We agree to provide our Services to you on the following terms. These constitute a contract between us and you and must be read together with any other documents explicitly agreed to be part of this contract. Any other terms contained in any other document are excluded unless their inclusion is expressly agreed in writing.
In these terms 'we' and 'us' shall mean Mobicode Ltd a company incorporated in England and Wales whose registered address is Pentax House Suite 407, South Hill Avenue, South Harrow, Middlesex HA2 0DU with company number 07751351.
The following terms shall apply to these terms and conditions:
Confidential Information: the information contained in the Database, information concerning the Database and the System, other business information relevant thereto, information relating to the services, customers, business, revenue and systems of either party and any other information which is described as confidential
Data: the data that we provide to you as part of the Services
Database: the database comprising of the Data
Intellectual Property: all vested contingent and future intellectual property rights including but not limited to copyright, trade-marks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up, database rights and any applications for the protection or registration of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created
Services: the services that you have ordered from us and we have agreed to provide
System: the system and any supporting software or programs through which the Database is accessed
We grant you a non-exclusive, non-transferrable, revocable licence to access, view and use the Data only for the purposes of accessing, storing and using the Data.
The licence granted is subject to the following terms and conditions:
(a) you may not store the Data on a server or any other form of networked storage device which is accessible by multiple users;
(b) you are the sole end user for the information derived from the Data;
(c) you shall not make the Data available for shared access;
(d) the Data or the Services may not be re-sold and you shall not commercially reproduce or redistribute data through any media, commercial network, cable or satellite system;
(e) you shall not use the Data or Services in any way that may be considered injurious or detrimental to us or our licensors or bring them or us into disrepute or which may in any fashion infringe or otherwise prejudice our proprietary rights or of the Data Provider;
(f) not make any additions, corrections or other alterations of any kind whatsoever to the Database, the System or the Data itself;
(g) you shall not use the Data or Services for any purpose which is contrary to any law or regulations;
(h) access, requesting data or retrieving data from our website is not permitted by any form when executed by a program or script, accept where granted access to the websites APIs. Any automated interactions to the main portal (other than those carried out by scripts provided by us) are strictly prohibited and will result in suspension of any Service or account.
If 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. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
We may use your personal information to:
(a) Provide our Services to you.
(b) Process your payment for the Services.
(c) Inform you of new products and services available from us or selected partners. You may request that we stop sending you this information at any time.
(d) In certain circumstances (if, for example, you wish to pay for the Services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
You here by grant us permission to share any data sent by you in connection with these terms and conditions with the Police or other law enforcement authorities worldwide for the purpose of the prevention and detection of crime, arrest and prosecution of offenders or for the recovery of stolen property and those who own the goods which are the subject matter of either the Services or any search by you.
Payment for chargeable services must be made at the time of purchase to Mobicode Ltd by PayPal or such other methods of payment as agreed.
This clause only applies if you are "consumer" which means an individual acting for purposes that are wholly or mainly outside your trade, business or profession.
If you are a consumer we must inform you of a statutory right to cancel your contract with us. You can cancel this contract without giving any reason. The time limit for such cancellation expires after 14 days from the making of this contract. To cancel, you must inform us of your decision in writing. If you cancel, where you have made a payment to us in advance, we will refund such payment to you promptly, less any charges and expenses due to us as a result of your requesting us to start work without delay.
Either party may terminate these terms and conditions immediately to the other if the other commits any material breach of these terms remedied.
We may terminate these terms and conditions if you go into bankruptcy or liquidation either voluntary or compulsory (or the equivalent in any other jurisdiction) or if a receiver is appointed in respect of the whole or any part of your assets.
In the event of termination or expiry of these terms and conditions you must permanently delete all Data transferred and stored on all your devices and any and all additional copies made for any purpose under these terms and conditions. You must take such action no later than 7days following the date of expiry or termination
Unless otherwise expressly indicated, all Intellectual Property rights subsisting in the System, the Database, the Data and any other related materials are our property.
In the absence of our express written permission to the contrary, you shall not use the System, the Database or the Data in any manner which is inconsistent with the provisions of the Copyright Designs and Patents Act 1988, the Trade Marks Act 1994 or any other Intellectual Property legislation applicable.
The Database is compiled, updated and amended using multiple data sources (“the Data Providers”).We own the Intellectual Property rights in the contents of the Database only to the extent that those Intellectual Property rights are not owned by Data Providers.
