Our terms & conditions

This is a legal agreement (“Agreement“) and governs the relationship between you as a member of the service (“ Member“) and MobileSOS Ltd (trading as MobileSOS) a company registered in England Registration Number 5113225 whose registered office is at First Floor Thavies Inn House 3-4,Holborn Circus,London,EC1N 2HA the service provider (“ Provider“)  Please read the Agreement carefully before registering for the MobileSOS service (“Service“). By registering you become a member of the Service, and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the Service. The terms are subject to change by MobileSOS at any time, effective upon notice to you.

CONTRACT TERM

This contract becomes valid from the date of your registration via the Service's web site. The term of the contract is 12 months. If you have not issued a cancellation notice, in writing or by sending an e-mail to cancel@mobilesos.co.uk including your telephone login number, before the last month of the term, the contract will automatically be extended to a further 12 months at the end of the first full term.

You also agree that once the Service has started with your agreement, you will lose your statutory right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000.

SERVICE

We aim to provide you with the Service at all times. However we as a service provider contract third parties for facilities and components to enable the provision of the Service to you. We can make no promises or warranties, express or implied as to the Service, including without limitation, speed, access, its accuracy, relevance or quality and cannot be held responsible for network connectivity problems including, but not limited to, mobile phones and the internet, which may occur and are outside our control.

Therefore the Service is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Service, including but not limited to implied warranties or conditions of availability, speed, completeness, accuracy, satisfactory quality and fitness for a particular purpose.

You acknowledge that:

(a) location Services are designed to locate the phone of another person. For the service to work, the phone has to be switched on and within network coverage.

(b) location services aimed at children are intended to complement, not be a substitute for, normal parental supervision. They give information about the location of a child's phone and, in conjunction with other types of communication, such as phoning or texting, can help parents keep in touch with their children

(c) it is technically impossible to provide the Service free of faults and that we do not undertake to do so;

(d) faults may lead to temporary unavailability, a malfunction  of the Service;

(e) the results that may be obtained from the use of the Service may include inaccuracies or typographical errors.

(f) the operation of the Service may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our service, and between us and other systems and networks.

(g) that some of the information, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such information.

(h) that the Service may, from time to time, be adversely affected by events outside our control, including, but not limited to, congestion, network coverage and dropped connections. These adversely affected events may result in a message or instruction not being received by us or by your contacts. In no event shall MobileSOS be liable for any loss, damages, consequence or cost as a result of us, or your contacts, not receiving a message.

(i) we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable. Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.

(j) that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that location positions and/or messages or other content will be retained by the Service , the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, the length voice and SMS messages and the number of calls made to contact list.

(k) that the Service will only operate if (i) your phone's caller line identification (CLI) is recognized (in other words, that the "Own number sending" option is enabled on your phone) and (ii) that you are able to make a call on the phone in question (in other words, that you have enough credit on your mobile phone account to initiate a call).

(l) that if you replace your mobile phone and your phone number changes, you must register the change on the MobileSOS website to enable the use of the Service from your new phone.

(m) that MobileSOS 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 MobileSOS in accordance with the provisions of the Data Protection Act 1988.

(n) Your location will be used to provide voice, map and text location information to your list of contacts or the requestor identifying the location of your mobile phone or location device.

We reserve the right to refuse membership to particular mobile phone numbers or users without reason.

To sign up to access all areas of the Web site, you must complete the registration process by providing us with true, accurate, current and complete information about yourself as prompted by the Registration Form. You will then be send a password to your specified e-mail address and to your mobile phone.

Information you supply will be stored in our database, and the information is not released to any third party unless previously authorised by you. Our database resides behind firewalls in order to protect against the loss, misuse and alteration of the information under our control.  We have taken preventive measures to restrict access to sensitive data, as well as to detect and prohibit certain connections and operations by unauthorized users. While our measures are in  line with industry standards, no claim is made as to the impenetrability of the system or its resilience to future attacks.

YOUR OBLIGATIONS

As a Member, you agree that:

(a) You will not use your account (or permit any other party to) in an unauthorised, unlawful, improper or fraudulent way or for criminal activities or to send nuisance, abusive, deliberate hoax, indecent, racist, defamatory or otherwise objectionable or unlawful messages.

