TERMS AND CONDITIONS
1. INTRODUCTION:
1.1 PLEASE READ THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") CAREFULLY WHICH APPLY TO YOUR USE OF MOBILE TRACKING AND ALL SERVICES OFFERED THROUGH THIS WEBSITE (“OUR SERVICES”). IF YOU ARE NOT AGREED TO OR CANNOT UNDERSTAND THE TERMS AND CONDITIONS, PLEASE STOP USING OUR SERVICES. YOUR FAILURE TO READ THE TERMS AND CONDTIONS WILL NOT BE AN ACCEPTABLE GROUND TO EXCLUDE YOU FROM YOUR LIABILITIES ARISING FROM THE TERMS AND CONDTIONS.
2. DEFINITIONS:
2.1 “App”: It refers to the application offered through this Website to be able to track your mobile.
2.2 “Mobile Tracking Tools” refer to the tools forming the part of the Mobile Tracking Service that receives the mobile number to be tracked and provides the results with reference to the position of the mobile.
2.3 “Our Services” imply all services we offer including, without limitation, the Mobile Tracking Services and Website.
2.4 “Our Website” and “Website”): It means locatemobile.online.
2.5 “Privacy Policy” refers to our policy governing our collection and use of user data which is posted separately on this Website.
2.6 Subscription Charges refer to the subscription fee (currently $14.95 per month excluding any tax) to be paid by the user in accordance with the Subscription Period he/she opted.
2.7 Subscription Period refers to a subscription duration selected by the user from three (3) month, six (6) months and one year.
2.8 “We”, “Our”, “Us” and “Company” refer to Locate-Mobile, Suite 4, 18 Northumberland Ave
WC2N London, United Kingdom.
3. MOBILE TRACKING SERVICES AND PAYMENTS:
3.1 Subject to the Terms and Conditions and the applicable laws of the United Kingdom, we provide you with the Mobile Tracking Services in the consideration of the payment described on the Pricing page of the Website. You can use the Mobile Tracking Services by signing up with us.
3.2 You must sign up with us, install App and use tutorial before using the Mobile Tracking Services.
3.3 The Mobile Tracking Services are provided for the following purposes:
i. To track your stolen mobile;
ii. To track your family member or any person under your guardianship;
iii. To track your employee’s current location during the duty hours in such a way that it does not violate his/her privacy; and
iv. To test our Mobile Tracking Services by tracking your mobile phone.
3.4 You are solely responsible to have obtained the permission of the person whose mobile is being tracked prior to use the Mobile Tracking Services if you are required to do so under any applicable laws of your local jurisdiction.
3.5 You are responsible to ensure that you are in strict compliance with the Terms and Conditions and the applicable laws of the UK and of your local jurisdiction (if you are accessing our Services from outside the UK).
3.6 You must not use the Mobile Tracking Services in any way which is inappropriate, illegal, or contrary to the Terms and Conditions, or which amounts to the infringement of the privacy of any person.
3.7 Before using the Mobile Tracking Services, you must pay the Subscription Charges for the Subscription Period you selected. You may subscribe to the Mobile Tracking Services for three (3) months, six (6) months and one (1) year. You must pay the Subscription Charges at the time of sign-up by PayPal, Credit Card or any other method we may specifically prescribe through the website.
3.8 We will provide you with all features of the Mobile Tracking Services described through the Website; provided that we reserve the right to modify such features at any time at our sole discretion.
3.9 You acknowledge that positional accuracy may be affected by several technical factors that are not within our control and that we cannot guarantee to that effect. We own no liability for losses, costs, expense or your efforts caused as a consequence of your reliance upon the report of your mobile position tracked by us.
3.10 The animation with map and search form on homepage where the mobile phone number is to be inserted is provided for illustration number only and should not be considered real search.
4. USER ACCOUNT AND MEMBER’S AREA:
4.1 You must sign up with us to use the Mobile Tracking Services by providing us with your registration information and the Subscription Charges.
