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| Sunday 14 March 2010 |
Terms and Conditions
These Conditions of supply apply to the provision of software and services provided by Locatorz Ltd of Mouldings Green, Kenilworth Road, Meriden, West Midlands, CV7 7LJ, UK hereinafter after referred to as Locatorz.
IT IS A CONDITION OF USING LOCATORZ PROUCTS AND SERVICES THAT YOU AGREE TO ADHERE TO THESE TERMS IN THEIR ENTIRETY.
Definitions contained in these conditions
CONDITIONS refers to the Conditions of Supply contained in this document
LOCATORZ refers to Locatorz Limited of Mouldings Green, Kenilworth Road, Meriden, West Midlands, CV7 7LJ, UK
ASSET refers to the mobile device that has downloaded Locatorz software for location purposes
ASSET USER refers to the person or persons who are the main user of the Asset
YOU refers to the purchaser of Locatorz software and services
SERVICE refers to the Location service provided by The Locatorz website and Locatorz software
SOFTWARE refers to Locatorz Software Products used on computers and mobile devices
Intellectual property rights
Locatorz Software (including licenses for the software) are protected by copyright law and international treaties. Reseller may not alter, merge, modify, or adapt Software in any way including reverse engineering, disassembling or decompiling. Unauthorized reproduction or distribution of Software, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Locatorz Service and Software may, from time to time, contain intellectual property of other organisations, including, but not limited to Geographical Data Suppliers; Locatorz warrants provided You use the service in accordance with these terms, that You are licensed to use this intellectual property. Whenever possible, Locatorz will make it clear when you are using other organisations’ intellectual possible.
Use of the software and services
You are responsible for ensuring that You use the Service and/or Goods in accordance with all relevant laws and that You have all permits, licenses, consents and permissions required for Your use of the Service and/or Goods.
Save where You are using Locatorz to locate children under the age of 16 and where you are the legal guardian or parent of said children, You are responsible and hereby warrant that You have sought and been granted consent to locate these assets by their primary user(s).
By supplying the Service and/or Goods, Locatorz does not represent or warrant that the use of the Service and/or Goods for any particular purpose is legal in the Area of Coverage or in any other area.
You must not use the Service and/or Goods in any way which is Inappropriate. You shall not give Locatorz any inaccurate or misleading information when creating an Account or using the Service. You must not use the information contained within the Locatorz Service or Software for any purpose other than as defined herein.
If You have any complaints regarding the Goods and/or the Services, You may refer them by e-mail or in writing to Locatorz's postal address above or by e-mail at the address on the Website.
Liability
Locatorz will not be liable for any loss or damage suffered or incurred by the other in relation to use of the Locatorz Service
You acknowledge that the Service and/or the Website may not be continuously available and Locatorz shall not be liable to You for small interruptions in the availability of the Service and/or the WebSite.
Locatorz works hard to ensure to ensure maximum availability of their Service, however Locatorz does not make any guarantees of availability. Should the Service be unavailable for a continuous period of 8 hours or more, You will be eligible for a refund equal to 0.1% of Your annual subscription for each continuous eight hour period where the Service is not operating. You acknowledge that Locatorz will not be liable to refund the cost of any Goods or Services purchased where any interruption or complete failure is caused by 3rd parties including yourself, your equipment or your location under which Locatorz has no reasonable control, to include but not exclusively so, loss of GPS, GSM or GPRS network, connectivity, satellite failure.
Locatorz total aggregate liability under any claim or series of claims shall not exceed Your total annual subscription fees (be it by negligence, breach of contract, misrepresentation or otherwise).
Locatorz shall not have any liability to You unless a claim is brought by You within 1 month of the date when the Service was interrupted or failed in the manner described below.
Locatorz shall not in any circumstance be liable for any claim to the extent that the claim relates to loss of profits, goodwill, anticipated savings, business opportunity, data or use of data, injury to reputation, third party losses, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence).
In the event that You have any right, claim or action against any other user of our Service, you agree to pursue such right, claim or action independently of and without recourse to Locatorz, and You release Locatorz (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including, without limitation, legal fees arising from or in any way connected with such right, claim or action.
In the event that You do not adhere to these conditions and particularly if You do not gain the consent of the people whom You wish to locate, You agree to completely indemnify Locatorz against any action taken against Locatorz by any third party as a result of such action.
Force Majeure
Neither of Us will be liable for any failure (other than a failure to pay money) to comply with Our respective obligations under these Conditions to the extent that such failure results from circumstances beyond Our respective reasonable controls (including, without limitation, failures by Locatorz third party suppliers).
Notices
If Locatorz needs to write to You or serve a notice on You, it will do so by post, facsimile or email sent to Your address or number provided when You opened Your Account. If You need to write to Locatorz or serve a notice on Locatorz, You should do so by post, facsimile or email to Locatorz address or number on The Locatorz Website. You should notify Locatorz in this way if You change Your address.
