The Terms and Conditions govern the localization service (the "Service(s)") that SWEETMOBILE S.L., which operates under the trademark "GpsMob" ("GpsMob"), offers to any Internet user (the "Client") through its website hosted at the URL WWW.GPSMOB.COM (the "Website").
The identification and contact details of SWEETMOBILE, S.L, are:
Address: Avda. Corts Catalanes 5, 08173 Sant Cugat del Vallès (Barcelona)
E-mail address: email@example.com
Registrar data: Registered in the Mercantile Registry of Barcelona, Volume 45121, Folio 28 and Page B-477456
2. Acceptance and age requirements
By placing an order for the Service, the Client declares to be of legal age and have the necessary legal capacity to contract the Services in accordance with the Terms and Conditions. For this purpose, GpsMob reserves the option to request, at any time, the Client to provide proof of age. In the event that GpsMob verifies that the Client does not have the required age, or does not adequately address the requirement, GpsMob will cancel the execution of the contracted Service.
The contracting of the Services offered through the Web entails the acceptance of these Terms and Conditions so that, before proceeding to their acceptance, the Client must read carefully its content. If they are not accepted, the contracting of the Service will not be carried out and, consequently, will not entail the assumption by GpsMob of any type of obligation or responsibility.
GpsMob reserves the right to modify the content and/or scope of the Terms and Conditions at any time, in which case the Client will be duly notified.
In order to proceed with the contracting of the Service, the Client must follow each of the steps of the procedure provided on the Web without prior registration.
Through the Service, GpsMob makes it possible to locate the geographic location of a natural person provided that he/she previously accepts to be located. In this sense, a message in SMS format is sent to the recipient's device to indicate that the Client wishes to know his/her location. If the recipient expressly accepts the request, the geolocation of the recipient at that time will be provided to the Client. In no case will the recipient's location go beyond the specific moment at which he/she has accepted the Client's request.
The payment of the Service does not guarantee that the recipient can be located as it only provides the means to do so but, for example, it cannot be geolocated in the event that the recipient is missing, does not have the mobile device, is turned off or without coverage, or does not accept the link received through the SMS message.
4. Price and payment terms
The prices of the Service shall be those shown in Euros on the Website and shall include Value Added Tax (VAT) and/or, if applicable, any other tax and/or fee applicable in the territory of application.
GpsMob reserves the right to make, at any time, the changes it deems appropriate on prices. In any case, the prices applicable to the contracting of the Service made by the Client will be the one stated at the time of acceptance of the Terms and Conditions.
The Customer must pay by debit or credit card (Visa, Mastercard, AmericanExpress or others provided on the Web).
The Client must include the payment information required in the contracting procedure. The charge will be made once it is accepted by the financial institution through which the payment is made, otherwise the contract will not be carried out.
Subsequent to such payment, the Client will receive an e-mail confirming the contract along with a copy of the Terms and Conditions.
Once the payment of the initial period of 0.60€ is made, the Customer may use the Service for a trial period of twenty-four (24) hours and, after such period without cancellation of the Service, it will be understood that the Customer subscribes for a monthly period with a price of 49.99€, tacitly renewable, unless expressly cancelled by the Customer. To this effect, by accepting the Terms and Conditions, the Client authorizes GpsMob to instruct his/her financial institution to debit the amounts of the Service from his/her current account on a monthly basis and, where necessary, the Client undertakes to request his/her financial institution to debit his/her account in accordance with GpsMob's instructions.
In the event that the credit/debit card used to sign up for the Service does not have funds available at the time of the monthly charge, the Client's account will be cancelled and the Services will be suspended.
Due to the characteristics of the Service, the right of withdrawal provided for by current regulations shall not be applicable from the moment the execution of the Service begins.
6. Warranties and liability
The Client warrants to GpsMob that (a) he/she has lawfully obtained the telephone number of the intended recipient; (b) he/she is requesting the Service for a lawful and proper purpose; and (c) the information provided to access the Service is true and complete.
GpsMob shall not be liable for (a) problems, errors, malfunctions that the Service may suffer as a result of technical problems attributable to the Customer or third parties, which are unforeseeable or, being foreseeable, are unavoidable; (b) any loss and / or damage, loss of profits, property damage, loss of data or operating time, suffered directly or indirectly by the Customer for reasons not attributable to GpsMob, in particular, by computer attacks, the entry of intruders in the systems and / or the hijacking of their data by third parties; (c) any infringement of regulations, third party rights or the terms of the Contract incurred by the Client during the execution of the Service; and (d) the breach of any of the obligations under the Contract due to force majeure.
