These terms and conditions of use are current as of May 10, 2019. 1. PREMBULE - IDENTIFICATION OF THE COMPANY
1.1. These General Conditions of Use (hereinafter '' CGU '') are proposed by Responsive Web Ltd LTD (hereinafter the "Company"), whose head office is located at 20-22 Wenlock Road, London, N1 7GU. 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 ubicelu.com 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 0 805 620 080 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 website ubicelu.com. The Website is hosted by Amazon Web Services, a US corporation domiciled at 1200 12th Avenue South Suite 1200, Seattle WA 98114. 2. DEFINITIONS
For the purposes of these Terms and Conditions, all capitalized terms or the capitalized first letter, whether used in the singular or plural, have the following meanings:
"CGU": means these General Conditions of Use.
"Company": means the Publishing Company and owner of the Website.
"Professional Partner": refers to all the professionals and all types of independent experts of the Company, who assisted the Company in the realization, implementation and optimization of the Services.
"Website": means the online electronic service published by the Company, accessible to the address ubicelu.com, as well as all the pages and url attached to it and all declination of it.
"Services": means the services provided by the Company on the Website as described in Article 3 of these Terms.
"Client": means any capable adult physical person, or any legal person, using the Services offered on the Website or subscribing to the Subscription Services by creating a Customer Area. It is specified that any stipulation of these Terms that is not enforceable against individuals under the regulations in force will be intended to apply only to professionals.
"Customer area": 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 through a unique login and password, provided to the Customer by the Company when registering. The Customer has the possibility to update his password from his Customer Area, accessible on the Website in the "My Account" section.
"Geolocation": refers to the act of locating the current position of a person who agrees to be located. The Service sends an SMS to the recipient to indicate that the Customer wants to know his location. If the message receiver expressly agrees, the recipient's location is shared with the Customer. In any case, the geolocation will not go beyond the punctual moment when it was granted.
"Loss and theft assistance": refers to all the documents, tutorials, screenshots and explanations that are made available to the Customer on his Customer Area.
"Online Assistance": means all the services of assistance with the management of the account, the subscriptions, the procedures for lost or stolen phones which the Customer benefits through the Customer Service.
"Customer Service": means all the operators who can assist the Customer for any request by means of a telephone exchange, e-mail or chat window.
"Subscription": refers to the monthly subscription fee to which Customers have the opportunity to subscribe on the Website. The Customer subscribes to the Services for a definite period of thirty (30) clear days from the confirmation by the Company of the creation of its Customer Area. This subscription will be automatically renewed for an identical period of thirty (30) clear days each month until the termination of the Customer. In the context of the Promotional Offer, the Subscription is subscribed in case of non-termination of the Customer before the end of the Trial Period
"Trial period": designates the period of forty-eight (48) hours during which the Customer enjoys unlimited access to the Services on the Website without being charged the Subscription price. The said test period is systematically part of a promotional offer.
"Promotional Offer": means the free and unlimited access to the Services offered on the Website for the duration of the Trial Period. The registration of the Customer to the Promotional Offer automatically leads to the subscription to the Subscription. The Promotional Offer allows the Customer to try the Service for free before collecting the Subscription.
"Single purchase": means the purchase of a Geolocation service for a fixed price, without subscription to the Subscription or the Promotional Offer and without access to the Customer Area. 3. CUSTOMER GENERAL AND CONSENT
The Company provides the Customers on the Website the Services as described in Article 4. To purchase and / or subscribe to the Services, the Customer will follow the steps of process indicated on the Site. He will fill in all the fields to identify him, to choose the Services and the payment methods.
Before any use of the Website, the Customer must ensure that he has the technical and computer resources to use the Website, and that his browser allows secure access to the Website. The Customer must also ensure that the computer configuration of his equipment is in good condition and does not contain any viruses.
By using the Website and using the Services, the Customer acknowledges and confirms having read, understood and accepted in their entirety these Terms without any reservation.
