TERMS AND CONDITIONS OF USE (« T&C »)
This site is owned and operated by Mango Web Media Limited, a company incorporated under the laws of Ireland with a share capital of ten (10) CAD, registered with the Registrar of Companies of Ireland under number 652084, having its registered office at Mespil House, Sussex Road, Dublin 4 D04 T4A6, Ireland (« Mobitracker », or « we » or « us »).
Mobitracker provides a mobile geolocation service at www.mobi-tracker.net (“ Site ”), which businesses and individuals may, under their own responsibility, use, depending on their particular needs.
The T&Cs govern your access to and use of the Site and Services.
When you open an account on the Site, you will be asked to check a box to confirm that you have read and agree to the T&Cs, which will then form a binding contract between you and Mobitracker.
Please read the following carefully. Do not use the Site if you do not agree to the C&G. We may update the C&G from time to time, and will notify you prior to posting the new version.
We may also change the structure and design of the Site, certain Services or content without notice to you, in order to improve your customer experience.
In this document,
“Account” refers to the account that you must create to become a Member and have access to the Services available on the Site.
“Customer Area” is your personal and dedicated space, where you can access the Services and Geolocalisation Services.
“Applicable Laws” has the meaning given to it in Article 16.
“Member” means any natural or legal person who has an Account on the Site.
“Services” means any products, services, content, features, technologies or functionalities offered to you through the Site, including but not limited to the geolocation service.
“Storage” refers to the storage service of the Documents made on the Site.
2. Opening an account
You must be 18 years or older. You must be at least 18 years of age to access our Services, which you will be required to certify, if applicable, when you open an Account.
You must have the authority to bind the company you represent. You certify that you have the authority to bind the company or entity on whose behalf you are accessing our Services, and that the company or entity fully accepts the T&G.
B. Creating an Account
The Site allows Members to register and benefit from a mobile geolocation service. You will not be able to use the geolocation service if you have not registered, nor will you be able to access the Storage unless you have first opened an Account and become a Member.
To create an Account, you must fill in the required fields in the registration form (including your first and last name and email address), and we will send you a password by email. You will also have to read and accept the present C&G and our Personal Data Policy.
C. Accuracy of Account Information
You certify that your Account information is accurate and true, and you agree to update it as necessary.
You are responsible for maintaining the confidentiality of your Account password. You agree to notify us of any unauthorized access to your Account or any breach of security of your Account, such as loss or theft of your login information.
The Site is an online platform on which, as a Member:
- You can create a personalized space on the Website, from which you can use our geolocation service ;
- You will be able to use a telephone line specialized in our geolocation service.
- You will also be able to communicate and exchange with Mobitracker, by e-mail and chat.
4. Rules of Conduct for Members on the Site
The use of the Site by Members is subject to rules. By using the Site, you agree:
- not to use our geolocation service with the aim of uttering acts of a defamatory, insulting, obscene, pornographic, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inviting violence, discrimination or hatred, encouraging illegal activities, or more generally a content that would be contrary to the rules of morality, or to the purpose of the Site ;
- not to infringe the rights and image of Mobitracker and its affiliates, such as its intellectual property rights;
- not to open an Account in the name of another person than yourself;
- not to use any device, software or other element that may interfere with the proper functioning of the Site, or whose purpose is to destroy, interfere with, intercept or divert any system, data or personal information; and
- more generally, not to do anything that may be contrary to Applicable Laws, and the C&G.
To access the Services, you must pay the monthly subscription fee for the Services (the "Subscription"), or only the trial fee, as described on the Site. The prices of the Subscriptions are indicated on the Site, in CAD including all taxes, they take into account the amount of VAT applicable on the day of their subscription.
Any Subscription to the Service is concluded for an indefinite period of time from the date of its subscription. This Subscription is without commitment and can be cancelled at any time.
Mobitracker reserves the right to modify the amount of the Subscription and the trial offer. You will be informed in advance 10 days before the end of your current Subscription, and will then be free not to renew your Subscription.
The Subscription and trial offer are payable in advance, by direct debit to the payment method indicated on the Site. In the event of non-payment, Mobitracker will represent the payment and, in the event of further non-payment, may freely terminate the Services, without compensation, but without prejudice to its right to claim payment of the amounts due and any compensation it deems to be due.
6. Intellectual Property
This Site is operated by Mobitracker and its affiliates.
Our proprietary software, and the contents on the Site, including but not limited to logos, trademarks, trade names, images, text, illustrations, audio files, video files, as well as the selection, coordination and combination of such elements, are protected by copyright, trademark law, and other intellectual or industrial property rights that are either owned by us or owned by others and for which we have obtained permission from them.
By becoming a Member, you are granted a non-exclusive, revocable, personal and non-transferable license to use the Site, for your own personal use, or that of the company you represent, and in accordance with the purpose of the Site.
