Terms and Conditions of Use of the Service Lostphone
1. Object and identification
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These Terms and Conditions (hereinafter, "T&C") regulate the legal relationship arising from the contracting processes formalized by the customers who contract the services (hereinafter, the "Customers") through the website www.lostphone.net (hereinafter, "Website")."
The company Irish Longstone Mobile Ltd (Hereinafter "Lostphone"), with VAT - IE04170949LH 71 Lower Baggot Street, Dublin, Ireland is the owner of the Website. Lostphone has the contact email address legal@cellfinder.io.
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Lostphone provides the service described in section 3 of these T&Cs (hereinafter, the "Service"), which can be contracted through the Website.
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The Client at the moment he/she completes the registration process, and purchases any of our products, expressly accepts and submits to the clauses specified below, as well as to the conditions of access and use of our portal and its privacy policy, accessible through the link "Legal Notices and Privacy Policy".
This contract is permanently accessible in the legal notices on our website, and can be downloaded in PDF format at the time of contracting. The charge on your bank statement will be VendoStorefindphone.io" or "Findphone.dublin".
2. Acceptance and scope of application
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By browsing the Website and/or using the Service, the Customer fully and unreservedly accepts these T&Cs. 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&Cs 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 case of hiring the Service through the Website you declare that you have such consumer status. Otherwise, to contract the service you must contact directly with Lostphone through the email address legal@cellfinder.io.
3. Description of the Service
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The service provided by Lostphone consists of the possibility of locating in real time the position at a specific time of a person via their cell phone terminal and conditional upon that person having given their consent to be tracked. To do so, Lostphone allows the Customer to send an SMS to the recipient to inform him/her that someone wants to know his/her location. If the recipient of the message expressly agrees to have their location provided, the geolocation of the recipient at that specific time is shared with the Customer. The geolocation is limited to that specific time when the recipient has agreed to share their location. Up to 5 geolocations can be made per day, every day for the duration of your subscription and for any type of phone number. The Customer declares to be aware that the payment of the fee established for the subscription of the Service does not guarantee that the intended person can be tracked, as this will depend on the acceptance of the recipient, but it does guarantee that a geolocation can be requested. However, if the telephone number does not exist, the recipient's cell phone has been stolen, is switched off or the recipient does not agree to provide his/her location and/or does not follow the steps indicated to that effect by Lostphone, Lostphone will not be able to obtain the recipient's location or provide it to the Customer, without this constituting a breach of Lostphone's obligations in relation to the provision of the Service.
For the provision of the service it is necessary that the Customer has an Internet access to contract the service, and that he/she communicates a valid and active cell phone number to locate.
4. Age and truthfulness of the information provided
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The Customer declares that he/she is of legal age, that he/she has read, understands and fully accepts the T&Cs and has the necessary legal capacity to be bound by these T&Cs. The Customer declares that all the information he/she provides to access the Service, before and during its use, is true, complete, accurate and precise.
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The Customer acknowledges that he/she has had full access to the T&Cs prior to the start of the subscription procedure of the Service, and that he/she has had the possibility to store and/or reproduce them on a durable medium.
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To subscribe to the provision of the Service, the Customer shall follow the steps of the process indicated on the Website. The Customer will complete all the fields to identify himself/herself and choose the Service and the desired payment methods. The prices of the plans offered by Lostphone are shown in euros (€) and include the applicable value added tax (VAT) where applicable.
Prices and charges will be applied to the Service according to the rates in force at any given time and which will be published and accessible through the Website, without prejudice to the application of offers or promotions in force at any given time. Any modification of the rates will be communicated to the Customer by any means deemed appropriate by Lostphone so that the Customer is aware of such modification and the new rates.
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7. Payment Methods and Receipts
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The Website uses a secure payment system through a specialized online payment security provider that complies with PCI Data Security Standard requirements. This system guarantees the complete confidentiality of your banking information. Lostphone ensures that you have the necessary authorizations to use the payment method when ordering. The credit card transaction between the Customer and the secure system is fully encrypted and protected. This means that your credit card number is never fully disclosed to Lostphone. The cardholder is responsible for transactions through the Website. The first payment occurs at the end of the trial period of the promotional offer in accordance with the provisions of paragraph 13 of the T&C.
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The Customer may request from Lostphone the invoice for each monthly subscription period that is contracted by the Customer and shall make it available to the Customer through the private area of the Website which the Customer may access through the use of a personal password. The Customer expressly accepts that such invoice will be issued in electronic format. However, the Customer may revoke this consent at any time and request the issuance of the invoice in paper format, by sending an e-mail to the following address: legal@cellfinder.io.
8. Consent to data processing
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By agreeing to these Terms and Conditions, you consent to the collection, use and processing of your personal data as set out below. This consent is provided in accordance with applicable laws, including the General Data Protection Regulation (GDPR).
