MORTAL Membership Terms and Conditions

Transcription

1 MORTAL Membership Terms and Conditions 1. General This document sets out the terms and conditions of your Membership and is the agreement between You and MORTAL Limited. It is important that you read and understand the information so you know what will be provided to you as a member and what is expected of you in return. 2. Eligibility MORTAL Membership is only available to UK residents over 18 years old. 3. Definitions The words in this section have the meanings shown: Accident Assistance Contact Emergency Rescue Fault Accident Fee Home I.C.E. Helpline ID Label ID Tag Member Membership A Fault or Non-Fault accident that has caused damage to you and or your bicycle. In the event of an accident, we will endeavour to assist you as much as possible to ensure you are safe and secure which will include using the information you have registered to notify your contacts of the situation and advise those trying to assist you of the medical details you have registered. Anybody You register as a Contact on the Website. Part of the Service where Mortal facilitates getting You and or Your Bicycle back to Your Home or repairer as necessitated by the situation or otherwise agreed with You. In the case of a Non-fault Accident we will also arrange that any associated costs will be paid by the other party. Where you are involved in an Accident deemed to be a Fault Accident, You will be liable for costs associated with the Emergency Rescue. An Accident that is deemed to be as a result of your actions or omissions. The amount payable for your MORTAL membership as notified during the application or renewal process. Your permanent place of residence in the UK. The In Case of Emergency accident assistance telephone helpline available as part of the Service The labels containing a unique identification number per label pack and our I.C.E. Helpline telephone number supplied to each Member by us. The tag containing a unique identification number and our I.C.E. Helpline telephone number supplied to each Member by us. You during the Term. Your MORTAL membership, which entitles you to use the Service for which you pay the Fee. Membership Kit The collection of items provided to you by us when you first become a Member, which includes; 1 x ID Tag, 1 x Label Pack and Welcome Letter. Non-fault Accident Purchase Date Renewal Date Renewal Letter Services Start Date Term United Kingdom, UK An accident that is not deemed to be as a result of your actions or omissions. The date the Fee was paid and shown on the receipt from where Membership was purchased. The renewal date shown in your Welcome Letter and subsequently in your Renewal Letter at the time of each renewal of your Membership. The Renewal Letter or sent to you at least 45 days prior to expiry of each Term, which will contain details of any additions, amendments and Fee changes to Your Membership. The collection of service features detailed in these terms and conditions collectively known as the Emergency Rescue and Assistance service. The start date is the date You register on the Website or 30 days from the Purchase Date, whichever is sooner. 12 months from the Start Date or Renewal Date. England, Scotland, Wales and Northern Ireland. We, us our, Mortal Mortal Limited (a company registered in England with number ). Website Welcome Letter You, Your The Welcome Letter or sent to you upon Mortal accepting your application and which forms a part of your agreement. The UK resident who has paid the Fee and registered on the website. 4. Membership and Services By registering for Mortal Membership following payment of the Fee, You are accepting these Terms and Conditions and agree that; You are eligible (see Eligibility section) You will register on the website within 30 days of purchasing your Membership You will maintain accurate information on the Website MORTAL Membership Terms & Conditions V1.0 Page 1 of 5