Any use or exploitation of the Site, and its contents, other than as permitted herein, is strictly prohibited.
The license granted to you will terminate in the event of any non-conforming use of the Site.
Any new versions, updates or modifications to the Site, Services or related content shall be governed by the T&Cs. Mobitracker reserves the right to assert any rights not expressly granted in these C&G.
7. Role of Mobitracker / Limitation of liability
Members act under their full and complete responsibility.
In particular, Mobitracker cannot be held responsible if the mobile geolocation does not produce the effect desired by the Member, notably because of
- Incorrect information provided by the Member during registration;
- A change in the Applicable Laws, making the mobile geolocation in whole or in part inaccurate, misleading or illegal.
We are not responsible for the use of mobile geolocation, for the lack of results obtained in relation to expectations in the use of mobile geolocation, for any damage caused by mobile geolocation, for any indirect damage such as financial damage, operating loss or moral damage that a Member may suffer as a result of browsing the Site or using the Services.
You agree to sue Mobitracker and its affiliates only for damages based on information provided by them. If you bring an action against any other person or entity other than Mobitracker or its affiliates, you hereby expressly waive any claim against Mobitracker in connection with such action.
8. Account Suspension, Access Limitations and Termination
You may terminate your contractual relationship with Mobitracker at any time by closing your Account in your Customer Area. The deletion will end immediately and your subscription will be automatically terminated.
If you fail to comply with your obligations under the C&G, or if we have good reason to believe that the security and integrity of Mobitracker, Members, or third parties are at risk, we reserve the right to immediately terminate the C&G binding you to Mobitracker and to close your Account.
If necessary, you will be notified of such action to allow you to respond. Mobitracker may decide in its sole discretion to terminate the measures in place.
9. Personal Data
We collect and process some of your personal data. By using the Site and registering as a Member, you acknowledge and consent to the processing of your personal data in accordance with our Personal Data Policy.
10. Accessibility and functionality
We will use our best efforts to maintain continued accessibility to the Site. However, access to the Site and use of certain features may be suspended or interrupted without notice due to maintenance, migration, upgrades, network outages or constraints, or other technical reasons.
We reserve the right, at our discretion, to modify or discontinue any or all of your access to the Site or its features, temporarily or permanently.
Our Site may contain links to other sites. We have no control over these sites, and are not responsible for their content. By clicking on these links, you acknowledge that we are not responsible for the content of these sites, and that we have no specific connection with the persons or entities responsible for these sites.
12. Modification of the T&Cs
These T&Cs and the documents expressly incorporated herein express the entire agreement between you and Mobitracker with respect to your use of the Site and the Services.
Mobitracker may modify these T&Cs in order to adapt them to the technological and business environment, and to comply with the legal and regulatory environment. Any amended version of the T&Cs will be posted on the Site with an indication of its effective date, and Mobitracker will notify you of such changes before they take effect.
13. Right of withdrawal and refund policy
In accordance with the provisions of Article L.221-28 paragraphs 1° and 13° of the Irish Consumer Code reproduced below, and given the nature of the Services consisting of the provision of digital content and/or services to be performed upon payment, Members who are Consumers under Irish law expressly waive their right to withdraw from the Services. However, in the event that the Subscription is for a period of more than fourteen (14) days, a Member who is a Consumer under Irish law may cancel his or her subscription to this Subscription by sending us, within this fourteen (14) day period, a registered letter with acknowledgement of receipt to the following address Suite 214, 15 Ingestre Place, Soho, London W1F ODU United Kingdom.
Article L.221-28 of the Consumer Code, Order No. 2016-301 of March 14, 2016 (excerpts):
"The right of withdrawal may not be exercised for contracts:
1°. Of supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express waiver of his right of withdrawal; [...]
13°. Of the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's prior express agreement and express waiver of his right of withdrawal."
No request for reimbursement may be received after the expiration of a period of fourteen (14) days from the subscription of the Services.
14. Applicable Law, Dispute Resolution
The T&Cs are governed by Irish law, without prejudice to the application of specific rules related to (i) the general rules of conflict of laws, and (ii) the rules of public order protecting the consumer of the country from which you access the Services (the "Applicable Laws").
The T&C thus incorporate by reference, and in particular subject to the reservations set forth in Article 14, the public policy provisions of the Irish Consumer Code that protect consumers.
In the event that a dispute cannot be resolved amicably, you agree to submit all disputes to the competent courts within the jurisdiction of the Paris Court of Appeal.
Mobitracker also reserves the right to initiate, depending on the nature of the dispute, proceedings in your country of residence or, if you have entered into the C&G in the course of a trade or profession, in your principal country of operation.
15. Updated Date
Version 1.0 13/07/2021