Terms and Conditions of mapAmobile

Terms and Conditions of this website

Privacy Policy































TERMS & CONDITIONS OF MAPAMOBILE

Acceptance

By purchasing a Registration Pack and registering to use the Service you are deemed to have accepted these terms and conditions and agreed to abide by them. Cybit reserves the right to introduce amendments to these terms and conditions as it shall from time to time think fit.

A. DEFINITIONS

Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:

Accuracy means the accuracy within which a mobile phone may be Located using the Service;
Charges means all registration fees and subscription fees together with all fees payable for each Location Request undertaken in connection with the Service and all annual renewal fees;
Consent the consent from a Locatable User to allow information relating to the Location of a Locatable Mobile Phone to be sent to the Locating User;
Credit Top Up Voucher means a pack allowing the addition of credit to the mapAmobile account of the Locating User;
Inappropriate Use means anything that violates the rights or dignity of a third party including but not limited to privacy, any intellectual property rights (including but not limited to trade mark or copyright), and any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory or intimidating;
Locate means the process of locating a Locatable Mobile Phone by means of the Service;
Location means the approximate centre of the cell area that is providing coverage to the mobile phone that is being located;
Locatable Mobile Phone means a mobile telephone registered to be located by a Locating User;
Locating Phone means a mobile or fixed line telephone registered with the Service by a Locating User;
Location Request means a request submitted by a Locating User to Locate a Locatable Mobile Phone;
Locatable User means the owner or keeper of a Locatable Mobile Phone who has consented to being Located;
Locating User means a person wishing to Locate a Locatable Mobile Phone and who has registered with the Service;
Cybit means Cybit Limited whose registered office is at IT House, Chord Business Park, London Road, Godmanchester, Huntingdon, Cambridgeshire, PE29 2NU;
Network Operators means the network operators, including without limitation Vodafone, O2, Orange, Fresh and T-Mobile together with any other telecommunications network and third party supplier involved in providing access to the Service;
Registration Pack means the initial pack containing a user guide, terms & conditions of use, the Registration Number and a Security Code which allows the registration of a non-transferable Subscription for one Locatable Mobile Phone to be located by one Locating User;
Registration Number means a unique 12-digit number required for the purposes of registration;
Security Code means a secondary 8-digit number required for the purposes of registration;
Service means a Location based service known as mapAmobile which will inform a Locating User of the Location of a Locatable Mobile Phone;
Subscription means a licence by Cybit to use the Service to locate one mobile phone for one year in return for payment of the Charges;
Subscription Voucher means a pack allowing the registration of an additional, non-transferable Subscription to obtain the Location of a further Locatable Mobile Phone or the renewal of an existing non-transferable Subscription to obtain the Location of a Locatable Mobile Phone;
Website means the Website currently located at URL: http://www.mapamobile.com or http://www.mapamobile.co.uk and the Website is owned and operated by Cybit in connection with the Service;
You means the account holder who has registered for the Service as a Locating User.
Any reference to a statute, statutory provision or subordinate legislation shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and any former legislation which it re-enacts, consolidates or enacts in rewritten form.

B. SERVICE TO BE SUPPLIED
  • In consideration of payment by You of the Charges Cybit agrees to provide the Service subject to these terms and conditions.
  • By agreeing to register for the Service and become a Locating User You agree that the Network Operators may provide the Location of a Locatable Mobile Phone to Cybit whenever Cybit receives a request from a Locating User and that where the Locatable User has given Consent, Cybit may then provide that Location to the Locating User

