As of the date of purchase, you agree to the terms and conditions of this contract for the hire of equipment from Your Heart Check, a company incorporated in England and Wales with company number 16054711 and registered address Unit 2, The Stables Block, Dalton Hall Business Centre,, Dalton Lane, Burton in Kendal, Cumbria, LA6 1BL, England, the party that is providing the equipment.

AGREEMENT

Meanings

In this Agreement, the following words are defined: Data Protection Laws any applicable law relating to the processing of Personal Data, including but not limited to the GDPR and the Data Protection Act 2018; Equipment Your Heart Check ECG monitor; GDPR the UK General Data Protection Regulation (2016/679); Purpose the reason for the provision of the Equipment for use by the Customer, i.e. Your Heart Check; Working Day any day other than a Saturday, Sunday or public holiday in England and Wales. In this Agreement, unless the context requires a different interpretation: The singular includes the plural and vice versa; References to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Agreement; A reference to a person includes firms, companies, government entities, trusts and partnerships; “Including” is understood to mean “including without limitation”; Reference to any statutory provision includes any modification or amendment of it; The headings and sub-headings do not form part of this Agreement; and “Writing” or “written” will include fax and e-mail unless otherwise stated.

Hire of Equipment

This Agreement governs the provision of the Services to you by YourHeartCheck Limited. The Services include: The provision of the Equipment to you the Customer for the Purpose. Delivery of the Equipment to you at your address and Set-up of the Equipment to make it ready for use by the Customer. You will hire the Equipment starting from the acceptance of this agreement until the end of the fifth Working Day on 23:59 (the Hire Period). You may use the Equipment during this time in accordance with the rules set out within this Agreement. Any time that YourHeartCheck Limited is required to deliver any aspects of the Services supplemental to the provision of the Equipment (e.g. setting up the Equipment) is included within this Hire Period. Provision and return of the Equipment shall be determined by the relevant dates, methods, and locations established by this Agreement and any changes to these must be agreed on by both parties in writing.  YourHeartCheck Limited shall deliver the Equipment to your home, but time of the delivery is not of the essence. You will post the equipment back to YourHeartCheck Limited, in the packaging provided.

Fees to be Paid for the Services

In exchange for the Services, you will pay YourHeartCheck Limited a single fixed fee of £300.00 (exclusive of VAT) (the Fees). The Provider’s VAT number is: 483484458. You will pay the Provider a security bond of £1,000.00 (the Bond) before their booking of the Equipment and the provision of the Services altogether during the Hire Period is confirmed. A bond will be taken from the Customer’s payment method at time of purchase. The Bond will be repaid to the Customer in full within 7 Working Days after the end of the Hire Period unless the Equipment is damaged in any way in contravention of this Agreement, in which case the Provider retain the full amount of the Bond. The Fees are due immediately before the Hire Period begins. Payment of any of the payments set out above will be made in accordance with the instructions set out in the invoice that the Provider shall issue you for the Fees.  Unless explicitly agreed otherwise in this Agreement or elsewhere, you are not responsible for any additional charges that YourHeartCheck Limited incurs in carrying out the Services, except where such are incurred due to you behaving in breach of this Agreement. YourHeartCheck Limited and you shall pay all amounts due under this Agreement in full without any deduction except regarding any deductions required by law. Neither Party shall be entitled to assert any credit, set-off, or counterclaim against the other in order to justify withholding payment of any amount due, in whole or in part.

