| CONDITIONS OF SUPPLY
We are a reseller of the FollowUs service so you will be contracting to the FollowUs Terms and Conditions.
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
1.1 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: Account Your account for the Service established through the WebSite 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 by 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 followme 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 Location 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
Service the followme service provided from time to time by followme 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 followme'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 followme and You
Website means the websites www.followme.co.uk and www.followgb.co.uk or other sites and services provided by the companies.
You; Your refer to the individual to whom followme 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 followme's published specifications and/or literature and/or the Goods and/or the software used to deliver the Service belong to followme 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, followme 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 followme any inaccurate or misleading information when creating an Account or using the Service.
3.4 followme 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 followme's postal address above or by e-mail at the address on the Website.
4.1 Nothing in these Conditions will limit or exclude followme'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 followme 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 followme's total aggregate liability under any claim or series of claims arising from any one act or default of followme 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, followme 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 followme 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 followme 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 followme, and You release followme (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 followme's third party suppliers).
6.1 If followme 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 followme or serve a notice on followme, You should do so by first class post, facsimile or email to followme's address or number on the Website from time to time. You must notify followme 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 followme meets the criteria laid down by the "Code of Practice for the Use of Mobile Phone Technology to provide Passive Location Services". followme may suspend or terminate Your Account if followme has reasonable cause to believe that Your use of the Service would or might cause followme to be in breach of this Code of Practice or any law or regulation.
7.3 followme 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 followme 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 followme may make changes to these Conditions from time to time. If followme does so, no such change will apply to Your purchase of Goods and/or Service unless followme told You about that change in writing, by email or posted on the followme 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 followme.
7.5 You may not transfer or assign Your rights or obligations in relation to the Service and/or any Goods without followme's prior written permission. followme may transfer or assign its rights and/or obligations if followme 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 followme'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
8.1 Before using the Service, You must purchase Location Credits. You must pay followme 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 followme shall not refund the value of expired Location Credits. If followme 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, followme will provide the Service in accordance with the Service Description, subject to these Conditions.
9.2 followme warrants (promises) that it is legally entitled to provide the Service and that it will provide the Service with reasonable care and skill. followme 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 followme whenever followme seeks to locate the Target.
9.4 Any and all equipment provided to You by followme for the purpose of or, in connection with, the provision of the Service (if any) will at all times remain the property of followme 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 followme 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) followme 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 followme 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.
10.1 You acknowledge and accept that followme'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 will be responsible for procuring each Target's initial consent to be Tracked in accordance with clause 11.3. followme will periodically contact all Targets Tracked via a Log on Account or Web Account directly via sms text to confirm their consent to be Tracked. followme will not be liable for any failure to provide the Service to the extent that such failure is a result of any Targets refusing or withdrawing its consent to be Tracked. You shall not interfere with the Activation process or the Target's Mobile in order to prevent a fully informed consent by the Target to being Tracked.
10.3 You acknowledge that Targets have the right to withdraw from the Service at any time and that followme shall be bound to comply with any such withdrawal with immediate effect.
11 YOUR OBLIGATIONS
11.1 You agree to comply with these Conditions at all times in relation to Your use of the Service.
11.2 Any user name or password issued to You is personal to You and You may not disclose the same to any third party or allow any third party to use the Service using such user name or password.
11.3 You may not use the Service to provide mobile 'phone location verification or similar services to any third party.
11.5 You warrant that You are over 18 years of age and that, save for those Targets under the age of 16 in respect of which You have provided followme with such evidence as followme may require proving Your relationship of parent or legal guardian to such Target, You warrant that no Target is less than 16 years of age.
11.6 You acknowledge that:
11.6.1 Positional Accuracy is a function of the density of mobile phone masts and/or cell IDs in any particular area and therefore Positional Accuracy is better when Mobiles being Tracked are located in urban areas as opposed to rural areas.
11.6.2 Positional Accuracy can be affected by a number of other factors such as cell availability on the relevant Network, Network up-time, Network maintenance, Mobile signal strength and atmospheric conditions;
11.6.3 followme cannot guarantee and, accepts no liability in relation to, the Positional Accuracy of any Location; and
11.6.4 followme cannot accept liability for Your inability to use the Service because of any failure of internet connectivity.
12 CANCELLATION AND SUSPENSION
12.1 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 Location Credits you have purchased before you withdrew.