2 You are entitled to use all the features of the Service and agree that we can use the details you have registered on the website as described in the Your Information section of this agreement. If you need to amend your personal details, including a change of address, amending payment details or to cancel your Membership, you will need to do this by logging on to the Website and amending the details personally. On cancellation or expiry of your Membership, each Member s rights to and access to the Services will also end. Your Membership provides; Mortal ID Tag A unique emergency ID tagging service that ensures your I.C.E. contacts are professionally notified in the event of an emergency. Rather than a stranger alerting your family or friends of a worrying incident, an experienced agent will take full control of the situation and make sure your Mortal I.C.E. contacts are alerted effectively and, if required, advise the emergency services of any necessary personal medical conditions you may have. Mortal ID Label Pack In addition to the Mortal ID Tags, each member will receive a pack of Mortal ID Labels. These labels further assert your unique identification number and publish our Mortal I.C.E. Helpline telephone number. To ensure that that the emergency services or your rescuer notices your I.C.E. instructions, make sure these labels are attached to your helmet, bike or other accessories. Mortal I.C.E. Helpline When your rescuer calls our Mortal I.C.E. Helpline, our agents will respond to your needs. Using the information recorded under your Membership Profile, the experienced agent will kick start the following process: Establish a full account of the incident, identifying who, when, what and where the accident occurred. Pass any necessary medical information on to the emergency services Understand the condition of the Member and, if required, record what actions will proceed. Establish whether the Member requires rescue services. Call, and SMS all relevant I.C.E. contacts, outlining all actions and incident information. Post emergency follow up to determine whether legal support is required. Mortal Emergency Accident Rescue If required, we will facilitate getting you and your bike back to your home or repairer as necessitated by the situation or otherwise agreed with you. In the case of a Non-fault Accident, we will assist in the recovery of any associated costs accrued during your rescue from the other party s insurer. Mortal Assistance Where the accident is not your fault, Mortal, using Winn Solicitors Ltd (Winn), can arrange the following post incident support*: Bicycle Accident Claims Specialists A specialist team of cycling claim solicitors and case handlers dedicated to providing the best support and service on a no win no fee basis. Legal Support The legal advice and representation needs no upfront costs if your case goes to court although this rarely happens as Winn s has an excellent record for retrieving compensation and costs without needing to resort to court action. Medical Consultations, Rapid Physiotherapy and Rehabilitation Minor and serious injuries are common in cycling accidents. When left untreated, injuries can worsen and be problematic for significantly longer. Winn s provide rapid assessment and treatments to our Members, getting you back to health fast. The cost of medical attention is charged to the other party s insurer in a non-fault accident. Claiming for Damaged Equipment MORTAL Membership Terms & Conditions V1.0 Page 2 of 5

3 It s not just the bike that can be claimed for after an accident. The cost of equipment such as helmets, gloves, lights, shoes and clothing can run into the hundreds of pounds. Winn s collect these costs from the third party insurers. *Subject to terms and conditions Mortal Members Special Offers As a Mortal Member, you will be entitled to Mortal Special Offers. These offers extend your membership services and provide essential specialized products that guarantee further emergency support - see Mortal Shop and Members Area for current offers. Mortal Sports Nutrition Nutrition is an important means of bike survival, without it a cyclist's energy can quickly become depleted. Make sure you keep stocked up and never leave home without energy bars or gels. Mortal provides a selection of leading brand sports nutrition at low cost, thus ensuring that you never cycle empty handed. Mortal ID Mobile App (Available from July 2014). One of the most important non cycling accessories is your mobile phone; most responsible cyclists never leave home without it and, in the event of an emergency, it could become a real life saver. Download the Mortal ID Mobile App and make sure that your rescuer has access to your unique identification number and Mortal I.C.E. Helpline telephone number, all immediately accessible from your phone s lock screen. 5. Conditions and Exclusions Our ability to provide the Service relies on you giving us as much information as possible about you, who you wish us to contact and any pertinent medical information. If you have failed to register enough information we will endeavour to do our best with what you have provided. We are not responsible for any costs you incur in connection with an Accident, including any amounts which you have to pay for getting you and or your bicycle Home or any other agreed destination, emergency services or any other directly or indirectly related costs. However, we may be able to claim costs back on your behalf through insurance you or a third party has in force at the time of the accident. 6. Term and Renewal Your Membership will run throughout the term, unless terminated or cancelled as stated under the Cancellation and termination section of this agreement. At the end of the term, your membership will automatically renew for a further term unless you notify us otherwise. 7. Fees Mortal Membership and its features are available to you during each term in return for you paying the Fee. We will advise you of the Fee for renewal of your Membership and your Renewal Date at least 45 days before the expiry of each Term. 8. Cancellation and Termination You can cancel your agreement and obtain a full refund prior to registering on the Website or 15 days following purchase, whichever is sooner. Once you have registered on the website you can cancel at any time and no further fees will be payable from that date. However, no fees already paid will be refundable. Your agreement will end on whichever of the following happens first: the date your agreement is cancelled by you or Mortal; the date you cease to be resident within the UK; at our discretion if the Membership fee is not paid. We may cancel your agreement at our discretion by giving you at least 30 days notice in writing, including by . If this occurs you may be entitled to a pro rata return of the fees. 9. Transfer of Rights and Obligations MORTAL Membership Terms & Conditions V1.0 Page 3 of 5

