TERMS AND CONDITIONS (« T&C »)

This website is owned and operated by Mango Web Media Limited, an Irish Limited Company, registered with the Irish Trade and Companies Registry under company number no.652084, having its registered office at Mespil House, Sussex Road, Dublin 4 D04 T4A6, Ireland (« Mobitracker », or « we » or « us »).

1. Object

Mobitracker offers you, as a Member, access to a geolocalisation service accessible at www.mobi-tracker.net (“ Website ”), which as a Member, you can use the geolocalisation service at your convenience, according to your particular needs.

You will also benefit from a telephone hotline specialized in computers and other home appliances and which will help you use our geolocalisation service. But you will perform any manipulations, actions and activities under your sole responsibility on your household appliances and computer, our Services being only limited to assistance and not to interventions themselves.

These T&Cs govern your access to and use of the Website and its Services. By using the Website, you unreservedly accept all of these terms and conditions.

By opening an account on the Website, you must tick a box, and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you and Mobitracker.

Please read the following carefully. If you do not accept these T&Cs, do not use the Website. We may amend these T&Cs at any time by posting an updated version to this web page and notifying you before the amended T&Cs take effect.

To improve customer experience, we may also modify, without prior notice, the structure and design of our Website, as well as some Services or content.

Definitions

In this document,

Account” means the account that you have to create to become a Member and access the Services offered by the Website.

Customer Area” is your personal and dedicated space, where you can access the Services and Geolocalisation Services.

Applicable Laws” as the meaning ascribed to it in Section 16.

Member” means any natural or legal person having an Account on the Website.

Services” means all products, services, content, features, technologies or functions delivered by us via the Website including, but not limited to, geolocalisation, telephone technical assistance.

Storage” and “Store” means the service of storage of Manuals on the Website.

2. Opening an account

A. Conditions

You must be 18 years or older. You must be 18 years or older to use our Services, which you must certify, if applicable, when opening an Account.

If applicable, you must have authority to bind the company you represent. You confirm that you have authority to bind any business or entity on whose behalf you use the Services, and that business or entity accepts these T&Cs.

B. Creating an Account

The Website allows Members to register and then have access to the geolocalisation service. You cannot use our geolocalisation service if you are not registered, without first opening an Account and become a Member.

To create your Account, you have to complete the mandatory fields in the registration form (by giving your surname, first name, telephone and email) and we will send you a password via email. You must also have read and accepted these T&Cs and our Privacy Policy.

C. Accuracy of Account Information

You warrant that your Account contains accurate and true information, and that you will update it, as needed.

D. Password

You are responsible for keeping your Account password confidential. You agree to inform us if you become aware of any unauthorized use of your Account or a security breach, such as loss or theft of your login information.

3. Services

The Website is an online platform on which, as a Member:

  • you may create a Personalized Space on the Website, from which you can use our geolocalisation service;
  • you will be able to benefit from a telephone hotline specialized in computer and other home appliances and which will be able to assist you in our geolocalisation service. You will also be able to communicate and exchange with Mobitracker, by email and chat.

4. Member Rules of Conduct on the Website

There are certain rules that apply to Members. When using our Website, you agree:

  • not to infringe the rights and image of Mobitracker and its affiliated entities, including their intellectual property rights;
  • not to open an Account in the name of a person other than yourself ;
  • not to use any device, software or other element likely to interfere with the proper operation of the Website or whose object is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and
  • more generally, not to act in a way that violates the Applicable Law(s) or breaches these T&Cs.

5. Payment of Fees

To access the Services, you must pay the amount of the monthly subscription for Services (the « Subscription »), or only the amount of the trial offer, as described on the Website. The prices of Subscriptions are indicated on the Website, in euros (€) TTC (All taxes included) and they take into account the amount of VAT applicable on the day of the Subscription.

Any Subscription to the Services will continue for an indefinite period from the date of Subscription. A Subscription is cancellable at any time.

Mobitracker reserves the right to change the amount of the Subscription and of the trial offer. You will be informed of such change at least 10 days before the end of your Subscription period, and you will then have the freedom to not renew your Subscription.

The Subscription and the trial offer fees are payable in advance, and automatically charged to the payment method indicated on the Website. In the event of non-payment Mobitracker will present the payment again and, in the event of further non-payment, will be able to terminate the Services immediately without compensation, but without prejudice to the right to claim payment from you for any amounts due, and any indemnification for damages suffered by Mobitracker as a result of such non-payment.

6. Intellectual Property Rights

This Website is controlled and operated by Mobitracker and its affiliates.

