You are strongly urged to read this Privacy Policy very carefully. By Registering as a user with CELLFLARE, you are indicating agreement with the policies and practices described herein.

CELLFLARE’s Privacy Policy which deals with the collection, use and disclosure of your personal information, conforms to Canadian law. CELLFLARE is an internationally accessible website. If you reside in a country other than Canada , you are requested to respect the laws of Canada which govern CELLFLARE’s practices. The responsibility to act according to the laws of your own country is yours. All information collected by CELLFLARE is stored on our own servers at CELLFLARE’s head office in Toronto, Ontario, Canada.

CELLFLARE is a software program which can be loaded onto cell phones/ mobile devices which have a GPS chip installed, and which permits users to track the geographical location /geocoding information of other users, subject to certain conditions and restrictions. These are:

1. The persons who track/locate others, and who are themselves subject to tracking/locating of their geographical location/geocoding information, must be subscribers of CELLFLARE in good standing.
2. Both parties, that is the person doing the tracking/locating and the person being tracked/located, must be members on each other’s Contact Lists.
3. Both parties must have agreed to be placed on the other’s Contact List.
4. The party being tracked/located must have his or her cell phone/mobile device on and must have the CELLFLARE application running.

CELLFLARE may collect statistical information from your usage of the application for the purpose of improving our services to you, or for identifying new services that could benefit you. CELLFLARE does not make this information available to third parties.

A person’s geographical location/geocoding information at any time is a matter of personal information. By subscribing to the CELLFLARE application, and by agreeing to be placed on someone else’s Contact List, you are voluntarily relinquishing your privacy rights with respect to your geographical location, solely as it concerns the other person you have agreed can place you on their Contact List, and solely at those times when you voluntarily permit access to your geographical location/ geocoding information by having your cell phone/mobile device turned on and by having the CELLFLARE application running.
CELLFLARE does not sell, trade, transfer, rent or otherwise make available to any third parties the information which is collected for your registration as a user with the exceptions as set out below. CELLFLARE does not disclose, sell, rent, transfer, trade or otherwise make available to any third parties information with respect to your geographical location/ geocoding information at any time with the following exceptions:

1. CELLFLARE may disclose information to third parties with your prior consent. This consent may be sought in writing, electronically or verbally, depending on the nature of the reason for requesting the information.
2. CELLFLARE may disclose information to our own employees or to individuals or companies we retain to perform services for us. Our employees and agents are bound by the same privacy rules as CELLFLARE and they may not disclose your information to any third party. Our employees receive regular privacy training.
3. CELLFLARE may disclose your personal information to governmental agencies or law enforcement agencies if requested and if legally required to do so for reasons of crime prevention, personal or public safety. When we receive a request for your personal information by an organization claiming lawful authority, CELLFLARE will take reasonable steps to ensure that the requesting party properly identifies its legal authority.
4. CELLFLARE may disclose your information to a third party who acquires all or some of CELLFLARE’s business through purchase of our assets, merger or consolidation.
5. CELLFLARE may disclose some or all of your personal information to a lawyer representing CELLFLARE for the purposes of collecting a debt, or complying with a subpoena, warrant or other court order.

You have the sole responsibility for protecting your privacy when using the CELLFLARE application. You are solely responsible for maintaining the confidentiality of your password. CELLFLARE bears no responsibility or liability for any consequences, harm, damages or other injury which may result from an unauthorized third party accessing your password.

You understand that by agreeing to be placed on another CELLFLARE user’s Contact List, your geographical location could be tracked by that other person at any time that your cell phone/mobile device is on and the CELLFLARE application is running on that cell phone/mobile device. If you wish to protect the privacy of your location at any time by blocking access even to those on your Contact List, you have three options:

1. You may remove that other person from your Contact List.
2. You may temporarily disable the CELLFLARE application on your cell phone.
3. You may leave your cell phone turned off.

The responsibility for deciding when you agree to have your geographical location/ geocoding information tracked, and by whom, is solely yours. You are the only person who can decide who can locate you using the CELLFLARE application. You are the only person who can decide when you agree to be located and when you do not. CELLFLARE has no liability or responsibility whatsoever for the consequences of any decisions you make in this regard.

