LEGAL GUARANTEE AND MANUFACTURER’S WARRANTY
Full details of the Legal Guarantee and the ASSA ABLOY Limited Manufacturer’s Guarantee (including guarantee periods, coverage, exclusions, and the claims process) are available on the Yale website at https://yalehome.co.uk/terms-conditions/ (the “Guarantee Terms”). The Guarantee Terms are incorporated into these Conditions by reference and form part of the contract between Yale and the Buyer. Yale may update the Guarantee Terms from time to time; the version in effect at the date of the Buyer’s purchase shall apply to that purchase. In the event of any conflict between the Guarantee Terms and these Conditions, these Conditions shall prevail.
The Guarantee Terms are in addition to, and do not affect, the Buyer’s statutory rights and remedies under the Consumer Rights Act 2015 or any other applicable legislation, including the right to reject goods, the right to repair or replacement, and the right to a price reduction or refund.
CONDITIONS OF SALE
These Conditions of Sale govern the sale of products by Yale directly to the Buyer. For conditions relating to the sale by a third party to the Buyer please refer to the third party’s terms and conditions of sale. Yale offer a wide range of Yale Products and services, and sometimes additional conditions may apply.
Please read these conditions carefully before placing an order with Yale. Where the Buyer purchases a Bundle, the Buyer must accept these Conditions and the Subscription Terms before adding the Bundle to the Buyer’s shopping cart. The Buyer will be required to confirm acceptance by clicking an “I accept” checkbox which will be presented before the Bundle can be added to the cart. By confirming acceptance and proceeding with the purchase, the Buyer signifies their agreement to be bound by these Conditions and the applicable Subscription Terms. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date in the footer) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1. Definitions
In this document the following words shall have the following meanings:
“Buyer” means the person who buys Products from Yale;
“Bundle” means a combined purchase of a Product (alarm hardware) together with a Subscription Plan (Secure or Pro tier), offered at a discounted hardware price.
“Conditions” means the terms and conditions of sale set out in this document and any additional terms and conditions agreed in writing by Yale;
“Click-wrap Acceptance” means the Buyer’s acceptance of these Conditions and/or the Subscription Terms by clicking an “I accept” checkbox, button, or equivalent electronic affirmation presented before the Bundle can be added to the Buyer’s shopping cart, which constitutes a valid formation of contract for the Subscription Services at the point of acceptance.
“Delivery date” means the date specified by Yale when the Products are to be delivered;
“Products” means the articles to be supplied to the Buyer by Yale;
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
“Price” means the price set out in the list of prices of the Products maintained by Yale as amended from time to time and displayed on a Yale website or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by Yale or as may apply in accordance with these conditions;
“Promotional Offer” means any time-limited offer, including free trial periods, discounted introductory pricing, QR codes or discount codes provided on product packaging or at the point of delivery.
“Yale” means Yalehome.co.uk
2. General
2.1 These conditions shall apply to all purchases of Products by the Buyer from Yale to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply.
2.2 All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Conditions.
2.3 The Buyer’s order is an offer to Yale to buy the product(s) in the order. Yale may acknowledge that it has received the Buyer’s order, but this does not confirm acceptance of your offer to buy the product(s) ordered. Yale only accepts the Buyer’s offer, and concludes the contract of sale for a product ordered by the Buyer, when it dispatches the product to the Buyer. Where the Buyer purchases a Bundle, the Buyer must accept these Conditions and the Subscription Terms before the Bundle can be added to the Buyer’s shopping cart. By accepting these Conditions and the Subscription Terms and completing the purchase, the contract for the Subscription Services shall be formed at the point of Click-wrap Acceptance, and the contract for the Products shall be formed upon dispatch.
2.4 Delivery of the Products does not affect the Buyer’s right to cancel under Clause 4 or any other statutory right.
2.5 Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by Yale.
2.6 Any advice, recommendation or representation given by Yale or its employees or agents to the Buyer as to the storage, application or use of the Products or otherwise which is not confirmed in writing by Yale is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, Yale shall not be liable for any such advice, recommendation or representation which is not so confirmed.
3. Price and payment
3.1 All prices are inclusive of legally applicable VAT.
3.2 At the time the Yale website was last updated the Products were available. Yale endeavours to provide an accurate stockholding position at the time of purchase, however, cannot be more specific about availability. Yale will inform the Buyer if any Products the Buyer orders are not available and the Buyer will not be charged for those products.
