Zoombak ™

Customer Agreement

1. This Is an Enforceable Legal Agreement.

This Customer Agreement (“Agreement”) states the terms and conditions under which Zoombak Limited ("Zoombak"), agrees to provide you with certain location-based services (the “Services”).  By clicking on the box on the www.Zoombak.co.uk Web site Activation page that is next to the statement “I have read and agree to the terms and conditions of the Customer Agreement,” you agree to be bound by the terms and conditions stated in this Agreement.  It is important that you read and understand the terms below before you click accept.  If there is any term that you do not understand or do not agree to, you should not click accept.  Once you click accept you will be bound by the terms.  If you do not agree to the terms and conditions of this Agreement, you may not use the Services.

2. Our "Cooling Off" Policy

2.1 If you have applied for access to the Services from Zoombak, Zoombak's "cooling off" policy gives you the right to cancel this Agreement within 14 days from the date that you activate the Services.  Once you have purchased a Device, and before you can receive the Services, you will be required to activate the Services using Zoombak's Web site. The activation process will involve you providing certain information about yourself, including your payment details, to Zoombak and Zoombak verifiying your identity and the details that you have provided. 

2.2 If you wish to cancel this Agreement you must notify Zoombak (by following the procedure on Zoombak's Web site or by telephone) within 14 days from the date that you activate the Services. Once you so notify Zoombak, this Agreement will be cancelled and your access to the Services disconnected.  Zoombak will then refund to you all amounts that you have paid to receive the Services.

3. Zoombak's collection and use of information

3.1 In order to provide the Services to you, Zoombak may collect and process information about you and the location of any person, pet or vehicle that you have chosen to use the Services to provide location information about. Zoombak's collection and processing of personal information and location information is subject to Zoombak's Privacy Policy which sets out additional information about the type of information that Zoombak collects and how Zoombak uses that information.  You can read Zoombak's Privacy Policy at any time by clicking here. Please make sure that you have read and understood the Privacy Policy as the policy forms part of, and is incorporated in this Agreement.

3.2 You agree that Zoombak may communicate location information to you through communication technologies and networks chosen by Zoombak.

4. Your use of the Services

4.1 You must not use, and must use reasonable efforts not to allow any other person use, the Services:

(a)        in any way that is unlawful or involves harassing,  defaming, or improperly conducting surveillance of any person or is abusive, offensive, indecent or offensive;

(b)        to send or upload any material that is protected by copyright (unless you have permission) or which in any way breaches the intellectual property rights of any third party;

(c)        to send or upload any material that is intended to disrupt the Services or any other system or which contains any viruses or other malicious code; or

(d)        to send or upload advertising of any kind or

(d)        on an aircraft in contravention of any applicable law or any Civil Aviation Authority, airline or other rule or regulation.

4.2 You may not use the Services unless you are at least 18 years old.

4.3 You may not use the Services to monitor the location of a pet or vehicle or anything else (other than a person), unless you have the right or have obtained any required authorisation to monitor the location of the pet, vehicle or other thing that you have chosen to monitor using the Services.

4.4 You may not use the Services to monitor the location of any person unless you have first:

(a)        obtained the consent of that person to having their location monitored by you and their location information collected and processed by Zoombak, its contractors and any communications provider that Zoombak uses to provide the Services; and

(b)        explained to that person that their location information will be collected while the Device is switched on for the duration of your Agreement with Zoombak.

4.5 You may not use the Services to monitor the location of a person that is under the age of 16 unless you are that child's parent or legal guardian.  Even if you are the child's parent or legal guardian you must still comply with clause 4.4 above.

4.6 You agree that Zoombak may collect and use location information as described in this Agreement and the Privacy Policy.

4.7 Any information that you provide to Zoombak must be accurate, complete, and current. If any of the information that you have provided to Zoombak changes significantly you must notify Zoombak by using any of the methods for contacting Zoombak stated in the “Contact Us” section of www.Zoombak.co.uk.

