These subscription terms and conditions are current as of November 10, 2021.
1. PREMBULE - IDENTIFICATION OF THE COMPANY
1.1. These General Conditions of Use (hereinafter '' CGU '') are proposed by Rocket Digital Group Korlátolt Felelősségű Társaság (hereinafter the "Company"), whose head office is located at 1054 Budapest, Honvéd utca 8. 1. em. 2, Hungary. The purpose of these Terms is to determine and define the terms and conditions under which the customer (hereinafter the "Customer") is authorized to use the geoloc.be site and all the pages attached thereto (hereinafter the "Site"). internet ") and the services offered therein (hereinafter the" Services ").
1.2. The Company can be contacted by e-mail at [email protected]
, by chat via the dialogue box available on the Website or by phone at 0 800 912 166 from Monday to Friday from 9am to 7pm, and the Saturday from 10h to 15h (France time).
1.3. The Company is the owner and publisher of the geoloc.be Website. The Website is hosted by Amazon Web Services, a U.S. corporation located at 1200 12th Avenue South Suite 1200, Seattle WA 98114.
For the purposes of these GCAs, terms entirely capitalized or with the first letter capitalized, whether used in the singular or plural, shall have the following meaning:
"GTC" shall mean these General Terms and Conditions of Subscription.
"Company": means the Company that publishes and owns the Website.
"Professional Partner": means all the professionals and all types of experts independent of the Company, having assisted the Company in the creation, implementation and optimization of the Services.
"Website": means the online electronic service published by the Company, accessible at geoloc.be
as well as all the pages and url's attached to it and all its variations.
"Services": means the services provided by the Company on the Website as described in Article 3 of these GTC.
"Customer": refers to any individual of legal age, or any legal entity, using the Services offered on the Website or having subscribed to the Subscription Services by creating a Customer Area. It is specified that any stipulation in these GTC that is not enforceable against individuals under the regulations in force shall apply only to professionals.
"Customer Space": refers to the personal space made available to the Customer when registering for the Subscription offer on the Website. This Customer Space is accessible online on the Website using a unique identifier and password provided to the Customer by the Company at the time of registration. The Customer may update his password from his Customer Area, which is accessible on the Website under the heading "My account".
"Geolocation": means the action of locating the current position of a person who agrees to be located. The Service allows for the sending of an SMS to the recipient to indicate that the Customer wishes to know his or her location. If the receiver of the message expressly accepts, the recipient's location is shared with the Customer. The geolocation will in no case go beyond the moment when it was agreed.
"Lost and stolen assistance": refers to all the documents, tutorials, screenshots and explanations that are made available to the Customer on his Customer Area.
"Online assistance": refers to all the assistance services for managing the account, subscriptions, and procedures for lost or stolen telephones that the Customer benefits from via the Customer Service.
"Customer Service": refers to all the operators who can assist the Customer with any request by means of a telephone exchange, e-mail or on the chat window.
"Subscription": means the monthly paid subscription to which Customers have the option of subscribing on the Website. The Client subscribes to the Services for a fixed period of thirty (30) clear days from the date of confirmation by the Company of the creation of its Client Area. This subscription will be renewed by tacit agreement for an identical period of thirty (30) clear days each month until the Client cancels. In the context of the promotional offer, the Subscription is taken out if the Customer does not cancel before the end of the Trial Period
"Trial Period": means the forty-eight (48) hour period during which the Customer has unlimited access to the Services on the Website without being charged the price of the Subscription. The said Trial Period is systematically included in the context of a promotional offer.
"Promotional Offer": means free and unlimited access to the Services offered on the Website for the duration of the Trial Period. The Customer's registration to the Promotional Offer automatically leads to the subscription to the Subscription. The Promotional Offer allows the Customer to try the Service free of charge before taking out the Subscription.
3. GENERAL AND CUSTOMER CONSENT
The Company provides to Customers on the Website the Services as described in Section 4. To purchase and/or subscribe to the Services, the Customer will follow the process steps indicated on the Website. He will fill in all the fields allowing him to be identified, to choose the Services as well as the payment methods.
Before using the Website, the Customer must ensure that he/she has the technical and computer resources to use the Website, and that his/her browser allows secure access to the Website. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.