4.2 Your registration information includes your name, username, email, Subscription Period, mobile phone number, and Payment Details. Upon submission of registration information and payment, we will send you an email containing a username, password and link to Member’s Area.
4.3 All information relating to you will be handled and stored in accordance with our Privacy Policy. The username and password is personal to you and you are responsible to maintain the confidentiality of the username and password. You will ensure that your computer or device that you are using to access your Member’s Area is free from virus and has adequately protected from any malignant components.
4.4 You acknowledge that you are responsible for all activities carried out under your account. You should immediately contact us in case of any breach of confidentiality of your account.
4.5 We may send you third party tutorials, links or third party links to apps (“Third Party Content”) with the belief that you may be interested in such Third Party Content. Neither we endorse such Third Party Content, nor do we own any liability arising from such Third Party Content. You may have to pay for the third party apps separately to such third party provider.
5. INTELLECTUAL PROPERTY:
5.1 All copyrights, patents, trademarks, designs, ideas, know-how, concepts, graphics, text, drawings, information, content, technology, tools, apps, technical information, or material used in Our Services (“Intellectual Property”) shall be our exclusive property. No part of the Intellectual Property can be copied, used or exploited in any manner without our written approval.
6. INDEMNIFICAITON:
6.1 Unless otherwise provided herein, you shall defend, indemnify and hold us or our affiliates, partners, employees, agents, assigns and representatives (“Indemnified Parties”) harmless from and against all losses, damages, loss of profits, expenses, and costs, including, without limitation, reasonable attorney’s fee, arising from claims, suit, cause of action arising out of the use of the Mobile Tracking Services, Website, infringement of our rights associated with Intellectual Property, or any breach or alleged breach of these Terms and Conditions or any dispute with any third party.
7. DISCLAIMER:
7.1 OUR SERVICES INCLUDING, WITHOUT LIMITATION, THE MOBILE TRACKING SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. SUBJECT TO ANY OTHER PROVISION OF THE TERMS AND CONDITIONS HEREIN, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS WITH RESPECT TO OUR SERVICES, OR THAT OUR SERVICES WILL BE RELIABLE, ACCURATE, SUITABLE, SECURE, ACCURATE, ERROR-FREE, WITHOUT INTERRUPTION, OR FREE FROM MALICIOUS OR MALIGNANT COMPONENTS.
7.2 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OF THE UK AND UNLESS OTHERWISE DESCRIBED HEREIN, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO OUR SERVICES SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABILITY, NON-INFRINGEMENT, SUITABILITY OR FITNESS FOR ANY SPECIFIC PURPOSE OR ACCURACY.
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OF THE UK, WE SHALL NOT BE RESPONSIBLE FOR ANY KIND OF DAMAGES OR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMTED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR LOSSES, EXPENSES, AND COSTS. SUBJECT TO THE EXPRESS PROVISION OF THESE TERMS AND CONDITIONS, THE SOLE REMEDY WITH YOU FOR OUR FAILURE TO MEET YOUR EXPECTION WITH REFERENCE TO OUR SERVICES IS TO STOP USING OUR SERVICES.
7.3 WE WILL USE OUR BEST ENDEAVOURS IN PROVISION OF OUR SERVICES, BUT WE DISCLAIM ANY LIAIBLITY IF YOU FAIL TO ACHIEVE THE OBJECTIVES FOR WHICH YOU SUBSCRIBE TO THE MOBILE TRACKING SERVICES.
7.4 We may modify the features of Our Services at any time, in our sole discretion, without any prior notice to you, unless the foregoing modification materially affects your decision to continue the use of Our Services.
7.5 We have a right to reject any subscription request at our sole discretion.
7.6 The testimonials and success stories available on the Website are experiences of our users. We own no liability with reference to the customer reviews and testimonials posted on the Website.
