Terms & Conditions MyCommunityDefib platform
Last updated: 8th July 2024
These terms and conditions (“Terms”) govern all aspects of our “MyCommunityDefib” campaign (a “Campaign”) including but not limited to Campaign creation, funding, promotion and running.
Please ensure you read these Terms carefully. We would like to specifically draw your attention to Clause 5 Cancellation and Returns, Clause 6 Content and Images, Clause 7 Reporting a Breach or Unlawful Acts, Clause 8 Liability and Clause 9 Complaints.
About us
We are AED360 Ltd, a company registered in England and Wales with company number 12093906, and our registered office is at 94a High Street, Sevenoaks, United Kingdom, TN13 1LP (“we”, “our”, “us”).
MyCommunityDefib is a joint initiative between ourselves and Philips. Through the website www.mycommunityDefib.co.uk (the “Website”) we offer people the opportunity to raise money from individuals, businesses or other legal entities (“Participants”) for an Automatic External Defibrillator (“Defib”) in their neighbourhood/community.
The website is provided by AED360Ltd in partnership with Baywater Healthcare, a company registered in England and Wales with company number 08425363, and registered office at Wulvern House, Electra Way, Crewe, England, CW1 6GW who takes care of customer service. In addition, Kentaa, the technical provider of the website, is involved in this initiative.
1. The Campaign and These Terms
1.1 The Campaign is available to start on our Website, and the aim of the Campaign is to raise funds from Participants, to make a Defib available in your neighbourhood.
1.2 Please be aware that your involvement in a Campaign is governed by these Terms, and we may amend these Terms at any time. Where we amend these terms, we shall give you notice in advance, however we would recommend checking the latest copy of the Terms on our website at: https://www.mycommunitydefib.co.uk/terms-and-conditions. Any amendments we make shall apply from the date on which they are published on our website, and by continuing to use the website and running your Campaign, you will be deemed to have agreed to the new Terms.
1.3 Campaigns can only be run for addresses in the UK
1.4 Nothing in these Terms affects your consumer rights.
2. Launching, Operating and Promoting Your Campaign
2.1. You can launch a Campaign for individuals (or businesses/other legal entities) to contribute towards via our Website.
2.2. You will need to register with us in order to create and launch a Campaign. The data you provide will be used to communicate with you and to ensure that we can deliver the Defib (and related products/accessories). Certain data you provide will also be included on the Campaign page. When a Participant makes a contribution to the Campaign, the data provided by the Participant is used to finalise the Contribution and data will be provided to Stripe, our chosen payments provider. The Participant can elect to remain anonymous, and you may not always receive full details of who the Participant is. More information about how we collect and process personal data can be found in our Privacy Statement on the Website.
2.3. You agree to provide true and accurate information.
2.4. Your account is personal to you, and you agree not to share passwords or allow others to access your account. Please get in touch with us if you would like to transfer or change your account details.
2.5. You will be responsible for the promotion of the Campaign and the recruitment of Participants. The Website offers some tools and tips, such as the possibility of downloading a flyer and poster, sharing the campaign on social media and keeping interested parties informed by e-mail.
3. Target Amount and Contributions
3.1 The Defib and related products can only be delivered after you reach the target amount set during your Campaign. The target amount and the remainder to be contributed by Participants will be immediately visible on your campaign page.
3.2 After activating the Campaign you can start to collect funds. After 180 days the Campaign will automatically stop if the Target Amount isn’t reached yet. You can choose to extend your Campaign, where possible and within the rules of the Campaign.
Regardless of the result of your Campaign, you are free to start a new Campaign, provided you haven’t breached any of these Terms.
3.3 If the target amount is not reached within the period stated above, we can extend your period. In case you stop your campaign before target amount is reached, we will refund all contributions received in respect of the relevant Campaign.
3.4 Once the target amount is reached (or exceeded), the Campaign will be deemed to be completed and you will be contacted to schedule the delivery of your Defib. Any surplus amounts received over and above the target amount shall be used to support another MyCommunityDefib campaign in the UK.
3.5 Availability of Defibs is limited, and our provision of the Defib to you is always subject to such availability. If, for whatever reason, we do not have a suitable Defib available for you, we will promptly inform you of this and refund all amounts to the Participants.
3.6 We shall collect any contributions made by Participants and, once the target amount has been reached, and provided a Defib is available, we shall ensure delivery of the Defib package to you within 10 working days of us sending you a confirmation email.
4. Delivery, Installation, and Maintenance of the Defib
4.1 After your Campaign reaches the target amount, you will be contacted to schedule delivery of the Defib package, subject to availability
4.2 We aim to deliver the Defib package within 7 working days.
Please Note: This is not always possible. We are sometimes faced with longer lead times and delays.
4.3 Once delivered, the Defib must at all times be placed and kept in an easily accessible and 24/7 available position for the whole community and be registered with the Circuit, the national defibrillator network.
4.4 Our Defibs will be of satisfactory quality, fit for purpose and as described. Where a Defib develops a fault, and the time period mentioned in Clause 5.5 below has expired, we will deal with such faults in accordance with the Conditions Support Package.
5. Cancellation and Returns
5.1 You can terminate the Campaign at any time before its completion with no liability to you, and we will refund any amounts contributed by Participants for free.
5.2 In exceptional circumstances, we may terminate the Campaign upon providing you with written notice of such termination. Such circumstances could include, for example: an inability to deliver a Defib to you, lack of availability of appropriate Defibs, your breach of these Terms, or events outside of our control. Where we terminate the Campaign we will refund any amounts contributed by Participants.