The Company reserves the right to modify these TOS, which will take effect as soon as they are published on the Site and will be applicable to any new Single Purchase or Subscription on the Website. Any modifications may not affect the Single Purchases or Subscriptions made on the Website prior to their publication, which remain subject to the Terms and Conditions as accepted by the Customer during the validation of each purchase. The Customer is invited to read the General Terms each time he uses the Site Services, without it being necessary to inform him formally.
The Company is a technical service provider that manages a technical and software infrastructure and makes available to Customers on its Website a Geolocation solution, Loss and theft Assistance and Online Assistance.
The Company, any of its officers, employees and professional partners, in accordance with applicable regulations: - is not a telephone service provider, - does not guarantee in any way the feasibility or accuracy of requests for Geolocation, - Does not collect information without prior consent,
The Company can not be held liable for any omission, inaccuracy or error contained in the Geolocation or documents for the l 'Assistance loss and theft that the Company markets and which would be the cause of a direct and / or indirect damage caused to a user or any other person.
The Client acknowledges that: - Geolocation requests are generated because of the action of the Customer and they are not the subject of any work supervision and modification by the Company, its officers, employees or Professional Partners, - All persons must give their prior consent before sharing their Geolocation information, 4. DESCRIPTION OF SERVICES
4.1. Subscription Services: 4.1.1 Geolocation: the Customer can make 5 Geolocation requests per day, every day for the duration of his subscription and for any type of telephone number. Once Geolocation requests have been accepted, the Customer can see all his requests in a Geolocalisation history: status and Geolocation results.The Customer can also consult the addresses that emerge from Geolocations on a map.
4.1.2 Assistance loss & theft: set of documents, tutorials, screenshots and explanations that are available to the Customer on his Client Area to find a lost or stolen mobile phone.
"Online Assistance": all the services of assistance with the management of the account, the subscriptions, the procedures for lost or stolen phones which the Customer benefits through the Customer service. As part of subscribing to a Subscription, the Company makes available to the Customer a Support Service with Advisors available by phone, chat and e-mail for any questions or questions on the Website and Services. The Client can contact the Advisers from Monday to Friday from 9h to 19h, and Saturday from 10h to 15h (France time). The Company will do its best to respond to Customers as soon as possible.
4.2. Single Purchase Services:
4.2.1. Geolocation: the customer can apply for Geolocation for a fixed price. He will receive the result of his request by e-mail. 5. APPLICATION AND OPPOSABILITY OF T & Cs
5.1. The purpose of these TOUs 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 any monthly Subscription subscription and Single Purchase of Services by the Customer.
5.2. The Customer acknowledges and confirms having read, understood and accepted in their entirety these Terms and Conditions without any reservation before 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 acceptance of these Terms.
5.4. Any contrary condition put by the Customer, in the absence of express acceptance, is unenforceable against the Company regardless of when it may have been brought to its attention.
5.5. The fact that the Company does not avail itself at a given moment of any provision of these Terms, can not be interpreted as a waiver of any future provision of these Terms. 6. ORDERING SERVICES ON THE WEB SITE AND SUBSCRIPTION
6.1. The Services offered on the Website are described and presented as accurately as possible. The Company reserves the right to correct the content of the site at any time, without having to notify the Client. The Customer selects the Services that he wishes to purchase, and can access at any time the summary of his Order.
6.2. The summary of the Order presents the list of Services that the Customer has selected, and includes any additional costs that may be added to the price of the Services. The Customer has the opportunity to modify his Order, his information, and correct any errors before proceeding to the acceptance of his Order.
6.3. After having access to the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the Terms and then clicking on the validation button of the Order. A clear and legible mention of payment appears next to the order validation icon to ensure that the Customer explicitly acknowledges its obligation to pay for the Order.
6.4. After acceptance of the T & C and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
6.5. After the validation of his Order and in order to proceed to the payment, the Customer enters his billing details. The process of receiving the Services is described in article 8 of these Terms.
