These Terms and Conditions (hereinafter referred to as "T&C") govern the legal relationship arising from the contracting processes entered into by the customers contracting the services (hereinafter referred to as the "Customers") through the website www.lostphone.net (hereinafter referred to as the "Website").
The Irish company Longstone Mobile Ltd (hereinafter "Lostphone"), VAT - IE04170949LH 71 Lower Baggot Street Dublin, Ireland is the owner of the Website. Lostphone has the contact email address lostphone.en@silverlines.info and telephone number +34 932 20 40 70
Lostphone provides the service described in section 3 of these T&C (the "Service"), which can be purchased through the Website.
By completing the registration process and purchasing any of our products, the Customer expressly accepts and submits to the clauses specified below, as well as to the conditions of access and use of our website and its privacy policy, accessible through the link "Legal Notices and Privacy Policy".
The present contract is permanently accessible in the legal notices on our website, and can be downloaded in PDF format at the time of contracting. This charge will appear on your credit card statement as "Lostphone".
2. Acceptance and Scope
By browsing the Website and/or using the Service, the Customer fully and unreservedly accepts these T&C. You also agree not to use the Website and the Service for illegal purposes. The Website and the Service are available to any user for his own consumption for use within the legally established limits.
The conditions established for the provision of the Service in accordance with these T&C shall apply when the Customer has the status of consumer under the provisions of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws (hereinafter "LCyU"). For these purposes, in the event of contracting the Service through the Website you declare that you are a consumer. Otherwise, to contract the service you must contact Lostphone directly through the email lostphone.en@silverlines.info.
3. Description of the Service
The service that Lostphone provides consists in the possibility of locating the position at a point of a person by way of their mobile phone terminal and conditioned that said person has given their consent to be tracked. To do so, Lostphone allows the client to send an SMS to the recipient to inform him that someone wants to know his location. If the recipient of the message expressly accepts that its location is facilitated, the geographical location of the recipient at that specific moment is shared with the client. Geolocation is limited to that specific moment in which the recipient has agreed to share its location. You can perform up to 5 geolocation per day, every day while lasting your subscription and for any type of phone number. The client declares to know that the payment of the rate established by the subscription of the service does not guarantee that the person intended can be traced, since this will depend on the acceptance of the recipient, but it does guarantee that a geolocation can be requested. However, if the phone number does not exist, the recipient's mobile phone has been stolen, it is off or the recipient does not accept to facilitate its location and/or do not follow the steps indicated for this purpose by Lostphone, Lostphone will not be able to obtain the Location of the recipient or facilitate it to the client, without this constituting a breach of Lostphone's obligations in relation to the provision of the service.
For service provision, it is necessary for the client to have an Internet access to hire the service, and communicate a valid and active mobile phone number to locate.
4. Age and veracity of the information provided
The client declares that he is of legal age, who has read, understand and fully accept the T&C and that he has the necessary legal capacity to be subject to these T&C. The client declares that all the information he provides to access the service, before and during use, is true, complete, accurate and accurate.
The client acknowledges that he has had access entirely to the T&C prior to the start of the service subscription procedure, and that he has had the possibility of storing them and/or reproducing them in a lasting support.
To subscribe to the provision of the service, the client must follow the steps of the process indicated on the website. The client will complete all fields to identify and choose the service and payment methods. The prices of the plans offered by Lostphone are shown in euros (€) and include the value added tax (VAT) applicable when appropriate.
The corresponding prices and charges will be applied to the service according to the rates in force at all times and that will be published and will be accessible through the website, without impairment of the application of offers or promotions in force at all times. Any modification of the rates will be communicated to the client by any means that Lostphone considers appropriate for the client to record such modification and the new rates.
7. Payment methods and receipts
The website uses a safe payment system through a supplier specialized in online payment safety that meets the requirements PCI Data Security Standard. This system guarantees the total confidentiality of your bank information. Lostphone guarantees that it has the necessary authorizations to use the payment method when ordering. Credit card transaction between the client and the safe system is completely encrypted and protected. This means that your credit card number is never fully revealed to Lostphone. The card holder is responsible for transactions through the website. The first payment is produced at the end of the proof period of the promotional offer in accordance with the provisions of section 13 of the T&C.
