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Terms And Conditions

Introduction

GSMA recognises that mobile phone fraud & theft is an issue of public policy concern for network operators, consumers and regulatory authorities. To meet the increased challenges posed by the apparent increase in mobile phone theft levels in some jurisdictions, GSMA supports and regularly enhances the provision of stolen handsetdatasharingservicesvia its IMEI Database and collaborates with stakeholders to demonstrate the ability of all stakeholders to work together to combat handset theft. Specifically,GSMA grants web based lookup facilities to a range of third parties (referred to below as "You") who demonstrate an interest and commitment to combating handset theft levels and who agree to the terms of this Agreement.

Provision of Third Party Access to IMEI Database Data

The IMEI (International Mobile Equipment Identifier) Database application provides functionality to support read only access to lost or stolen handset data, the IMEI Black List, to assist with combating handset theft. GSMA is prepared to grant access to the Database and a non-exclusive licence to use certain information contained in the Database on the terms set out below and You agree to be bound by those terms. In consideration for access to the Database You acknowledge and accept that access to the Database is subject to the following terms and conditions:

  1. Grant of Access
    • Access to the Database is granted in accordance with the policy governing such access that is defined by GSMA and its CEIR Technical User Group (CTU6), and approved byits Security Group (56),from time to time. Copies of this Policy may be obtained from the GSMA upon request.
    • You warrant that you are eligible to access the Database in accordance with the definition of parties eligible to access IMEI Black List data set out in Annex A.
    • You shall only be entitled to access the Database once You have completed the appropriate application forms and sponsorship letters (as may be amended from time to time) that are available from GSMA to support the processing of applications for third party read-only access and those forms have been accepted by GSMA. The GSMA shall be entitled, at its sole discretion, to reject any application.
    • You accept that You, and your sponsor, (as defined in the IMEI Database 3rd Party Access Polio/i. may be listed on the GSMA Infocentre for the information of GSMA member networks. The GSMA Infocentre is the GSMAs private member website that is provided for the use of GSMA members only.
    • You, once approved in accordance with the defined criteria, will be issued with an unique User |D(s) and User Password(s} (collectively referred to as the User Credentials). Under no circumstances are the User Credentials to be shared or pooled outside of your organization or affiliate organizations, or misused in any way.
    • You accept that GSMA may inform connected Law Enforcement Agencies that You make use of the Database and that logs of queries You make against IMEIs may be viewed by the Law Enforcement Agency in order to pursue criminal enquiries.
  2. End user Obligations and Payment
    • You undertake to notify GSMA if any provisions exist that deem the IMEI, or any other data supplied by the Database, to be subject to Data Protection legislation or other restrictions.
    • You are responsible for ensuring that you are, at all times, fully compliant with all EU and UK data protection provisions and any other applicable data protection legislation in your country or jurisdiction of usage.GSMA accepts no responsibility for compliance with such provisions on your behalf and that of your associates.
    • You shall ensure that your employees, agents, sub-contractors and affiliate organizations comply with the terms of this Agreement, which apply to all parties.
    • You undertake to pay to GSMA appropriate fees that may fall due, in accordance with the payment terms outlined in Annex C (as amended from time to time), in respect of any rights of access.
  3. OwnerShip
    • The GSMA and the data contributors are the exclusive Owners of all content and data on the Database and save, as expressly set out in this Agreement, no licence or assignment by GSMA and its licensors is granted with regards to ofany intellectual property rights here under.
    • All data contained within the database is deemed confidential. Express prior written consent of GSMA is required before any information from the Database is provided to any third party, including affiliate organizations. Such consent may be withheld at the GSMAs discretion.
    • You may only use GSMAs brand with explicit written permission of the GSMA and in strict accordance with "GSMA Brand Guidelines" applicable from time to time.
  4. Warranty
    • You accept that GSMA, as the custodian of lost or stolen device data, merely provides data pertaining to a range of Device Identity Numbers provided by Operator licensors. The GSMA and its licensors accept no responsibility for the accuracy or currency of Device Check data that it makes available to You. GSMA and its licensors do not warrant and expressly disclaim liability for completeness and accuracy of Device Check data.
    • The services provided under this Agreement and any data associated with it are provided on an "as is" basis without any warranty of any kind. All warranties, whether express, implied or statutory, including without limitation any implied or other warranties of merchantability, fitness for purpose, non-infringement, quality, accuracy, completeness, title or quite enjoyment are expressly disclaimed and excluded
  5. Indemnity

    You indemnify and hold the GSMA and/or Operators harmless, against any claims or actions (including reasonable costs) arising from or related to any action or omission by You under this Agreement.

