat. If these changes will affect your use of the product we will explain this.

6.2            More significant changes to the products and these terms. We may make reasonable changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.

6.3            Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it we provided to you before you bought it.

7.              Providing the products

7.1            Delivery costs. The costs of delivery will be as told to you during the order process/ set out in our current price list.

7.2            When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services and subscriptions, we will also tell you during the order process when and how you can end the contract.

(a)         If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or we will contact you with an estimated delivery date or to agree a delivery date.

(b)         If the products are one-off services. We will begin the services on the date set out in the order or on the date we accept your order or on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

(c)         If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.

(d)         If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either you end the contract as described in clause 10 or we end the contract by written notice to you as described in clause 11.

7.3            We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4            Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours on weekdays (excluding public holidays).

7.5            If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.6            If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11 will apply.

7.7            If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 11 will apply

7.8            Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

(a)         we have refused to deliver the products;

(b)         delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c)         you told us  before we accepted your order that delivery within the delivery deadline was essential.

7.9            Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us  a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.10         Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8or clause 7.9, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery.  If the products have been delivered to you, you will have to return them to us  or allow us  to collect them, and we will pay the costs of this.

7.11         When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.

7.12         What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 11.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.13         Reasons we may suspend the supply of products or services to you. We may have to suspend the supply of a product to:

(a)         deal with technical problems or make minor technical changes;

(b)         update the product to reflect changes in relevant laws and regulatory requirements;

(c)         make changes to the product as requested by you or notified by us to you (see clause 6).

7.14         Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.15         We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 15.4) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 15.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 15.5).

8.              INSTALLATION

8.1            In order to receive the Service, the Product and associated equipment may need to be installed. Some Products and associated equipment may be supplied with step by step instructions for the Client to self-install. However, paragraph 8.2 will apply where the Client orders an installation service from KYNDI CARE Ltd.

8.2            KYNDI CARE Ltd will provide the installation service set out in the Order Form, in accordance with the Telecare Services Standard or such other service it considers appropriate from time to time in respect of the installation of the equipment.

8.3            For any appointments for an engineer that are not kept by the customer and where KYNDI CARE Ltd  has not been given 24 hours’ notice; a charge for the missed appointment will be incurred which is additional to the set up charges.

9.              Use of product and services

9.1            You  agree:

  • to notify KYNDI CARE Ltd of any planned absences from your premises;
  • to advise KYNDI CARE Ltd ’s office of all required information, as requested including health and family circumstances, which may affect the response to an emergency call or use of the Service, prior to use of an alarm unit;
  • to advise KYNDI CARE Ltd ’s office of any change in their circumstances including any update in personal information which may affect the response to an emergency call or use of the Service;
  • to supply the names and contact information of any third party to be contacted in an emergency, it is your responsibility to ensure that any third party is notified and is in agreement. KYNDI CARE Ltd  shall confirm the contact details with the nominated third party;
  • to arrange reasonable access to the your premises to allow for repairs, recovery or replacement of equipment;
  • to ensure that there are no more than three pieces of automated dialling equipment (phones, fax etc) in addition to any lifeline product in the property. If there are in excess of 4 pieces (including the lifeline), the lifeline will not work;
  • to maintain arrangements with any third party to facilitate key holder access in an emergency;
  • to replace the batteries in the equipment when required. This refers to the battery powered units and peripherals that take batteries that can be sourced by the customer;
  • to keep smoke detectors clean and in working order;
  • to pay all telephone costs relating to Low Battery and Fault Calls;
  • to pay all costs as outlined in the Individual Agreement and any updated versions of this agreement should changes to services or technology provided be requested at a later date. This also includes any price increase that may arise as notified by KYNDI CARE Ltd  to the client with not less than four weeks’ notice;
  • to ensure payment for the provision of the Service is paid on time;
  • to test the equipment through to the Monitoring Centre on a monthly basis; and
  • to keep the equipment connected to a landline telephone point; or mobile phone supplier integrated alarm unit; or mobile supplier GSM unit; it is the sole responsibility of the Client to ensure that the equipment is connected to one of the sources set out above and to ensure that the Client’s selected provider is able to provide good signal strength at all times and that the connection is on a pre-paid contract and not “pay as you go”.

9.2            You agree to maintain arrangements to ensure access to your premises in an event of an emergency. KYNDI CARE Ltd shall not be responsible for any injury, loss or damage caused by its employees, agents or any emergency services when gaining access to your premises in the event of an emergency that cannot be dealt with by other means; and that you will be responsible for the cost of securing and repairing any damage caused after a forced entry. This includes the use of bolts or chains on access doors to which a key is held in a Keysafe.

9.3            You are responsible for ensuring that you remove hazards that could cause potential harm or hinder the emergency services or any members of staff from reaching you during an emergency situation.

10.            Your rights to end the contract

10.1         You can always end the contract for the supply of a service or product before it has been completed. You may contact us to end your contract for a product or service at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 14, “If there is a problem with the products”).

10.2         What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided without additional charge. The reasons are:

(a)         we have told you about an upcoming change to the product or services or these terms which you do not agree to (see clause 6.2);

(b)         we have told you about an error in the price or description of the product or services you have ordered and you do not wish to proceed;

(c)         there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)         we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e)         you have a legal right to end the contract because of something we are legally at fault (but see clause 7.8 in relation to your rights to on end the contract if we deliver late.

