Please read these Terms and Conditions carefully before committing to join the Pearl Medical service. You should understand that by ordering any of our Products and Services and (when appropriate) agreeing to provide Data and Additional Data, you agree to be bound by these Terms and Conditions, in particular (but without limitation) that any Contract will be for a minimum period of 18 months.
You should print a copy of these Terms and Conditions for future reference.
By ticking the "I Agree" box on the Application Form on our site you agree to accept these Terms and Conditions and the Privacy and Acceptable Use Policy on our site. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to become a member of the Pearl Medical service nor supply Data to us.
www.pearlmedical.co.uk is a site operated by Pearl Medical Limited ('We'). We are registered in England and Wales under company number 05211004 and with our registered office at Strawberry Hill House, Old Bath Road, Newbury, Berkshire, RG14 1JU. Our main trading address is Strawberry Hill House, Old Bath Road, Newbury, Berkshire, RG14 1JU. Our VAT Number is 877 3222 06.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from the third party sellers through our site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction and we may disclose your customer information related to that transaction to that third party seller.
Unless you have selected the ('e-mail only') service, Pearl Medical will supply to you any of the products being primarily a mobile device ('Products') and services ('Services') listed on our website www.pearlmedical.co.uk ('our site'), (including (but without limitation) the loan of a mobile data device, mobile data usage and access to service on our site) and you will become a standard member of our service ('Standard Member'). If, in addition, you agree by completing the appropriate box in the Application Form on our site to provide to us the Data and Additional Data specified below you will become a premium member of our service ('Premium Member').
If you are a Standard Member you may at any time become a Premium Member by completing the appropriate box in the members area of our site.
If you are a Premium Member but you do not wish to provide Data and (if appropriate) Additional Data during any month or months, you may by notifying us in advance by e-mail (support@pearlmedical.co.uk) choose to become a Standard Member for the following month or months specified in which case the Standard Membership Fee will be payable by you for each such months.
The Product will at all times remain our property but will be at your risk from the time of delivery.
You agree by placing an order through our site that on termination of your Contract you will immediately return the Products to us, in the same condition which you receive them (fair wear and tear excepted). We will arrange for collection of the Product(s) from you and you will pay to us the cost of such collection as quoted in our site from time to time.
If the Products are not in the condition in which you receive them (fair wear and tear excepted) you will then immediately pay to us a refurbishment fee of £50.00 ('Refurbishment Fee').
Subject to you firstly obtaining our prior written approval for any additions, we will provide to you one or more of any additional applications for your Product as may be specified on our site from time to time.
We shall be entitled to remove any application for the Products upon giving to you not less than 28 days notice.
After completing and submitting to us via our site the application form ('Application Form') on our site, you will receive an e-mail from us acknowledging that we have received your Application Form. Please note that this does not mean that your application has been accepted. Your application constitutes an offer to us for you to have use of a Product and to buy Services from us and to provide to us Data and Additional Data as specified in the paragraph below "What will you supply". All applications are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service is accessible (the 'Service Confirmation'). The Contract between us ('Contract') will only be formed when we send you the Service Confirmation.
Your Contract starts on the date of the Service Confirmation and (subject to earlier termination as set out in the paragraph "Termination" shall continue for a minimum term of months ('Minimum Term') and thereafter shall continue unless and until terminated by us giving to you or you giving to us at least 1 month's notice.
By placing an order through our site you warrant that:
You are a qualified Health Practitioner as specified in your completed Application Form;
You are legally capable of entering into binding contracts;
You are resident in the United Kingdom
You are accessing our site from that country; and
The information given by you in the Application Form submitted by you through our site is complete and accurate.