  6. Liability
    • You acknowledge and agree that you shall have no claim against the GSMA and the Operators in respect to any loss or damage of any nature, which you may suffer or incur in consequence of this Agreement or the services. The GSMA shall have no liability for any loss or damage suffered by You as a result of the exercise by GSMA of its rights hereunder. Except in respect of injury to or death of any person, but otherwise notwithstanding anything else contained in this Agreement:
      1. the GSMA shall not be liable to you for any incidental, consequential, indirect or special damages of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of this Agreement or howsoever caused, whether or not You were advised of the possibility of such damage; and
      2. in no event shall GSMAs total aggregate liability under this Agreement exceed the fees actually paid in relation to the part of the service to which the claim of damages refers. Such sum shall be capped to 100% to the actual payment received by the GSMA from You for the year in which the damage occurred.
  7. Term and Termination
    • This Agreement is initially valid fora minimum period of 12 months ("Term") after which it is automatically renewed unless terminated by either party with 30 days notice to the other.
    • You accept that failure to comply with any of the provisions contained within this Agreement or misuse of information will result in the immediate termination of service to You and no refund of user fees or other compensation will fall due on the part of GSMA. Your obligations to indemnify and hold GSMA and Operator (s) harmless and any confidentiality provisions shall survive termination of this Agreement.
    • The GSMA shall be entitled to terminate this Agreement should You become bankrupt or insolvent or unable to pay your debts as they fall due or being a company passes a resolution for winding up or if a Court makes an order that the company shall be wound up (in either case other than for the purpose of reconstruction) and or if a receiver or manager on behalf of a creditor is appointed or if the Licensee makes any composition or arrangement with or for the benefit of its creditors. On termination of this Agreement, for whatever reason, you shall return to the GSMA all copies of the information and supporting documentation. You shall confirm in writing to the GSMA (in a form acceptable to the GSMA) that this has been done and that all information, to the extent that it is capable of being deleted or destroyed, has been deleted or destroyed
  8. Confidentiality
    • You shall use solely for the purposes of this Agreement and shall keep confidential all information provided to it by the GSMA, which is designated as confidential or ought reasonably in the circumstances be considered confidential.
    • No obligation of confidentiality shall attach to any information, which: (a) is or becomes publicly known through no fault of you; (b) is or becomes known to you from a third party source other than the GSMA without duties of confidentiality attached and without breach of any agreement between the Supplier and such third party; (c) furnished to others by the GSMA without restriction on disclosure; or (d) was independently developed by you. You will not provide the GSMA with any of its confidential information and all information received by the GSMA from You shall be treated as non-confidential.
    • You shall not make any press announcements or publicize this agreement or its contents in any way without the prior written consent of GSMA.
  9. General
    • If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed without effect to the remainder of the provisions. If a provision of this agreement that is fundamental to the accomplishment of the purpose of this agreement to held to any extent to be invalid, GSMA and You shall immediately commence good faith negotiations to remedy such invalidity. Neither party shall unreasonably withhold or delay their agreement to any such matters,
    • This Agreement constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between the parties in relation to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
    • This Agreement shall be governed by and construed in accordance with English law. Each party agrees to submit to the exclusive jurisdiction of the English courts. It is agreed that the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement
    • The Agreement may be executed in any number of counterparts (including a signed and scanned PDF copy), each of which, when so signed and received by the GSMA shall be an original, and all of which counterparts together shall constitute one and the same fully executed instrument

Terms And Conditions

Introduction

GSMA Ltd., ("GSMA") working with cellular operators ("Operators") and other agencies, provides lost or stolen device data sharing services ("Device Check") in order to help combat device theft. GSMA grants web access to Device Check to a range of agencies who are duly authorised by applicable laws to enforce laws or investigate crimes (collectively referred to as "Law Enforcement Agencies") and who agree to the terms of this Agreement.