Any payments made to CELLFLARE by charge card are processed through a third party merchant services provider. Your credit card information is protected through the use of encryption such as the Secure Socket Layer protocol which makes it difficult for your credit card information to be intercepted or stolen while being transmitted. CELLFLARE recommends that you enter your charge card information or any other sensitive information only on sites specifically designed to accept such information and not through email because the contents of emails may not be as secure.

CELLFLARE may amend the Privacy Policy at any time to reflect changes in technology or to improve the protection we provide for your personal information, and notice of such changes is posted on the CELLFLARE web site to inform you, if and when they occur. Continued use of the CELLFLARE application after such notice of change has been rendered constitutes acceptance of those changes.

1. ACCEPTANCE OF TERMS

Please read the following Terms and Conditions (“Terms”) carefully. In this document, “you” means any person acting on his or her own behalf, or acting on behalf of any other person or entity who subscribes to this service and/or downloads the accompanying software onto any cell phone/mobile device anywhere in the world at any time. “Program” and “application” are words used interchangeably to mean the software which CELLFLARE permits you to download and use when certain conditions have been met.

By subscribing to CELLFLARE, you are indicating your acceptance of these Terms on your own behalf and on behalf of any entity for whom you may act. If you do not agree to abide by all the Terms set out in this document, you should not subscribe to the CELLFLARE program and you should not download the program onto your cell phone/mobile device or onto anyone else’s cell phone/mobile device. You should review these Terms periodically because they are binding on you.

2. CHANGES TO TERMS AND CONDITIONS

CELLFLARE has the right at its sole discretion to add to, remove, modify or otherwise change any part of these Terms in whole or in part, at any time. CELLFLARE may notify you of such changes by email but is under no obligation to do so, if and when they occur. Changes are effective when such changes, modifications, additions or deletions are posted to the CELLFLARE web site. It is your sole responsibility to periodically review the Terms as posted to the CELLFLARE website. Continued use of the CELLFLARE application constitutes acceptance of such changes and of the Terms in their entirety. If you do not accept all the Terms set out in the latest version of the Terms and Conditions, it is your responsibility to immediately cease using the CELLFLARE application.

3. CHANGES TO SITE

CELLFLARE has the right at any time at its sole discretion to terminate, change or suspend any aspect of the CELLFLARE web site without notice and without any liability whatsoever. CELLFLARE may change any fees charged for this service, or any part thereof, at any time for any subscriber. CELLFLARE does not warrant that this web site will continue to operate or operate without interruption.

4. COPYRIGHT AND TRADEMARK RIGHTS

The CELLFLARE. COM web site, including all content, is the exclusive property of CELLFLARE and is protected by Canadian and worldwide copyright and trademark laws. In using the CELLFLARE.COM web site, you agree to comply with all copyright and trademark laws worldwide. You may not modify the contents, or reproduce, display, distribute or otherwise use any of the material of this site in any way for public or commercial use unless expressly authorized in writing by CELLFLARE to do so.  You may not copy, imitate or use in any manner any text, graphics, images, button icons, company name or logo contained on this site unless expressly authorized to do so by CELLFLARE.

The CELLFLARE application is a software program that can be downloaded onto cell phones/mobile devices and used as a tracking/locating device for you and other subscribers to the CELLFLARE website, within the limitations, and subject to the restrictions, as set out below.  Except as permitted by law, you may not use this software for any purpose, other than those set out in these Terms. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the components of this software, in whole or in part.

5. PROTECTION OF CELLFLARE WEB SITE

You may not use the CELLFLARE.COM web site in any manner that could damage, disable, overburden or impair this site. You may not upload, post or otherwise transmit any materials on this site that would negatively impact the functioning of this site, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from CELLFLARE’s web site. Violations of system and network security may result in civil or criminal liability. CELLFLARE does not warrant that it will always be free of viruses or other harmful mechanisms.

