The terms & conditions of use which relate to services provided by Acticheck are as follows:
ADMINISTRATOR means someone who has administration rights for a WEARER
RESPONDER means someone who responds to a WEARER alert
USER means anyone who uses the Acticheck system
WEARER means someone who wears a band
THE ASSURE™ means a combination of hardware and software that together delivers the personal monitoring and alert system
DATABASE means the system comprising the database, communications and system logic
MYACTICHECK.COM means the User portal /control panel giving access to the Database and relationship management controls
PUCK means the encapsulated electronic device, which communicates with the database (via internet connection)
ALERT means the Responders are contacted in sequence with a voice call until one accepts responsibility
INCIDENT means the band, base or smartphone tells the database that a change in status of one of the measured parameters has been detected
NOTIFICATION means the method in which the database communicates with Responders/Administrators following an incident
SNAPSHOT REPORT means information regarding recent movement of the band, temperature, battery level and capacitive reading, which is sent to the database at a set interval.
I’m OK CHECK means a sequence that is run at User defined times requiring confirmation of wellbeing by a button press. This can be used as a medicine reminder.
b. Continuing subscriptions. At the end of the initial service period a renewed or ongoing subscription will be required to continue using the service. Where a Direct Debit, or other form of recurring payment, has been arranged this will be automatic. Where no recurring payment is in place We will contact the Wearer and/or Administrator(s) towards the end of the service period to inform them of renewal options.
c. The Yearly Plan includes a new replacement puck at the beginning of each new subscription. With the Monthly Plan We will monitor the battery function and send out a replacement puck as is needed to ensure continuous service. This is expected to be less frequently than once a year.
d. Online User accounts, for Wearers or for Responders and Administrators use to manage their relationships, are free of charge. It is also possible for Responders to be nominated who do not set up an online User account (i.e. phone only). User accounts are not time limited.
e. The Monthly plan is paid in arrears commencing 30 days after delivery.
f. The Monthly plan can be cancelled by sending notification to firstname.lastname@example.org. Once the initial agreement period is completed the current month will be due but the service and payment for the following month, and all further months, will be cancelled.
Cancelled equipment/accounts can be reactivated upon a further monthly payment plan being put in place.
g. Swapping from a Yearly plan to a Monthly plan commences at the end of the Yearly Plan period subject to a recurring payment arrangement being in place. This can be arranged by notifying email@example.com.
a. Every new Responder linked to an account will be asked to agree to the relationship and will also have any linked telephone numbers validated via a text message or voice-call
b. E-mail addresses will also be validated
c. We will send daily e-mail updates of changes and responses to invitations to each User who is linked and recorded as an Administrator
d. We will send out a monthly reminder to all Users asking whether the contact information has changed.
b. Our order process is designed to allow you to be clear on the Assure and exactly what associated services you are ordering, it is your responsibility to ensure your order correctly reflects the Assure and associated services you wish to purchase.
c. We reserve the right to amend the prices of the Assure and associated services and any orders that have not been dispatched may be subject to the amended prices. The prices quoted include standard delivery charges whilst any enhanced services will be offered at a premium.
d. The prices shown for the Assure and associated services include VAT (where applicable) at the current rate chargeable in the UK. If the rate of VAT changes between the date of your order and the date on which you have paid for your Assure and associated services in full your order will be subject to the adjusted rate of VAT. Certain Users may be able to claim exemption from VAT.
b. Any attempt to defraud the Acticheck Service through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment will result in immediate termination of your account, and active pursuit of civil litigation and / or criminal prosecution. You must not make payments to us with money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you.
b. Acticheck is responsible for delivery to the address you supply to us. The Assure System will be at your risk from the time of delivery and it is your responsibility to ensure that a responsible adult is able to accept receipt. We recommend that you arrange relevant insurance cover with a replacement value of at least £100.
b. In the event of a failure, which is your responsibility, Acticheck will replace elements of the system at the following rates provided you call Acticheck Customer Services and report the need for replacement. The replaced elements will be deactivated as replacements are activated. The replacement cost may incorporate a charge for service that has been provided before the failure occurs at the following rates:
Plus Postage and credit card fees at the prevailing rate.
a. You have been found to have breached these Terms or any additional terms.
b. You have been found to have infringed, or You are in Our view are likely to infringe any intellectual property rights.
c. You have had your approval of use withdrawn at some point in the past (including the time when the application to open an Acticheck Account was made).
d. You have included false or erroneous information (including spoofing) or omitted information in your application.
e. You are found to be either underage, under guardianship, or someone unable to act on his own account who has not obtained the approval of the designated proxy or custodian in registering for an Acticheck Account.
f. For any other reason we judge you to be unsuitable for holding a User account.
