These Terms of Use are up-to-date as at 28/08/2017.
1. LEGAL INFORMATION
The Publisher can be contacted by electronic mail at the following address: [email protected] and by telephone on the following non-premium phone number: 8 800 565.890.11.
The Publisher owns and publishes of the Application and https://mobiletracking.app (hereinafter “the Site”)
The publishing manager and managing editor of the Application and of the Site is the Publisher, Mr. Tech Botton.
2. SUBJECT-MATTER
These T&Cs lay down the terms and conditions under which the Publisher authorises the Users to use the Application and the Site.
The Publisher provides an Application to Users enabling them to monitor the activity of their mobile terminal and to locate it remotely, and may also offer other Services from time to time via the Application and the Site.
3. DEFINITIONS
Throughout this document, the following terms, when depicted with a leading capital letter, shall have the meanings that are set out below, whether they are in the singular or in the plural:
“Application”: Shall mean the application for compatible mobile terminals, fully-owned by the Publisher, that is downloadable from the following address: https://mobiletracking.app/help/.
“User Account”: Shall mean the User’s dedicated personal space on the Site.
“User”: Shall mean any person using the Application, the Site and the Services provided by the Publisher.
“Special Terms & Conditions”: Shall mean any special terms and conditions, such as prices, applicable to the provision of specific services, approved by the User and the Publisher.
“Intellectual Property Rights”: Shall mean all proprietary rights and interests of any kind that the Publisher owns or holds under license, and that exist on the date of these T&Cs or arise from same, including those concerning the Application, the Site and the Services, including any invention, idea, improvement, production know-how, technology, production secret, trademark, patent.
“Identifiers”: Shall mean the information concerning Users comprising their identifier and the security password chosen by each User in order to be able to access their Accounts.
“Services”: Shall mean the services provided by the Publisher to the Users via the Application.
“Site”: Shall mean the Publisher’s web site accessible at the following address: https://mobiletracking.app
4. APPLICATION AND ENFORCEABILITY OF THE T&Cs
The User’s use of the Application implies prior acceptance of these T&Cs. The User’s acceptance of these T&Cs by electronic means shall be deemed to have the same effect as a physical signature by the User. By accessing the Site, the User also agrees to be bound by these T&Cs and by all their provisions concerning the Site.
In order to validly accept these T&Cs, Users must have full legal capacity, or failing this, they must have the authorisation of a guardian if they lack the requisite legal capacity, a legal representative if they are minors, or they must hold a representation mandate if acting on behalf of a legal person.
Any installation of the Application and acceptance of the T&Cs on behalf of another User implies the prior express and informed consent of the end-user of the Application. The Publisher shall not be liable for any installation and use of the Application without securing the prior consent of the end-user.
The Publisher may modify these T&Cs from time to time. Prior to the date on which the new terms and conditions come into force, the Publisher shall inform Users who have a User Account about the date on which the new provisions are due to come into force. Should a User fail to respond within one (1) week, the modifications proposed by the Publisher shall be deemed to have been accepted by that User.
Should the Publisher not avail itself of any provision of these T&Cs at any point in time, this shall not be interpreted as being tantamount to a waiver of its right to avail itself subsequently of that provision or of any other provision of these T&Cs.
5. ACCESS TO THE SERVICES
a) Technical prerequisites
Please note that in order to make use of the Application the User must possess the following facilities:
- A mobile terminal running the Android operating system >= 4.1 and having access to the Internet network.
- A computer with the following characteristics: processor speed of at least 1Ghz, at least 256 Mb of RAM, screen resolution of at least 1268 x 768. Web browser required: Internet Explorer 8 / 9 or above, Firefox 4 / 5 or above, Safari 5 or above, Opera 10 or above or Google Chrome.
- A permanent high-bandwidth Internet connection both for their mobile telephone and for their computer, and/or a telephony service.
b) Identifiers and connection
During the installation of the Application, Users are required to key in a valid e-mail address. Users are moreover required to create their identifiers. They should choose a strong password consisting of at least 6 characters comprising at least 3 different types of characters out of the four standard types of characters available (uppercase letters, lowercase letters, figures and special characters) and to change it regularly. Users shall be fully responsible for the choice, the use and any disclosure of their identifiers.
It is the responsibility of the Users to maintain the confidentiality and the security of their identifiers. Users must immediately inform the Publisher about any unauthorised use of their identifiers. The Publisher shall not be liable for any loss or damage arising from a User’s inability to protect his identifiers.
In case of loss, theft, unauthorised use or risk of unauthorised use of their identifiers, Users should modify them immediately and notify this to the Publisher.