By using the Website and resorting to the Services, the Customer acknowledges and confirms having read, understood and accepted in their entirety the present GTC without any reservation.
The Company reserves the right to modify these GTC, which will take effect as soon as they are published on the Website and will be applicable to any new single Purchase or Subscription on the Website. Any modifications shall have no effect on single Purchases or Subscriptions made on the Website prior to their publication, which shall remain subject to the GTC as accepted by the Customer at the time of validation of each purchase. The Customer is invited to take note of the General Conditions each time he/she uses the Services of the Website, without it being necessary to formally inform him/her of them.
The Company is a technical service provider which manages a technical and software infrastructure and which makes available to Customers on its Website a Geolocation solution, a Lost and Stolen Assistance and an Online Assistance.
The Company, nor any of its officers, employees and Professional Partners, in accordance with applicable regulations:
- Is not a telephone service provider,
- Does not guarantee the feasibility or accuracy of Geolocation requests,
- Does not collect information without prior consent,
The Company shall in no event be liable for any omission, inaccuracy or error in the Geolocations or the documents for the Lost and Stolen Assistance that the Company markets and that would cause direct and/or indirect damage to a user or any other person.
The Customer acknowledges that:
- Geolocation requests are generated as a result of the Client's action and they are not subject to any work supervision and modification by the Company, its managers, employees or Professional Partners,
- Any person must give prior consent before sharing their Geolocation information,
4. DESCRIPTION OF SERVICES AND SUBSCRIPTION
The Company offers a no-commitment subscription service that gives its users access to additional services that are not available (or incur additional costs) to regular customers. These services include 5 geolocations per day and privileged access to our guides and online support. If you are a new customer, you can sign up for a trial period that is automatically renewed but can be cancelled at any time during the trial period. You can cancel your paid subscription, or prevent the conversion of your trial period to a paid subscription at any time from your account or on the cancellation page. Please note: Any cancellation of the service will immediately terminate your member-only privileges. If your trial period has ended without your knowledge, your subscription fee can be refunded in full upon request to our customer service. This is only possible if you have never used any of the services associated with the subscription, whether it be geolocation, consultation of our guides or any other service. Conversely, if you have already used your subscription during the trial period, a geolocation, a consultation of our guides or any other service, the Company is not obliged to refund the subscription fee.
4.1. Subscription Services:
4.1.1 Geolocation: the Customer may make 5 Geolocation requests per day, every day for the duration of his subscription and for any type of telephone number. Once the Geolocation requests are accepted, the Customer can see all his requests in a Geolocation history: status and results of the Geolocations. The Customer can also consult the addresses that come out of the Geolocations on a map.
4.1.2 Lost & Stolen Assistance: a set of documents, tutorials, screenshots and explanations that are made available to the Customer on his Customer Area to find a lost or stolen cell phone.
"Online assistance": all the assistance services for managing the account, subscriptions, and procedures for lost or stolen phones that the Customer benefits from through the Customer Service. When subscribing to a Subscription, the Company provides the Customer with a Support Service with Advisors available by telephone, chat and e-mail for any questions or queries about the Website and the Services. The Customer may contact the Advisors from Monday to Friday from 9am to 7pm, and on Saturday from 10am to 3pm (French time). The Company will do its best to respond to Customers as soon as possible.
5. ENFORCEMENT AND OPPOSITABILITY OF GTC
5.1. The purpose of these GTCs is to define all the conditions under which the Company markets the Services as offered for sale on the Website to Customers. They therefore apply to all subscriptions for monthly Subscriptions and one-off purchases of Services by the Customer.
5.2. The Customer acknowledges and confirms that it has read, understood and accepted these GTC in their entirety without reservation prior to any single Purchase of Service or Subscription subscription on the Website.
5.3. The subscription of a Subscription or the single Purchase of a Service is therefore worth accepting these GTC.
5.4. Any condition to the contrary imposed by the Customer, in the absence of express acceptance, shall be unenforceable against the Company, regardless of when it may have been brought to its attention.
5.5. The fact that the Company does not take advantage at a given time of any provision of these GTC, cannot be interpreted as a waiver of the right to take advantage at a later date of any provision of these GTC.