4 Membership can be purchased as a gift but once registered is non-transferable. This means that only members are entitled to the rights provided under this agreement. Following registration you cannot transfer, assign, charge, subcontract or otherwise dispose of your rights or obligations under this agreement or give your Membership away to someone else. For example, you cannot sell your rights under this contract to someone. Mortal may engage other parties to perform all or any of our obligations under this contract on our behalf but only to those we reasonably believe are capable of performing them properly. We may also transfer, assign, charge, sub-contract or otherwise dispose of our rights or obligations under this agreement without restriction. 10. Choice of law Unless Mortal agrees otherwise, the language of your agreement and all communications relating to it and your Membership will be English. Your agreement is governed by and interpreted in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with your agreement shall be subject to the non- exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile if you are domiciled in Scotland or Northern Ireland. 11. Waiver of Terms and Conditions If we choose not to enforce a term or condition contained in this agreement, this will not prevent us from enforcing that term or condition later or relying on that term or condition in the future. 12. Changes to Your Membership We will notify you in writing regarding any material changes to the services, your agreement or the fees. Wherever possible, we will endeavour to notify you of such changes at least 30 days in advance of them taking effect. If this happens, please review your rights under the Cancellation and termination section of this agreement. 13. What to do in the event of an Accident Try and keep calm and do not admit liability. Call the Mortal I.C.E. Helpline and we will advise you what to do and facilitate what sort of Assistance you require. 14. Complaints If you have cause for dissatisfaction and wish to complain about the service elements of this service or about the way in which Membership was sold, please contact Mortal by using the contact form on the website or writing to: Customer Services, Mortal Limited, Hascem House, Strother Close, York YO42 2GR quoting your ID Tag number. We will do our best to answer your complaint within five working days. If we have not replied to your complaint by then, we will send you an acknowledgement letter to keep you informed of progress. If we have not resolved your complaint to your satisfaction within eight weeks from when you first contacted us you may refer your complaint to the Office of Fair Trading. 15. Your Information Your details will be stored securely and used by Mortal to administer your Membership, which includes but is not limited to: contacting the people you have registered as Contacts; advising emergency services and medical staff; assisting members of the public to help you if you are unable to speak with us in the event of an accident reporting a lost or stolen bicycle; and trying to claim costs covered by insurance We will also use your information to inform you of other products and services in line with the marketing permission you agreed to at registration. These can be amended on the website at any time but please be aware it may take several weeks for changes to take effect. MORTAL Membership Terms & Conditions V1.0 Page 4 of 5

5 Personal data which relates to you may be accessed by third party service providers based in countries outside the European Economic Area (EEA) such as USA. European data protection law permits the export of personal data to other countries subject to the provision of adequate levels of protection for the processing of such personal data. MORTAL will take steps to ensure that where it transfers your personal information outside the EEA, adequate safeguards are put in place to protect your personal information as data protection standards in those countries may differ from those in the EEA. You are entitled to a copy of all of the information held about you for which Mortal may charge you 10. For more information about our data processing activities please contact Mortal by using the contact form on the website or writing to: Customer Services, Mortal Limited, Hascem House, Strother Close, York YO42 2GR quoting your ID Tag number. 16. Call Recording We may record calls to assist with training and delivery of our service. 17. Liability and Warranties This section (and any other clause excluding or restricting our liability) applies to Mortal s directors, officers, employees, subcontractors, agents and affiliated companies. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. Without prejudice to the rest of your agreement, Mortal s liability of any kind in respect of any services or otherwise shall be limited to the amount equal to fees payable by you in any twelve month period under your agreement. In no event will Mortal be liable for any damage, loss, cost or expense caused to you where such damage, loss, cost or expense is not reasonably foreseeable to you and us when you agreed this contract, including, without limitation, where the damage, loss, cost or expense: i. results from our negligence, or our breach of these terms and conditions; or ii. arises from your use of, or your inability to use, any aspect of the Service (or any part of it) for whatever reason (unless due to our breach of this agreement); we make no representations or warranties, express or implied, statutory or otherwise, as to any benefit or right that you obtain or expect to obtain as a result of your use of the Service; and we shall not be liable for any loss, damage, costs or expenses you suffer as a result of any failure or delay by us in providing the Service where such failure or delay arises out of any event outside of our reasonable control. Such events shall include any act, omission or accident, for example, acts of God; strikes and other industrial disputes; breakdown of computer systems or network access; fire or explosions, or power failure. If any provision of your agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of your agreement which shall remain in full force and effect. MORTAL Membership Terms & Conditions V1.0 Page 5 of 5