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This document governs the relationship between you and MobileLocate Ltd. when you use our online services.

TERMS OF SERVICE

We provide our service to you subject to the following terms and conditions. You must read the terms and conditions of this contract before using the service. By using the service you agree to be bound by the terms and conditions set out below which may be updated by us from time to time. In addition, when using particular services or entering competitions, you shall be subject to any applicable guidelines and rules applicable to such services which may be posted by us from time to time. All such guidelines and rules are hereby incorporated by reference into these terms. In the case of any inconsistency between any such guideline or rule and these terms, the guideline or rule shall prevail. If you do not wish to be bound by these terms and conditions, you may not use the service.

CONTRACT TERM

This contract becomes valid at the start of your 30 day free trial or from the date you log in for the first time to the MobileLocate Console. During the first 30 days, you can cancel your subscription at any time and you will not incur any further charges. You will also not be charged a license fee for the use of the MobileLocate service for the first 30 days. After the end of the first 30 days, the contract becomes valid for further 12 months. This Agreement shall automatically renew on each subsequent year for a one-year term, unless it is terminated earlier in accordance with this Agreement.

NOTICE

In order to cancel your contract you need to log on to MobileLocate, go to My Account and follow the instructions on the web page how to cancel.

COST

We will charge you annual subscription fee for using the service. The annual fee and the number of inclusive location requests and inclusive short text messages is set out in the price list at our web site www.mobilelocate.co.uk/prices and made clear during your registration for the Service.

When you register for the Service we will ask you to select a payment method and we will begin charging you for the service on the date that the service is available for you to use.

If you exceed your monthly inclusive location requests and text messages a charge for the additional use will be added to your next monthly payment.

If you send a location request from your mobile phone to the Service, then you will incur a charge from your mobile operator as per your tariff.

CANCELLATION POLICY

If you cancel after the initial 30 day trial period, you will incur a cancellation fee of £65 + VAT (£76.38 inclusive of VAT). We will attempt to refund the balance of the annual subscription to your registered debit/credit card. If that proves unsuccessful and you require us to refund you by cheque, a further manual refund charge of £5 + VAT (£8.75 inclusive of VAT) is incurred and deducted from your balance.No refunds are given if you have subscribed for longer than 6 months to the service.

LOCATING CHILDREN UNDER 16 YEARS OF AGE

You must provide details of the age of a Locatable User when the Locatable User is a child under 16 years of age and you must confirm your relationship to the child e.g. parent / legal guardian. 
You agree that your name and mobile phone number can be sent to other Locating Users registered for the same Locatable User when that Locatable User is a child under 16 years of age.

You must be 18 years old or older in order to subscribe to the MobileLocate service.

NOTIFICATIONS

We will notify the locatable mobile phone via text message when:
A locator requests a permission to be able to locate the locatable mobile phone
When a locator receives permission to locate the locatable mobile phone

We will notify the locator via text message when:
A Locatable user permits the Locating user to locate the locatable mobile phone
A Locatable user withdraws the Locating user's permission to locate the locatable mobile phone.

It is possible for more than one locator to receive permission to locate the same locatable mobile phone. We notify all locators who are permitted to locate the same locatable mobile phone when one or more locators receive permission to locate the same locatable mobile phone or have their permission withdrawn to locate the locatable mobile phone.

MESSAGES AND POSITIONS COLLECTED AT ANY MOBILELOCATE LTD. WEB SITE.

MobileLocate Ltd. does not claim ownership of the data provided to MobileLocate Ltd. (including positions and messages) by use of the Services or its associated services. However, by using the Services you are granting MobileLocate Ltd. and necessary sub licensee's permission to use your data in connection with the operation of the Services (including, without limitation, all MobileLocate Ltd. Services). No compensation will be paid with respect to the use of your data, as provided herein. MobileLocate Ltd. is under no obligation to post or use any data and MobileLocate Ltd. may remove any data at any time in its sole discretion.

USER CONDUCT

We provide the Service to you solely for your personal or company use. You undertake not to use the Service

for any unlawful purpose; 
in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired; 
in any way that may damage or disrupt another user's computer; 
for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs; 
to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety; 
as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users; 
in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality); 
to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a MobileLocate Ltd. employee, manager, host or another user; or 
to transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages. 
However, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service. You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.

