Cospex Limited ("trackmob.net") is a Maltese company registered under company number C 88454, with its registered office at The Strand, Fawwara Building Triq I-Imsida Il-Gzira GZR 1401 Malta.
trackmob.net can be contacted using the following contact details:
trackmob.net offers its customers (the "Customers") a service enabling them to geolocate a mobile phone by entering its telephone number (the "Services") via the https://www.trackmob.net platform (the "Platform").
| Function of Conditions General |
The general terms and conditions (the "General Terms and Conditions") constitute the sole document governing trackmob.net's contractual relationship with the Customer and define:
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| Location of the General Terms and Conditions | The Customer can find them via a direct link at the bottom of the Platform page. |
| Acceptance of the General Terms and Conditions | The Customer accepts the General Terms and Conditions by ticking a box when confirming the order. If they do not accept all of the General Terms and Conditions, they will not be able to access the Services. They may be supplemented by special conditions which, in the event of contradiction, take precedence over the General Conditions. |
The Customer can access the Services by going directly to the Platform.
To subscribe to the Services, the Customer must complete the form provided on the Platform.
The Customer must provide trackmob.net with all the information marked as mandatory.
Registration automatically leads to the opening of an account in the Customer's name (the "Account"), which enables you to access the Services using your login and password.
Before subscribing, the Customer acknowledges that he/she can find out about the characteristics of the Services and their constraints, particularly technical constraints, on the Platform.
The Customer acknowledges that the implementation of the Services requires being connected to the Internet and that the quality of the Services depends on this connection, for which trackmob.net is not responsible.
The Services to which the Customer has subscribed are described on the Platform.
In particular, the Customer has access to geolocation Services, throughout the world, from a mobile telephone by entering its telephone number. When the Customer enters a telephone number on the Platform as well as its indicator to obtain its geolocation, trackmob.net sends an SMS to the mobile phone with a URL link allowing acceptance of the geolocation.
The geolocation of the mobile phone can only be carried out, and the geolocation details of the mobile phone can only be sent to the Customer, if the person in possession of the mobile phone has accepted this request for geolocation details by clicking on the URL link received by SMS.
The mobile phone's geolocation details are only valid when the person in possession of the mobile phone clicks on the URL link received by SMS.
trackmob.net reserves the right to offer any other Service.
Any request to change the Services subscribed to must be the subject of a new subscription.
For the duration of the Services, the Customer benefits from maintenance, in particular corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended.
Concerning corrective maintenance, trackmob.net makes its best efforts to provide the Customer with corrective maintenance in order to correct any malfunction or bug found on the Platform.
Concerning evolutionary maintenance, the Customer benefits for the duration of the Services from evolutionary maintenance, which trackmob.net may carry out automatically and without prior notice, and which includes improvements to the Platform's functionalities, the addition of new functionalities and/or technical installations used within the framework of the Platform (aimed at introducing minor or major extensions).
Access to the Platform may also be limited or suspended for reasons of planned maintenance, which may include the corrective and evolutionary maintenance operations referred to above.
trackmob.net ensures, under the terms of an obligation of means, the hosting of the Platform, as well as the data entered on the Platform, on its servers or via a professional hosting provider, and on servers located in a territory of the European Union.
In the event of any difficulty encountered when using the Services, the Customer may contact trackmob.net using the contact details mentioned in the article "Identification of trackmob.net".
The technical support service is accessible from Monday to Sunday, from 8 am to 9 pm. Depending on the need identified, trackmob.net will estimate the response time and keep the Customer informed.
The Customer takes out a subscription to the Services (the "Subscription").
The Subscription begins on the day it is taken out for a trial period of 48 hours (the "Trial Period"). It is tacitly renewed for a period of one month (the "Initial Period") at the end of the Trial Period, unless the Customer unsubscribes before the end of the Trial Period under the conditions set out in the article entitled "Termination of Services".
It is then renewed tacitly, for successive periods of the same duration as the Initial Period (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the terms of the "Termination of Services" article.
The price of the Services is € 0.50 for the Trial Period and € 29.90 per month for the Subscription.
The price of the Subscription, including the Trial Period, includes a limit of 30 requests for mobile phone geolocation coordinates per month. If the Customer reaches this limit of 30 requests for mobile phone geolocation coordinates per month, the Customer acknowledges and accepts that he/she will not be able to request additional geolocation coordinates until the following month.