We have agreed to provide to you the Services on the terms as to payment of either the Standard Membership Fee (specified under Price and Payment below).Or if you have agreed to be a Premium Member on the Reduced Membership Fee (specified under Price and Payment below). In addition whether you are a Standard Member or Premium Member you agree:
to complete and despatch to us via our site the following data ('Profile Data')
an initial profile questionnaire within 7 working days of the date of you completing your Application Form. We will endeavour to provide a questionnaire that will take approximately no more than 30 minutes to complete; and
a profile update within 7 days after the beginning of each calendar quarter (January, April, July and October in each year) during the continuation of your Contract. We will endeavour to provide a profile update that will take approximately no more than 10 minutes to complete.
By completing your Application Form you agree that the timely delivery of the Profile Data is of the essence of the Contract and you guarantee to deliver the Profile Data in accordance with the time scales set out above.
If you are a Premium Member you also agree:-
to sell to us the data in completed questionnaires referred to in the sub paragraphs below ('Data') by completing and dispatching to us via our website or by e-mail in each month during the continuation of your Contract either or both of the following as requested by us and at the frequency requested by us:
completed market research questionnaire(s) provided by us by e-mail or via our website from time to time; or
completed questionnaire(s) forming part of non-promotional educational information as supplied by us from time to time by e-mail or via our website from time to time;
Note: We will endeavour to provide questionnaires in each case that will take approximately no more than 40 minutes in total each month to complete;
If you become a Premium Member then by completing the appropriate box in your Application Form to do so, you thereby agree that the timely delivery of Data each month is of the essence of the Contract and you guarantee to deliver the Data by the end of each month during such time as you are a Premium Member.
If you find that you are unable to complete any of the questionnaires within the times referred to above please notify us by e-mail at support@pearlmedical.co.uk and we will review.
Standard Members will also be required to complete the profile questionnaire and to keep it updated (as detailed above).
If you are a Premium Member and wish to provide additional Data by completing additional questionnaires or if you are a Standard Member wish to sell to us Data by completing questionnaires from time to time (either being "Additional Questionnaires") in either case for payment, please notify us by e-mail at support@pearlmedical.co.uk with details of the number of questionnaires that you are able to complete.
By submitting to us an Application Form and agreeing to become a Premium Member you agree that the timely delivery of the Data and Additional Data is of the essence of the Contract and you guarantee to deliver the Data and Additional Data in accordance with the timescale set out above or in relation to Data in the questionnaire request.
If you are a Premium Member you agree that, or is you are a Standard Member who provides Additional Questionnaires you agree that, we shall be entitled to store and reformat all Data received from you and to use such Data by incorporating the same into our databases and redistributing the Data in any format to any of our clients throughout the World via any and all the services provided by us to our clients. You warrant to us that you are fully entitled to sell all Data to us.
In addition to the purposes set out above we may from time to time use the Personal Information for marketing communications from Pearl Medical and third parties including Pharmaceutical companies, NHS and Government departments.
You will pay to us for each month during the continuation of the Contract:
the Standard Membership Fee ('Standard Membership Fee') as quoted in our site from time to time; or
the Reduced Membership Fee during each month that you provide to us Data and (when appropriate) Additional Data as specified above ('Reduced Membership Fee') as quoted in our site from time to time.
PLUS IN EITHER CASE:-
the price for all your use of telephone and SMS Text messages and roaming charges at the price quoted in our site from time to time.
any additional service or downloads you have purchased or subscribed to as part of the Service at the price quoted in our site from time to time.
We will notify you by e-mail of any changes to the Standard Membership Fee, Reduced Membership Fee and other prices fees and charges to which we are entitled in accordance with these Terms and Conditions.
Payment for all Products and Services must be by credit or debit card. Details of the credit or debit cards we accept can be found on our site. We will charge your credit or debit card (details of which you specify in your Application Form) ('Your Card') on the 14th day of the month after the date of our Service Confirmation and on the same day in each subsequent month (your 'Billing Day') for the monthly Standard Membership Fee or Reduced Membership Fee (as is appropriate from time to time), telephone, SMS Text Messaging, roaming charges or any other additional services or downloads you have purchased in the month. All other charges which are not monthly will be charged to your credit or debit card immediately after authorisation of the payment by you.