3.3 Purchase of the Products by the Buyer and passing of title in the goods to the Buyer is subject to payment in full of cleared funds by the Buyer to Yale even where the Products have been dispatched to the Buyer.
3.4 Where these have been extended to a Buyer, Yale reserves the right to grant, refuse restrict, cancel or alter credit terms at its sole discretion at any time.
3.5 Non or failed payment by the Buyer for any reason shall terminate the rights of the Buyer in respect of the relevant purchase for which payment has not been received and funds cleared.
3.6 When ordering Products from Yale for delivery outside of mainland UK, the Buyer may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the Buyer; Yale has no control over these charges.
3.7 Additionally, please note that when ordering from Yale, the Buyer is considered the importer of record and must comply with all laws and regulations of the country in which the Buyer is receiving the Products.
3.8 Where the Buyer purchases a Bundle, the total price payable at checkout shall be clearly displayed in the following format. The table below sets out the pricing structure for each Bundle, which must be presented to the Buyer before purchase in compliance with the price transparency requirements of the Digital Markets, Competition and Consumers Act 2024:
| SKU | Description | Promo package price (alarm + 2 months subscription) | Month 1 subscription | Month 2 subscription | Total minimum subscription commitment | Total amount payable under this agreement |
| YH-AL-CORE-SEC-2M | Yale Home Alarm - Core Secure Kit | £237 | Free | £9 per month | £81 | £318 |
| YH-AL-CORE-PRO-2M | Yale Home Alarm - Core Secure Pro Kit | £257 | Free | £29 per month | £261 | £518 |
| YH-AL-COREPLS-SEC-2M | Yale Home Alarm - Core Plus Secure Kit | £287 | Free | £9 per month | £81 | £368 |
| YH-AL-COREPLS-PRO-2M | Yale Home Alarm - Core Plus Secure Pro Kit | £307 | Free | £29 per month | £261 | £568 |
4. RIGHTS OF CANCELLATION
4.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended), the Buyer has the right to cancel the contract for the Products within 14 calendar days beginning on the day after the day on which the Buyer (or a person nominated by the Buyer, other than the carrier) receives the Products. Where the Buyer has purchased a Bundle, cancellation of the Products within this period shall also cancel the associated Subscription, and the Buyer shall receive a full refund of all sums paid, including any subscription fees.
4.2 The Buyer must inform Yale that the Buyer wishes to cancel in writing either via Phone call to Customer services on 01824 731141 or complete our online contact form Click here within a period of 14 days beginning on the day after the day the Buyer receive the Products.
4.3 The Buyer must return the Products to Yale in accordance with the following instructions:
Yale offers a FREE RETURNS on all items within 14 days of your delivery date but you must follow our returns policy outlined below:
Complete this contact form with your Yale Order Number in the subject line (Found on your email order receipt)
All items must be returned in the same condition you received them in, along with the original packaging and all manuals and accessories. Damaged or used goods will not be accepted.
Products must be returned to Yale within 14 days of the return being accepted.
Once the return is accepted by Yale you will be sent a pre-paid label via email with a unique reference number unless advised otherwise. You must use this prepaid label so we can find your order once it arrives back to us (Yale will not accept any liability for any parcels returned without completing these steps).
Please obtain proof of posting at the time of returning.
There are a few items we cannot refund:
a. Made to order items, such as cut keys for doors and safes.
b. Services such as Professional Installation, (in some cases installations can be cancelled if the work has NOT started, must be cancelled 2 working days before scheduled installation date).
4.4 If the Buyer return goods to Yale, Yale will not be responsible for any loss or damage to them during transit and it is recommended that the Buyer use a recorded or secure delivery method. If goods are lost or damaged in transit, Yale may charge the Buyer, or not refund to the Buyer, amounts that are attributable to the loss or damage.
4.6 On cancellation Yale will reimburse all payments received from the Buyer for the Products purchased and will also reimburse all reasonable delivery charges no later than 14 days from the day on which Yale receives the returned Products. Yale will use the same means of payment as the Buyer used for the initial transaction, unless expressly agreed otherwise.
4.7 The right of cancellation does not apply to:
· Products made to the Buyer’s specifications or clearly personalized by the Buyer;
· Products that have been adapted by the Buyer or a third party on behalf of the Buyer in any way;
· Marks or numbers on the Products have been removed or tampered with;
· Where the Buyer has failed to comply with the terms of any end-user licence for the use of an app or software.
