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1. Acceptance
This website and tracking service by SMS called Geofinder (hereinafter the Service) is available to any user, for their own consumption, and subject to the terms and conditions: these Terms of Use and Contract (hereinafter TUC), our Privacy Policy and Cookies Policy.
When you use the Service, you accept these TUC and the other terms and conditions. With it, you agree to not use this site for illegal purposes.
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2. Description of the Service
Through the Service, Geofinder allows to track the current position of a person that has consented to be tracked. The Service allows an SMS to be sent to the recipient to tell them that someone wants to know their location. If the recipient of the message expressly accepts, the recipient’s geoposition at that specific moment is shared with the requesting party.
In no case shall the geolocation go beyond that specific moment in which it has been accepted. The monthly payment of the service does not guarantee that the person you are looking for can be tracked, the means to achieve this shall only be provided. But if the person is missing, with the mobile phone stolen, turned off or they do not accept the link we send by SMS, we will not be able to get their GPS position.
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3. Age
With regards to the use of the Service, you state that you are of legal age and that you have the legal capacity necessary to be bound by this agreement and to use it in accordance with its terms and conditions, which you fully understand and acknowledge.
You state that all the information you provide to access the Service, before and during its usage, is true, complete and accurate.
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4. Intellectual and industrial property
The Service’s content and information (among others, data, text, audio, image and computer code), as well as the infrastructure used to provide such content and information, is property of Geofinder or it has the corresponding authorisations for its use.
Also, the modification, reproduction, duplication, copy, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes of the Service is strictly prohibited. For any other use of the Service’s content our prior written consent is required.
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5. User Content
You may contribute to the Service by sending us messages to our email address or through the contact form (hereinafter “Content”).
We can use your Content in different ways, such as: show it on the website, reformat it, translate it to other languages, edit it to provide clarity, correct errors, promote it or distribute it.Therefore, by submitting Content to us you grant Geofinder worldwide, non-exclusive royalty-free licence, until the content is removed, transferable and sub-licensable on that Content.
That means that the content remains yours, but Geofinder due to this license of use, can: a) use, reproduce, modify, adapt, translate, distribute and publish the Content, create derivative works from it, show it and display it around the world, by any known means and for any legitimate purpose; and b) use the name you send with regard to this Content.
However, Geofinder reserves the right to not publish content or information that is false, illegal, misleading or contrary to the rights of third parties.
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6. Price and taxes
The prices of the plans offered by Geofinder are shown in euros (€) or US dollars ($) and include the applicable value added tax (VAT) to these services in Spain (21%).
If the client’s place of residence or address is in another member state of the European Union or a non-EU state, the plan’s price may suffer modifications if the applicable tax rate of different.
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7. Payment methods
The payment of the contracted Service can be made: - By VISA or MasterCard credit or debit card, the amount being charged when purchasing the products. In this regard, Geofinder informs credit and debit card holders that they are responsible for transactions on the online store. These are made on a secure page, using SSL technology to ensure the security in the transmission of data.
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8. Validity of offers
The Service offered, and the prices of any plans or types, shall be available to purchase while they are accessible through this website.
In all cases, Geofinder reserves the right to make modifications to the Service that it considers appropriate, being able to update products and services according to the market. With regards to the prices that appear on the website, Geofinder reserves the right to change these without prior warning.
We inform you that despite the updates made to the prices of the Service, these may contain errors. We shall promptly correct all the errors that appear, but they shall not be binding on the Service.
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9. Guarantees
All rights that the laws in force guarantee you as a consumer and user are guaranteed.
In any case, while Geofinder shall make all reasonable commercial efforts to provide the Service, you understand that: a) the user’s 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 is always obtained or that it can be done with sufficient precision.
In any case, and as far as the law allows, Geofinder reserves the right to reject, suspend or cancel the provision of the Service at its sole discretion.
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10. Responsibility
To use the Service, you confirm that: a) you have lawfully obtained the telephone number that you want to track and with its owner’s prior consent and; b) that you do not intend to use the Service for any unlawful purpose.
On the other hand, to the extent permitted by the applicable law, Geofinder shall not be responsible for any loss of data or programmes as a result of using the Service.
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11. Security
On the other hand, Geofinder ensures the security of the Service in accordance with current technological knowledge.
However, Geofinder cannot ensure the complete security of the Service, although it agrees to remedy and implement the appropriate corrective measures to correct any possible security breach as soon as possible.
Geofinder shall not be responsible for damages that may occur when using the Service if it is as a result of unforeseeable technical problems or, if they are foreseeable, are unavoidable. Similarly, Geofinder shall not be responsible when the defective action of the user, whether the sender or recipient of the message, causes damage.
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12. Subscription and reimbursement
Access the service using a trial of 24 hours for $ 1 and after that time if you do not cancel the account, your subscription to the service is monthly for an amount of $ 31.99 and will be renewed automatically for the same period of time until its completion.
Unless you cancel your subscription, you authorise us to charge the monthly subscription fee corresponding to your payment method.
You may cancel your subscription to the Service whenever you wish, and you shall continue to have access to it until the end of your monthly invoicing period. To the extent permitted by law, the payments are non-refundable and we do not give refunds or payments for partial periods of the monthly subscription.
In any case, if you had contracted the Service, the corresponding amount had been invoiced after the initial grace period, but you had not sent any message, you may ask for the full refund of the amount charged if you request it before 14 calendar days have passed since contracting the Service. To cancel the Service or to request a refund, log in to your profile.
If the credit card with which you registered on the Service does not have sufficient funds when charging the monthly payment, the account will be cancelled at that time.
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13. Withdrawal
If you contract the Service, you shall be contracting the supply of digital content not provided in physical form.
Therefore, and as soon as the content has started to be implemented, you accept and understand that the right of withdrawal, as established in article 103 m) of the General Law on Consumer and User Protection, approved by the Royal Legislative Decree 1/2007, of 16 November, is not applicable to this contract.
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14. Modifications and nullity
We may update the terms and conditions of the Service in the future, as well as the characteristics and functions of the Service itself.
We shall inform you about the changes in the terms and conditions by placing a notification in a visible place on our website and/or by email.
If any clause included in our terms and conditions is declared, fully or partially, null or void, it shall only affect the provision in question or the part that is null or void. The rest of our terms and conditions shall remain in effect and the provision in question, or the affected part of it shall be considered to have been excluded.
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15. Complaints and actions arising from the contract
This service is governed by Spanish law.
In order to simplify the settlement of complaints through civil proceedings and to reduce costs, we do not exclude the possibility of submitting to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry.
In this regard, and according to the applicable regulations, Geofinder informs you of the existence of a European online platform for resolving disputes which enables these disputes to be settled out-of-court for contracts concluded online between consumers and Internet service providers. You may access this platform through the following webpage: http://ec.europa.eu/odr