Not less than 14 days before each Billing Day we will notify you by e-mail of the amount that will be charged to your Card on your next Billing Day (our 'Billing Advice E-mail').
You authorise us to claim amounts due from your Card and to charge to your Card:
In the case of the Standard Membership Fee by your completion of the Application Form on our site;
In the case of the Reduced Membership Fee by your completion of a separate Application Form on our site to be a Premium Member and (when appropriate) your e-mail in the case of your e-mail application to revert temporarily to be a Standard Member;
In the case of your telephone and SMS Text Messaging by your completion of the Application Form on our site;
In the case of any roaming charges if you have requested by e-mail, that e-mail or if you have requested via our site by your completion of the Application Form on our site;
In the case of any other additional services or downloads of additional applications for your Product by your accepting such download from our site; and
In the case of any Refurbishment Fee by your completion of the Application Form on our site;
In the case of you not returning the Product following the end of your Contract, the amount of the Recovered Cost of the Product by your completion of the Application Form.
By completing your Application Form you thereby understand that any such authority in our favour will remain in force until such time as you cancel it by e-mail instructions to support@pearlmedical.co.uk
We will pay to you for any Additional Questionnaire completed and despatched to us via our site or by e-mail a fee as specified on our site from time to time, or as detailed in the additional questionnaire invitation.
The Standard Membership Fee and the Reduced Membership Fee and the other prices include Value Added Tax.
The amount of the Standard Membership Fee and the Reduced Membership Fee and other prices are liable to change at any time and are as may be quoted on our site from time to time.
Our site contains a large number of Products and Services and it is always possible that, despite our best efforts, some listed on our site may be incorrectly priced.
Within 30 days
You may cancel a Contract at any time within 30 days beginning on the day after you received the Service Confirmation (the 'Cooling Off Period'). In this case, you will receive a full refund of the Membership Fee in accordance with our refunds policy (see our Refunds Policy below).
To cancel a Contract, you must inform us in writing or by e-mail and comply with our Returns Policy ('Returns Policy') as follows:
Return the Product(s) to us immediately, in the same condition in which you received them. We will arrange for collection of the Product(s) from you at our cost.
You will pay to us the price for all your use of telephone, SMS text messages and roaming charges at the price quoted in our site from time to time.
If the Products are not in the condition in which you received them, you will then immediately pay to us a refurbishment fee of £50.00 (a 'Refurbishment Fee').
If the Product is not returned to us within 14 days of cancellation of the Contract you will pay to us the cost of the Product as specified on our site from time to time (the 'Recovered Cost of the Product') and any outstanding charges relating to your account.
Termination of the Contract within the Minimum Term but after the end of the Cooling Off Period.
You may terminate your Contract during the Minimum Term but after the end of the Cooling Off Period by informing us in writing or by e-mail complying in full with our Returns Policy as specified above and paying to us the amount of the monthly Standard Membership Fee in respect of each month during the remainder of the Minimum Term.
Termination by Us
We may terminate your Contract immediately at any time in respect of any or all the Products and the Services in whole or in part, by giving you written notice if:
you fail to pay any amounts due from you to us on time;
we have good reason for believing that any information you have given us is false or misleading;
you become bankrupt or make any arrangement with creditors;
we have good reason for believing that you have not complied with one or more of the terms of your Contract or these Terms and Conditions and do not correct the breach within 7 days of being asked by us in writing to do so.