Provision of Law Enforcement Access to Device Check

Device Check contains information about stolen devices identified by IMEI ("International Mobile Equipment Identifier"), MEID ("Mobile Equipment Identity"), or ESN ("Electronic Serial Number"), collectively ("Device Identity Numbers") which have been provided to GSMA by Operator licensors. Information returned to a Subscriber (as defined below) may include:

  • Whether or not the Device Identity Number is registered as lost or stolen
  • The Operator responsible for reporting the status of the device associated with the Device Identity Number.
  • Historical information about Subscribers who have previously investigated the identical Device Identity Number
  • Date and time of reported information
  • Device description

GSMA is prepared to grant access to Device Check and a non-exclusive licence to use such information on the terms set out below. You represent and warrant that you are a person who is duly employed and authorised by a legitimate Law Enforcement Agency to bind such Law Enforcement Agency upon the terms and conditions set forth below ("You") and accordingly, in consideration for access to Device Check, You agree to be bound by these terms on Your behalf and on behalf of the Law Enforcement Agency you represent.

TERMS

  1. Grant of Access to Device Check
    • The licence to use and access Device Check is granted by GSMA to You in accordance with the policy governing such access defined by GSMA and approved by its Security Group (SG). Copies of this Policy may be obtained from the GSMAupon request.
    • You shall only be entitled to access Device Check once You have verified that You are a representative from a legitimate Law Enforcement Agency, you have agreed to these terms and conditions and GSMA has accepted Your application. Upon acceptance, You shall be considered a "Subscriber" to Device Check. The GSMA shall be entitled, at its sole discretion, to reject any application.
    • You agree that GSMA may disclose Your registration data and your use of Device Check to Operators, other users of Device Check, law enforcement agencies, customs agencies, regulatory bodies, security services and other third parties upon receipt by GSMA of an order of disclosure issued by a court or authority of competent jurisdiction.
    • Once approved in accordance with the defined criteria, You will be issued with a unique User ID(s) and User Password(s) (collectively referred to as the "User Credentials"). You shall not share or disclose User Credentials outside of your organization or affiliate organizations, or misuse them in any way. You accept that there is a limit to the number of User Credentials available to you and that this limit is determined at the sole discretion of GSMA.
    • You agree that GSMA may publish (i) your status as a Subscriber of Device Check to other Subscribers of Device Check; and (ii) the queries You make in Device Check.
  2. Restricted Rights of Use of Device Check
    • You are entitled to use Device Check solely for the purpose of combating and preventing device fraud & theft.
    • You agree that You will not use, or allow or facilitate others to use, any data extracted from Device Check in any way that may be considered injurious or detrimental to GSMA or the Operators or to bring either or any of them into disrepute.
    • You agree that Subscribers other than You may contact You through contact features within Device Check.
    • You can access Device Check from multiple work stations within your organization using the same User Credentials
    • Except where consent is sought and obtained in accordance with Clause 4.2, the licence set out herein is personal to the Law Enforcement Agency who you represent and shall not be;
      1. transferred, novated, sublicensed;or
      2. made available in any other way to any other individual, organizations or groups, either directly or via a third party.
    • You accept that access to Device Check is provided via a web based user interface only and each inquiry requires the input of a valid Device Identity Number.
    • No caching of lookup results or batch downloads of Device Check hosted data are permitted.
    • You may print information but shall maintain the confidentiality of such information by limiting disclosure solely to employees and contractors except where You are required to provide information as evidence under a civil duty or a duty of law.
    • You may enter notes about investigations in Device Check. You consent to disclosure of the fact that you have stores notes, to other Subscribers.
  3. End User Obligations
    • You are responsible for ensuring that You are, at all times, fully compliant with all applicable data protection laws and regulations. GSMA expressly disclaims and accepts no responsibility for Your compliance with such laws.
    • You shall ensure that your employees, agents, subcontractors comply with the terms of this Agreement.
  4. OwnerShip
    • The GSMA and its licensors are the exclusive owners of all content and data provided by Device Check and save, as expressly set out in this Agreement, no licence or assignment by GSMA and its licensors is granted with regards to any intellectual property rights hereunder.
    • All data contained within Device Check is deemed confidential. Express prior written consent of GSMA is required before any information from the Database is provided to any third party, including affiliate organizations. Such consent may be withheld at the GSMA's sole discretion.
    • You may only use GSMA's brand with explicit written permission of the GSMA and in strict accordance with "GSMA Brand Guidelines" applicable from time to time.
  5. Warranty
    • You accept that GSMA, as the custodian of lost or stolen device data, merely provides data pertaining to a range of Device Identity Numbers provided by Operator licensors. The GSMA and its licensors accept no responsibility for the accuracy or currency of Device Check data that it makes available to You. GSMA and its licensors do not warrant and expressly disclaim liability for completeness and accuracy of Device Check data.
    • The services provided under this Agreement and any data associated with it are provided on an "as is" basis without any warranty of any kind. All warranties, whether express, implied or statutory, including without limitation any implied or other warranties of merchantability, fitness for purpose, non-infringement, quality, accuracy, completeness, title or quite enjoyment are expressly disclaimed and excluded.
  6. Indemnity

    You indemnify and hold GSMA,its licensors and the Operators harmless, against any claims or actions (including reasonable costs) arising from or related to any action or omission by You under this Agreement.

