FEAR ID Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBSCRIBING AND PURCHASING A PRODUCT FROM FEAR-ID YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, AT OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF CHANGES BY UPDATING THE FEAR.ID WEBSITE.
THE TERMS AND CONDITIONS YOU AGREE TO, UPON PURCHASING A SUBSCRIPTION, WILL BE THE TERMS AND CONDITIONS IN FORCE DURING YOUR ENTIRE MEMBERSHIP.
IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT PURCHASE FROM FEAR-ID
These terms and conditions apply to ALL services, products, subscriptions, websites, and your FEAR-ID account.
By subscribing to a Fear-ID account, and/or placing an order you agree to a contract with us and be bound by the terms and conditions below.
If you do not agree to be bound by these terms and conditions you may not:
- Use our service
- Purchase our Fear-ID products
- Access or edit your personal data through our website.
If you have any queries relating to these terms and conditions, please contact our Fear-ID representatives by email: [email protected]
Definitions
In our Terms and Conditions, these words have the following meanings:
Active Acceptance- This means your acceptance of the Contract, by indication on the Order Form.
Authorised Representative- this means the person identified on the Order as being either: the parent of a Minor or guardian of a Vulnerable Member; and/or a person acting under a lasting or enduring power of attorney on behalf of a Vulnerable Member
Contract- This includes any contract between You and Fear-ID for the provision of the Service and/or Goods;
Fear ID product- this means any physical item ordered by You from Fear-ID or to be supplied by Us to You.
Emergency Profile- This means the provision of access to an emergency profile through which first responders can access the Personal Information that You save onto your Emergency Profile;
Controller, data controller, processor, data processor, data subject, personal data, processing and appropriate technical and organisational measures, have the same meanings as set out in the Data Protection Legislation in force at the time.
Force Majeure Event- this means any event or circumstance beyond a party’s reasonable control.
Lapsed Phase- this means a period of time where Your Personal Information is held on Our system but is not made available.
Member- this means the person identified on the Order Form applying for subscription of The Fear-ID;
Offer- this means the proposal from Fear-ID to You for Goods and/or Service based on Your Order;
Order- this means the request by You from Fear-ID for Goods and/or Service;
Order Form- this means the form containing details of the Order placed by You with Fear-ID for the provision of the Service and/or Goods;
User ID- this means the unique identification number assigned by Fear ID to You to identify You in our records/online system;
PIN- this means the unique identification number assigned by Fear-ID to you to identify You in our records/online system alongside your User ID number.
Emergency profile/ personal information- this encompasses all personal data provided to Fear-ID by You, including, but not being limited to name, address, date of birth and address, details on Your medical condition (including any specific diseases, illnesses and/or allergies and any implants You may have, medication You may be taking and choices for medical treatment) and any documents you have provided to us. The information You provide then create your emergency profile which will be accessible to first responders after entering your unique User ID and PIN
Privacy Policy- this means our policy for use of the Member’s Information as indicated within the Privacy Notice displayed here;
Shared Personal Data- this means the personal data to be shared between the parties under this agreement. Shared Personal Data shall be confined to the Personal Information.
Minor- this means a Member who is under the age of 18 years
Vulnerable Member- this means a Member who is either: unable to give their informed consent; and/or is mentally or physically incapacitated in some way that prevents them from entering into this Contract themselves;
Website- this means www.fear-id.co.uk and any other Domain names which lead to www.fear-id.co.uk
You- this means the person entering into this Contract with Fear-ID who may become either: the subscription/account holder; and/or an Authorised Representative of the Vulnerable or Minor Member.
1) Your order
When You subscribe to Fear-ID, an Order Form will be completed with the Personal Information You provide.
1.1 By completing the Order Form, you will be deemed to have provided Active Acceptance of these terms and conditions and by doing so you will be deemed to have entered into a legally binding Contract with Fear-ID which incorporates these terms and conditions, the terms set out in the Order Form and the Privacy Policy.
1.2 We may refuse at Our sole discretion to: accept any Order from You
1.3 Once we have received Your order, your items will be processed and a unique User ID and PIN will be assigned to your subscription which you will receive with your product. Your order to be processed immediately.
2) The service we provide to our subscription members
2.1 Any first responder may scan the QR code, or enter the Fear-ID web address into their smart device found on your Fear-ID product. They will then be required to enter your unique User ID and PIN, found on your Fear-ID product, to access your emergency profile.
2.2 Your emergency profile details are as You deem appropriate to assist with medical treatment or render other support. The data you include in your emergency profile is of your choosing. It is your choice as to how much, or how little, detail you provide and make accessible to the first responder.
