This Agreement describes the Terms and Conditions applicable to your use of our services (LocateMy Communications Group Pty Ltd). If you do not
agree to be bound by this Agreement, you may not use or access our services. LocateMy Communications Group Pty Ltd services are only to be used
for business purposes only, using LocateMy Communications Group Pty Ltd Services for any other purposes including but not limited to locating
persons under 18 years of age is strictly forbidden.
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 set out below and those incorporated by reference, before
you may become a Registered User of LocateMy Communications Group Pty Ltd. 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 LocateMy Communications Group Pty Ltd Registered User.
By agreeing to this User Agreement, you also agree that your use of other LocateMy Communications Group Pty Ltd web sites will be governed by the
terms and conditions posted on those web sites. We may amend this Agreement for time to time and 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 7 days following the date of posting on the LocateMy Communications Group Pty Ltd website.
LocateMy Communications Group Pty Ltd's rights
Our location services are not available to persons who are temporarily or indefinitely suspended former LocateMy Communications Group Pty Ltd
Registered Users. If you do not qualify, please do not use our services.
Copyright
All web site design, text, graphics, and the selection and arrangement thereof are the copyrighted works of
LocateMy Communications Group Pty Ltd. 2006. All rights reserved.
Site use and content
You may view, copy or print pages from this site solely for business purposes. You may not otherwise use, modify, copy,
print, display, distribute or publish any information from this site without the express permission of LocateMy Communications Group Pty Ltd.
At any time LocateMy Communications Group Pty Ltd may without notice make changes to this site or to the services or products described in this site.
User ID
You will be assigned a User ID and password of your choice 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 online Registered User, (either board director, compliancy officer or Business 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 LocateMy Communications Group Pty 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
LocateMy Communications Group Pty Ltd and the relevant Network Provider without limitation.
LocateMy Communications Group Pty Ltd is a Location Service only
The LocateMy Communications Group Pty Ltd location service is not in place to offer unauthorised covert location services. All parties located using
the LocateMy Communications Group Pty Ltd server will be required to obtain consent from the person that they wish to locate by way of their mobile
phone. It will be the Registered Users responsibility to use the LocateMy Communications Group Pty Ltd service within the law including all relevant
privacy and data protection legislation. Business users will be responsible for managing the process of the location data
and distributing information to their employees or associates about how the service operates. LocateMy Communications Group Pty Ltd 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 neither the location requests made,
nor the truth or accuracy of the registrations made, although we take steps to validate our Registered User’s identity.
However, we do warranty that were unauthorised locations are requested and upon investigation, such allegations of
intrusiveness are deemed likely, then LocateMy Communications Group Pty Ltd reserves the right to remove that 3rd party or Registered User from the
LocateMy Communications Group Pty Ltd 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.
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 LocateMy Communications Group Pty Ltd
(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.
Information Control
We do not control the information provided by other users, which is made available through our system.
In registering for this service you consent and understand that: -
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Your location will be used in the delivery of the location service.
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You acknowledge that LocateMy Communications Group Pty Ltd 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 LocateMy Communications Group Pty Ltd. You also acknowledge that LocateMy Communications Group Pty Ltd will deliver location information collated
together with information regarding the Registered User, and will include you, as set out in this Agreement.
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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.
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Location will be issued when your location is requested.
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You are able to terminate the service immediately and de-register by using the LocateMy Communications Group Pty Ltd web site.
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You can contact us for help or technical support by using the current contact numbers on the LocateMy Communications Group Pty Ltd website
for more information regarding your ability to restrict passive location requests.
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Where a Registered User seeks consent to locate a 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 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 LocateMy Communications Group Pty Ltd service.
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LocateMy Communications Group Pty Ltd reserves the right to release any data held regarding a registered user to the mobile network provider,
police, law enforcement agency, or to Solicitors or Barristers pursuant to an action likely of being taken where
it is reasonable to believe that the registered user and used the LocateMy Communications Group Pty Ltd to track a 3rd Parties mobile phone
without their knowledge.
Purchasing Service Credits Online
The User agrees to purchase the services ordered on the various order screens when a user clicks on the "SUBMIT" or
similar button on the product or service order screens. The terms of the purchase agreement include the information
included on the various order screens and the terms of this section. Such agreement is in addition to and not in lieu
of the agreement with a user formed by their use of the Internet site.
Service Availability
To the best of its ability, LocateMy Communications Group Pty Ltd provides service availability information on this Internet site, although some
services may at certain times be unavailable. In addition, LocateMy Communications Group Pty Ltd updates and improves its services on a continuous
basis. LocateMy Communications Group Pty Ltd will use its best endeavours to inform you if any LocateMy Communications Group Pty Ltd services ordered are unavailable or if any
service that you ordered has been changed or modified.
Charging Your Credit Card
LocateMy Communications Group Pty Ltd charges your credit card immediately after it receives your order. If your credit card is rejected when
LocateMy Communications Group Pty Ltd processes it, LocateMy Communications Group Pty Ltd may restrict all services to your account/user ID. LocateMy Communications Group Pty Ltd may contact you by
e-mail or any other reasonable means to advise you of the situation. LocateMy Communications Group Pty Ltd may use e-mail to inform you of such
changes. After making payment to LocateMy Communications Group Pty Ltd, an invoice may be sent by email. If you are a credit card customer please
be sure to print and keep a copy of your receipt.
Prices and GST
All prices are stated and payable in Australian Dollars. The prices for products and services quoted on this Internet
site include goods and services tax (GST). LocateMy Communications Group Pty Ltd will not accept responsibility for charges that may be imposed by
your wireless carrier when sending and receiving text messages that may arise in connection with your using the
LocateMy Communications Group Pty Ltd website. Please note that text messages are typically included as a feature of your wireless process.
