Terms and conditions
WEBZOOM LTD ("We") is an English company located at Unit 2 Bridge Road, First Floor, Ashford, Kent, England, TN23 1BB which operates through the website https://geoapp.mobi/en ("Site") a location-based service allowing any individual acting in a private capacity ("Customer" or "You") to locate a cell phone with the prior consent of the owner of the phone number whose location is sought ("Service").
The purpose of these terms and conditions ("Terms and Conditions") is to explain how You, as a Customer, can benefit from the Service.
The purpose of these Terms and Conditions is to explain how You, as a Customer, may use the Service.
Our General Terms and Conditions are likely to be updated and/or completed at regular intervals according to the evolution, in which scenario We will inform You by e-mail one month before their revision. Access to and use of Our Service after You have been informed of such change, and failure to terminate Your membership before the end of the month, shall constitute acceptance of the most recent version of said Terms and Conditions.
This version of the Terms and Conditions is under development.
This version of Our Terms and Conditions was last updated on January 19, 2022.
1. Initial registration
1.1 Access to and use of Our Service is subject to the establishment of an account on Our Site ("Account").
1.2 The following information will be requested during the registration process
- Email address
As a Customer, You assure Us of the accuracy, sincerity and reliability of the information You provide, as well as the fact that You are of legal age and authorized to subscribe to Our Service in Your country of residence.
We draw your attention to the fact that in case of identity theft, we retain the right to use all legal measures against you, including criminal legislation.
1.3 Your membership contract is not legally completed until the acceptance of the payment made in accordance with point 2 below ("Contract") has been verified. You may download your Contract at any time by sending us an e-mail requesting such.
There is no membership contract.
1.4 The establishment of an account gives access to the use of our platform only to the Customer who has established the account. As a Customer, it is your obligation to keep secret the access data to the Service (login and password) and to report any unauthorized use to us. Access may not be transferred to other parties without our prior consent.
1.5 Our Service is only accessible to persons who use it for personal reasons. Any use for commercial purposes is strictly prohibited and will result in the immediate cancellation of your membership and, by extension, your ability to access and use our service, without notice and without refund.
2.1 The fees for the Service are as follows:
- During the first 24 hours after registration, the Customer has the right to test Our Service for an amount of €0.50 (ninety cents) ("Trial Period") - At the end of these 24 hours, subject to termination within this period, a subscription is automatically taken out on a monthly basis for a monthly amount of €47.90 (forty-seven euros and ninety cents). Subject to cancellation, this subscription is automatically renewed from month to month and the card used is automatically debited.
2.2 The prices indicated above are inclusive of all taxes.
3. Right of withdrawal
3.1 You have the right to withdraw from the contract within 2 (two) days after receiving the confirmation following the conclusion of the trial period.
This is a request for withdrawal.
3.2 This withdrawal request can be submitted by sending us an email including the details of the request. A withdrawal confirmation email will be sent to the email address you provided during registration.
3.3 Once you have exercised your right of withdrawal, the sums you have paid to Us will be refunded to the card you used to pay for the Service within 5 to 10 working days of Us receiving your withdrawal request. This right to refund is subject to the condition that You have not used Our Service after the Trial Period; if You have used Our Service after the Trial Period, you understand that no refund will be made for the current month, and that your right of withdrawal will be treated as a request for termination, effective at the end of the month in question.
3.4 If you are domiciled in Switzerland, the right of withdrawal set forth in this Section 3 shall not apply, and any request to exercise this right shall be construed as a request to terminate the Agreement without payment.
4. How the service works
4.1 Once your subscription contract is concluded, you just have to indicate the number of the cell phone you wish to geolocate ("Recipient"). An SMS is then sent to the Recipient containing the message that the Customer will have previously written and specifying his wish to geolocate the cell phone in question. The Recipient is then free to accept or refuse this request, at its sole discretion. You acknowledge that We cannot guarantee that the Recipients will accept your geolocation request, and that any refusal will not entail any liability or right to any reimbursement from Us towards you.
4.2 You are entitled to send an unlimited number of requests to Recipients of Your choice for as long as Your Agreement continues.
