Terms & conditions

Mobilyse Terms and conditions

Mobilyse.com – Terms and Conditions of Use

TERMS OF WEBSITE USE

This page (together with the documents referred to in it) contains the terms on which you may make use of our website www.mobilyse.com ("Website"), whether as a guest or a registered user ("User"). Please read these terms carefully before you start to use the Website. By using our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Website. If you register with us you will be asked to agree to our specific User Agreement, in the event of any conflict between theses Terms and Conditions of Use and the User Agreement the User Agreement shall prevail.

The following terms and conditions are incorporated into and form part of these terms:

  • Acceptable Use Policy
  • Privacy Policy

 

OUR SERVICE

www.mobilyse.com is a Website operated by Mobilyse (UK) Limited ("We"). We are Mobilyse (UK) Limited, a limited company registered in England and Wales under company number and our registered office is at Salisbury House, London Wall, London EC2M 5PS.

We provide an online platform through which mobilife (Services) are provided.

ACCESSING OUR WEBSITE

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our Website, you must comply with the provisions of our Acceptable Use Policy.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

VARIATION OF TERMS

We reserve the right to modify, add or remove portions of these terms and the terms in any documents referenced or mentioned herein, at any time. It is your responsibility to check these terms of use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.

USE OF THE WEBSITE

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of ours, including any accounts not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us. This includes but is not limited to use of the Website in a way that requires unreasonable commercial efforts on behalf of our staff, or creates a burden with regard to network, support, technical or staffing resources.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

You may use information, including Services, made available by us for downloading from the Website, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents

PURCHASES

Additional terms and conditions may apply to purchases of paid Services or other pay as you go services available from time to time and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these terms of use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these terms of use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the service.

You are responsible for providing us with current accurate contact and payment information for billing purposes and keeping it up to date at all times. We are not responsible for any service interruptions that may result from your contact or payment information being out of date, in error or otherwise invalid. Additionally, you agree to pay for all charges for service accrued due to invalid or out of date contact or payment information.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Website may require you to open an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of or visitor to the Website due to someone else using your user ID, password or account.

You may not use anyone else's s user ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. We will not be liable for any loss or damage arising from your failure to comply with these obligations. We will not be liable for any loss or damage arising from the use of your account by any User. Your account may be suspended or access to the Website blocked by us at any time, in its sole discretion and without prior notice for reasons including but not limited to failure to pay for service, violation of these terms of use, compliance with law enforcement requests copyright infringement, or issues pertaining to violation of third party distribution terms and conditions.

PIRACY PREVENTION

It is illegal to copy, reproduce or distribute copyrighted material programs without permission, and violators may be subject to civil and criminal actions and penalties both. Copyrighted material includes, but is not limited to, computer programs and accompanying sounds, images and text. So long as you are a User of the Website, including but not limited to a User of our services, you acknowledge that you are bound by and copyright and intellectual property laws and the provisions of this Agreement specifically related thereto, and you will report incidents of suspected piracy to us at mail@mobilyse.com.

COPYRIGHT INFRINGEMENT; CLAIMS THEREOF

If you believe your work has been copied in a way that constitutes infringement on the Website or the service offered through the Website, please provide the following information to us at Mobilyse LTD , Salisbury House, London Wall, London EC2M 5PS.

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

LINKS TO OTHER WEBSITES

The Website may contain links to other independent third-party Websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under our control, and we are not responsible for and do not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

TRADE MARKS

Mobilyse.com is a registered UK trade mark of Mobilyse LTD whose registered office is Salisbury House, London Wall, London EC2M 5PS.

OUR LIABILITY

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any Websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

RELIANCE ON INFORMATION POSTED

Commentaries, recommendations, advertisements and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

VIOLATION OF THESE TERMS OF USE

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Website, including our customers. We reserve the right at all times to disclose any information that we deems necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Website, and may also disclose such data if required to do so by law or if we determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these terms of use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the Website, and the public.

You agree that we may, in its sole discretion and without prior notice, terminate your access to the Website, Service, or any Content and/or block your future access to the Website, Service, or any Content if we determine that you have violated these terms of use or other agreements or guidelines which may be associated with your use of the Website. law or in equity.

You agree that we may, in its sole discretion and without prior notice, terminate your access to the Website, Service, or any Content for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies; (2) a request by you ("self-initiated account deletions"); (3) discontinuance or material modification of the Website or any Service offered on or through the Website; or (4) unexpected technical issues or problems.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our

ACCEPTABLE USE POLICY

If you wish to make any use of material on our site other than that set out above, please use the contact us form on our contact page.

MEMBER DISPUTES

You are solely responsible for your interactions with other users, third party developers or any other parties with whom you interact through our site. We reserve the right, but have no obligation, to become involved in any way with these disputes.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

USER AGREEMENT

REGISTRATION WITH US

This User Agreement sets out the additional terms and conditions that apply between us when you register with us. Once you register with us you will be a Registered User.