6. THE USER’S OBLIGATIONS
The Users undertake to use the Application and the Site in good faith and in accordance with the provisions of these T&Cs, in keeping with the applicable laws. Moreover, the Users must not under any circumstance:
- jeopardise the Intellectual Property Rights of the Publisher and/or of any third party;
- jeopardise the Application and/or the Site, and in particular use a process designed to distort, alter, modify, disassemble any protocols and communications, such as computer viruses, Trojan horses, worms, malicious code, etc.;
- alter or attempt to alter the functionality or the availability of the Application and/or of the Site;
- use the Application and/or the Site for illegal purposes;
- engage in activities that infringe the privacy of other people, such as by stealing the identity of another person;
- modify, intercept or monitor any correspondence or communication that is not destined to them;
- download the Application to the smartphone of a third party without securing the prior informed, express consent of the end-user of the Application.
7. PRICES AND TERMS OF PAYMENT (FOR SERVICES SUBJECT TO PAYMENT)
The Application may be downloaded and installed free of charge by the User. Subject to having accepted the Special Terms & conditions laid down by the Publisher, Users may also access specific Services available in return for payment.
The total price of the order placed by a User shall be stated within the description of the offer(s) selected by the User on the Publisher’s Site, before the User confirms his order and pays. This total price shall be denominated in euros including tax.
The Publisher may modify its prices from time to time; the prices that are displayed shall therefore only being valid on the date on which they are accepted by the User, and shall not necessarily apply to any future transaction. The prices that are stated shall not comprise the cost needed to access the Internet network using the User’s mobile terminal and/or computer.
The User guarantees to the Publisher that he has all the requisite authorisations to use the payment method selected upon placing an order for paid-for Services. The contract between the Publisher and the User shall be validly formed upon confirmation of the order by way of payment, and shall be irrevocably binding upon them
The Publisher shall be entitled to suspend the User’s access to the Application, the Site and/or the Services in case of failure to pay all or part of any sum of money that might be due by the User to the Publisher, in case of a payment default, or in case of fraud or attempted fraud.
8. AVAILABILITY AND INTERRUPTION OF THE SERVICES
Prior to using the Application and/or the Site, Users must ensure that they have the technical and computer equipment and facilities required to use the Application and/or the Site. Users should moreover ensure that the configuration of their hardware and software is suitable and does not contain any viruses.
The Publisher shall implement all the measures required to enable uninterrupted access to the Application, the Site and/or the Services. However, the Publisher hereby disclaims any liability for any interruption of the service due to a breakdown of the internet, bugs or operating errors. The Application, the Site and/or the Services may also be interrupted temporarily for scheduled maintenance operations.
The Publisher also disclaims liability for the unavailability of the Application, of the Site and/or of the Services due to the acts or omissions of a third party or a User that are beyond its control.
9. CUSTOMER SERVICE
For further information or to make a complaint, Users should contact the Publisher’s customer service department as a priority, in order to enable the latter to try to find a solution to the problem.
The Publisher’s customer service department is accessible Monday to Friday from 9am to 12pm and from 2pm to 6pm, and may be contacted as follows:
- By telephone (not charged at premium rates): 8 800 565.890.11
- By e-mail: [email protected]
- By post: Melbourne, Australia
10. INTELLECTUAL PROPERTY
All of the content and elements of the Application, of the Site and of the Services are protected by copyright, trademark law, the laws applicable to drawings and models and/or all other Intellectual Property Rights. These elements are the exclusive property of the Publisher. All of these rights are reserved for the world as a whole.
The name and the trademark of the Publisher, the logos, the drawings and models, any stylised letters, figurative trademarks, and all the signs depicted in the Application and/or the Site are and shall remain the exclusive property of the Publisher. Any use by the User of the company names, trademarks and other distinctive signs belonging to the Publisher shall be strictly prohibited, save with the Publisher’s prior, express consent.
The Publisher hereby grants to the User a non-exclusive right to use the Application, the Site and the Services. This right is strictly personal and cannot under any circumstance be transferred or assigned to any third party. This right is granted for the duration of the User’s subscription to the Application or viewing of the Site, and subject to full payment for any paid-for Services ordered by the User.