4.8 The Buyer may also cancel by any clear statement setting out the decision to cancel.
5. DELIVERY
5.1 Unless otherwise agreed in writing, delivery of the Products shall take place at the address specified by the Buyer on the date specified by Yale. The Buyer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery.
5.2 The date of delivery specified by Yale is an estimate only. While every reasonable effort will be made to deliver by the estimated date, if Yale fails to deliver the Products within 30 days of the order (or such other date as agreed), the Buyer may cancel the order and receive a full refund in accordance with section 28 of the Consumer Rights Act 2015.
5.3 If Yale is unable to deliver the Products for reasons beyond its control, then Yale shall be entitled to place the Products in storage until such time as delivery may be made.
5.4 Yale shall be entitled to deliver the Products by instalments and where the Products are so delivered, each delivery shall constitute a separate contract and failure by Yale to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related contract as repudiated.
6. ACCEPTANCE
6.1 The Buyer is exclusively responsible for detailing the specification of the Products, for ascertaining the use to which they will be put and for determining their ability to function for that purpose.
6.2 Nothing in this clause affects the Buyer’s short-term right to reject goods under section 22 of the Consumer Rights Act 2015, which provides a 30-day period from delivery within which the Buyer may reject goods that do not conform to the contract.
6.3 The Buyer shall not remove or otherwise interfere with the marks or numbers on the Products.
7. LEGAL GUARANTEE AND MANUFACTURER'S WARRANTY
7.1 Where the Products are found to be defective, Yale shall replace defective Products free of charge within the manufacturer’s warranty period or the Legal Guarantee, whichever provides the Buyer with the greater right, in accordance with the Legal Guarantee and Manufacturers Terms and Conditions.
8. LIABILITY
8.1 Yale and its affiliates will not be responsible for (i) losses that were not caused by any breach on its part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both the Buyer and Yale when the contract for the sale of Products by Yale to the Buyer was formed. For the avoidance of doubt, nothing in these Conditions excludes or limits Yale’s liability for: (a) death or personal injury caused by Yale’s negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by sections 9, 10, 11, 12 and 17 of the Consumer Rights Act 2015; or (d) defective products under the Consumer Protection Act 1987.
8.2 Nothing in these conditions limits or excludes responsibility for fraudulent representations made by Yale or for death or personal injury caused by Yale’s negligence or wilful misconduct.
8.3 Yale will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control.
8.4 The limit of Yale’s liability for all loss or damage suffered by the Buyer shall not exceed the Price.
9. INTELLECTUAL PROPERTY
9.1 Where any Products supplied by Yale embody, include or contain software and/or apps and/or related documentation the copyright in which is owned by a third party, all rights and liabilities associated with the use and/or reproduction thereof will be subject to the terms of the applicable end user licence, to the exclusion of all liabilities and obligations on Yale’s part.
9.2 The buyer must follow the terms and conditions of any licence required to be accepted in order to fully utilise the Products.
10. FORCE MAJEURE
10.1 Yale shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Yale shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Yale considers unreasonable, it may without liability on its part, terminate the sale of the Product and reimburse the Buyer for the payments the Buyer has made.
11. PROMOTIONS AND SPECIAL OFFERS
11.1 Unless specific terms and conditions apply the terms in this clause 11 will apply to all promotional or special offers made by Yale.
11.2 From time to time on www.yalehome.co.uk (the “website”) Yale may run promotions.
11.3 Only one promotion can be used per order. A promotion may not be used in combination with other promotions.
11.4 A Buyer is restricted to ordering no more than five (5) of the same Product during any promotional period and any further orders for the same product by the Buyer during the same promotional period may be refused, cancelled or withdrawn by Yale.
11.5 All promotions are subject to availability and while stocks last. Yale reserve the right to end a promotion at any time.
11.6 Yale shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion or any failure or inability of a customer to take advantage of a promotion for any reason.