6. PRICE AND PAYMENT TERMS FOR THE ORDER
6.1. The prices are mentioned on the Website in the descriptions of the Services, in euro EUR all taxes included.
6.2. The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates the Order, fills in and validates his/her billing details and proceeds to payment. This total amount is indicated in euro EUR including all taxes.
6.3. Any Order on the Website is payable in euro EUR. The full payment must be made on the day of the Order in case of a single Purchase of a Service.
6.4. The subscription to a monthly Subscription implies an authorization to debit the Customer's payment method at the time of the Order within the framework of the Promotional Offer. The first monthly payment is due at the end of the Trial Period of the same Promotional Offer. In the case of a Subscription without a Promotional Offer, the first monthly payment shall be made upon validation of the Order by the Customer.
6.5. The Website uses a secure payment system through a service provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The credit card transaction, carried out between the Customer and the secure system, is therefore entirely encrypted and protected. This means that the Customer's bank card number is never disclosed in its entirety to the Company.
6.6. The Client guarantees the Company that he/she has the necessary authorizations to use the method of payment when placing the Order.
6.7. The Company reserves the right to suspend any Subscription or to cancel any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.
7. ASSISTANCE SERVICE
7.1. Following any Subscription or Simple Purchase subscription, the Customer may contact the Company's customer service department to obtain any assistance, clarifications or for any claim.
7.2. The Company's customer service department is accessible from Monday to Friday from 9am to 7pm, and on Saturday from 10am to 3pm (French time).
8. WAIVER OF LEGAL RIGHT OF WITHDRAWAL - CANCELLATION AND REFUND OF A SUBSCRIPTION
8.1. In accordance with Article L.121-25 of the Consumer Code, the Customer acknowledges that the execution of the Services provided by the Company will be completed before the end of the legal withdrawal period and consequently expressly waives its legal right of withdrawal.
8.2. The Customer nevertheless has a period of forty-eight (48) hours from the validation of the Order in the context of the subscription of a Subscription with a Promotional Offer to contact the Company by telephone, chat or e-mail to request the cancellation of any monthly Subscription.
8.3. Exercising the "Satisfied or Refunded" option: The Customer may also request a refund of one or more monthly payments of his Subscription from the Company in the event that he is not satisfied with the Services offered by the Company. The Customer wishing to exercise this refund option shall also contact the Company via telephone, chat or e-mail to request a refund of any monthly Subscription.
8.4. In the event of cancellation of the Monthly Subscription before the end of the Forty-Eight (48) hour Trial Period or in the event of exercise of the "Satisfied or Refunded" option, the Customer will be refunded by the same means of payment used for the initial Order. The Company shall not be held liable in the event of a change in the Customer's bank details since the date of the Order, making it impossible to refund the Customer. In such a situation, the Client is invited to contact the Company in order to agree on another means of reimbursement or to contact his/her banking institution. The Company shall also not be obliged to reimburse the Client if it is proven that the Client is the source of bank fraud, in particular a false declaration of loss or theft of his/her bank card following the purchase of a Service on the Website. In such a situation, the Customer will remain liable for payment of all sums due to the Company.
9. CANCELLATION OF THE MONTHLY SUBSCRIPTION
9.1. Any subscription to a Monthly Subscription by Customer is for an indefinite period of time with no commitment to a specific term. The Customer may terminate his Monthly Subscription at any time by notifying the Company of his wish to terminate by e-mail, chat or telephone or by terminating himself from his Customer Area or on the Website.
9.2 Any termination will take effect from the end of the month of the current subscription which remains due. From the effective date of termination, the Customer will no longer have access to either the Customer Area or the Services.
10. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
10.1. These GTCs shall be governed by and construed in accordance with Hungarian law, without regard to principles of conflict of laws.
10.2. In the event of any dispute arising out of or in connection with the interpretation and/or performance of these GTC, the Customer may elect to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. The Client may in particular contact the Paris Mediation and Arbitration Center. The Customer acknowledges that before undertaking any mediation procedure, he/she must first contact the Company by telephone, chat or e-mail at: [email protected]
in order to assert his/her right to a refund (see 11.3. Exercising the "Satisfied or Refunded" option).
10.3 In the event of failure of this mediation procedure or if the Customer wishes to take the matter to court, the rules of the Code of Civil Procedure will apply.