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Purchase of Location Credits Agreement

Locate Someone is a reseller for Followus. This page contains the terms and conditions concerning your purchase of location credits on the Followus web site. By purchasing location credits, you agree to be bound by the following terms and conditions. Where there is a conflict between these clauses and the Website User Agreement stipulated upon registration, then the User Agreement will prevail

1. Copyright
2. Site Use and Content
3. Purchasing Services On Line
4. Refund Policy
5. Security
6. Limitation of Liability
7. Customer Comments

1. COPYRIGHT
Followus.co.uk
All web site design, text, graphics, and the selection and arrangement thereof are the copyrighted works of Followus.co.uk. 2002-2003. All rights reserved.

2. SITE USE AND CONTENT
You may view, copy or print pages from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, distribute or publish any information from this site without the express permission of Followus.co.uk. At any time Followus.co.uk may without notice make changes to this site or to the services or products described in this site.

3. PURCHASING SERVICES ON LINE
A. General
The User agrees to purchase the services ordered on the various order screens when user clicks on the "SUBMIT" or similar button on the product or service order screens. The terms of the purchase agreement include the information included on the various order screens and the terms of this section. Such agreement is in addition to and not in lieu of the agreement with user formed by user's use of the Internet site.

B. No Warranties by Followus.co.uk
FOLLOWUS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES. FOLLOWUS DOES NOT AUTHORISE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND USER MAY NOT RELY ON ANY STATEMENT OF WARRANTY.

C. Limitation of Liability
Neither Followus nor any of its affiliates, nor the directors, employees or other representatives of any of them, are liable for damages arising out of or in connection with the use of the products or service. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

D. Service Availability
To the best of its ability, Followus provides service availability information on this Internet site, although some services may at certain times be unavailable. In addition, Followus updates and improves its services on a continuous basis. Followus will use its best endeavours to inform you if any Followus services ordered are unavailable or if any service that you ordered has been changed or modified. Followus may use e-mail to inform you of such changes.

E. Receipt/invoice Required Printed By Customer
After sending payment to Followus via mail, please print the confirmation page for your record. If you are a credit card customer please be sure to print and keep a copy of your receipt.

F. Charging Your Credit Card
Followus charges your credit card immediately after it receives your order. If your credit card is rejected when Followus processes it, Followus may restrict all services to your account/user ID. Followus may contact you by e-mail or any other reasonable means to advise you of the situation.

G. Prices and Taxes
All prices are stated and payable in GB Pounds. The prices for products and services quoted on this Internet site do not include taxes. Followus does not accept responsibility for charges that may be imposed by your wireless carrier when sending and receiving text messages that may arise in connection with your using the Followus website. Please note that text messages are typically included as a feature of your wireless plan. Please consult your carrier to be certain.

H. Charge for Unsuccessful Location Requests
Followus is charged by the Mobile Network Providers for all unsuccessful location requests made by you, whilst using our service, whatever the reason for the failure. On that basis, Followus must also make a charge to you for unsuccessful location requests and each request, whether unsuccessful, or not, will be chargeable to you as one location request credit.

4. REFUND POLICY
A. General
Followus is not liable nor can we refund any charges for a wireless service billed to you by your wireless carrier or credit card companies. All other refund requests will not be considered and are void after 7 days from purchase.

B. Refund Fees
Followus reserves the right to withhold an appropriate refund fee for every refund, equal to or less than the actual occurred cost, with the minimum fee being £15.00.

C. Changing your user ID
In the case that you change your user ID, purchased credits can be transferred to your new account only once and only if remaining credits exceed 25. Any amount of credits less than 25 cannot be transferred due to administration costs incurred by Followus.

D. Changing Wireless Carrier
In the case that you change your wireless carrier to a carrier, which is not compatible with the Followus service, or if your wireless carrier makes changes preventing its Users from benefiting from the Followus services, Followus is not liable nor can we refund any remaining credits or past purchases.

E. Changes to Policy
This policy and the Followus Site Use Agreement and Privacy Policy are subject to change at any time and may not apply to certain services.

F. Cancellation of our Service
You have the right to cancel your registration with us using the website or contact details set out in our website contacts page using either telephone or e-mail. Followus will then use its best endeavours to cancel your service immediately upon receipt. Please note that Followus’ normal hours of work are 9am to 5pm Monday to Friday. Pending cancellation, you as a User can bar location by turning-off the mobile phone. It will be your responsibility to amend the security settings on your mobile phone, where applicable, to bar other companies from seeking location of your mobile phone, e.g.' for 02 handsets, you will call the IVR number 1300 and set your mobile surety setting to Option 1.

G. Unsuccessful Location Requests
As set out in Clause 3(H), Followus is unable to refund to you the cost incurred upon your unsuccessful location requests whilst using the Followus web site. FollowUs is charged by the Network providers for all location request whether successful, or not, and as a consequence, such costs must be passed on to our customers.


5. CUSTOMER COMMENTS
Followus welcomes the submission of your comments, information or feedback through this site; however, Followus does not want to receive confidential or proprietary information from you. Followus also offers a customer care services, the current number for which can be viewed at the Contact Section of the current Followus web site. Where you wish to raise a customer complaint, then PLEASE NOTE THAT THE APPROPRIATE AIRTIME PROVIDER HAS NO RESPONSIBILITY FOR THE FOLLOWUS LOCATION BASED SERVICES, AND ALL COMPLAINTS MUST BE RAISED WITH FOLLOWUS IN ACCORDANCE WITH THE CONTACT DETAILS PROVIDED IN THE CURRENT FOLLOWUS WEBSITE. Complaints can be raised at the e-mail address customercare@followus.co.uk

6. SCOPE OF THE SERVICE
A. Accuracy
The accuracy of the Followus location delivered will vary from mobile cell mast to mobile cell mast and location to location. You therefore acknowledge that the Maximum Location Error will be less than one cell radius for 50% of the cells and that the Average Location Error will be less than the cell radius for 90% of the cells. THIS MAY MEAN THAT LOCATION IN SOME AREAS COULD BE ACCURATE TO WITHIN 80/100M WHILST, WHILST IN VERY RURAL AREAS ACCURACY MAY ONLY BE WITHIN 10 TO 15KM. If you require further explanation please contact us at Followus in accordance with the contact details provided in the current Followus website. CLEARLY, WHERE THERE IS NO MOBILE PHONE MAST COVERAGE, THEN LOCATION CANNOT BE DETERMINED BY THE FOLLOWUS SERVER.

B. Territory of Service
THE FOLLOWUS IS SOLELY AVAILABLE FOR LOCATION SERVICES WITHIN ENGLAND, SCOTLAND AND WALES AND CANNOT PROVIDE LOCATION FOR ITEMS OUTSIDE OF THIS JURISDICTION AT PRESENT. Should the position change, then we will make an appropriate statement on our web site. Followus also does not permit access to location using the web porthole outside of the UK, and where persons do so in breach of other territorial laws and statutes of that jurisdiction, then they do so entirely at their own risk.

Version 8 – November 2003



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