By signing up to Blue Watch, you are confirming that you have read, understood and agree to comply with the Blue Watch Terms & Conditions.
1.1 These Terms and Conditions (“Terms and Conditions”) govern financial transactions with Blue Watch, the sale of its Goods and Services, the use of its Services and Your participation within the Scheme; they also govern the use of our Website and Shop. You are agreeing to comply in full with the following Terms and Conditions and with all aspects of Blue Watch, its policies and requirements, as set out at the Blue Watch Website. If you disagree with these Terms and Conditions you must not purchase from Blue Watch; use Our Services or participate within the Scheme; or use our Website or Shop.
The following definitions are used in these Terms and Conditions
3.1 Blue Watch: CFOA Blue Watch Limited (company number 7256848) and whose registered address is situated at 9 -11 Pebble Close, Amington, Tamworth B77 4RD
3.2 Blue Watch Scheme/Scheme: A registration scheme for fire and carbon monoxide home and property safety operated by Blue Watch. Information regarding the Blue Watch Scheme and how to use it isavailable on the Blue Watch Website.
3.3 Blue Watch Website: The website at www.bluewatch.co.uk and other such domains made available by Blue Watch from time to time.
3.4 Brand Guidelines: the guidelines set out at the Blue Watch Website.
3.5 Delivery Partner: Anapproved organisation or person delivering Goods and Services in partnershipwith Blue Watch and who is deemed competent by Blue Watch to provide Goods and carryout those Services.
3.6 Goods: Any products provided throughthe Blue Watch website or the website of a Delivery Partner.
3.7 Installation Service: safety products may be purchased and despatchedto You. As part of the Blue Watch SchemeYou may request a fit/installation service to be completed as part of anInspection Visit.
3.8 Fire Risk Assessment/Assessment: An assessment of fire risk carried out by You or a Blue Watch Delivery Partner.
3.9 Fire Risk Assessment Service: A service visit by You or a Delivery Partner to carry out a Fire Risk Assessment.
3.10 Inspection: A Delivery Partner has inspected the Property on your behalf and conducted a survey of comparable criteria to the Self-Assessment.
3.11 Inspection/Visit: a visitby a Delivery Partner to carry out an Inspection.
3.12 Mandatory Requirements: Legislation such as the Regulatory Reform (Fire Safety) Order, the Building Regulations, the Housing Act and the Furniture and Furnishings (Fire) (Safety) Regulations as amended, updated re-enacted and superseded, together with any other legislation relevant to your Property which may apply from time to time. The serving of an enforcement notice against you and/or your Property shall mean the Mandatory Requirements have not been met.
3.13 Order: Your offer to enter into agreement with Blue Watch for the purchase of Goods and Services in accordance with the provisions of clause 24.1.
3.14 Our: All matters belonging to Blue Watch.
3.15 Participation: Your engagement with the Blue Watch Scheme
3.16 Property: commercial or domestic building, dwelling, caravan, boat or other tangible Property.
3.17 Services: the services that Blue Watch provides and may vary from time to time and includes but is not limited to; Registration, Inspection, Fire Risk Assessment and Installation Services.
3.18 Shop: The Blue Watch online Shop as administered by CFOA BlueWatch Ltd or Delivery Partner.
3.19 Registration: The transaction of registering a Property on the Blue Watch Website.
3.20 Self-Assessment: The BlueWatch online tool used by You to complete a safety related survey for a Property. Satisfactory survey results will then be published on the Blue Watch Website.
3.21 Us/We: Blue Watch and You
3.22 You: The customer or website user.
4.1 The primary objective of the Blue Watch Scheme is to improve Property safety and raise awareness in relation to fire and carbon monoxide (CO) dangers which will result in safer properties and safer communities.
4.2 The Blue Watch Scheme acts alongside Mandatory Requirements.
4.3 The Blue Watch Scheme operates in addition to any statutory requirements and specific obligations imposed by Local Authorities or conditions associated with Houses of Multiple Occupancy (“HMO”).
4.4 The Blue Watch Scheme works on facts and will not offer opinion, conjecture or comment on You/Your behaviour, however where Blue Watch is engaged for the purpose of Inspecting or Fire Risk Assessing a Property, and areas for improvement are identified during the activity, it may, additionally, provide advice regarding ways in which the Property could be made safer.