6.6. The Company sends an order confirmation by e-mail to the Customer, including the elements of the summary of the Order and access to the Customer Area. 7. PRICES AND TERMS OF PAYMENT OF THE ORDER
7.1. The prices are mentioned on the Website in the descriptions of the Services, in uruguayan peso UYU.
7.2. The total amount is indicated in the summary of the Order, before the Customer accepts these Terms, validates the Order, informs and validates his billing information and proceeds to payment. This total amount is indicated in uruguayan peso UYU.
7.3. Any Order on the Website is payable in uruguayan peso UYU. The full payment must be made on the day of the Order in case of a single Purchase of a Service.
7.4. The subscription of a Monthly Subscription implies an authorization of withdrawal from the Customer's means of payment at the time of the Order as part of the Promotional Offer. The payment of the first monthly payment occurs at the end of the trial period of the same Promotional Offer. In the framework of a Subscription without Promotional Offer, the payment of the first monthly payment occurs during the validation of the Order by the Customer.
7.5. The Website uses a secure payment system through a provider specializing in online payment security. This system guarantees the Customer the total confidentiality of his banking information. The credit card transaction between the Customer and the secure system is fully encrypted and protected. This means that the Customer's credit card number is never disclosed in full to the Company.
7.6. The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment, when placing the Order. 7.7. The Company reserves the right to suspend any Subscription or to cancel any execution of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that would be due by the Client to the Company, in the event of a payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order. 8. RECEPTION OF SERVICES OR ACCESS TO THE PLATFORM
8.1. The Company undertakes to deliver the Services within the period agreed in these Terms. The Customer is informed by e-mail of the realization of the Services.
8.2. In case of Monthly Subscription, it will be provided to the Customer upon confirmation of the order, an ID and a password allowing access to his Customer Area. It is the Customer's responsibility to maintain the confidentiality and security of his identifiers. The Customer shall immediately inform the Company of any unauthorized use of his identifiers. The Company can not be held responsible for any loss or damage resulting from the Customer's inability to protect its access credentials to the Customer Area.
8.3. The Customer must ensure that the information provided to the Company is correct, and that they remain so until the receipt of the Service (s) ordered. The Customer undertakes to inform The Company of any change in billing details that may occur during or after the Order by sending, without delay, an e-mail to the e-mail address of the Company. Otherwise, in case of delay and / or error, the Customer can not in any case engage the responsibility of the Company.
8.4. The Company will also not be liable if the non-receipt of the Services is due to the fact of a third party outside of its intervention. 9. ASSISTANCE SERVICE
9.1. Following any Subscription or Single Purchase subscription, the Customer may contact the Company's Customer Service for assistance, clarification or any claim.
9.2. The Customer service of the Company is open from Monday to Friday from 9h to 19h, and Saturday from 10h to 15h (France time). 10. CUSTOMER OBLIGATIONS
10.1. The Customer agrees to comply with the terms of these Terms. 10.2. The Customer agrees to use the Website and the Services in accordance with the instructions of the Company. 10.3. The Customer agrees to abstain:
- To use the Website in any way illegal, for any illegal purpose or in any way incompatible with these Terms.
- To sell, copy, reproduce, rent, loan, distribute, transfer or sub-license all or part of the content on the Website or decompile, reverse engineer, disassemble, modify, display in readable form by the Customer, try to discover any source code or use any software activating or including any part of the Website.
- To attempt to gain unauthorized access to the Website's computer system or to engage in any disruptive activity, decreasing the quality or interfering with performance or damaging the functionality of the Website.
- Use the Website for abusive purposes by intentionally introducing viruses or other malicious program and attempt to gain unauthorized access to the Website.
- Infringe the Company's intellectual property rights and / or resell or attempt to resell the Services to third parties.
- To denigrate the Website and / or the Services and the Company on social networks and any other means of communication.