Save with the prior express authorisation of the Publisher, the User shall be barred from reproducing the Application, the Site and/or the Services in any way, such as:
- by creating any adaptation that is made available to members of the public at their request or otherwise, by redistributing, publishing, disseminating or publicly disclosing in any way all or part of the Application, of the Site and/or of the Services, or of any elements that are made available to the User by the Publisher and that are protected or likely to be protected by Intellectual Property Rights;
- by extracting or reusing, including for private purposes, a significant part of the content of the databases belonging to the Publisher;
- by extracting or reusing in any way, repeatedly and systematically, including for private purposes, any part, even if non-significant, of the content of the Application, of the Site and/or the services provided by the Publisher.
11. LIABILITY
Within the limits permitted by the applicable law, the Publisher hereby disclaims liability for any detrimental consequences arising from the following circumstances:
- The User’s failure to comply with the instructions for installing, commissioning and using the Application;
- Any disruptions of the telecommunication or electricity networks;
- Any use of the Application and/or of the Site via third party IT equipment or services;
- Any computer intrusions or attacks that are not due to a security failing on the part of the Publisher;
- Any accidents or natural disasters that affect the electricity or telecommunication networks (e.g.: overvoltage, lightning strikes, storms, flooding, dampness, fire, etc.);
- Any force majeure as per the meaning attributed to this term by the French courts;
- Any act or omission of the User;
- And in general, any event that cannot be blamed on the Publisher.
12. RESCISSION
The User may terminate this contract before its term at any point in time without having to provide any justification, at seven days’ notice. Having done so, the User shall be barred from claiming any compensation or reimbursement for any services ordered.
The Publisher shall be entitled to deactivate any User Account that it considers to be in breach of these T&Cs, such as if a User has downloaded the Application onto the mobile terminal of a third party without the latter’s consent. The deactivation of the account shall not be deemed to constitute damage to the User, who shall not be entitled to any compensation or reimbursement as a result.
Upon expiry or rescission of the contract, a User’s User Account shall be deactivated and the data associated with it shall be erased; Users should therefore perform any backups of this data that they may consider necessary.
13. THIRD PARTY LINKS
The Application and/or the Site may contain links to other sites and services that are not published or controlled by the Publisher, which shall not be liable for the operation, the content or any element present in or obtained through these sites.
The implementation of such links or the reference to any information, articles or services provided by a third party, cannot and must not be interpreted as an express or implied endorsement by the Publisher of these sites or of their content.
14. DATA PROTECTION
The User’s use of the Application, of the Site and/or of the Services shall give rise to the gathering and the processing of personal data about the User.
These data gathering and processing operations shall be performed in accordance with the Publisher’s confidentiality policy.
15. NEWSLETTER
a) The Publisher’s newsletter
By ticking the appropriate box, Users agree to the Publisher sending them a newsletter setting out information about its activity, at a frequency and in a form to be determined by the Publisher.
By ticking the appropriate box, Users also agree to receive commercial offers from the Publisher for products and services similar to those ordered.
The Users shall have the possibility to unsubscribe from the newsletter by clicking on the link earmarked for this purpose in each of the newsletters.
b) Partner newsletters
Users who agree to the disclosure of their personal data (such as their e-mail address) to the Publisher’s third party partners, may receive newsletters issued by these partners, whether commercial or otherwise, at the frequencies and in the forms chosen by those partners.
Users may unsubscribe from these newsletters at any point in time by clicking on the link earmarked for this purpose in each of the newsletters issued by the said partners. Failing this, the Users may unsubscribe by contacting the issuers of the newsletters directly.
The Publisher hereby disclaims liability for the content, the data or the form of the newsletters sent by the partners, whatever the damage incurred by the User. Any claim should be raised directly with the issuer of the newsletter.
16. TRANSFER
The rights and obligations of the User under these T&Cs are non-transferable.
The Publisher may freely transfer, assign, delegate or subcontract all or part of its rights and obligations under these T&Cs, within the limits permitted by the applicable law.
17. NULLITY
Should one or more provisions of these T&Cs be considered invalid in application of a law, a regulation or a final ruling by a court or authority with appropriate jurisdiction, they shall be deemed to have been struck out and the other provisions shall remain in force.
18. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These T&Cs shall be governed and interpreted in accordance with Australia law, without taking into consideration the principles of conflicts of laws.
Should any dispute arise in connection with the content, the interpretation and/or the performance of these T&Cs, the User may decide to submit his dispute with the Publisher to a contractual mediation process or to any other alternative mode of settlement of disputes.
The User may for instance access the European platform for the settlement of consumer disputes published by the European Commission at https://webgate.ec.europa.eu/odr/, that lists all of the dispute mediation and settlement bodies that are approved in France.
In case of failure of this mediation process, or should the User wish to bring proceedings before a court, the rules of Australia’s Civil Proceedings Code shall apply.
