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.
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.
The MobileLocate charges for either Monthly or Annual subscription are displayed at the Prices page on the MobileLocate website located at http://www.mobilelocate.co.uk/prices.htm.
The Annual subscription is billed on the commencement of the Annual contract.
7 DAY FREE TRIAL
Customers are able to register up to 5 mobiles within the Free Trial and receive 50 free tracks to use during the trial period.
Customer has the option of cancelling his account at any time during the Free Trial. The free trial is valid for 7 days from the time when customer registers on the MobileLocate website.
Customers who are still registered users at the end of the Free Trial will enter into an Annual Contract and will be billed in accordance with the current prices displayed at http://www.mobilelocate.co.uk/prices.htmt and billed in accordance with the package until the customer cancels his subscription in accordance with our
PIN IN THE POST
As per our regulators, we are required to send you your access details to your registered address via post.
We send out your access details via first class post on the 1st working day from the date of your registration.
We can not be held liable for non-delivery of access letter in the case of incomplete address information or general non-delivery on behalf of Royal Mail or any other party responsible for delivery of the access letter.
Customers are required to follow the cancellation procedures set out on the web page http://www.mobilelocate.co.uk/cancel.htm
To cancel subscription, customer needs to log into the MobileLocate application using username and password details provided at the point of initial registration.
Once logged in to the MobileLocate application, the customers needs to click on the My Account tab and then click Cancel My Subscription. You will then receive an email confirmation to your registered email address. Your annual subscription is only deemed terminated on the receipt of your confirmation email, without this email, termination of account cannot be guaranteed.
If customers cancels the Annual contract then he is entitled to a partial refund for the Annual charge as follows:
Cancel within the first 6 months of Annual contract - 50% refund
Cancel within the second 6 months of Annual contract - 0% refund
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.
We provide the Service to you solely for your personal 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.
Contract means this agreement;
MobileLocate Ltd. means MobileLocate Ltd., Regus Business Centre, 3000 Cathedral Hill, Guildford, GU2 7YB, 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;
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, data sheets and FAQ's) from the Service is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do include the design and/or layout of the MobileLocate Ltd. web site. Elements of MobileLocate Ltd. web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any MobileLocate Ltd. web site may be copied or retransmitted unless expressly permitted by MobileLocate Ltd. MobileLocate Ltd. and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics publishes as part of the services for any purpose. All such documents and related graphics are provided 'as is' without warranty of any kind. MobileLocate Ltd. and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall MobileLocate Ltd. and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from a loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services. The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. MobileLocate Ltd. and/or its respective suppliers may make improvements and/or changes in the Service(s) and/or the document(s) described herein at any time.
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 AV code to your specified address. You are then entirely responsible for maintaining the confidentiality of your AV code, 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.
LIMITATION OF LIABILITY
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract or the use or performance of the Service or related Web site, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss even where we have been advised of the possibility of such loss or damage.
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.
You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Web site by you. You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service. You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which are brought or threatened against us by any other person.
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 © 2008 MobileLocate Ltd. All rights reserved.
CHANGES TO THE TERMS AND CONDITIONS AND THE SERVICE
We reserve the right to change these terms and conditions from time to time by placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.
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.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
CHOICE OF LAW AND JURISDCITION
This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English courts.
Revision number 6