Pocket Ping Terms and Conditions
1.Introduction

    (a)  Pocket Ping allows a user to:

    • find their approximate location (through locating the user's mobile phone);
    • connect and share information with other registered Pocket Ping users, by adding them as their "friends" (Friends);
    • identify and find specific points of interest at or near their location (including points of interest nominated by their Friends);
    • upload comments and photographs in relation to nominated points of interest, and see comments and photographs uploaded by their Friends; and
    • find the approximate location of their selected Friends (through locating their mobile phones).

    (b)  Pocket Ping may be used through users' mobile phones, or via the Pocket Ping website.

    (c)  The following sets out the terms and conditions between each registered Pocket Ping user (you), and Pocketweb Ltd (us, or we). By becoming a registered user of Pocket Ping, you agree to be bound by these terms and conditions.

2.Availability

(a)  Pocket Ping is available on the mobile phone handset models set out at www.pocketping.com

(b)  Pocket Ping may work on the following handset models set out at www.pocketping.com.

(c)  If you are using the service via a computer, you must have a computer with internet access and web browser.

(d)  Pocket Ping may be used only by users aged 18 or over.

3.Accuracy

(a)  User locations are determined by GPS (Global Positioning System) or AGPS (Assisted Global Positioning System). The accuracy of location of information will vary, and can depend on factors such as handset capability, density, weather and geographical location. Generally, accuracy can vary between 8 to 250m. Pocketweb Ltd cannot guarantee the accuracy or completeness of location information.

(b)  Finding the approximate location of a person using GPS or AGPS can take around 30 seconds, or up to a minute or more.

4.Privacy and security

(a)  Your personal information and privacy is protected in accordance with the Privacy Policy, which is available at www.pocketping.com.

(b) You can control how much of your personal information another user can access. In addition you can prevent a user from accessing any of your personal information or obtaining your approximate location using Pocket Ping.

(d)  By registering on Pocket Ping, you agree to allow us to collect your personal information submitted by you and to track your location and provide this information to your Friends.

5.Your obligations

You must not:

  • use Pocket Ping, including any location information obtained through Pocket Ping to stalk, harass, abuse, defame, threaten or defraud other users.
  • include or upload offensive or pornographic materials on your personal profile.
  • use Pocket Ping for any illegal purpose, or in breach of any law including (without limitation) laws in relation to intellectual property and other proprietary rights, and data protection and privacy.
  • make unsolicited offers, advertisements, proposals, or send junk mail, to other users.
  • intentionally interfere with or damage the operation of Pocket Ping or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
  • post, store, send, transmit, or disseminate any information or material which is misleading or deceptive or likely to mislead or deceive, or which a reasonable person could regard as harassing, objectionable, offensive, embarrassing, indecent, pornographic, vulgar, distressing, threatening, libellous, hateful, racially or ethnically offensive, or otherwise inappropriate.
  • post, store, send, transmit, or disseminate any information or material which infringes any intellectual property rights, including patents, trade marks, trade secrets, or copyright.
  • use Pocket Ping with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
  • use Pocket Ping in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application could lead to death, personal injury, or severe physical or property damage.
  • attempt to gain unauthorized access to Pocket Ping, or any part of it, other accounts, computer systems or networks connected to Pocket Ping, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Pocket Ping or any activities conducted on Pocket Ping.
  • use any robot, spider, scraper or other automated means to access Pocket Ping for any purpose without our express written permission.
  • bypass measures we may use to prevent or restrict access to Pocket Ping or modify Pocket Ping in any manner or form
  • use modified versions of Pocket Ping, including (without limitation) for the purpose of obtaining unauthorized access to Pocket Ping; or
  • sell or transfer or allow another person to access your account password, profile, or Pocket Ping account (including, without limitation, by allowing the person access to your handset or computer while you are logged into Pocket Ping).

6.Licence and intellectual property

(a)  We grant you a royalty-free, non-exclusive, non-transferable licence, to use the Pocket Ping application for personal, non-commercial purposes.

(b)  You may not:

  • modify, disassemble, decompile or reverse engineer the Pocket Ping software.
  • rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Pocket Ping software to any third party or use the Pocket Ping software to provide time sharing or similar services for any third party.
  • make any copies of the Pocket Ping software
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Pocket Ping Software, features that prevent or restrict use or copying of any content accessible through the Pocket Ping software, or features that enforce limitations on use of the Pocket Ping software; or
  • delete the copyright and other proprietary rights notices on the Pocket Ping software.

(d)  Pocketweb Ltd owns or is licensed to use the intellectual property in and to the Pocket Ping application, including all content, visual interfaces, information, graphics, design, compilation, computer code, products, and software. Nothing in these terms and conditions affects the ownership rights in this intellectual property.

(e)  All trade marks displayed on Pocket Ping are owned by Pocket Ping, its related bodies corporate or third-party licensors.

(f)  Except as expressly permitted by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of Pocket Ping or any part of Pocket Ping except as permitted in these terms and conditions.

7.Limitations

(a)  The speed at which information can be exchanged (including location information) through Pocket Ping is subject to network availability and handset capabilities.

(b) Pocket Ping should not be relied on in emergency situations, and is not a substitute for proper adult supervision of children or other vulnerable people such as sick or elderly people.

(c) You should not accept an invitation from someone unless you know the person and feel comfortable with them knowing your location.

(d) We provide you with the software without making any warranties or representations, including, to the extent permitted by law, any implied warranty or representation in relation to the merchantability or fitness for purpose. No support services are offered by us for this beta version.

8.Third party web sites and materials

(a)  Pocket Ping may include links to other web sites or services (including social network web sites) solely as a convenience to users. Pocket Ping does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. We do not make any express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk and subject to those sites' terms of use.

(b) If your settings permit, Pocket Ping may collect and present on your Pocket Ping interface information and content uploaded by you on other web sites (including social networking web sites). You are responsible for all such information and content, and must ensure that all such information and content complies with these terms and conditions.

(c) Your correspondence or business dealings with, or participation in promotions of, any advertiser found on or through Pocket Ping are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Pocket Ping.

9.Charges

Pocketweb Ltd does not charge you for using the Pocket Ping service. However

(a) your network provider or Internet Service Provider may charge you for the data downloaded or uploaded; and

(b) (b) when the release version of Pocket Ping is launched, Pocketweb Ltd may charge you for use of the release version. You should check the then-current terms and conditions for details.

10.Amendments to Terms and Conditions

We may amend these terms and conditions from time to time without notice to you. You agree that these amendments will be binding between us and you within 14 days of the amendments being made.

11.Governing law

These terms and conditions are governed by and are to be construed in accordance with the laws applicable in New Zealand. You and we irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts exercising jurisdiction in New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.