Participation within the BlueWatch Scheme requires You to agree that You shall:-
5.1 act honestly and fairly and do nothing to bring Blue Watch or the Blue Watch Scheme into disrepute, and shall comply with any sanctions which may be applied following evidence of disrepute and in such an event no refunds shall be given;
5.2 make BlueWatch aware of any pending or active enforcement action or restrictions. This can be completed by emailing Blue Watch at firstname.lastname@example.org
5.3 update Blue Watch of any changes to the named contact details for any property published on the Blue Watch Website within 14 days. This can be done by logging in to your account or alternatively you can emailBlue Watch at email@example.com
5.4 use the Blue Watch Scheme brand strictly in accordance with the Brand Guidelines.
6.1 Blue Watch will make every reasonable effort to complete a Service at the agreed time and within the timeframe given but parties acknowledge that time is not of the essence for this agreement. Blue Watch will not be responsible for any delays or losses if the Services cannot be carried out or completed for reasons which are beyond Our control including (but not limited to) adverse weather, accidents, industrial disputes, or if Blue Watch needs more information or investigation from You or any third parties so Services can be completed.
6.2 Blue Watch can only provide Services if resources are available (including, but not limited to the availability of Goods or Delivery Partners. We reserve the right to change or withdraw Services at any time.
6.3 If You have asked Blue Watch for any other Services that are outside the scope of the Services described in these Terms and Conditions, these other Services will not form part of any agreement.
6.4 Where You wish to purchase higher volumes of Services, Blue Watch will work with You to agree a timely programme of works; contact Blue Watch at firstname.lastname@example.org
Licence to use Website
7.1 Our Website and all the materials contained in it are protected by intellectual property rights, including copyright material, trademarks and registered trademarks and which either belong to Blue Watch or our licensors.
7.2 You can only use Our Website to find safety information, register or check a property, or to browse and purchase Goods and Services.
7.3 You may not download for caching purposes or print pages or other content from the Website for any use whatsoever, other than documents available on Our Website that provide a link to a downloadable document that can be printed for public use. Unless you have a written consent from Blue Watch You must not:
a. Re-publish material from Our Website (including re-publication on another website);
b. Sell, rent or sub-license material from the Website;
c. Show any material from the Website in public;
d. Reproduce, duplicate or copy otherwise exploit material on Our Website for commercial purpose;
e. Edit or otherwise modify any material on the Website, or
f. Re-distribute material from Our Website except for content specifically and expressly madeavailable for re-distribution (such as our newsletter).
7.4 Where content is specifically made available for redistribution, it may only be redistributed within Your organisation, or where appropriate, within the consent granted.
YOU MUST NOT USE OUR WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
7.5 in any waythat causes, or may cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
7.6 to copy, store, host, transmit, send, use, publish or distribute any material which may be illegal, inappropriate, likely to cause annoyance, inconvenience or anxiety, or consist of (or is linked to) any spyware, computer virus, or other malicious computer software;
7.7 to conduct any systematic or automated data collection services (including without limitation scrapping, data mining, data extraction and data harvesting) on or in relation to our website without Our express written consent
7.8 to transmit or send unsolicited commercial communications (chain letters, massmailings or any form of "spam");
7.9 for any purposes related to marketing without Our express written consent.
Our Liability to You
7.10 Blue Watch does not guarantee that Our Website will be compatible with all or any hardware and software which You may use.
7.11 Blue Watch does not guarantee that Our Website will be continuously available or at any specific time.
7.12 Blue Watch reserves the right to withdraw or modify Our Website at any time.
7.13 Blue Watch is only liable to You for losses which You suffer as a direct result of abreach by Blue Watch of these Terms and Conditions. Blue Watch is not responsible to You for any losses which You may incur which were not aforeseeable consequence of Blue Watch breaching these Terms and Conditions, for example if We could not have contemplated those losses before or when You access our Website. The Blue Watch liability to You shall not in any circumstances include any business losses that You may incur, including but not limited to lost data,information, lost profits, goodwill, or reputation.
7.14 The Blue Watch liability for any claim for direct losses is limited (other than as setout in 6.1) to the amount of money, fees or charges you have paid to us in respect of the event or series of events giving rise to the claim.
Access to Our Website
7.15 You will be asked to create an account and register on Our Website before You can process and complete Your order.
7.16 You must ensure that Your user login credentials and any passwords are kept confidential and access to your computer is restricted and under Your control. It remains Your responsibility and You are liable for any orders placed and produced using Your login credentials and/or password.
7.17 Blue Watchmay link to other websites which are not within Our control including websites belonging to other companies. When this happens, Blue Watch will try and make it as clear as possible that You are leaving Our Website.
7.19 You may not create a hyperlink to Our Website from another website without Our consent in writing and such consent which in any event will be subject to you having agreed to comply with our guidelines.
