GENERAL TERMS AND CONDITIONS OF SALE AND USE
These General Terms and Conditions of Sale and Use (the "General Terms and Conditions" or the "Contract") are agreed between the company whose information is specified at the end hereof and the User executing these conditions or who has accepted them electronically (hereinafter referred to as "the User" or the "Customer").
The company offers a service for requesting the geographical location of a mobile subscriber, by contacting the owner of the number sought in order to ask for his/her agreement to share his/her exact location and, therefore, to geolocate him/her.
Any use of our service (hereinafter referred to as "the Site" or "our location service"), implies full and complete acceptance by the User of these General Terms and Conditions, it being specified that the User's consent is given electronically via the button "I have read the general terms and conditions and I accept them", which is inserted in the subscription form. In the event that the User does not wish to accept all or part of these terms and conditions, he/she is asked to waive all use of our Location Service.
The applicable General Terms and Conditions are those in force on the date of subscription to the Site by the User. The Company reserves the right to modify the General Terms and Conditions at any time.
These General Terms and Conditions are the property of the Company. Any reproduction, even partial, is strictly prohibited.
The User certifies that he/she is of legal age in his/her country.
ARTICLE 1 PURPOSE
The purpose of these General Terms and Conditions is to specify the subscription terms for subscribing to an offer to subscribe to the Location Service, and for Users' use of the Site.
The Users also undertake to comply with all the rules presented on the Site, which are an integral part of these General Terms and Conditions.
ARTICLE 2 GENERAL TERMS AND CONDITIONS OF SUBSCRIPTION
Access to the Location Service offered on the Site is subject to the User's prior registration for a subscription offer.
Any person registering on the Site must guarantee the truthfulness of the data he/she communicates. He/she undertakes to update his/her information if it changes during the duration of his/her subscription.
To subscribe to a subscription offer, the User must create an account, by entering: an email address and a password, as well as all the mandatory information requested on the Site.
The email address and password constitute the access codes to the Site.
The User is reminded that subscribing to a subscription offer is strictly personal.
Any communication made by the Company is deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received via the email address communicated by him/her when subscribing.
ARTICLE 3 CLAUSES RELATING TO OFFERS
To be able to access the Location Service offered on the Site, the User must first subscribe to a subscription offer.
Access to the Service offered on the Site may be subject to restrictions with regard to certain persons or in certain countries. It is up to the User to check before subscribing that his/her situation allows him/her to use the Service offered on the Site.
ARTICLE 3.1. – Payment terms
In general, the prices indicated by the Company at the time of the order are denominated in the currency specified on the Site's offers page.
The accepted payment methods are as follows: Credit card (BANK CARD, MASTERCARD, VISA).
The User certifies that he/she is indeed the holder of the bank card used for payment or authorised to use it.
In the event of fraudulent payment, the Company reserves the right to prosecute the perpetrator of the fraud and to provide the competent authorities with all the information requested.
In the event of late payment or failure to pay, the Company reserves the right to use a debt collection company, the cost of which will be borne by the User.
The Company reserves the right to give its subsidiaries a mandate to collect the sums paid by the User under the offers subscribed to.
The User is informed that any fraudulent dispute of the payment made will be the subject of a complaint by the Company and is subject to criminal penalties (5 years' imprisonment and a fine of 375,000 euros, pursuant to Article 313-1 of the French Criminal Code).
ARTICLE 3.2. – Presentation of subscription offers
The subscription offers offered by the Company are as follows:
24-HOUR PASS: subscription valid for 24 hours from the time of subscription, at the price of €1.95 excluding tax, then converted upon its expiry into a monthly subscription at the price of €99 excluding tax (the 24-HOUR PASS is valid only once per User and must be terminated before its end by the User himself/herself if he/she does not wish it to be automatically converted into a monthly subscription.
1-MONTH PASS: monthly subscription (30 days) at a price of €99 excluding tax per month;
2-MONTH PASS: bi-monthly subscription (60 days) at a price of €119 excluding tax every two months;
3-MONTH PASS: quarterly subscription (90 days) at a price of €129 excluding tax every three months;
12-MONTH PASS: valid for 365 days at a price of €299 excluding tax.
For all the Offers, the subscriptions are renewed by tacit agreement, under the conditions described in Article 3.3 hereof.
ARTICLE 3.3. – The renewal of subscriptions
Whatever the initial pass subscribed to by the User, it gives rise to a tacit renewal upon its expiry for the same period, itself tacitly renewable within the limit of 12 consecutive months from the first renewal.
