Agreement between Mobile Sense Beem and customer account holders for a payment mechanism utilising Beem for the purchase of goods and services.

1. INTRODUCTION

This agreement regulates the relationship between the customer and Mobile Sense using Beem as a method of payment.

2. CUSTOMER OBLIGATION

Before you can use your Beem account the customer must register with Mobile Sense. The customer is responsible for safeguarding the Beem password when using the Mobile Sense service and to notify us of any changes relating to your name, phone number or address.

3. MOBILE SENSE OBLIGATION

Mobile Sense is obliged to store customer details and transaction documentation for 10 years. In the case of a dispute this information will provide documentation to verify the validity of transactions.

4. LIMITATIONS OF USE

A Mobile Sense business account is intended only for the use of transactions between the customer and merchant or their agents who have a commercial agreement with Mobile Sense, and will not cover merchants and users who have not contracted with Mobile Sense.

5. RESPONSIBILITIES AND USAGE

All usage of the Mobile Sense account is the customer's own responsibility, and this includes any loss attributable to the misappropriation of the mobile phone. Mobile Sense will not be held responsible for any incurred loss, except where it can be shown that Mobile Sense acted deliberately to cause such a loss or through gross negligence. Mobile Sense will indemnify against any claims from third parties resulting from the customer's failure to uphold the conditions defined in section 4 (Limitations of use) and section 5 (Responsibilities and usage) of the present agreement. If the Mobile Sense account has not been used for a consecutive period of 6 months, and is in credit we will contact the customer to terminate the account and/or transfer any balance to the customer's bank account or donate to charity. At the present time the maximum balance allowed in a personal Mobile Sense account is £300 within any 30 day period.

6. FEES

The use of the Mobile Sense service and Beem account does not incur any fees unless where otherwise stated. Mobile Sense does not charge to receive or send text messages.

7. TERMINATION

The contract may be terminated with immediate effect by either parties.

8. CHANGES TO THE AGREEMENT

Mobile Sense has the right to change the conditions of this agreement at any time and will be published at www.beemme.co.uk.

9. ORIGIN, DISPOSAL AND PROPRIETARY RIGHTS

Mobile Sense retains all rights to the service including all software and documentation accessed through Mobile Sense which cannot be sold, copied or used in any other way for purposes not intended or agreed to by Mobile Sense.

10. DISPUTE RESOLUTION

Mobile Sense will endeavour to resolve amicably any disputes with the customer. If this is not possible the dispute will be resolved in accordance with the UK legal system.

11. PERSONAL DATA

When registering with Mobile Sense the customer provides personal information which if necessary will be supplied to the nominated merchant selected by the customer to enable fulfillment of the order or service requested.