11.7 Promotional Offers for Bundles. Where a Bundle is sold with a Promotional Offer (including but not limited to one month’s free subscription and two months’ subscription payable at the point of purchase): (a) the full terms of the Promotional Offer, including the total cost during and after the promotional period, shall be clearly communicated to the Buyer before purchase; (b) QR codes or discount codes included on product packaging or delivered with the Products shall be valid for a minimum of 30 days from the date of delivery; (c) at the end of the Promotional Offer period, the Subscription shall continue at the standard subscription fee for the selected Subscription Plan (Secure or Pro) unless cancelled by the Buyer in accordance with the Subscription Terms; and (d) Yale shall send the Buyer a reminder notice at least 5 working days before the end of the Promotional Offer period, informing the Buyer of the standard fee that will apply and how to cancel.
12. MISCELLANEOUS
12.1 Waiver
The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement.
12.2. Severability
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12.3. Entire Agreement
These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.
12.4. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusion jurisdiction of the English courts.
Yale Smart Products - Subscription Terms
Yale have made certain video and alarm monitoring services (“Subscription Services”) available to customers that use an eligible alarm and/or video Smart Product (as defined in the Product Terms). These terms and conditions (“Subscription Terms”) will govern your use of the Subscription Services. These Subscription Terms supplement the Yale Home User Terms and Yale Home Product Terms and apply to your use of the Subscription Services. All terms in the Yale Home User Terms apply to these Subscription Terms.
The Subscription Services have been made available as different plans, each priced differently and offering specific features and functionalities (“Subscription Plans”).
PLEASE READ THESE SUBSCRIPTION TERMS CAREFULLY BEFORE SUBSCRIBING TO A SUBSCRIPTION PLAN.
Capitalised terms not defined in these Subscription Terms shall have the meaning set out in the Yale Home User Terms.
BY CLICKING "I AGREE" (OR EQUIVALENT PROMPT) ON THE APP THROUGH WHICH YOU ARE SUBSCRIBING TO A SUBSCRIPTION PLAN; YOU AGREE TO BE BOUND BY THESE SUBSCRIPTION TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I AGREE" (OR EQUIVALENT PROMPT).
Where you purchase a Bundle from our website, you will be required to accept these Subscription Terms before adding the Bundle to your shopping cart. Acceptance is completed by clicking an “I accept” checkbox (or equivalent prompt) presented alongside a link to these Subscription Terms. You will not be able to add the Bundle to your cart or proceed with the purchase until you have confirmed acceptance. By completing this acceptance, you agree to be bound by these Subscription Terms for the Subscription Plan (Secure or Pro) included in your Bundle. You will be provided with a copy of these Subscription Terms on a durable medium (by email or in your user account) promptly after checkout, in accordance with regulation 16 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1. WHO WE ARE
We, ASSA ABLOY Ltd. (trading as “Yale” and forming part of the ASSA ABLOY Group of companies), are a company incorporated in England and Wales (registration number 02096505), with our address at Portobello, School Street, Willenhall, WV13 3PW ("we," "us," or "our").
2. RESTRICTIONS ON WHO MAY USE THE SUBSCRIPTION SERVICES
2.1 We only provide Subscription Services in certain countries. You can find a list of where the Subscription Services are available here (“Permitted Countries”). Unfortunately, we do not accept orders from, or provide Subscription Services to, addresses outside the Permitted Countries. You agree not to use or attempt to use any Subscription Service outside the Permitted Countries.
3. NOT FOR COMMERCIAL USE
The Subscription Services are unsuitable for use in any in any business or for any commercial purpose and should not be used on commercial premises. By agreeing to these Subscription Terms, you promise that you will only use the Subscription for non-commercial purposes in a single private or domestic setting (the “Premises”).
4. YOUR PRIVACY
We value your privacy. Under data protection legislation, we are required to provide you with certain information including who we are and how we process your personal data collected in connection with your use of the Subscription Services (as well as the Smart Products and the App). This information is provided in the Yale Home Subscription Privacy Notice, which applies in addition to the Yale Smart Products Privacy Notice, and it is important that you also read that information.
5. ADDITIONAL TERMS
5.1 These Subscription Terms apply in addition to the terms that govern your use of the App and the Smart Products, which are the:
Yale Home User Terms;
Yale Smart Products Privacy Notice and the Yale Home Subscription Privacy Notice;
Yale Smart Product Terms;
Legal Guarantees; and
Product Regulatory Documents.
In case of any conflict between the Subscription Terms and these other terms, the provisions of these Subscription Terms shall prevail solely in relation to the Subscription Plans and use of the Subscription Services. It is your responsibility to review and comply with all applicable terms related to the use of the App and the Subscription Services.