4.8 You shall be responsible for any losses, expenses or other costs incurred by Zoombak which are caused as a result of your failure to comply with clauses 4.3, 4.4 or 4.5 or where you deliberately provide untrue information to Zoombak.

4.9 You acknowledge that Zoombak supplies the Services, and you may use them, for personal (and not business) uses only.

4.10 A Fair Use Policy applies to the number of location updates that you may obtain for your Device when using the Service.  As such, Zoombak reserves the right to cease providing location updates to you in any 24 hour period if you have already requested 100 location updates during that period.

5. Changing the terms of this Agreement

5.1 Zoombak may need to vary this Agreement and/or the Privacy Policy from time to time and, if this is necessary, the following procedure will apply:

(a)        Zoombak will give you at least one month's notice in writing (including by email or SMS message) of any variation to this Agreement or Privacy Policy which Zoombak considers will or may be of detriment to you, for example (and without limitation) if, in any 12 month period, Zoombak increases any of the prices in Zoombak's standard price list (available at www.Zoombak.co.uk) which are applicable to the Services that you receive by more than the retail price index (or equivalent) for that same period; and

(b)        a copy of the amended Agreement or Privacy Policy will be available on Zoombak's Website (www.Zoombak.co.uk) or you can request from Zoombak a copy of any section of the Agreement or Privacy Policy that Zoombak has varied by using any of the methods for contacting Zoombak stated in the “Contact Us” section of www.Zoombak.co.uk.

If you do not agree to Zoombak's variation you may cancel this Agreement, before the change takes effect, by notifying Zoombak using any of the methods for contacting Zoombak stated in the “Contact Us” section of www.Zoombak.co.uk.  If you decide to cancel this Agreement, Zoombak will refund to you the amount of any charges that you have paid in advance for the Services. Zoombak will be entitled to deduct from this refund the cost of any use by you of the Services before the date of cancellation of this Agreement.  If Zoombak does not hear anything from you within one month after notifying you of any variation to this Agreement or Privacy Policy, you are indicating to Zoombak that you agree to the variation.

6. Use of Zoombak Devices

In order to use the Services, you must purchase separately from Zoombak, or one of Zoombak's authorised sales partners, a device that is capable of receiving location information by using Assisted Global Positioning technology (a "Device"). You may not use a Device to receive any location services that are provided by any supplier other than Zoombak or one of Zoombak's authorised suppliers. 

7. Charges and Payment

7.1 When you activate the Services, you may choose to pay for the Services either monthly in advance or annually in advance.  As part of the activation process for the Services, you must provide to Zoombak either a valid and chargeable credit card (“payment card”) or  your authorisation for Zoombak to collect payment for the Services directly from your bank account by direct debit.

7.2 If you choose to pay for the Services on a monthly basis then the following payment procedure will apply:

(a)        Zoombak will charge your payment card or debit your bank account each month for the Services to be provided in the following month.  The monthly charges for the Services will be as set out in Zoombak's standard price list which is available at www.Zoombak.co.uk. Zoombak will continue to charge your payment card or debit your bank account on a monthly basis until you notify Zoombak that you wish to cancel this Agreement; and

(b)        In the event that your payment card company or your bank declines to process your monthly payment, Zoombak will attempt to contact you to inform you of the failure.  Whether or not Zoombak is able to contact you, Zoombak will attempt to process the monthly payment 5 days after the date of the first failure of the payment and if your payment card company or bank declines to process the payment for a second time then Zoombak may terminate the Services immediately, and without penalty or liability. If your payment card company or bank declines to process the payment on Zoombak's first attempt, Zoombak may charge you an additional administration charge of £2.00.

7.3 If you choose to pay for the Services annually in advance then the following payment procedure will apply:

(a)        On your activation of the Services, Zoombak will charge your payment card or debit your bank account for the Services for the following year. The annual charges for the Services will be as set out in Zoombak's standard price list which is available at www.Zoombak.co.uk; and

(b)        Until you notify Zoombak that you wish to cancel this Agreement, Zoombak shall continue to charge your payment card or debit your bank account on an annual basis for Services to be provided in the following year.  Payment will be taken by Zoombak on each anniversary of the date that you first activated the Services and will be in accordance with the then current annual charges for the Services as set out in Zoombak's standard price list which is available at www.Zoombak.co.uk.