Without prejudice to any other rights, even when an application has been approved, We reserve the right to (i) terminate agreement(s) with the relevant User(s) and/or (ii) close the account(s) of Users and/or (iii) withdraw approval from an applicant whose application is later found to correspond to any of the limitations described immediately above.
Usage fees and all other liabilities paid or due in relation to your use of the Assure and associated services, during the period of time between application and decision making by Acticheck to cancel the application for registration due to reasons itemized in the foregoing articles or for any other reason, shall be paid by you.
b. You may be unable to use some of the Assure and associated services outside the country associated with your account. As per Section 18, you must comply with the laws which apply to you in the location from which you access the Assure and associated services. If any applicable laws restrict your usage of the Assure or any associated services, you must comply to the full extent with the local laws and or regulations and Acticheck cannot and will not be liable for any resultant restrictions in the Assure’s functionality nor services. Accordingly, We may monitor the location from which you appear to access the Assure and associated services and may use techniques which are intended to block access from any location in which participation in the Assure and associated services may be illegal or restricted as we may determine in our sole and absolute discretion from time to time.
c. You may not sell, assign, or otherwise transfer your User account to another person.
a. restrict or limit access to the Assure and associated services;
b. retrieve information from any connected peripheral device used to log onto the Assure and associated services as necessary to operate and protect their security and to enforce these Terms; and
c. upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Assure and associated services, or any hardware or software associated with them, from time to time without notice. We may do so by the automatic download of related software directly to device, including software that prevents you from accessing the Assure and associated services or using unauthorised hardware peripheral devices.
d. Any changes to the services or products will be notified in the ‘User Guide’, which is available at myacticheck.com. Changes which Acticheck consider significant will also be communicated to Users directly either in the next general credential and availability check or in a specific message.
b. the Assure system needs cloud connectivity, this variously can be via an internet router, a cellular base and / or a smartphone. You are responsible for ensuring the suitability, reliability and coverage of the Internet Service Provider and mobile network operator for the intended use. Though Acticheck has negotiated a multi-network cellular subscription you are responsible for ensuring that there is internet access for your intended location.
c. Acticheck is not responsible for communication failures beyond its control though will inform Administrators of any failure.
a. You understand that use of the Assure and associated services is at your own risk and that we provide the services on an “as is” basis “with all faults” and “as available.”
b. We do not guarantee the accuracy or timeliness of information available from the Assure and associated services.
c. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this agreement is intended to affect those rights, if they are applicable.
d. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the services will be uninterrupted, timely, secure, or error-free or that content loss will not occur.
b. You can recover from us for all successful claims only direct damages up to a total amount equal to the fees you paid for your Assure and associated services. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits for which we shall have no liability. This limitation applies to anything related to this agreement, for example:
i. the Assure and associated services;
ii. loss of data;
iii. your content, third party content (including code), third party programs, or third party conduct;
iv. viruses or other disabling features that affect your access to or use of the Assure and associated services;
v. incompatibility between the Assure and associated services and other services, software, or hardware;
vi. delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Assure or Services in an accurate or timely manner; and
vii. claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; omission; strict liability; negligence; or other tort.
b. You must not attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sub-license, distribute, or use for other purposes any intellectual property rights contained within the Assure and associated services, any game, application, or other content available or accessible through the Services, or any hardware associated with the Assure and associated services. If you do so, we may cancel your account and your ability to access the Assure and associated services, and We retain the right to pursue other legal remedies. We may take any legal action we deem appropriate against Users who violate our systems or network security, this contract or any additional terms incorporated or referenced in this contract. Such Users may also incur criminal or civil liability.
c. Any software or content (e.g., text, images, video, graphics, music, sound, or games) (for purposes of this section, we refer to all of these, as applicable, as “Software”) that Acticheck provides as part of the Assure and associated services are licensed and not sold. The license is according to these Terms unless separate license terms are provided or referenced. We may also automatically download upgrades to the Software to update, enhance, and further develop the Assure and associated services. We reserve all other rights not expressly granted in this contract. The Software license ends when your Assure and associated services end unless we notify you otherwise. You must not work around any technical limitations in the Software.
b. No warranty is made regarding the results of usage of the Assure and associated services or that they will meet the User’s requirements or that the Assure and associated services will operate uninterrupted or error-free.
