1. About these terms
These terms form the agreement between you and Xpressms Ltd, company number 07202089, trading as PassiveAlert (“PassiveAlert”, “we”, “us”). They apply to the PassiveAlert hub and sensors (“equipment”), installation where purchased, portal, activity summaries, alerts and support (“services”). Please read them before ordering.
If you are a consumer, nothing in these terms limits rights that cannot lawfully be excluded. If you buy wholly or mainly for a business, care organisation or public body, ask us for business terms before ordering.
2. What PassiveAlert does—and does not do
PassiveAlert receives events from household sensors and presents activity information through a portal. Depending on your setup, it can send configured alerts by email or SMS.
It is not a medical device, diagnostic tool, monitored alarm, emergency response, fall-detection or care service. It does not replace appropriate care, personal contact, smoke or carbon-monoxide alarms, telecare, or calling 999 or 111 when needed.
Sensor, internet, power, mobile-network or third-party failures can delay, omit or misinterpret events and alerts. You must not rely on PassiveAlert as the only way of identifying or responding to risk.
3. Ordering and the contract
Your order is an offer to buy the items and services shown in your quotation or checkout. A contract begins when we send written acceptance. We may decline an order because of availability, location, an obvious pricing error, failed payment, technical suitability or another reasonable operational reason. If we decline after taking payment, we will refund it.
Product images and descriptions are illustrative. Minor differences that do not materially affect use may occur. We currently supply and deliver only within the United Kingdom.
4. Price, payment and subscription
The price and any VAT, delivery, travel or installation charges will be shown before you order. The current advertised service is £29.99 per month and includes portal access, email alerts and up to 100 SMS alerts each month, subject to the order confirmation.
Subscription fees are charged in advance using the agreed payment method and renew automatically for each billing period until cancelled. We may suspend paid services after a failed payment if the amount remains unpaid after reasonable notice.
We may change a recurring price to reflect service, supplier, inflationary, tax or regulatory costs. We will give at least 30 days’ notice. You may cancel before the new price takes effect; otherwise the new price applies from the next stated billing date.
5. Delivery, installation and setup
Estimated delivery or installation dates are not guaranteed. Risk in equipment passes to you on delivery; ownership passes when we have received full payment. You must provide accurate property and contact details, safe access for an agreed visit, a suitable electricity supply and a reliable internet connection. A wired Ethernet connection to the hub is strongly recommended.
For self-installation, you are responsible for following the instructions, pairing and positioning equipment, testing connectivity and maintaining it. For professional installation, we will use reasonable care and skill, but you remain responsible for approving sensor locations and obtaining permission from the property owner and monitored person.
6. Respectful and lawful monitoring
You must explain PassiveAlert to the monitored person in a way they can understand, including what the sensors detect, who can see the information and who receives alerts. You must not install or use the service covertly or against that person’s wishes. If they object or withdraw permission, you must stop monitoring and contact us.
You are responsible for the legal basis for monitoring and for selecting appropriate portal users and alert recipients. We may ask for confirmation and may suspend or end service if we reasonably believe monitoring is unlawful or contrary to the monitored person’s wishes.
7. Your account and acceptable use
You must keep login details confidential, use accurate and current information, and tell us promptly about suspected unauthorised access. You are responsible for activity under your account and for removing users or recipients who should no longer have access.
You must not misuse, interfere with, probe, reverse engineer or overload the service; introduce malicious code; use it unlawfully; access another person’s information without authority; or resell the consumer service without written permission. Alert use must be reasonable and consistent with the package purchased.
8. Availability and changes
We aim to provide a reliable service but do not promise uninterrupted availability. We may carry out maintenance, security work, updates or changes needed for law, safety or compatibility. Where practical, we will give advance notice of material planned interruptions or changes.
We may replace a feature with an equivalent or improve how summaries and alerts work. If a change materially reduces a paid consumer service, we will provide reasonable notice and an appropriate right to cancel.
9. Your cancellation and consumer rights
If you buy online or by telephone as a consumer, you will usually have 14 days to change your mind. For equipment, the period normally runs from delivery. For services, it normally runs from contract formation. If you ask us to start a service during that period and then cancel, we may charge a proportionate amount for service already supplied.
Tell us you want to cancel by emailing hello@passivealert.co.uk with your name, order details and a clear statement. Return equipment within 14 days of cancellation using the returns instructions we provide. Unless the equipment is faulty or misdescribed, you are responsible for return costs and for loss in value caused by handling beyond what is necessary to inspect it.
We will make any refund due using the original payment method and within the time required by law. Your legal rights for faulty, misdescribed or poorly performed goods and services remain unaffected.
10. Ending the ongoing service
You may cancel the subscription using the notice and method in your order confirmation. Service continues to the end of the paid billing period unless we agree otherwise. Fees already paid are not refundable except where these terms or the law say they are.
We may suspend or end service if you materially breach these terms, fail to pay after notice, misuse the system, create a security risk, or fail to remedy a breach within a reasonable period. We may end the service generally by giving reasonable notice and refunding prepaid fees for any period we will not provide.
11. Faults and support
Contact us promptly if equipment or service appears faulty. We may ask you to perform reasonable checks or install updates. Consumer equipment must be of satisfactory quality, fit for purpose and as described, and services must be performed with reasonable care and skill. Remedies may include repair, replacement, repeat performance, price reduction or refund as required by law.
12. Responsibility for loss
We are responsible for loss that is a foreseeable result of our breach or failure to use reasonable care and skill. We are not responsible for loss caused by circumstances outside our reasonable control, incorrect installation or placement, failure to follow instructions, loss of internet or power, third-party networks, or changes you make to equipment or settings.
We do not exclude or limit liability where it would be unlawful, including for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or breach of mandatory consumer rights. Consumer services are supplied for private use; we are not responsible for business losses where you use them for commercial purposes.
13. Privacy and intellectual property
Our privacy policy explains how we use personal information. The software, portal, branding and service content belong to us or our licensors. We give authorised users a limited, revocable, non-transferable right to use the service during an active subscription.
14. Events outside our control
We are not responsible for delay or failure caused by events outside our reasonable control. We will take reasonable steps to reduce the effect and resume service. If a material delay continues, any cancellation and refund rights required by law will apply.
15. Complaints and disputes
Please email complaints to hello@passivealert.co.uk. We will try to resolve them fairly. These terms are governed by English law. Consumers may bring proceedings in the courts of the part of the United Kingdom where they live; we may bring proceedings against a consumer only where the law permits.
16. General terms
We may transfer this agreement to another organisation if this does not reduce your rights. You may transfer it only with our written agreement. No other person may enforce these terms. If a provision is unlawful, the remaining provisions continue. A delay in enforcement is not a waiver. We may update these terms for future orders and may update ongoing-service terms with reasonable notice where legally permitted.