General

Please find below the latest MobiFind terms and conditions (“Terms”).

Access to, and use of MobiFind services (“Services”), and the MobiFind website https://www.MobiFind.eu (“Website”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by using or visiting our Website, you are bound to these Terms and you indicate your continued acceptance of these Terms.

1. Your MobiFind Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and MobiFind may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose MobiFind to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify MobiFind of any unauthorized uses of your information, your account or any other security breaches. MobiFind will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Users of the Website and Services

Your access to, and all of your use of the Website, and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and MobiFind.

When accessing or using the Website and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Website and/or Services, and you agree not to use the Website, for any of the following:

• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
• Communicating, transmitting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, material that infringes on any other intellectual property, privacy or publicity right of another;
• Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
• Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of the Website, Products, and/or Services, or our provision of Services to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website.

In addition, if you operate an account, contribute to an account, transmit material to the Website, transmit links via the Website, or otherwise make material available by means of the Website (any such material, "Content"), you are solely responsible for the content of, and any harm and damages resulting from that Content. By transmitting Content to and from our Website, you represent and warrant that:

• Content will not infringe any rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• If your employer has rights to intellectual property you create, you have either (i) received written permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a written waiver as to all rights in or to the Content;
• You have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• The Content does not contain any links to Phishing, viruses, worms, malware, Trojan horses or other harmful or destructive content;
• The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.

If you delete Content, MobiFind will use reasonable efforts to remove it from the Website and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MobiFind shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.

MobiFind disclaims any liability for any harm or damages resulting from your access or use of the Website, Products, and/or Services, or access or use of non-MobiFind websites.

MobiFind has the right (though not the obligation) to (i) refuse or remove any Content that, in MobiFind’s reasonable opinion, violates any MobiFind policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Website, Products, and/or Services, to any person for any reason, in MobiFind’s sole discretion.

3. Acceptance

This website and the SMS location service called MobiFind (hereinafter the Service) is available to any user, for their own consumption, and subject to the following terms and conditions: these Terms of Use and Contracting (TUC), Our Privacy Policy and Cookies Policy.

When you use the Service, you accept these TUC and the rest of the terms and conditions.

With this you agree to only use this site for legal purposes.

4. Description of the Service

MobiFind offers a service through which you can geolocate a person after their prior consent. This service sends a text message to the recipient to indicate that someone wants to know his/her location. Once the SMS recipient has expressly accepted, their geolocation at that precise moment will be shared with the applicant. The geolocation, in no case goes beyond the precise moment in which the receiver has accepted it.

The payment of the service, aims to provide the means to achieve the purpose of geolocating the recipient, however, payment does not guarantee geolocation, since in case the person is missing, the mobile has been stolen, the device is turned off or the link sent through the text message has not been accepted, your GPS position could not be located.

5. External links

It is possible that from the Service certain links refer you to external sites. In any case, MobiFind does not control such sites or their content, which in fact will be subject to their own terms and conditions. MobiFind can never be held responsible for the quality, authenticity or rigor of these sites.

6. Age

Regarding the use of the Service, you declare that you are of legal age and that you have the necessary legal capacity to link through this agreement and use it in accordance with its terms and conditions, which you understand and that you also fully recognize.

Likewise, it declares that all the information provided to access the Service, both before and during its use, is complete, accurate and real.

7. Intellectual and industrial property

Both the content and information of the Service (among other data, text, sound, image or computer code), as well as the infrastructure used to provide them, is owned by MobiFind or has the corresponding authorizations for its use.

Likewise, it is prohibited to modify, reproduce, duplicate, copy, distribute, sell, resell and other forms of exploitation for good commercial purposes or others similar to the Service.

A written consent will be necessary for you to use such content of the Service as long as it is not as above.

8. Content

We will use your Content in various ways and we can use it on the website, reformat, translate into other languages, edit to provide clarity, correct errors, and even to promote or distribute it.

In this way, when you send us Content, you grant MobiFind a license for global use, without exclusivity, free of charge and all this until the content is withdrawn, being transferable and sublicenseable on said Content.

The content remains yours, however MobiFind, thanks to that license of use, can: a) use, reproduce, edit, adapt, translate, distribute and publish the Content, creating derivative works from it, showing it and displaying it globally to through any known means and for any purpose that is legitimate; and b) use the name you send in relation to said Content.

MobiFind reserves in any case, the right not to publish content or information that is either false, illegal, misleading or contrary to the rights of third parties.

9. Price and taxes

The prices of the plans offered on MobiFind are indicated in local currency and also include the value added tax (VAT) applicable to these services.