C. YOUR OBLIGATIONS
  • You must be 18 years old or over to subscribe as a Locating User.
  • You must be the account holder of the Locating Mobile Phone. Cybit reserves the right to verify this as appropriate.
  • You agree to comply with the terms of these terms and conditions at all times in relation to your use of the Service.
  • Your user name, PIN and password are personal to You and You shall not disclose the same to a third party or to allow a third party to use the Service using your information.
  • You agree to inform each Locatable User that they have been registered by You and that the Locatable User will have to give Consent prior to the Service being available.
  • You agree that the Service will not be available until the Locatable User has given their Consent to their mobile phone being located by You.
  • You shall not submit any Location requests in respect of any Locatable User unless and until that Locatable User has given the appropriate Consent and that Consent has been received by Cybit.
  • You acknowledge that Locatable Users shall have the right to withdraw their Consent at any time and that Cybit shall be bound to comply with any such withdrawal of Consent with immediate effect.
  • You agree to inform Cybit of any changes to the information which it holds about You and that the information that You provide will be accurate.
  • You may only register for this Service within the United Kingdom
  • You acknowledge that Accuracy is determined by the density of the cell centroid and will vary by cell. The Accuracy of the Service is determined by the Network Operators and Cybit cannot guarantee the Accuracy of the Service.
  • You shall indemnify Cybit against all loss, damages, costs and expenses including without limitation all reasonable legal expenses on a full indemnity basis awarded against or incurred by Cybit directly or indirectly as a result of:
    • any improper use by You of the Service; or
    • otherwise arising out of your conduct or the conduct of any other Locating User in using the Service in accordance with information provided by You and You shall give to Cybit all reasonable assistance for the purposes of any such proceedings or related negotiations.

D. OBLIGATIONS OF CYBIT
  • To supply the Service in accordance with Cybit's current information published on the Website or other literature published by Cybit International relating to the Service from time to time, subject to these terms and conditions.
  • Following your registration Cybit will acknowledge your unique user name, pin number and password and will open an account in your name.
  • Cybit will provide You with support via the Website or a telephone helpline in connection with the Services during normal business hours on any working day in the United Kingdom.
  • Cybit will operate a complaints handling service for the benefit of users, and shall deal with all complaints raised by such users promptly.
  • Cybit will use all reasonable endeavours to prevent Inappropriate Use of the Service.
  • Cybit will hold the Location data securely only for the minimum period necessary to run the Service.
  • Cybit reserves the right to withhold the Location of a Locatable Mobile Phone in response to a request from a Locatable User and shall not be held responsible for any impact this may have on the Service.

E. DATA PROTECTION
  • Cybit acknowledges its obligations under the Data Protection Act 1998 and related legislation and shall use its reasonable endeavours to ensure that the Service and/or any personal information held in relation to the Service are kept secure. However, Cybit cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to a Locatable or Locating Mobile Phone and use the Service and its information (save to the extent required by law) in a manner for which it was not intended.
  • Your personal information provided to Cybit for the purpose of using the Service will be used only for that purpose unless explicitly agreed otherwise with You and in any event shall not be transferred outside the European Economic Area.
  • In the event that all Subscriptions for the Service expire, all personal information held by Cybit about You and the Locatable Users in relation to those Subscriptions will be destroyed.
  • When registering for the Service You will be asked whether You agree to your information being used for marketing purposes. You may refuse permission for this use. If You have agreed to this use, You may opt out at any time by contacting Cybit.
  • Cybit reserves the right to forward your personal details to the police or other relevant third parties in order to comply with the law or in relation to any suspected Inappropriate Use by You of the Service.
  • Other than as set out in these conditions, your information shall not be disclosed or used by Cybit.

F. THIRD PARTY CONSENTS
  • Cybit shall contact all Locatable Users directly by SMS to obtain their Consent to be Located. Cybit cannot be held liable for any failure by Locatable Users to provide valid Consent.
  • Cybit will contact each Locatable User by SMS text message in each fourteen-day period of active Location Requests throughout the duration of the Subscription to advise that they may be Located by the Locating Users.
  • Locatable Users will be given the option to opt out of the Service at any time by contacting Cybit.
  • Cybit shall comply with all requests submitted by Locatable Users to withdraw from the Service and shall notify You of such withdrawal.