YourHeartCheck’s Obligations

YourHeartCheck Limited is responsible for ensuring that the Equipment is appropriately safe for use by you. This includes but is not limited to the Provider abiding by all applicable obligations under health and safety, product liability, and general negligence laws. YourHeartCheck Limited is responsible for ensuring that the Equipment is suitable for use in the manner provided for in this Agreement. This includes but is not limited to: Ensuring that YourHeartCheck Limited has the authority to allow you to use the Equipment for the Purpose (e.g. by holding ownership rights in the Equipment and any necessary permissions from any other parties holding rights in the Equipment); Except as provided otherwise elsewhere in this Agreement, obtaining, maintaining, and ensuring the suitability of any necessary licences to enable the Equipment to be used (e.g. an operator’s licence where the Provider is providing their own staff for use of the Equipment); Ensuring the Equipment is suitable for the Purpose and of satisfactory quality for this Purpose; Ensuring the Equipment has all necessary features to enable it to be safely used in accordance with this Agreement by you; Ensuring the Equipment has been sufficiently maintained, inspected (where the Equipment may be subject to deterioration), and examined in accordance with statutory examination requirements. YourHeartCheck Limited is responsible for abiding by the law in all regards in the course of their provision of the Services, including but not limited to responsibility for infringements of third parties’ rights except where such are due to the conduct of the Customer in contradiction of this Agreement. This includes but is not limited to advertising, data protection, criminal, human rights, anti-bribery and corruption, employment, and personal injury law. YourHeartCheck Limited commits to providing the Services with reasonable skill and care. YourHeartCheck Limited commits to providing the Services in accordance with any description of the Services represented by the Provider upon entering and/or prior to entering this Agreement. Where the Equipment has been provided via a third party, YourHeartCheck Limited commits to providing the Equipment without defect. YourHeartCheck Limited will provide the relevant safety procedure instructions and guidance on safety measures for the use of Equipment. YourHeartCheck Limited provides the following after-sales services: YourHeartCheck will provide the customer with support for the attachment and operation of the ECG device. YourHeartCheck Limited must maintain appropriate business insurance with regard to the Equipment and the Services more broadly. Specifically, the Provider must for the duration of the Hire Period hold, as a minimum, valid and suitable: Public liability insurance with a minimum insurance cap of £5,000,000.00 for each claim or series of connected claims. Professional indemnity insurance with a minimum insurance cap of £500,000.00 for each claim or series of connected claims.

Your Obligations

You must abide by any reasonable instructions or requests issued by YourHeartCheck Limited or anybody acting on behalf of YourHeartCheck Limited, when such are issued for the purpose of enabling the YourHeartCheck Limited to meet their obligations under the law in relation to ensuring the safety of people or property. You must only use the Equipment in accordance with the Purpose. Any conduct that would not reasonably be expected in relation to the Equipment is not permitted. You are responsible for any harm that is caused to the Equipment and any features or parts of it (except for fair wear and tear) by anybody that you have allowed to be present whilst the Equipment is in use, including others engaged by you.

Except as qualified elsewhere in this Agreement, you will have the Equipment ready for collection at the end of the Hire Period in the same condition (except for fair wear and tear) it was in at the start of the Hire Period. You will abide by the following rules and requirements regarding their use of the Equipment, and they are responsible for ensuring that they do not allow anyone else to use the equipment: You must ensure the equipment is not used, operated or worn by anyone other than yourself; You must ensure that they operate the equipment in accordance with the relevant instructions and guidance given to the Customer by the Provider. The Equipment must not be altered in any way that will persist after the end of the Hire Period.

Ending the Agreement

This Agreement shall continue until the Parties’ obligations under the Agreement are discharged unless it is terminated earlier in accordance with the following clauses of this section. You have a statutory right to cancel this Agreement within 24 hours without needing to provide a reason for cancellation. However: If the Hire Period starts less than 24 hours after the Agreement is formed, by signing and agreeing to this Agreement you are making an express request that the Provider starts to provide the Services within the cancellation period and you acknowledge that, in making such a request, they waive their statutory right to cancel as described in this clause if the Services are fully delivered within the cancellation period. To cancel in accordance with this clause, you should contact Customer Support at support@yourheartcheck.com. If the Agreement is cancelled in accordance the your statutory right to cancel as set out in this clause, the YourHeartCheck Limited will refund all payments received from you, except if you requested via this Agreement that YourHeartCheck Limited start providing the Services during (i.e. that the Hire Period starts during) the cancellation period, in which case you must still pay for the Services provided up until the time they informed YourHeartCheck Limited of your right to cancel (or the full Fees, if the Agreement has been fully performed). Any such refunds will be issued via the same payment method as the payment was made without deductions and within 14 days of the day on which YourHeartCheck Limited was informed of the cancellation.

