Terms and Conditions of Use of the Service Positionexacte
1. Purpose and identification
These Terms and Conditions (hereinafter, "TyC") regulate the legal relationship arising from the contracting processes formalized by the clients who hire the Service (hereinafter, the "Clients") through the website www.positionexacte.com (hereinafter, "Website").
The company Irish Longstone Mobile Ltd (hereinafter "Positionexacte"), located at VAT - IE04170949LH 71 Lower Baggot Street, Dublin, Ireland is the owner of the Website. Positionexacte has the contact email address .
Positionexacte provides the Service described in section 3 of these TyC (hereinafter, the "Service"), which can be contracted through the Website.
The Client, at the moment they complete the registration process and hire the Service, expressly accepts and submits to the clauses specified below, as well as to the access and use conditions 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 of our webpage, and can be downloaded in PDF format at the time of contracting. The Client acknowledges that the charge on their bank statement may appear as VendoStore*easyassist, VendoStore*findphone.io, XP*21LOSTPHONE, findphone, Positionexacte or longstone mobile ltd.
2. Acceptance and Scope of Application
By navigating the Website and/or using the Service, the Client fully and unreservedly accepts these Terms and Conditions (TyC). Likewise, the Client agrees not to use the Website or the Service for illegal purposes. The Website and the Service are available for any user for personal use and within the legally established limits.
The conditions established for the provision of the Service in accordance with these TyC will apply when the Client acts as a consumer, in accordance with the applicable consumer protection regulations in their place of residence. For these purposes, in case of contracting the Service through the Website, the Client declares that they act as a consumer. Otherwise, to contract the Service, they should contact Positionexacte directly via email .
In case of discrepancies between the different linguistic versions of these TyC, the Spanish version will prevail.
3. Service Description
The Service provided by Positionexacte consists of the ability to obtain the geographical location of a mobile phone terminal at a specific moment, conditioned on the fact that the owner of the terminal has given their consent for the geolocation of the terminal. To do this, Positionexacte allows the Client to send an SMS to the recipient to inform them that someone wants to know their location. If the recipient of the message expressly agrees to share their location, the geographical location of the recipient at that specific moment is shared with the Client. The geolocation is limited to that specific moment in which the recipient has agreed to share their location. The Client may request up to 5 geolocations per day, every day while their subscription lasts, and for any type of phone number. The Client acknowledges that the payment of the established fee for the subscription of the Service does not guarantee that the location of the requested terminal can be obtained, as this will depend on the acceptance of the recipient, but it does guarantee that a geolocation can be requested.
Positionexacte does not guarantee in any case the obtaining of the requested location nor its accuracy, as the provision of the Service depends on external factors beyond Positionexacte, including, among others, the consent of the recipient, the status of the device, and its connectivity.
However, if the phone number does not exist, the recipient's mobile phone has been stolen, is turned off, or the recipient does not agree to provide their location and/or does not follow the steps indicated for that purpose by Positionexacte, Positionexacte will not be able to obtain the recipient's location nor provide it to the Client.
In such cases, this will not constitute a breach of Positionexacte's obligations regarding the provision of the Service.
4. Age and accuracy of the information provided
The Client declares that they are of legal age, that they have read, understood, and fully accept the Terms and Conditions and that they have the legal capacity necessary to be bound by these Terms and Conditions. They also declare that all information provided to access the Service, both prior to and during its use, is true, complete, accurate, and precise.
The Client acknowledges that they have had full access to the Terms and Conditions prior to the commencement of the subscription procedure for the Service, and that they have had the possibility of storing or reproducing them on a durable medium.
To subscribe to the provision of the Service, the Customer must follow the steps outlined in the Website process. The Customer will complete all fields to identify themselves and choose the Service and the corresponding payment method. The prices of the plans offered by Positionexacte are shown in euros (€) and include the applicable value-added tax (VAT) when appropriate.
The prices and charges corresponding to the Service will apply according to the rates in effect at any given time. These rates will be published and accessible through the Website, without prejudice to any offers or promotions in effect at any given time. Any modification of the rates will be communicated to the Customer via email, notification in the private area, or any other reasonable means that Positionexacte deems appropriate for the Customer to acknowledge such modification and the new rates.
7. Payment Methods and Billing
The Website uses a secure payment system through a provider specializing in online payment security that complies with PCI Data Security Standard requirements. This system guarantees the complete confidentiality of your banking information. Positionexacte guarantees that it has the necessary authorizations to use the payment method when placing the order. The credit card transaction between the Customer and the secure system is completely encrypted and protected. This means that your credit card number is never fully disclosed to Positionexacte. The cardholder is responsible for transactions made through the Website. The first payment occurs at the end of the trial period of the promotional offer as set forth in section 13 of the Terms and Conditions.