6. REQUIREMENT FOR GPS CAPABILITY

Your cell phone/mobile device must have Internet Connectivity and it is your sole responsibility to ensure that it does before attempting to download or use the CELLFLARE application. The CELLFLARE application works on most cell phones/mobile devices that have a GPS chip installed.  It is your responsibility to ensure that your cell phone/mobile device does have GPS capability before attempting to download the CELLFLARE program.  It is your sole responsibility to purchase any Data Plans from your carrier. CELLFLARE is not responsible for any failure of the CELLFLARE program to work because your cell phone/mobile device lacks Internet Connectivity, or because you have failed to purchase a Data Plan from your carrier. CELLFLARE does not warrant that its application will work on all cell phones/mobile devices, or on all cell phones/mobile devices that have GPS capability and Internet Connectivity. CELLFLARE is not responsible or liable for any harm or damages which may result on your cell phone/mobile device from downloading or attempting to download the application onto any cell phone/mobile device, whether that cell phone/mobile device has GPS capability or not.

7. REGISTRATION AND PASSWORD

When you create your account with CELLFLARE, your email address is required as your username on your registration. It is your responsibility to ensure that your chosen username does not deliberately or inadvertently impersonate another person. You may not register an email address which you do not own or for which you do not have the expressed permission of the owner to register.

When you establish your account with CELLFLARE, you are required to provide a password. It is your responsibility to maintain the confidentiality of your password. You may not share your password with any third party for any unauthorized or unlawful purpose or use. You agree to immediately notify CELLFLARE of any unauthorized uses made of your password. CELLFLARE bears no responsibility or liability whatsoever, for any harm or injury that may arise from a third party gaining access to your password for any reason. You are solely liable and responsible for any loss, damage, harm or other injury which may arise from the use of your password by a third party.

You may change your password as frequently as you deem necessary. CELLFLARE does not limit the number of times you may change your password. CELLFLARE strongly recommends that you change your password periodically, but CELLFLARE is not responsible for any consequences which may arise if you do not periodically change your password. The onus to change your password and to protect the confidentiality of your password rests solely on you.  

8. PRIVACY POLICY

By using the CELLFLARE program, you agree to the provisions of CELLFLARE’s Privacy Policy which can be accessed on the CELLFLARE web site. Notwithstanding any of the terms of the Privacy Policy, CELLFLARE may share personal or other information you provide with governmental or law enforcement agencies if requested and required by law.

9. LIMITATIONS ON USE

You warrant that you will use the CELLFLARE program only for lawful purposes. You warrant that you will not permit others to use the CELLFLARE program for unlawful purposes. You warrant that you will not use CELLFLARE in any manner whatsoever, or for any purpose whatsoever, that is harmful to others, or which could be construed as harassment, intimidation or a violation of the privacy rights of others.

10. ACTIVATION

You may download the CELLFLARE program free of charge to your cell phone/mobile device at any time. In order to activate the application, you must create your account with CELLFLARE by registering a username and password, and you must authorize monthly or yearly charges to be deducted from your charge card. Before initiating the activation process, it is your responsibility to ensure that your cell phone/mobile device has GPS capability and that you have a data plan installed.

At any time that payments are in arrears, for any reason whatsoever, the operating system and your web account will automatically deactivate. You may reactivate your account by going through the registration process again and authorizing the required payments.

CELLFLARE endeavours to activate operational use of the application on your cell phone/mobile device within one hour of you creating your account and authorizing the required payment. CELLFLARE does not warrant that the one hour limit will always be met. CELLFLARE is neither responsible, nor liable, for any harm, injury, loss or damage that may result from a delay longer than one hour in activating the application from the time you create your account, for any reason whatsoever.

11. CONTACT LIST

The CELLFLARE program permits you to set up a network of other CELLFLARE users on your cell phone/mobile device with whom you can then share location information about each other on a worldwide basis in real time, subject to certain safeguards and restrictions.  You may include an unlimited number of other CELLFLARE users in your Contact List. The Contact List may include friends, family members, employees, employers, associates, colleagues or any other persons with whom you choose and agree to share geographical location/geocode information. You are permitted to use the CELLFLARE application for safety, personal, social or business reasons, or for any other reason which is lawful.