2.3 By entering into this Contract, You give Your consent to your data being shared outside the UK and EU for the purposes described in these Terms and Conditions. You agree that any information you provide on your Emergency Profile can be accessed by anyone, in any Country, who may have your User ID and PIN.
3) What you need to do to receive the service and/or the goods
3.1 Fear-ID receive updates and amendments from You in respect of the Personal Information We hold on our website.
3.2 By entering into a Contract, you give Your consent to the Personal Information being used and released in accordance with these Terms and Conditions and Our Privacy Policy.
3.4 You understand that the Personal Information You provide and save as part of your Fear-ID account can be critical in the event of an emergency and the need to Use our Service. You also understand Fear-ID can only rely on You to ensure that Your Personal Information is accurate, up-to-date, complete and truthful. In providing Your Active Acceptance (and any time thereafter when You update Your emergency profile on the website or place a new Order), You agree that the Personal Information You provide Fear-ID will at all times be a truthful and accurate record of the Personal Information You wish to be disclosed to any first responder and/or clinical or emergency professional in the event of an emergency and You acknowledge that any clinical or emergency professional to which the Personal Information is disclosed via your emergency profile, are entitled to rely on such Personal Information.
3.5 Fear-ID cannot access your personal Information or emergency profile. Such information is secured by a password of your choosing.
3.6 You are responsible for ensuring that the Personal Information on your emergency profile is complete, accurate and up to date and You will update any changes to your information promptly. You acknowledge that it is Your responsibility to keep Your Personal Information and emergency profile up to date and that Your failure to do so can result in the first responder not being able access accurate information on You when they gain access to your Emergency profile.
3.7 As an absolute minimum You will check and update your Personal Information on your emergency profile at www.fear-id.co.uk, annually, at renewal, and update any changes as required.
3.8 The Individual who holds the subscription will be the only person who wears the Fear-ID product. We advise that said individual should only wear their Fear-ID product when all Information is accurate.
3.9 If the subscription holder/member does not wear their Fear-ID product, this may delay the provision of emergency medical treatment, since the first responder may not be able to identify the Member’s medical condition so readily. The Member acknowledges this and assumes all risks in this regard.
3.10 If a person is acting as an Authorised Representative for a Vulnerable Member or Minor, We may assume that the Authorised Representative is empowered to act on behalf of the Vulnerable Member.
3.11 As you are the sole subscription holder, You undertake that You will not share your online login and password with anyone else. You also agree to receive all your member communications via email. You will have the option to also receive marketing information if you choose to.
4) Price and payment
4.1 The price for the Goods (including delivery charges and VAT, if applicable) and the monthly or annual membership fee for the Services provided by Fear-ID will be as set out on the date of purchasing your Fear-ID product. You will be given the option to pay your subscription monthly or annually at the point of purchase. The membership fee for the Services Fear-ID provide will be payable on each and every anniversary (be it monthly or annually) of the date on which the Contract was first entered into. We shall be entitled to increase the membership fee for the Services at any time by giving you notice of such increase at least 3 months prior to the increase being actioned.
4.2 The membership fee can be paid by Direct Debit or another payment method which will be detailed on the Website.
4.3 You will need to make payment for the Goods and the Services in pounds sterling at the time You complete an order from Fear-ID.
4.4 We will only deliver the Goods or provide the Service once We have received payment in full and cleared funds.
4.5 The Advocate for a Minor or Vulnerable member may pay the subscription fee providing they provide a billing address and contact details.
4.6 If You fail to pay the membership fee, We shall be entitled to terminate the Contract, insofar as it relates to the Services and any Goods which have not been delivered to you, with immediate effect and You will no longer have access to your Emergency Profile or online account.
5) Delivery of the goods you order from us
5.1 Fear-ID aim to dispatch the Goods to the address You provide within 10 working days of receipt of Your Online Order. We will contact You if there are significant delays to Your order.
5.2 You will become the owner of the Fear-ID product when it has been delivered to your chosen delivery address. Once your product/s have been delivered to You, they will be held at Your own risk and Fear-ID will not be liable for their loss, normal wear and tear or destruction.
5.3 You will check Your Fear-ID products upon delivery and will inform Fear-ID immediately should there be any fault of Your product.
6) Warranty for the goods
6.1 We guarantee that the Fear-ID products will be free from any material defects (including errors caused by us) for:
• 3 months for all beaded products
• 6 months for Sports Bands, Strap Tags, Dog Tags, Leather Bracelets and all other jewellery.
