1. Our Contract
These terms & conditions ("Website Terms") apply to your use of the Response Electronics Limited website at www.mismarthome.co.uk (the "Website", which term shall include all content on the Website), and to websites operated by Response Electronics Limited under the Trading names of: miSmarthome, MrDoorbell, Securicare and Securicare UK. You must read these Website Terms carefully, and we recommend that you print and keep a copy for your future reference. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Website Terms in their entirety. If you do not agree to these Website Terms in their entirety, you must not use the Website.
2. Privacy & Cookies Policy
3. Terms & Conditions relating to sales
If you order a product through the Website, our Terms & Conditions relating to sales will also apply. You can view these Terms & Conditions here.
4. Your use of the Website
4.1 You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else´s enjoyment of the Website.
4.2 All rights including copyright in this website are owned by or licensed to Response Electronics Limited. You may use, download and display the contents of this Website on a computer screen and also print one copy of such content, but solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:
• copy, reproduce, use or otherwise deal with any content on the Website;
• use the content of the Website for any commercial exploitation;
• modify, distribute or re-post any content for any purpose;
• reproduce, crawl, frame, link to or deep-link into this Website on or from any other website or application (app) or any other device connected to the Internet;
4.3 You may not use the Website for any of the following purposes:
• disseminating any unlawful, libellous, threatening, abusive, bullying, vulgar, obscene, or otherwise objectionable material;
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice;
• gaining unauthorised access to our or other computer systems;
• interfering or disrupting networks or web sites connected to the Website;
• making, transmitting or storing electronic copies of materials protected by copyright.
5. Use of this Website from outside the UK
Except where otherwise specified on this Website, the materials on this Website are displayed solely for the purposes of promoting Response Electronics products and services available in the UK. Those who choose to access this Website from locations outside of the UK are responsible for compliance with local laws if and to the extent that local laws are applicable.
6. Password/account security
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We will not be liable for any loss or damage which may arise as a result of any failure by you to protect your password or your account.
7. Ownership of rights
7.1 The content of the Website is protected by copyright, trade marks, database and other intellectual property rights. All rights, including copyright and other intellectual property rights, in and to this Website are owned by or licensed to Response Electronics Limited.
7.2 If you acquire any copyright or other intellectual property rights in the Website (whether by operation of law or otherwise), then you agree to assign (on a worldwide basis to the fullest extent permitted by law) those rights to Response Electronics Limited (including any rights you may have in user generated content that you submit through the Website). You will also unconditionally and irrevocably waive any and all moral rights you acquire in or to the Website.
7.3 You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
8. Website Availability
8.1 We cannot promise that the services at the Website will be consistently fault free. If a fault occurs in the service please report it to our Customer Services team email@example.com, we will attempt to correct the fault as soon as is reasonably practicable.
8.2 Access to the Website may occasionally be restricted or limited to allow for general maintenance or upgrades. Where possible we will endeavour to carry out such work during off-peak times and to restore access as soon as we can.
9. Accuracy of content
We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
10. Damage to your computer or other device
We try our best to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
11.1 If you do not receive goods ordered by you within 14 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
11.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
11.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
11.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
11.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights under the Sale of Goods Act relating to faulty and/or mis-described goods.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and any sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of the Website by you is defamatory, offensive, bullying or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.
13. Entire Agreement
14. Changes to these Website Terms
We reserve the right to change and update these Website Terms from time to time. We recommend that you revisit this page regularly to keep informed of the current Website Terms. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Website Terms.
15. Applicable Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
16.1 If any provision of these Website Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Website Terms, which shall remain in full force and effect.
16.2 A person who is not a party to these Website Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Website Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
16.3 The Website is owned and operated by Response Electronics Limited, Roman House, Ash Vale, Surrey, GU12 5QF.
Company Reg No: 3687517. VAT No: GB 563 9207 27
'Updated October 2015'