Definitions: In These Conditions
The following are the terms and conditions for use of the Wrist-Assured Website or any Internet site to which the Website is linked (the "Website"). This Website is for use by people who are 18 years and over only.
- “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
- “Customer” means the person specified in the Order Confirmation on the Website as purchaser of the Goods from the Seller;
- “Force Majeure” means, in relation to any person, any circumstances beyond the reasonable control of that person (including, without limitation, any strike, lock out, picket or other form of industrial action or any threatened industrial action);
- “Goods” means the articles which the Customer agrees to buy from the Seller, as specified in the Order Confirmation on the Website;
- “Order Confirmation” means the Order Confirmation on the Website issued by the Seller in respect of the Goods;
- “Price” means the price for the Goods, which is (save, in each case, to the extent otherwise stated in the Order Confirmation on the Website) inclusive of packaging and VAT and exclusive of carriage unless otherwise stated;
- “Seller” means Wrist-Assured;
- “VAT” means any value added tax and any goods and services, sales or other turnover tax, imposition or levy of a like nature chargeable in respect of the sale of the Goods to the Customer.
Use And Security
The Customer is entirely responsible for any and all activities that occur under their Account which is provided to the Customer by the Seller. The Customer agrees to notify the Seller immediately of any unauthorised use or any other breach of security. The Customer is responsible for maintaining the confidentiality of their registration information (including without limitation and as applicable, any log-in or password), and for all uses of their registration information, whether or not authorised by you.
Accordance With Specification
All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Goods.
If any manuals, folders or safety instructions are provided with the Goods, the Customer agrees to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if the Customer is inexperienced in using the Goods or are unsure of their abilities, the Customer should always seek expert advice and assistance.
The Seller reserves the right at all times to place advertisements and promotions on the Website.
Proprietary Rights To Content
The Customer acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to the Customer by the Website, by the Seller, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Seller considers all of its intellectual properties to be very important assets and will protect them from unauthorised use by others. Except as expressly provided herin, the Seller does not grant any express or impled right or license to the Customer to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of the Seller or of any other contributor of Content to the Site.
Modification Of Terms
The Seller may terminate the Website with or without cause at any time and effective immediately. In addition, the Seller, in their sole discretion, may terminate the Customers Account for violation of the letter or spirit of these terms and conditions or any other reason the Seller may deem appropriate.
The Conditions shall apply to all contracts for the sale of Goods by the Seller to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order or otherwise.
All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to the Conditions.
Payment of the Goods by the Customer shall be deemed conclusive evidence of the Customer’s acceptance of the Conditions.
Any variation to the Conditions shall be inapplicable unless evidenced by writing signed on behalf of the Seller by a duly authorised person. The Customer is notified that no person has been authorised by the Seller in this regard, and further, that no person may be taken by the Customer to have any such authority unless such person has presented to the Customer a written instrument, signed by a director of the Seller, conferring upon such person such authority in connection with the Goods.
Price And Payment
The Price of the Goods shall be the Price set out in the Order Confirmation on the Website.
The Customer shall pay direct to the Seller the Price, including VAT and cost of delivery (where applicable) specified in the Order Confirmation on the Website, on the date specified in the Order Confirmation on the Website.
The Seller is entitled to make adjustments to the Price, without prior notice, to take account of any increase in the Sellers supplier's prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Goods on the Website is wrong.
The quantity and description of the Goods shall be as set out on the Website. The Seller shall be entitled to vary the design and/or specification of any Goods to be supplied without prior notice.
Subscription Renewal. The Seller will E-mail the Customer and/or telephone the Customer to advise of the renewal due date and payment amount. Should the Subscription not be renewed by the last day of the current valid and existing Subscription, the Customer's Helpline Registration will be deemed as cancelled. The Wearer of the Awareness Identity Bracelet may continue to wear the Bracelet, however should the Seller be contacted regarding the Wearer, the Seller will be unable to take any action.
Subscription Cancellation. The Customer may cancel their Subscription at any time. Their cancellation will take effect at the end of the current Subscription Term.
In the event they cancel their Subscription, the Seller may still send the Customer promotional communications about Wrist-Assured, unless they opt out of receiving those communications by following the unsubscribe instructions provided in the communications.
No Refunds on Subscriptions. When the Customer cancels a Subscription, the Customer cancels only future charges for their Subscription. The Customer will not receive a refund for the current Subscription Term they paid for, but they will continue to have full access to that Subscription until the end of that current Subscription Term. At any time for any reason, the Seller may provide a refund or discount, to some or all of their users. The amount and form of such refunds or discounts, and the decision to provide them, are at the sole and absolute discretion of the Seller. The provision of refunds or discounts in one instance does not entitle the Customer to refunds or discounts in the future for similar instances, nor does it obligate the Seller to provide refunds or discounts in the future.
Prices. The Seller reserves the right to adjust pricing for their Paid Services or any components thereof in any manner and at any time. Any price changes will take effect following notice to the Customer.
Note. Any Paid Services are personal to the Customer and may not be used by any other person. The Customer will not allow anyone else to use their Paid Services, and they will not transfer any Subscription or disclose their password to any other person. The Customer will immediately report to the Seller any unauthorised or prohibited use of their Paid Services.
