This page covers the Terms of use of our website (www.textyouhome.com), as well as the Terms and Conditions for use of the textyouhome™ service.

Terms and Conditions of Use of this Website

1. USING THE WEBSITE

1.1.	The Text You Home website (www.textyouhome.com) is maintained for your personal use and viewing. Access and use by you of this site constitutes acceptance by you of these terms of use that take effect from the date of first use.
1.2.	The site contains copyright material, trade names and other proprietary information, including, but not limited to, text, photos and graphics. The entire contents of the site are protected by copyright law.
1.3.	Text You Home Limited will use its reasonable endeavours to try to ensure that all information displayed on this website is accurate and up to date, but makes no representation or warranty in relation to its content.
1.4.	Text You Home Limited does not warrant the privacy and/or security of emails.

2. LINKS TO OTHER WEBSITES

2.1.	Text You Home Limited is not responsible for the contents or reliability of any linked websites and does not necessarily endorse any view expressed within these. Listing of sites should not be taken as endorsement of any kind. We cannot guarantee that these links will work all of the time and we have no control over the availability of linked pages.
2.2.	In the event that you purchase or obtain goods or services from a third party then your acquisition of such goods and services will be in accordance with the third party's terms and conditions and Text You Home Limited will have no liability to you in respect of the same.

3. GENERAL

3.1.	These terms shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Text You Home Terms and Conditions of Service

All aspects of the Text You Home Service are subject to these Terms and Conditions, and You should read these before going any further. Your use, in any way, of the Text You Home Service will amount to an acceptance of these Terms and Conditions.

1. DEFINITIONS

The following words and expressions shall have the following meanings:

1.1. General

Contract:	The agreement between You and Text You Home subject to the Terms and Conditions
Date of Registration:	The date on which You agree to these Terms and Conditions by completing the Text You Home registration process via the Website
Partner:	Any company that Text You Home works with in order to provide the Service
PayAsYouGo Customer/s:	Customers who have selected the PayAsYouGo account option during the registration process or by upgrading on the Website at a later stage
Service:	The services provided by Text You Home, including the Delayed Alarm and Panic Alarm
Subscription Customer/s:	Customers who have selected either the Gold, Silver or Bronze subscription option during the registration process or by upgrading on the Website at a later stage
Terms and Conditions:	These Terms and Conditions (including appendices) which bind both You and Text You Home
Text You Home:	Text You Home Limited or any organisation to which this Contract may from time to time be assigned. Referred to in these Terms and Conditions from time to time as "we" "us" or "our".
Website:	The Text You Home website (www.textyouhome.com)
You:	You, and if you have registered on behalf of someone else, then the term 'You' also includes anyone you have registered for the Service
Your:	Pertaining to You

1.2. Describing the Text You Home Service

Delayed Alarm:	Using the Service to send text messages to Text You Home (from the mobile number which You have registered for the Service) to set an alarm for when You should have safely reached Your destination. If You do not successfully disable this in time, it will result in a Triggered Alarm.
Emergency Contacts:	Anyone You have specified during registration to be contacted on Your behalf in a Triggered Alarm situation
Panic Alarm:	Using the Service by calling the Text You Home panic telephone number (from the mobile number which You have registered for the Service). When Text You Home receive Your call, this will result in a Triggered Alarm.
Triggered Alarm/s:	When Your Text You Home alarm is triggered, either because You have triggered Your Panic Alarm, or because You set a Delayed Alarm and failed to disable it in time. This is when Text You Home will start trying to alert Your Emergency Contacts by text message/s and telephone call/s involving a pre-recorded voice message. For the avoidance of doubt, in a Triggered Alarm situation, Your telephone itself will not emit a loud noise (i.e. it is unlike a standard hand-held rape alarm).

1.3. For Subscription Customers only

Billing Date:	The date on which Your payments are due
Monthly Allowance:	A specified number of times that You can set Your Delayed Alarm per month, which is included within Your Subscription Fee
Outstanding Balance:	The payment amount owed by You to Text You Home at any one time
Subscription Fee:	The monthly charge for Subscription Customers. The level of this charge is dependant on the subscription option that the customer has selected (Gold, Silver or Bronze). For current fee amount, see Appendix A.

1.4. For PayAsYouGo Customers only

Set-up Fee:

A one-off fee payable to Text You Home to set up and administer Your account. For current fee amount, see Appendix A.

2. INTRODUCTION

2.1.	By ticking the relevant box to confirm that You agree to these Terms and Conditions, or by using the Service, You agree to be legally bound by the Terms and Conditions.
2.2.	You hereby agree that this electronic agreement shall be the equivalent of a written paper agreement between You and Text You Home.
2.3.	We may change these Terms and Conditions at any time by updating the relevant page on our Website (www.textyouhome.com/webmain/legal.php). You agree that by the continued use of the Service, You accept any such updates to the Terms and Conditions, so please check our Website from time to time to review them.