  7. Liability
    • You acknowledge and agree that you shall have no claim against GSMA, its licensors and the Operators in respect of any loss or damage of any nature, which you may suffer or incur in consequence of this Agreement or the services. GSMA shall have no liability for any loss or damage suffered by You as a result of the exercise by GSMA of its rights hereunder. Except in respect of injury to or death of any person, but otherwise notwithstanding anything else contained in this Agreement:
      1. the GSMA shall not be liable to you for any incidental, consequential, indirect, punitive or special damages of any kind or for loss of profits or revenue or loss of business whether arising from negligence, breach of this Agreement or howsoever caused, whether or not You were advised of the possibility of such damage; and
      2. in no event shall GSMA's total aggregate liability under this Agreement exceed the fees actually paid in relation to the part of the service to which the claim of damages refers. Such sum shall be capped to 100% to the actual payment received by the GSMA from You for the year in which the damage occurred.
  8. Term and Termination
    • This Agreement is initially valid for a minimum period of 12 months ("Term") after which it is automatically renewed unless terminated by a party.
    • Either party may terminate this Agreement without cause upon 30 days 'written notice to the other.
    • You accept that failure to comply with any of the provisions contained within this Agreement or misuse of information will result in the immediate termination of service to You and no refund of user fees or other compensation will fall due on the part of GSMA. Your obligations to indemnify and hold GSMA and Operator (s) harmless and any confidentiality provisions shall survive termination of this Agreement.
    • The GSMA shall be entitled to terminate this Agreement immediately should You become bankrupt or insolvent or unable to pay your debts as they fall due or being a company, pass a resolution for winding up or if a court makes an order that the company shall be wound up (in either case other than for the purpose of reconstruction) and or if a receiver or manager on behalf of a creditor is appointed or if the Licensee makes any composition or arrangement with or for the benefit of its creditors. On termination of this Agreement, for whatever reason, you shall return to the GSMA all copies of the information and supporting documentation. You shall confirm in writing to the GSMA (in a form acceptable to the GSMA) that this has been done and that all information, to the extent that it is capable of being deleted or destroyed, has been deleted or destroyed.
  9. Confidentiality
    • You shall use solely for the purposes of this Agreement and shall keep confidential, all information provided to You by GSMA, which is designated as confidential or ought reasonably in the circumstances to be considered confidential.
    • No obligation of confidentiality shall attach to any information, which: (a) is or becomes publicly known through no fault on Your part; (b) is or becomes known to You by a third party source other than GSMA without duties of confidentiality attached; (c) furnished to others by GSMA without restriction on disclosure; or (d) was independently developed by You. You will not provide GSMA with any confidential information and all information received by GSMA from You shall be treated as non-confidential.
    • You shall not make any press announcements or publicise this Agreement or its contents in any way without the prior written consent of GSMA.
  10. General
    • Any Notices. All notices required hereunder shall be in writing and shall be considered given when sent: (a) by personal same day delivery; or (b) by commercial overnight carrier with written verification of receipt, to the other party at the address provided during the registration process or any other address or (c) the email address provided during the registration process. If you have not given any contact details, your registered company address and any email received by the GSMA from your company shall be deemed acceptable for the purpose of serving notices to You. GSMA's address for the purpose of notices is 1000 Abernathy Road, Atlanta, GA, 30028, USA.
    • If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed without affecting the remainder of the provisions. If a provision of this Agreement that is fundamental to the accomplishment of the purpose of this Agreement is held to any extent to be invalid, GSMA and You shall immediately commence good faith negotiations to remedy such invalidity. Neither party shall unreasonably withhold or delay their agreement to any such matters.
    • This Agreement constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreements between the parties in relation to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
    • This Agreement shall be governed by and construed in accordance with English law. Each party agrees to submit to the exclusive jurisdiction of the English courts. It is agreed that the provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement
    • The terms contained in this document may be agreed to by inserting a "x" in the relevant web page and the Agreement shall be effective upon acceptance by GSMA.