Definitions

Service(s), Product(s) and Software: The means of performing HLR/VLR lookups via www.hlr-lookups.com - The service consists of a browser interface, a programming interface, data transmission, data access (as available) and, if applicable, data storage.

VMG: Velocity Made Good Ltd., 1002 Unicorn Trade Center, 127-131 Des Voeux Road, Central, Hong Kong

Internet Service Provider: "Internet Service Provider" or "ISP" is any entity which allows access to the internet or worldwide web.

Agreement or Terms of Service: The "Agreement" or the "Service Agreement" refers to the within electronic document which sets forth the rights of the parties in their entirety.

You and Yours: "You" and "yours" means each user or customer accessing the Service by means of a valid account established by you or using the free service. If you are entering into this agreement on behalf of your entity, the term you in this agreement means your entity and all of its directors, officers, managers, shareholders, employees, agents, members, or other personnel.

Our or We: VMG

Unlawful Activities: "Unlawful activities" includes, but is not limited to, violation of any law or ordinance, engaging in any conspiracy of any type, violation of any international treaty, storing, distributing or transmitting any unlawful material, or attempting to compromise the security of any networked account or site, or attempting to abuse this service by any means.

Most Important:

1. Individual Usage

You may use this service as an individual or as a business entity, corporation, partnership, limited liability corporation, etc. If you are using the service as an individual, you represent that you are over the age of 18 or have parental consent to sign this agreement, when you agree with the statement on our web site registration form: "I agree to the Terms of Service."

2. Usage As A Business or Other Entity

If you are using the service for your business or other entity, you represent that you have the authority to enter into this agreement on behalf of your business or other entity. Upon entering into this agreement you give permission that VMG may mention the company you represent in their product. You can withdrway the permission via e-mail at any time.

3. Binding Terms of Service

Whether you agree individually or on behalf of an entity, you agree to all the terms of this service agreement. This is a binding agreement enforcable by VMG against you, should you breach it.

4. Non-agreement to these Terms of Service

If you do not agree to these terms of service, please do NOT indicate agreement with the statement on our website registration form that states: "I agree to the Terms of Service".

5. General Use of Service

If the laws of the country you reside in prohibit you from using this service don't use it.

Specific Terms and Conditions

1. What we expect from you:

You understand and agree that you are responsible for obtaining and maintaining all computer software, hardware and communications and other equipment required to use the Service.

You understand and agree that you are responsible for paying all third-party access charges such as ISP or telecommunications incurred.

You are responsible for the privacy and storage of the username and password.

You understand and agree that you will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the VMG software.

You understand and agree that you will not modify, translate, or create derivative works based on the VMG software and service.

You understand and agree that you will not rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the VMG software and service.

You understand that unlawful use of the service is strictly prohibited.

You understand and agree that the the VMG software is proprietary. You agree not to publish or disclose to third parties any evaluation of VMG software without VMG's prior written consent.

You acknowledge the right for VMG to suspend or limit your access to it's services should you be in breach of this agreement. You shall indemnify and reimburse VMG all liabilities, costs, losses and damages, in case of any claim brought against VMG from any third party due to breach of contract.

You will not use the Software and the Service for chain letters, junk mail, advertising, spamming in any form or type.

You will only use the Software and the Service for lawful purposes, and in compliance with all applicable laws including, without limitation, copyright, trademark, patent, intellectual property, obscenity and defamation laws, whether statutory or common-law in nature.

You will not use the Software and the Service for any unlawful activities.

You agree to defend, indemnify and hold VMG harmless against any claim or action that arises from your use of the Software and the Service in an unlawful manner or in any manner inconsistent with the restrictions and policies of this agreement.

You will not use the Software and the Service to compete against VMG.

You have additional responsibilities set forth elsewhere in this agreement.

You are entirely responsible for any and all activities that occur under your account. You shall insure that you exit from your account at the end of each session.

You shall notify VMG immediately of any unauthorized use of your account.

You may not allow any third party, related or unrelated, to use your account.

2. What you can and can not expect from us:

We offer you a service to perform HLR/VLR lookups on GSM mobile phones. The utilisation of this service is subject to these Terms of Service.

We grant you an individual, personal, non-sub licensable, non-exclusive and non-transferable license or right to use our service pursuant to the terms and conditions set forth in this agreement and as they may be modified on our web site.

While we make every effort to perform lookups promptly we accept no liability for transmission delays or lookup failures. Delivery of every single lookup cannot be guaranteed.