G. LOCATING CHILDREN UNDER 16 YEARS OF AGE
  • You must provide details of the age of a Locatable User when the Locatable User is a child under 16 years of age and You must confirm your relationship to the child e.g. parent / legal guardian.
  • You agree that your name and mobile phone number can be sent to other Locating Users registered for the same Locatable User when that Locatable User is a child under 16 years of age.
H. COSTS
  • You shall purchase a Registration Pack or Subscription Voucher either of which entitles the Service to be used to determine the Location of one Locatable Mobile Phone. The Registration Pack includes a limited amount of credit which can be used for each Location Request. Alternatively, You shall purchase your Registration, Subscription or credit online at www.mapamobile.com.
  • Your statutory rights are not affected by these terms and conditions. The purchase price of a Registration Pack, Subscription Voucher or Credit Top Up Voucher is not refundable if the registration number and/or security code have been revealed.
  • You shall purchase credit for each Location Request that You wish to undertake using the Service. Credit shall be purchased by credit card via the Website or via any retailer as nominated by Cybit. You shall not be able to use the Service without credit to stand to your account in the records of Cybit.
  • Your account with Cybit shall be debited by thirty pence for every request to Locate a Locatable Mobile Phone that is processed by Cybit, whether or not the Service is able to Locate the Locatable Mobile Phone at the time of the Location Request.
  • All Charges are inclusive of VAT.

I. LIABILITY
  • Cybit shall not be liable to You or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of Cybit's obligations in relation to the Service if the delay or failure was due to any cause beyond Cybit's reasonable control including but not limited to:
    • any failure of the Network Operators to provide the Location of any Locatable Mobile Phone;
    • the withdrawal by a Locatable User of or failure to provide their Consent to be Located at any time;
    • the lack of Accuracy of any Location ;
    • any Inappropriate Use of the Service or use otherwise than in accordance with these terms and conditions.
  • Except in respect of death or personal injury caused by Cybit's negligence, Cybit shall not be liable to You:
    (a) by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit, use, contract, goodwill or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Cybit, its employees or agents or otherwise) which arise out of or in connection with the supply of the Service or its use by You; or
    (b) for any claim which is not notified in writing to Cybit within 6 months of the date of registration or within 6 months of the circumstances giving rise to the claim if this is later.
  • The entire liability of Cybit under or in connection with the Service shall not exceed the price of the Registration and/or Subscriptions and/or credit purchased by You plus any paid Charges except as expressly provided in these Conditions.

J. TERM & TERMINATION
  • A Subscription is valid for one year unless renewed and is non refundable. Once all Subscriptions have expired, the Service cannot be reused without purchasing a further Registration Pack and re-registering.
  • Cybit reserves the right to discontinue the Service at any time
  • If the Service is discontinued by Cybit, all outstanding credit and all Subscription fees pro-rata for the remaining period of the Subscription will be refunded to You.
  • Notwithstanding the above Cybit shall be entitled to terminate these terms and conditions immediately if You commit any material breach of any term of these terms and conditions.
  • On termination Cybit will notify You and all Locatable Users registered on the account that the Service has terminated provided there is enough credit on your account to do so. All Locatable Users who are not informed by Cybit that the Service has terminated due to lack of credit must be informed by You.
  • A Subscription can be renewed on its expiry date each year by use of a Subscription Voucher. You will be sent notification by SMS text message at least 1 week before the expiry of the Subscription that renewal is required to continue to locate the Locatable Mobile Phone.

K. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
Except as expressly provided in these conditions a person who is not a party to these conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these conditions provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act.

L. GOVERNING LAW
These Conditions shall be governed by and construed in accordance with the laws of England and Wales. Each of the parties hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.































Terms and Conditions of this Website

1. Legal Notice and Disclaimer

This site is owned and operated by Cybit Limited, whose main office address is EIT House, Chord Business Park, London Road, Godmanchester, Huntingdon, Cambridgeshire, PE29 2NU. All copyright and displayed material ("Content") belongs to Cybit or its licensors. If you have any queries about this website, please contact The Marketing Manager at the above address or email feedback@mapamobile.com

By using this site, you agree to be bound by these rules. Cybit reserves the right to revise these rules at any time, without notice, but will bring any changes to your attention on the site. By using the site thereafter, you agree to be bound by any such revisions. The permission granted herein by Cybit may be terminated at any time without cause or notice.

You may retrieve and display content from the site on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use. You may not otherwise, without express permission from Cybit, copy, distribute, sell or publish any of the Content.

Your use of the site does not create a licence or any other rights in Cybit's trade marks, service marks, or any other intellectual property or proprietary rights.