LocateMy Communications Group Pty Ltd may be charged by the Mobile Network Providers for all unsuccessful location requests made by you,
whilst using our service, whatever the reason for the failure. On that basis, LocateMy Communications Group Pty Ltd may also make a charge to you
for unsuccessful location requests and each request, whether unsuccessful, or not.
Refunds
LocateMy Communications Group Pty Ltd is not liable nor can we refund any charges for a wireless service billed to you by your wireless carrier or
credit card company’s. All other refund requests will not be considered and are void after 7 days from purchase.
LocateMy Communications Group Pty Ltd reserves the right to withhold an appropriate refund fee for every refund, equal to or less than the actual
occurred cost, with the minimum fee being $15.00. Should you change your user ID, purchased credits can be transferred
to your new account only once and only if remaining credits exceed 10. Any amount of credits less than 10 cannot be
transferred due to administration costs incurred by LocateMy Communications Group Pty Ltd. In the case that you change your mobile network carrier
to a carrier which is not compatible with the LocateMy Communications Group Pty Ltd service, or if your mobile network carrier makes changes
preventing its Users from benefiting from the LocateMy Communications Group Pty Ltd services, then LocateMy Communications Group Pty Ltd will not be liable nor can we refund
any remaining credits or past purchases. This policy and the LocateMy Communications Group Pty Ltd Privacy Policy are subject to change at any time
and may not apply to certain services. You have the right to cancel your registration with us using the website or
contact details set out in our website contacts page using either fax or e-mail. LocateMy Communications Group Pty Ltd will then use its best
endeavours to cancel your service immediately upon receipt. Please note that LocateMy Communications Group Pty Ltd’ normal hours of work are
9am to 5pm Monday to Friday. Pending cancellation, you as a User can bar location by turning off the mobile phone.
It will be your responsibility to amend the security settings on your mobile phone, where applicable, to bar other
companies from seeking location of your mobile phone.
Your Information
Definition "Your Information" is defined as any information you provide to us or other users in relation to the
LocateMy Communications Group Pty Ltd service including the registration. You are solely responsible for Your Information.
Restrictions
Your Information and your activities on our Site must not:
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be false, inaccurate or misleading;
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be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
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infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
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be fraudulent;
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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;
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create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
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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;
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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.
Licence To enable LocateMy Communications Group Pty Ltd 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.
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 LocateMy Communications Group Pty Ltd 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 LocateMy Communications Group Pty Ltd or the relevant LocateMy Communications Group Pty Ltd user.
Breach
Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and
refuse to provide our services 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.
Privacy
Please note that your Information will be stored and processed on our computers in the Australia. LocateMy Communications Group Pty Ltd will never sell
or rent your personal information to third parties except as described in the Privacy Policy and will not in any
circumstances disclose information unless pursuant to a court order, request from law enforcement agency or a formal
request from a registered legal practice pursuant to legal action or potential commencement of legal action.
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.
Accuracy
The accuracy of the LocateMy Communications Group Pty Ltd 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 LocateMy Communications Group Pty Ltd in accordance with
the contact details provided in the current LocateMy Communications Group Pty Ltd website. Clearly, where there is no mobile phone mast coverage,
then location cannot be determined by the LocateMy server. We are therefore unable to warrant the accuracy of a
location given. LocateMy Communications Group Pty Ltd is solely available for location services within Australian metropolitan areas, and cannot
provide location for devices outside of these jurisdictions. LocateMy Communications Group Pty Ltd also does not permit access to location using
the web porthole outside of Australia, and where persons do so in breach of other territorial laws and statutes of
that jurisdiction, then they do so entirely at their own risk.
No Warranty
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.
Force Majeure
We are not liable for; any delay in installing any Service; any delay in correcting any fault in any Service; failure
or incorrect operation of any Service; or any other delay or default in performance under this Agreement,
if it is caused by any event reasonably beyond our control, including but not limited to war, accident, act of God,
industrial action, embargo, delay or failure or default by any other Supplier.
Limit of Liability
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. We also have no liability
of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications or
other 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) AU$150.00.
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.
Termination
LocateMy Communications Group Pty Ltd reserves the right to terminate this Agreement without notice upon breach of the Agreement or the
Privacy Policy by the Registered User. In addition, LocateMy Communications Group Pty Ltd reserves the right to terminate this Agreement
with 30 days notice.
Notices
Unless otherwise explicitly stated, notices to LocateMy Communications Group Pty Ltd must be sent by registered mail to our Australian Registered
Office and notices to you will be sent to the email address that you provide to LocateMy Communications Group Pty Ltd 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.
Governing Law and Legal Compliance
This Agreement shall be governed by the laws of the state of Queensland and subject to the non-exclusive jurisdiction of
the Brisbane courts (or any other jurisdiction that LocateMy Communications Group Pty Ltd may choose from time to time). 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. There is no practical way for us to continually monitor the laws of
every state, or each user transaction.
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 LocateMy Communications Group Pty Ltd, in our sole discretion, to a third party in the event of a merger or acquisition.
You and LocateMy Communications Group Pty Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer or
franchisor-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 such changes shall be
immediately effective for all new registered users on the day of posting on website and effective after seven (7) days
from the date of posting form existing users.
Prices and GST, Your Information, Access and Interference, Limit of Liability, Indemnity and Governing Law sections
to this Agreement shall survive any termination of this Agreement.