User Agreement
Welcome to the User Agreement for FollowUs Ltd and
its joint venture company FollowGB (‘FollowGB’). This Agreement describes the
Terms and Conditions applicable to your use of our services at
http://www.FollowGB.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 ON LINE
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@followus.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 FollowUs Limited and its joint venture FollowGB.
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