6.2 The warranty is effective from the date of despatch.
6.3 If the Fear-ID product has a defect within this period, We can choose to either replace or repair such Product.
6.4 The warranty does not cover: repairs made by anyone other than our skilled Fear-ID team; products damaged from everyday wear and tear; tarnishing; scratching of the product, QR code and/or the User ID and PIN numbers, chain and attachments; damage resulting from misuse or accidental damage; lost/misplaced products.
6.5 Your statutory rights are not affected by this guarantee.
7) Our liability to you
7.1 Nothing in these terms and conditions shall limit or exclude Our liability for:
7.1.1 death or personal injury caused by Our negligence, or the negligence of Our officers or employees;
7.1.2 fraud or fraudulent misrepresentation; or
7.1.3 any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
7.2 Our total liability to You in respect of the Services, whether arising in contract, tort (including negligence), breach of statutory duty and/or breach of common law and/or any other legal basis shall not exceed the amount paid by You to Us under this Contract.
7.3 We shall not have any liability to You and/or any third party as a result of the provision of any incorrect Personal Information given to Us; any failure by You to notify Us of any changes in the Personal Information and/or Your failure to wear the product; any failure by a clinical or emergency professional to
7.3.1 find the Disc on You; or
7.3.2 enter the correct Membership Number via QR scan or manually.
8) Data protection
8.1 Details of Fear-ID approach to data security and personal data privacy are detailed in the Privacy Policy, which may be updated as and when required by Us.
8.2 Compliance with the Data Protection Act 1998 and the General Data Protection Regulation ((EU) 2016/679) (“GDPR”):
8.2.1 Fear-ID comply with all eight principles of data protection as specified in The Protection Act 1998 and GDPR.
8.2.2 Fear-ID only retain data for the purpose of providing the Service.
8.3 For the purposes of GDPR we are the Data Controller.
9) Force majeure
Neither You or Fear-ID shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from a Force Majeure Event.
10) Cancellation of orders and refunds
10.1 Each Fear-ID is assigned to each Member. Therefore, we cannot, refund you for the Fear-ID product if you change your mind or decide to cancel your Order.
10.2 You are responsible for ensuring that Your Fear-ID product is ordered in the correct size and style. If You later choose to request a different size, you will pay the associated replacement and postal charges.
10.3 Once You have placed an order with fear-ID, you may terminate the Contract at any time but will not be entitled to any refund. Contracts may be terminated via email.
10.4 For returns, please contact Fear-ID via email. All Fear ID items wishing to be refunded must be new, unworn and in original packaging. You are responsible for all return postage. All refunds will be processed within three to five weeks in the original method of payment.
11) Termination
11.1 We may immediately terminate this Contract by written notice if You:
11.1.1 fail to make any payment when due; and/or
11.1.2 breach these terms and conditions or any other terms which form part of the Contract, including, for the avoidance of doubt, if You provide any inaccurate Personal Information.
11.2 You may terminate this Contract on written notice to Us. We shall remove Personal Information from Our records and delete your online account, provided that:(a) You request termination of this Contract in such form as We require
(b) The Member shall no longer wear and will destroy all Fear-ID products
(C) Fear-ID will have no liability to You and/or any third party resulting from Our removal of Personal Information at Your request
(D) You acknowledge that in the event of termination of this Contract, and should You continue to wear the Fear-ID product, Fear-ID have no duty to You, as to the provision of the Service we provide our members.
11.3 Following termination of the Contract, we advise that the Member should no longer wear the Fear-ID product as this may cause confusion in an emergency. We would advise that it is destroyed or returned to us.
11.4 If we fail to receive payment your record will enter a ’Paused State’ as we no longer have your consent for your online Emergency profile to be accessible. It will stay in this ’Paused State’ for a period of 6 months. Following this period your personal data will be removed. You can request to remove your data at any time during the ‘Paused state’ should you want it deleted sooner. For more information, please read our Privacy Policy where you can see our full data retention policy.
12) Intellectual property and right to use
12.1 You acknowledge and agree that all products and website content are copyright and cannot be used without express written permission of FEAR-ID.
16) Charitable Communications
By entering into a subscription with FearID, You give Your consent that FearID may send communications (emails or postal) regarding Fear-id’s fundraising activities and charitable projects linked to the Face Everything And Rise charity.
17) Third party rights
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
18) Governing Law
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
19) Jurisdiction
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
20) Limitations
When ordering and using any Fear-ID product or service, you fully understand and agree that the same should only be considered as a backup for physical written information which should be carried by you at all times. Access to information we hold can never be guaranteed due to limitations to internet connections through wi-fi or cellular methods which are beyond our control and outside of our responsibility. No Fear-ID product should be considered as the sole access to medical information.