Welcome to the User Agreement for FollowGB
(‘FollowGB’). This Agreement describes the Terms and
Conditions applicable to your use of our services at http://www.GPSWholesale.co.uk.
If you do not agree to be bound by this Agreement, you may
not use or access our services.
You must read, agree with and accept all of the terms and
conditions contained in this User Agreement and the Privacy
Policy, which include those Terms and Conditions expressly
set out below and those incorporated by reference, before
you may become a Registered User of FollowGB. We strongly
recommend that you read this User Agreement, and access
and read the information contained in the other pages and
websites, if applicable and referred to in this document,
as they may contain further terms and conditions which apply
to you as a FollowGB Registered User.
By agreeing to this User Agreement, you also agree that
your use of other FollowGB web sites will be governed
by the terms and conditions posted on those web sites. We
may amend this Agreement for time to time and any amended
Agreement will govern new user registrations from the date
that it is posted on our website. Existing users will be
bound by the amended Agreement after the expiry of 30 days
following the date of posting on the FollowGB website.
1. Our
rights.
Our location services are not available to persons who are
temporarily or indefinitely suspended former FollowGB
Registered Users. If you do not qualify, please do not use
our services.
2. Copyright.
All web site design, text, graphics, and the selection and
arrangement thereof are the copyrighted works of FollowGB.
2005. All rights reserved.
3. 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 FollowGB. At any time FollowGB.co.uk may without
notice make changes to this site or to the services or products
described in this site.
4. User
ID.
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, as the signatory
to the white list or online Registered User, (either board
director, compliancy officer or Home User) have no right
to disclose or transfer your User ID and password to any
other person, without our formal written consent, save to
a senior officer in your company such as member of the board
or director. To do so will be deemed a breach of the User
Agreement and FollowGB 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 an officer
or agent of your company, 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 indemnity both FollowGB
and the relevant Network Provider without limitation.
5. FollowGB is only an authorised
Location Service.
5.1 The FollowGB location service is not in place to
offer unauthorised covert location services. All parties
located using the FollowGB server will be required
to give their consent to passive location of their mobile
phone. FollowGB will not knowingly allow its location
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 neither the location requests made, nor the truth or
accuracy of the registrations made. However, we do warranty
that were unauthorised locations are requested and upon
investigation, such allegations of intrusiveness are deemed
likely, then FollowGB reserves the right to remove
that 3rd party or Registered User from the FollowGB
Web site, or prohibit the user from making further location
requests. You accept sole responsibility for the legality
of your actions under laws applying to you.
5.2 Release. In the event that you have any right, claim
or action against any other user arising from that user's
use of our website, you agree to pursue such right, claim
or action independently of and without recourse to us, and
you release FollowGB (and our parent, subsidiaries,
affiliates, officers, directors, agents and employees) from
all claims, liability, damages, losses, costs and expenses,
including legal fees, known and unknown, arising from or
in any way connected with such right, claim or action.
5.3 Information Control. We do not control the information
provided by other users, which is made available through
our system.
5.4 Data Protection Act 1998. You comply with the principles
of the Data Protection Act including but not limited to
the fair obtaining and use of End User information and disclosure
of data.
5.5 In registering for this service you consent and understand
that: -
a) Your location will be used in the delivery of the location
service.
b) You acknowledge that FollowGB is obtaining your
location from the relevant Network Provider. Accordingly,
by registering you authorise the relevant Network Provider
to release and deliver location information to FollowGB
in accordance with the provisions of the Data Protection
Act 1988. You also acknowledge that FollowGB will deliver
location information collated together with information
regarding the Registered User, and will include you, as
set out in this Agreement.
c) Your location will be used to provide map or text location
information to you or the requestor identifying the location
of that mobile phone or location device. This information
will form part of that phone or SIM’s history of movement.
d) Location will be issued when your location is requested.
e) You are able to terminate the service immediately and
de-register by using the FollowGB web site.
f) You can contact us for help or technical support by using
the current contact numbers on the FollowGB website
for more information regarding you ability to restrict passive
location requests.
g) We can offer you further information regarding 02's privacy
mechanism upon request - there in no formal web based link
to this information.
h) Please note that the location of your mobile phone will
not be available to other Users of the FollowGB location
service without your formal consent.
i) Where a Registered User seeks consent to locate a 3rd
party (and that 3rd party having already given consent to
be located by other Registered Users), then an e-mail will
be sent to the other Registered Users to advise them that
a new Registered User has asked for consent to locate the
3rd party. This e-mail will disclose the names and telephone
numbers of all those Registered Users authorised to locate
the 3rd party including your details whether you are the
new Registered User or existing Registered User. The e-mail
will also disclose the name and the number of the 3rd party.