The termination of the subscription must be carried out in accordance with the provisions of Article 7 hereof.
ARTICLE 3.4. – Contractual documents relating to subscription orders
Immediately after subscription, the User will receive the invoices relating to his/her orders in his/her personal space on a durable medium (PDF). He/she will thus have the ability to view them and save them on his/her own device.
ARTICLE 3.5. – Right of withdrawal
The User has a withdrawal period of fourteen days (14) from their registration for the offer subscribed to without having to give a reason. However, in accordance with Article L 121-21-8 13° of the French Consumer Code, the right of withdrawal does not apply, in particular, to contracts for the provision of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer's agreement and express waiver of his/her right of withdrawal. Thus, by accessing the service before the end of the aforementioned fourteen-day period (14), the User expressly waives his/her right of withdrawal.
ARTICLE 4 PERSONAL DATA
The Site's privacy policy is accessible from the site's home page.
ARTICLE 5 LIABILITY
ARTICLE 5.1 LIABILITY OF THE COMPANY
The Company declines all liability relating to the direct or indirect consequences of the User's use of the Site.
The User formally acknowledges and accepts that the Company cannot be directly or indirectly held liable for any reason whatsoever, for damage:
Related to an interruption of the Site beyond his/her control and /or motivated by any improper conduct on the part of the User, misuse of the Site by the User, or non-compliance by the User with these General Terms and Conditions;
Related to the loss of data present on the Site suffered by a User;
Related to any fault, negligence or omission of a third party over whom the Company has no power of control or supervision;
Related to a request for temporary or permanent interruption of the Site from a competent administrative or judicial authority;
Related to a failure of the transmission networks;
Related, in general, to a case of force majeure.
Access to the Site is open 365 days a year, 24 hours a day, 7 days a week, with the exception of cases of force majeure, technical and/or IT and/or telecommunications difficulties and/or maintenance periods.
The Company strives to collect and publish accurate information, which is regularly updated. However, it cannot guarantee that the information obtained through the Service will be free from errors or omissions.
In the absence of the agreement of the owner of the mobile number sought, the Company cannot be held liable: it must be considered as having fulfilled its obligations to the User. The Company's only obligation is to send the request for a location-sharing agreement to the number indicated by the User.
In the event that the Company is held liable by a User of the obligations incumbent on him/her under the terms of the law or these General Terms and Conditions, the User undertakes to guarantee the Company against any conviction pronounced against him/her, this guarantee covering the legal fees and costs that may be charged to him/her.
Finally, it is possible that, due to an administrative or judicial decision, the Company may be forced to interrupt or delete access to the Site, which the User acknowledges and accepts.
ARTICLE 5.2 LIABILITY OF THE USER
ARTICLE 5.2.1. – Regarding the User's access to the Site
The User declares that he/she has a subscription with the Internet service provider of his/her choice, and is solely responsible for his/her Internet connection. As a result, the Company cannot be held liable in the event of inaccessibility of the Site due to a faulty connection.
The User declares that he/she has access to the equipment and the Internet browser to enable access to the Site, in their latest version.
The User acknowledges that the connection fees are his/her responsibility.
ARTICLE 5.2.2. – Regarding the User's access codes
The User is informed that the access codes allowing him/her to access the Service are personal and confidential and that he/she is responsible for their backup.
The User is therefore prohibited from communicating his/her access codes to third parties. These access codes can only be changed at the User's request or at the initiative of the Company, subject to informing the User in advance.
The use and preservation of access codes is the sole responsibility of the User; the Company will not be liable for any loss or damage resulting from the User's failure to comply with these requirements.
The User alone will bear the consequences that may result from use by third parties who may have become aware of them.
In the event of loss or theft of his/her access codes, the User undertakes to modify the password or request its regeneration via the procedure put in place by the Company allowing him/her to recover his/her access codes as soon as possible.
The User undertakes to respect the image of the Company and its reputation.
He/she undertakes not to engage in any statements and/or actions detrimental to the Company or its Users.
ARTICLE 5.2.3. – Regarding the User's behaviour
In general, the User is prohibited from disrupting the operation of the Site in any way.
The User is prohibited from impersonating a third party to register on the Site.
The User is prohibited from using this platform for commercial purposes without the Company's express and prior permission. The User undertakes not to carry out illegal activities via the Site.