We will inform you via our web site only of any significant changes to the service or this agreement occur. We do our best to guarantee the continuous availability of this service. However we reserve the right to cancel the service at any time.

VMG performs lookups via telecommunications companies, aggregators and mobile network providers and can therefore only influence the service within the technical constraints imposed by the above mentioned providers.

We debit transmitted lookups according to our transmission logs.

The pricing for the service can be adjusted at any time.

The list of reachable networks by the service can change at any time.

The account balance is non-refundable and does not bear interest. All the credit must be used in a period of twelve months from the date of the purchase.

3. Warranty and Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VELOCITY MADE GOOD LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES; IF YOU ARE ACCEPTING THIS AGREEMENT UNDER THE LAWS OF ONE OF THESE STATES, YOU MAY NOT USE OUR SERVICE.

VELOCITY MADE GOOD LTD. DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS.

4. Limitation of Liability

VELOCITY MADE GOOD LTD.'S LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU IN THE TWO (2) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY.

VELOCITY MADE GOOD LTD. SHALL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THE COST OF ANY SUBSTITUTE PROCUREMENT), FORESEEABLE OR NOT AND EVEN IF VELOCITY MADE GOOD LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE.

4. Support

VMG or its designee, shall provide e-mail support to paid service customers. It has no obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or other support unless there is a separate written contract to that effect.

5. Provision of Contact and Billing Information and Payment of Fees

VMG uses the billing services of third-parties. Your failure to pay a bill may be considered a breach of this agreement, and VMG may terminate service as a result of your breach.

6. Termination

This Service Agreement is a monthly agreement, automatically renewable unless either party requests change or termination.

Either party may terminate this Service Agreement by notifying the other party in writing at least thirty (30) days before the termination date.

VMG, in its sole discretion, may terminate your use of the Service if you fail to comply with this Agreement.

You will pay in full for the Service up to and including the last day of the current billing cycle. To cancel the Service or change the type of service, you must contact us in writing. All such requests received prior to ten (10) days of the end of the customer billing cycle will incur no additional charges. Requests for cancelled or changed service received within ten (10) days of the end of the customer billing cycle may incur one additional month of charges.

VMG will remove the data of an account after termination. VMG may, but is not obligated to, delete archived data. We reserve the right to cease offering the service to no-charge users at any time.

Upon expiration or termination, you will immediately cease all use of the service, including the VMG software and any documentation. Termination is not an exclusive remedy. All other remedies will be available. Your payment obligation will survive termination.

If you are dissatisfied with the Service or with any of our terms and conditions, your sole and exclusive remedy is to discontinue the Service. There will be no refunds of any fees paid.

7. Third Party Links.

VMG may provide links to other internet sites or resources. We have no control over such sites and resources. You therefore agree that VMG is not responsible for the availability and content of other internet sites or resources.

You agree further that VMG does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You agree that VMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Non-Waiver of Additional Rights

This Agreement is between VMG and you. It is not for the benefit of any third party, whether directly or indirectly (including any user accessing the Service by means of an account established by you). The failure of either party to exercise any right provided will not be deemed a waiver of any further rights.

10. Effect of Invalidity of a Provision of This Agreement

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

11. Non-Assignability of This Agreement

This Agreement is not assignable, transferable or sub-licensable by you except with VMG's prior written consent.

12. Applicable Law

THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF HONG KONG WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS THEREOF. YOU AND VELOCITY MADE GOOD LTD. AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF HONG KONG.

13. One Year to Bring a Claim

You agree that any cause of action or claim arising out of or related to this Service and this Agreement must be filed with a court or other governmental agency having jurisdiction within one six months after the cause of action or claim arose. Otherwise, the cause of action or claim is barred.

14. Sole Agreement of the Parties

This Agreement is the complete and exclusive statement of the mutual understandings of the parties. It supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in writing signed by both parties, except as otherwise provided herein. There are no oral agreements or side agreements of any type.

15. Agreement in English

This Agreement and all related documents have been prepared in English with the consent of the parties.

19. Electronic Nature of This Agreement

The parties acknowledge that they have met over the internet, that they have not met in person and have not had any direct telephonic contact, that this agreement has been provided by VMG to the customer over the internet and through the web site, that this agreement has been executed electronically, that there is no hard or paper copy of this agreement, that the parties consent to the manner and circumstances of the making of this agreement, and that said agreement is to have the full force and effect of any agreement prepared in writing.