This will mean that your name and number will be disclosed
to other Registered Users where both you and the at least
one other Registered User seek to locate a 3rd party when
using the service. If you are not happy for your details
to be released in line with this security feature then please
do not register for the FollowGB service.
6. Purchasing
Services Online.
6.1. The User agrees to purchase the services ordered on
the various order screens when a 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 a user formed by their use of the
Internet site.
6.2 Service Availability. To the best of its ability, FollowGB provides service availability information on this
Internet site, although some services may at certain times
be unavailable. In addition, FollowGB updates and improves
its services on a continuous basis. FollowGB will use
its best endeavours to inform you if any FollowGB services
ordered are unavailable or if any service that you ordered
has been changed or modified. FollowGB may use e-mail
to inform you of such changes.
6.3 After making payment to FollowGB, an invoice will
be sent by email. If you are a credit card customer please
be sure to print and keep a copy of your receipt.
6.4 Charging Your Credit Card. FollowGB charges your
credit card immediately after it receives your order. If
your credit card is rejected when FollowGB processes
it, FollowGB may restrict all services to your account/user
ID. FollowGB may contact you by e-mail or any other
reasonable means to advise you of the situation.
6.5 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. FollowGB
may 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
FollowGB website. Please note that text messages are
typically included as a feature of your wireless process.
6.4. FollowGB 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, FollowGB must also make a charge to
you for unsuccessful location requests and each request,
whether unsuccessful, or not.
7. Refund
Policy
7.1 FollowGB is not liable nor can we refund any charges
for a wireless service billed to you by your wireless carrier
or credit card company’s. All other refund requests will
not be considered and are void after 7 days from purchase.
7.2 FollowGB 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 L15.00.
7.3 Should 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 FollowGB.
7.4 In the case that you change your wireless carrier to
a carrier which is not compatible with the FollowGB
service, or if your wireless carrier makes changes preventing
its Users from benefiting from the FollowGB services,
then FollowGB will not be liable nor can we refund
any remaining credits or past purchases.
7.5 This policy and the FollowGB Site Use Agreement
and Privacy Policy are subject to change at any time and
may not apply to certain services.
7.6 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. FollowGB
will then use its best endeavours to cancel your service
immediately upon receipt. Please note that FollowGB’
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 security setting to Option 1.
8. Your
Information.
8.1 Definition "Your Information" is defined as
any information you provide to us or other users in relation
to the FollowGB service including the registration.
You are solely responsible for Your Information.
8.2 Restrictions Your Information and your activities on
our Site must not:
be false, inaccurate or misleading;
be offensive or menacing, abusive, defamatory, or in breach
of copyright, confidence, privacy or any other rights;
infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity
or privacy;
be fraudulent;
be in breach of any applicable laws or regulations (including,
but not limited to, laws governing export control, consumer
protection, unfair competition, anti-discrimination or false
advertising), licences or third party rights;
create liability for us or cause us to lose (in whole or
in part) the services of our ISPs or other suppliers;
contain any computer viruses, macro viruses, Trojan horses,
worms or anything else designed to interfere with, interrupt
or disrupt the normal operating procedures of a computer
or to surreptitiously intercept, access without authority
or expropriate any system, data or personal information;
cause our website to be interrupted, damaged, rendered less
efficient or such that the effectiveness or functionality
of our website is in any way impaired.
8.3 Licence To enable FollowGB to use Your Information,
you grant us a non-exclusive, world-wide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) licence
to exercise the copyright, publicity, and database rights
you have in Your Information, in any media now known or
not currently known. Our Privacy Policy will govern use
of Your Information.
9. Access
and Interference.
Our website contains robot exclusion headers and you agree
that you will not use or induce the use of any robot, spider,
other automatic device, or manual process to monitor or
copy our website or the content contained therein without
our prior express written permission. You agree that you
will not use or induce the use of any device, software or
routine to bypass our robot exclusion headers, or to interfere
or attempt to interfere with the proper working of our website.
You agree that you will not take any action that imposes
or may lead to an unreasonable or disproportionately large
load on our infrastructure. Much of the information on our
website is updated on a real time basis and is proprietary
or is licensed to FollowGB by our users or third parties.
You agree that you will not and will not induce others to
copy, reproduce, alter, modify, create derivative works,
or publicly display any content (except for Your Information)
from our website without the prior express written permission
of FollowGB or the relevant FollowGB user.
10.
Breach.
Without limiting our other remedies, we may immediately
issue a warning, suspend or terminate your user registration
and refuse to provide our services without notice to you:
(a) if you breach this Agreement or the documents incorporated
by reference; (b) if we are unable to verify or authenticate
any information you provide to us; or (c) if we believe
that your actions may cause legal liability for you, our
users or us.
11.
Privacy.