(b) You will use the MobileSOS service in a manner consistent with any and all applicable laws and regulations.

(c) You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service.

(d) You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating a MobileSOS employee, manager, host or another user.

(e) You will not transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.

(f) You will not use the services as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users.

(g) You are solely responsible for your interactions with your contacts and other members.

(h) It is your responsibility to obtain permission from your contact to add them as contacts and to obtain their permission to be contacted in the event of activation of the service by you.

(i) You will comply with any instructions we give you in the use of the Service. We cannot be responsible for the delivery of the service if you have not followed such instructions.

(j) You will only use the Service in accordance with these Terms and Conditions

(k) It is your responsibility to keep your details up to date including but not limited to your contact list, alarm messages and address details. (We recommend that you test the service periodically in accordance with our test procedure)

(l) It is also your responsibility to ensure that contact details of your contact list is accurate. In no event will MobileSOS be liable for any direct, incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the usage of inaccurate data.

(m) You are entirely responsible for maintaining the confidentiality of your password and account.

(n) You are entirely responsible for any and all activities that occur under your account. MobileSOS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MobileSOS or another party due to someone else using your account or password

LIMITATION OF LIABILITY

You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract or the use or performance of the Service or related Web site, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss even where we have been advised of the possibility of such loss or damage.

In no event will MobileSOS be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Service, even if MobileSOS or its agents or representatives know or have been advised of the possibility of such damages, or to any person other than you. Notwithstanding anything to the contrary contained herein, MobileSOS liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MobileSOS for the service during the term of membership.

MobileSOS does not screen the members registering to the Service in any way. As a result, MobileSOS will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of this service, including, without limitation, for damages arising out of communicating and/or meeting with other members of this service, or introduced to you via this service. Such damages include, without limitation, physical damages, bodily injury and or emotional distress and discomfort.

INDEMNITY BY MEMBER

You will defend, indemnify, and hold harmless MobileSOS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the MobileSOS service, including any breach by you of the terms of this Agreement.

PROPRIETARY RIGHTS

MobileSOS owns and retains  proprietary rights in the MobileSOS service. The Service contains the copyrighted material, trademarks, and other proprietary or confidential information of MobileSOS, its licensors and licensees. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given written permission, you will not copy, modify, publish, transmit, distribute, perform, display, use or sell any such proprietary information. MobileSOS will keep confidential all information supplied by you to MobileSOS, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Statement for more detailed information concerning confidentiality.

COMPLAINTS

To resolve a complaint regarding the MobileSOS service, you should first contact MobileSOS Customer Support by clicking on the "Contact Us" button or via email to support@mobilesos.co.uk

INTELLECTUAL PROPERTY

You acknowledge that all copyright, trade marks and all other intellectual property rights in the Service and the Information shall remain vested in us or our licensors.

SUSPENSION AND TERMINATION

We shall have the right to immediately terminate this Contract and/or suspend your access to the Service if you commit a breach of these terms and conditions all of which shall be deemed to be material. In addition, we reserves the right to terminate this Agreement with 30 days notice.

COPYRIGHT NOTICE

Copyright © 2004 - 2011 MobileSOS Ltd. All rights reserved.

CHANGES TO THE TERMS AND CONDITIONS AND THE SERVICE

We reserve the right to change these terms and conditions from time to time by placing a note of such change in this file, and your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such change. It is your responsibility to check this file regularly to determine whether this Contract has been changed. If you do not agree to any change in the terms and conditions of this Contract then you must immediately stop using the Service. We also reserve the right to change and update the Service from time to time.

SEVERABILITY

Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

NO WAIVER

No conduct on our part shall be construed as a waiver of any preceding or succeeding breach of any provision.

VARIATION

These terms shall constitute the entire agreement between the Service and you and may not be amended or added to without the express written consent of both parties.

CHOICE OF LAW AND JURISDICTION

This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English courts.

These Terms and Conditions were last updated 2nd of June 2005.