7.7 Error and omissions excepted.
7.8 We will not be responsible for server downtime and shall pay no compensation to that effect.
7.9 We have an advanced system of industry standards in place, and any loss of data is highly improbable, but in case such event happens, you acknowledge that we will not be liable to that effect. Similarly, we own no liability for data theft or data changes caused by the hacking of the Website.
7.10 We are rich in technical resources and technology, yet the nature of our wireless and internet technology entails certain limitations. Therefore, we provide no warranty of any kind as to the accuracy, completeness, performance, timeliness, or suitability of Our Services offered on this Website, for any purpose Our Services are used. You expressly acknowledge that you have no right or waived to claim any rights on the grounds aforementioned.
7.11 We provide you with the Mobile Tracking Tools for the Mobile Tracking Services. The resulting data that are outputted by the Mobile Tracking Tools depends on the accuracy of the information you input. You will solely be responsible for the accuracy of inputted information, outputs or any consequences of your use of such outputs.
8. SCOPE OF LIABILITIES:
8.1 Our maximum aggregate liability shall not, in any circumstances, be in excess of the Subscription Charges.
9. FORCE MAJEURE:
9.1 We shall not be liable for our failure to provide you with all or any features of Our Services if such breach is caused by Natural Force Majeure Event such as, without limitation, an act of God, system downtime, lockouts, accidents, cyber attacks, or any event beyond our reasonable control. If such Force Majeure Event continues for a period longer than fifteen (15) days, you may opt to refund the Subscription Charges and notify us of your decision to that effect.
10. SOCPE OF REMEDIES:
10.1 We may exercise any rights or make any claim available to us under any applicable law such as, without limitation, law of contract, Tort or Equity.
If we fail to avail any remedy, exercise any right or make any claim arising from these Terms and Conditions or any applicable law, then such failure shall not imply the waiver of such remedy or right.
10.2 The rights and remedies herein provided are cumulative and not exclusive.
11. SCOPE OF THE TERMS OF USE:
11.1 The Terms and Conditions form the entirety of the agreement between you and the Company superseding all other agreements, representations, and understandings, if any.
11.2 The headings and numbers herein used are for the convenience of the reader only, and do not give additional or different meaning to or affect the construction or interpretation of any provision.
11.3 If any provision of the Terms and Conditions is declared to be invalid, void or unenforceable by a legitimate authority, such provision shall be removed from the Terms and Conditions without affecting the remainder part of the Terms and Conditions.
12. GOVERNING LAW AND JUDICIAL JURISDICTION:
12.1 The Terms and Conditions shall be governed by the applicable law of the UK.
12.2 We will ensure that our practices, operations and acts are in compliance with the applicable laws of the UK.
12.3 Any disputes with reference to the Terms and Conditions and Our Services such as the Mobile Tracking Services shall be preferred to be resolved by alternative dispute resolution (“ADR”) method. If the ADR method fails, the dispute may be brought before the court having competent territorial jurisdiction over London where we have our principal business office.
13. MODIFICATIONS AND AMENDMENTS:
13.1 We have right to make amendments or modification with reference to following without prior notice to you:
i. Terms and Conditions;
ii. Subscription Price;
iii. Features of Our Services;
13.2 The modified version of the Terms and Conditions will be applicable immediately upon publication thereof on the Website.
13.3 We will have no liability for aforementioned amendments and modifications. You are strongly recommended to review the Terms and Conditions, Privacy Policy and Pricing Page frequently. Your failure to review the pages will not waive you from your obligations and liabilities arising from aforementioned changes.
14. INFRINGEMENTS:
14.1 You acknowledge and represent that you shall not use Our Services with the intentions to infringe the privacy of any person. If you believe that your privacy rights are infringed without your consent and authorization, you should immediate notify us with the proof of such infringement.
15. NOTICES:
15.1 Any notice or communications with reference to the Terms and Conditions shall be made through the following address:
Locate-Mobile
Suite 4, 18 Northumberland Ave
WC2N London, United Kingdom
Email: contact@locatemobile.online
Posted on __________, 2015
Last updated on __________, 2015