Data protection and general provisions
Locatorz will deal with Your personal data and Your Assets personal data in accordance with its Privacy Policy, a copy of which appears on the Website.
Locatorz operates a security policy whereby the mobile phone numbers of Targets are held on a central database. This database holds Your contact information against Your Assets.
You may not transfer or assign Your rights or obligations in relation to the Service and/or any Goods without Locatorz prior written permission. Locatorz may transfer or assign its rights and/or obligations. If Locatorz does transfer or assign its rights, it will provide You with written notice of the transfer or assignment.
If a court or other regulatory body decides that any part of these Conditions is not enforceable, the remaining parts of these Conditions will still apply to Your purchase of and Locatorz sale of Goods and/or Services.
Our agreement is governed by the relevant United Kingdom law (England and Wales, Scotland or Northern Ireland) and any disputes under it will be decided by the relevant courts of the United Kingdom.
Payment
Before using the Service, You must, unless you have written agreement from Locatorz or its appointed Reseller purchase an annual subscription for each Asset you wish to Locate. You will only be permitted to use the Service if you have made said payment to Locatorz or and Authorised Locatorz Reseller and that the annual period has not expired without you renewing your subscription, unless you have the written agreement of Locatorz or an Authorised Locatorz Reseller provided that said reseller is acting within their terms with Locatorz.
Provision of service
In consideration of Your payment of the Charges, Locatorz will provide the Service in accordance with the Service Description, subject to these Conditions.
Locatorz warrants that it is legally entitled to provide the Service and that it will provide the Service with reasonable care and skill. Locatorz does not give a warranty in relation to and does not have any liability for the Positional Accuracy of the Service or any failure of or, its inability to provide, Asset location due to the Asset being switched off, having insufficient charge or being temporarily or permanently disconnected from a Network.
In registering for the Service, You consent and understand that: (a) Your Asset’s Location(s) will be used in the delivery of the Service; (b) Locatorz may be obtaining Your and a Target's Location from the relevant Network provider or location device and accordingly you authorise and will ensure that each Asset user authorises You to Locate them and that you will act in accordance with the provisions of the Data Protection Act 1988; (c) Your Asset’s Location(s) will be used to provide map or text location information to You identifying the location of that Asset
Assets
You acknowledge and accept that Locatorz ability to provide the Service is dependent upon:
The Asset user consenting to be Located by following Activation and if it comes to Locatorz attention that the Primary Asset user has not and will not grant this consent or chooses to withdraw such consent then Locatorz will, at the request of said user withdraw the service from that Asset;
The Asset being connected to a GPS and GPRS Network and being switched on and sufficiently charged to enable it to be Located;
You acknowledge that Asset Users have the right to withdraw from the Service at any time and that Locatorz shall be bound to comply with any such request with immediate effect.
Your obligations
You agree to comply with these Conditions at all times in relation to Your use of the Service.
Any user name or password issued to You is personal to You and in the event that You disclose the same to any third party or allow any third party to use the Service using such user name or password then You will ensure that the Asset User has consented for that third party to Locate them.
You may not use the Service to provide mobile phone location verification or similar services to any third party.
You warrant that You are over 18 years of age and that, save for those Asset users under the age of 16 where You are their parent or legal guardian to such Asset user, You warrant that no Asset is less than 16 years of age.
You acknowledge that Locatorz cannot guarantee and, accepts no liability in relation to, the Positional Accuracy of any Location.
This Service includes data from Ordnance Survey, Locatorz is an Ordnance Survey Licensed Partner licensed by Ordnance Survey to use data in this way and is licensed to provide this Service to you under their ASP Tracking Services Specific Use Contract.
Ordnance Survey differentiates between Personal use and Business use. If you are a business then You agree only use this Service internally only within Your own business, or if you are using this Service for your own personal use then you agree not to make commercial gain from this Service. You agree to limit any printing of this Service to A3 size or smaller.
Cancellation and suspension
You may withdraw from the Service at any time and with immediate effect by writing an e-mail to that effect to the address set out in the Website but You shall not be entitled to a refund of any Annual Fees paid before you withdrew.
Locatorz may discontinue the provision of the Service at any time and its liabilities will be limited to the time remaining in Your annual subscription which it will refund to you.
Locatorz shall be entitled to cancel the provision of the Service to You without refund penalty or liability forthwith on giving notice in writing to You if
You commit any material breach of any term of these Conditions and (in the case of a breach capable of being remedied) shall have failed, within 30 days after the receipt of a request in writing from Locatorz so to do, to remedy the breach
Locatorz is entitled without penalty or liability to suspend the Your access to the Service at any time immediately upon written notice in the event that You use or Locatorz has reason to believe that You are using the Service in any way that is Inappropriate.
Effect of cancellation
Any cancellation or suspension of the Service will not affect any other rights or remedies that either or both of Us may be entitled to under these Conditions or at law.
Upon cancellation of Service Locatorz will cease the provision of the Service to You.