3. CONTRACT TERM

3.1.	The term of the Contract shall commence at the time when Your first payment to Text You Home is successfully received.
3.2.	The Contract shall continue in force until the date on which the Contract is terminated either by You or by Text You Home, as per section 5 of these Terms and Conditions.
3.3.	On termination of the Contract (howsoever caused) those provisions of these Terms and Conditions capable of surviving termination (including but not limited to sections 4 and 5) shall continue in full force and effect.
3.4.	If You choose to alter Your account type (i.e. You change between PayAsYouGo, Gold, Silver or Bronze), this does not constitute a termination of the Contract, and the Contract shall continue in force.

4. PAYMENT

4.1.

All prices displayed on our Website (also shown in Appendix A) are in pounds sterling and include VAT (if applicable).

4.2.

Text You Home reserves the right to alter our pricing at any time. If such a change will impact Your current payment option, we will notify You by email, with at least 30 days notice before the pricing change occurs, to give You the opportunity to cancel Your membership of the Service should You wish to do so.

4.3.

For Subscription Customers:

4.3.1.

You will provide credit card details for a continuous credit card authorisation to be set up for payment for the Service;

4.3.2.

Your initial payment, the amount of the first month's Subscription Fee, will be taken on the Date of Registration;

4.3.3.

Subsequent payments will be taken automatically on a monthly basis. Your schedule of payments will be shown in Appendix B in these Terms and Conditions. By agreeing to these Terms and Conditions You are agreeing to this payment schedule, subject to change as per clause 4.2. (if pricing changes are made), 4.3.4 (if You incur additional charges) and section 5 (if the Contract is cancelled or terminated);

4.3.4.

If You exceed Your Monthly Allowance, You will be charged for the additional uses of the Delayed Alarm. If You have any Triggered Alarms, You will be charged for the Triggered Alarm/s. These amounts will be added to Your automatic payment. Current charges are shown in Appendix A.

4.3.5.

If, at any time during the term of the Contract, payment is not received within 24 hours of the payment being requested via continuous credit card authorisation:

4.3.5.1.	You will no longer be entitled to access the Service. Access will only be restored 24 hours after the account is paid up to date;
4.3.5.2.	Text You Home reserves the right to immediately recover all unpaid amounts, plus interest.

4.3.6.

In the event that Your Outstanding Balance exceeds 5GBP, we reserve the right to request, via email, that You log on to the Website and make an additional payment to reduce Your Outstanding Balance. We reserve the right to suspend access to the Service until this Outstanding Balance is reduced.

4.4.

For PayAsYouGo Customers:

4.4.1.	You will top-up Your account balance in advance of using the Service;
4.4.2.	Your initial payment will include a one-off Set-Up Fee;
4.4.3.	Your account balance is non-refundable;
4.4.4.	If Your account balance is not sufficient to cover further uses of the Delayed Alarm, You will be notified and Your access to the Service will be suspended until Your account balance is sufficient to cover further uses of the Delayed Alarm.

4.5.

You are responsible for all fees and charges payable to Your mobile network provider. You are aware that Your network provider will charge You Your normal network rates for all texts and calls to Text You Home numbers.

5. CANCELLATION AND TERMINATION

5.1.	You may terminate Your membership of the Service for any reason at any time.
5.2.	To terminate, You will need to log on to the customer section of the Website and submit a cancellation request.
5.3.	Any amount paid by You before the date of cancellation will not be refunded.
5.4.	If the Outstanding Balance is not zero, the amount of the Outstanding Balance will become due on the date of cancellation and the payment will be processed automatically.
5.5.	We reserve the right to suspend or terminate Your membership of the Service for any reason at any time. If You are a Subscription Customer whose membership is terminated by us at a time when You have not fully utilised Your Monthly Allowance, Your Subscription Fee for that month will be refunded on a pro rata basis.

6. AVAILABILITY

6.1.

Use of the Service depends on Your mobile phone operator's network availability, on Your mobile phone being switched on and in working condition, and on Your Caller ID being enabled so that the Service can recognise Your mobile phone number.

6.2.

Availability of location services (ability to locate an opted-in mobile phone in a Triggered Alarm situation) depends on your mobile phone network provider. The location element of the service currently works with all major networks, but the provision of and accuracy of location data cannot be guaranteed. This includes (but is not limited to) the fact that accuracy of location information can vary considerably based on your location, with rural areas often having particularly low accuracy.

6.3.