c. Acticheck warrants that upon delivery and for a period of 12 months from the date of delivery, the Acticheck Device will be free from defects in materials and workmanship.
d. The Assure is water resistant to ISO 2281. This means it is suitable for day to day wear including showering, bathing and surface swimming. If the User has not tampered with or otherwise damaged the puck any failure caused by water ingress shall be deemed a defective device.
e. Acticheck shall not be liable for a breach of this warranty unless: (a) You give written notice of the defect to Acticheck within 14 days of the time when you discover or ought to have discovered the defect; and (b) Acticheck is given a reasonable opportunity after receiving the notice of examining such Device and you (if asked to do so by Acticheck) return such device to Acticheck at your cost for examination to take place there.
f. If any Device does not comply with the warranty set out above (“Defective Device”), then, subject to clauses below, Acticheck shall at its cost, expense and discretion use all reasonable endeavours either to repair or replace the Defective Device within 10 working days of receipt of the Defective Device.
g. Subject to payment by you of Acticheck’s charges in force from time to time for accelerated replacement Acticheck shall at your request replace any Defective Device within 72 working hours of receipt of the Defective Device by Acticheck.
h. Acticheck shall not be liable for a breach of the warranty above:
i. to the extent that it is attributable to further use of such Device after giving the written notice referred to above;
ii. if the defect arises because the User failed to follow Acticheck ’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Device;
iii. that is attributable to fair wear and tear, abuse, improper use or use in an environment or for a purpose for which the Device was not designed or intended by Acticheck;
iv. if you alter or repair such Device or any part thereof.
i. If Acticheck complies with clauses 35.f and 35.g it shall have no further liability for a breach of the warranty in clause 35.c in respect of such Device. Any repaired or replacement Device will be warranted on these terms for the unexpired portion of the original warranty period.
j. If Acticheck receives written notice from you of any breach of the warranty in clause 35.c, then Acticheck’s sole liability shall be, at its sole discretion, to: (a) remedy the breach within a reasonable time and without charge to you; or (b) refund such proportion of the Purchase Price as shall correspond to the period during which the breach took place.
k. Except as expressly stated in these Terms and Condition all other warranties, representations (unless made fraudulently), terms and conditions are excluded to the fullest extent permitted by law.
b. When you visit Our website or send e-mails to us, you are communicating with us electronically. Notwithstanding the communications needs of alerts and notifications, we may communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
c. You acknowledge that there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient.
Acticheck Customer Service Team
For information on customer support, please go to our website www. Acticheck.com or you may contact us from the UK on 0345 25 75 080
Acticheck Ltd (‘Acticheck’ ‘We’) are committed to protecting and respecting your privacy.
This policy (together with our terms and conditions and any other documents referred to) sets out the basis on which any personal data we collect from you or that you provide to us will be managed by us.
For the purposes of the General Data Protection Regulations (GDPR), the data controller is Acticheck Ltd of The Old Gun Rooms, 17 High Street, Saffron Walden, Essex, CB10 1AT.
To effectively deliver the service through the Assure system there are several pieces of information that we must collect and retain. This ensures that we can provide the continual continuous monitoring of your welfare and the ability to contact your pre-assigned responders in the event of an alert being raised. This information can also be used for you, or another authorised person, to view your welfare remotely.
We may also use this movement and alert data to provide better services for all our users, as we continuously review our service offering. The use of this data will be aggregated and used anonymously.
Data derived from the information that we collect will be anonymised and aggregated, and may be provided to public bodies for information on the general health and wellbeing of the population or may be sold commercially.
It is important to remember all of your data is secured with the latest technology consistent with the system needs and, unless where stated above, is released to no one that you (the account holder) have not authorised, unless Acticheck are compelled to for legal reasons (see note below).
At no point will any personally identifiable information be passed to any third party without your specific consent, unless we are compelled to for legal reasons (see Legal Release of Data, below).
Throughout this document the following terms are used:
Data protection compliance
Your personal information shall be transmitted and held in accordance with the General Data Protection Regulations and all of your data is held securely using the latest industry standards available at the time of this policy statement.
Your data falls into the following categories:
Information we collect and how it is used
Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used.
Where we store your personal data
The Acticheck data is stored within the EU at two separate site (to ensure resilience) and according to GDPR standards.