The Customer may request from Positionexacte the invoice for each monthly subscription period that has been contracted. Positionexacte will make this invoice available to the Customer through the private area of the Website, which the Customer can access using a personal key. The Customer expressly agrees that this invoice will be issued in electronic format. However, the Customer may revoke this consent at any time and request the issuance of a paper invoice by emailing the following address: .
In case a payment cannot be processed correctly due to insufficient funds or other temporary reasons, the Customer authorizes Positionexacte to make additional collection attempts using the same payment method provided for recurring charges.
7.a. Payment Failures and Reduced Prices
In case it is not possible to process a payment due to insufficient funds or other temporary reasons, Positionexacte may apply a reduced price to the subscription in order to maintain the provision of the Service.
If such a reduced price is applied, it will replace the previous subscription price and will be applicable in subsequent billing periods, unless the Customer cancels their subscription in accordance with these Conditions.
The reduced price will be applied as a single adjusted amount. Positionexacte will not make multiple collection attempts with different amounts for the same billing period.
The Customer will be informed of any price modification by notification in their private area or by email before or at the time the corresponding charge is processed.
If it is not possible to process the payment after the application of the reduced price, Positionexacte may suspend or cancel the subscription in accordance with these Conditions.
8. Consent for data processing
By accepting these Terms and Conditions, the Client consents, where necessary, to the collection, use, and processing of their personal data. This processing is carried out 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 email addresses and phone numbers.
Purpose of data collection. The collected data 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 accepting these Terms and Conditions, the Client agrees to the collection and processing of their data as described. They can withdraw their consent at any time by following the instructions outlined in our Privacy Policy. Once consent is withdrawn, we will stop processing their personal data for purposes that require consent, unless we have a legal obligation to retain it.
Your rights. The Client has the following rights regarding their personal data: Right to access, rectify, or delete their data, to limit or object to processing, to data portability, and to lodge a complaint with a supervisory authority.
9. Validity of rates and offers
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Positionexacte reserves the right to make changes to the Service that it deems appropriate, and to update the Service according to the market. However, Positionexacte 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, Positionexacte 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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Positionexacte 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 Positionexacte 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 Proper Use of the Service
The Client declares to understand that:
a) geolocation requires the express consent of the recipient and;
b) that even with their consent, the state of technology does not guarantee that their location will always be obtained or that it can be done with sufficient accuracy.
In any case, and to the extent permitted by law, Positionexacte reserves the right to refuse, suspend, or cancel the provision of the Service when the Client has breached any provision of the Terms and Conditions (TyC) and, particularly, but not limited to, the commitments regarding proper use of the Service regulated in section 10 of the TyC.
The Service is offered exclusively to the final Client and for legitimate use, within the limits established by the current laws at any given time and based on good faith.
To use the Service, the Client declares under their own responsibility that:
a) they have legally obtained the phone number they wish to track and with the prior consent of its owner and user and;
b) that they do not intend to use the Service for any illegal purpose.
In particular, the Client declares to know that, by way of non-exhaustive example, it is not permitted to use the Service:
In violation of the laws of Irish and/or those that apply in each case.
That infringes the rights of third parties or the proper use of the Service which is solely for the 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 violation of the provisions of applicable regulations on Personal Data Protection.
The reselling of traffic or the Service, the commercialization or economic exploitation of it by any means or system.
Obtaining the consent of the recipient whose location will be tracked through coercion and/or deception.
In case the Client breaches any of the obligations established in this section, Positionexacte will be entitled to immediately terminate the contractual relationship with the Client and/or temporarily block the affected Services until the circumstances of the irregular use of the Service are clarified.
12. Liability
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Except as otherwise provided by mandatory rule, Positionexacte 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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Positionexacte guarantees the security of the Service in accordance with current technological knowledge. However, Positionexacte 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 or on our Customer Support chat: https://easyassist.io/?ref=trouvetelrapide&lang=en any loss of information, unauthorized access or use by third parties or any situation that may result in identity theft of other users. Positionexacte 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, Positionexacte 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, Positionexacte 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 Positionexacte 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 Positionexacte 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. Positionexacte 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 Positionexacte 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://trouvetelrapide.com/en/client/unsubscribed or by one of the following means: by email , by post to the address 71 Lower Baggot Street Dublin, Ireland or via our Customer Service chat (https://easyassist.io/?ref=trouvetelrapide&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, Positionexacte shall promptly confirm receipt of the withdrawal notice by e-mail.
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Positionexacte 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, Positionexacte 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, Positionexacte 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, Positionexacte makes available to the Customer a Customer Service Center which can be accessed through our chat: https://easyassist.io/?ref=trouvetelrapide&lang=en or 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: or through our Customer Service chat (https://easyassist.io/?ref=trouvetelrapide&lang=en) 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, Positionexacte 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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Positionexacte 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 Positionexacte 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.
For any inquiries, complaints, or issues related to the Service provided by Positionexacte, the Client can contact the Customer Service Center through our chat.
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/