If we terminate your Contract pursuant to the above Conditions before the Minimum Term has expired, our Returns Policy will apply and you will still be liable to pay to us the amount of the monthly Standard Membership Fee in respect of each month during the remainder of the Minimum Term
Suspension of Service
We may temporarily suspend or disconnect some or all of the Services without giving you notice if:
we have good reason to believe that you haven't complied with one or more of the terms of your Contract or these Terms and Conditions;
you don't pay us within 14 days of the invoice and we reserve the right to place a bar on some or all of the Services you normally use. This Bar will remain in force until you have paid everything you owe us. At our discretion, we may charge you for reconnection to the Service and removal of the Bar;
we also reserve the right to Suspend Services if a complaint has been made against you. The complaint will be thoroughly investigated, and Services will remain suspended until we know the results of that investigation. Any complaint you make will similarly be thoroughly investigated;
we have good reason to believe that your mobile phone number or account number is being used for fraudulent or improper purposes;
we suspect on reasonable grounds that information has been supplied to us without the knowledge of the person named or that an application is unauthorised or contains false particulars;
you notify us that your loan device has been lost or stolen;
we are required by the emergency services or other government authorities to suspend your Services.
You will remain liable for the Standard Membership Fee and all other monthly or other periodic prices fees and charges specified in these Terms and Conditions during and period of suspension.
If your contract is terminated for any reason, you must wait 6 months from the termination of your contract before you are able to re-join. Returning members are not eligible for the free 30-day trial.
When you return a Product to us (because you have cancelled the Contract between us during the Cooling Off Period), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund the first month's Membership Fee received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ('Force Majeure Event').
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attach or threat of terrorist attack, war (whether declared or not) or threat or preparation of war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Failure of public or private telecommunications networks.
The acts, decrees, legislations, regulations or restrictions of any government.
Defaults of our suppliers or sub-contractors.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close o to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with the paragraph on Notices below.
Applicable laws require that some of the information or communications we sent to you should be in writing. When using our site, and the service you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Pearl Medical Limited at support@pearlmedical.co.uk. We may give notice to you at either the e-mail or postal address you provide to us in the Application Form, or to your Pearl Medical e-mail address. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and in our case our assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the continuation of the Contract.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions the Privacy and Acceptable Use Policy on our site and any other document expressly referred to in these Terms and Conditions represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or which may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
Contracts through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If you do not accept these Terms and Conditions please do not tick the box on the application form marked "I Accept".
Last updated: 31st October 2007
Please read these Terms and Conditions carefully before committing to join the Pearl Medical service. You should understand that by ordering any of our Products and Services and (when appropriate) agreeing to provide Data and Additional Data, you agree to be bound by these Terms and Conditions, in particular (but without limitation) that any Contract will be for a minimum period of 24 months.
You should print a copy of these Terms and Conditions for future reference.
By ticking the "I Agree" box on the Application Form on our site you agree to accept these Terms and Conditions and the Privacy and Acceptable Use Policy on our site. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to become a member of the Pearl Medical service nor supply Data to us.
www.pearlmedical.co.uk is a site operated by Pearl Medical Limited ('We'). We are registered in England and Wales under company number 05211004 and with our registered office at Strawberry Hill House, Old Bath Road, Newbury, Berkshire, RG14 1JU. Our main trading address is Strawberry Hill House, Old Bath Road, Newbury, Berkshire, RG14 1JU. Our VAT Number is 877 3222 06.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from the third party sellers through our site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction and we may disclose your customer information related to that transaction to that third party seller.
Unless you have selected the ('e-mail only') service, Pearl Medical will supply to you any of the products being primarily a mobile device ('Products') and services ('Services') listed on our website www.pearlmedical.co.uk ('our site'), (including (but without limitation) the loan of a mobile data device, mobile data usage and access to service on our site) and you will become a standard member of our service ('Standard Member'). If, in addition, you agree by completing the appropriate box in the Application Form on our site to provide to us the Data and Additional Data specified below you will become a premium member of our service ('Premium Member').
If you are a Standard Member you may at any time become a Premium Member by completing the appropriate box in the members area of our site.
If you are a Premium Member but you do not wish to provide Data and (if appropriate) Additional Data during any month or months, you may by notifying us in advance by e-mail (support@pearlmedical.co.uk) choose to become a Standard Member for the following month or months specified in which case the Standard Membership Fee will be payable by you for each such months.
The Product will at all times remain our property but will be at your risk from the time of delivery.