In any case, the liability of GpsMob against the Client for fault or negligence shall not exceed, in any case, the amounts received by the Client as a result of payments for the Services.
7. Protection of personal data
In relation to the personal data provided by the Client during the Service contracting procedure, GpsMob, in its capacity as Data Controller, will process them in order to correctly execute the Service and send informative communications about GpsMob, as well as possible offers and news about its products and services.
GpsMob processes the Client's identification data, as well as its bank details, for the execution of the Services.
The legal basis for the processing of data by GpsMob is the execution of the contractual relationship.
Personal data will be kept for the legal period provided for by current legislation (especially in tax and accounting matters) and may be communicated to financial institutions for the management of the payment of the Service and, where appropriate, to the Public Administrations in accordance with current legislation.
The Client may exercise his/her rights of access, rectification, deletion, limitation, portability and opposition to the processing of his/her data by sending an e-mail to firstname.lastname@example.org. In the event that he/she does not receive a satisfactory response or would like further information regarding any of these rights, he/she may contact the Spanish Data Protection Agency.
GpsMob has implemented the necessary technical and organizational security measures to ensure the security of your personal data and avoid its alteration, loss, treatment and / or unauthorized access, given the state of technology, the nature of the data stored and the risks to which they are exposed, whether from human action or the physical or natural environment.
GpsMob cannot guarantee the total security of the Service, although it undertakes to remedy and implement the appropriate corrective measures within its power to correct any possible security flaws as soon as possible.
The Client agrees to notify GpsMob, immediately and via email to email@example.com, of any incident that may compromise the security of the Website and/or his/her own account.
On the Web and/or through the Service, the Client may be redirected to other websites via links. However, GpsMob does not control such websites and/or their content, subject to its own terms and conditions and, therefore, is not responsible for the quality, truthfulness or accuracy of such sites nor does the existence of linked sites imply their recommendation, endorsement, identification and/or compliance by GpsMob.
10. Intellectual and industrial property
All intellectual property rights on the content of the Service (among others, data, texts, sounds, images or source codes), its structure, selection and order, are owned by GpsMob and/or, if applicable, by its licensors.
The distinctive signs included in the Web are owned by GpsMob or its licensors. Likewise, the domain name WWW.GPSMOB.COM in which the Website is hosted is owned by GpsMob.
Consequently, it is forbidden to the Client the reproduction, duplication, copy, distribution, public communication, transformation, extraction, sale and other forms of exploitation and / or any other form of dissemination not expressly authorized, the Web, its contents and / or distinctive signs and domain names owned by GpsMob.
In relation to the contents that the Client hosts on the Web, he/she grants GpsMob a worldwide license, indefinitely and non-exclusively, free of charge, with the right to transfer to third parties, to use, reproduce, distribute, transform, publicly communicate, extract, adapt or translate the contents, within the framework of its activity.
The Client may unsubscribe and cancel the subscription to the Service at any time by accessing his/her profile or by sending an e-mail to firstname.lastname@example.org. The cancellation of the Service will take effect at the end of the monthly period in which the cancellation is requested.
If any clause included in the Terms and Conditions is declared, totally or partially, null and void or ineffective, this shall only affect such provision or the part of it that is null and void or ineffective. The Terms and Conditions shall survive in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been made.
The Terms and Conditions are written in English, French, Italian, Spanish, Portuguese and Russian. In case of contradiction between these versions, the Spanish version shall prevail.
14. Complaints and claims
For any clarification, incident or complaint, the Customer may contact GpsMob via e-mail email@example.com, pledging to address them as soon as possible and, in any case, within one month after they are submitted. The Customer may ask GpsMob for a physical invoice of the Service contract.
15. Applicable law and competent courts
The Terms and Conditions shall be governed by and construed in accordance with Spanish law.
In this regard, and in accordance with the applicable regulations, GpsMob informs Customers of the possibility of submitting their claims to the dispute resolution platform available through the following link: http://ec.europa.eu/odr
Likewise, in the event that any conflict or discrepancy arises in the interpretation and/or application of the Terms and Conditions, the competent Courts shall be those provided for in the applicable regulations regarding jurisdiction over consumers and users.