Terms and Conditions of Kalerion Computing SL ("Kalerion")
for access to Singles Map and location based services
The Terms and Conditions that follow (the "Conditions") regulate your access to the Singles Map and/or use by you (henceforth the "USER") of the location based services of Kalerion in the sections detailed, including any extension, update or modification of these (henceforth "LBS Services "). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, SINCE YOUR ACCEPTANCE BY MEANS OF THE CHECKBOX INDICATED MEANS THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED WITHOUT RESERVATION, SAID TERMS AND CONDITIONS.
FIRST - OBJECT.
1.1. By means of the acceptance on the part of the USER of these
Conditions, Kalerion and the USER establish the legal framework that will
regulate access to the service of the Kalerion Singles Map and the service of
location by cell ID of mobiles in website www.kalerion.com and the ensuing access
on the part of the USER, which will be established in the manner anticipated in
the following agreement.
1.2 The intention of Kalerion is to offer to its USERS a map of their city in which they can visualize in an approximate form where the other USERS are who are connected to the system at the same moment through their mobile phones. It is not the intention to show accurately where any USER actually is. Kalerion only shows user groups in the Singles Map, and will never display an individual in isolation. An individual is considered in isolation when his distance to the Group most proximate exceeds 2 km.
1.3. The basic data contributed by the location based system, and which forms the base of the information used to derive the Singles Map, are the geographical coordinates of the base station that gives service to the mobile device whose location is sought. The precision will depend on the cover radius of this base station and therefore will be variable and dependent on the surroundings, rural or urban. In addition the location data has associated with it a temporal precision. To ensure the correct operation of the location system it is necessary that the mobile unit is switched on and in the zone of cover (at the moment within the UK).
SECOND – PROVISION OF SERVICE CONTRACTED AND ACCESS THEREOF.
2.1. Following the acceptance of the Conditions on the part of the USER, via the checkmark provided, Kalerion will grant the USER access to the Singles Map. As of that moment the USER will have access without limits to the Singles Map, provided he fulfills the conditions of section Four: RIGHTS AND OBLIGATIONS OF THE USER. Kalerion is committed to process location data of the mobile telephone that the USER has registered with it in the website www.kalerion.com, in order to jointly construct the Singles Map with the data of the other users who participate.
2.2. Kalerion reserves the right to update or to review these Conditions, with or without previous notification to the User, for legal reasons or changes in the provisions of the Service. The latest version of the Conditions will be always available in the Web site. In case of modification of the Conditions, the User will be able at any time, if he is not in agreement with the new Conditions, to cancel his membership of Kalerion and thus to terminate his subscription to LBS services. The continued use of the Service by the User once the new conditions have taken effect will constitute acceptance by the user of the new conditions.
THIRD - RIGHTS AND OBLIGATIONS OF KALERION.
3.1. Kalerion commits to combine location data of the mobile phone number facilitated by the USER with the location data of several users who use the same service so that the set of all the data creates a disperses "cloud" that may be displayed on a map of the city in representation of an anonymous group of users. Kalerion commits that it should never be possible to find out or to deduce the location of a specific user by means of the "cloud" as drawn.
3.2. Kalerion is committed to the immediate destruction of all data referring to the location of the USER, once the contract is concluded.
3.3. Kalerion reserves the right to block access to the Singles Map by the USER, if he does not fulfill one or more of the obligations that prevail by virtue of the present Terms and Conditions, or if the USER retracts his tracking consent by way of SMS commands. Additionally Kalerion reserves the right not to provide information on location of other users in the case of the following circumstances or irregularities taking place relative to the line to be located: delay or lack of payment on the part of the subscriber, temporary or definitive robbery, blocking of the telephone by the user, mobile switched off, or existence of two terminals with the same telephone number.
3.4. Kalerion informs the USER that the network operator or Kalerion may periodically send short messages to users reminding them that they are registered in the Service and that they can be located by the Kalerion community, albeit not with precision.
FOURTH RIGHTS AND OBLIGATIONS OF THE USER.
4.1. In order to create the Singles Map the USER authorizes Kalerion to process the location data of the mobile telephone that is registered in his Kalerion profile. The user must inform Kalerion of a change of mobile number, using the Profile Modification section in the page www.kalerion.com, before connecting again to the service with the changed number. In respect of all mobile numbers communicated to Kalerion, the USER must fulfill the obligations of sections 4,2 to 4,7.
4.2. The USER declares and asserts that the mobile telephone numbers facilitated by him belong to him.
4.3. The USER gives his individual and express consent as the proprietor of the mobile telephone number registered in his profile for the treatment of the location data on the part of Kalerion and to be registered in a service that provides the location data of his line through his telephone number.
The consent of the user for the provision of the LBS Services for his mobile will be made in addition by means of SMS activation messages and other automated systems that the corresponding Operator has to this end established (the user must send a text message to the Operator, who will confirm to him by means of a text message to his mobile of his sign-up in the systems of location of Kalerion, assuring that the mobile user is aware of the Service and his registration in it). In order to facilitate a smooth activation process in the systems of the Network Operator, Kalerion may automate the transmission of the text messages from the mobile phone, but always with the express consent of the USER in each step. The USER gives his individual and express consent for the use by Kalerion of this automatic process of registration in the systems of the Operator.
4.4 The USER authorizes Kalerion to pass his name, screen name and mobile number to MX TELECOM LTD for the benefit of the LBS Services. MX TELECOM LTD will act as interface between the Network Operators and Kalerion.
4.5. The USER exempts Kalerion of any responsibility and indemnifies it for any claims derived from any inaccuracy contained within the declarations and statements made by him to Kalerion.
4.6. Furthermore the USER commits to make such payments as may be necessary for the use of the mentioned Service and to abide by the rules for its use which Kalerion publishes online.
4.7. For claims and support the USER should login to his Kalerion account at www.kalerion.com and go to Member Feedback.
FIFTH PRICE AND MODE OF PAYMENT.
5.1. The prices and Conditions of payment applicable to the Service will be those effective in the pages http://www.kalerion.com/afrontend/compraDeCredito.aspx and http://www.kalerion.com/afrontend/Detallefooter.aspx?op=2
SIX - PROTECTION OF DATA.
6.1. Kalerion is the holder of the database generated with the personal data provided by the users as a result of the Service. The USER authorizes the automated treatment of the provided personal data, necessary for the benefit of the agreed services.
The personal information of the registered users is stored in databases belonging to Kalerion that assume the technical, organizational and security measures which guarantee the confidentiality and integrity of the information in accordance with the established Statutory law of Spain 15/1999, of 13 of December, Protection of Personal Character data, and other applicable legislation.
6.2. Any registered user can exert at any time the right to access, to rectify and, as be the case, to delete, his personal data provided to Kalerion through www.kalerion.com, by means of electronic mail to info@kalerion.com or written communication directed to Kalerion. The user remains responsible for the veracity of the data facilitated by him.
NINTH APPLICABLE LEGISLACION AND JURISDICTION.
9.1. These Terms and Conditions are subject to Spanish Law.