The client may ask Lostphone for the invoice for each monthly subscription period that is hired by it and will make it available to the client through the private area of ​​the website that the client can access through the use of a personal key. The client expressly accepts that said invoice is issued in electronic format. However, the client will be able to revoke this consent at any time and request the issuance of the paper bill, requesting it by email aimed at the following address: lostphone.en@silverlines.info.
8. Validity of rates and offers
Lostphone reserves the right to make modifications to the service that you consider appropriate, and to update the service according to the market. However, Lostphone undertakes to respect the conditions in force at the time of subscription of the service by a client for the period that lasts the cycle of ongoing receipts. With respect to the prices that appear on the website, Lostphone reserves the right to modify them unilaterally, and must notify the client prior to the automatic renewal of the monthly subscription.
9. Guarantee
Lostphone guarantees all the rights that may have recognized in accordance with the laws in force at all times, especially with regard to consumer protection.
In Lostphone we strive to facilitate the services of the highest quality, although given their nature, we cannot offer a guarantee of satisfaction. In the event that, for any reason, it does not receive the service correctly, you must communicate it immediately indicating the incidence that we will try, if the error is verified, we will correct it as soon as possible.
10. Good use commitment
The client declares to understand that:
a) Geolocation requires the express consent of the recipient and;
b) That even with its consent, the state of technology does not guarantee that its location is always obtained or that it can be done with sufficient precision.
In any case, and to the extent that the law allows it, Lostphone reserves the right to reject, suspend or cancel the provision of the service when the client has breached some provision of the T&C and, very particular, although without limiting character , of the commitments on good use of the service regulated in section 10 of the T&C.
The service is offered exclusively as a final customer and for legitimate use, within the limits established by the laws in force at all times and based on good faith.
To use the service, the client declares under his own responsibility that:
a) He has legally obtained the telephone number you want to track and with the prior consent of its owner and user and;
b) That it does not intend to use the service for any illegal purpose.
In particular, the client declares that, with an enunciative non -limiting character, it is not allowed to use the service:
Contrary to the Irish laws and/or to which they are applicable in each case.
That violates the rights of third parties or the good use of the service that are only for personal and particular use of the client, being responsible for the control of access to them.
The collection and/or use of personal data of third parties without their express consent, or contravening the provisions of current regulations on personal data protection.
Traffic or service resale The commercialization or economic exploitation of the same by any means or system.
Obtaining the recipient's consent whose location will be subject to tracking by coercion and/or deception.
In the event that the customer violates any of the obligations established in this section, Lostphone will be empowered to resolve with immediate effects the contractual relationship with the client and/or block the temporarily affected services until clarifying the circumstances of the irregular use of the service.
11. Responsibility
Except for imperative norm that has something else, Lostphone will not be responsible for any loss of data or programs as a result of the use of the service.
Likewise, the client is obliged to use the service in accordance with these T&C. Consequently, the client will be responsible for any damage that can be generated by a use of the service contrary to these T&C.
12. Security
Lostphone guarantees service security according to current technological knowledge. However, Lostphone cannot guarantee the complete security of the service, although it undertakes to remedy and implement the appropriate corrective measures to correct any possible security gap as soon as possible. The client undertakes to notify the service, immediately and via email to the address lostphone.en@silverlines.info or on the telephone number of the Customer Service +34 932 20 40 70 Any loss of information, access or use not authorized by third parties or any situation that may result in the theft of identity of other users. Lostphone will not be responsible for the damages that may occur when using the service if it is as a result of unpredictable technical problems or, if they are predictable, they are inevitable. In the same way, Lostphone will not be responsible when the defective or erroneous action of the user, whether the sender or recipient of the message, causes damage.
13. Subscription and refund
When hiring the service, Lostphone offers a trial period for 72 hours at a promotional price that consists of the website (hereinafter, the “trial period”). At the end of the trial period and unless the client has proceeded to subscribe the service proceeded to cancel the service, the subscription will be automatically renewed by monthly periods and without obligation to permanence, with a cost of the service in accordance with the indicated rates on the website, without prejudice to the possibility of application of discounts derived from promotional offers that proceed in each specific case.
Consequently, and unless the client proceeds to cancel his subscription prior to the start of a new monthly period, the client expressly authorizes Lostphone to charge the first day of the start of a new monthly payment of the service the amount corresponding to the provision of the service during said monthly payment. For clarity purposes, it is stated that the provision of the service forces Lostphone to maintain the open customer account as well as the website servers in order to facilitate the location of the phones provided by the client. The client declares to know that the lack of use of the service is not sufficient cause for the client to obtain the reimbursement of the amount paid by it.