We will aim to have the Service available at all times. However, owing to the nature of mobile telecommunications and electronic communications upon which the Service is based, it is impossible to guarantee that the Service will be uninterrupted or error free.

6.4.

We will use all reasonable endeavours at all times to provide the Service in a timely manner and with reasonable care and skill but time will not be of the essence in the Service.

6.5.

We will not be liable if, for any reason, the Service is unavailable at any time or for any period.

6.6.

We reserve the right to cease the Service at any time in order to carry out maintenance and support on or in relation to the Service and for any other reasonable cause. Text You Home will use its reasonable endeavours to correct any defects in the operating of the Service within 72 hours of receiving notice of such defects.

6.7.

You acknowledge that Text You Home cannot communicate with international telephone numbers. You also acknowledge that Text You Home cannot guarantee being able to communicate with UK mobile numbers which are roaming outside the UK.

6.8.

We reserve the right to suspend the provision of the Service without notice if:

6.8.1.	We believe that You (or someone authorised by You) are using the Service in an unauthorised way or for criminal activities;
6.8.2.	We believe that You are in breach of these Terms and Conditions;
6.8.3.	We believe You are misusing the Service in any way;
6.8.4.	We are aware or have reason to believe that this Contract has been entered into fraudulently or we believe that fraudulent or improper use is taking place;
6.8.5.	You notify us that Your mobile phone has been stolen;
6.8.6.	You do anything (or allow anything to be done) that we think may damage or affect the operation of the telecommunications networks.

6.9.

In the above cases, the Contract does not come to an end, and You are still liable for all charges incurred.

7. SECURITY AND PRIVACY

7.1.	We aim for all our communications with You to be secure, however, You acknowledge that communications may be intercepted and we accept no liability for this. In particular, please be aware that emails and text messages are not secure, and that messages sent to Your mobile phone can be read by anyone with access to the mobile phone.
7.2.	We may contact You by email to provide You with personal safety advice, and with information about Your account, including any additional services or promotions which may be of interest to You. If You do not wish to receive any emails from us (other than essential account servicing emails), You can opt out by sending an email stating this to info@textyouhome.com.
7.3.	We will not pass on Your information to third parties for marketing or other purposes, save as described in 7.4.-7.12. below.
7.4.	You agree that we may disclose information to our Partners as is necessary for provision of the Service.
7.5.	In the event that our business is ever sold to or merges with another business, or if we undertake a joint venture with another business, Your information may be disclosed to our new business partners or owners.
7.6.	You agree that we will disclose such information as is required of us by an order of any court of competent jurisdiction or by statutory authority.
7.7.	While we will always try to ensure that our Website and any emails received from us are virus-free, You acknowledge that You alone are responsible for protecting Your computer hardware, software and data from unauthorised access, viruses, spyware and all other types of malicious code.
7.8.	You have set a password for Your use of the Service, and You acknowledge that You are responsible for keeping this password confidential. You agree that You are responsible for all actions that take place as a result of access to the Service via Your mobile phone number or password. A breach of these Terms and Conditions by anyone to whom You disclose Your password or allow access to Your mobile phone will be treated as a breach by You, and will not relieve You of Your obligations under these Terms and Conditions.
7.9.	In the event that Your password becomes known to any unauthorised person You will immediately notify us.
7.10.	We will retain Your information for a reasonable period, or as long as we are required to by law.
7.11.	In the event of a Triggered Alarm, you agree that TYH may pass on information about your location to your designated Emergency Contacts.
7.12.	To opt in to allow TYH to request your phone location from your network provider, you will need to text in to the specified TYH number with the word 'LOCATE'. Doing so will mean that subsequently, should you have a Triggered Alarm, TYH and Partners will request and process your phone location from your network provider. Should this information be available, TYH will provide this information to your designated Emergency Contacts. To deactivate this feature after you have opted in to it, you will need to text 'STOP' to the same number.

8. LIABILITY

8.1.

The Service cannot prevent You from being the victim of crime, and cannot guarantee in any way Your personal safety or the security of Your personal possessions. As such, Text You Home is not under any circumstances liable for Your personal safety or the security of Your personal possessions.

8.2.

Text You Home cannot in any way guarantee, and is not in any way liable for, the responsiveness of Your designated Emergency Contacts. This includes (but is not limited to) the fact that if Your Emergency Contact’s telephone number is engaged, calls to that particular telephone number may fail.

8.3.

You are solely responsible for ensuring that You have the permission of Your Emergency Contacts for each contact number supplied by You to be used in the event of a Triggered Alarm. You are responsible for keeping these contact numbers up to date.

8.4.

