Terms and conditions
Find Your Child Terms and Conditions
Find Your Child is a Service delivered by Creativity Software Ltd.
This User Agreement describes the terms and conditions applicable
to your use of our Services at http://www.findyourchild.net.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement before you may become a Registered
User of Find Your Child. We also recommend that you read our Privacy
Policy – at www.findyourchild.net.
You have purchased - or have the opportunity of purchasing - a Registration
Pack from a retail outlet or online. In both cases, we will open
an account in your name and apply the value of your pack as credits
on that account. We will connect you to the Services as soon as
we can.
Unless we otherwise agree, we will provide you with the Service
for a minimum period of 12 months. The period starts from when we
first make the Services available to you following your completion
of the registration.
You may not transfer or try to transfer any of your rights and responsibilities
under this agreement. We may transfer any of ours without your permission,
provided the level of Service you currently experience is not reduced
as a result.
We will send notices to your email or billing address. You must
contact us immediately if there are any changes to that address.
Notices from you to us must be sent to: Customer Service, Creativity
Software Ltd, 97 Mortimer Street, London W1W 7SU.
This agreement shall not confer any benefit on a Third Party under
The Contracts (Rights of Third Parties) Act 1999.1
THE SERVICE
The Service is delivered across the four main telecommunication
networks in the UK only - 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 our website
By agreeing to register for the Service you agree that the Network
Operators may provide the location of a locatable mobile phone (3rd
Party) to Creativity Software Ltd whenever Creativity Software Ltd
receives a request from you and that where the user of that mobile
phone has given consent, Creativity Software Ltd may then provide
that location to you.
The accuracy of the location delivered will vary, depending on the
accuracy available from the network operators. In some urban areas
the degree of accuracy can be within 100 metres, whilst in rural
areas the accuracy may only be to 15km. Where there is no mobile
mast coverage, the location cannot be determined. We can therefore
not warrant the accuracy of any location delivered by the Service.
The Service is not in place to offer unauthorised covert location
Services. All parties located using the Creativity Software Ltd
server will be required to give their consent to passive location
of their mobile phone. Creativity Software Ltd will not knowingly
allow its Service to be used to locate unaware 3rd parties. However,
we do not review location requests on a case-by-case basis, and
we cannot supervise location information resulting in a 3rd party
who has suffered an intrusion. As a result, we have no control over
the quality, safety or legality of the location requests made, nor
the truth or accuracy of the registrations made. However, we do
warrant that where unauthorised locations are requested and upon
investigation such allegations of intrusiveness are deemed likely
then Creativity Software Ltd reserves the right to remove that 3rd
party or Registered User from the Service, and/or prohibit the user
from making further location requests. You accept sole responsibility
for the legality of your actions under laws applying to you.
Creativity Software Ltd shall contact all 3rd Parties directly by
SMS to obtain their Consent to be Located. Creativity Software Ltd
cannot be held liable for any failure by 3rd Parties to provide
valid Consent. Creativity Software Ltd will contact each 3rd Party
by SMS text message throughout the duration of the Subscription
to advise that they may be located by you. 3rd Parties will be given
the option to opt out of the Service at any time by contacting Creativity
Software Ltd. Creativity Software Ltd shall comply with all requests
submitted by 3rd Parties to withdraw from the Service and shall
notify You of such withdrawal.
2 GENERAL TERMS
In consideration of payment by you of the Charges detailed below,
Creativity Software Ltd agrees to provide the Service subject to
these terms and conditions.
You must be 18 years old or over to register for this Service.
You agree to comply with the terms of this User Agreement at all
times in relation to your use of the Service.
You will be assigned a User ID and password on completion of registration.
You are responsible for all actions taken under that User ID. It
is your responsibility to keep your User ID/password safe and confidential.
You have no right to disclose or transfer your User ID and password
to any other person, without our formal written consent. To do so
will be deemed a breach of the User Agreement and Creativity Software
Ltd reserve the right to cancel your User Agreement without compensation
or recourse. Further, you accept that any breach of a 3rd parties
right to privacy resulting from such said disclosure by you, or
your negligent safe keeping of the such User ID and password, which
then results in a claim, will be your sole liability. Where such
claim or claims are made you hereby agree to indemnify both Creativity
Software Ltd and the relevant Network Provider without limitation.
You agree that the Service will not be available until and unless
the user of a mobile phone that you wish to locate has given their
express consent to their mobile phone being located by you.
You may not use the Service to provide mobile phone location verification
or similar Services to any third party.
Following your registration Creativity Software Ltd will acknowledge
your unique User ID and password and will open an account in your
name.
Creativity Software Ltd will provide you with support via the Website
or a telephone helpline in connection with the Services during normal
business hours on any working day in the United Kingdom.
Creativity Software Ltd will operate a complaints handling Service
for the benefit of users, and shall deal with all complaints raised
by such users promptly.
Creativity Software Ltd will use all reasonable endeavours to prevent
Inappropriate Use of the Service.
Creativity Software Ltd reserves the right to withhold the Location
of a mobile phone in response to a request from a 3rd Party and
shall not be held responsible for any impact this may have on the
Service.
