Home Introduction Send to phone Downloads Products Screenshots Faq Setup Forums Contact About  
 
 
 
Login
Account/phone no
Password 
Remember me
 
Terms and Conditions
     Term and Conditions
Please read the OTAMate Technology Ltd 'Terms and Conditions' covering all aspects of Service and Use.

Acceptance of Terms and Conditions

These are the general terms and conditions ("Terms") governing your access and use of the content and services offered to you on this internet site ("Site") (whether accessed by you on the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated and maintained by or on behalf of OTAMate Technology Ltd, a company registered in England and Wales (registered number 2304612), whose registered office is BTMC, Challenge Way, Blackburn, Lancashire, United Kingdom, BB1 5QB and its suppliers and partners ("OTAMate Technology"). It is a privately-owned service and your use of and ability to continue to use it is therefore subject to our discretion.

Your use of this Site located at http://www.phonewebcam.com and the Products and Services provided via it ("Phonewebcam") are conditional upon you accepting the following Terms, which may be updated, changed or supplemented by us from time to time without notice to you, and these changes shall form part of these Terms, even if you do not re-visit this page to re-read the Terms. You are responsible for regularly reviewing the Terms. Unless otherwise specified, your acceptance shall be indicated by your use of Phonewebcam. If you do not accept these Terms, you must not use Phonewebcam. Continued use of Phonewebcam following any posted changes will constitute your acceptance of the then-current Terms. In addition, you are subject to any other posted guidelines which are hereby incorporated by reference into the Terms.

Any reference to "you" and "yours" refers to you, the user of the Service. Phonewebcam Users ("Users") are defined as having Roles (for example "Unregistered", "Registered" or "Subscribed") and the use of some of the Services may be restricted to certain Roles (for example, customers subscribed to the Phonewebcam service).

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Users under the age of 18

We are concerned about the safety and privacy of all our Users, particularly children. Phonewebcam is targeted at, and intended for an audience of 13 years and older. If you are under the age of 13 you must not create an account or provide us with any personal information unless you have the consent of a parent/guardian, and it is permitted by applicable law. Furthermore if you are under the age of 18, please ask your parent/guardian to accept these Terms on your behalf before you use Phonewebcam or this Site.

Please remember that Phonewebcam is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether the Service and/or Content is appropriate for your child.

General

In these Terms, Phonewebcam refers to all Products and Services including but not limited to the Phonewebcam Viewer, the Phonewebcam Publisher, the Phonewebcam Explorer, the Phonewebcam Skinner, the OTAMate Service Engine and the Phonewebcam website. All Phonewebcam products (except the Forums) use the same account, and these Terms apply equally to all of them.

The Terms, including any other posted guidelines and amended terms, constitute the entire agreement between you and OTAMate Technology and govern your use of the Service, superceding any prior agreements between you and OTAMate Technology. You also may be subject to additional terms that may apply when you use affiliate services, third-party content or third-party software.

  •   We may delay enforcing our rights under these Terms without losing them.
  •   You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.
  •   You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms without our prior written consent.
  •   We will not be liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.
  •   You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.
  •   The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms.
  •   These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
  •   If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
  •   OTAMate Technology reserves the right at all times to disclose any information as OTAMate Technology deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
  •   These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts.

Distance selling regulations

  1.  You agree that the provision of Services or Content will start as soon as you have completed any necessary registration requirements and you acknowledge that you cannot have recourse to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 to cancel such Content and/or Services once it has been delivered to you.
  2.  This paragraph sets out those items required pursuant to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.
 
•   Identity.
Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms is OTAMate Technology Limited.
•   Description of Goods.
The goods and services sold or provided pursuant to these Terms comprise items either selected from those available on our Site or created by us to your order.
•   Price.
The price of items purchased via the Site shall be the price advertised on the Site at the time of purchase or in any additional terms and conditions and shall include Value Added Tax and any other applicable tax at prevailing rates from time to time, plus delivery costs.
•   Delivery Costs.
All items viewed or purchased using WAP will incur normal operator network charges.
•   Payment.
Payment for any item purchased pursuant to these Terms must be made as specified at the time of placing the order and prior to delivery.
•   Price Validity.
The price of any Content or Service is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
•   Duration of Contract.
Unless otherwise expressly stated, the right and licence to use an item sold pursuant to these Terms is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the item is initially transmitted and the other limitations set out in these Terms.
•   Availability of Terms.
We will make the current edition of the Terms available on the Site for so long as the Service is available (subject to any temporary or unavoidable disruptions to the availability of the Site).
•   Description of Goods.
Language - This contract can only be concluded in the English language.

 

 
Phonewebcam™ © OTAMate Technology Ltd 2002-2011.  Contact.  Privacy Statement.  Terms & Conditions.  Site map.
Operating since Oct 2000, Phonewebcam™ is the first commercial webcam to mobile phone service on the internet.
Phonewebcam™ is a trademark of  OTAMate Technology Ltd.
Application pending with the Patent Office
OTAMate