6. SUBSCRIPTION PLANS
6.1 We offer different Subscription Plans for the Subscription Services, each with varying features, services and pricing. Not all features or services will be available in all Permitted Countries. The details of the Subscription Plans that are available to you (and their pricing) are provided on the App during the sign-up process.
6.2 To subscribe to a specific Subscription Plan, you must own a relevant Smart Product compatible with that Subscription Plan. Select a Subscription Plan that you feel best suits your needs. By subscribing to a particular Subscription Plan, you agree to pay the associated subscription fee and comply with the terms and conditions specific to that plan.
7. TRIAL
7.1 We may offer trials of paid Subscriptions for a specified period without payment ("Trial"). If this is applicable to you, we will notify you as part of the sign-up process. These Subscription Terms also apply during any such Trial. Trials are subject to availability and may vary by country, billing platform or additional eligibility requirements. These will be made clear as part of the sign-up process.
7.2 If you have subscribed to a Trial, you will automatically enter into a paid Subscription Plan at the end of the Trial period. We provide notice of the terms of the Trial when you sign up and will send you an email reminder that your Trial is about to end. You can choose not to continue to a full price Subscription Plan at the end of the Trial period by cancelling through the settings within the App at any time before the end of the Trial period. If you choose to cancel during the Trial, you will not be charged and your Content will be deleted at the end of the Trial period.
8. COMMENCEMENT
8.1 We will email you to confirm we have received and have accepted your order, at which point a contract (“Subscription”) will come into existence between us. On our acceptance of your order, we will commence the Subscription Services in accordance with your chosen Subscription Plan and we will bill your payment method in accordance with Clause 13 (Payment) below.
8.2 By agreeing to these Subscription Terms, you expressly request that we commence the provision of the Subscription Service as soon as possible, whether or not this is before the end of any cooling off period you have under Clause 9, and that you must pay us for the Subscription Services provided up until the time you tell us that you have changed your mind.
8.3 Sometimes we reject orders for legitimate reasons such as where we have identified an obvious error in the price of the Subscription Plans or that you are not eligible for the Services. When this happens, we let you know as soon as possible and refund any sums you have paid.
9. COOLING OFF PERIOD
You have 14 days from the date we email you to confirm we accept your order to cancel your Subscription. If you cancel your Subscription after we have started the Subscription Services further to your express request to do so, you must pay us for the Subscription Services provided up until the time you tell us that you have changed your mind. You can use the Model Cancellation Form at Appendix 1 when you notify us that you would like to cancel but this is not a requirement. You can also cancel after the cooling off period, as described in Clause 16.
Where you have purchased a Bundle, your cooling-off period for the Subscription shall run concurrently with the cooling-off period for the Products (i.e., 14 days from the day after you receive the Products). If you cancel the Subscription during this cooling-off period, you shall receive a full refund of any subscription fees paid, less a proportionate amount for any Subscription Services already provided at your express request. If you cancel the Bundle as a whole during the cooling-off period, both the Products and the Subscription shall be cancelled and you shall receive a full refund of all sums paid.
10. SUBSCRIPTION PERIOD
The duration of your subscription period (“Subscription Period”) is as specified in your selected Subscription Plan (and may be monthly or annual or as otherwise specified). Unless cancelled by you or us or suspended by us, your Subscription will automatically renew at the end of each Subscription Period.
10A. RENEWAL REMINDERS AND COOLING-OFF (CONTINGENT ON COMMENCEMENT)
10A.1 This clause 10A shall take effect from the date on which sections 258, 259 and 265 of the Digital Markets, Competition and Consumers Act 2024 are brought into force by commencement regulations made under section 339 of that Act (the “DMCCA Commencement Date”). Until the DMCCA Commencement Date, our existing obligations regarding renewal information under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall continue to apply.
10A.2 From the DMCCA Commencement Date, before each renewal of your Subscription Period, we shall send you a reminder notice in accordance with sections 258 and 259 of the Digital Markets, Competition and Consumers Act 2024. The reminder notice shall: (a) remind you that the Subscription will automatically renew; (b) inform you of the renewal date and the applicable fee; (c) explain how you can cancel before renewal; and (d) be sent within the timeframe prescribed by law.