The Content is derived from a number of sources and may be developed by third parties over whom Cybit exercises no control. It may be generated on the site automatically. Cybit does not guarantee that the Content will be complete, accurate or up to date. Cybit assumes no responsibility for the Content and disclaims all liability in respect of your use of it. Cybit may provide links to sites owned and operated by third parties. Cybit is not responsible and disclaims all liability in respect of your use of any such third party sites.

2. Payment

Cybit accepts payment by Visa, MasterCard or American Express (although we reserve the right to decline payment in any of these forms without notice to you). Cybit reserves the right to withdraw any payment methods at any time and to vary its prices without notice to you.

All charges for the Service are payable in advance. Any indulgence given by Cybit to you in respect of time for payment is entirely at its discretion and shall not operate as a waiver of any powers, rights or remedies of Cybit.

3. Exclusions and Limitations of Liability

We use our reasonable skill and care in operating the Site and in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Site or the Service. The Site is provided on an "as is" and "as available" basis and we do not warrant that you or any users will be able to access the Site at all times or that the Site will be secure, uninterrupted, error free or free from infection or viruses. We will not be responsible for your failure to provide services as a result of your inclusion on the Site, for errors relating to the provision of your services, or for technical problems that may hinder the efficacy of the Site.

Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this contract or operation of, or your use of the Site and/or Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.

4. Your Obligations

No language should be used on the SMS system which could be construed as libellous, rude, defamatory or in any way offensive.

You can report any misuse of the system to the address given above or by email to feedback@mapamobile.com

You will not attempt to bypass, hack or otherwise undermine the Service.

5. Privacy

No data or information, including email addresses, mobile phone numbers or SMS text will be given or sold to a third party. Cybit will do all in its power to ensure that all data provided is held securely.

6. Governing Law and Jurisdiction

These terms shall be governed by and interpreted in accordance with English law.

The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.

For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.































Privacy Policy

We are committed to safeguarding the privacy of our customers while providing the highest possible quality of service. We will only use the information that we collect about you lawfully in accordance with the UK Data Protection Act 1998 (registration number: Z7242179).

If you have questions concerning your personal information or regarding our practices please contact The Company Secretary, Cybit Limited, IT House, Chord Business Park, London Road, Godmanchester, Huntingdon, Cambridgeshire, PE29 2NU, UK, telephone +44 (0) 1480 389100 or email Marketing at Cybit Limited

Information Collected

We collect information from the details you supply to us through this website and from any written, email or SMS text messages you may send to us.

We also collect information automatically about your visit to our website. The information obtained in this way, which includes demographic data and browsing patterns, is only used in aggregate form, and as such cannot be used to identify you personally. Such aggregate information helps us to audit usage of our website and improve the service provided.

To help us do this, we use cookies. A cookie is a data file that the website writes to your computer's hard drive when you visit the site. Most web browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable the receipt of cookies from our website, you may not be able to use certain features of the site. For more information about cookies, visit www.allaboutcookies.org.

We use software tools to analyse traffic to the website. We collect only aggregate data which cannot be used to identify you and does not create individual profiles for visitors.

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.

Use of Personal Information

We use the information that you personally provide to:
  • Process any requests you make
  • Improve the information and support we provide
  • Provide you with information about products and services we offer
  • Conduct marketing research

If you do not wish to receive information on an on-going basis about our services or activities, please email feedback@mapamobile.com with the subject heading 'Unsubscribe'.

Security

Cybit has made every effort to safeguard the privacy and security of individuals using mapAmobile and we have worked closely with the network operators to achieve this. In particular, we would draw your attention to the following:
  • We collect the names and addresses of locating users and verify these through an external agency
  • We recognise and administer a unique username and password set by the locating users
  • We only provide location details for locatable mobile phones where the user has provided prior consent
  • Users of locatable mobile phones can opt out of the service at any time
  • We send out regular text messages to remind users that their mobile phones can be located
  • Users of locatable mobile phones can see, at any time, a list of those who can locate them

Other Websites

Our website may contain links to enable you to visit other web sites of interest easily. However, once you have used these links to leave our site you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.






Back