5.3 Within 14 days of placing your request with us for delivery of your Defib, you can contact us to cancel your order. If the Defib has not yet been dispatched, we will promptly aim to cancel the order and refund all Participants in the Campaign. Where the Defib has already been dispatched to your address, we will get in touch to arrange a prompt return of the Defib and, upon receiving your return, we shall try to find another guardian for the Defib in the neighbourhood or process a refund to Participants of the Campaign.
5.4 Within 14 days of receiving your Defib, you can get in touch via email to communicate your intention to return the Defib, for whatever reason, and we will work with you to arrange a prompt redelivery of the Defib to us. Once we have received the returned Defib, we will try to find another guardian for the Defib in the neighbourhood or process a refund to Participants of the Campaign.
5.5 If your Defib package is not fit for purpose, not of satisfactory quality (e.g. the Defib/cabinet is damaged or faulty), or the Defib package is not as described, you have the right to a replacement of the Defib and/or cabinet within 30 days of its delivery. Once you make a request to replace the Defib or cabinet, we may also ask you to take photos or video or further describe the fault or issue.
5.6 Where the Defib develops a fault past the 30 day period mentioned above, provided that you have maintained and used the Defib in accordance with our guidelines, we will work with you to either repair or replace.
6. Content and Images
6.1 We, or our partners or licensors (as applicable) own all intellectual property rights relating to the Website, including but not limited to copyrights, trademark rights, trade name rights, database rights, and related rights.
6.2 Unless we give you written permission, you cannot use the texts and images on the Website, our materials or our documentation and you may not perform other actions which might infringe the rights (of intellectual property) of third parties. You will also ensure that Participants do not similarly infringe any rights of third parties or use the texts and images on the Website.
6.3 You must not misuse other people’s images in your Campaign and you should always avoid using copyright-protected photos or texts on your Campaign page. Breaching the terms of this Section 6 can result in loss being suffered by ourselves or others which you may be liable for.
6.4 Any content you upload or post to the Website will be free for us to use for our Website and for promotional purposes from the date of publication of such content on an ongoing basis, for free-of-charge.
6.5 It is not permitted to use texts or images in which the personal data of third parties (such as names, data about their health or images in which they are recognizable) without their consent or another justification under the applicable privacy regulations.
7. Reporting a Breach or Unlawful Acts
7.1 Where you suspect an account has been compromised, a breach of these Terms has occurred, unlawful acts have been committed in relation to a Campaign or any Participant or contribution, or other unlawful acts have been performed in relation to the Website, you should report this to us as soon as possible by sending an e-mail to info@mycommunitydefib.co.uk.
7.2 Where we suspect you, or any Participant or third party has breached the rules of the Campaign or these Terms, committed unlawful acts or acts in breach of these Terms, we may, at our sole discretion, decide to (temporarily) cease our services, including by closing an account, terminating a Campaign prematurely and refunding contributions received by Participants. Before we terminate your account or Campaign, we will get in touch to allow you to resolve the issue within a reasonable timeframe, unless there is a serious and urgent need for us to terminate immediately. We will always communicate the reasons for our decision to you as soon as possible to minimise any disruption you might face.
8. Liability
8.1 We aim to facilitate as many Campaigns as possible in order to make as many Defibs as possible available in neighbourhoods. For this reason, we do not charge any costs for making the Website available, for performing Campaigns or for receiving contributions from Participants.
8.2 In view of the nature and character of the Website and the Campaign, our liability in connection with the use of the Website or any contributions made by Participants in the Campaign is at all times limited to a maximum of the total amount of contributions made to a Campaign.
8.3 Where we are not directly responsible for loss that you suffer, e.g. during provision or installation of the Defib, as long as the damage was not directly caused by our negligence, we shall not assume liability and you accept that certain damage or loss may be unavoidable, particularly during installation services.
8.4 Further, we shall not be liable:
- for any business losses;
- if any loss or damage was not (or could not be) foreseen when you signed up to these Terms; and/or
- for any events outside of our control.
Any damage caused by our negligence, or our breach of these Terms will be our responsibility.
8.5 Other than as set out above, we are liable to you for any breach of these Terms by us, and nothing in these Terms excludes our liability (if any) to you for:
8.6 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or sections 13 – 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); or Part 1 of the Consumer Protection Act 1987;
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9. Complaints
9.1 Our Customer Service Team (info@mycommunitydefib.co.uk) will do their best to resolve any problems you have with us, regarding Campaigns or your Defib package.
10. Other
10.1 These Terms are made in accordance with, and shall be interpreted by, English law. You agree that the courts of England & Wales shall have non-exclusive jurisdiction of any disputes or claims that arise in relation to these Terms.
10.2 We can transfer our contract with you to another organisation who will then be receiving payments made by Participants and providing the Defibs to you. We’ll let you know if and when we do this, and the transfer will not affect your rights under these Terms or otherwise at law. You cannot transfer your contract to another individual or legal entity unless we agree to this – please first get in touch with us if you plan to do this or need to amend your details.
10.3 These Terms are made between you and us, and no third parties shall have any rights under these Terms.
10.4 Our delay in enforcing part or the whole of these Terms shall not affect our right to enforce them at a later date.
10.5 If a court finds part of these Terms unenforceable or invalidates any provisions of these Terms, the rest will continue to apply.
10.6 For questions or comments, please contact us by email info@mycommunitydefib.co.uk. We are available from 09:00 am to 17:00 pm, Mondays to Fridays excluding public holidays.