7.4  Where you choose to receive location updates by SMS message, you are solely responsible for paying any fees (if applicable) that are charged by your mobile phone service provider for receiving those messages.

7.5 You are responsible for paying any and all taxes that may be incurred related to your use of the Services.

8. Security Information

Zoombak will provide you with a username, passcode, or other security information (“Security Information”) that is personal to you and which you must use to access and use the Services.  You must keep the Security Information confidential and you shall be responsible for all use of the Service where the Service is accessed using your Security Information.  You must notify Zoombak immediately of any unauthorized use of your Security Information.

9. Term and Termination

9.1 The term of this Agreement shall commence when you first activate the Services and shall continue until this Agreement is terminated. Zoombak may decline to activate the Services if Zoombak reasonably believes that you are likely to use the Device improperly or other than in accordance with this Agreement.

9.2 Either you or Zoombak may immediately terminate this Agreement by giving notice to the other in writing (in Zoombak's case, by sending you an email and/or a letter to your mailing address) if:

(a)        the other breaks an important term of this Agreement which either cannot be corrected or which the other fails to correct within 7 days of being asked to do so; or

(b)        the other is unable to pay its debts, is declared insolvent or bankrupt (whichever applies), has an official appointed by the courts to take charge of its assets or makes any arrangement with its creditors.

Zoombak may terminate this Agreement by giving you 30 days' notice (which Zoombak will email to you and/or send to your mailing address) if Zoombak is no longer able to provide all or a substantial part of the Services.  In addition, Zoombak may also terminate this Agreement immediately by sending written notice to you:

(a)        if Zoombak discovers that you are, or any person accessing the Services with your Security Information (your "Users") is, using the Services for any criminal activity;

(b)        if Zoombak discovers that you are, or any of your Users is, using the Services in a manner that is unlawful, including (without limitation) where such uses involve harassing,  defaming, or improperly conducting surveillance of any person;

(c)        if Zoombak discovers that any of the information that you provided to Zoombak in applying to receive the Services is false;

(d)        if Zoombak discovers that you have not obtained appropriate consent to monitor the location of persons, pets, vehicles or other objects as required in clauses 4.3 and 4.4;

(e)        if your payment card company or your bank declines to process your monthly payment in accordance with clause 7.2(b);

(f)         if after Zoombak provides you with notice that your use of the Service to obtain location updates for your Device violates its fair use policy (see Clause 4.10), you continue to use the Services to obtain more than 100 location updates for your Device in a 24 hour period;

(g)        if you die or are imprisoned; or

(h)        if Zoombak is required to do so by law, or by a requirement of a court or other governmental or regulatory body.

9.4 You may terminate this Agreement at any time by providing notice to Zoombak.  If you terminate the Services before the end of a one year period from your activation of the Services (the "Minimum Term") or if Zoombak terminates this Agreement for any of the reasons set out in clauses 9.3(a)-(g) then you will be charged a disconnection fee, which shall cover Zoombak's administration costs and expenses and the losses which Zoombak is reasonably likely to suffer as a result of you terminating your Agreement, as follows:

(a)        If you have been paying for the Services on a monthly basis, then Zoombak will charge your payment card or debit your bank account for the price of the Services that Zoombak would have charged you for the remaining portion of the Minimum Term. If your bank or payment card company declines to process such payment then Zoombak may refer your outstanding disconnection fee to a debt collection agency; or

(b)        If you have paid for the Services on an annual basis, then you will not receive any refund from Zoombak for the annual Services charge that you have paid.  If you terminate this Agreement at any time after the expiry of the Minimum Term and you have paid for the Services annually in advance, then Zoombak will refund you a proportion of the annual Services charge that corresponds with the remaining portion of the year for which you have paid to receive the Services.

10. Disclaimer

Zoombak will use its reasonable endeavors to provide you with the Services at all times. However, we cannot guarantee a continuous, fault-free service. The services are only available in the geographic areas where Zoombak has network coverage.