User Generated Content
7.20 In theseTerms and Conditions, ‘Your user content’ means material (including without limitation text, images, audio material, video material and audio-visual material) that You submit to Our Website.
7.21 By submitting any material including content to any shared or public area of Our Website, You automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access,view, store or reproduce the material for that user's personal use. You grant Blue Watch the right to edit, copy, display, publish and distribute any material made available on Our Website by You. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against You or Us or any third party and under any applicable law.
7.22 You must not submit any user content to Our Website that is or has ever been or is reasonably likely to become the subject of any threatened or actual legal proceedings or other similar complaint.
7.23 Blue Watch reserve the right to edit or remove any material submitted to Our Website, or stored on Our servers, or hosted or published upon Our Website.
7.24 Notwithstanding Our rights under these Terms and Conditions in relation to user content, BlueWatch does not undertake to monitor the submission of such content to, or the publication of such content on, Our Website.
7.25 Whilst Blue Watch endeavours to ensure that the information on Our Website (excluding user content) is correct, Blue Watch does not warrant its completeness or accuracy; nor do Blue Watch commit to ensuring that Our Website remains available or that the material on the Website is kept up-to-date.
7.26 To the maximum extent permitted by applicable law Blue Watch excludes all representations, warranties and conditions relating to Our Website and the use of Our Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
8.1 You must provide all information in good faith and to the best of Your knowledge.
8.2 Any agent acting on Your behalf must have Your consent before registering or requesting anyProperty Services.
8.3 You accept that making any false declarations can result in the application of Sanctions as described further below.
8.4 Where a relevant complaint is received You must co-operate fully with any Blue Watch investigation and/or the relevant inspection/enforcement bodies and permit reasonable access to the Property when requested.
9.1 Registration is valid for a 12 month period.
10.1 Once a Property has been satisfactorily Self-Assessed it will normally retain that status for 12 months (and will lapse unless renewed on an annual basis); or until a satisfactory Inspection Visit has been completed, whichever is the sooner. Only when a satisfactory Self-Assessment has been completed will the Property be published as a Self-Assessed Property.
10.2 Once a Property has been satisfactorily Inspected it will normally retain that status for 12 months (and will lapse unless renewed on an annual basis). Only when a satisfactory Inspection Visit has been completed will the Property be published as an Inspected Property.
10.3 Properties on the Blue Watch Website will have a Registered, Self-Assessed or Inspected status.
10.4 Blue Watch reserves the right not to publish or remove Properties from any public facing facets of the Scheme where an Inspection Visit shows that the Property does not meet the Mandatory Requirements.
11.1 Whenrequesting an Inspection Visit You must ensure that permissions are granted to enter the Property and that access is available to all relevant areas for the purposes of the Inspection. Failure to arrange access may prevent the Property from being satisfactorily Inspected, and no refund will be given.
11.2 You must ensure that all supporting information and evidence regarding the Property is available for inspection at the time of the Visit.
11.3 The DeliveryPartner will only be able to note and account for safety products and safety precautions and associated information that is easily visible/legible and brought to their attention during the Visit.
11.4 Any updated status applied to a Property will be reflected on the “check a Property” facility of the Blue Watch Website within 5 days from the date of the Inspection Visit.
11.5 During the Inspection the Delivery Partner will require access to the supporting documentation relevant to the Property may include, but not be limited to, the following:
a. Valid landlord gas safety record;
b. Servicing records for gas and oil burning appliances;
c. Servicing and/or chimney sweeping records for solid fuel appliances;
d. Any electrical condition report and evidence of relevant Portable Appliance Testing;
e. The Delivery Partner will confirm how many single point smoke alarms have beeninstalled and are operational
f. The Delivery Partner will confirm how many CO alarms have been installed and are operational
g. Sprinkler installation/test/maintenance records. The Delivery Partner will confirm the existence of a sprinkler system and may check maintenance documentation but will not test any sprinkler system;
h. Fire extinguisher service records;
11.6 Uponconfirmation of a scheduled Inspection Visit, You or Your appropriate representative(being a person expressly authorised by You to represent You and at least 18 years of age) must attend the Property to allow access to the Delivery Partner at the agreed time and location. If access is not gained into the Property then Blue Watch will cancel the Inspection request and any fees paid will be forfeited.
12.1The results of the Inspection Visit and any significant recommendations will be translated into an “Inspection Certificate”, and be provided to You via the Blue Watch Website and will be presented as an accurate assessment of the Property as found during the Inspection Visit. This can be downloaded and printed.
13.1 When requesting a Fire Risk Assessment Service You must ensure that permissions are granted to enter the Property and that access is available to all relevant areas for the purposes of the Assessment. Failure to arrange access may prevent the Property from being satisfactorily Assessed, and no refund will be given.
