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