You agree by placing an order through our site that on termination of your Contract you will immediately return the Products to us, in the same condition which you receive them (fair wear and tear excepted). We will arrange for collection of the Product(s) from you and you will pay to us the cost of such collection as quoted in our site from time to time.
If the Products are not in the condition in which you receive them (fair wear and tear excepted) you will then immediately pay to us a refurbishment fee of £50.00 ('Refurbishment Fee').
Subject to you firstly obtaining our prior written approval for any additions, we will provide to you one or more of any additional applications for your Product as may be specified on our site from time to time.
We shall be entitled to remove any application for the Products upon giving to you not less than 28 days notice.
After completing and submitting to us via our site the application form ('Application Form') on our site, you will receive an e-mail from us acknowledging that we have received your Application Form. Please note that this does not mean that your application has been accepted. Your application constitutes an offer to us for you to have use of a Product and to buy Services from us and to provide to us Data and Additional Data as specified in the paragraph below "What will you supply". All applications are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service is accessible (the 'Service Confirmation'). The Contract between us ('Contract') will only be formed when we send you the Service Confirmation.
Your Contract starts on the date of the Service Confirmation and (subject to earlier termination as set out in the paragraph "Termination" shall continue for a minimum term of 18 months ('Minimum Term') and thereafter shall continue unless and until terminated by us giving to you or you giving to us at least 1 month's notice.
By placing an order through our site you warrant that:
You are a qualified Health Practitioner as specified in your completed Application Form;
You are legally capable of entering into binding contracts;
You are resident in the United Kingdom
You are accessing our site from that country; and
The information given by you in the Application Form submitted by you through our site is complete and accurate.
We have agreed to provide to you the Services on the terms as to payment of either the Standard Membership Fee (specified under Price and Payment below).Or if you have agreed to be a Premium Member on the Reduced Membership Fee (specified under Price and Payment below). In addition whether you are a Standard Member or Premium Member you agree:
to complete and despatch to us via our site the following data ('Profile Data')
an initial profile questionnaire within 7 working days of the date of you completing your Application Form. We will endeavour to provide a questionnaire that will take approximately no more than 30 minutes to complete; and
a profile update within 7 days after the beginning of each calendar quarter (January, April, July and October in each year) during the continuation of your Contract. We will endeavour to provide a profile update that will take approximately no more than 10 minutes to complete.
By completing your Application Form you agree that the timely delivery of the Profile Data is of the essence of the Contract and you guarantee to deliver the Profile Data in accordance with the time scales set out above.
If you are a Premium Member you also agree:-
to sell to us the data in completed questionnaires referred to in the sub paragraphs below ('Data') by completing and dispatching to us via our website or by e-mail in each month during the continuation of your Contract either or both of the following as requested by us and at the frequency requested by us:
completed market research questionnaire(s) provided by us by e-mail or via our website from time to time; or
completed questionnaire(s) forming part of non-promotional educational information as supplied by us from time to time by e-mail or via our website from time to time;
Note: We will endeavour to provide questionnaires in each case that will take approximately no more than 40 minutes in total each month to complete;
If you become a Premium Member then by completing the appropriate box in your Application Form to do so, you thereby agree that the timely delivery of Data each month is of the essence of the Contract and you guarantee to deliver the Data by the end of each month during such time as you are a Premium Member.
If you find that you are unable to complete any of the questionnaires within the times referred to above please notify us by e-mail at support@pearlmedical.co.uk and we will review.
Standard Members will also be required to complete the profile questionnaire and to keep it updated (as detailed above).
If you are a Premium Member and wish to provide additional Data by completing additional questionnaires or if you are a Standard Member wish to sell to us Data by completing questionnaires from time to time (either being "Additional Questionnaires") in either case for payment, please notify us by e-mail at support@pearlmedical.co.uk with details of the number of questionnaires that you are able to complete.