10A.3 From the DMCCA Commencement Date, you shall have a cooling-off period of 14 days from the date of each renewal, during which you may cancel the renewed Subscription without penalty. If you cancel during this renewal cooling-off period, we shall refund any fees paid in respect of the renewed Subscription Period.
10A.4 Notwithstanding the above, Yale may at its discretion elect to comply with clauses 10A.2 and 10A.3 in advance of the DMCCA Commencement Date as a matter of best practice.
11. USE OF THE SUBSCRIPTION SERVICES
During the Subscription Period, you will have access to the Subscription Services in accordance with the features and functionalities included in your chosen Subscription Plan. You agree not to use the Subscription Services to reproduce, distribute, modify, or create derivative works based on the Subscription Services without our prior written consent.
12. SUBSCRIPTION SERVICE SPECIFIC TERMS
12.1 Cloud Storage
a. If your Subscription Plan includes the Cloud Storage feature then your Smart Product may transfer its Content to a cloud server (“Cloud Recordings”).
b. The Cloud Storage feature can store up to thirty days of Cloud Recordings. If you exceed this thirty-day limit, then the oldest clips will be deleted first. You agree that we may delete the Cloud Recordings when (i) you exceed your storage quota; or (ii) you are no longer subscribing to a Subscription Plan that includes this feature, and we shall have no responsibility for any loss of data.
c. You give us the right to access and use your Cloud Recordings for the limited purposes of providing Subscription Services to you in accordance with these Subscription Terms. You also acknowledge that we may disclose your Cloud Recordings to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith reason to believe that such access, use, preservation or disclosure is reasonably necessary to:
i. comply with a legal process or request;
ii. enforce these Subscription Terms, including investigation of any potential violation of them;
iii. detect, prevent or otherwise address security, fraud or technical issues; or
iv. protect the rights, property or safety of Yale, its users, a third party, or the public as required or permitted by law.
d. Yale also reserves the right, but shall not be obligated, to remove any Cloud Recordings from our servers for these purposes at any time.
12.2 Advance AI
a. If your Subscription Plan includes the Advance AI features, then your Smart Product will utilise artificial intelligence algorithms to identify and categorise items such as pets, packages and vehicles that are visible within a camera feed and you can adjust the items to record and/or be notified of all or some of these events.
b. Please note that there are inherent limitations in the Smart Product technology and the artificial intelligence algorithms which means that the Advance AI will not always capture these items. Such events can include environmental conditions, light visibility, object variability, programming limitations etc.
c. By using the Advanced AI feature you acknowledge that the Advanced AI feature should not be used for any situation where precision or accuracy of identification is important and that we will not be responsible for any inaccuracies or misidentifications caused from use of this technology.
12.3 4G Sim Card
a. If your Subscription Plan includes the Sim Back Up feature, then your Smart Product may connect to the internet through the 4G network when your Wi-Fi connection is inactive.
b. Mobile network coverage and performance is subject to a number of external factors that may affect the signal strength such as network congestion, weather, and location. We do not guarantee a specific level of performance or connectivity through the use of this feature.
c. Please contact us if your Sim Back Up feature is inactive for a prolonged period of time.
12.4 Automated Call Alert
a. If your Subscription Plan includes the Automated Call Alert feature, on receipt of an alarm event from the Smart Product, the person(s) listed by you as “Emergency Contact(s)” for the Premises shall receive an automated call to inform them of the alarm event.
b. You must obtain the permission of any individuals whom you add to your Subscription Plan as Emergency Contacts (prior to adding their details) and keep their details up to date in the App.
c. You acknowledge that Yale is not responsible for an Emergency Contact not receiving a call due to their phone being unavailable due to being in use, switched off, in an area with poor network coverage, your provision of inaccurate details or any other reason.
12.5 Professional Monitoring
a. If you are in the UK and your Subscription Plan includes the Professional Monitoring Feature then upon an alarm event taking place, personnel within our monitoring centre (“Monitoring Personnel”) will check the alarm status and all video monitoring Smart Products within the Premises. You agree that the Monitoring Personnel may make use of the Content (real-time or recorded) provided through the Smart Products to verify the nature of any alarm event.
b. Should our Monitoring Personnel spot signs of illegal activity or intrusion they will contact law enforcement authorities. Once they have contacted law enforcement or if they are unable to determine the cause of the alarm, they will contact the Emergency Contacts (in the order of priority you have set up) to determine the next step. The Monitoring Personnel shall have no obligation to contact law enforcement until they have reason to believe that illegal activity is taking place on the Premises.
