Locatio.me Terms of Service

1. Terms & Conditions

Please read carefully the following Terms and Conditions of service.
By clicking on the ‘Sign Up!’ button you agree and acknowledge that upon our acceptance your order or contract you will be bound by the terms of the Agreement and these Terms and Conditions.
Please note that these Terms and Conditions, may be amended from time to time as referred to below, apply in place of and supersede any Terms and Conditions with an earlier issue date and apply to the exclusion of any earlier agreement or understanding between the parties in relation to the same subject matter to which they relate.
We will notify you (which may include email notification and instructions on accessing revised Terms and Conditions on our client area of our website) when we at any time amend these Terms and Conditions. The latest changes and additions to our Terms and Conditions can be found at http://www.locatio.me/register/terms.
In the event that any part of the Agreement (including but not limited to the Service Order, Service Contract or Specification) conflicts with these Terms & Conditions as amended from time to time, these Terms & Conditions, as amended from time to time, shall prevail.

2. Client / User Obligations

You acknowledge and agree that, in the provision of our Services, Locatio.me is only providing a mechanism for you to operate our Services and that Locatio.me is not in any way authorizing any further actions taken from your side.

2.1

The Client shall at all times throughout the term of the Agreement comply with Locatio.me’s reasonable directions issued from time to time regarding or relating to the Services.

2.2

The Client shall not cause, or knowingly or recklessly allow others to cause, any nuisance, annoyance or inconvenience, whether to Locatio.me, or any other associated parties, by any means including without limitation the sending of any unsolicited communications. Also, the Client shall not take any actions which are likely to bring Locatio.me (at its reasonable discretion) into disrepute.

2.3

The Client shall not at any time take any actions where the provision of which is or may be a criminal offense or which infringes or may infringe any third party intellectual property rights or is or may otherwise be unlawful under or by virtue of any rule of common or equitable law or under any enactment for the time being and from time to time in force or involves a wrong actionable at the suit of any person and the Client will immediately cease to provide, at Locatio.me’s expressed oral or written request, any Content which Locatio.me reasonably considers may have been provided in breach of these Terms and Conditions.

2.4

The Client shall not at any time assign, transfer or sub-contract the Agreement or any of its rights or obligations under these Terms and Conditions or any part thereof to any other person without the prior written consent of Locatio.me.

2.5

The Client shall ensure that no person other than the Client gains access to the Client’s accounts for the Services.

2.6

The Client shall promptly upon request provide to all regulatory bodies or authorized government agencies such information or material relating to any activity related to the Clients use of our services that the regulatory body may request (whether from either Locatio.me or the Client) in order to carry out any investigation in connection with (i) such Service; or (ii) the Client’s relationship with any other entity with whom it may contract in relation to such Services. The Client acknowledges that Locatio.me may charge an administration fee, currently 150 EUR per hour, for correspondence and other communications and administration time expended in dealing with each regulatory body regarding such requests.

2.7

Without prejudice to Locatio.me’s rights under these Terms and Conditions the parties hereby expressly agree that any breach of the provisions of this Clause 3 shall entitle Locatio.me to suspend access to the Services and/or to cease to provide the Services in whole or in part at any time and without notice and Locatio.me reserves the right to regard any breach of the provisions of these Terms and Conditions.

2.8

The Client shall be liable to pay Locatio.me, on demand, all reasonable costs, charges or losses sustained or incurred by Locatio.me (including direct, indirect or consequential losses, loss of profit and loss of reputation and those arising from injury to death of any person and loss of opportunity to deploy resources elsewhere) that arise directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Agreement, subject to Locatio.me confirming such costs, charges and losses to the Client in writing.

2.9

Client hereby agrees to take all responsibility to use Locatio.me services, or provide Locatio.me services to other users with respect both to Locatio me terms and also to its domestic legal regulations. Failure to comply with any of these will subject Client account to suspension or cancellation of Content or Services at Locatio.me's sole discretion.

2.10

Locatio.me reserves the right to charge Client or deduct from Client balance or revenues owing any such charges as may arise for processing a request for Locatio.me service upon a second or subsequent attempt (such request hereby referred to as “Retries”) where the initial attempt had failed due to the Clients fault.

2.11

Locatio.me takes the fraudulent use of its platform, non-compliance and breaches of its Policy very seriously and there may be a prohibitive charge made by Locatio.me to the Client of up to but not exceeding $10,000 (USD) or €7,500 (EUR) (“Fraud Prevention Charge/Non-Compliance Charge”) per incident in cases where Client has committed fraud or non-compliance or knowingly facilitated or allowed others to commit or facilitate fraud or non-compliance via Locatio.me’s platform. The Fraud Prevention/Non-Compliance Charge shall be charged following an investigation by Locatio.me and/or the relevant Network or Networks and/or third party detection service and may be deducted from the Client’s account balance or otherwise demanded of the Client following such investigation.

