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Terms User Agreement
Welcome to the User Agreement for Absolute Services Group Ltd and its subsidiary SOLO ALERT Limited ('SOLO ALERT'). This Agreement describes the terms and conditions applicable to your use of our services at http://www.verify&locate.com. 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 "SOLO ALERT". 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 SOLO ALERT Registered User. Please note: underlined words and phrases are click-through links to these pages and websites.

By agreeing to this User Agreement, you also agree that your use of other SOLO ALERT Ltd web sites will be governed by the terms and conditions posted on those web sites. This Agreement was last amended on 22 January 2006. We may amend this Agreement at any time by giving you notice by e-mail or by posting the amended Agreement on our site. 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 notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by SOLO ALERT Ltd. (Absolute Services Ltd)

1. Our rights.
Our location services are not available to persons who are temporarily or indefinitely suspended former SOLO ALERT Ltd Registered Users. If you do not qualify, please do not use our services.

2. 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 Personal 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 SOLO ALERT Ltd 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 SOLO ALERT Ltd and the relevant Network Provider without limitation.

3. SOLO ALERT Ltd is only an authorised Location Service
3.1 The "SOLO ALERT" location service is not in place to offer unauthorised covert location services. All parties located using the SOLO ALERT server will be required to give their consent to passive location of their mobile phone. SOLO ALERT 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 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 SOLO ALERT reserves the right to remove that 3rd party or Registered User from the SOLO ALERT 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

3.2 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 SOLO ALERT (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.

3.3 Information Control. We do not control the information provided by other users, which is made available through our system.

3.4 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.

3.5 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 SOLO ALERT 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 SOLO ALERT in accordance with the provisions of the Data Protection Act 1988. You also acknowledge that SOLO ALERT will deliver location information collated together with information regarding the Registered User, you 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 SOLO ALERT web site. f) You can contact us for help or technical support by using the current contact numbers on the SOLO ALERT 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. e) Please note that the location of your mobile phone will not be available to other Users of the SOLO ALERT location service without your formal consent. f) Where a Registered User seeks consent to locate 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 Personal User 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 SOLO ALERT service.

4. Fees.
Our Fees and Credits Policy forms part of this Agreement. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board (or such later date as we may notify). Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our website and all applicable taxes. User agrees to have any defaulted payments / unpaid fee’s deducted from the users registered credit card account after 7 days of non payment without further notice. Refunds are subject to goods being returned unused and in original packaging within 7 days of placing order, Delivery cost and location credits used cannot be refunded. There is a 10% admin cost to the refund process.

5. Your Information.
5.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the SOLO ALERT service including the registration. You are solely responsible for Your Information.

5.2 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.

5.3 Licence To enable SOLO ALERT 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.

6. 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 SOLO ALERT 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 SOLO ALERT or the relevant SOLO ALERT user.

7. Breach.
Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you 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.

8. Privacy.
Please note that your Information will be stored and processed on our computers in the UK. SOLO ALERT will never sell or rent your personal information to third parties except as described in the Privacy Policy and will not in any circumstances to information regarding your location to 3rd partiers unless pursuant to a court order or request from law enforcement agency. 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.

9. Accuracy
The accuracy of the SOLO ALERT 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 SOLO ALERT in accordance with the contact details provided in the current SOLO ALERT website. CLEARLY, WHERE THERE IS NO MOBILE PHONE MAST COVERAGE, THEN LOCATION CANNOT BE DETERMINED BY THE SOLO ALERT SERVER. WE ARE THEREFORE UNABLE TO WARRANT THE ACCURACY OF A LOCATION GIVEN

9.1 The GPS Locator Depending on conditions, the mapped location provided by the GPS Locator is typically accurate within 5-50 meters.

10. No Warranty.
The SAZO locator System is an advanced electro/mechanical and computing device. No device is foolproof, however, and all such devices are subject to failure. The SAZO personal locator system is therefore only an aid to help keep track of individuals/assets. SOLO ALERT does not guarantee that any aspect of the SAZO personal locator system will not fail or will always operate as intended or expected. We do 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.

11. 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.

We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment

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) £100.

12. 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.

13. Termination
SOLO ALERT Ltd 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, SOLO ALERT Ltd reserves the right to terminate this Agreement with 30 days notice

14. Notices.
Unless otherwise explicitly stated, notices to SOLO ALERT 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 SOLO ALERT 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.

15. 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 and your bidding on, listing, purchase, solicitation of offers to purchase and sale of items. 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.

16. Dispute Resolution.
Disputes between you and SOLO ALERT Ltd regarding our services may be reported to SOLO ALERT Customer Support 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 SOLO ALERT. 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.

17. 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.

18. 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 SOLO ALERT Ltd, in our sole discretion, to a third party in the event of a merger or acquisition. You and SOLO ALERT are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-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 by posting the changes on the Announcement Board and except for the Privacy Policy for which we will provide you with thirty days notice, changes to the other policies shall be effective immediately.

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.verifyandlocate.co.uk and www.soloalert.co.uk are offered by SOLO ALERT subsidiary of Absolute Services Group Ltd.

 
 
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