Use of Third-Party Data Processors
We use third party Data Processors to provide functions which contribute to the overall service We provide, such as automated telephone calls, SMS and email. Those Third-Party Data Processors which are used and outside of Europe are all certified under ‘Privacy Shield’ to maintain the standards of data handling as set out in GDPR (please see www.privacyshield.gov for more information).
Cookies are small text files which are downloaded to your computer’s hard drive (or other device e.g. mobile phone, used to access a website) when you visit certain web pages. Cookies are useful because they allow a website to recognise a user’s device, allowing you to navigate efficiently between pages, remembering user preferences and generally improving your user experience. They can also be used to tailor information, (including advertising), to your interests, to provide us information such as number of visitors to a site, pages visited, length of time spent on the site. All the information that cookies collect is aggregated and therefore anonymous.
To opt out of Google Analytics for all websites visit: https://tools.google.com/dlpage/gaoptout
You may refuse the use of specific cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of Acticheck.com and myacticheck.com.
For more information, please visit www.aboutcookies.org
By using our websites you are consenting to the processing of data about you by Google in the manner and for the purposes set out above, to the other Terms of this Privacy Statement and to our website general Terms and Conditions.
Accessing and updating your personal information
You, or anyone to whom you have granted Administrator status, can view and update your data at any time using a web browser at my.acticheck.com.
Retention of and automatic deletion of personal data
We keep data only when it is necessary for the provision of the service. As a matter of course we retain all information necessary to perform the service while Wearer subscriptions are ongoing or have lapsed for less than 3 months.
After this period the subscription will be considered lapsed and all data from any account which was solely associated the lapsed account will be purged from the system.
All data reported by the band and base is automatically purged after a month. Please note that partial data may reside on our archival systems for backup purposes for a period of up to 50 days
Discretionary deletion of personal data
If you have an online account (one linked to an email address) you can edit and alter any information which relates to your information or relationship to wearers and responders. If you would like to purge the account in its entirety from the Acticheck records please contact your service provider who has the facility to do this. Please note that partial data may reside on our archival systems for backup purposes for a period of up to 50 days.
Refusing email communications
Acticheck have three types of emails that We send:
Legal release of data
We will share personal information with companies, organisations or individuals outside Acticheck if we have a belief in good faith that access, use, preservation or disclosure of the information is reasonably necessary to:
If you have any questions concerning this document please contacts us via firstname.lastname@example.org
These rules (Rules) set out the terms for use of the Community Message Board (the Board), which apply to all users. Any submission of material by you to the Board means that you accept, and agree to abide by, all the terms and conditions of these Rules.
The Rules supplement our terms of website use.
The Board is a site operated by Acticheck Ltd (‘We’). We are registered in England and Wales under company number 08892416 and we have our registered office at The Old Gun Rooms, 17 High Street, Saffron Walden, Essex, CB10 1AT.
The Board is not currently moderated. We will not be responsible as author, editor or publisher of any contribution submitted to the Board and we expressly exclude our liability for any loss or damage arising from the use of the Board by any person in contravention of these Rules. We reserve the right to promptly remove, or to disable access to, any Contribution, which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.
Use of the Board by minors
The use of the Board by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Board that it is important that they communicate with their children about their safety online. Minors who are using the Board should be made aware of the potential risks to them and of their obligation to comply with these Rules when using the Board.
We will do our best to assess any possible risks to minors from third parties when they use the Board, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. Acticheck Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
A Contribution must not:
If you are offended by a post or topic please use the ‘Report Inappropriate Content’ button to alert us. Please do not use this facility simply because you disagree with a Contribution; if this is the case you are able to post a reply stating your opposing opinion. When doing so do not make any personal attacks. If you disagree with another member’s view please state your case without attacking or insulting others and treat other contributors with respect.
By submitting a Contribution to the Board, you agree to grant Acticheck Ltd a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, Acticheck Ltd will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. Acticheck Ltd may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. Where possible your approval shall be sought before such use.
Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trademark of any other person. By submitting your Contribution to the Board, you are warranting that you have the right to grant Acticheck Ltd the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to Acticheck Ltd, please do not submit the Contribution to the Board.
Breach of these Rules
We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
If you wish to complain about any Contribution posted to the Board, please contact us at email@example.com. We will then review the Contribution and decide whether it complies with our Content Standards. We will deal with any Contribution, which, in our opinion, falls below our Content Standards as described above in accordance with the “Breach of these Rules” section, above.. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
Changes to these Rules
We may revise these Rules at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
© Copyright Acticheck Ltd, 2021 | UK company registration: 08852416