- Definitions
“Company”, “we”, “us” and “our” means Block Management Ltd.
“Leaseholder” means the registered leaseholder of the Property to which the fob relates.
“Property” means the dwelling served by the communal access control system.
“Fob” means any electronic access key, token, credential or device supplied by us.
“Refundable Security Deposit” means the £20 element included within the purchase price of qualifying fobs which may be refunded on return of the fob in accordance with these Terms.
- Application of These Terms
These Terms apply to all orders for access fobs.
By placing an order, the customer agrees to be bound by these Terms.
No order shall be deemed accepted until it has been verified and approved by us.
Payment does not constitute acceptance of an order.
We reserve the right to refuse, cancel or refund any order where we consider it necessary for security, operational or administrative reasons.
- Eligibility to Order
Because access fobs provide entry to secured communal areas, we operate strict security controls.
Orders may be placed:
- directly by the Leaseholder; or
- by a third party on behalf of the Leaseholder.
Payment may be made by the Leaseholder or by a third party authorised by the leaseholder.
Where a fob is ordered by a third party, we may supply the fob without further authority provided the fob is to be delivered to the Leaseholder at the Leaseholder’s home address.
Where a fob is ordered by a third party and delivery is requested to any other address, including the Property address where this differs from the Leaseholder’s home address, we may require written authority from the Leaseholder confirming that the third party is authorised to order the fob and specifying the delivery arrangements.
For the avoidance of doubt, placing an order does not create any entitlement to a fob and all orders remain subject to verification and acceptance by us.
We reserve the absolute right to require evidence of:
- identity;
- leaseholder status;
- authority to act on behalf of the Leaseholder;
- the Leaseholder’s home address;
- residence or occupation of the Property; or
- any other information reasonably required for security verification.
Failure to provide satisfactory evidence will result in the order being declined.
- Registration of Ownership
For the purposes of these Terms, a person shall only be regarded as a Leaseholder once their ownership interest has been formally registered in our records or otherwise verified to our reasonable satisfaction.
A person claiming to have purchased, acquired or otherwise obtained an interest in a Property shall not be entitled to receive a fob until such ownership has been verified by us.
Completion of a purchase, exchange of contracts, occupation of the Property, beneficial ownership or any pending transfer of title shall not of itself entitle any person to receive a fob.
We may require documentary evidence of ownership or leaseholder status and will decline to supply a fob until such evidence has been received and verified.
Our decision as to whether sufficient evidence has been provided shall be final.
- Transfer of Property
It is the responsibility of any seller, buyer, transferor or transferee of a Property to make arrangements for the transfer of any existing authorised fobs between them.
We shall not be obliged to provide additional, replacement or new fobs to a purchaser or occupier until ownership has been verified to our reasonable satisfaction.
Any delay in registration of ownership, updating of records or verification of entitlement shall not create any obligation on us to issue a fob.
- Unauthorised Orders
We reserve the right to decline any order where we believe:
– the purchaser is not authorised;
– information supplied is inaccurate or incomplete;
– the order presents a security risk;
– fraud is suspected; or
– supply may compromise the security of the building, residents or access control system.
Where an order is declined, any payment received may be refunded to the original payment method.
No compensation, damages or other payment shall be payable arising from the refusal, cancellation or declining of an order made for security reasons.
- Prices
The purchase price of a qualifying fob includes a Refundable Security Deposit.
The sale price of a fob may be amended by us from time to time without notice and the price payable shall be the price displayed at the time the order is placed.
The Refundable Security Deposit forms part of the purchase price and is not an additional charge.
- Complimentary Fobs
Where fobs were supplied free of charge as part of an initial installation and were designated as complimentary fobs:
– no Refundable Security Deposit shall be deemed to have been paid;
– no deposit refund shall be payable upon return; and
– no credit shall arise upon return of such fobs.
- Ownership of Security Credentials
The access credentials programmed onto any fob remain our property at all times.
The customer acquires the right to use the fob and associated credentials only.
No ownership rights are acquired in:
– the security credentials;
– the access control system;
– the system configuration;
– the access permissions; or
– any associated intellectual property.
- Customer Obligations
The customer must:
– keep the fob secure;
– prevent unauthorised use;
– comply with any building security requirements;
– notify us as soon as reasonably practicable if the fob is lost, stolen or missing.
The customer must not:
– copy the fob;
– clone the fob;
– reverse engineer the fob;
– modify the fob;
– interfere with the programming or security credentials;
– permit any third party to carry out any of the above activities.
- Lost, Stolen or Missing Fobs
Customers must notify us as soon as reasonably practicable if a fob is lost, stolen, misplaced or otherwise unaccounted for.
Upon receiving such notification, we may immediately deactivate the associated credentials without notice in order to protect the security of the communal access system and residents.
We shall not be liable for any inconvenience, loss or damage arising from the deactivation of a reported lost, stolen or missing fob.
Lost or stolen fobs are not covered by warranty.
The Refundable Security Deposit shall not be refundable in respect of a lost or stolen fob unless the original fob is subsequently returned and otherwise qualifies for a deposit refund under these Terms.