By submitting to us an Application Form and agreeing to become a Premium Member you agree that the timely delivery of the Data and Additional Data is of the essence of the Contract and you guarantee to deliver the Data and Additional Data in accordance with the timescale set out above or in relation to Data in the questionnaire request.
If you are a Premium Member you agree that, or is you are a Standard Member who provides Additional Questionnaires you agree that, we shall be entitled to store and reformat all Data received from you and to use such Data by incorporating the same into our databases and redistributing the Data in any format to any of our clients throughout the World via any and all the services provided by us to our clients. You warrant to us that you are fully entitled to sell all Data to us.
In addition to the purposes set out above we may from time to time use the Personal Information for marketing communications from Pearl Medical and third parties including Pharmaceutical companies, NHS and Government departments.
You will pay to us for each month during the continuation of the Contract:
the Standard Membership Fee ('Standard Membership Fee') as quoted in our site from time to time; or
the Reduced Membership Fee during each month that you provide to us Data and (when appropriate) Additional Data as specified above ('Reduced Membership Fee') as quoted in our site from time to time.
PLUS IN EITHER CASE:-
the price for all your use of telephone and SMS Text messages and roaming charges at the price quoted in our site from time to time.
any additional service or downloads you have purchased or subscribed to as part of the Service at the price quoted in our site from time to time.
We will notify you by e-mail of any changes to the Standard Membership Fee, Reduced Membership Fee and other prices fees and charges to which we are entitled in accordance with these Terms and Conditions.
Payment for all Products and Services must be by credit or debit card. Details of the credit or debit cards we accept can be found on our site. We will charge your credit or debit card (details of which you specify in your Application Form) ('Your Card') on the 14th day of the month after the date of our Service Confirmation and on the same day in each subsequent month (your 'Billing Day') for the monthly Standard Membership Fee or Reduced Membership Fee (as is appropriate from time to time), telephone, SMS Text Messaging, roaming charges or any other additional services or downloads you have purchased in the month. All other charges which are not monthly will be charged to your credit or debit card immediately after authorisation of the payment by you.
Not less than 14 days before each Billing Day we will notify you by e-mail of the amount that will be charged to your Card on your next Billing Day (our 'Billing Advice E-mail').
You authorise us to claim amounts due from your Card and to charge to your Card:
In the case of the Standard Membership Fee by your completion of the Application Form on our site;
In the case of the Reduced Membership Fee by your completion of a separate Application Form on our site to be a Premium Member and (when appropriate) your e-mail in the case of your e-mail application to revert temporarily to be a Standard Member;
In the case of your telephone and SMS Text Messaging by your completion of the Application Form on our site;
In the case of any roaming charges if you have requested by e-mail, that e-mail or if you have requested via our site by your completion of the Application Form on our site;
In the case of any other additional services or downloads of additional applications for your Product by your accepting such download from our site; and
In the case of any Refurbishment Fee by your completion of the Application Form on our site;
In the case of you not returning the Product following the end of your Contract, the amount of the Recovered Cost of the Product by your completion of the Application Form.
By completing your Application Form you thereby understand that any such authority in our favour will remain in force until such time as you cancel it by e-mail instructions to support@pearlmedical.co.uk
We will pay to you for any Additional Questionnaire completed and despatched to us via our site or by e-mail a fee as specified on our site from time to time, or as detailed in the additional questionnaire invitation.
The Standard Membership Fee and the Reduced Membership Fee and the other prices include Value Added Tax.
The amount of the Standard Membership Fee and the Reduced Membership Fee and other prices are liable to change at any time and are as may be quoted on our site from time to time.
Our site contains a large number of Products and Services and it is always possible that, despite our best efforts, some listed on our site may be incorrectly priced.
Within 30 days
You may cancel a Contract at any time within 30 days beginning on the day after you received the Service Confirmation (the 'Cooling Off Period'). In this case, you will receive a full refund of the Membership Fee in accordance with our refunds policy (see our Refunds Policy below).