c. On contacting an Emergency Contact, and the Emergency Contact providing the security keyword, the Monitoring Personnel will inform the Emergency Contact of the situation. You must keep and (procure that your Emergency Contacts keep) the security keyword for your User Account confidential. You acknowledge that Yale will not provide the details of any security event or take instructions from any person that is unable to provide the security keyword.
d. You acknowledge that Yale has no liability to you for any loss or damage resulting from the Monitoring Personnel:
i. being unable to receive a signal from the Premises (other than through a technical error caused by Yale);
ii. being unable to contact an Emergency Contact (upon dialling the number provided by you); or
iii. following the instructions of an Emergency Contact who has provided the security key word.
e. Where the Monitoring Personnel are unable to verify the nature of the alarm event, they may offer to send a mobile response officer to the Premises to verify the nature of the event. The mobile response officer will check for signs of illegal/suspicious activity and shall notify the Monitoring Personnel accordingly. Please note that the mobile response officer will simply assess the situation from outside the Premises. They cannot enter the Premises and will not apprehend or confront any person should they come across an active suspected criminal situation.
f. We reserve the right to withdraw, suspend or charge for the provision of a mobile response unit where we believe it is being used excessively (i.e. more than three call outs in a six-month period)
g. The Professional Monitoring Feature is intended to assist you and any permitted Monitoring Personnel to verify an alarm event at the Premises. The feature will not reduce or eliminate any risk of loss. The feature does not replace the necessity of a working alarm system, will not detect or prevent all unauthorised intrusions onto the Premises, and should not be relied on to detect other emergency conditions, such as fire, smoke, carbon monoxide, medical emergencies or water damage.
13. SUBSCRIPTION FEES
Each Subscription Plan has associated fees, which are communicated to you during the sign-up process. The fees may vary depending on the chosen Subscription Plan and any applicable additional services.
14. PAYMENT
14.1 During the sign-up process you will provide us with a current and valid method of payment accepted by us or any third-party payment processor we use (“Payment Method”) and you will keep the Payment Method updated during the Subscription Period.
14.2 By subscribing to a Subscription Plan, you authorise us to charge the applicable Subscription fees to the Payment Method in advance for the entire Subscription Period (after any Trial period) on a recurring basis until the Subscription is cancelled. You agree to ensure sufficient funds are available to cover the Subscription fees. Fees may be refundable where required by law, including where you exercise your right to cancel during a cooling-off period or where we fail to provide the Subscription Services in accordance with these Subscription Terms.
15. VOUCHER CODES
15.1 Yale may provide you with a voucher code. You can apply this voucher code during sign-up or directly in your User Account after sign-up. These Subscription Terms also apply when using any such voucher code.
15.2 The voucher code may only be used once by you prior to its expiration date. Voucher codes which are not redeemed during the respective voucher period will expire without any compensation to you. If a technical error in the App prevents the redemption of the voucher code by you during the respective voucher period, please contact Customer Support and we will provide you with a replacement code.
16. YOUR RIGHT OF CANCELLATION
You may cancel your Subscription at any time through the settings within the App, by contacting Customer Support, or by any other clear and accessible means. From the DMCCA Commencement Date (as defined in clause 10A.1), Yale shall ensure that the process for cancelling a Subscription is no more burdensome than the process by which the Subscription was entered into, in accordance with section 260 of the Digital Markets, Competition and Consumers Act 2024. The cancellation will be effective at the end of your current Subscription Period, and you will not be charged for any subsequent terms. You will retain access to the Subscription Services from the time you cancel until the start of the next Subscription Period and, unless we specify otherwise, you will not receive a refund or credit for any remaining days in your current Subscription Period.
16A. EARLY CANCELLATION OF BUNDLE SUBSCRIPTIONS
16A.1 Where the Buyer has purchased a Bundle and cancels the Subscription after the expiry of the applicable cooling-off period (as set out in Clause 9) but before the end of the minimum commitment period of 12 months (being the Promotional Offer period plus 9 months at the standard monthly subscription rate), the Buyer shall be liable to pay the remaining balance of the minimum subscription commitment. The remaining balance shall be calculated as the number of outstanding months of the 9-month minimum subscription period (i.e. excluding the Promotional Offer period) multiplied by the standard monthly subscription fee for the Buyer’s selected Subscription Plan (Secure or Pro).