- Cloning and Tampering
Any attempt to clone, duplicate, copy, scan, reprogram, decode, emulate or otherwise interfere with a fob shall immediately void all warranty rights.
Customers acknowledge that cloning attempts may erase, corrupt or disable the security credentials stored on the fob.
We shall have no liability for any fob that ceases to operate as a result of:
– cloning attempts;
– copying attempts;
– unauthorised programming;
– tampering;
– misuse.
Where evidence of actual or suspected cloning or tampering exists:
– no replacement shall be provided free of charge;
– no refund shall be payable;
– any Refundable Security Deposit may be forfeited.
- Delivery
For security reasons, all original, replacement and warranty fobs shall only be delivered:
- to the Leaseholder at the Leaseholder’s home address; or
- to the Property address associated with the Leaseholder.
Where a fob has been ordered by a third party and delivery is requested to an address other than the Leaseholder’s home address, we may require written authority from the Leaseholder before dispatch.
We reserve the right to refuse delivery where satisfactory verification or authority has not been provided.
Risk in the fob passes upon delivery.
- Refundable Security Deposit
The purchase price of each qualifying fob includes a Refundable Security Deposit.
Subject to these Terms, the Refundable Security Deposit may be refunded if the fob is returned within two years of the purchase date and the fob has not been cloned, tampered with, altered or intentionally damaged.
The Refundable Security Deposit exists to encourage the return of access credentials and assist in maintaining the security of the communal access system.
The deposit refund may be claimed regardless of whether the returned fob is operational, provided it otherwise complies with these Terms.
After two years from the date of purchase, the entitlement to a deposit refund expires and no refund shall be payable in respect of the deposit element of the purchase price.
We may refuse a deposit refund where:
– the fob is not returned;
– the return occurs more than two years after purchase;
– the fob has been cloned or tampered with;
– the fob shows evidence of attempted cloning;
– the fob has been deliberately damaged;
– the fob has been materially altered.
- Faulty Fobs, Warranty and Consumer Rights
We warrant qualifying fobs against manufacturing defects for a period of two years from delivery.
Where a manufacturing defect is established, we may at our discretion:
– repair the fob;
– replace the fob; or
– refund the non-deposit element of the purchase price.
Any replacement fob or refund arranged under this clause shall only be supplied to the Leaseholder.
This warranty excludes defects arising from:
– misuse;
– abuse;
– accidental damage;
– water ingress;
– crushing;
– impact damage;
– neglect;
– loss;
– theft;
– cloning attempts;
– tampering;
– unauthorised modification.
Nothing in these Terms affects any statutory rights that consumers may have under applicable law.
- Inspection of Returned Fobs
We reserve the right to inspect, test and verify any returned fob before approving any warranty claim or deposit refund.
We may examine returned fobs for evidence of:
– misuse;
– tampering;
– cloning attempts;
– unauthorised modification;
– deliberate damage.
- Returned Fobs
Upon receipt of a returned fob, ownership of the physical fob and all associated credentials shall vest in us.
We may, without notice:
– erase stored credentials;
– deactivate credentials;
– reprogramme the fob;
– refurbish and reissue the fob;
– destroy or dispose of the fob.
Customers shall have no right to the return of a fob once it has been returned to us.
- Right to Deactivate
We reserve the right at any time to suspend, deactivate, withdraw, replace or reissue any fob or associated credentials where we reasonably consider it necessary for security, operational, maintenance, legal or administrative purposes.
Such circumstances may include, without limitation:
– a suspected security breach;
– suspected fraud or misuse;
– loss or theft of a fob;
– actual or suspected cloning or tampering;
– transfer of ownership of a Property;
– changes to occupancy;
– changes to access permissions;
– replacement, upgrade or maintenance of access control systems;
– compliance with legal or regulatory obligations.
Unless otherwise required by law, such deactivation shall not entitle any person to compensation, damages or a refund.
- Inactive Fobs
To maintain the security and integrity of the communal access system, we reserve the right to deactivate any fob which has not recorded any use on the communal access system for a continuous period of five years.
We may, but shall not be obliged to, attempt to contact the Leaseholder before deactivating such a fob.
Deactivation under this clause shall not entitle any person to compensation, damages or a refund.
- Changes to Access Rights
Access rights and permissions may change from time to time.
We reserve the right to amend, restrict, expand or withdraw access permissions where reasonably required for operational, legal, administrative or security reasons.
The purchase of a fob does not guarantee any particular level of access for any defined period.
- Limitation of Liability
Nothing within these Terms excludes liability which cannot lawfully be excluded.
Subject to that:
– our total liability in relation to any claim shall not exceed the amount paid for the relevant fob;
– we shall not be liable for indirect or consequential losses;
– we shall not be liable for inconvenience, loss of access, loss of enjoyment, loss of use, business interruption or similar losses;
– we shall not be liable where access is affected by misuse, loss, theft, tampering, system maintenance, security measures or circumstances beyond our reasonable control.
- Right to Refuse Future Orders
Where we reasonably believe a person has:
– breached these Terms;
– attempted to clone a fob;
– supplied false information;
– misused the access control system; or
– otherwise compromised security,
we may refuse future orders from that person.
- Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from these Terms.