We have invested and shall continue to invest substantial time and resources in the selection and arrangement of the Database and in the obtaining, verification and presentation of its contents. The Database is an original intellectual creation. We, therefore, own the copyright in the selection and arrangement of the contents of the Database and in the additional materials and software required for its operation. Such ownership shall be without prejudice to the rights of any Data Providers which may subsist in the contents of the Database.
Unless it is expressly authorised to do so by us in writing, you may not reproduce, adapt, translate, arrange, redistribute or otherwise make any part of the Database or its contents to any third party, either directly or indirectly.
You may not extract, or re-utilise the contents of the Database for any commercial purposes including, but not limited to, the resale or redistribution of the Data.
In the event that you breach these terms and conditions, both civil and criminal penalties may be incurred and you shall fully indemnify us against any and all damage, loss, costs and expenses which may result from any such infringement.
Whilst the Data is accurate to the best of our knowledge and is given to you by us in good faith, because we rely on third party sources we cannot warrant the accuracy of the Data. This may occur, for example, where a mobile phone handset is reported lost or stolen and may not appear on our Database for a number of days. Any decision that you make based on the Data shall be entirely at your own risk and we shall not be liable in any way for decisions made by you.
Whilst every reasonable effort is made to keep the Data accurate, no warranty or representation of any kind, either express or implied, is made in relation to the accuracy, completeness or content of the information.
The Data may be delayed from time to time.
If you become aware of any misuse of any Data or any security breach that could compromise the security or integrity of the Data you shall promptly notify us and fully cooperate with us to remedy the issue as soon as reasonably practicable.
We shall not be liable for, and shall not indemnify you against any costs, liability, damages, loss, expenses, claims or proceedings in respect of any injury or damage whatsoever incurred either directly or indirectly unless otherwise required by law.
You shall be liable for, and shall indemnify us against any costs, liability, damages, loss, expenses, claims or proceedings in respect of any injury or damage whatsoever incurred either directly or indirectly as a result of:
(a) breach by you of any of the provisions of these terms and conditions; or
(b) use by you (whether in accordance with these terms and conditions or otherwise) of the System, the Database, or the Data.
Our total liability under these terms and conditions shall be limited to the total of the fees paid by you over the last 12 month period.
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.
All notices under these terms and conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
(b) when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
(c) on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
(d) on the tenth business day following mailing, if mailed by airmail, postage prepaid.
All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other party in writing.
Each party shall keep secret and treat as confidential all information obtained from the other which is either stated to be confidential or could reasonably be regarded as confidential. These confidentiality obligations extend to and include the terms of this agreement. This clause shall not extend to information which was already in the lawful possession of a party prior to these terms and conditions or which is already public knowledge or becomes so subsequently (other than as a result of a breach of this clause) or which is trivial or obvious. The obligations of confidentiality under this clause shall survive any termination of these terms and conditions.
Third Party Rights
A person who is not a party to these terms and conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
Communication and Contact Details
If you wish to contact us, you may do so by telephone at +44 (0) 843 4597710 or by email at Pentax House, Suite 407, South Hill Avenue, South Harrow, Harrow, Middlesex HA2 0DU.
In certain circumstances you must contact us in writing (for example when exercising your right to cancel the Services). When contacting us in writing you may use the following methods:
(a) Contact us by email at firstname.lastname@example.org or
(b) Contact us by pre-paid post at Mobicode Ltd Pentax House, Suite 407, South Hill Avenue, South Harrow, Harrow, Middlesex HA2 0DU.
In the event that one or more of the provisions of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions shall be valid and enforceable.
The parties shall attempt in good faith to negotiate a settlement if any dispute arises out of these terms and conditions. If the matter is not resolved by negotiation, the parties shall refer it to mediation in accordance with the Centre for Effective Dispute Resolution ("CEDR") Model Mediation Procedure. Unless otherwise agreed, the mediator shall be appointed by CEDR. If the parties fail to agree terms of settlement within 14 days of the start of the first meeting held under such procedure, the dispute may be referred to litigation by either party.
We may assign, transfer, sub-contract, or in any other manner make over to any third party the benefit and/or burden of these terms and conditions.
Changes to these Terms and Conditions
We may alter these terms and conditions at any time and any such changes shall be updated and presented for approval via your personal web-login at which time the amended terms and conditions shall become binding on you.
Law and Jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, the laws of England and Wales. Any dispute, controversy, proceedings or claim relating to these terms and conditions shall fall within the jurisdiction of the courts of England and Wales. i