YourStride Agreement

1. Introduction

1. This agreement applies to the provision by AE Partners Limited (trading as YourStride), a company registered in England and Wales with company number 11392413 whose registered office is at Gemma House, 39 Lilestone Street, London, England, NW8 8SS, to you of the Watch and a monitoring service based on using the Watch as a personal alarm.
2. Capitalised terms in this agreement shall have the meaning given to them in clause [2] below.
3. Before placing an Order, please read this agreement carefully and make sure that you understand its contents. By placing an Order, you agree to be bound by this agreement. If ordering online, you will need to confirm that you agree to this agreement before you complete your Order. If you are placing an Order over the telephone, you should review this document upon receipt, upon which you shall have 30 days to cancel your Order. If you have any questions or concerns please email [email protected].
4. You can only purchase the Goods and Services from the Website if you have capacity to enter into a contract and are at least 18 years old.
5. An Order constitutes an offer by you to purchase the Goods and subscribe for the Services in accordance with this agreement.

2. Interpretation

1. In this agreement:

Billing Date means the date upon which the Service Charge is due;

Billing Period means (i) initially the period starting on the date when an Order is placed and ending on the day immediately preceding the next Billing Date, and (ii) thereafter, the period starting on a Billing Date and ending on the earlier of the next Billing Date or the date of termination or expiration of the Services;

Consumer means an individual acting in their personal capacity;

Customer or you means, as applicable, you or where you are accessing the Services on behalf of a friend or relative, such other person;

Delivery Location means the Customer’s home address or other location as set out in the Order;

Distance Contract means a contract concluded between a trader and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in an accessible manner for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Fees means the Registration Fee and the Service Charge;

Goods means the Watch and any ancillary goods or products that we supply to you in connection with the Services, of the number and description as set out in the Order or as subsequently agreed between the Customer and the Supplier;

Order means the Customer's order for the Goods and Services from the Supplier as submitted following the step-by-step process set out on the Website or any other process that we advertise;

Order Confirmation means an email or phone call from the Supplier confirming that the Order has been received, accepted and processed;

Privacy Policy means the terms that set out how we will deal with confidential and personal information received from you;

Registration Fee means the one-off registration fee;

Service Charge means the regular payment paid each Billing Date to cover the cost of the Services;

Services means the services advertised on the Website, namely the monitoring of, and response to, alarms triggered using the Watch, as set out in the Order;

Subcontractor means a person or business which has a contract with us to provide some or all of the Services, including but not limited to the care team responsible for monitoring calls made through the Watch;

Supplier, us or we means AE Partners Limited (trading as YourStride), a company registered in England and Wales with company number 11392413 whose registered office is at Gemma House, 39 Lilestone Street, London, England, NW8 8SS;

Watch means the YourStride; and

Website means our website yourstride.com on which the Goods and Services are advertised.

3. Services

1. The description of the Services is as set out on the Website.
2. To provide the Services, a Subcontractor may be used. The Supplier and the Subcontractor will use best efforts to provide a prompt response to any call/alarm made through the Watch.  You acknowledge and agree that upon receiving a call through the Watch, the Supplier and/or the Subcontractor will use their discretion to determine the most appropriate response. Such responses may include contacting (i) an emergency contact; (ii) a person with a key to your property; (iii) your next of kin; (iv) your general practitioner or other doctor; (v) the emergency services; or (vi) such other person as may be deemed appropriate or necessary in the circumstances. In accordance with clause [5.8], it is your responsibility to provide us with the correct details of the persons described in this clause [3.2].
3. The Services use the same mobile network infrastructure as mobile telephones, the cost of which is included in the Service Charge. You acknowledge and accept that the Watch will not trigger an alarm when you are in an area with no network coverage. You also acknowledge that you may not use the Watch outside of the United Kingdom.
4. You may choose to use the automatic fall detection system on the watch. This uses a sensor to detect hard falls and if one is detected, initiate a call to our monitoring team. Like most similar devices on the market, it cannot be guaranteed that it is able to detect all falls and we make no claim that it is able to. You should never rely on this system to make a call and always call the emergency services yourself as per clause [3.5].
5. You should always call the emergency services in the first instance if (i) you require immediate assistance in person; (ii) there is any delay in the Watch triggering an alarm; (iii) if you do not receive a response from the Supplier or the Subcontractor; or (iv) there is a mobile network outage. If you have any concerns about network coverage in your home, area or places you plan to visit whilst wearing the Watch, please email [email protected].
6. We may make changes to the Services which are necessary to comply with any applicable law, regulation or safety requirement. We will notify you of these changes in writing within a reasonable period of time. For the avoidance of doubt, your continued use of the Watch shall be taken as acceptance of such changes to the Services.