You understand that a precondition for any user to be included in your Contact List is that all persons or entities within a Contact List must be subscribers in good standing with CELLFLARE. Only persons, or persons acting on behalf of other entities who are registered as subscribers in good standing with CELLFLARE, and who have been selected by you to form part of your Contact List, can be reached by you through this application. You are solely responsible for selecting those persons who form part of your Contact List. You understand that persons you select to be part of your Contact List must agree to be part of your Contact List. CELLFLARE bears no responsibility, or liability whatsoever, for any consequences which may arise from the inclusion of other persons in your Contact List. You are solely responsible for any risk, harm, injury, loss or any liability which may arise as a consequence of including any other person, or person acting on behalf of any other entity, on your Contact List.

You understand that only other users in good standing with CELLFLARE and who have secured your agreement to be included on their Contact List can obtain your geographical location/ geocoding information through the CELLFLARE application.  When a third party wishes to add you to their Contact List, you are required to signify your agreement to be included in that third party’s Contact List. You have the option of withholding or denying agreement in which case neither of you will be able to obtain geographical location/geocode information about the other through the CELLFLARE application. CELLFLARE plays no part whatsoever in soliciting or granting agreement respecting the composition of Contact Lists.

The CELLFLARE application gives you the capability of removing any person on your Contact List at any time. As soon as a person or entity is removed from your Contact List, you may not obtain geographical location information about that person or entity through the CELLFLARE application, and they may not obtain geographical location information about you through the CELLFLARE application. CELLFLARE bears no responsibility for any harm, damages, loss or liability which may arise from your removal of any person or entity on your Contact List. CELLFLARE bears no liability or responsibility whatsoever from your failure to delete any individual or entity from your Contact List. CELLFLARE bears no responsibility or liability which may arise from a third party accessing your cell phone and removing any person or entity from your Contact List.

12. OPERATIONAL CONDITIONS

In order to use the CELLFLARE application to locate members of your Contact List, or for members of your Contact List to locate you, you must be a subscriber in good standing with CELLFLARE. You must:

1. download the software
2. create an account with CELLFLARE
3. have your cell phone/mobile device on
4. ensure that your phone is GPS capable
5. have a Data Plan
6. have the CELLFLARE application running

It is your sole responsibility to ensure that all of the above conditions have been met. CELLFLARE is not responsible or liable for any failure or malfunction of the operational system due to your failure to abide by the above operational conditions. If at any time you do not wish for members of your Contact List to have the capability of locating your geographical/geocode position, it is your sole responsibility to ensure that the CELLFLARE application is not running on your cell phone/mobile device. CELLFLARE bears no responsibility or liability whatsoever for any harm, damage, loss or liability that may result from a member of your Contact List accessing your geographical location/ geocode information anywhere in the world at any time, whether you have activated the application or whether you have disabled it. Any consequences which may arise from members of your Contact List accessing your geographical location / geocoding information at any time, or failing to do so, are solely your responsibility.

In order for the CELLFLARE application to work, the program must be running and the cell phone/mobile device must be on. CELLFLARE has no control over when cell phones/mobile devices are turned on or off. CELLFLARE has no control over the capability of cell phones/mobile devices to obtain service at any place in the world. Any failure to locate a member of the Contact List because the cell phone/mobile device of the other party was turned off, or because the cell phone could not obtain service, is solely your responsibility. CELLFLARE bears no responsibility or liability for any harm, injury, liability or damages or any other consequences that may result from an inability to locate a member of a Contact List for the reason that the other party’s cell phone was turned off, or not able to obtain service, or for the reason that the other person’s CELLFLARE application was not running. 

13. UNLAWFUL USE

You agree to use CELLFLARE only for lawful purposes. CELLFLARE is a company located in Canada and, as such, is designed to comply with Canadian laws. If you are located outside of Canada , you agree that you are responsible for complying with your local laws. CELLFLARE bears no responsibility or liability whatsoever for any use of the CELLFLARE program that may be unlawful in Canada or in any other country or legal jurisdiction. Should you become aware that another party is using the CELLFLARE application unlawfully, you agree to immediately notify CELLFLARE. CELLFLARE will investigate any allegations of unlawful or improper use, and may involve, and will cooperate with, law enforcement agencies in investigating or prosecuting users who are allegedly involved in unlawful uses of the CELLFLARE application. 