10.4 If, for any reason, the Company considers that the Customer does not respect these Terms, the Company may at any time, and in its sole discretion, remove its access to the Website and take any measures including any civil and criminal proceedings against him. 11. RENUNCIATION OF THE RIGHT OF LEGAL WITHDRAWAL - CANCELLATION AND REIMBURSEMENT OF A SUBSCRIPTION
11.1. 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 carried out before the end of the statutory withdrawal period and therefore expressly waives his legal right of withdrawal.
11.2. The Customer nevertheless has a period of forty-eight (48) hours from the validation of the Order within the framework of the subscription of a Subscription with Promotional Offer to contact the Company by telephone, chat or e-mail for request the cancellation of any Monthly Subscription subscription.
11.3. Exercise of the "Satisfied or Refunded" option: The Customer also has the possibility of requesting the reimbursement of one or more monthly payment (s) of his Subscription to the Company in the event that he is not satisfied with the Services offered by the Society. The Customer wishing to exercise this ability to refund must also contact the Company via telephone, chat or e-mail to request the refund of any monthly Subscription subscription.
11.4. In the event of cancellation of the Monthly Subscription before the end of the forty-eight (48) hour Trial Period or in case of exercise of the "Satisfied or Refunded" option, the Customer will be reimbursed by the same payment method used for the Initial Order. The Company can not be held responsible in the event of a change in the Customer's bank details since the date of the Order, making it impossible for the Customer to repay. In such a situation, the Client is invited to contact the Company in order to agree on another method of reimbursement or contact his bank. The Company will also not be required to reimburse the Customer if it is proven that it is the cause of bank fraud, consisting in particular of a false declaration of loss or theft of his credit card following the purchase a Service on the Website. In such a situation, the Customer will in particular be held liable for payment of all sums due to the Company. 12. TERMINATION OF MONTHLY SUBSCRIPTION
12.1. Any subscription of a Monthly Subscription by the Customer is granted for an indefinite duration and without commitment of duration. The Customer may terminate his Monthly Subscription at any time by notifying the Company of his intention to terminate by e-mail, chat or telephone, or by canceling himself on the Customer Center or on the Website.
12.2. 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 no longer has access to the Customer Area or the Services. 13. LIABILITY
13.1. The Company implements all the measures necessary to ensure to the Customer the provision, under optimal conditions, of Quality Services. However, it can not under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the Order, which is attributable either to the Customer or to the unpredictable and insurmountable fact of a third party outside the Order, to a case of force majeure. More generally, if the liability of the Company were engaged, it could in no way agree to compensate the Customer for direct or indirect damage or whose existence and / or quantum would not be established by evidence.
13.2. The Company will make every effort to ensure that the Website remains accessible 24 hours a day, 7 days a week, but will in no way be held responsible for unavailability related to constraints inherent to the operation of the Internet, operations maintenance, any failure or bug, or any event beyond its control or force majeure beyond the reasonable control of the Company.
13.3. The Website may contain links to other sites not edited or controlled by the Company, which can not be held responsible for the operation, content or any element present or obtained through these sites.
13.4. The setting up of such links or the reference to any information, articles or services provided by a third party, can not and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements. of their contents.
13.5. The Company is not responsible for the availability of these sites and can not control the content or validate the advertising, products and other information on these websites.
13.6. It is expressly stipulated that the Company can not be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt or the summary statement of the Order. 14. PERSONAL DATA
14.1. In accordance with the law of 6 January 1978 relating to computers, files and freedoms, as amended, the Customer is informed that the Company proceeds with the collection and processing of personal data to enable it to process and to execute his Order (s) placed on the Website.
14.2. This mandatory information, including a failure to answer would block the order process on the Website, are: name, first name, email address (e-mail).
14.3. The Customer is informed that a transfer of his personal data may be made to service providers, including accommodation established outside the European Union. The Company has entered into personal data transfer agreements with these service providers, including standard contractual clauses approved by the European Commission.