10.3         You or your personal representative may cancel this Agreement on not less than four (4) weeks written notice to KYNDI CARE Ltd if you pass away or enter a full time nursing care home.

10.4         What happens if you end the contract without a good reason. Unless you have a right to end the contract immediately (see clause 10.2), the contract will not end until 30 days after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March. We may also deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract early.

10.5         Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. We will pay the costs of return. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.

11.            Our rights to end the contract

11.1         We may end the contract if you break it. We may end the contract for a product or service at any time by writing to you if:

(a)         you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;

(b)         you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c)         you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

(d)         you do not, within a reasonable time, allow us access to your premises to supply the services; or

(e)         breach any other important provision of this contract.

11.2         You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.3         We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days  in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11.4         Upon termination of this Agreement you shall return all products, alarms systems and associated equipment required to provide the service KYNDI CARE Ltd in good working order within 14 days. Liability for payment of the service will continue until the equipment is returned to KYNDI CARE Ltd in good working order.

11.5         Upon termination of this KYNDI CARE Ltd agreement shall

(a)         Send a freepost jiffy bag to return the equipment in

(b)         or arrange for an engineer to collect the equipment a cost for this option may be applied.

12.            Provision of services

12.1         KYNDI CARE Ltd shall provide the Services with all reasonable skill and care prudence and foresight and will use reasonable skill and care to be expected of a professional organisation providing services similar to the Services.

12.2         When purchasing a Keysafe you should check with your household insurance provider to confirm if any restrictions have been included in your insurance policy prior to installing a Keysafe.  In some instances having a Keysafe can invalidate your home or contents insurance.

12.3         KYNDI CARE Ltd shall as a result of a call activated by a sensor contact the nominated individual(s) in the first instance, at KYNDI CARE Ltd’s discretion, the emergency services may be required.

12.4         KYNDI CARE Ltd shall as a result of a call activated by a smoke detector contact the fire  service, unless the you advise us not to do so, and we is satisfied that you are safe and well.

12.5         All products, alarm systems and associated equipment remain the property of KYNDI CARE Ltd and repairs to alarm systems shall be undertaken us or our agents or subcontractors.  Subject to paragraphs 13.1 to 13.4 below KYNDI CARE Ltd shall restore any malfunctioning or failed alarm systems and associated equipment to good working order at no cost to you.

12.6         Neither you or your personal representatives shall not carry out repairs on alarm systems and associated equipment.

12.7         KYNDI CARE Ltd  shall not be under any obligation to replace alarm systems  and associated equipment or effect repair work to alarm systems  and associated equipment free of charge in respect of any failure or damage caused by or consequential upon any misuse or abuse of the alarm systems  and associated equipment by the client or arising from impact or dropping the alarm systems  and associated equipment or exposure of the alarm systems  and associated equipment to excessive heat or fluctuation in the quantity or quality of the mains electricity supply.  KYNDI CARE Ltd can charge a reasonable rate for such replacement or repair work.

12.8         KYNDI CARE Ltd will attend to all breakdowns in accordance with KYNDI CARE Ltd’s Telecare Service Standards.

13.            Repairs and refunds

13.1         In the unlikely event of the Services being interrupted due to equipment problems, you must allow KYNDI CARE Ltd engineers to visit your home to carry out any necessary repairs or replacement to the Product (“Repairs”).

13.2         Repairs will be carried out as soon as possible, KYNDI CARE Ltd  will aim to rectify Critical Status Faults within one (1) working day and all other faults within five (5) working days of being notified of the fault. Critical Status Faults in each and every case shall be determined exclusively by KYNDI CARE Ltd.

13.3         You must call for repairs as soon as you notice any damage, defect, fault or other failure in the Product.

14.            If there is a problem with the product

14.1         How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01634 567999 or by writing to us at servicedesk@kyndi.co.uk.

14.2         Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage, please contact us for a free returns label or collection.

15.            Price and payment

15.1         Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the price of product advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the product you order.

15.2         We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

15.3         What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

15.4         When you must pay and how you must pay. We accept payment with debit or credit cards.

(a)         you may be required to make an advance payment of the price of the services, before we start providing them. If we take any part payment, we will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within 30 calendar days after the date of the invoice.

15.5         We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Natwest Bank 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 any overdue amount.

15.6         What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

16.            Our responsibility for loss or damage suffered by you

16.1         We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

16.2         We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 14.2 and for defective products under the Consumer Protection Act 1987.

16.3         When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. If defective digital content which we have supplied damages a device or digital content belonging to you we will either repair the damage or pay you compensation.

16.4         We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.            How we may use your personal information

17.1         How we will use your personal information. We will use the personal information you provide to us:

(a)         to supply the products to you;

(b)         to process your payment for the products; and

(c)         if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

17.2         We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

17.3         We will only give your personal information to third parties where the law either requires or allows us to do so.  Our privacy policy is available on our website http://kyndi.co.uk/privacy-policy/

18.            Other important terms

18.1         We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

18.2         You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

18.3         Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4         If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5         Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.6         Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

18.7         Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Medway Council via their website at www.Medway.gov.uk.

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