Terms and conditions

Find Your Child Terms and Conditions.
Find Your Child is a Service delivered by Creativity Software Ltd.

This User Agreement describes the terms and conditions applicable to your use of our Services at http://www.findyourchild.net.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a Registered User of Find Your Child. We also recommend that you read our Privacy Policy – at www.findyourchild.net.
You have purchased – or have the opportunity of purchasing – a Registration Pack from a retail outlet or online. In both cases, we will open an account in your name and apply the value of your pack as credits on that account. We will connect you to the Services as soon as we can.
Unless we otherwise agree, we will provide you with the Service for a minimum period of 12 months. The period starts from when we first make the Services available to you following your completion of the registration.
You may not transfer or try to transfer any of your rights and responsibilities under this agreement. We may transfer any of ours without your permission, provided the level of Service you currently experience is not reduced as a result.
We will send notices to your email or billing address. You must contact us immediately if there are any changes to that address. Notices from you to us must be sent to: Customer Service, Creativity Software Ltd, 12 – 50 Kingsgate Rd, Kingston Upon Thames, Surrey, KT2 5AA..
This agreement shall not confer any benefit on a Third Party under The Contracts (Rights of Third Parties) Act 1999.1

1. THE SERVICE
The Service is delivered across the four main telecommunication networks in the UK only – Vodafone, T Mobile, O2 and Orange – together with any other telecommunications network through which the Service can be accessed from time to time as detailed on our website
By agreeing to register for the Service you agree that the Network Operators may provide the location of a locatable mobile phone (3rd Party) to Creativity Software Ltd whenever Creativity Software Ltd receives a request from you and that where the user of that mobile phone has given consent, Creativity Software Ltd may then provide that location to you.
The accuracy of the location delivered will vary, depending on the accuracy available from the network operators. In some urban areas the degree of accuracy can be within 100 metres, whilst in rural areas the accuracy may only be to 15km. Where there is no mobile mast coverage, the location cannot be determined. We can therefore not warrant the accuracy of any location delivered by the Service.
The Service is not in place to offer unauthorised covert location Services. All parties located using the Creativity Software Ltd server will be required to give their consent to passive location of their mobile phone. Creativity Software Ltd will not knowingly allow its 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 warrant that where unauthorised locations are requested and upon investigation such allegations of intrusiveness are deemed likely then Creativity Software Ltd reserves the right to remove that 3rd party or Registered User from the Service, and/or prohibit the user from making further location requests. You accept sole responsibility for the legality of your actions under laws applying to you.
Creativity Software Ltd shall contact all 3rd Parties directly by SMS to obtain their Consent to be Located. Creativity Software Ltd cannot be held liable for any failure by 3rd Parties to provide valid Consent. Creativity Software Ltd will contact each 3rd Party by SMS text message throughout the duration of the Subscription to advise that they may be located by you. 3rd Parties will be given the option to opt out of the Service at any time by contacting Creativity Software Ltd. Creativity Software Ltd shall comply with all requests submitted by 3rd Parties to withdraw from the Service and shall notify You of such withdrawal.

2. GENERAL TERMS
In consideration of payment by you of the Charges detailed below, Creativity Software Ltd agrees to provide the Service subject to these terms and conditions.
You must be 18 years old or over to register for this Service.
You agree to comply with the terms of this User Agreement at all times in relation to your use of the Service.
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 have no right to disclose or transfer your User ID and password to any other person, without our formal written consent. To do so will be deemed a breach of the User Agreement and Creativity Software 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 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 indemnify both Creativity Software Ltd and the relevant Network Provider without limitation.
You agree that the Service will not be available until and unless the user of a mobile phone that you wish to locate has given their express consent to their mobile phone being located by you.
You may not use the Service to provide mobile phone location verification or similar Services to any third party.
Following your registration Creativity Software Ltd will acknowledge your unique User ID and password and will open an account in your name.
Creativity Software Ltd 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.
Creativity Software Ltd will operate a complaints handling Service for the benefit of users, and shall deal with all complaints raised by such users promptly.
Creativity Software Ltd will use all reasonable endeavours to prevent Inappropriate Use of the Service.
Creativity Software Ltd reserves the right to withhold the Location of a mobile phone in response to a request from a 3rd Party and shall not be held responsible for any impact this may have on the Service.
The Service is made available provided:
(i) it is not used for anything unlawful, immoral or improper;
(ii) it is not used to make offensive or nuisance communications in whatever form
(iII) it is not used to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy, or otherwise unlawful;
(iv) it is not used to access or use content in a way that infringes the rights of others;
(v) it is not used otherwise than in accordance with any connected networks’ policies for acceptable use, and (if appropriate) any relevant internet standards;
(vi) you give us information we reasonably ask for;
(vii) all reasonable instructions we give you are followed; and
We reserve the right to suspend, amend or withdraw part or all of the additional Services on giving reasonable notice. Charges for and any special terms over and above these terms and conditions attached to additional Services will be notified on our website – www.findyourchild.net