12.2 followme may discontinue the provision of the Service without penalty or liability at any time by serving You with not less than one months' written notice.
12.3 followme 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:
12.3.1 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 followme so to do, to remedy the breach; or
12.3.2 You become bankrupt or insolvent or if you are a business enter administration or if a receiver is appointed over any of Your assets.
12.4 followme 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 followme has reason to believe that You are using the Service in any way that is Inappropriate.
13 EFFECT OF CANCELLATION
13.1 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.
13.2 Upon cancellation of Service followme will cease the provision of the Service to You
PART THREE - CONDITIONS APPLICABLE TO THE SUPPLY OF GOODS
14 PROVISION OF GOODS
14.1 In consideration of Your payment of the Charges, followme will provide the Goods, subject to these Conditions.
14.2 No order for Goods will be binding until it has been accepted by followme in writing.
14.3 followme will use reasonable endeavours to deliver the Goods to You within 28 days of the date upon which Your order is accepted by followme but time of delivery shall not be of the essence.
14.4 Risk in the Goods will pass to You on delivery. You should insure and protect the Goods from the date of delivery until such time as title to the same passes to You.
14.5 Title to the Goods will not pass to You until followme has received payment of all sums due to it from You.
14.6 Illustrations, descriptions and dimensions in followme's catalogue, price list or other documents, are approximate only and are intended only to present a general idea of the Goods to which they refer and shall not form part of the agreement between us nor shall they constitute representations or warranties, express or implied nor in any event shall followme be liable in respect thereof. followme reserves the right to change specifications without prior notice at its absolute discretion.
14.7 With followme's agreement, and if You are a business, You may purchase Goods other than through the Website. In this case:
14.7.1 these Conditions are the only terms that apply to such purchase to the exclusion of all other terms issued by You unless any additional terms are agreed in writing by followme;
14.7.2 any quotation followme provides for Goods will only be valid for a period of 28 days and is not a contractual offer; and
14.7.3 to the extent not inconsistent with these Conditions, delivery, risk and title to the Goods shall be effected Ex-Works (Incoterms 2000) from followme's UK warehouse.
14.8 If you are a business and if followme agrees to accept a return of Goods order by You, followme may apply a restocking fee.
15 WARRANTIES AND LIABILITY
followme will where possible use reasonable endeavours to pass to You the benefit of any warranties given by the manufacturer of the Goods. If You are a business, these warranties (if any) will be your sole remedy in the event that the Goods are defective in any way and followme hereby excludes all warranties that may be implied into these Conditions by the operation of law.
16.1 You must pay followme the Charges for the Goods in the manner set out below. All payments must be made in pounds sterling (£) without set off or deduction by the method of payment detailed below. All Charges are exclusive of VAT and the costs of delivery which shall be paid by You in addition to the Charges. followme's current delivery charges appear on the Website.
16.2 Payment of the Charges must be made by debit or credit card in accordance with the instructions on the Website.
PART FOUR - CANCELLATION
17 RIGHTS OF CANCELLATION
17.1 If your are not a business, You may cancel Your order for Goods at any time during the 7 working days after the day upon which Your Goods are delivered to You and receive a full refund of the monies paid by You in respect of the returned Goods and their delivery to You less any costs incurred by followme on your behalf and which will be a minimum of GBP2.50. Working days are all days other than Saturdays, Sundays and public holidays. You may make this cancellation by writing to followme at the postal or email address on the Website. Following receipt of Your notice of cancellation, followme will either ask You to return the Goods (at Your own expense) or will arrange for the Goods to be collected from You. followme serves the right to deduct the direct cost of such collection from the monies refunded to You unless You are cancelling an order for substitute Goods (alternative Goods provided by followme when the Goods You ordered were out of stock or unavailable) in which case followme will pay Your costs of returning/its own costs of collecting the substitute Goods. You are under a legal duty to keep possession of and take reasonable care of any Goods that you wish to return under this right to cancel.
17.2 If you are not a business, You may cancel Your order for the Service at any time during the 7 working days after the day upon which the contract for the provision of the Service was concluded and receive a full refund of the monies paid in respect of those Services. followme will begin providing the Service to You when You open Your Account. Each Location Request shall be treated as a separate contract for Service and you shall not be entitled to cancel the contract for Service in respect of that Location Request once it has been completed.