DEFINITIONS

Contract means this agreement;
MobileLocate Ltd. means MobileLocate Ltd., 40 Occam Road, Guildford, GU2 7YG, Surrey , UK. 
Information means all material delivered by us through the Web site; 
Registration Form means the form you must complete in order to use the Service and/or register for any other reason; Registration Information means all personally identifiable information collected by us when a user registers on the Web site and/or registers for any other reason; 
Service means the provision by us to you of access to the Information through this Web site; 
"we", "us", "our" means MobileLocate Ltd.; 
"SMS", "message" means a text message from the service to you or a message received by the service for you; 
"LBS", "position" means a latitude and longitude corresponding with the physical location of a mobile phone; 
Map means a graphical representation of a geographical map.
Web site means the relevant web site situated at www.mobilelocate.co.uk 
"you", "your", "yourself" means you, the Service end-user. 
"Locatable User" means the owner or keeper of a Locatable Mobile Phone who has consented to being Located; "Locating User" means a person wishing to locate a Locatable Mobile Phone and who has registered with the Service; "Locate" means the process of locating a Locatable Mobile Phone by means of the Service; 
"Locatable Mobile Phone" means a mobile telephone registered to be located by a Locating User;

REGISTRATION, PASSWORD, SECURITY AND USE

To sign up to access all areas of the Web site, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the Registration Form. You will then be send a password to your specified address. You are then entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. MobileLocate Ltd. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MobileLocate Ltd. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You agree to (a) notify us immediately of any unauthorized use of your account or any other breach of security, and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your access to those parts of the Service requiring registration. You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that positions and/or messages or other content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any positions and/or messages and other communications or other content maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

You acknowledge that MobileLocate Ltd is obtaining your location from the relevant Network Provider. Accordingly, by registering you authorize the relevant Network Provider to release and deliver location information to MobileLocate Ltd in accordance with the provisions of the Data Protection Act 1988

DISCLAIMER OF WARRANTIES

We as a service provider contract with mobile telephone network operators for facilities to enable the provision of the Service to you. As such components of the Service are supplied to us by third parties we can make no promises or warranties, express or implied as to the Service, including without limitation, its accuracy, relevance or quality. The Service is subject to the limitations of the enabling technology on which it relies and may be adversely affected by network performance and other technological or operational factors beyond our control such as congestion, network coverage, dropped connections and the performance of your mobile device. The Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You acknowledge that: (a) it is technically impossible to provide the Service free of faults and that we do not undertake to do so; (b) faults may lead to temporary unavailability of the Service; (c) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors; and (d) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our service, and between us and other systems and networks. You further acknowledge that some of the information, for example software and maps, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information. This does not however free MobileLocate from carrying out its services with reasonable care and skill and it does not free MobileLocate from liability in case of negligence.

RIGHTS GRANTED/ RIGHTS RESERVED

The Information accessible through the Service may only be used for positioning of mobile phones and messaging to and from mobile phones, any other purpose including, publication, reproduction or transmission without our express written permission is forbidden. By uploading or sending any material to us, you thereby grant to us an irrevocable, unconditional, world-wide, royalty free license to use such material or any part of it in perpetuity in any and all media and in any manner we may determine in our sole discretion. Furthermore, you thereby waive all so-called moral rights or other similar rights in such material. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Information.

INTELLECTUAL PROPERTY

You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service and the Information shall remain vested in us or our licensors.

SUSPENSION AND TERMINATION

We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions. In addition, we reserve the right to terminate this Agreement with 30 days notice.

COPYRIGHT NOTICE

Copyright © 2003 MobileLocate Ltd. All rights reserved.

CHANGES TO THE TERMS AND CONDITIONS AND THE SERVICE

MobileLocate may make changes to these terms and conditions from time to time. If MobileLocate does so, no such change will apply to your purchase of our services unless MobileLocate told you about that change in writing, by email or posted on the MobileLocate news section of the sites before you purchased the services. You should not assume that, if you buy our service or submit a location request on more than one occasion, these conditions will be the same for each purchase and you should read the then current version of these conditions carefully each time you buy the service or submit a location request to MobileLocate.

SEVERABILITY

Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

CHOICE OF LAW AND JURISDCITION

This Contract shall be governed by UK law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the UK courts.

Revision number 7