4. Goods

1. The description of the Goods is as set out on the Website.

5. Customer responsibilities

1. You shall co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services, with access to any premises under your control as reasonably required and obtain any necessary licences and consents.
2. You agree that it is your sole responsibility to ensure you are wearing the Watch and that you charge the Watch’s battery as necessary.
3. You agree that you shall not abuse, as determined by us in our sole discretion, the Services and shall not intentionally trigger the Watch’s alarm in circumstances where you do not require any assistance. Testing the Watch in accordance with clause [5.4] will not amount to a breach of this clause [5.3].
4. You must test the Watch to check functionality upon receiving the Watch. We suggest that you test the watch once per month.
5. You must inform us immediately at team@yourstride.com if the Watch malfunctions or you suspect that it is malfunctioning.
6. You agree that you will not tamper with or damage the Watch in a way that means the Watch can no longer be used in an emergency.
7. You agree that you shall only use the Watch to contact the Supplier and/or any Subcontractor where your health is at risk due to illness, disease, falls, slips or injuries. In the event of an emergency you should call the emergency services to avoid any delays. You acknowledge that the Watch and the Services are intended to provide assistance and to supplement calling the emergency services and you agree that you will not rely on the Watch and Services, to act as a replacement for such emergency services. You shall not use the Watch or Services to expect assistance in any non-health related emergency, such as burglary, theft, assault, fire or during the occurrence of a natural disaster.
8. In order for the Supplier to provide you with a useful and appropriate Service, you shall ensure that all information provided to us is accurate and that you shall email us if there are any amendments to the details provided. It is your responsibility to ensure that any information or specification you provide is accurate.

6. Basis of Sale

1. A contract for the Goods and Services is made between you and us when you receive an Order Confirmation.
2. When an Order has been submitted on the Website, we can reject it for any reason, although we will endeavour to tell you the reason without delay.
3. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
4. You must ensure that the details you provide are complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in your Order. By placing an Order you agree to us confirming your Order by means of an email (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after you submit the Order, but in any event not later than the delivery of any Goods supplied under this agreement, and before performance of any of the Services begins.
5. No variation of this agreement, whether about description of the Goods and Services or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
6. You agree that you are entering into this agreement as a Consumer. If this is not the case, you must contact us, so that we can provide you with separate terms and conditions available for businesses and other organisations.

7. Fees and Payment

1. You agree to pay the Fees. If you do not pay the Service Charge as they fall due, we reserve the right to suspend or terminate the Services.
2. The minimum length of this agreement is one Billing Period, subject to your rights as a Consumer to cancel this agreement.
3. You shall pay the Registration Fee, first Service Charge payment and any additional delivery charges in accordance with clause [7.5] and you shall pay the subsequent Service Charge payments as they fall due (depending on the payment option selected). Unless otherwise agreed in writing, the price payable for the Fees, delivery charges or other charges shall be in accordance with the price list on the Website for the package option selected by you on the date you place an Order. The Service Charge may be calculated on a fixed price or on a standard monthly or annual rate basis or any other pricing metric as set out on the Website. Your price payable will depend on the option that you select when placing the Order.
4. Fees and charges include VAT at the rate applicable at the time of the Order.
5. You must pay by submitting your credit or debit card details with your Order and we can process your payment immediately or, at the latest, before delivery of the Goods or the provision of the Services.
6. We may, solely at our discretion, increase or decrease the Service Charge or amend the Billing Date and/or Billing Period from time to time, upon giving you at least 1 months’ notice in writing of our intention to do so. In such event, you will be entitled to terminate this agreement upon 14 days’ written notice.  In such circumstances, this agreement shall be deemed terminated at the next Billing Date following the expiry of the 14 day notice period. For the avoidance of doubt, your continued use of the Watch shall be taken as acceptance of such changes to the Service Charge, Billing Date and/or Billing Period. If you have any questions about the Service Charge, Billing Date and/or Billing Period or changes thereto, please email [email protected].
7. Where you have agreed to access the Services on behalf of another person, you shall remain responsible hereunder for the Fees and the other obligations under this agreement, as if you are the person receiving the Services.