This User Agreement applies between us and a Registered User in addition to our general Website Terms and Conditions. In the event of any conflict between this User Agreement and the Website Terms and Conditions this User Agreement will prevail.

We are Mobilyse and our registered office is at Salisbury House, London Wall, London EC2M 5PS. You can contact us anytime via our contact page on our site.

By registering with us and our Website and our information, tools, functionality, features on other services on the Website ("Services") you agree to be bound by the terms and conditions of this User Agreement in addition to our Website Terms and Conditions. We may amend this User Agreement from time to time and your continued use of the Services as a Registered User will constitute your agreement to such revised User Agreement. Our Services are provided to you at no cost to you and you are not obliged to continue to use our Services if you do not wish to accept any revisions to our User Agreement.

In order to become a Registered User you must be over 18 and by accepting this User Agreement you confirm to us that you are over 18 or, if you are acting on behalf of a company or other organisation you have the authority to bind that company or organisation. We recommend that you print a copy of the User Agreement or save a copy of it locally.

PERSONAL INFORMATION

We will handle any personal information that you submit to us when you become a Registered User in accordance with our Privacy Policy.

When you register with us you will be given a user name and password ("Login Details"). You agree to keep your Login Details confidential and not share them with any third party. If you think anyone has become aware of your Login Details you should contact us immediately on mail@mobilyse.com. When you become a Registered User you will also be required to supply us with an email address. We will use your email address to send you information you request and also to update you in respect of the Services and to send you reminders from time to time and to send your information regarding third parties. We may also send you alerts from time to time as part of the Service - you may request us to stop sending all or some of these communications by emailing mail@mobilyse.com

YOUR MOBILE ACCOUNT REGISTRATION INFORMATION

In order to fully use our Services you will be asked to provide your online log in information for the account that you have with your mobile service provider ("MSP"). You do not have to provide such information unless you wish to however the services that you will be able to receive from us will be limited if you do not supply such information. The information we will require is your user name and password together with any other security information that you are required to input in order to gain access to your online account with your MSP ("Account Details").

You warrant to us that:

  • the information you provide us in respect of the Account Details relates to you and no other person, company or organisation;
  • you are entitled to provide the Account Details to us and we shall have no liability to you, the MSP or any third party as a result of the provision of the Account Details to us;
  • our use of the Account Details in order to provide you with the Services will not result in any breach of contract between you and the MSP or result in us incurring any liability to the MSP or any other third party (including any liability to pay fees to such persons);
  • you will keep the information that you provide to us up to date.

You further undertake to us to indemnify us forthwith on demand against any liability, costs, damages or expenses (including legal expenses) that we incur as a result of any breach by you of any of the foregoing warranties. You agree that such an indemnity is reasonable in the context of the Services which are provided to you at no cost.

YOUR OBLIGATIONS

Your use of our Services as a Registered User is personal to you and may not be transferred by you to any other person, company or organisation. You undertake to us that you will only use our Services for lawful purposes and for your own personal benefit. You will not attempt to sell or resell our Services for your own benefit or the benefit of any other person and in the event you do so or attempt to do so will hold any profits that you make from such sale or attempted sale on trust for us absolutely.

OUR RIGHTS

You agree that we may use the Account Details in order to provide you with the Service and you expressly authorise us to:

  • use the Account Details in this way;
  • access your account to which the Account Details relate ("Account") and collect such information as is available in that account for purposes of providing the Services to you;
  • as your agent to the use of the Account Details and access your Account.

RECOMMENDATIONS AND LIMITATION OF LIABILITY

You acknowledge that the recommendations provided to you by the Service are dependent on the accuracy of the information provided to us by you and the information that we are able to obtain from your Account. We do not separately verify the information provided by you or obtained from your account and therefore any recommendation that may be provided to you may not be accurate or appropriate for your needs and may well be altered by the provision of further or more complete information. We make no representation or warranty as to the accuracy or suitablility of any recommendation given to you. By necessity the recommendation is based on your historic use of your mobile device and your previous billing history and therefore may not be suitable or appropriate for your future or intended use.

We shall not in any event be liable to you or any third party whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, liquidated or punitive damages, including but not limited to loss of profit, loss of data, loss of revenue or business, arising in whole or in part from your use of the Services or reliance on any recommendation, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatever and regardless of the form of the action (other than death, personal injury or damage to property resulting from our negligence), is limited to £100. Nothing in the User Agreement excludes or shall be read as purporting to exclude any liability which may not be excluded by applicable law. You agree that in the context of a service that is provided to you free of charge the limitations on liability set out in this User Agreement are reasonable in the circumstances and represent a fair allocation of risk.

TERMINATION

We may terminate this User Agreement at any time by notice to you by email.

You may terminate this User Agreement at any time by notice to us at mail@mobilyse.com. The Website Terms and Conditions shall be deemed incorporated into this User Agreement to the extent they do not conflict with this User Agreement.