Terms and conditions of use
of the HOOT application
DEFINITIONS
"The Company": refers to the SHIFT UP company, owner of the HOOT brand, whose head office is located at 515 Av de la Tramontane 13600 LA CIOTAT - France, registered with the Marseille Trade and Companies Registry under number 84312533700017, VAT number FR 46 843125337." Application": represents the Smartphone application downloadable from Apple Store and Google Play, which provides access to all the functionalities offered by the Company's products. The HOOT application is free of charge.
"GPS tracker" refers to hardware equipment incorporating a "Machine To Machine" or M2M SIM card installed on a two-wheeler and enabling the transmission of information for geolocation purposes via a GSM/GPRS network.
"Customer/Clients": refers to all customers purchasing one or more products or services from the Company.
"User or Users": refers to any individual or legal entity accessing the Site and the Application and related services.
"User Account": refers to the User account opened via the Application or the Website.
"Content": refers to all textual and iconographic elements published on the Application or the Site.
"Coverage Territory": refers to the areas covered by the telephone operator delimiting the operating area of the Company's products.
ARTICLE 1. BACKGROUND
1.1 HOOT
Access, consultation and use of the Application will be governed by these general terms and conditions of use which the Company makes available to users.
The User accepts these general terms and conditions of use without reservation or restriction.
The general terms and conditions of use applicable are those in force on the day of use when HOOT products, services or software solutions are activated.
The Company reserves the right to modify them at any time.
1.2. HOOT application
The HOOT Application is published by SHIFT UP.
The email address is: support(at)hoot.bike
ARTICLE 2. USERS
2.1 Capacity
The HOOT Application and its services are intended for people with legal capacity.
By accessing and using the Application, the User declares and guarantees to be of legal age and capable or to be a legally constituted entity.
2.2 Users
2.2.1 Creation of an account
In order to access all the functionalities of the HOOT Application, it is necessary to create a user account.
The User will receive an e-mail confirming the opening of the User Account on the e-mail address used at the time of registration.
To log in, registered users have an identifier and a password to enter.
Users are fully informed that the User Account enables them to:
- Access their User Account settings and personal data,
Activate HOOT brand GPS Tracker(s),
- Access the GPS Tracker geolocation service via the Application.
It is the responsibility of each User of the HOOT Application to ensure the confidentiality of his/her login and password. The User will be solely responsible for the use of his/her login and password and for any consequences that may arise for him/her or a third party.
In order to make full use of the services, the User must fill in all the criteria requested when creating a User Account on the HOOT Application, in particular his/her surname, first name, address, date of birth and e-mail address, as well as scanning the GPS Tracker identifier or entering its IMEI code.
The User undertakes to act in good faith and certifies on his or her honour that the information relating to his or her identity is free from any misleading or dishonest error or omission and, consequently, is true.
2.2.2 User warranty
By using theHOOT Application, the user declares, guarantees and undertakes to : respect the instructions for use of the GPS Tracker; not to harm the GPS Tracker personally or to a third party; not to use the GPS Tracker for any purpose other than to geolocate a good or object; to use the Application in good faith and in an unlawful manner, in particular by infringing intellectual property rights; not to harm the Application with any software; not to use the Application or GPS Trackers for personal commercial purposes; not to reuse the Application or GPS Trackers for commercial or personal purposes; not to modify, including in buffer or temporary memory, any mention or element of the services and/or content of the Application; not to contravene the provisions of articles 323-1 to 323-7 of the French Penal Code punishing so-called "hacking" practices; not to use and/or exploit the electronic and/or postal contact details of other Users of the Application with a view to sending mass e-mail solicitations and engaging in "spamming" practices.
In the event of failure to comply with any of these obligations, the User acknowledges and accepts that the Company may unilaterally and without prior notice refuse the User access to all or part of its Application and related services.
ARTICLE 3. PRODUCTS
Users can use the HOOT Application to locate equipment equipped with a HOOT brand GPS Tracker.
The Application can be downloaded via the Apple Store and Google Play platforms.
3.1 HOOT GPS trackers
GPS trackers use a telephone operator's network.
Via the HOOT Application, the User can view the position of the GPS Tracker within the Coverage Territory.
The User acknowledges that he/she is aware of the autonomy of the GPS tracker under optimal conditions of use. The duration is given purely as an indication. The User is advised to check the battery status of GPS Trackers.
The User acknowledges that he/she has been fully informed of the Company's storage of information relating to the location history of GPS Trackers since their activation. The User may, therefore, consult the history via the Application by logging in using his/her User ID and password.
The technical specifications of GPS Trackers can be consulted on the www.hoot.bike website.
For any purchase of a GPS Tracker, the Company undertakes to deliver a product in conformity with the characteristics presented on the Site and in accordance with articles L211-1 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code.
3.2 The HOOT application
Users are informed that, for the purposes of operating the Application, the Company collects and processes geolocation data using Google APIs.
The Company reserves the right to use APIs from other partners if necessary, without expressly informing users.
ARTICLE 4. INTERFACE OPERATION
The services offered by the Company are available on the Application provided that you open a User Account and activate GPS Trackers.
The Company strives to make the Application and its services available 24 hours a day, 7 days a week. In the event of maintenance operations or force majeure, and within the limits of the Coverage Territory, the Company is obliged to temporarily suspend the Application.
The User further declares and warrants that he/she has all the skills and equipment necessary to use the Application and the services provided by the Company, and in particular a Smartphone, which is essential for downloading and using the Application to geolocate GPS Trackers.