8. Delivery

1. We will deliver the Goods to the Delivery Location within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Order Confirmation is received by you.
2. In any case, if we do not deliver the Goods on time, except in the case of events beyond our control, you may (in addition to any other remedies) treat this agreement as at an end if:

1. we have refused to deliver the Goods; or
2. after we have failed to deliver on time, you have specified a later period in writing to us within which it is appropriate in the circumstances (as agreed between the Customer and the Supplier) and we have not delivered within that period.

3. If you treat this agreement as at an end in accordance with clause [8.2], we will (in addition to other remedies) promptly return all payments made under this agreement in accordance with your statutory rights. If the Goods have been delivered in the interim, you must return them to us and we will pay the reasonable costs associated with this.
4. If you were entitled to treat this agreement as at an end in accordance with clause [8.2], but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered in accordance with your statutory rights.
5. We do not generally deliver to addresses outside the United Kingdom. If, however, we accept an Order for delivery outside this area, you may need to pay import duties or other taxes.
6. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and/or redelivering them.

9. Risk and Title

1. You acknowledge that the Goods are being provided to you so that you may access the Services and that risk and title of the Goods passes to you upon delivery.
2. You further agree that you will use the Goods in accordance with your responsibilities under clause [5].
3. We are only responsible for the cost of repairing or replacing the Goods (replacement value approximately £100) where damage is caused by mechanical fault of the Goods in the 12 months after delivery that is not the result of damage caused through your acts or omissions. For the avoidance of doubt, you are responsible for the cost of replacing or repairing the Goods in all other circumstances.
4. If full payment of the Fees is overdue or a step occurs towards your bankruptcy, we can choose, by written notice to you, to cancel any delivery and end any right to use any Goods, in which case you must return them.

10. Withdrawal and Cancellation

1. If you simply wish to change your mind, you can withdraw your Order by telling us before the Goods are shipped to you, without giving us a reason and without incurring any liability.
2. This is a Distance Contract which has certain cancellation rights, as set out below. These cancellation rights, however, do not apply to a contract for the following Goods in the following circumstances:

1. if the Goods are made to your specifications or are clearly personalised; or
2. if the Goods are liable to deteriorate or expire rapidly.

Right to cancel

3. Save as otherwise stated in this agreement, you can cancel this agreement within 14 days without giving any reason.
4. The cancellation period of this agreement will expire after 30 days from the day on which you acquire or a third party, other than the carrier, acquires physical possession of the Goods.
5. To exercise the right to cancel this agreement, you must inform us of your decision to cancel this agreement by a clear statement in writing by email at team@yourstride.com or over the phone setting out your decision. We will communicate to you an acknowledgement of our receipt of such a cancellation in a Durable Medium without unreasonable delay.
6. In order to meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel within the cancellation period.
7. Following your cancellation of this agreement, the Goods must be returned to us without delay and in any case within 14 days of the date you exercised your right to cancel this agreement. For the avoidance of doubt, the deadline is met if you send back the Goods before the 14 day period has expired. We recommend that you keep reasonable evidence that you have returned the Goods within the 14 day period. You agree that if you choose to cancel this agreement in accordance with this clause [10.7] you will bear the cost of returning the Goods.

