GENERAL CONDITIONS FOR USING THE SERVICE
"PhoneOnMap"
(hereinafter referred to as „General Conditions“)

I. Introductory provisions

1. These General Conditions regulate providing of the service „PhoneOnMap“ (hereinafter referred to as „Service“) and they set the terms according to which the provider of the service (hereinafter referred to as „Provider“) provides the service. Furthermore, these General Conditions regulate some associated issues.
2. General Conditions can be unilaterally changed by Provider, namely due to extension of the Service, introduction of new functions or services, upgrade of the applications in use and development of the technologies in use. Such a change shall be announced at the internet address: www.phoneonmap.com
3. General Conditions exist in Czech and English language versions. The Czech version shall prevail.

II. Registration of Service user, website „PhoneOnMap“

1. Providing of the Service depends on the registration of a Service user (hereinafter referred to as „User“) at the internet address: www.phoneonmap.com (hereinafter referred to as „Registration“)
2. During Registration User shall enterhis or her email address and choose an access password. User shall protect his/her password and take all necessary steps and precautions against disclosure of the password to a third party. User shall use the Service exclusively for his/her own needs and shall not make it accessible to a third party.
3. Registration shall not include any identification data of User other than the user name. When creating the user name, Provider recommends choosing other words than User’s name, surname, their combinations or combinations of their forms or segments.
4. Registration shall not include any information containing personal data as per Act 101/2000 Coll., Protection of Personal Data Act, as amended (hereinafter referred to as „ZOOÚ“).
5. Result of a successful registration of the Service is creation of a personal account of User (hereinafter referred to as „User Account“), delivery of a code for activation of the Application specified below and making accessible the services and functions of the internet server of Provider at the address: www.phoneonmap.com (hereinafter referred to as „Website „PhoneOnMap“).

III. Installation and using of client application „PhoneOnMap“

1. Client application „PhoneOnMap“ (hereinafter referred to as „Application“) is a set of software tools enabling localization of mobile appliances equipped with supported operating system (hereinafter referred to as „Monitored Appliances“).
2. User is entitled to install the Application only on Monitored Appliances that he/she owns. If Monitored Appliances are used by a person different from the owner, User is obliged to request the approval of this person before installation of the Application, as well as to instruct him/her about the nature of the installed Application and provided Service, and about the possibility to revoke the approval anytime. Owner of Monitored Applicances has the same obligation when making the appliances available to a third party for his/her use or enjoyment (including single-use), regardless of legal cause of such (rent, loan, etc.). Breach of this obligation is a substantial breach of the conditions of Service providing and in this case Provider has the right to take measures hereof.
3. If User loses the approval of the user of Monitored appliances as per art. III, paragraph 2 hereof, User shall immediately terminate using the Service and deactivate the Application.
4. User is not authorized, without the consent of Provider, to interfere in any way with software of the Application nor to enable doing so to any third party, especially as to changing or copying the software.

IV. Specification, price and several terms and conditions of providing the Service

1. Service includes creation of a user account, providing a licence for installation of the Application into Monitored Appliances and providing the right to use the Website „PhoneOnMap“, where Provider makes available internet applications operating with the information of the location of Monitored Appliances, which is sent from Monitored Appliances onto the server of Provider. Availability of the internet applications depends on the current offer of Provider.
2. User shall take in consideration the fact that the Service does not include the transfer of data from Monitored Appliances onto the server of Provider. To ensure the transfer of data, it is necessary to conclude a contract on providing data services between User and a provider of telecommunication services, that provides telecommunication services in the area where Monitered Appliances are currently situated.
3. The information on the location of Monitored Appliances, as well as associated information acquired as a result of using other functions available on the Website „PhoneOnMap“ /such as animation of the path and movement of Monitored Appliances/ (hereinafter referred to as „Information“) is made available exclusively to User, upon his/her log-in under the user name and entering the user password. The information is made available to User via remote access on the Website „PhoneOnMap“.

V. Anonymity, protection of personal data

1. Providing of the Service is completely anonymous and it is carried out under the chosen user name.
2. Provider shall not require, take or in any way handle with identification data of User nor other data related to User and Monitored Appliances, except for the user name of User and position data of GPS defining the location of Monitored Appliances.
3. Provider shall before all never take or handle with the telephone number of Monitored Appliances.
4. Provider hereby declares that, within the context of providing the Service, no personal data of User are required, taken or handled with as per ZOOÚ.

VI. Complaints (Reclamations)

1. In case the provision as per art. VIII, paragraph 2 hereof does not apply and a complaint is not excluded for this reason, it is possible to file a complaint only if its defective providing was not caused by the following circumstances:
   • incorrect use of the Service, namely any breach of the General Conditions, defective installation or non sufficient care or precautions,
   • intentional or negligent conduct of third parties,
   • natural disaster or other unavoidable event, excluding due performance,
   • other circumstances caused independently of providing the Service, i.e. for example defects and drop-outs of the Internet, mobile networks and the network GPS and technologies depending on it,
   • nature of the technology used,
   • improper configuration of mobile appliances for providing the Services,
   • misuse of the Service for other purposes than those intended for the Service.
2. In case the provision as per art. VIII, paragraph 2 hereof does not apply and a complaint is not excluded for this reason, it is possible to file for damages, but Provider is not liable for damage or other injury caused by the following circumstances:
   • incorrect use of the Service, namely any breach of the General Conditions, defective installation or non sufficient care or precautions,
   • intentional or negligent conduct of third parties,
   • natural disaster or other unavoidable event, excluding due performance,
   • other circumstances caused independently of providing the Service, i.e. for example defects and drop outs of the Internet, mobile networks and GPS operators,
   • nature of the technology used,
   • improper configuration of mobile appliances for providing the Services,
   • misuse of the Service.
3. The total liability of Provider for damage caused during providing the Service is limited by the amount of 500 CZK or by the amount corresponding to the User’s payment for the provided Service for the last calendar year, depending on which amount is higher.

VII. Measures in case of breach of General Conditions

1. In case of substantial breach of one or more provisions hereof, Provider shall take one or more of the following measures:
   • immediate termination of providing all services within the framework of Service,
   • deactivation of the Application on Monitored Appliances,
   • other restriction to the Service.
2. In case of breach of one or more provisions hereof and if provision VII paragraph 1 hereof does not apply, Provider is entitled to use one or more of the following measures:
   • immediate termination of providing all services within the framework of Service,
   • deactivation of the Application on Monitored Appliances,
   • other restriction to the Service,
   • warning.
3. Provider is entitled to restrict or terminate providing of the Service if it receives or otherwise acquires information indicating that General Conditions have been breached on the part of User. A measure can be terminated on the part of Provider if User proves that General Conditions have not been breached or that they are not breached any more.

VIII. Stipulation of Provider

1. Provider has the right to unilaterally change the extent, quality and price of the Service, eventually terminate or interrupt providing the Service or its functions, namely due to extension of the Service, introduction of new functions or services, upgrade of the applications in use and development of the technologies in use.
2. Filing for damages or complaints of the Service due to such a change, interruption or termination of the Service is excluded.

IX. Selection of law

1. The legal relationship between the Parties and other relationships hereto connected are governed and interpreted according to the laws of the Czech Republic.

X. Validity and effect

1. General Conditions enter validity and effect on 1 JAN 2009.