Text You Home will not be liable for any stress or anxiety caused to You or Your Emergency Contacts through the use of the Service, including (but not limited to) Triggered Alarm situations, whether or not You intended for Your alarm to be triggered and whether or not the alarm was correctly triggered.

8.5.

For the avoidance of doubt, Text You Home can give no guarantee of the level of service that can be provided in the event of a Triggered Alarm.

8.6.

You agree that Your use of the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these Terms and Conditions and to the maximum extent permitted by applicable law, Text You Home does not make any representations or warranties or other terms in relation to the Service (including any implied terms relating to quality, or fitness for a particular purpose).

8.7.

Our maximum liability to You shall be limited to the amount You have paid for the Service in the 12 months prior to the date on which our liability to You arose.

8.8.

Subject to clause 8.11. below, under no circumstances will Text You Home or any of the other parties involved in the provision of the Text You Home Service, be liable (whether in contract, tort (including negligence or breach of statutory duty), breach of agreement or otherwise) for any losses, damages, costs or expenses arising from or in any way connected to use of the Service, or to any errors, defects, interruptions, malfunctions or delays in the Service or the provision of the Service. This clause applies regardless of whether or not such loss or damage was:

8.8.1.	Reasonably foreseeable or actually foreseen;
8.8.2.	Caused through any breach of the Contract or any matters arising under it;
8.8.3.	Caused through any negligence on the part of Text You Home;
8.8.4.	Direct, indirect or consequential;
8.8.5.	Arising from any loss of, damage to or corruption of data, loss of profits or anticipated savings.

8.9.

There may be occasions where we are unable to provide the Service because of something outside of our reasonable control. Text You Home will not be liable for failure in its services where we are faced with circumstances outside our reasonable control, including (but not limited to) Acts of God, terrorist acts, acts of government or authority (including the refusal or revocation of any license or consent) fire, flood, failure of telecommunications lines or systems, internet downtime, or default or failure of a third party.

8.10.

TYH Partners and mobile network operators do not assume any liability to you in respect to the Service, as they do not provide guarantees for the Service, nor are they responsible for the provision of the Service.

8.11.

Nothing in these Terms and Conditions shall operate to limit or exclude our liability for personal injury or death caused by our negligence, or any other liability that we cannot lawfully exclude, even if any other term of this agreement would otherwise suggest that this might be the case.

9. INTELLECTUAL PROPERTY

9.1.	We own all intellectual property rights in the Service and Website, including intellectual property rights to our trademarks.
9.2.	For as long as You continue to use the Service, we grant You a non-transferable and non-exclusive license to use our intellectual property rights as necessary for configuring and using the Service. We reserve all rights not expressly granted to You in these Terms and Conditions.

10. GENERAL

10.1.	Any formal notices must be emailed to us at legal@textyouhome.com, and confirmed by post to our registered office address. The registered office address can be found at www.textyouhome.com/webmain/about/about_us.php.
10.2.	You acknowledge that Text You Home are not at any time available to answer queries by telephone. Queries can be submitted by email to help@textyouhome.com or through a form on the customer section of the Website. While we aim to respond to all queries within two working days, and will prioritise queries marked as urgent, we cannot guarantee any particular response time.
10.3.	For PayAsYouGo Customers, these Terms and Conditions (including appendices) constitute the entire agreement between You and Text You Home. For Subscription Customers, these Terms and Conditions (including appendices) and the Authority Form (which authorises us to take your subscription payments automatically) constitute the entire agreement between You and Text You Home.
10.4.	If we do not enforce any rights we may have under these Terms and Conditions, this shall not operate as a general waiver of any such rights nor prevent us from enforcing any such right in future.
10.5.	If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these Terms and Conditions, but without invalidating any of the remaining provisions.
10.6.	We may assign these Terms and Conditions or any part of them to any third party without telling You. You may not assign or transfer Your rights under these Terms and Conditions.
10.7.	These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with these Terms and Conditions are subject to the exclusive jurisdiction of the courts of England and Wales.

APPENDIX A – CURRENT STANDARD PRICING
Subject to change as per clause 4.2.

Service Option	Subscription Fee (per month)	Set-Up Fee (one-off)	Monthly Allowance (Uses of Delayed Alarm)	Cost Per Additional Use of Delayed Alarm	Cost Per Triggered Alarm
Gold	£5.99	-	30	£0.50	£1.50
Silver	£2.99	-	10	£0.50	£1.50
Bronze	£1.99	-	5	£0.50	£1.50
PayAsYouGo	-	£5.00	-	£0.50	£1.50

The above table does not include any discounts from gift vouchers

APPENDIX B – YOUR PAYMENT SCHEDULE
[This is customer-specific and will be displayed to Subscription Customers in the Terms and Conditions during the registration process.]