Types of data collected. We may collect the following types of data: Cookies and other tracking technologies (e.g., browser information, IP address). Contact data, such as hashed email addresses and phone numbers (where applicable).
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Purpose of data collection. The data collected will be used for the following purposes:Analytics to improve the functionality and performance of our services. Measurement and tracking of conversions.
Consent and Withdrawal. By agreeing to these Terms and Conditions, you consent to the collection and processing of your data as described. You may withdraw your consent at any time by following the instructions described in our Privacy Policy. Once you withdraw your consent, we will stop processing your personal data for the purposes that require consent, unless we are under a legal obligation to retain it.
Your rights. Users have the following rights in relation to their personal data:
The right to access, rectify or delete their data. The right to restrict or oppose the processing. The right to data portability. The right to lodge a complaint with a supervisory authority (GDPR).
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9. Validity of rates and offers
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Lostphone reserves the right to make changes to the Service that it deems appropriate, and to update the Service according to the market. However, Lostphone undertakes to respect the conditions in force at the time of subscription to the Service by a Customer for the duration of the current Receipt cycle. With respect to the prices appearing on the website, Lostphone reserves the right to modify them unilaterally, and must notify the Customer prior to the automatic renewal of the monthly subscription.
10. Warranty
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Lostphone guarantees you all the rights that you may have in accordance with the laws in force from time to time, especially with regard to consumer protection.
At Lostphone we strive to provide services of the highest quality, although given the nature of these services, we cannot offer a guarantee of satisfaction. In the event that, for any reason, you do not receive the service correctly, you must inform us immediately indicating the incidence that we will try, if the error is verified, we will correct it as soon as possible.
11. Commitment to good use of the Service
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The Client declares to understand that:
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(a) geolocation requires the express consent of the recipient and;
b) that even with your consent, the state of technology does not guarantee that your location will always be obtained or that it can be done with sufficient accuracy.
In any event, and to the extent permitted by law, Lostphone reserves the right to refuse, suspend or terminate the provision of the Service where the Customer has breached any provision of the T&Cs and, in particular, but not limited to, the commitments on the proper use of the Service regulated in section 10 of the T&Cs.
The Service is offered to you exclusively as an end Customer and for a legitimate use, within the limits established by the laws in force at any given time and based on good faith.
In order to use the Service, the Customer declares under his own responsibility that:
a) has legally obtained the telephone number he/she wishes to track and with the prior consent of its owner and user and;
b) that he/she does not intend to use the Service for any unlawful purpose.
In particular, the Customer declares to be aware that, by way of example but not limitation, it is not permitted to make use of the Service:
Contrary to the laws Irish and / or those applicable in each case.
That infringes the rights of third parties or the proper use of the Service that are only for personal and particular use of the Client, being responsible for controlling access to them.
The collection and / or use of personal data of third parties without their express consent, or in contravention of the provisions of current regulations on the Protection of Personal Data.
The collection and / or use of personal data of third parties without their express consent, or in contravention of the provisions of current regulations on the Protection of Personal Data.
The resale of traffic or the Service the marketing or economic exploitation thereof by any means or system.
The resale of traffic or the Service the marketing or economic exploitation thereof by any means or system.
Obtaining the consent of the recipient whose location will be subject to tracking by coercion and/or deception.
In the event that the Customer breaches any of the obligations set forth in this paragraph, Lostphone shall be entitled to terminate with immediate effect the contractual relationship with the Customer and/or block the affected Services temporarily until the circumstances of the irregular use of the Service have been clarified.
12. Liability
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Except as otherwise provided by mandatory rule, Lostphone shall not be liable for any loss of data or programs as a result of the use of the Service.
Likewise, the Customer undertakes to use the Service in accordance with these T&Cs. Consequently, the Customer shall be liable for any damage that may result from a use of the Service contrary to these T&Cs.
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13.Safety
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Lostphone guarantees the security of the Service in accordance with current technological knowledge. However, Lostphone cannot guarantee the complete security of the Service, although it undertakes to remedy and implement appropriate corrective measures to correct any possible security breach as soon as possible. The Customer agrees to notify the Service, immediately and via email at legal@cellfinder.io or on our Customer Support chat: {chatURL} any loss of information, unauthorized access or use by third parties or any situation that may result in identity theft of other users. Lostphone shall not be liable for any damages that may occur while using the Service if it is as a result of unforeseeable technical problems or, if foreseeable, are unavoidable. Similarly, Lostphone shall not be liable when the faulty or erroneous action of the user, whether the sender or the recipient of the message, causes damage.
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14. Subscription and reimbursement
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When subscribing to the Service, Lostphone offers a trial period of 72 hours at a promotional price published on the Website (hereinafter referred to as the "Trial Period"). At the end of the Trial Period and unless the Customer has proceeded to the subscription of the Service and proceeded to the cancellation of the Service, the subscription will be renewed automatically for monthly periods and without commitment of permanence, with a cost of the Service in accordance with the rates indicated on the Website, without prejudice to the possibility of application of discounts arising from promotional offers that may apply in each specific case.