When geolocation details are requested from a mobile phone, a text message is sent to the mobile phone entered by the Customer asking it to accept the geolocation request. The cost of sending this SMS is billed to the Customer at the rate of one SMS message.
The Customer acknowledges and accepts that any sending of an SMS is invoiced to the Customer, including cases where the SMS could not be sent to its addressee, due to circumstances outside or not attributable to trackmob.net.
The prices shown on the Platform are in euros and exclusive of tax (excluding VAT).
In the event of the application of an exchange rate, the exchange costs applicable on the date of payment of the price shall be borne by the Customer. Where applicable, the Customer is solely responsible for the payment of all bank charges related to the payment of prices, with the exception of trackmob.net's bank charges.
Any Period started is due in full.
trackmob.net is free to propose promotional offers or price reductions.
trackmob.net sends the Customer an invoice for each Period by any useful means.
Payment for the Subscription is made by bank card using the secure online payment services specified on the Platform.
The Customer guarantees that trackmob.net has the necessary authorisations to use this method of payment.
In the event of non-payment or late payment, trackmob.net reserves the right, from the day after the due date shown on the invoice, to immediately suspend the Services in progress until full payment of the sums owed and to charge late payment interest equal to the legal interest rate applicable on the date of the formal notice, based on the amount of the sums not paid by the due date and a fixed indemnity of 40 euros for recovery costs, without prejudice to additional compensation if the recovery costs actually incurred exceed this amount.
The Customer has a right of withdrawal.
This right of withdrawal is 14 calendar days from acceptance of the Terms and Conditions. The Customer may exercise this right free of charge by sending a letter to trackmob.net before the end of this period to the contact details mentioned in the article "Identification of trackmob.net":
If the Customer exercises its right of withdrawal, trackmob.net will reimburse all payments received, using the same means of payment that the Customer used (unless the Customer expressly accepts a different means), without undue delay and no later than 14 calendar days from the day on which trackmob.net was informed of the Customer's wish to withdraw.
The Platform is the property of trackmob.net, as are the software, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, etc.) that it uses. They are protected by all intellectual property rights or rights of producers of databases in force. The licence that trackmob.net grants to the Customer does not entail any transfer of ownership.
The Customer is granted a non-exclusive, personal and non-transferable licence to use the Platform in SaaS mode for the period set out in the article "Duration of subscription to the Services".
The Customer undertakes to provide trackmob.net with all the information required to subscribe to and use the Services.
The Customer is solely responsible for their accuracy and completeness, and trackmob.net cannot under any circumstances be held liable for any errors, typos, omissions or indications likely to mislead trackmob.net or likely to prevent the SMS from being sent to the desired recipient.
The Customer:
The Customer must immediately contact trackmob.net at the coordinates mentioned in the article "Identification of trackmob.net" if he notices that his Account has been used without his knowledge. The Customer acknowledges that trackmob.net will have the right to take all appropriate measures in such a case.
Customers are responsible for their use of the Services and for any information they share in this context. They undertake to use the Services personally and not to allow any third party to use them in their place or on their behalf.
The Customer undertakes not to use the Services for purposes other than those for which they were designed, and in particular to:
The Customer also undertakes not to:
The Customer guarantees trackmob.net against any claim and/or action that could be brought against it following the breach of one of the Customer's obligations. The Customer will compensate trackmob.net for any damage suffered and will reimburse trackmob.net for any sums it may have to bear as a result.
trackmob.net undertakes to provide the Services diligently, it being specified that it is bound by an obligation of means.
trackmob.net undertakes to comply with the regulations in force.
trackmob.net makes its best efforts to provide the Customer with quality Services.
To this end, it carries out regular checks to verify the operation and accessibility of its Services and may carry out maintenance under the conditions specified in the "Maintenance" section.
trackmob.net is however not responsible for difficulties or momentary impossibility of access to its Services due to:
trackmob.net is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.