The Seller warrants that it will have the right to sell the Goods to the Customer at the time at which title to the Goods is to pass to the Customer, and further warrants that the Goods will be fit for such purposes as may be specifically notified in writing by the Seller to the Customer.
All other warranties, conditions or terms relating to the Goods (other than those provided for in Section 12 of the Sale of Goods Act 1893), whether Implied by statute or common law or otherwise, are excluded.
Right Of Withdrawal (Right Of Cancellation)
The Customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day in the case of a sales contract: ‘on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the Goods, or the withdrawal period will expire after 14 days from the day in the case of a contract relating multiple Goods ordered by the Customer in one order and delivered separately: ‘on which the Customer acquires or a third party other than the carrier and indicated by the Customer acquires, physical possession of the last Good.’ To exercise the Customers right of withdrawal the Customer must inform the Seller of the Customers decision to withdraw from this contract by an unequivocal statement (e.g. by telephone or email). Please inform name, address, telephone number, email address and details of the order including the date when the Goods were received. To meet the withdrawal deadline, it is sufficient for the Customer to send a communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.
All returns must include one of the following:
- A copy of your email order confirmation - with address & order number visible, or
- A note with your full order name, billing address, contact telephone number, and order number
In the unlikely event the Customer wishes to return a Wrist-Assured Identity bracelet these returns must be made using a service that requires a signature, for example, An Post Track & Trace, to ensure that both parties have proof that the item has actually been returned to our premises. The Customer is liable for the cost of any returns.
Note: You must notify Wrist-Asured by phone or email before sending an item back. If you do not, any applicable refunds may take up to 30 days to process.
Title to the Goods shall not pass from the Seller until; the Customer has paid the Price including VAT and carriage in full (where applicable), after which time the Goods become the Customers sole responsibility.
Remedies Of Customer & Seller’s Liability
In the event of a breach by the Seller of any warranty in relation to the Goods, the Customer’s sole remedy shall be to reject the Goods to which such breach of warranty relates. Upon such a rejection of the Goods, the Seller shall refund to the Customer that part of the Price which relates to such Goods to the extent that it has been paid by the Customer. Following such rejection and refund, the Customer shall have no further rights whatever in respect of the breach of warranty.
Without prejudice to the previous point, and in each case to the fullest extent permitted by applicable laws, (a) the Seller shall not be liable to the Customer for any indirect or consequential loss, damage, cost or expense of any kind which the Customer may suffer or incur, which arises out of, or is connected with, a breach by the Seller of these Conditions or of any other obligation of the Seller, (including, without limitation, any loss of opportunity, loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings), irrespective of whether the Customer’s claim for recovery in respect of that loss, damage, cost or expense is (or would but for this provision be) founded in contract, tort (including negligence) or otherwise, and irrespective of whether or not the Seller has been advised of the potential for the loss in question; and (b) in no event shall the liability of the Seller to the Customer in respect of, or in relation to, or in connection with the Goods, whether arising in contract, tort or otherwise, exceed the amount (exclusive of VAT) actually paid by the Customer to the Seller in respect of the relevant Goods.
If either the Seller or the Customer is affected by Force Majeure it shall forthwith notify the other party of the nature and extent thereof. Neither the Seller nor the Customer shall be deemed to be in breach of any of the Conditions, or otherwise be liable to the other by reason of any delay in performance, or non-performance, of any of its obligations hereunder, to the extent that such delay or non-performance is due to any Force Majeure of which it has notified the other party hereto; and the time for performance of that obligation shall be extended accordingly.
If any of the Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in any other jurisdiction of that or any other Condition.
Law And Jurisdiction
All contracts between the Seller and the Customer in respect of, or in relation to, or in connection with, the Goods and any non-contractual obligations arising out of or in connection with any such contracts are governed by and shall be construed in accordance with the laws of Ireland. For the benefit of the Seller, the Customer hereby agrees that the courts of Ireland shall have non-exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Goods or their sale to and purchase by the Customer and, for such purposes, the Customer Irrevocably submits to the jurisdiction of the courts of Ireland.
Certain links on this site will lead to websites that are outside of our control. They are provided solely for your convenience and do not constitute any endorsement of any third party products or services. We accept no responsibility for any loss, damage you sustain, or potential inaccurate information obtained by visiting these websites.
The Seller (Wrist-Assured Ltd) makes great efforts to ensure that the content it provides on the site is accurate and current. However, the Customer acknowledges that:
a. The Seller makes no representation or warranty of any kind regarding the Site or the Content, and each Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content or any Service;
b. The contents of the Site, including any medical information, are provided for informational and educational purposes only and are not intended to provide medical advice and should not be relied upon in that regard;
c. The Customer will be solely responsible for any Content you provide to the Seller, including without limitation for its truthfulness and accuracy;
d. The Site, the Content and each Service are provided on an "AS IS" basis and that any use of or reliance on this Site or any Content shall be at your sole risk;
e. The Customer is solely responsible for safeguarding their own computing environment and is solely responsible for safeguarding any personal or medical information you provide, access or download from this Site.
WRIST-ASSURED LTD MAKES NO, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESSS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, WRIST-ASSURED LTD DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.