CONDITIONS OF SUPPLY
THESE
CONDITIONS OF SUPPLY (THE "CONDITIONS") APPLY TO THE PROVISION OF
FOLLOWUS SERVICES AND THE SALE OF GOODS BY FOLLOWUS LIMITED. ALL OF THE
TERMS RELATING TO YOUR PURCHASE OF FOLLOWUS SERVICES AND/OR GOODS FROM FOLLOWUS
LIMITED ARE SET OUT BELOW. IF YOU FEEL THAT THESE CONDITIONS DO NOT
ACCURATELY REFLECT YOUR UNDERSTANDING OF WHAT HAS BEEN AGREED, YOU SHOULD LET
FOLLOWUS KNOW SO THAT APPROPRIATE AMENDMENTS CAN BE MADE. IT WILL BE MORE
DIFFICULT FOR YOU TO ENFORCE A TERM THAT YOU THINK HAS BEEN AGREED IF IT IS NOT
AGREED IN WRITING.
THESE
CONDITIONS ARE MADE UP OF 4 PARTS. PARTS 1, 2 AND 4 APPLY TO THE PROVISION OF
THE FOLLOWUS SERVICE. PARTS 1, 3 AND 4 APPLY TO THE PROVISION OF GOODS.
PART ONE - GENERAL
CONDITIONS APPLICABLE TO THE FOLLOWUS SERVICE AND THE SALE OF GOODS
1
meanings
1.1 Certain words used in these Conditions have specific meanings. Where they do they appear in bold text. A
list of these words is set out below:
Activation a process whereby FollowUs verifies that a Target You wish to Track via Your Account is willing to be Tracked by
receiving an confirmatory SMS response to an SMS text sent by FollowUs to the Target's Mobile
Area of
Coverage the areas of GSM coverage of the
SIM card in the Target’s Mobile
Charges the charges for the Goods and Services as described in the Website from time to time
FollowUs FollowUs Limited (registered in England and Wales - company number
04630013) whose registered office is at 4 Clarence House, 152 North Row,
Central Milton Keynes, Buckinghamshire MK9 1AY
Goods transmitters, location devices
and other items provided to You by FollowUs from time to time
Inappropriate anything that:
(1) is or may reasonably be considered to be obscene, indecent, offensive, harassing
or menacing;
(2) violates the rights of any third party (whether in
relation to privacy, publicity, copyright or other intellectual property
rights, confidentiality or otherwise);
(3) is intended to or does cause annoyance, worry or
inconvenience;
(4) that causes or contributes to any defamatory or
libellous act; or
(5) that is otherwise unlawful or promotes or contributes to any unlawful
activity
Location
information as to the location of a Mobile provided by a Network
Location Request Your request to be provided with details
of the Locatio of a Mobile
Location
Credits credits that You purchase via the Website to enable you to use the Service
Mobile
a mobile telephone that is on a Network
Networks
Vodafone, T Mobile, O2 and Orange together with any other
telecommunications network through which the Service can be accessed
from time to time as detailed on the Website
Positional Accuracy
the accuracy within which a Mobile's whereabouts can be established
Privacy
Policy FollowUs's Website privacy policy from time to time
Service
the FollowUs service provided from time to
time by FollowUs in the Area of Coverage,
as detailed in the Service Description
Service
Description the description of the Service appearing on the Website and/or in FollowUs's official published literature from time to time
Target the owner or keeper of a Mobile that is to be Tracked
Tracking
the process of obtaining the Location of a Mobile located in the Area
of Coverage by means of the Service and Tracked shall be
construed accordingly
Us; We; Our
refer to either or both of FollowUs and You
Website
means the websites www.followus.co.uk and www.followgb.co.uk or other sites
and services provided by the companies.
You; Your
refer to the individual to whom FollowUs provides the Service and/or Goods for personal use
2 INTELLECTUAL PROPERTY RIGHTS
2.1
Any and all patents, copyright, trade marks, rights
in designs, know-how, ideas, concepts and technology (in each case whether or
not registered and existing in any part of the world) in or arising from the Service and/or the Service Description and/or the Website and/or FollowUs's published specifications and/or
literature and/or the Goods and/or the software used to deliver the Service belong to FollowUs or its licensors and You have no rights in the same.