Our proprietary software, and the other materials on the Website, including copyright, logos, trademarks, trade names, images, text, illustrations, audio, video files as well as the selection, coordination and arrangement of such materials (“ IP Rights ”), are protected by copyright and, trademark law and constitute intellectual or industrial proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us.

It is strictly prohibited to reproduce, copy, modify or otherwise manipulate any content on the Website, in whole or in part.

Any use or exploitation of the Website, and its content, not permitted by these T&Cs is strictly prohibited.

By becoming a Member, subject to these T&Cs relating to the owners of the IP Rights in the Manuals (see below), Mobitracker grants you a non-exclusive, revocable, personal and non-transferable license, to use the Website, worldwide, for your personal and private use, on a non-commercial basis and in compliance with these T&C’s and the purposes of the Website.

The license granted to you will terminate in case of improper use of the Website and its contents.

All new versions, updates or changes to our Website, Services or related content shall be subject to these T&Cs. Mobitracker reserves all rights not expressly covered by these T&Cs.

In no event may use of the Website permit you to reproduce or publicly disseminate or to transfer, sell, rent or lend, partially or wholly, or to make available, other than in accordance with these T&Cs, the contents of the Website.

Mobitracker and its affiliates do not claim, either for you, any third party, or themselves, ownership of any IP Rights in the documents included in the data base you may have access to as a result of the acceptance of these T&Cs.

7. Role of Mobitracker / Limitation of liability

By accepting these T&Cs you acknowledge and agree that Mobitracker does not control in any way the nature, quality and legality of the geolocalisation.

Mobitracker does not in anyway warrant or ensure the accuracy or completeness of any of the Materials or other third party content on the Website. We are not responsible for the use of the geolocalisation. You are solely responsible for the use you make of the geolocalisation and other materials and Mobitracker excludes all liability in this regard, which you acknowledge and agree (without limitation) is reasonable, by your continuing to use the Website.

You agree that you will only sue Mobitracker and its affiliates for damages based on information provided directly by them. If you bring an action against a person or entity other than Mobitracker or its affiliates, you hereby expressly waive any claim against Mobitracker and its affiliates under this action.

8. Account suspension, restrictions of access and termination

You can at any time terminate your contractual relationship with Mobitracker and terminate your Subscription by closing your Account in your Customer Area. The termination takes effect immediately and your Subscription will automatically terminate.

If you breach your undertakings as set out in these T&Cs or if we have genuine reason to believe that the security and integrity of Mobitracker, its Members, or third parties are at risk, we reserve the right to immediately terminate these T&Cs binding you and Mobitracker and close your Account.

When this is necessary, you will be notified of such measure to enable you to respond. Mobitracker will decide, at its sole discretion, whether to lift the measures put in place .

9. Personal Data

We collect and process some of your personal data. In using the Website and registering as a Member, you acknowledge and accept the processing of your personal data in accordance with our Privacy Policy.

10. Operation, availability and functionalities of the platform

We shall try as far as possible to maintain continued access to the Website. However, access to the Website or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.

We reserve the right to modify or suspend all or part of your access to the Website or its features, at our sole discretion, temporarily or permanently.

11. Hyperlinks

Our Website contains links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.

12. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and Mobitracker relating to your use of the Website and the Services.

Mobitracker may modify these T&Cs to adapt to the technological and commercial environment, and to comply with Applicable Laws and the regulatory environment. Any modification to these T&Cs will be published on the Website with mention of the effective date, and you will be notified by Mobitracker before the changes take effect.

13. Right of withdrawal and refund policy

No refund request of a Subscription is permitted if received after the expiration of a period of fourteen (14) days from the first Subscription for the Services.

All refund requests before the expiration period of fourteen (14) days can be made by phone or email through our customer support department. The Customer Support department will answer you within 48 hours, and the refunds will be processed within 72 hours.

14. Applicable Laws and dispute resolution

These T&Cs are governed and construed in accordance with the laws of England & Wales, without prejudice to the application of specific rules related to (i) the general principles of conflict of laws, and (ii) rules of public policy protecting the consumer of the country from which you have access to the Services (the « Applicable Laws »).

If the dispute cannot be settled by mediation, you agree to submit all disputes to the jurisdiction of courts of England & Wales.

Mobitracker shall also retain the right to bring proceedings depending on the nature of the dispute, in the courts of the country of your residence or, where these T&Cs are entered into in the course of your trade or profession, in the country of your principal place of business

15. Effective Date

12/12/2019