Commencement of Services in the cancellation period

8. We may begin the supply of the Services before the end of the cancellation period, unless you have made an express request in writing for us not to do so.

Effects of cancellation in the cancellation period

9. Except as set out below, if you cancel this agreement within the cancellation period, we will reimburse to you all payments received from you, excluding the costs of delivery, unless otherwise communicated to you.

Payment for Services commenced during the cancellation period

10. Where Services have been provided within the cancellation period and you exercise your right to cancel this agreement, we may charge you for your use of the Services in the cancellation period up to the date that we receive your notice of cancellation. After we receive such notice, we will cease to provide such Services. The amount that you may be charged for the use of the Services during the cancellation period will be calculated in proportion to what has been supplied in comparison with the full cost of the Service Charge for the relevant Billing Period.

Deduction for Goods supplied

11. We may make a deduction from the reimbursement to be made to you pursuant to a cancellation made in the cancellation period for any loss in value of any Goods supplied, in particular if the loss is the result of unnecessary handling by you, including but not limited to any handling of the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods.

Timing of reimbursement

12. We will make the reimbursement without undue delay, and not later than:

1.  14 days after the day we receive back from you all Goods supplied, or
2.  (if earlier) 14 days after the day you provide reasonable evidence (for example evidence of recorded delivery with the Royal Mail) that you have sent the Goods back to the correct address, as detailed on our Website.

13. If no Goods have yet been delivered, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this agreement.
14. We will make the reimbursement by means of either bank transfer or cheque (at our discretion), unless otherwise agreed in writing between us; in any event, you will not incur any charges as a result of the reimbursement (subject to clauses [10.10 and 10.11] above).

11. Conformity and Guarantee

1. We have a legal duty to supply the Goods in conformity with this agreement, and will not have conformed if it does not meet the following obligations:

1. Upon delivery, the Goods will:

1. be of satisfactory quality (within the Sale of Goods Act (1979), as amended);
2. be fit for any purpose held out by us or set out in this agreement, relying on the Supplier’s skill and judgment to determine whether such Goods are fit for purpose;
3. be free from defects in design, material and workmanship and remain so for 12 months after delivery; and
4. correspond to their description on the Website and in this agreement.

2. We will supply the Services with reasonable care and skill. If you do not believe that we have supplied the Services with reasonable care and skill please contact the team at [email protected].

12. Duration, Termination and Suspension

1. Either you or we may terminate this agreement or suspend the Services at any time by written notice of termination or suspension to the other if that other:

1. commits a serious breach, or series of breaches resulting in a serious breach, of this agreement and the breach either cannot be fixed or is not fixed within 30 days’ written notice; or
2. is subject to any step towards its bankruptcy or liquidation.

2. The Supplier, in its sole discretion, may terminate this agreement at any time if the Customer is deemed to be using the Service excessively or inappropriately, including but not limited to the circumstances described in clause [5] (to be determined in the sole discretion of the Supplier) or has been deemed to have tampered with or damaged the Watch in accordance with clause [5.6].  
3. Either you or we may elect to terminate this agreement for any reason by providing 30 days’ written notice. This agreement shall be deemed terminated at next Billing Date following the expiry of the 30 day notice period.  
4. Unless your Service is terminated in accordance with clauses [12.1-12.3], your subscription to the Service will renew for a Billing Period equivalent in length to the then-expiring Billing Period. The Service Charge for any subsequent Billing Period will be as agreed subject to any variation in the Service Charge made in accordance with clause [7.6].
5. Upon termination of this agreement for any reason, you must, at your own cost, dispose of the Goods or alternatively, if agreed with us in writing or over the phone, return the Goods to us at the correct address, as detailed on our Website.
6. On termination of this agreement for any reason, any of each of your and our respective remaining rights and liabilities will not be affected.

13. Circumstances beyond the control of either party

1. In the event of any failure by us in fulfilling our obligations to you under this agreement because of something beyond our reasonable control:

1. we will advise you as soon as reasonably practicable in writing; and
2. our obligations will be suspended so far as is reasonable, provided that that we will act reasonably, and we will not be liable for any failure which we could not reasonably avoid, but this will not affect your right to cancel.