ARTICLE 5. LAW AND JURISDICTION
The law applicable to these terms and conditions is French law.
The language of interpretation is French.
Any use of the Application or any of the attached services must comply with the rules of French law and will be deemed to have taken place on French territory.
Any dispute arising from these terms and conditions, in particular their validity, interpretation, performance, resolution or litigation, shall be submitted to the competent courts of the Toulon Commercial Court, including in the event of summary proceedings or multiple defendants.
ARTICLE 6. PROTECTION OF PERSONAL DATA
6.1 Collected data
The Company collects personal data in the following cases:
- Creation of your account: in particular, your surname, first name, postal address, e-mail address, telephone number and connection data are recorded.
- Operation of the Application: in particular, your geographical coordinates are recorded.
The Company undertakes to take all necessary measures, in accordance with applicable legal provisions, to ensure the protection, confidentiality and security of your personal data. In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, modify and object to the processing of your personal data. You can exercise your rights by contacting us via our contact form. The Company is committed to the protection of personal data and undertakes to ensure the highest level of protection for the User's personal data in compliance with the French Data Protection Act.
6.2 Purpose of your personal data
The main uses of your personal data are as follows:
- Access to and use of the Application
- Verification and authentication of your data
- Prevention of fraud, misuse, viruses and other malware
- Management of our relationship with you
On the other hand, this data may be necessary to send you advice, news about new products, offers or advertising, whether personalized or not, only if you accept them.
If the User does not wish to receive mail or telephone messages, he/she can send us an e-mail indicating his/her full name, address and customer number on the contact form on the www.hoot.bike website.
The User can also consult or modify his personal data on the Application account.
ARTICLE 7. LIABILITY
The Company provides Users with the Application and Products to enable them to geolocate their objects and property.
The Company declines all responsibility for: any technical consequences that may be due to network connection or congestion; connection limits due to telephone operator antennas. The transmission of radio messages by the operator and the acquisition of GPS signals are systems with limits that are highly dependent on conditions of use and the environment.
The Company offers no guarantee of performance, signal reception or tracking interval; any material or immaterial damage caused to the User or to third parties as a result of the use of the Application, as well as the consequences that may arise from this on the User's personal, professional or commercial activities; the consequences for the User or a third party resulting from a breach by the User of the guarantees and obligations referred to in article 2.2 of these general terms and conditions; direct and indirect damage resulting from the loss of objects and/or goods fitted with a GPS tracker and which could not be found, insofar as the Company is only bound by an obligation of means, within the limits of the Territory of Coverage in the case of GPS trackers; the non-performance or improper performance of the Company's obligations attributable either to the User's behavior, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure; the failure of the geolocation service or GPS Tracker due to one of the following events:
- Faulty, insufficient or congested GSM, GPRS and GPS coverage;
- Defect, insufficiency or congestion of the telephone operator's network;
- Failure, breakdown, alteration or degradation of the product, whether intentional or not, battery discharged or damaged in such a way as to prevent operation;
- Malfunctions resulting from the location of equipment in electromagnetic fields that interfere with data transmission - or in covered areas that interfere with data transmission or reception, or access to coverage (GSM or GPS);
- Work, interventions or manipulations carried out on the Application, the GPS Tracker or the servers used to provide the geolocation service;
- Inaccuracy or failure to update data provided by the User.
The User acknowledges that: the Company shall not be liable for any connection costs, and in general, any communication costs incurred by the Application and its use by the User; the Company endeavors to provide only a geolocation of the GPS Tracker. The Company can therefore not guarantee, depending on the case, the nature of the object or property on which the GPS tracker is embarked; the Company cannot be held responsible for any loss of data which may occur during use of the Application and/or the impossibility of accessing or using the latter; the Company has clearly informed the User of the Territory of Coverage.
The User is solely responsible: for any use of the Application that does not comply with the present terms and conditions; for any claims or proceedings brought against the Company as a result of the User's non-compliant use of the Application or GPS trackers.
In any event, the Company's liability is limited to the reimbursement of the price of the GPS Tracker.
If a User witnesses abuse or wishes to make a complaint, he or she may contact the company via the www.hoot.bike website.
The Company is not affiliated with any rescue organization or first-aider. Under no circumstances does the Company replace a call to official rescue organizations (112 - 18 - 15 ...).
Always call on official rescue organizations when necessary.
ARTICLE 8. INTELLECTUAL PROPERTY
The User acknowledges and accepts that the features and functions of GPS Trackers may be protected by copyright, database right, trademark right, patent right or any other protection.
The User of the HOOT brand must not copy, reproduce, distribute, publish, modify, adapt, transfer or assign in any form whatsoever the Contents, without the express written authorization of the owner of the rights. Failure to do so may result in civil, administrative or criminal penalties.
The Company reminds you that the rights granted to HOOT prohibit : extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of a database onto another medium, by any means and in any form whatsoever, reuse, by making all or a qualitatively or quantitatively substantial part of the contents of the database available to the public, in any form whatsoever, extraction or repeated reuse of qualitatively or quantitatively insubstantial parts of the contents of the database when these actions do not correspond to normal use of the database.
Consequently, all Users undertake not to carry out data mining in order to extract data that is the exclusive property of the Company.
ARTICLE 9. VALIDITY AND UPDATING
The update and validity date of this document is 18/09/2019.
This document cancels and replaces all previous versions.