4.3 You may not:
- Use the Site in an unlawful manner or contrary to these Terms to sell, copy, rent, lease, loan, distribute, transfer, or license all or any portion of the material on the Site or Our Service, or use Our Service for commercial purposes to attempt to gain unauthorized access to Our systems or Our subcontractors' systems, or participate in any action that disrupts, degrades, or interferes with the operation or function of Our Site and Service.
- Misuse the Site by intentionally delivering a virus or other harmful application. Use our Service for spamming purposes. Denigrate our operations or engage in any conduct that may damage our reputation, whether on Our Service or elsewhere (e.g. on social networks).
5.1 Termination at Customer's request. You may unsubscribe and terminate Your Agreement at any time by clicking on the "Unsubscribe" link in the menu at the top or bottom of the website page, it being specified that Your unsubscription will then take effect either at the end of the Trial Period, i.e. at the end of the current year during which your request for unsubscription was made, in the event that Your Account will be deactivated and access and use of Our Service terminated. Subject to Section 3.3, there will be no refunds.
There will be no refund.
5.2 At the initiative of WEBZOOM LTD, the contract is terminated. We may also terminate Your contract at the end of a month, in which case We will send an email to the address You provided upon registration. In the event of a breach of these terms, including but not limited to section 4.3, We reserve the right to suspend Your account while We conduct the necessary investigations and, if appropriate, to terminate Your agreement with immediate effect; whether this is a suspension or a termination, You will be informed by an email sent to the same address.
5.3 The termination exercised in accordance with this section does not entitle You to a return, in the event that such termination is equivalent to the exercise by You of a right of withdrawal in accordance with paragraphs 3.1 and 3.3.
6. Intellectual Property
6.1 WEBZOOM LTD owns all intellectual property rights in our website and its content, including associated know-how.
6.2 We provide you with the non-exclusive, non-transferable right to access and use our services by entering into this agreement.
This is an intellectual property right.
7. Obligation and Warranty
7.1 To the fullest extent permitted by applicable law, WEBZOOM LTD disclaims any and all obligations arising from Our performance of the Agreement.
This is an obligation of result.
7.2 Irrespective of clause 7.1, WEBZOOM LTD will use reasonable endeavours to ensure that the service is available 24 hours a day, seven days a week. However, WEBZOOM LTD will not be held responsible for unavailability due to bugs, technical constraints, or other maintenance operations, which will not give rise to any right of refund.
There is no right to a refund.
7.3 The Site may include links to other sites that are not maintained or controlled by WEBZOOM LTD, and for whose functionality and content we cannot be held responsible in any way.
8.1 CASE OF FORCE MAJEURE The parties agree that, in the event that the execution of the Contract proves impossible due to a case of force majeure, that is to say an unforeseeable event independent of the will of one or more of the parties, neither party can be held responsible for the non-execution, failures or delays in the execution of any of its obligations due to the occurrence of the said case. The performance of the Contract and its obligations, including payment, will therefore be stopped for the duration of the force majeure event, the payment made for the month during which the force majeure event occurred being retained. However, either party shall have the option of using the termination clause in Article 5.
8.2 NULLITY. If any provision of these terms and conditions is held to be invalid, such invalidity shall not affect the legality of the remaining provisions. The invalid provision shall be replaced and interpreted so as to ensure its legality by a provision as similar as possible to the invalid provision in spirit.
The invalid provision shall be replaced by a provision as similar in spirit as possible.
8.3 COMMUNICATIONS. All correspondence to WEBZOOM LTD should be sent to firstname.lastname@example.org or WEBZOOM LTD, Unit 2 Bridge Road, First Floor, Ashford, Kent, England, TN23 1BB
8.4 GOVERNING LAW AND JURISDICTION. The contract and these terms and conditions shall be governed by English law as to their applicability and performance. Any dispute arising directly or indirectly from these Terms and the resulting Contract shall be submitted to the competent Court of the Client's place of residence where WEBZOOM LTD is the plaintiff, and to the Court of London where the Client is the plaintiff.