Payments made for each monthly monthly age already are not reimbursable, except in the cases provided for in the case of withdrawal (section 14 of the T&C) or the application of a current norm of an imperative nature.
In case of refund, the client will be reimbursed by the same payment method used for the initial order. Lostphone is not responsible for delays or refund errors in case of a change in customer bank data in relation to those provided when hiring the subscription of the service that the client has not communicated to Lostphone prior or simultaneously To request reimbursement.
14. Right of withdrawal
All purchases made on the website are governed by the provisions of the LCyU regarding remote hiring. In particular, the client has the right to unilaterally withdraws and without the need to claim any reason for the purchase of a subscription of the service, without incurring any penalty or position, within the 14 (fourteen) calendar days following the date on which make this subscription effective. The withdrawal period will expire to fourteen calendar days from the date of subscription of the service.
The client may exercise his right of withdrawal by completing in the Hyperlink https://lostphone.net/en/client/unsubscribed or by any of the following means: to the address of Email lostphone.en@silverlines.info, by postal mail to the address 71 Lower Baggot Street Dublin, Ireland or by phone calling our Customer Service Center (+34 932 20 40 70). Regardless of this, the client may freely use the proposed form or any other type of unequivocal declaration (for example, sending letter by postal mail or email) in which he indicates his decision to withdraw from his subscription. In all cases, Lostphone will confirm without delay by email the reception of said withdrawal communication.
Lostphone will accept the cancellation of the subscription due to withdrawal provided that said right has been exercised in accordance with the terms and conditions mentioned above.
When the client has correctly exercised the right of withdrawal and a subscription period is in force by which the client has paid an amount, Lostphone will reimburse the client, the full amount charged to the client for the period of provision of the service in force at that time . Example: If the customer had paid n euros for a monthly service subscription on April 1 and gave up them on April 10, Lostphone will reimburse him in euros corresponding to the current subscription period.
The reimbursement will be carried out within a maximum period of 7 calendar days from the date on which your will to give up by the client has been communicated.
15. Customer Service Center and Post -Contest
Without prejudice to the different communication chances referred to in these T&C, Lostphone makes available to the client a customer service center that can be accessible by telephone by calling +34 932 20 40 70
Through the Customer Service Center, the client may manage any incidence, resolve doubts or manage their subscription in relation to the service.
16. Termination
Without impairment of the exercise of the right of withdrawal, the client can cancel his subscription to the service whenever he wishes, and will continue to have access to it until the end of the monthly receipt period that is in force. The client must notify his will not End on the website.
The subscription resolution will be effective from the end of the ongoing subscription period. With the exception of the provisions in relation to the exercise of the right of withdrawal, Lostphone does not make reimbursements or payments for partial periods of the monthly subscription.
17. MODIFICATIONS AND NULLITY
Lostphone reserves the right to modify and/or update the T&C at any time, as well as the characteristics and functions of the service itself. If any clause included in the T&C is declared, totally or partially, null or without effect, it will only affect the provision in question or the part that is null or without effect. The rest of our T&C will remain in force and the disposition in question, or the affected party, will be considered excluded.
The contractual relationship between the client and Lostphone derived from these T&C is subject to the Irish law, being the competent forum that determines in each case the regulations on protection of consumers and users.
In the event that the regulations on consumers and users do not determine the competent jurisdiction and/or it is not applicable to the specific event, the parties are irrevocably submitted to the exclusive jurisdiction of the courts of the city of Dublin in relation to any legal action or procedure that is adopted or initiated in relation to the application and/or interpretation of these T&C, and renounce to exercise any opposition to any procedure in said courts that have as its basis the lack of jurisdiction or territorial competence.
20. Consumer and user claims.
For any consultation, claim or incidence related to the service offered by Lostphone, the client can contact the Customer Service Center, via mail to lostphone.en@silverlines.info.
21. Resolution of litigation in line with the U.E.
Under article 14.1 of Regulation (EU) 524/2013, the European Commission facilitates a online litigation resolution platform that is available in the following link: http://ec.europa.eu/consumers/odr/