3. CHARGES
Our Charges policy forms part of this Agreement and the list of Charges is maintained on the website www.findyourchild.net. 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 www.findyourchild.net (or such later date as we may notify). Unless otherwise stated, all amounts payable are in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction.
Your access to the Service is conditional upon your maintaining credit on your account at all times. Creativity Software Ltd reserves the right to refuse without penalty or liability to respond to any Location or other transaction Request issued by you when the credit on your account is zero. We reserve the right to raise this minimum credit level above zero.

You shall purchase credit for each transaction that you wish to undertake using the Service. Credit shall be purchased by credit or debit card via the Website or via any retailer as nominated by Creativity Software Ltd.

4. DATA PROTECTION
Creativity Software Ltd 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, Creativity Software Ltd 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.
Creativity Software Ltd meets the criteria laid down by the “Draft Industry Guidelines for the Use of Mobile Phone Technology to provide Passive Location Services”.
Creativity Software Ltd 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 Creativity Software Ltd.

5. LOCATING CHILDREN UNDER 16 YEARS OF AGE
You must provide details of the age of a 3rd Party when the 3rd Party 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 Registered Users registered for the same 3rd Party when that 3rd Party is a child under 16 years of age.

6. DISCLAIMER
We will use our best endeavours to make the Service available to you at all times but we cannot warrant to provide such Service where we are reliant upon the provision of services by Third Parties such as Network Operators.
We will not be liable to you or any other party for any action you take in reliance upon the accuracy, completeness or continuous supply of the Service.
We are only liable to you as set out in this agreement. We have no other duty or liability to you.
Our total liability to you for something we or anyone who works for us does or does not do will be limited to £100.
If you did not enter this agreement as a consumer, we are not liable to you in any way for any loss of income; business; anticipated savings or profits; any loss of property or loss of use of property; or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement.
If you entered this agreement as a consumer, we are not liable to you in any way for any loss of income; business or profits; or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement.
You must tell us about any claim as soon as reasonably possible.
We will not be liable to you if we cannot carry out our duties or provide Services because of something beyond our control.
We may suspend or disconnect the Services in general or deny Service to a user without warning if:
(i) the network breaks down or needs maintenance. We will try to make sure this does not happen often; or
(ii) you or anyone who uses your Userid/Password card does not keep to the conditions of this agreement or any other agreement with us; or
(iii) you or anyone who uses your Userid/Password damages the network or puts the network at risk, or abuses or threatens our staff

7. TERMINATION
You can cancel this agreement by notifying Customer Services you want to terminate. We can cancel this agreement immediately by writing to you if any of the following happen:
(i) you break an important condition of this agreement or a number of less important conditions;
(ii) you break a less important condition of this agreement and do not put it right within 7 days of us asking you to;
(iii) any licence to run the network is ended;
(iv) any information you give to us is not true at the time you give it.
The Service will be terminated 12 months after commencement unless the annual registration fee is renewed.

8. INTELLECTUAL PROPERTY RIGHTS
Any and all patents, copyright, trade marks, rights in designs, know-how, ideas, concepts and technology (in each case whether or not registered and existing in any part of the world) in or arising from the Service and/or the Service Description and/or the Website and/or Creativity Software Ltd’s published specifications and/or literature and/or the Goods belong to Creativity Software Ltd and You have no right to the same.9 JURISDICTION
English Law will apply to this agreement and any disputes will be settled in the Courts of the England.
If a clause or condition of this agreement is found not to be legally effective the remainder of this agreement shall remain effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.This Version March 2004

See also:
Privacy Policy
Your Rights