- find their approximate location (through locating the user's mobile phone);
- connect and share information with other registered Pocket Life 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).
(a) Pocket Life allows a user to:
(b) Pocket Life may be used through users' mobile phones, or via the Pocket Life website.
(c) The following sets out the terms and conditions between each registered Pocket Life user (you), and Pocket Life Pty Limited (us, or we). By becoming a registered user of Pocket Life, you agree to be bound by these terms and conditions.
(a) Pocket Life is available on the mobile phone handset models set out at www.pocketlife.com
(b) Pocket Life may work on the following handset models set out at www.pocketlife.com; however, functionality may be limited on these models:
(c) If you are using the service via a computer, you must have a computer with internet access and web browser.
(d) Pocket Life may be used only by users aged 16 or over.
(b) You can invite another person to become your Friend. That person will become your Friend by registering with Pocket Life and accepting the invitation. Subject to your "Sharing Control" settings your Friends will have access to information(including personal details) uploaded onto Pocket Life by you.
(c) You can also allow your location to be revealed to a Friend by editing your "Who can see me?" settings.
(d) You warrant that the information you provide to Pocket Life upon registration is true, accurate, current and complete, and will ensure that all your information on Pocket Life is and will remain at all times true, accurate, current and complete.
(e) When you register, you will be asked to provide a password. You are responsible for all activities that occur under your password. You must keep your password strictly confidential at all times and notify us immediately of any unauthorised use of your password or if you believe that your password is no longer confidential. We may suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure.
(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. Pocket Life Pty Limited 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.
(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 Life. You can also make yourself invisible to your Friends; this prevents your Friends from seeing your location.
(d) By registering on Pocket Life, 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.
You must not:
- use Pocket Life, including any location information obtained through Pocket Life to stalk, harass, abuse, defame, threaten or defraud other users.
- include or upload offensive or pornographic materials on your personal profile.
- use Pocket Life 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 Life 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 Life 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 Life 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 Life, or any part of it, other accounts, computer systems or networks connected to Pocket Life, 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 Life or any activities conducted on Pocket Life.
- use any robot, spider, scraper or other automated means to access Pocket Life for any purpose without our express written permission.
- bypass measures we may use to prevent or restrict access to Pocket Life or modify Pocket Life in any manner or form
- use modified versions of Pocket Life, including (without limitation) for the purpose of obtaining unauthorized access to Pocket Life; or
- sell or transfer or allow another person to access your account password, profile, or Pocket Life account (including, without limitation, by allowing the person access to your handset or computer while you are logged into Pocket Life).
(a) We grant you a royalty-free, non-exclusive, non-transferable licence, for the duration of the beta-testing period, to use the Pocket Life application for personal, non-commercial purposes.
(b) You may not:
- modify, disassemble, decompile or reverse engineer the Pocket Life software.
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Pocket Life software to any third party or use the Pocket Life software to provide time sharing or similar services for any third party.
- make any copies of the Pocket Life software
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Pocket Life Software, features that prevent or restrict use or copying of any content accessible through the Pocket Life software, or features that enforce limitations on use of the Pocket Life software; or
- delete the copyright and other proprietary rights notices on the Pocket Life software.
(c) If you wish to use Pocket Life after the beta-testing period, you will need to
- download and install the release version of Pocket Life software onto your handset, and agree to the then-current Terms and Conditions (which may require payment of fees); or
- accept then-current Terms and Conditions (which may require payment of fees) before using the release version of Pocket Life on the Pocket Life web site.
(d) Pocket Life Pty Limited owns or is licensed to use the intellectual property in and to the Pocket Life 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 Life are owned by Pocket Life, 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 Life or any part of Pocket Life except as permitted in these terms and conditions.
(a) The speed at which information can be exchanged (including location information) through Pocket Life is subject to network availability and handset capabilities.
(b) Pocket Life 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) This version of Pocket Life is a beta version. 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.
(a) Pocket Life enables you to upload content and materials on the Pocket Life web site, including (without limitation) photographs, location and other information on your "Favourites" (User Content). You are responsible for your own User Content and the consequences of posting or publishing them.
(b) You warrant and represent that you own, or have the necessary licences, rights, consents, and permissions to use, and authorise us to use, all intellectual property rights in and to all your User Content.
(c) You grant us a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, and transferable licence (with a right to sublicense) to use, reproduce, modify, adapt, publish, and otherwise exploit, for any purpose, all User Content.
(d) You acknowledge that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content from other users. We assume no responsibility whatsoever in connection with or arising from any User Content, and will not be liable for any User Content that is inaccurate, offensive, indecent or objectionable.
(e) We reserve the right to edit your User Content if we in our discretion consider it to be in breach of these Terms and Conditions.
(b) If your settings permit, Pocket Life may collect and present on your Pocket Life 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 Life 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 Life.
Pocket Life Pty Limited does not charge you for using the Pocket Life Beta 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 Life is launched, Pocket Life Pty Limited may charge you for use of the release version. You should check the then-current terms and conditions for details.
(a) You can cancel your Pocket Life registration at any time by emailing email@example.com. If you cancel your Pocket Life registration, we will delete your list of Friends and cancel your account. Note: the timing of deletion and cancellation can depend on a number of technical factors.
(b) Pocket Life Pty Limited may temporarily suspend your service, or terminate your registration to Pocket Life, if it considers (in its discretion):
- you to be in breach these terms and conditions
- you are abusing the services, including (without limitation), where you excessively use of any of the Pocket Life services and such use affects or is likely to affect performance of the Pocket Life services, or where you seek location information on one or more individuals unreasonably frequently.
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.
These terms and conditions are governed by and are to be construed in accordance with the laws applicable in New South Wales, Australia. 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.