16A.2 The early termination charge under clause 16A.1 is a proportionate charge that reflects the value of the Subscription Services to be provided during the remaining minimum commitment period. It does not include any element of customer acquisition costs or service delivery costs avoided by Yale as a result of the cancellation.
16A.3 The early termination charge shall be payable by the Buyer within 14 days of the cancellation taking effect. Yale shall provide the Buyer with a clear written statement setting out the calculation of the charge at the time of cancellation.
16A.4 For the avoidance of doubt, this clause 16A does not apply where: (a) the Buyer cancels during an applicable cooling-off period under Clause 9, in which case the Buyer shall receive a full refund in accordance with that clause; or (b) the Buyer exercises the statutory short-term right to reject the Products under section 22 of the Consumer Rights Act 2015 within 30 days of delivery on the grounds that the Products do not conform to the contract, in which case the Buyer may return the Products and cancel the associated Subscription without incurring any early termination charge, and shall receive a full refund of all sums paid (including any subscription fees). This clause also does not affect the Buyer’s other statutory rights, including the right to repair, replacement, or a price reduction under the Consumer Rights Act 2015.
17. OUR RIGHT OF CANCELLATION
We may cancel your Subscription or suspend your access to the Subscription Services at any time if you (i) violate these Subscription Terms, (ii) fail to make the required payments, (iii) within a reasonable time of us asking for it, fail to provide us with information, cooperation or access that we need to provide the Subscription Services, (iv) the Smart Product excessively signals the monitoring centre without apparent reason or otherwise (in the reasonable opinion of Monitoring Personnel) becomes a technically difficult account to service, or (v) engage in any fraudulent, abusive, or illegal activities related to the Subscription Service. Other than in the case of (v), we will give you reasonable notice before cancelling your Subscription or suspending your access to the Subscription Services. Unless we cancel the Subscription in accordance with (iii) or (iv), we will not provide any refunds for unused portions of your Subscription Period, unless required by law.
18. AFTER CANCELLATION
Upon cancellation (by you) of your Subscription, you will retain access to the Subscription Services from the time you cancel until the start of the next Subscription Period. We are not liable for any loss of data or Content resulting from the cancellation of your Subscription. Please ensure you download any Content from your Account which you wish to keep before your cancellation takes effect.
19. CHANGES
19.1 We reserve the right to modify or update the Subscription Terms and/or the features and pricing of each Subscription Plan at any time, provided that any change which is materially detrimental to you shall require your affirmative consent before taking effect. We may need to change these Subscription Terms and Subscription Plans to reflect changes in law or best practice, because of changes or restrictions caused by third parties who we rely on to provide the Subscription Services, or to deal with additional features or new products which we introduce.
19.2 We will give you at least thirty (30) days' notice of any changes by sending you an email with details of the change and/or notifying you of a change via your User Account. When giving you notice of the changes, we will tell you what you can do if you do not accept the changes, including how to exercise your right to end this agreement between us for use of the Subscription Services.
19.3 If you do not wish to accept these changes you may cancel your Subscription before they take effect. If you do not cancel your Subscription before the effective date of the modified Subscription Terms, you agree to be bound by the updated Subscription Terms. We will refund any sums you've paid in advance for Subscription Services which won't be provided.
20. GENERAL TERMS
20.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your Subscription Services. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the Subscription. If you wish to do so, you can cancel your Subscription in accordance with Clause 14.
20.2 You cannot transfer your Subscription to a new owner. The new owner will have to register for a separate user account in order to use the Subscription Services.
20.3 Even if we delay in enforcing these Subscription Terms, we can still enforce them later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later, provided that we are allowed to do so under applicable law.
20.4 If a court invalidates some of these Subscription Terms, the rest of them will still apply. If a court or other authority decides that some of these Subscription Terms are unlawful, the rest will continue to apply.
20.5 Which laws apply to these Subscription Terms and where you may bring legal proceedings. These Subscription Terms are governed by the laws of the country where you live and you can bring legal proceedings in the courts of the country where you live.
If you have a problem, we encourage you to contact Customer Support in the first instance using the contact details available at https://www.yalehome.com/support. Depending on where you live, you may also be able to resolve your complaint via a local consumer dispute resolution mechanism. Please visit https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en for more information.
Additionally, if you live in the European Economic Area, the European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.