3 USE OF THE SERVICE AND/OR GOODS
3.1 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.
3.2
By supplying the Service and/or Goods, FollowUs does not represent or warrant (promise) 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.
3.3 You must not use the Service and/or Goods in any way which
is Inappropriate. You shall not give FollowUs any inaccurate or misleading information when creating an Account or
using the Service.
3.4 FollowUs shall not be bound by any
typographical or obvious error contained in the Website.
3.5
If You have any complaints regarding the Goods and/or the Services, You may refer them by e-mail or in writing to FollowUs’s postal address above or by e-mail at the
address on the Website.
4
liability
4.1
Nothing in these Conditions will limit or exclude FollowUs's liability for death or personal injury caused by its negligence, a breach of
the warranties in clauses 9.2 and 15 or, if you are a consumer, a breach of Your statutory rights.
4.2
Except under clause 4.1, neither of Us will be liable for any loss or
damage suffered or incurred by the other in relation to the Goods and/or Service unless, at the time the Goods and/or Service in
question was provided, that loss was reasonably foreseeable result of the
relevant negligence or failure to comply with these Conditions.
4.3 You acknowledge that the Service and/or the Website may
not be continuously available and FollowUs shall not be liable to You for occasional
interruptions in the availability of the Service and/or the WebSite.
4.4
If You are a business:
4.4.1 Save
as provided in clause 4.1 FollowUs’s total
aggregate liability under any claim or series of claims arising from any one
act or default of FollowUs howsoever such
claim or claims arise (be it by negligence, breach of contract,
misrepresentation or otherwise) shall in no circumstances exceed £50,000.
4.4.2 Save as
provided in clause 4.1, FollowUs shall not
have any liability to You unless a claim is
brought within 6 months of the date You was or ought to have been aware
of the circumstances giving rise to the claim.
4.4.3 FollowUs shall not 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 or indirect, consequential or special loss or damage regardless of
the form of action, whether in contract, strict liability or tort (including negligence)
and regardless of whether FollowUs knew or had
reason to know of the possibility of the loss, injury or damage in question.
4.5
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 FollowUs,
and You release FollowUs (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.
5 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 FollowUs’s third party suppliers).
6
NOTICES
6.1
If FollowUs needs to write to You or serve a notice on You, it will do so by
first class post, facsimile or email sent to Your address or number
provided when You opened Your Account. If You need to write to FollowUs or serve a notice on FollowUs, You should do so by first
class post, facsimile or email to FollowUs's address or number on the Website from time to time. You must notify FollowUs in this way if You change Your address or facsimile number.
Any notice or communication sent by either of Us in this way will be
presumed to have been received by the other two (2) days after the day on which
the notice or communication was posted or, in the case of a facsimile or email
sent before 2pm on a working day, on the day of sending and, if sent after 2pm
on a working day or at any time on a day that is not a working day, on the next
working day after the day of sending. Working days are all days except
Saturdays, Sundays and public or bank holidays.
7 DATA PROTECTION AND GENERAL PROVISIONS
7.1 FollowUs meets the criteria laid down by the
"Code of Practice for the Use of Mobile Phone Technology to provide
Passive Location Services". FollowUs may suspend or terminate Your
Account if FollowUs has reasonable cause to believe that Your use of the Service would or might cause FollowUs to be in breach of this Code of Practice or any law or
regulation.
7.2 FollowUs will deal with Your personal data and Targets’ personal data in accordance with its Privacy Policy, a copy of which appears on the Website.
7.3 FollowUs operates a security policy whereby
the mobile phone numbers of Targets are held on a central database. This
database holds Your contact information against Targets' Mobiles. Where a new customer adds the same Mobile number onto a new account, the FollowUs system
automatically sends an e-mail to You, the new customer and other
customers Tracking that Mobile, detailing that such an action has
taken place by naming both the Target's Mobile number giving the names
and contact numbers of You, the new customer and such other
customers.
