Allgemeine Geschäftsbedingungen

Last updated: 23.03.2020

VMN MARKETING SRL („We“) is a Romanian company located at Brasov , Apata , Street Garii , Nr.169  which operates through the site phonetrackerly.com („Site“) a geolocation service allowing any individual acting in a private capacity („Client“ or „You“) to locate a mobile phone with the prior consent of the holder of the telephone number whose location is sought („Service“).

The purpose of these Terms is to define how You, as a Customer, may benefit from the Service („Terms“).

Our Conditions are likely to be modified and supplemented at regular intervals according to the evolution, hypothesis in which We will inform You by e-mail the month preceding their update. Accessing and using Our Service after You have been informed of this update, as well as the absence of termination of Your subscription by the end of the month, implies Your adherence to the latest version of the said Terms.

This version of Our Terms and Conditions is dated 22/07/2019.

  1. registration

1.1 Access to and use of Our Service requires the opening of an account through Our Site („Account“).

1.2 At the time of Your registration, You will be asked for the following information in particular:

  • Email address
  • Password

As a Customer, You guarantee the accuracy, sincerity and reliability of the information communicated to Us, as well as the fact that You are of legal age and have the right to subscribe to Our Service in Your country of residence.

We draw Your attention to the fact that We reserve the right to take any legal action against You, including criminal proceedings, in the event of identity theft.

1.3 Your subscription contract is only validly concluded once the acceptance of the payment made pursuant to Article 2 below has been confirmed („Contract“). You may download Your Contract at any time by sending Us a request to this effect by email.

1.4 The opening of the Account only confers the right to access and use our platform to the Customer who has opened the Account. As a Customer, it is therefore Your responsibility to keep the access codes to the Service (login and password) confidential and to inform Us of any abuse in this regard. Any transmission of access to third parties without Our prior consent is prohibited.

1.5 Access to Our Service is restricted to individuals using it for personal purposes. Any use for professional purposes is prohibited and will result in the immediate termination of Your subscription and, consequently, the possibility of accessing and using Our Service, without prior notice and without any possible refund.

  1. PAYMENT

2.1 The price of the Service is as follows:

  • During the first 24 hours after registration, the Customer is entitled to test Our Service for an amount of € 0.50 (one euro) („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 € 37.90 (thirty-seven euros and ninety cents). Subject to termination, this subscription is automatically renewed from month to month and the card used is automatically debited.

2.2 The above prices are inclusive of all taxes.

2.3 Payment is made through Our Site in euros by credit card (Visa, MasterCard, American Express). The Site is equipped with a secure online payment system enabling the Customer to encrypt the transmission of his bank data. As part of Our payment process, We use an external supplier, TwisPay, and do not store any data relating to your details and bank cards. For more information on this subject, We invite You to consult our privacy policy.

  1. RIGHT OF WITHDRAWAL

3.1 After the Trial Period, You have the right to withdraw from the Agreement within 14 (fourteen) days of sending the Confirmation.

3.2 This withdrawal request can be made by sending us such a request by email. A confirmation of withdrawal will be sent to You by email to the address You indicated during Your registration.

3.3 Once You have exercised Your right to withdraw, You will be refunded the amount You paid to Us within 5 (five) to 10 (ten) days of receipt of Your withdrawal request by an equivalent amount credited to the card You used to pay for the Service. However, this right to a refund is subject to the fact that You have not used Our Service after the Trial Period; in the event that You have used Our Service after the Trial Period, You understand that no refund will be given for the current month, in which case your right of withdrawal will be treated as a request for cancellation and will take effect at the end of the month concerned.

  1. SERVICE OPERATION

4.1 Once your subscription contract has been concluded, all you have to do is indicate the number of the mobile phone you wish to geo-locate („Recipient“). An SMS is then sent to the Recipient containing the message that the Customer will have previously written and stating his wish to geo-locate the mobile phone in question. The Recipient is then free to accept or refuse this request, at his or her sole discretion. You acknowledge that We are not able to guarantee that the Recipients will accept your geo-location request, and that any refusal will not give rise to any liability or right to any reimbursement whatsoever on Our part in respect of You.

4.2 You are entitled to send an unlimited number of Requests to the Recipients of Your choice for as long as Your Agreement continues.

