Agreement
This agreement sets forth the terms and conditions of your use of the Missing
Persons Index (MPI). In agreement "you" and "your" refers to
client organisations and each information
supplier and "we", "us" and "our" refers to MPI. This agreement explains
our obligations to you and explains your obligations to us. By selecting
our services you have agreed to establish an account with us for such
services. When you use your account or permit someone else to use it
to acquire access to MPI services this Agreement covers such services
or actions. By using the services provided by MPI under this Agreement
you
acknowledge that you have read and agreed to be bound by all the terms
and conditions of this agreement. This Agreement becomes effective when
accepted by MPI. The MPI may elect to accept or reject your registration
application for any reason as its own discretion.
Our Services
MPI provides services which enable client organisations and information suppliers (we anticipate that some organisations will fall into both categories) to supply MPI with information about a missing individual who they wish to trace. Information suppliers will be invited to provide a valid current address for the individual our client seeks. Only the person or organisation who first supply the new current address details of the subject of enquiry to MPI will receive a reward/fee for the valid address supplied. The information that is provided has been from third parties that are beyond the control of the MPI. Whilst MPI aims to maintain a quality fully operative service, the service is provided on an "as is"; as available basis. MPI shall not be held responsible for any misrepresentations made by reward seekers or other information providers, or for any third party loss or damage, direct, indirect, implied or consequential arising from any inaccuracy or incompleteness. Neither shall MPI be responsible for any loss of business, profits or damages arising there from, either in tort, contract, and misrepresentation or similar. For the avoidance of doubt, the information and data contained in any reports which are supplied in connection with thempi.com service are derived from reward seekers and other information providers..
Password Security
You agree that you are responsible for maintaining the confidentiality of your password and account details and are fully responsible for all activities using your password or account. You agree to immediately notify MPI of any unauthorised use of your password or account and agree to exit your account at the end of each session.
Your Obligations and Conduct
- You agree to abide by all laws and regulations applicable to you use of the service and not withstanding the forgoing to comply in all aspects in the Data Protection Act 1998.
- The information and database made available to you is provided solely
for your own use and you will not, without written permission, transfer
or sell or attempt to transfer or sell your access to it or use of
the information, database or website (or any part or facility of it)
or any rights or obligations under this agreement to any other persons
unless;-
- That use is the purpose for which the access has been granted for; or
- It is expressly permitted by MPI in writing.
- During this Agreement you agree not to;-
- Use the website, information or database fraudulently, in connection with or for purpose of a criminal offence, or otherwise unlawfully;
- Attempt to gain unauthorised access to the information, database or website or other networks connected to the website, through any means what so ever; or
- Modify any of the information, database or any part of the website unless authorised in writing by MPI to do so.
Client Organizations-Client organizations, understand that MPI is a service that enables client organizations that have lost contact with their customers or missing people to publish details to the MPI website, they offer a financial incentive by way of rewards for information on the current whereabouts of people whom they seek to contact. Client organizations confirm that they have a legitimate reason for seeking to contact the missing person being sought. MPI shall not be held responsible for any misrepresentations made or for any loss or damage, direct, indirect, implied or consequential arising from any inaccuracy or incompleteness. Neither shall we be responsible for any loss of business, profits or damages arising there from, either in tort, contract, misrepresentation or similar.
Reward Seekers and other Information Providers- understand that MPI is a service that enables client organizations that have lost contact with their customers or missing people to publish details on to the MPI website. Client organizations offer a financial incentive by way of rewards for information on the current whereabouts of people whom they seek to contact. Reward seekers and other information providers may provide information for the rewards offered. All providers of information agree to act lawfully and to comply and conduct themselves in accordance with the Data Protection Act 1998 and all other applicable laws and regulations and agree to indemnify MPI against any action brought by any third party in respect of any misrepresentation made. For the avoidance of doubt, the information and data contained in any reports which are supplied in connection with thempi.com service are derived from reward seekers and other information providers. MPI shall not be held responsible for any misrepresentations made by reward seekers or other information providers or for any third party loss or damage, direct, indirect, implied or consequential arising from any inaccuracy or incompleteness. Neither shall MPI be responsible for any loss of business, profits or damages arising there from, either in tort, contract, misrepresentation or similar.