7.4 FollowUs may make changes to these Conditions from time to time. If FollowUs does so, no such change will apply to Your purchase of Goods and/or Service unless FollowUs told You about that change in writing, by email
or posted on the FollowUs news section of the sites before You purchased
the Service and/or Goods. You should not assume that, if You buy Goods and/or the 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 Goods and/or the Service or submit a Location Request to FollowUs.
7.5 You may not transfer or assign Your rights or obligations in relation to the Service and/or any Goods without FollowUs's prior written
permission. FollowUs may transfer or
assign its rights and/or obligations if FollowUs does so, it will provide You with written
notice of the transfer or assignment.
7.6
If either of Us choose not to enforce any right
that We may have under these Conditions We will not be
prevented from relying upon that right should We choose to do so at a
later date.
7.7
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 FollowUs's sale of Goods and/or Services.
7.8
Our agreement
only gives rights to and places obligations upon Us.
No other person or company has any rights under Our agreement or may enforce it against either of Us.
7.9
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.
PART TWO - CONDITIONS APPLICABLE TO
THE PROVISION OF THE SERVICE
8 PAYMENT
8.1
Before using the Service, You must purchase Location Credits. You must pay FollowUs its then current charge for Location Credits at the time of purchase.
8.2
Various aspects of the Service cause deductions from the Location
Credits in Your Account. These include you requesting that a Mobile be Tracked, requesting a zoom feature on a map showing a Location but also include deductions for the SMS messages that we from time to time send
to Targets’ Mobiles to confirm that they still wish to be Tracked and for unsuccessful Location Requests. Further details of these
deductions are available on the Website.
8.4 Location Credits expire 6 months after they have been purchased.
Expired Location Credits may not be used to purchase Services and FollowUs shall not refund the value of expired Location Credits. If FollowUs agrees that You may
close an Account and reopen a new Account, we will transfer
unused Location Credits to your new Account but only if the
number of unused Location Credits exceeds 25.
9 PROVISION OF SERVICE
9.1
In consideration of Your payment of the Charges, FollowUs will provide the Service in accordance with the Service Description, subject to these Conditions.
9.2 FollowUs warrants (promises) that it is legally
entitled to provide the Service and that it will provide the Service with reasonable care and skill. FollowUs does not
give an warranty in relation to and does not have any
liability for:
9.2.1 the Positional Accuracy of the Service;
9.2.2
any failure, inaccessibility or downtime (whether planned or otherwise) in any Network which results in a Location Request not revealing the whereabouts of any End-User,
either accurately or at all;
9.2.3 the withdrawal of any Network from the Service;
and
9.2.4
any failure of or, its inability to provide, Tracking due to the Target's Mobile being switched off, having insufficient charge or being
temporarily or permanently disconnected from a Network.
9.3
By subscribing to the Service, You agree that in respect of any Mobile that You require to be Tracked,
the Networks may provide the Location of the Mobile to FollowUs whenever FollowUs seeks to locate the Target.
9.4
Any and all equipment provided to You by FollowUs for the purpose of or, in connection with, the provision
of the Service (if any) will at all times remain the property of FollowUs and save to the extent necessary to allow You to
receive the Service, You will acquire no rights in or to the
same. You agree that You will take good care of any equipment provided and will,
upon cancellation of the Service, promptly deliver up to FollowUs in good condition (fair wear and tear excepted).
9.5
In registering for the Service, You consent and understand that: (a) Your and
the Target’s Location will be used in the delivery of the Service;
(b) FollowUs 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 Target authorises the relevant Network provider to release and deliver Location information to FollowUs in accordance with the provisions of the Data Protection
Act 1988; (c) Your and the Target’s Location will be used to provide map or text
location information to You identifying the location of that Mobile or location device - this information will form part of that Mobile’s or SIM’s history of movement; and (d) Location information will be issued when Your or a Target’s Location is requested.
10
TARGETS
10.1 You acknowledge and accept that FollowUs's ability
to provide the Service is dependent upon:
10.1.1 the Target consenting to be Tracked by following Activation;
10.1.2 the Target not withdrawing its consent to being Tracked;
10.1.3 the Target's Mobile being connected to a Network and being switched on and sufficiently charged to enable it to be Tracked;
10.1.4 the Target being in the Area of Coverage when a Location Request is made.
10.2 You