13.2 You must ensure that all supporting information and evidence regarding the Property isavailable for inspection at the time of the Visit.
13.3 The Delivery Partner will only be able to note and account for safety products andsafety precautions and associated information that is easily visible/legible and brought to their attention during the Assessment.
13.4 Any updated status applied to a Property will be reflected on the “check a Property” facility of the Blue Watch Website within 5 days from the date of the Assessment.
13.5 During the Assessment the Delivery Partner will require access to the supporting documentation relevant to the Property may include,but not be limited to, the following:
Site Fire Policy
Copy of the previous Fire RiskAssessment
Fire Extinguisher, Alarm,Emergency Lighting test records
Staff Training Records
Details of Hazardous Substances
Details of Flammable Substances
Electrical Test Records
Plant Maintenance Programme andRecords
13.6 Upon confirmation of a scheduled Assessment, You or Your appropriate representative (being a person expressly authorised by You torepresent You and at least 18 years of age) must attend the Property to allowaccess to the Delivery Partner at the agreed time and location. If access is not gained into the Property then Blue Watch will cancel the Assessment requestand the Fee will be forfeited.
14. Installation Service
14.1 Where the Installation Service has been selected by You the safety products will be installed in the most appropriate location. Where You or Your authorised representative (being aperson expressly authorised by You to represent You and at least 18 years ofage)is not available for consultation Our Delivery Partner will select the most suitable location.
14.2 It is Your responsibility thereafter to ensure that any safety product installed under the Installation Service or Inspected during an Inspection Visit is not removed, moved to an inappropriate location, not tampered with or obstructed or coveredin a way that would reduce its operation or effectiveness.
14.3 Occasionally circumstances may arise where it is not possible or appropriate for the DeliveryPartner to fit the selected safety products. Where this occurs a refund of the installation fee can be arranged or if this is due to safety reasons then an explanation may be provided by the Delivery Partner and an appropriate recommendation made regarding the unfitted product(s).
15.1 Where there is reasonable evidence of non compliance with these Terms and Conditions then Sanctions may be applied.
15.2 Sanctions will be the removal of participants, individual or multiple Properties from the Blue Watch Website and associated websites and the use and/or display of the Blue Watch Brand must cease immediately.
15.3 Where there is failure to comply with Mandatory Requirements this will result in the Property being removed from the publicly visible pages of the Blue Watch Website and the relevant enforcement authorities will be informed where applicable.
15.4 Where action is taken against You or the registered Property(s) de-listing will take place and there will be no refund of fees.
15.5 Anyapplication of a Sanction will require that the named participants or Properties are removed from the Scheme.
15.6 Any appeal against any of the above Sanctions should be made as soon as possible inwriting to Blue Watch at CFOA Blue Watch Ltd, The Fire Service College, LondonRoad, Moreton-in-Marsh, Gloucestershire GL56 0RH together with any mitigating evidence or information.
16.1 Services will only be carried out where there is no identified risk by Blue Watch, to Our staff, Delivery Partners, occupants, building fabric or any other party.
17.1 In participating in the Blue Watch Scheme You accept that any data may be sharedwith third parties subject to the requirements of the Data Protection Act 1998 in the following circumstances:
a. serious non-compliance can result in information about the Property and You being shared with any relevant enforcement agency.
b. anonymous data may also be shared with selected third parties for the purposes of social and behavioural research to improve safety and energy efficiency within the UK.
17.2 Selected information about You and the Property may be made available via the ‘check a Property’service. In participating in the Scheme You accept that contact details and key Property details may be used in this way.
17.3 Subject to Your consent Blue Watch will only share information with trusted third parties.
17.4 Inaddition we may also monitor and record any communications We have with You,including phone conversations and emails, to make sure We are providing good service and meeting our regulatory and legal responsibilities.
18.1You hereby indemnify Blue Watch and undertake to keep Blue Watch indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Blue Watch to a third party insettlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Blue Watch arising out of any breach by You of any provision of these Terms and Conditions, or arising out of any claim that You have breached any provision of these Terms and Conditions.
18.2 TheseTerms and Conditions do not exclude Your liability to Blue Watch (if any) for:
a. personal injury or death resulting from negligence;
c. any matter which it would be illegal for to exclude or to attempt to exclude liability
19. Breaches of these terms and conditions
19.1 Without prejudice to Our other rights under these Terms and Conditions, if You breach these Terms and Conditions in any way, Blue Watch may take such action as it deems appropriate to deal with the breach, including suspending Your access to Our Website, prohibiting You from accessing Our Website, blocking computers using Your IP address from accessing Our Website, contacting Your internet service provider to request that they block Your access to Our Website and/or bringing court proceedings against You.