3. Our Obligations

3.1

Subject to compliance by the Client with its obligations under the Agreement and these Terms and Conditions, including payment in full by their due date of all sums due from the Client, we shall provide the Services with reasonable care and skill and permit the Client access to the Services.

3.2

On acceptance of the Client’s order we will endeavor to select and use only third party suppliers in connection to the provision of such services whom we reasonably consider capable and competent and who will respect confidential and sensitive data. However, Locatio.me will not accept any liability nor give any warranty as to the availability or provision of such connected services and will not be held accountable for such liability in action whether it brought in tort or contract.

3.3

We shall use all reasonable endeavors to maintain the Services 24 hours in every day during the term of the Agreement, but Locatio.me does not warrant that the Services or the Networks or Locatio.me’s internet connection or any Public Network will be fault-free or free of interruptions. Locatio.me shall not be liable for any failure to maintain the Services in such manner despite the use of such endeavors whether this arises from a technical or other such failure in the Services, at Network level or otherwise.

3.4

Locatio.me may from time to time improve or alter the Services as it deems appropriate but shall not do so without your prior consent unless such changes do not substantially affect the nature of the Services or where such changes are necessary to comply with any applicable Laws and Codes of Practice.

3.5

Locatio.me reserves the right to suspend access to part or all of the Services as required for the purposes of remedial or preventative maintenance or improvement of the Services provided that Locatio.me shall use all reasonable actions to keep such suspension to a minimum.

3.6

Locatio.me shall accept urgent fault reports by email to [email protected], through our dedicated support system at http://www.locatio.me/complaints/. There shall be no charge by Locatio.me for receipt of urgent fault report calls, and no limit on the number of urgent fault report calls logged in respect of any Client. For the removal of doubt, general business enquiries about a Client’s account should be referred in the first instance to the designated account manager; and general technical enquiries should be entered into our dedicated support system at http://www.locatio.me/complaints/ where such enquiries are ordinarily dealt with on a first-come, first served basis.

4. Services, Use of the Services, and Database rights

4.1

The Client agrees to compensate Locatio.me for all or any damages, claims and costs which may arise from the Client’s account usage.

4.2

Ownership of all copyright, database right and other intellectual property rights in the combined database remains with Locatio.me. Locatio.me will not have any access to your credit card informations, at any time. All other personal data from Locatio.me’s database will not, unless required by law, be provided to the Client or to any other party during the term of the agreement and will be deleted after its termination.

4.3

Any unauthorized attempt to gain access to Locatio.me’s database, services or systems by the Client, or anyone directly or indirectly associated or related to the Client or on its behalf, however remotely, will constitute a material breach of this Agreement and Terms and Conditions. In the event of any such attempt to gain access, Locatio.me may immediately terminate this Agreement, and the Client will immediately return to Locatio.me (or, at its request destroy and verify to its satisfaction the destruction of) all copies of any information obtained by this access.

5. Fees and Variation of Charges

5.1

Locatio.me will charge, and Client agrees to pay, the applicable fees for the Services provided in accordance with the Agreement and these Terms and Conditions. Locatio.me shall have the right to change the fees stated in the Agreement in accordance with clause 5.2. Fees shall be charged ongoing until the Agreement is cancelled in writing by the Client in accordance with the Agreement and these Terms and Conditions.

5.2

Subject as follows, Locatio.me shall be entitled to review and if it so desires vary from time to time the charges payable for the Services and/or introduce new charges such varied or new charges to take effect four weeks after the date of written notice to the Client or such later date as specified within that notice.

5.3

In addition to the fees, Locatio.me reserves the right at any time to deduct from the deposit and other sums due to the Client any Refunds, returned items, Chargeback’s and/ or Penalties (collectively "Refund/s") imposed directly or indirectly on and/ or by Locatio.me and its acquiring bank, card and other payment processing associations, regulatory bodies and other competent authorities.

5.5

The Client shall be liable for and shall indemnify Locatio.me from and against any damage, including indirect or consequential damage, and legal violations that result from the Client’s improper use of the Services, the Client’s instructions, or other fault of the Client or its agents or contractors.

6. Payments Terms and processing of Refunds

6.1

The Client accepts that it shall be responsible for and shall indemnify and reimburse Locatio.me in the case of any violations of Locatio.me terms. Locatio.me reserves the right to satisfy any of the above deductions out of any deposit held on account in respect of the Client and to require the Client to replenish the deposit to a level reasonably deemed appropriate by Locatio.me.

6.2

Locatio.me will make every effort to make Refunds in a timely manner but cannot be held liable for any delay in payment due to the errors, procrastination or otherwise of Billing Connectivity Providers or other third parties.

6.3

Locatio.me takes the risk of the improperly instigated Chargebacks very seriously and will investigate Chargebacks made against charges debited from Client credit cards or credit accounts. Locatio.me will work with relevant financial institutions endeavoring to ensure that Chargeback issues are resolved swiftly. In the event that it is determined that a Chargeback has been improperly made in respect of a Client credit card or credit account, Locatio.me reserves the right to charge a reasonable administration charge for each such Chargeback, which is currently set at the sum of 15% of the amount of the Chargeback, or EUR10 per chargeback whichever is the greater. The administration fee is additional to the Client’s obligation to pay the amount of the Chargeback improperly made.