14.4. The Customer has a right of opposition, access, rectification and deletion on the personal data concerning him, as well as a right of opposition for legitimate reason, that he can exercise under the conditions envisaged by the law by sending an e-mail to the Company at the address [email protected]
specifying his name, first name, e-mail address and order number.
14.5. No information concerning the Client will be transmitted to third parties, except to the Company's service providers for the sole purpose of the maintenance and hosting of the Site, and the execution of the Orders and within the limits of the information strictly necessary for them. .
14.6. In accordance with the CNIL's decision n ° 2013-378 of December 5, 2013, the Company informs the Client that cookies store certain information stored in the memory of its hard disk. This information is used to generate audience statistics for the Site and to offer Services according to the Services they have already selected during their previous visits. An alert message, in the form of a banner, asks each person visiting the Website, in advance, if the Customer wants to accept cookies. These cookies do not contain any confidential information concerning the Clients of the Website.
14.7. Customer going to the home page or another page of the Website directly from a search engine will be informed.
· precise purposes of the cookies used;
· the possibility to oppose these cookies and to change the parameters by clicking on a link present in the banner;
· and the fact that the continuation of its navigation is worth agreeing to the deposit of cookies on its terminal.
14.8. To guarantee the free, informed and unambiguous consent of the Customer visiting the Website, the banner will not disappear until it has continued its navigation.
14.9. Without prior consent of the Customer, the deposit and reading of cookies will not be made:
· if the Customer goes to the Website (home page or directly on another page of the Site from a search engine for example) and does not continue its navigation: a mere lack of action can not be assimilated to a manifestation of will;
· or if he clicks on the link present in the banner allowing him to set cookies and, if necessary, refuses the deposit of cookies. 15. INTELLECTUAL PROPERTY
15.1. All elements of the Site are protected by copyright, trademark law, designs and / or other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.
15.2. The Company's name and trademark, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company.
15.3. No title or right to any element or software will be obtained by downloading or copying elements of the Website. It is expressly forbidden for the Customer to reproduce (except for personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Website and the elements and software contained therein, not rather than modify or perform any work by taking them as a basis, nor sell or participate in any sale in connection with this Website, the elements of this Website nor any related software.
15.4. The Company grants the Customer a non-exclusive license to use the Website. This license is strictly personal and can not be transferred or transferred to any third party. The license is granted for the duration of use of the Website and Simple Documents and Personalized Documents made available to the Customer.
15.5. This Website may contain links to other sites that are not edited or controlled by the Company and can not be held responsible for the operation, content or any element present or obtained through these sites. The setting up of such links or the reference to any information, articles or services provided by a third party, can not and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements. of their contents.
15.6. Any questions or comments related to another site should be addressed to the operators of these sites. No link to this Website is permitted without the express prior written consent of the Company.
15.7. Any use by the Customer of corporate names, trademarks and separate signs belonging to the Company is strictly prohibited unless expressly agreed by the Company. 16. LETTER OF INFORMATION
16.1. By ticking the box provided for this purpose or expressly agreeing to this end, the Client agrees that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (newsletter) which may contain information relating to its activity.
16.2. When the Client checks the box provided for this purpose in the registration process on the Website to place the Order, he agrees to receive commercial offers from the Company for services similar to those ordered.
16.3. The Customer will be able to unsubscribe newsletters by clicking on the link provided for this purpose, present in each newsletter. 17. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
17.1. These Terms are governed by and construed in accordance with English law, without regard to principles of conflict of laws.
17.2. In the event of a dispute that may arise during the interpretation and / or execution of these Terms of Reference or in relation to these Terms, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative method of dispute settlement. The Customer may in particular contact the Paris Mediation and Arbitration Center. The Customer acknowledges that before undertaking any mediation process, he must first contact the Company by telephone, chat or e-mail to: [email protected]
in order to assert his right to Refund (see 11.3. the "Satisfied or Refunded" option).
17.3. In case of failure of this mediation procedure or if the Client wishes to seize a jurisdiction, the rules of the Code of Civil Procedure will apply.