You may terminate this Agreement (i.e. cancel their booking) by giving YourHeartCheck Limited written notice of their intention to do so at least 3 Working Days before the date they wish the termination to take effect. If you ends the Agreement in accordance with this clause, any Fees that they have already paid before the Agreement is terminated in respect of any part of the Hire Period that has not yet taken place will be returned in full and any Fees that have become due in respect of any part of the Hire Period that has not yet taken place but have not yet been paid are no longer due.

YourHeartCheck Limited may terminate this Agreement (i.e. cancel the Customer’s booking) by giving the Customer written notice of their intention to do so at least 24 hours before the date they wish the termination to take effect. If YourHeartCheck Limited ends the Agreement in accordance with this clause, YourHeartCheck Limited will return in full any Fees that you have already paid before the Agreement is terminated in respect of any part of the Hire Period that has not yet taken place, and any Fees that have become due in respect of part of the Hire Period that has not yet taken place but have not yet been paid are no longer due. You may immediately terminate this Agreement by giving YourHeartCheck Limited written notice of their intention to do so if YourHeartCheck Limited breaches any of their obligations under this Agreement and YourHeartCheck Limited has not or cannot put right that breach within a reasonable period (unless agreed otherwise, 24 hours). You may terminate this Agreement immediately by giving written notice to the YourHeartCheck Limited if YourHeartCheck Limited: Is a company over any of whose assets or property a receiver is appointed; Makes any voluntary arrangement with its creditors or becomes subject to an administration order (within the meaning of the Insolvency Act 1986); or if YourHeartCheck Limited goes into liquidation; or is convicted of any criminal offence. Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, 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, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota, or prohibition, or any other event that is beyond the control of the Party in question. The Party affected by a circumstance beyond its control shall use all reasonable endeavours to mitigate the effect of the force majeure upon the performance of its obligations. The corresponding obligations of the other Party will be suspended to the same extent as those of the Party affected by a force majeure event. If the delay continues for a period of 14 days, either Party may terminate or cancel the Services to be carried out under this Agreement. All sums remaining owed to YourHeartCheck Limited under this Agreement shall become due immediately on the Agreement’s termination, except where provided otherwise within the Agreement. Termination or expiry of the Agreement shall not affect any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry. Other than as set out in the Agreement, neither Party shall have any further obligation to the other under the Agreement after its termination or expiry.

Liability

Nothing in this Agreement limits or excludes either Party’s liability in any way for: Death or personal injury caused by its negligence; Fraud or fraudulent misrepresentation; Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or any other losses which cannot be limited or excluded by applicable law. Except for as set out in the first clause of this section (i.e. the section headed “Liability”) or as a direct consequence of any breaches of the commitments provided by the Parties in the sections headed “Your Heart Check’s Obligations” and “Your Obligations”, neither Party shall have any direct or indirect liability to the other Party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for: Loss of profits; Loss of revenue; Loss of sales or business; Loss of agreements or contracts; Loss of savings or discounts (actual or anticipated); Loss of or damage to goodwill or to reputation; Loss of use or corruption of software, data or information; Any indirect, special or consequential loss.