Please note that your Information will be stored and processed
on our computers in the UK. FollowGB will never sell
or rent your personal information to third parties except
as described in the Privacy Policy and will not in any circumstances
disclose information unless pursuant to a court order, request
from law enforcement agency or a formal request from a registered
legal practice pursuant to legal action or potential commencement
of legal action. If you object to your Information being
transferred or used in this way please do not register.
Please refer to our Privacy Policy for further information.
12.
Accuracy
The accuracy of the FollowGB 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 CENTRAL CITY 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 FollowGB in
accordance with the contact details provided in the current
FollowGB website. CLEARLY, WHERE THERE IS NO MOBILE
PHONE MAST COVERAGE, THEN LOCATION CANNOT BE DETERMINED
BY THE FollowGB SERVER. WE ARE THEREFORE UNABLE TO
WARRANT THE ACCURACY OF A LOCATION GIVEN. THE FollowGB
IS SOLELY AVAILABLE FOR LOCATION SERVICES WITHIN ENGLAND,
SCOTLAND AND WALES AND CANNOT PROVIDE LOCATION FOR ITEMS
OUTSIDE OF THESE JURISDICTIONS AT PRESENT.
Should the position change, then we will make an appropriate
statement on our web site. FollowGB 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.
13.
No Warranty.
FollowGB does not guarantee continuous, uninterrupted
or secure access to our services, and operation of our website
may be interfered with by numerous factors outside of our
control. Our website and our services are provided "as
is" and as and when available, and to the extent permissible
by law we exclude all implied warranties, conditions or
other terms, whether implied by statute or otherwise, including
without limitation any terms as to skill and care or timeliness
of performance. Some jurisdictions do not allow the disclaimer
of implied warranties, so the foregoing disclaimer may not
apply to you.
14.
Customer Comments
FollowGB welcomes the submission of your comments,
information or feedback through this site; however, FollowGB does not want to receive confidential or proprietary
information from you. FollowGB also offers a customer
care service, the current number for which can be viewed
at the Contact Section of the current FollowGB web
site. Where you wish to raise a customer complaint, then
PLEASE NOTE THAT THE APPROPRIATE AIRTIME PROVIDER HAS NO
RESPONSIBILITY FOR THE FollowGB LOCATION BASED SERVICES,
AND ALL COMPLAINTS MUST BE RAISED WITH FollowGB IN
ACCORDANCE WITH THE CONTACT DETAILS PROVIDED IN THE CURRENT
FollowGB WEBSITE. Complaints can be raised at the e-mail
address customercare@gpswholesale.co.uk
15.
Limitation of Liability.
Nothing in this Agreement shall limit or exclude our liability
for fraudulent misrepresentation, or for death or personal
injury resulting from our negligence or the negligence of
our servants, agents or employees. Subject to the foregoing,
we will not be liable for any economic losses (including,
without limitation, loss of revenues, profits, contracts,
business or anticipated savings), any loss of goodwill or
reputation, or any special, indirect or consequential damages
(however arising, including negligence) arising out of or
in connection with this Agreement. Some jurisdictions do
not allow the exclusion of incidental or consequential damages,
so the above exclusion may not apply to you.
FollowGB warrants the Software for thirty (30) days
following delivery/download of the Software to Buyer, that
the Software will perform substantially the functions described
in any associated product documentation provided by FollowGB. FollowGB does not warrant that the Software
will meet Buyer's specific requirements or that operation
of the Software will be uninterrupted or error-free. FollowGB is not responsible for any problem, including
any problem which would otherwise be a breach of warranty,
caused by:
• Changes in the operating characteristics of computer hardware
or computer operating systems;
• Interaction of the Software with software not supplied
or approved by FollowGB.
• Accident, abuse, or misapplication;
• Modification of the Software in any way by the Buyer.
FollowGB warrants only that for a period of 12 months
from the date of delivery the Goods to be free from defects
in workmanship and materials. FollowGB’s sole liability
will be, at its option, either to repair or replace during
normal working hours the Goods (or any relevant part(s)
thereof) that prove defective during the warranty period.
FollowGB will deliver the repaired or replacement Goods
to an address agreed in writing between the Parties or in
the event that no such agreement is made to the address
of the Buyer's place of business. The Buyer will pay for
the return to FollowGB of Goods for repair under warranty;
the FollowGB will pay for the return of repaired or
replacement items to the Buyer.
Installation, operation and use of the Goods must be done
in accordance with all reasonable instructions of the Company
from time to time. Failure to follow these instructions
will invalidate the warranty.
The Buyer acknowledges that the warranty does not apply
to any defects caused by:
• alterations, modifications, repairs or other work done
on or in relation to the Goods by anyone other than FollowGB; or
• use of the Goods in conjunction with any third party products;
or
• any matter beyond the reasonable control of FollowGB.