4.3 You are forbidden to:

  • Use the Site unlawfully or in violation of these Terms;
  • Sell, copy, rent, lease, loan, distribute, transfer or sub-license all or part of the content appearing on the Site, Our Service, or use Our Service for business purposes;
  • Attempt to obtain unauthorized access to Our systems or those of Our subcontractors or engage in any activity that may disrupt, diminish the quality or interfere with the performance or functionality of the Site and Our Service;
  • Use the Site for abusive purposes by voluntarily introducing a virus or any other malicious program;
  • Using our Service for spamming purposes;
  • Denigrate Our activities or engage in any behaviour that may damage Our reputation, whether through Our Service or outside it (for example on social networks).
  1. TERMINATION

5.1 Termination at the initiative of the Client. You are at all times entitled to unsubscribe and terminate Your Contract simply by clicking on the „Unsubscribe“ link in the menu at the top or bottom of the page of the site, it being specified that Your unsubscription will then take place either at the end of the Trial Period or at the end of the current month in which Your unsubscription request is made, in which case Your Account will be deactivated and access to and use of Our Service will be terminated. Subject to clause 3.3, no refund will be made.

5.2 Termination at the initiative of VMN MARKETING SRL. We are also entitled to terminate Your contract for the end of a month, in which case We will inform You by sending an email to the address You communicated to Us at the time of Your registration. In the event of a breach of these Terms and Conditions, in particular but not limited to section 4.3, We reserve the right to suspend Your Account for the time necessary for the verifications that may need to be carried out and, where applicable, to terminate Your Contract with immediate effect; whether it is a suspension or a termination, You will be informed by prior notice given to the same email address.

5.3 Cancellation exercised in application of this article does not entitle You to any reimbursement, subject to the hypothesis that such cancellation is equivalent to the exercise of a right of withdrawal on Your part within the meaning of articles 3.1 and 3.3.

  1. INTELLECTUAL PROPERTY

6.1 VMN MARKETING SRL owns all intellectual property rights to our Site and its content, which rights also include the know-how related thereto.

6.2 By entering into the Agreement, We grant You the non-exclusive and non-transferable right to access and use our Services.

  1. LIABILITY AND WARRANTY

7.1 VMN MARKETING SRL disclaims all liability resulting from the performance of the Contract binding Us to the fullest extent permitted by applicable law.

7.2 Notwithstanding Article 7.1, VMN MARKETING SRL shall make reasonable efforts to ensure 24/7 availability of the Service, but shall not be liable for any unavailability due to bugs, technical constraints and other maintenance operations, which shall not give rise to any right to any refund whatsoever.

7.3 The Site may contain links to other sites that are neither edited nor controlled by VMN MARKETING SRL and on the proper functioning and content of which We cannot be held responsible under any circumstances.

  1. MISCELLANEOUS

8.1 MAJOR STRENGTH. The parties agree that, in the event that the performance of the Contract should prove impossible due to an event of force majeure, i.e. an unforeseeable event outside the sphere of control of either party, neither party may be held liable for the non-performance, failures or delays in the performance of any of its obligations that would be due to the occurrence of the said event. The performance of the Contract and the resulting obligations, including payment obligations, shall thus be suspended for as long as the force majeure event lasts, it being specified that the payment made for the month in which the force majeure event occurred shall nevertheless be retained. However, each party shall be entitled to exercise the right of termination set out in Article 5.

8.2 VOID. In the event that any provision of these Terms is held to be invalid, such invalidity shall not affect the validity of the remaining Terms. The void clause will be replaced and interpreted in such a way as to ensure its validity by a clause as close as possible in spirit to the void clause.

8.3 COMMUNICATION. Any communication to be addressed to VMN MARKETING SRL will be addressed to :

  • By email at: [email protected]
  • By mail to: VMN MARKETING SRL Romania , Brasov, Apata , Street Garii , Nr.169.

8.4 APPLICABLE LAW AND COMPETENT COURT. The validity and performance of these Terms and Conditions and the Contract shall be subject to Swiss law, to the exclusion of its rules deriving from the Federal Law on Private International Law. Any dispute arising directly or indirectly from these Terms and Conditions and from the Contract resulting therefrom shall be submitted to the competent court of the Customer’s place of residence when VMN MARKETING SRL is the plaintiff, respectively to the District Court of Eastern Vaud when the Customer is the plaintiff.