11. Zoombak’s Liability
 
11.1 Zoombak's entire liability to you if Zoombak is in breach of this Agreement or in breach of a legal duty of care will be limited to £3,000 for any one claim, or a series of related claims.

11.2 Zoombak will not be liable under this Agreement for:

(a)        any loss of income, business or profits, or loss or corruption of or damage to data (unless such loss is reasonably foreseeable);

(b)        any loss or damage which was not caused by Zoombak's breach of this Agreement or Zoombak's breach of our legal duty of care; or

(c)        any loss or damage which was not a reasonably foreseeable result of either Zoombak's breach of this Agreement or Zoombak's breach of its legal duty of care.  Loss or damage is "reasonably foreseeable" if at the time that Zoombak and you entered in this Agreement, such loss or damage was contemplated by Zoombak and you.

11.3 Nothing in this Agreement excludes or limits Zoombak's liability for:

(a)        fraud;

(b)        death or personal injury caused by Zoombak's negligence; or

(c)        liability which may not be excluded or limited under any applicable law.

11.4 Nothing in this Agreement affects any of your legal rights which the law states cannot be excluded or limited by this Agreement.  If you require more information on your legal rights, you should contact your local authority Trading Standards Department or Citizens Advice Bureau.

11. 5 In no event shall Zoombak be liable to you if Zoombak is unable to perform its obligations under this Agreement as a result of events or causes beyond Zoombak’s reasonable control, including but not limited to acts of omissions of a third party telecommunications provider, acts of God, war, terrorism, criminal or tortious acts by third parties, riots, or natural disasters.

12. If a Device Is Lost or Stolen.

12.1 If your Device is lost or stolen, you must contact Zoombak immediately by using any of the methods for contacting Zoombak stated in the “Contact Us” section of www.Zoombak.co.uk. You will be required to continue to pay all charges incurred in relation to the Services until you notify Zoombak of the loss of the relevant Device.

12.2 Once you inform Zoombak that a Device has been lost or stolen, Zoombak will suspend provision of the Services to you for up to one month. Once you purchase a new Device, you must notify Zoombak to request that Zoombak resumes the Services.  You will not be required to pay for the Services during the period that Services have been suspended.  If you do not notify Zoombak that you wish the Services to resume within one month then Zoombak may terminate this Agreement, and if the Minimum Term has not ended, your payment card will be charged or your bank account will be debited in the amount of the termination fee as stated in clause 9.4.

13. Intellectual Property

13.1 Your Device contains software provided by Zoombak.  Zoombak or its licensors own this software and all intellectual property in it. You must not use, or allow anyone else to use, the software except to receive the Services while this Agreement continues. You must not copy, adapt, modify, reformat, reverse engineer or decompile such software.  Information necessary to achieve interoperability of the downloaded software with other independently created software programs is available from Zoombak on request and on payment of Zoombak's administration fee.  

13.2 The "Zoombak" name and logo and all other trademarks, service marks, and trade names used in connection with the Services are owned by Zoombak or its licensors and may not be used by you without the written consent of Zoombak.

13.3 From time to time, Zoombak may send messages, data, or other information (“Content”) to you as part of the Services.  Zoombak will own all such Content and you must not upload or transmit Content to public places.

14. Additional Terms and Conditions

14.1 If any term of this Agreement is not valid or legally enforceable, that term will be deleted from this Agreement.  The remaining terms will not be affected.

14.2 You may not transfer your account to another person unless you first obtain Zoombak's written consent.  Zoombak will not unreasonably withhold or delay its consent.

14.3 No party other than you or Zoombak (or any party to whom Zoombak transfers any rights or obligations) has any right to enforce any term of this Agreement..

14.4 This Agreement is governed by the law of the part of the United Kingdom in which you live.  You and Zoombak may bring legal actions about this Agreement only in a relevant court in the United Kingdom.

14.5 If either you or Zoombak does not enforce or delays enforcing rights under this Agreement, this will not stop you or Zoombak doing so at a later date.