Terms & Conditions
The wording below sets out the terms and conditions on which forgotyourphone.com ('us', 'we' or 'our' in these terms and conditions) provides services through our website ('Services').
'You' or 'your' shall mean the person who enters into a contract for the provision of Services, subject to these terms and conditions ('Agreement').
We are free to amend these terms and conditions at any time and you should regularly check the latest version which is available on our website.
1. The provision of the Services
1.1 We provide online services through which you may save and access information that would otherwise be saved to your mobile telephone including your address book, your calendar and your notepad. Our Services are described in more detail in the Our Services part of our website.
1.2 You must register your details using our online registration form before you are able to use our Services. You must complete the online registration form accurately and completely. When you register your details with us it is an offer by you to enter into a legal contract with us.
1.3 If you are under the age of 13, you are required to obtain the consent of an adult (i.e. a parent or guardian) to use our website and the Services. We hereby exclude any liability for any unauthorised use of our website or the Services.
1.4 You and we will only enter into a binding contract when you receive notification from us that we have accepted your registration and that a binding contract exists from the date and time specified in the notification.
1.5 The notification described at clause 1.4 of this Agreement will contain information on your forgotyourphone.com account, including your Unique User Identification (‘UUI’) which you will need to use to access your account.
1.6 The provision of the Services is subject to certain limitations:
1.7 We do not charge a fee for providing the Services. You agree that in consideration for providing the Services, we shall be able to display advertising on our website.
2. Accessing your forgotyourphone.com account
2.1 You will need your UUI to access your forgotyourphone.com account (‘your Account’).
2.2 We do not check the information you save to your Account for accuracy. It is your responsibility to ensure that the information you save to your Account is up-to-date and accurate and we will not be liable for any loss whatsoever caused by any inaccuracies in the information held on your Account.
2.3 You shall not store information on your account that in our sole discretion can be considered illegal, distasteful, prejudicial or pornographic.
3.1 We may terminate this Agreement where you are:
3.1.1 in substantial breach of the provisions of this Agreement;
3.1.2 in breach of the Other Provisions.
3.2 We may also terminate this Agreement where we decide to withdraw this website (whether on a temporary or permanent basis) or decide no longer to permit access to the website by you (by use of passwords or changes of passwords or by any other means).
3.3 You may terminate this Agreement by written notice to firstname.lastname@example.org or by post to forgotyourphone.com, 11 Murray Street, Camden, London NW1 9RE.
3.4 Upon termination of this Agreement, we will close your Account and all information and data saved to your Account shall be deleted permanently. We hereby exclude our liability for any loss of information in your Account after the date of termination of this Agreement.
4. Exclusion of liability
4.1 Except in the case of death or personal injury caused by our negligence, we hereby exclude all liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise.
4.2 We shall not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you:
4.2.1 of an indirect or consequential nature; or
4.2.2 for any economic loss or other loss of turnover, profits, business or goodwill.
4.3 Nothing in this Agreement excludes liability for our fraud.
5.1 Contacting each other
If you wish to send us any notice or letter then it needs to be sent to forgotyourphone.com, 11 Murray Street, Camden, London, NW1 9RE. If we wish to send you a letter or notice we will use the address you have given in your online registration form.
5.2 Reliance on these terms and conditions
We intend to rely on these terms and conditions as being the terms and conditions of the contract between you and us. Any changes to the terms and conditions that you wish to make should be put in writing but any changes will require our agreement.
5.3 Law and jurisdiction
The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
5.4 Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.