Regardless if the client's place of residence or domicile is in- or outside of the European Union the VAT will be 21% .

10. Payment methods

The contracted Service payment may be made:

- By iDEAL, Mastercard, Visa, American Express, Apple Pay, Bancontact,Klarna, PayPal, SEPA-incasso, SOFORT Banking, EPS, Cartes Bancaires, Giropay, KBC/CBC, ING Home’Pay,Postepay, paysafecard, Przelewy24, charging the amount at the time of purchase of the products.

- If we cannot proceed to the full collection of the amount owed, we reserve the right to proceed with the recovery of said amount, whenever necessary.

MobiFind informs the holders of credit and debit cards that it is responsible for transactions in the online store. They are made on a secure page, using SSL technology to ensure security in data transmission.

11. Validity of offers

The Service offered, and the prices of its possible plans or modalities, will be available for purchase as long as they are accessible through this website: MobiFind. MobiFind, in any case reserves the right to make changes to the Service that it deems appropriate, being able to update products and services depending on the market. In relation to the prices that appear on the web, MobiFind reserves the right to change them without prior notice. Although the updates to be made about the prices of the Service may contain mistakes, we will try to correct them as quickly as possible, however none of them will be binding on the Service.

12. Guarantees

All rights guaranteed by the laws in force as a consumer and user are guaranteed.

While MobiFind will reasonably make all possible commercial efforts to provide the Service, you understand that:
1) the Geolocation of the user requires the express consent of the recipient and;
2) that even with your consent, the state of the technology does not guarantee that we will always obtain its geolocation or that it can be done with adequate accuracy.
Be that as it may, and to the extent permitted by law, MobiFind reserves the right to refuse, suspend or cancel the provision of the Service at its sole discretion.

13. Responsibility

To use the Service you confirm that:
1) you have obtained the telephone number that you intend to locate in a lawful manner and with the prior consent of its owner and;
2) that you do not intend to use the Service for any illegal purpose.

MobiFind will not be responsible for the eventual loss of data or programs derived from the use of the Service, to the extent permitted by applicable law.

14. Security

MobiFind guarantees the security of the Service in accordance with the present technological knowledge.
MobiFind will not guarantee the total security of the Service, although it undertakes to correct and implement the appropriate corrective measures in the event of a possible security breach, as quickly as possible.

The user agrees to notify the Service, immediately and via email, of any unauthorized access or use by third parties, loss of information or any situation that could lead to the impersonation of the Identity of other users.

MobiFind will never be liable for the damage that may arise from the use of the Service if it originates from unpredictable technical problems or, which, even if they are foreseeable, are inevitable. MobiFind, in the same way, will not be responsible when the faulty performance of the user, be it sender or receiver of the message, causes the damage.

15. Payments and Reimbursement

You can delete your account whenever you want, and you will have access to it until you delete it.
To request a refund contact us using the support-ticket system.
To the extent permitted by law, payments are non-refundable and we do not provide refunds or payments for partially used credits.

In any case, if you had contracted our service and we did not detect activity using MobiFind, you can request the full refund of the amount paid if you requested it during the following 7 calendar days after the purchase.

16. Withdrawal

If you use the Service, you will be contracting the provision of digital content not provided on material support. Therefore, and from the moment the content has begun to be executed, you accept and understand that the right of withdrawal is not applicable to such contracting as established in art. 103 m) of the General Law for the Defense of Consumers and Users, text approved by Royal Legislative Decree 1/2007, of November 16.

17. Modifications

The terms and conditions of the Service may be modified in the future, as well as certain features and some functions of the Service itself.
We will inform you about these changes in terms and conditions by placing a notice in a prominent place on our website and / or by email.

In the event that any of the clauses included in our terms and conditions were declared, totally or partially, void or ineffective, it would only affect said provision or the part thereof that is void or ineffective. Therefore, our terms and conditions will remain in everything else, having such provision, or the part of it that would eventually be affected, if not put.

18. Claims and actions derived from the contract

Dutch legislation governs this Service. In order to simplify any resolution or claims through civil law and reduce costs, we do not exclude the possibility of eventually submitting to an Equity Arbitration of the Arbitration Court of the Chambers of Commerce and Industry.

According to the applicable regulations, in this sense, MobiFind informs about the existence of a European online dispute resolution platform that facilitates the extrajudicial resolution of said litigation for contracts concluded equally online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr

19. Contact

For any other type of clarification, claim or incident, you can contact us through our email address, contact form or support ticket system