14. TERMINATION OF SUBSCRIPTION

CELLFLARE has the right at its sole discretion to terminate your subscription at any time, for any reason, with or without cause, without notice. CELLFLARE bears no liability whatsoever for any consequences which may arise as a result of such termination of subscription.

15. NO WARRANTIES

THE CELLFLARE PROGRAM IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CELLFLARE DOES NOT WARRANT THAT ITS APPLICATION WILL OPERATE ON ALL CELL PHONES/MOBILE DEVICES. CELLFLARE DOES NOT WARRANT THE APPLICATION WILL BE OPERATIONAL WITHIN ONE HOUR OF YOUR CREATING YOUR ACCOUNT. CELLFLARE DOES NOT WARRANT THAT THE APPLICATION WILL OPERATE ERROR- FREE. CELLFLARE DOES NOT WARRANT THAT USE OF THE PROGRAM IS LAWFUL IN ALL COUNTRIES. CELLFLARE DOES NOT WARRANT THAT ITS WEB SITE WILL OPERATE WITHOUT VIRUSES, OR WITHOUT OTHER HARMFUL MECHANISMS. CELLFLARE DOES NOT WARRANT THAT ITS WEB SITE WILL CONTINUE TO OPERATE OR OPERATE WITHOUT INTERRUPTION. CELLFLARE HAS NO CONTROL OVER WHICH PERSONS OR ENTITIES YOU PLACE ON YOUR CONTACT LIST. CELLFLARE HAS NO CONTROL OVER WHICH CONTACT LISTS USED BY OTHER SUBSCRIBERS YOU ARE ADDED TO. THE AGREEMENTS YOU ENTER INTO WITH OTHER SUBSCRIBERS TO BE PLACED ON EACH OTHER’S CONTACT LISTS ARE SOLELY AT YOUR DISCRETION. YOU ARE RESPONSIBLE FOR AND LIABLE FOR ALL RISKS, LIABILITIES OR OTHER CONSEQUENCES FROM USE OF THE CELLFLARE APPLICATION OR CELLFLARE WEB SITE.

16. DISCLAIMER OF CONSEQUENTIAL DAMAGES

YOU AGREE THAT CELLFLARE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER, WHETHER FOR BODILY, MORAL OR MATERIAL INJURY, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, INTERRUPTION TO BUSINESS, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), RESULTING FROM THE USE OF, OR INABILITY TO USE, THE CELLFLARE WEB SITE OR THE CELLFLARE PROGRAM APPLICATION, EVEN IF CELLFLARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ANY EVENT, YOU AGREE THAT CELLFLARE’S AGGREGATE LIABILITY FOR DAMAGES FROM ALL CLAIMS SHALL BE LIMITED TO $100.

17. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF CELLFLARE, ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, INCLUDING ALL THIRD PARTIES MENTIONED IN THESE TERMS, FROM AND AGAINST ALL CLAIMS, ACTIONS AND DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE CELLFLARE WEB SITE AND ITS CONTENT, AND THE CELLFLARE PROGRAM, OR YOUR BREACH OF THESE TERMS AND CONDITIONS.

18. CHOICE OF LAW

CELLFLARE is controlled, operated and administered from its offices within Canada. These Terms and Conditions are governed by the laws of Ontario, Canada. CELLFLARE makes no representation or warranty that materials at its web site, or the application, are appropriate for use at any locations outside Canada. If you use the CELLFLARE application outside Canada, you are solely responsible for compliance with local law. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within , or if no jurisdiction exists, in the Province of Ontario.

19. AGREEMENT

Use of the CELLFLARE application indicates acceptance of and agreement with all paragraphs of these Terms and Conditions, as amended from time to time at the sole discretion of CELLFLARE. It is your responsibility to periodically review the Terms and to review any changes to these Terms that may be made. Continued use of the CELLFLARE application indicates agreement with any changes that may have been made.