Furthermore, it does not guarantee that the:
trackmob.net will do its best to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of scheduled maintenance under the conditions defined in article "Maintenance" or force majeure.
trackmob.net provides sufficient storage capacity for the operation of the Services.
trackmob.net makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Platform, to detect and prevent malicious acts and to recover data.
trackmob.net may use subcontractors to carry out the Services, and these subcontractors are subject to the same obligations as trackmob.net in the course of their work. Nevertheless, trackmob.net remains solely responsible to the Customer for the proper execution of the Services.
trackmob.net may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Customer. Where applicable, it will inform the Customer of this substitution by any written means.
trackmob.net's liability is limited to proven direct damage suffered by the Customer as a result of using the Services.
The Customer acknowledges and accepts that the geolocation information will only be provided as an indication, trackmob.net giving no express or implicit guarantee as to the accuracy or completeness of this information.
The Customer is solely responsible for the use he makes of the Services and the geolocation coordinates obtained. In this respect, trackmob.net cannot be held liable for any use or any decision made by the Customer on the basis of the geolocation data obtained via the Services.
Furthermore, the geolocation coordinates obtained via the Services are only valid at the time and on the day they are generated by trackmob.net. trackmob.net does not guarantee the validity or accuracy of these geolocation coordinates beyond the aforementioned period.
Proof may be established by any means.
The Customer is informed that the messages exchanged via the Platform as well as the data collected on the Platform and trackmob.net's computer equipment constitute one of the accepted methods of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
trackmob.net is responsible for processing the Customer's personal data and the telephone number provided in connection with geolocation requests, as well as the geolocation coordinates obtained, within the meaning of the General Data Protection Regulation (RGPD).
To find out more about the processing carried out by trackmob.net, the Customer is invited to read trackmob.net's confidentiality policy, which is available on the Platform.
Unless otherwise agreed in writing by the other party, the parties undertake respectively to keep confidential, for the duration of their contractual relationship and for 3 years thereafter, all information relating to or held by the other party, of which they become aware in the course of entering into and performing their contractual relationship.
This obligation does not extend to information:
Confidential information may be passed on to the parties' respective employees, collaborators, trainees, agents and co-contractors, provided that they are subject to the same obligation of confidentiality.
The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship, as defined in article 1218 of the French Civil Code.
If one of the parties is prevented from performing its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. The obligations will be suspended on receipt of the letter, and will have to be resumed within a reasonable period of time once the case of force majeure has ceased.
The prevented party nevertheless remains bound to perform any obligations not affected by force majeure and to make any payments.
The Subscription and the Trial Period may be terminated at any time by:
Any Period started is due in full. Cancellation is effective immediately.
The Customer no longer has access to their account once the Services have ended.
The following are essential obligations to the Customer (the "Essential Obligations"):
In the event of a breach of one of these Essential Obligations, trackmob.net may:
These sanctions are without prejudice to any damages that trackmob.net may claim from the Customer.
In the event of a breach of any obligation other than an essential Obligation, trackmob.net will ask the Customer by any useful written means to remedy the breach within a maximum period of 15 calendar days. The Services will be terminated at the end of this period if the breach is not remedied.
Termination of the Services entails deletion of the Customer's Account.
trackmob.net may modify its General Terms and Conditions at any time and will inform the Customer by any written means (and in particular by email) at least 1 month before they come into force.
The amended General Terms and Conditions apply as soon as they come into force.
If the Customer does not accept these changes, they must terminate their Subscription in accordance with the terms and conditions set out in the "Termination of Services" article.
If the Customer uses the Services after the entry into force of its modified General Terms and Conditions, trackmob.net considers that the Customer has accepted them.
In the event of any contradiction or dispute as to the meaning of a term or provision, the French language shall prevail.
In the event of a dispute between the Customer and trackmob.net, the Customer may have recourse free of charge to the following consumer mediator with a view to an amicable settlement:
The Malta Mediation CentreIf the Customer is a foreign consumer located in the European Union, he or she can go to the European platform for settling consumer law disputes, which can be accessed here.
The General Terms and Conditions are governed by French law.
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of: ___________________
Address: ___________________
Telephone: ___________________
E-mail address: ___________________
I hereby notify you of my withdrawal from the contract for the services: ___________________
If the refund is made in a form other than the initial means of payment: I expressly accept that the refund may be made by ___________________.
Registration on the ___________________ platform on ___________________.
Customer name: ___________________
Customer address: ___________________
Customer signature: ___________________
(only if this form is submitted on paper) Date: ___________________
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