2. Such circumstances include, but are not limited to: power failure, loss of electrical supply, internet service provider failure, mobile network provider failure, data failure, inaccurate location data, acts of God, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action and any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition.

14. Privacy

1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
2. This agreement should be read alongside, and are in addition to our policies, including our Privacy Policy (yourstride.com/privacy) and cookies policy (yourstride.com/cookies).
3. We retain and use all information in accordance with the Privacy Policy.
4. For the purposes of this agreement:

1. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

5. We are a Data Controller of the Personal Data we Process in providing the Goods and Services to you.
6. Where you supply Personal Data to us so that we can provide Goods and Services to you, and we Process that Personal Data in the course of providing the Goods and Services to you, we will comply with our obligations imposed by the Data Protection Laws:

1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
2. we will only Process Personal Data for the purposes identified;
3. we will respect your rights in relation to your Personal Data; and
4. we will implement technical and organisational measures to ensure your Personal Data is secure.

7. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: [email protected].

15. Limitation of Liability

1. The Supplier does not exclude liability for: (i) any fraudulent act or omission or (ii) death or personal injury caused by negligence.
2. Subject to clause [15.1], so long as the Supplier shall have acted in good faith and shall not have been finally determined by a court of competent jurisdiction to be guilty of actual fraud, the Supplier shall not be liable to the Consumer in connection with any of the matters contemplated by this agreement for (i) loss due to mistake in judgment, (ii) any action or inaction taken or omitted, or (iii) any loss due to the mistake, action, inaction, negligence, dishonesty, actual fraud or bad faith of any third party including the Subcontractor.
3. As you are making this agreement as a Consumer (and therefore we understand that you are not buying the Goods or using the Services wholly or mainly for your business, trade, craft or profession), we are not liable for any loss, including loss of profit, to your business, trade, craft or profession.
4. Subject to clauses [9.3, 11.1 and 15.1], the Supplier shall not be held liable for the failure of or any damage to the Goods once they are in the Customer’s possession.
5. Subject to clause [15.1], the Supplier shall not be held liable if the person or service contacted must gain forced entry to your property.
6. Subject to clause [15.1], the Supplier's total liability to the Customer shall not exceed the Fees paid by you during the Billing Period immediately prior to the event giving rise to the claim. The Supplier's total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement.
7. Subject to clause [15.1] and in accordance with clauses [3.3, 3.4 and 3.5], the Supplier does not accept any liability for any cost, damage, expense of loss suffered by you as a consequence of you failing to call the emergency services or because you attempt to use the Watch in an area without network service or you relied on the automatic fall detection feature to initiate a call. The use of the Watch does not remove your obligation to call the emergency services in the first instance if (i) you require immediate assistance in person; (ii) there is any delay or failure of the Watch triggering an alarm; (iii) if you do not receive a response from the Supplier or the Subcontractor; or (iv) there is a mobile network outage.

16. Assignment

1. This agreement is personal to the Customer and the Customer shall not assign or transfer its rights and obligations under this agreement.
2. The Supplier may at any time assign or transfer this agreement provided that the Supplier gives prior written notice to the Customer.

17. Waiver

1. A waiver of any right or remedy under this agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
2. A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.

18. Severance

1. If any provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

19. Governing law, Jurisdiction and Complaints

1. This agreement (including any non-contractual matters arising out of or in connection with the agreement) is governed by the law of England and Wales.
2. Disputes shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
3. This agreement contains the entire agreement between us and you in respect of our provision of the Goods and Services to you.
4. The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
5. We try to avoid any dispute, so we deal with complaints as follows: if a dispute occurs the Customer should, in the first instance, contact us to find a solution. We will aim to respond with an appropriate solution within 5 business days.

20. Miscellaneous

1. If you have any questions or concerns please email team@yourstride.com.
2. You expressly agree that we may contact you by using e-mail, other electronic communication methods or pre-paid post.