YourHeartCheck Limited shall not have any liability for loss or damage to property belonging to you or a third party that is present at the Premises by the Customer’s election, unless such loss or damage is due to the Provider’s negligence or the negligence of the Provider’s agents, sub-contractors, consultants, employees, or others working on its behalf. Except for as set out in the first clause of this section (i.e. the section headed “Liability”), the total liability of the Provider for any loss experienced by the Customer in respect of any one event or series of connected events due to the Provider’s breach of the Agreement shall not exceed £1,000.00. Except for as set out in the first clause of this section (i.e. the section headed “Liability”), the total liability of the Customer for any loss experienced by the Provider in respect of any one event or series of connected events due to the Customer’s breach of the Agreement shall not exceed £1,000.00. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this Agreement.

Communication Between the Parties

The best method of contacting YourHeartCheck Limited is via email at support@yourheartcheck.com or by phone at 01206209039. You will, as soon as is reasonably practicable and not more than 12 hours following the end of the Hire Period notify the Provider via this communication method of any issues that occur during the Hire Period with regard to the Equipment. Any issues with or concerns about the Services provided will be made known to the Provider as soon as reasonably practicable via this communication method. The best method of contacting you is via email at the email address you have provided or by phone at the phone number you have provided. Any issues with or concerns about your use will be made known to you as soon as reasonably practicable via this communication method.

Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the other Party’s registered address or place of business, sent by email to its main business email address, or sent by fax to its main fax number. Notices: Sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day and, where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting; Delivered by hand will be deemed to have been received at the time the notice is left at the proper address; Sent by email will be deemed to have been received on the next Working Day after sending, provided they were sent to the correct email address and no notice of delivery failure is received; and Sent by fax will be deemed to have been received on the next Working Day after transmission. YourHeartCheck Limited is committed to avoiding disputes and ensuring that you are satisfied with the Services. As such, any complaints should be dealt with as follows: if you are unsatisfied with the Services they should contact YourHeartCheck Limited within 5 days of the end of the Hire Period so potential solutions may be discussed.

Privacy

YourHeartCheck Limited respects the Customer’s privacy and complies with UK Data Protection Laws with regard to the Customer’s personal information and the personal information of any other individual that it deals with in the course of delivering the Services. This Agreement should be read alongside and is in addition to YourHeartCheck Limited Privacy Policy, which can be found here: yourheartcheck.com/privacy. Where you supply Personal Data relating to you or to any other individual (including but not limited to contractors and staff members) to YourHeartCheck Limited in relation to the provision of the Services, and YourHeartCheck Limited Processes that Personal Data in the course of providing the Services to you, YourHeartCheck Limited will comply with the obligations imposed by Data Protection Laws. For any enquiries or complaints regarding data privacy, the Customer can email the Provider at support@yourheartcheck.com. For the purposes of this Agreement, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

General

This Agreement contains the whole agreement between the Parties relating to its subject matter and supersedes all prior discussions, arrangements, or agreements that might have taken place in relation to the Agreement. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.  Neither Party may assign, transfer, sub-licence, or sub-contract to any third party the benefit and/or burden of the Agreement or of any of the rights under this Agreement without the prior written consent (not to be unreasonably withheld) of the other Party. No variation of the Agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both Parties. The does not apply to the Agreement and no third party has any right to enforce or rely on any provision of the Agreement. Unless otherwise agreed, no delay, act, or omission by a Party in exercising any right or remedy available in relation to this Agreement will be deemed a waiver of that, or any other, right or remedy. A provision which by its intent or terms is meant to survive the termination of the Agreement will do so. If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected. Unless specifically provided by the Parties, nothing in the Agreement will establish any employment relationship, partnership, or joint venture between the Parties, or mean that one Party becomes the agent of the other Party, nor does the Agreement authorise any Party to enter into any commitments for or on behalf of the other Party. Nothing in the Agreement should be construed as granting you any ownership rights in the property that constitutes the Equipment or in any part of such. They are only granted a temporary right to use the Equipment for the duration of the Hire Period and only on the terms set out in this Agreement.

Jurisdiction

Except where an exception applies as required by law (e.g. in relation to disputes under consumer law): This Agreement will be governed by and interpreted according to the laws of England and Wales. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.