The Buyer shall indemnify FollowGB (and keep indemnified
notwithstanding the termination of this Agreement) and otherwise
hold FollowGB harmless against all claims and proceedings
brought by any third party arising from or incidental to:
• the supply, installation, or use of the Goods and Services
or where applicable maintenance of the Goods and Services
by the Buyer which for the avoidance of doubt shall not
include faults in FollowGB’s own and managed network,
or faults to Goods within the Warranty Period;
FollowGB shall not be liable under any circumstance
for any outcome should a communication by the Buyer with
the device fail. Such failure may be as a result of, but
not limited to, faults and disruptions including, atmospheric
conditions, or other causes of interference, failure or
otherwise, or the Buyer is in a location whereby Mobile
Network GSM coverage, or GPS Satellite tracking is not possible,
inaccurate, or faulty, or not operable, and accordingly
the service is not available.
FollowGB shall not be liable hereunder, in contract,
tort or otherwise (including negligence) for any indirect
or consequential losses whatsoever or otherwise howsoever
arising including without limitation, loss of profits, business,
contracts, revenues, anticipated savings or any other loss
whatsoever and in this Clause 10.9 “anticipated savings”
means any saving that the Buyer anticipated making as a
consequence (whether directly or indirectly) of entering
into this Agreement.
FollowGB do not guarantee continuous, uninterrupted
or secure access to our Service, and/or operation of the
FollowGB website, as aforementioned Services may be
interfered with by numerous factors outside of FollowGB’s
control. Services are provided "as is" and as
and when available, and to the extent permissible by law
FollowGB exclude all implied warranties, conditions
or other terms, whether implied by statute or otherwise,
including without limitation any terms as to skill and care
or timeliness of performance. Some jurisdictions do not
allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to the Buyer.
Our liability to you or any third party in any circumstance
is limited to the greater of (a) the total fees you pay
to us in the transaction prior to the action-giving rise
to liability, or (b) L100.
16.
Indemnity.
You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, officers, directors, agents,
and employees, harmless from any claim or demand, including
reasonable legal fees, made by any third party due to or
arising out of your breach of this Agreement (including
the documents incorporated by reference), or your violation
of any law or the rights of a third party.
17.
Termination.
FollowGB reserves the right to terminate this Agreement
without notice upon breach of the Agreement or the Purchase
of Location Credits Agreement by the Registered User. In
addition, FollowGB reserves the right to terminate
this Agreement with 30 days notice.
18.
Notices.
Unless otherwise explicitly stated, notices to FollowGB
must be sent by registered mail to our UK HQ and notices
to you will be sent to the email address that you provide
to FollowGB during the registration process (receipt
is deemed 24 hours after an email is sent, unless we receive
notice that the email address is invalid), or by registered
mail. Notices sent by registered mail will be deemed received
3 days following the date of mailing.
19. Governing Law and Legal
Compliance.
This Agreement shall be governed by and construed in accordance
with English law and subject to the non-exclusive jurisdiction
of the English courts. The laws of your country may be different
from English law. There may be additional legal requirements
and you shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of our service. There is no practical way for us to
continually monitor the laws of every country, or each user
transaction. Please do not assume that you are allowed to
do what other users do, or that we are approving or validating
any transaction, even if you have successfully made similar
actions in the past.
20. Dispute Resolution.
Disputes between you and FollowGB regarding our services
may be reported to FollowGB Customer Support and we
encourage you to report all disputes between users to your
local law enforcement body. However, any controversy or
claim arising out of or in connection with this Agreement
may at our discretion be settled by binding arbitration
by reference to an arbitration tribunal designated by FollowGB. You agree to be bound by the ruling arbitrator.
The costs of the dispute are borne by the originator. Any
such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration
shall be conducted in the U.K., and judgment on the arbitration
award may be entered into any court having jurisdiction
thereof.
21. Third Party Rights.
A person who is not a party to this Agreement has no right
under the Contracts (Rights of Third Parties) Act 1999 to
enforce any term of this Agreement but this does not affect
any right or remedy of a third party which exists or is
available apart from that Act.
22.
General.
If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck out and
the remaining provisions shall be enforced. You agree that
this Agreement and all incorporated agreements may be automatically
assigned by FollowGB, in our sole discretion, to a
third party in the event of a merger or acquisition. You
and FollowGB are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by this Agreement. Headings
are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent
or similar breaches. This Agreement sets forth the entire
understanding and agreement between us with respect to its
subject matter.
This Agreement will prevail over our Privacy Policy which
may be amended from time to time such changes shall be immediately
effective for all new registered users on the day of posting
on website and effective after thirty (30) days from the
date of posting form existing users.
Fees, Your Information, Access and Interference, Limitation
of Liability, Indemnity, Governing Law, Dispute Resolution
and Third Party Rights sections to this Agreement shall
survive any termination of this Agreement.
The services available at www.FollowGB.co.uk are offered
by FollowGB Limited and its joint venture FollowGB.
