Terms and Conditions applying to registration on and use of the Immobilise Service.
The details that you enter on Immobilise will be stored and used in line with the terms and conditions below.
In the terms and conditions below the following words have these meanings.
"services" The service(s) is the storage of information supplied by the customer or their agent relating to the customers equipment and contact details.
"customer(s)" The customer(s) is the individual or company or organisation that has supplied, or had supplied by their agent, their equipment and contact information.
"database" The database is the system on which the information is held and is called The Mobile Equipment National Database or MEND. This database belongs to Recipero Limited and your data will be administered by Recipero Limited in line with these terms and conditions for as long as your data is stored on the database
"Recipero" Recipero Limited is the UK registered company that operates the database and the service operates under UK law and data protection regulation. Recipero Limited registered office is Lawrence House, Lower Bristol Road, Bath, BA2 9ET England.
"agent" An agent is a company or organisation that with the customers permission has put their information on the database, this may include a retailer, insurer, network or other authorized authority.
"Police" The Police means any Police force.
"recovery organisations" Recovery organisations means any organisation that recovers equipment after loss, this includes amongst others, transport, tourist attractions, museums, galleries, hotels, lost property etc. It does not include individual members of the public.
"information" Information means any information stored on the database.
1 THE SERVICES
1.1 The services to be provided by Immobilise shall be the storage of information supplied by the customer or their agents relating to the customer and the customer's equipment and the provision of a service that allows the Police to identify the owner via the database in order that the item can be returned and any criminal activity surrounding the recovered item be investigated.
1.2 The customer or their agent shall only supply to Recipero information relating to equipment that is owned by the customer or for which the customer is contractually or legally responsible.
1.3 The use by the customer of the services does not confer on the customer any special ownership or storage rights in relation to any equipment and the customer will be subject to the normal policies, terms and procedures of recovery organisations in relation to the retrieval of equipment (which may include the requirement for security checks) and the storage of equipment (which may include the right to dispose of equipment after a specific period regardless of whether or not the customer has supplied information relating to the equipment to Recipero.)
1.4 The customer shall be responsible for maintaining the confidentiality of the customer's username and password assigned to the customer on registration.
1.5 The customer shall notify Recipero immediately of any unauthorized use of the customer's username or password.
1.6 The customer acknowledges that the service is provided by Recipero for the customer's use only and, accordingly, the services may not be exploited commercially by the customer.
1.7 Acceptance of the services by the customer constitutes automatic acceptance of the Terms.
2.1 Registration on Immobilise is a free service no charges apply to the customer.
3 RECIPERO'S WARRANTY
3.1 Recipero shall perform the services with reasonable skill and care.
3.2 Subject as set out above, all conditions, warranties, terms and undertakings (express or implied and statutory or otherwise) in respect of the performance by Recipero of the services are excluded to the fullest extent permitted by law.
4 LIMITATION OF LIABILITY
4.1 The customer acknowledges that:
4.1.1 the services are limited to the compilation and provision of access to the database;
4.1.2 Recipero will be relying on the accuracy of information provided by the customer or their agent; and the customer or agent is responsible for keeping the information on their account up to date.
4.1.3 Recipero will be providing access to the information obtained from the customer (which may include telephone number and postal address) to the Police in order that the customer may be contacted so that any recovered items can be returned and any criminal activity relating to the recovered item can be investigated. Recipero may also provide a service to other bona fide recovery organisations that recover equipment after loss and want to contact the owner; these organisations will not be given any information about customers on the database, however Recipero will use the information to contact the customer and assist in recovery of the equipment.
4.1.4 Information provided to the Police will only be used to return recovered equipment and investigate any criminal activity surrounding the equipment.
4.1.5 The Police may decide not make use of the database on a particular occasion, and accordingly the customer agrees that the Recipero will not be liable if the customer's equipment is not found, if the information provided by the customer or its agent is inaccurate or incomplete.
4.2 Recipero's entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to the customer in respect of any breach of the use of the system between Recipero and the customer and any negligent act or omission arising in connection with such use shall be limited to damages of an amount equal to the aggregate of any for the 12 months immediately preceding the breach, act or omission.
4.3 Recipero (and its employees, agents and sub-contractors) shall not be liable to the customer for loss of business, profits, contracts or goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by the customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or Recipero had been advised of the possibility of the customer incurring the loss.
4.4 Nothing in the use of the service shall limit Recipero's liability to the customer for death or injury resulting from its own negligence or for fraud.
4.5 Information held on the database will not be made available to any third parties, however Recipero will send occasional reminders and updates about the service which may include references to third party products and services, and may also contact you in the event your item is recovered and let you know its location. Recipero reserves the right to use the data to validate the authenticity of the information provided by the customer and or other data in order that the data is accurate and up to date.
5 FORCE MAJEURE
5.1 Recipero shall not be liable for any breach of its obligations from the use of this service resulting from causes beyond its reasonable control, including but not limited to fires, strikes (of its own or other employees), insurrection or riots, requirements or regulations of any civil or military authority and inability to obtain services from third parties.
6.1 The customer undertakes to indemnify and hold harmless Recipero (and its employees, agents and sub-contractors) against any loss or damage that they may suffer as a result of a breach by the customer of the use of the service.
7.1 The use of the service can be terminated by the customer at any time, with no notice. If Recipero terminate the service it will use the information provided in the account to give 28 days' notice.
8.1 Recipero reserves the right to alter the terms of the service at any time subject to notifying the customer on the Immobilise web site.
9.1 The customer shall not be entitled to assign the benefit of the service without the prior written consent of Recipero.
10.1 Headings to clauses in these terms are for the purpose of information and identification only and shall not be construed as forming part of any contract.
11.1 The terms of the service shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.