The Service is made available provided:
(i) it is not used for anything unlawful, immoral or improper;
(ii) it is not used to make offensive or nuisance communications
in whatever form
(iII) it is not used to send, receive, upload, download or otherwise
facilitate any material which is offensive, indecent, defamatory,
of a menacing nature, a nuisance, a breach of privacy, or otherwise
unlawful;
(iv) it is not used to access or use content in a way that infringes
the rights of others;
(v) it is not used otherwise than in accordance with any connected
networks' policies for acceptable use, and (if appropriate) any
relevant internet standards;
(vi) you give us information we reasonably ask for;
(vii) all reasonable instructions we give you are followed; and
We reserve the right to suspend, amend or withdraw part or all of
the additional Services on giving reasonable notice. Charges for
and any special terms over and above these terms and conditions
attached to additional Services will be notified on our website
– www.findyourchild.net
3 CHARGES
Our Charges policy forms part of this Agreement and the list of
Charges is maintained on the website www.findyourchild.net. We may
change this policy at any time, and any change will be effective
after the expiry of 14 days following the date of posting on www.findyourchild.net
(or such later date as we may notify). Unless otherwise stated,
all amounts payable are in GB Pounds sterling. Whether you are a
business or not, value added tax and other taxes may apply to your
transaction.
Your access to the Service is conditional upon your maintaining
credit on your account at all times. Creativity Software Ltd reserves
the right to refuse without penalty or liability to respond to any
Location or other transaction Request issued by you when the credit
on your account is zero. We reserve the right to raise this minimum
credit level above zero.
You shall purchase credit for each transaction that you wish to
undertake using the Service. Credit shall be purchased by credit
or debit card via the Website or via any retailer as nominated by
Creativity Software Ltd.
4 DATA PROTECTION
Creativity Software Ltd acknowledges its obligations under the Data
Protection Act 1998 and related legislation and shall use its reasonable
endeavours to ensure that the Service and/or any personal information
held in relation to the Service are kept secure.
However, Creativity Software Ltd cannot accept any liability for
those who intentionally attempt to and/or gain unauthorised access
to a Locatable or Locating Mobile Phone and use the Service and
its information (save to the extent required by law) in a manner
for which it was not intended.
Creativity Software Ltd meets the criteria laid down by the "Draft
Industry Guidelines for the Use of Mobile Phone Technology to provide
Passive Location Services".
Creativity Software Ltd reserves the right to forward your personal
details to the police or other relevant third parties in order to
comply with the law or in relation to any suspected Inappropriate
Use by You of the Service.
Other than as set out in these conditions, your information shall
not be disclosed or used by Creativity Software Ltd.
5 LOCATING CHILDREN UNDER 16 YEARS OF AGE
You must provide details of the age of a 3rd Party when the 3rd
Party 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 Registered Users registered for the same 3rd Party when that
3rd Party is a child under 16 years of age.
6 DISCLAIMER
We will use our best endeavours to make the Service available to
you at all times but we cannot warrant to provide such Service where
we are reliant upon the provision of services by Third Parties such
as Network Operators.
We will not be liable to you or any other party for any action you
take in reliance upon the accuracy, completeness or continuous supply
of the Service.
We are only liable to you as set out in this agreement. We have
no other duty or liability to you.
Our total liability to you for something we or anyone who works
for us does or does not do will be limited to £100.
If you did not enter this agreement as a consumer, we are not liable
to you in any way for any loss of income; business; anticipated
savings or profits; any loss of property or loss of use of property;
or for any loss or damage that was not reasonably foreseeable at
the time you entered this agreement.
If you entered this agreement as a consumer, we are not liable to
you in any way for any loss of income; business or profits; or for
any loss or damage that was not reasonably foreseeable at the time
you entered this agreement.
You must tell us about any claim as soon as reasonably possible.
We will not be liable to you if we cannot carry out our duties or
provide Services because of something beyond our control.
We may suspend or disconnect the Services in general or deny Service
to a user without warning if:
(i) the network breaks down or needs maintenance. We will try to
make sure this does not happen often; or
(ii) you or anyone who uses your Userid/Password card does not keep
to the conditions of this agreement or any other agreement with
us; or
(iii) you or anyone who uses your Userid/Password damages the network
or puts the network at risk, or abuses or threatens our staff
7 TERMINATION
You can cancel this agreement by notifying Customer Services you
want to terminate. We can cancel this agreement immediately by writing
to you if any of the following happen:
(i) you break an important condition of this agreement or a number
of less important conditions;
(ii) you break a less important condition of this agreement and
do not put it right within 7 days of us asking you to;
(iii) any licence to run the network is ended;
(iv) any information you give to us is not true at the time you
give it.
The Service will be terminated 12 months after commencement unless
the annual registration fee is renewed.
8 INTELLECTUAL PROPERTY RIGHTS
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 Creativity Software Ltd's published specifications and/or
literature and/or the Goods belong to Creativity Software Ltd and
You have no right to the same.9 JURISDICTION
English Law will apply to this agreement and any disputes will be
settled in the Courts of the England.
If a clause or condition of this agreement is found not to be legally
effective the remainder of this agreement shall remain effective.
We can replace any clause or condition that is not legally effective
with a clause or condition of similar meaning that is.This Version
March 2004
© Creativity Software Ltd 2004
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