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Consequently, and unless the Customer proceeds to cancel his subscription prior to the start of a new monthly period, the Customer expressly authorizes Lostphone to charge the amount corresponding to the provision of the Service during that monthly period on the first day of the start of a new monthly subscription of the Service. For clarity purposes, it is noted that the provision of the Service obliges Lostphone to keep the Customer's account open as well as the servers of the Website in order to facilitate the location of the telephones provided by the Customer. The Customer declares to be aware that failure to use the Service is not sufficient cause for the Customer to obtain a refund of the amount paid for the Service.
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Payments made for each monthly payment in progress and already started are not refundable, except in the cases provided for in the case of withdrawal (paragraph 14 of the T&C) or the application of an imperative rule in force.
In case of refund, the Customer will be reimbursed by the same method of payment used for the initial order. Lostphone cannot be held responsible for delays or reimbursement errors in the event of a change in the Customer's bank details in relation to those provided at the time of subscription to the Service that the Customer has not communicated to Lostphone before or at the same time as requesting reimbursement.
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15. Right of withdrawal
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All purchases made on the Website are governed by the provisions of the LCyU relating to distance contracting. In particular, the Customer has the right to unilaterally withdraw without giving any reason from the purchase of a subscription to the Service, without incurring any penalty or charge, within 14 (fourteen) calendar days from the date on which such subscription becomes effective. The withdrawal period shall expire fourteen (14) calendar days from the date of subscription to the Service.
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The Customer may exercise his right of withdrawal by filling in the hyperlink https://lostphone.net/en/client/unsubscribed or by one of the following means: by email legal@cellfinder.io, by post to the address 71 Lower Baggot Street Dublin, Ireland or via our Customer Service chat (https://easyassist.io/?ref=lostphone&lang=en). Regardless of this, the Customer may freely use the proposed form or any other type of unequivocal statement (e.g. sending a letter by post or email) indicating their decision to unsubscribe. In all cases, Lostphone shall promptly confirm receipt of the withdrawal notice by e-mail.
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Lostphone will accept the cancellation of the subscription on the grounds of withdrawal provided that such right has been exercised in accordance with the above terms and conditions.
Where the Customer has properly exercised the right of withdrawal and a subscription period is in effect for which the Customer has paid any amount, Lostphone shall refund to the Customer, the full amount charged to the Customer for the period of Service provision then in effect. Example: if the Customer has paid N euros for a monthly subscription to the Service on April 1st and withdraws on April 10th, Lostphone will reimburse the Customer in euros for the current subscription period.
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The reimbursement will be made within 7 calendar days of the date on which the Customer communicates his wish to withdraw.
16. Customer Service Center and after-sales service
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Without prejudice to the various means of communication referred to in these T&Cs, Lostphone makes available to the Customer a Customer Service Center which can be accessed through our chat: {chatUrl} or email: {email}.
Through the Customer Care Center, the Customer can manage any incident, resolve doubts or manage their subscription in relation to the Service.
17. Termination
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Without prejudice to the exercise of the right of withdrawal, the Customer may cancel its subscription to the Service at any time, and will continue to have access to the Service until the end of the monthly Receipt period in force. The Customer must notify his/her desire not to renew his/her subscription by email: {email} or through our Customer Service chat ({chatUrl}) available 24 hours a day, every day of the week or in the place provided for this purpose on the Website.
Termination of the subscription shall be effective as of the end of the current subscription period. Except as provided for in relation to the exercise of the right of withdrawal, Lostphone does not make refunds or payments for partial periods of the monthly subscription.
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18. Modifications and nullity
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Lostphone reserves the right to modify and/or update the T&Cs at any time, as well as the features and functions of the Service itself. If any clause included in the T&Cs is declared, in whole or in part, null or void, it will only affect the provision in question or the part that is null or void. The remainder of our T&Cs will remain in effect and the provision in question, or the affected portion thereof, will be deemed severed.
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The contractual relationship between the Customer and Lostphone arising from these T&Cs is subject to the law Irish, the competent forum being the one determined in each case by the regulations on consumer and user protection.
In the event that the consumer and user regulations do not determine the competent jurisdiction and/or are not applicable to the specific case, the Parties irrevocably submit to the exclusive jurisdiction of the courts of the city of Dublin in relation to any legal action or proceeding that is adopted or initiated in relation to the application and/or interpretation of these T&C, and waive any opposition to any proceedings in such courts based on lack of jurisdiction or territorial competence.
21. Consumer and user complaints.
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For any query, complaint or incident related to the Service offered by Lostphone, the Customer may contact the Customer Service Center through our chat.
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22. Online dispute resolution with the E.U.
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Pursuant to Article 14(1) of Regulation (EU) 524/2013, the European Commission facilitates an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/