6.4

In order to resolve complaints and disputes, the Client agrees that Locatio.me may, acting reasonably, issue Refunds without the Client’s prior knowledge or approval. Locatio.me may also include the Client in its database of blocked accounts if there is an indication of fraud or any inappropriate use of the Clients account. Should the money value of refunds be higher than revenue generated in respect of the Client’s account with Locatio.me, the Client will be liable to pay any excess to Locatio.me.

6.5

When ever it is reasonable possible, the client will be refunded in the currency of its choice. If it is not possible hey will be made in USD or EUR. The Client acknowledges and agrees that although payouts due to the Client may be displayed in its domestic currency, they are a subject to currency fluctuations. Locatio.me takes no responsibility for such fluctuations. Options for other worldwide bank deposits in other currencies are also available on request.

6.6

We do not issue refunds on services already provisioned for your use because of the administrative and technical costs associated with activating those services. We may incur minimum service terms with our partners or subsidiaries that limit our responsibility to honor a refund request. It is your responsibility to ensure that services are appropriate for your needs, and that you have sought advice from all relevant parties, before signing an agreement with us.

7. Termination

7.1

Without prejudice to any other rights or remedies which the parties may have, Client may terminate the Agreement on giving written notice in accordance with this section (7) and with due regard to the notice period outlined in the relevant clause of the Client’s individual Service Agreement. For its part, Locatio.me may terminate the Agreement without liability immediately on giving notice to the Client if the Client repeatedly breaches any terms of the Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement.

7.2

Notice of cancellation or termination must be sent in electronic copy written form to Locatio.me’s email address at the date of issue of such notice. No other form of communication will be accepted by Locatio.me as a form of notice of cancellation. Each contractual term will become due in full in the event that no cancellation or termination is received by Locatio.me.

7.3

Locatio.me may suspend its provision of the Services or terminate the Agreement immediately upon notice to the Client if the Client commits any form of material breach of these Terms and Conditions.

7.4

The Client agrees to use the Services ONLY for legal purposes.

8. Authority

8.1

By placing an order with Locatio.me the person doing so on the Client’s behalf is stating and warranting to Locatio.me that it is duly authorized to contract on the Client’s behalf and in its name and that it and the Client are of legal age in the state or country where the business is located to enter into this agreement and have obtained all the necessary licenses and certificates required to perform their obligations under the Agreement and these Terms and Conditions, including obtaining all necessary intellectual property rights and licenses for the provision of the End-User Services via the Services.

9. Limitation of Liability

9.1

Without limitation to the foregoing, Locatio.me will not be responsible for its service not being accessible on the Internet due to circumstances not under Locatio.me’s direct control (such as individual Internet user’s own equipment capabilities, limitations, other Internet service provider limitations and/or browser software limitations) and shall have no liability to the Client in respect of loss of revenues or other damages or losses arising therefrom.

9.2

The Client shall indemnify and keep fully and effectively indemnified Locatio.me and all members, officers, servants and agents of Locatio.me against all liabilities (including professional fees, reasonable administration and management costs and all other damages, expenses and costs), actions, proceedings, claims and demands and all alleged claims and demands whatsoever arising directly or indirectly out of or in consequence of the actions taken by the Client or associated to the use of its account.

9.3

The Client hereby agrees to reimburse Locatio.me for any and all costs, damages and expenses associated with it being involved with any civil, criminal, regulatory or investigatory actions brought against it (other than for its breach of contract, negligence, or tortuous acts in respect of which judgment is obtained against it) in relation to any acts or omissions carried out in accordance with the Client’s instructions or authorized by the Client. The Client agrees that Locatio.me may deduct some or all of those costs damages and expenses from monies otherwise due to or held on account from the Client.

9.4

The Client warrants to Locatio.me that all Client Information supplied by or on the Client’s behalf, including for payments and receipt of payments through the Service shall not:
1. be false, inaccurate or misleading;
2. be fraudulent or involve the sale of counterfeit or stolen items;
3. consist in providing to the Client or any other person a cash advance from that person’s own credit account;
4. breach Locatio.me’s Acceptable Use Policy;
5. infringe any third party’s copyright, patent, trade mark, trade secret or other property rights or rights of publicity or privacy;
6. breach any law, statute, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising);
7. be defamatory, threatening or harassing or liable to harass any person;
8. be obscene or contain child pornography; or
9. contain any viruses, Trojan horses, worms, cancelbots, “easter eggs” or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or other personal information. If, as a result of the Client’s actions, instructions or Client Information there is any tampering, hacking, unauthorised modification or other corruption of the security or functionality of Locatio.me’s systems or services, or any attempt to do so, the Client account will be terminated and the Client will be subject to damages and other Penalties, including criminal prosecution where applicable.