To cancel a Contract, you must inform us in writing or by e-mail and comply with our Returns Policy ('Returns Policy') as follows:
Return the Product(s) to us immediately, in the same condition in which you received them. We will arrange for collection of the Product(s) from you at our cost.
You will pay to us the price for all your use of telephone, SMS text messages and roaming charges at the price quoted in our site from time to time.
If the Products are not in the condition in which you received them, you will then immediately pay to us a refurbishment fee of £50.00 (a 'Refurbishment Fee').
If the Product is not returned to us within 14 days of cancellation of the Contract you will pay to us the cost of the Product as specified on our site from time to time (the 'Recovered Cost of the Product') and any outstanding charges relating to your account.
Termination of the Contract within the Minimum Term but after the end of the Cooling Off Period.
You may terminate your Contract during the Minimum Term but after the end of the Cooling Off Period by informing us in writing or by e-mail complying in full with our Returns Policy as specified above and paying to us the amount of the monthly Standard Membership Fee in respect of each month during the remainder of the Minimum Term.
Termination by Us
We may terminate your Contract immediately at any time in respect of any or all the Products and the Services in whole or in part, by giving you written notice if:
you fail to pay any amounts due from you to us on time;
we have good reason for believing that any information you have given us is false or misleading;
you become bankrupt or make any arrangement with creditors;
we have good reason for believing that you have not complied with one or more of the terms of your Contract or these Terms and Conditions and do not correct the breach within 7 days of being asked by us in writing to do so.
If we terminate your Contract pursuant to the above Conditions before the Minimum Term has expired, our Returns Policy will apply and you will still be liable to pay to us the amount of the monthly Standard Membership Fee in respect of each month during the remainder of the Minimum Term
Suspension of Service
We may temporarily suspend or disconnect some or all of the Services without giving you notice if:
we have good reason to believe that you haven't complied with one or more of the terms of your Contract or these Terms and Conditions;
you don't pay us within 14 days of the invoice and we reserve the right to place a bar on some or all of the Services you normally use. This Bar will remain in force until you have paid everything you owe us. At our discretion, we may charge you for reconnection to the Service and removal of the Bar;
we also reserve the right to Suspend Services if a complaint has been made against you. The complaint will be thoroughly investigated, and Services will remain suspended until we know the results of that investigation. Any complaint you make will similarly be thoroughly investigated;
we have good reason to believe that your mobile phone number or account number is being used for fraudulent or improper purposes;
we suspect on reasonable grounds that information has been supplied to us without the knowledge of the person named or that an application is unauthorised or contains false particulars;
you notify us that your loan device has been lost or stolen;
we are required by the emergency services or other government authorities to suspend your Services.
You will remain liable for the Standard Membership Fee and all other monthly or other periodic prices fees and charges specified in these Terms and Conditions during and period of suspension.
If your contract is terminated for any reason, you must wait 6 months from the termination of your contract before you are able to re-join. Returning members are not eligible for the free 30-day trial.
When you return a Product to us (because you have cancelled the Contract between us during the Cooling Off Period), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund the first month's Membership Fee received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ('Force Majeure Event').
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attach or threat of terrorist attack, war (whether declared or not) or threat or preparation of war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Failure of public or private telecommunications networks.
The acts, decrees, legislations, regulations or restrictions of any government.
Defaults of our suppliers or sub-contractors.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close o to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with the paragraph on Notices below.
Applicable laws require that some of the information or communications we sent to you should be in writing. When using our site, and the service you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Pearl Medical Limited at support@pearlmedical.co.uk. We may give notice to you at either the e-mail or postal address you provide to us in the Application Form, or to your Pearl Medical e-mail address. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and in our case our assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the continuation of the Contract.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions the Privacy and Acceptable Use Policy on our site and any other document expressly referred to in these Terms and Conditions represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or which may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
Contracts through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
If you do not accept these Terms and Conditions please do not tick the box on the application form marked "I Accept".
Last updated: 31st October 2007