The User is therefore informed that in the event of non-compliance with these provisions, the Company reserves the right to prevent a User's access to the Site temporarily or permanently.
ARTICLE 6 INTELLECTUAL PROPERTY
The site is the exclusive property of IRLUM MEDIA LIMITED (the Company), registered in the Trade and Companies Register of Dublin, Ireland, under number 763737, whose registered office is located at Pod 2, The Old Station House 15a Main street, Blackrock, Dublin, Ireland A94 T8P8 and/or by one of its affiliates.
The Company is the owner or beneficiary of all the intellectual property rights relating to the Site and in particular all the graphic, audio, textual, and software elements, including the underlying technology, or elements of any other nature, making up the Site.
The User thus undertakes not to infringe the intellectual property rights of the Company and is prohibited, as such, from reproducing, representing, translating, modifying or disseminating, even partially, any element protected by an intellectual property right, unless he/she has previously had the express authorisation.
In addition, Articles L. 342-1 et seq. of the French Intellectual Property Code expressly prohibit:
The extraction, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the content of the databases accessible via the Site, on another medium, by any means and in any form whatsoever;
The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the databases, whatever the form, and
The repeated and systematic extraction or reuse of qualitatively or quantitatively insubstantial parts of the content of the database when these operations clearly exceed the conditions of normal use of the database.
As such, the Publisher specifies that any copies of the elements contained in the Site can only be made for information purposes and exclusively for strictly private use. Any other reproduction or use of the elements of the Site for other purposes is expressly prohibited.
The establishment of hyperlinks to the Site is subject to the express and prior agreement of the Company.
ARTICLE 7 TERMINATION OF THE SUBSCRIPTION
The User may, at any time, terminate the current subscription.
The termination must be carried out [by clicking here on this link] orfrom the site using the login details used to create the account when subscribing. (Email address, password) before the end of each subscription period.
ARTICLE 8 ACCOUNT DELETION
The User may delete his/her account at any time.
The request must be made [by clicking here on this link] or through the site using the login details used to create the account when subscribing. (Username, password, date of birth).
The deletion of the account is final and irreversible. This deletion necessarily leads to the deletion of the User's entire account, including his/her location history, payments, invoices, etc.
The deletion of the account shall de facto result in the termination of the current subscription, without any amount being refunded to the User if a subscription is still valid.
It is therefore up to the User to ensure the performance of the backup of all the data concerning him/her that he/she would like to keep before the deletion takes effect.
Any new access to the Site, once the deletion of the account has occurred, will involve a new registration and the creation of a new account.
In addition, the Company reserves the right to terminate, unilaterally and without notice, the account of a User who does not comply with the current General Terms and Conditions.
This termination will take effect immediately, without prior notice from the Company.
ARTICLE 9 AGREEMENT ON PROOF
The communications, orders and payments made between the Company and the User may be proven through the computerised registers kept in the computer systems of the Company or its partners under reasonable security conditions. Invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 10 WAIVER AND TOLERANCE
It is formally agreed between the parties that any tolerance or waiver by one of the parties in the application of all or part of the commitments provided for in this agreement, regardless of the frequency and duration, could not be considered as a modification of this agreement, or generate any right.
ARTICLE 11 INTEGRITY OF THE CONTRACT
This contract covers the entirety of the parties' obligations.
No indication or document can generate obligations under these General Terms and Conditions if they are not the subject of an amendment signed by both Parties.
No correspondence prior to the signing of this contract may give rise to obligations under said contract.
ARTICLE 12 ASSIGNMENT OF THE CONTRACT
The User acknowledges and accepts the possibility for the Company to assign the contract in whole or in part, binding it to the User to any third party of its choice or entrusting the exploitation, in whole or in part, of its obligations resulting from the contract, binding it to the User, at all levels of its choice. Said third party will be fully subrogated to the Company in the rights and obligations resulting from the contract.
ARTICLE 13 APPLICABLE LAW
The site is operated by the Company IRLUM MEDIA LIMITED (the Company), registered in the Trade and Companies Register of Dublin, Ireland, under number 763737, whose registered office is located at Pod 2, The Old Station House 15a Main street, Blackrock, Dublin, Ireland A94 T8P8 and/or by one of its affiliates.
These General Terms and Conditions are subject to Irish law.
In the event that a dispute arises between the parties as a result of the execution or interpretation of these terms and conditions, they shall endeavour to settle the dispute amicably. Failing this, the parties shall bring the dispute before the competent court.