Fees
Fees due to MPI
In consideration of the services we provide you agree to pay MPI fees which
will where appropriate include any reward element offered. Payment is
due immediately upon delivery of the information to you and is to made
by BACS Transfer or such other method as we may indicate in the registration
application form.
Fees due to information provider
Fees payable to MPI information providers/reward seekers will be paid within
28 days of confirmation of authenticity of the information provided by
BACS or such other method as we may indicate in the reward collection
form.
Account Information and its use
Information you are required to submit
As part of the registration process you are required to provide
certain information and to update this information promptly as it is needed to
keep it current, complete and accurate. The information you are obliged to
provide is the following.
- Your name, postal address, e-mail address, voice telephone number and where available fax number and
- The name, postal address, e-mail address, voice telephone number and where available the fax number of the billing contact's and
- Valid payment information.
You agree and acknowledge that when you register the information you provide is about you and or your organisation, and is voluntary; however not providing any of the requested information may prevent you from obtaining products and services made available by MPI.
Additional information maintained by you
- The original creation date of this Agreement.
- Communications (electronic or paper form) and related correspondence between you and us
- Records of account, including dates and amounts of all payments and refunds.
Ownership of Information and Data
You agree and acknowledge that MPI owns all database, compilation, collections and similar rights, titles and interest worldwide in our database and all information and derivative works generated from the database. The information and database are made available to you are protected by copyright and other intellectual property rights. You acknowledge that you are not permitted to copy, reproduce or modify any such information or database without written permission from MPI.
Limitation of Agreement
You agree that MPI will not be held liable for any access delays or access interruptions to our site or the websites or services you access to connect to our site. Loss or liability resulting from acts of god, data non delivery, mis delivery, corruption, destruction or other modification, events beyond the control of MPI, the processing of the application, loss or liability resulting from unauthorised use or misuse of your account identifier or password. MPI will not be liable for any indirect, special incidental or consequential damages of any kind (including negligence) or otherwise, even in the event that MPI have been advised of the possibility of such damages. In no event shall MPI's maximum aggregate liability exceed the total amount paid by you for the services provided. Our liability to the extent permitted by law.
Force Majeure
MPI will not be liable for failure to perform any obligations under this Agreement if such failure is caused by occurrence of any unforeseen contingency or circumstances beyond the reasonable control of MPI, including without limitations Internet outages, communications outages, fire, flood, war or act of god.
Indemnity
You agree to release, indemnity and hold MPI, its contractors, agents, employees and affiliates harmless from all liabilities, claims and expenses including legal fees or third parties relating to or arising under this agreement the MPI services provided hereunder or your use of the MPI services, including without limitation, infringement by you, or someone else using using any MPI services with your computer, of any intellectual property, or other proprietary rights of any person or entity. If MPI is threatened with legal action by a third party, MPI may seek written assistance from you concerning your promise to indemnify MPI You failure to provide these assurances may be considered by us to be a breach of your Agreement and may result in deactivating access to MPI services.
Termination of Agreement
To terminate your Agreement with MPI you must give written notice one month before the Agreement anniversary (12 months from the original Agreement Date). Failing this, on the agreement anniversary your Agreement will be automatically for a further 12 months, all "Discounted Products" and "Introductory Offers" will be charged at their normal standard price.
Effect of Termination
On termination you must take reasonable steps to delete any information, database's or any part of the website copied to hard disk or other permanent storage device or medium and must not make any further use of such information or database.
Announcements
We reserve the right to distribute information to you that is pertinent to the quality of our services and those of our service partners. These announcements will be predominantly informative in relation and may include notices describing changes, new products or other useful information concerning the services of MPI and our service partners.
Miscallaneous
- If any provision of this Agreement is held to be invalid or unenforceable, such provisions shall be struck out and the remaining provisions shall remain enforceable.
- The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Contracts (Right of Third Parties) Act 1999 shall not apply to this agreement.
- The failure of MPI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such rights. This Agreement constitutes the entire Agreement between you and MPI.