20.1 Blue Watch may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms and Conditions without notifying You or obtaining Your consent.
20.2 You may not transfer, sub-contract or otherwise deal with Your rights and/orobligations under these Terms and Conditions.
21.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22.1 These Termsand Conditions are for the benefit of Us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of Our and Your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
23.1 You can find Our Service and Goods prices and delivery prices on Our Website.
23.2 All pricesinclude VAT unless stated. Our VAT number is 902 1954 46.
23.3 Blue Watch may update the prices from time to time without written notice to You. Updated prices shall be made available on the Blue Watch Website.
23.4 Orders for single and small multiples of items will be dispatched by courier service.
23.5 For all courier deliveries a signature will be required. You must enter your preferred delivery address at the time of Your order. If You wish to cancel or change Your order please contact Our customer service team as soon as possible and Blue Watch will endeavour to make any amendments prior to dispatch.
24.1 Your Order for Goods and Services is an offer to enter into agreement with Blue Watch. No agreement is created until Your Order and payment have been processed by Blue Watch and we have sent You an Order confirmation.
24.2 You must pay in full when You place an Order.
24.3 The security of Blue Watch servers is closely monitored to prevent any unauthorised access to user data and all payment and credit card details are stored via our secure online payment provider - SagePay. Blue Watch uses SSL (Secure Socket Layer) the industry standard for providing encrypted data communication security over the Internet.
25.1 In the event that instruction is left to leave the parcel unsigned for (i.e. in porch/ in green house / behind bin etc.) then Blue Watch accept no responsibility for any cost of replacement or another subsequent delivery in the event of lostor stolen product.
26.1 By acceptingthese Terms and Conditions, You also accept Our Refunds and Returns Policy.Please see details on the footer of the website under “Returns and refunds”.
26.2 If You wish to return an item, you must contact Blue Watch within 7 days of thereceipt of the product.
26.3 You can return purchased items within 30 working days from receipt. Returned or exchanged products must be in the condition you received them and in the original box and/or packaging.
26.4 Please note that Orders will be processed and dispatched as soon as possible after the order has been placed, therefore, if You wish to cancel your Order, please contact Blue Watch as soon as possible to see if you can cancel your orderbefore it has been fully processed and dispatched to you.
26.5 Blue Watch will issue a refund within 30 days at the latest. Please ensure you return the products within this timeframe. For more information on returns, please refer to Our Returns and Refunds Policy on the footer of the website under “Returns and refunds”.
27.1 Blue Watch has tried to ensure that the information provided on Our Website is accurate and current. However, Blue Watch does not make any representation or warranty as to the accuracy or completeness of the information and does not guarantee that Our Website is free from error or faults. Blue Watch accepts no liability for any such inaccuracies, errors or faults.
27.2 Blue Watch makes no warranty that any product will meet Your needs.
28.1 All Our communication with You will be by email including notice of confirmation and receipt of Your Order.
28.2 Blue Watch will send You any notices by email to the address that You have provided. You will be deemed to have received a notice at the time that the email is sent.Please keep Your email address information up to date.
29.1 These Terms and Conditions may be changed from time to time. Blue Watch will inform You via the Blue Watch Website Address if this happens. It is Your responsibilityto ensure that You view these Terms and Conditions regularly and that any updated Terms and Conditions are complied with.
29.2 Blue Watch reserves the right to change or terminate the Scheme at any time and You will be reimbursed for any fees paid for any Inspection cancelled as a result of such termination.
30.1 Neither of Us limits our liability for
30.1.3 breach of Data Protection,
30.1.4 any other act or omission, liability for which maynot be limited under applicable law.
30.2 Subject to 30.1 each of Us is liable to the other in respect of damage to Property (including buldings, premises, machines, plant and equipment) but such liability shall not exceed five million pounds (£5,000,000) for each event or series of connected events.
31.1 You may not assign or otherwise transfer any of Your rights and/or obligations under these Terms and Conditions.
31.2 TheseTerms and Conditions supersedes all prior agreements, arrangements and understandings between Us and constitutes the entire agreement relating to thesubject matter hereof and no addition to or modification of any provision of these Terms and Conditions shall be binding unless made in writing and signed by a duly authorised representative on behalf of each Us.
31.3 TheseTerms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and any dispute which may arise between Us shall be determined by the English Courts and We hereby submit to the exclusive jurisdiction of the English Courts for such purpose.