« The Company » : r efers to SHIFT UP, owner of the HOOT brand, whose head office is located at 515 Av de la Tramontane 13600 LA CIOTAT – France and registred with Marseille Trade and Companies Registrer under number 84312533700017, Intracommunity VAT n°FR 46 843125337.
« Application » : is the Smartphone application that can be downloaded from Apple Store and Google Play and provides all the features offered by The Company. The HOOT application is free.
« GPS Tracker » : refers to a hardware device integrating a SIM card “Machine To Machine” or M2M installed on two wheels and allowing the communication of information for geolocation with a GSM/GPRS network.
« Customer/Customers » : refers to all customers purchasing one or more products or services under The Company.
« User/Users » : refers to any natural or legal person accessing the Application and related services.
« User account» : refers to the User account opened via the Application.
« Content » : refers to all textual and iconographic elements published on the Application.
« Territory of Coverage» : refers to the areas covered by the telephone operator that define the operating area of HOOT products.
ITEM 1. CONTEXTE
Access, consultation and use of the Application will be governed by these general conditions of use.
The User accepts these general terms and conditions of use without reservation or restriction.
The applicable general conditions of use are those in force on the day of use when activating HOOT products, services or software solutions.
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
ITEM 2. USERS
The HOOT Application and its services are intended for persons with legal capacity.
By accessing and using the Application, the User states that he/she is of legal age and capable or is a legally constituted entity.
2.2.1 Account creation
In order to access all the features of the HOOT Application, it is necessary to create an user account.
The User will receive an e-mail confirming the opening of the User Account to the e-mail address used during registration.
To connect, registered users have an username and password to enter.
Users are fully informed that the User Account allows:
– To access his User Account settings and personal data,
– To activate the GPS Tracker(s) of the HOOT brand,
– Access via the Application to the GPS Tracker service.
It is also the responsibility of each User of the HOOT Application to ensure that the confidentiality of their username and password is preserved. The User shall be solely responsible for the use of his username and password and the consequences that may result from it for him or a third party.
To be able to use the services, the User must fill in all the criteria requested when creating a User Account on the HOOT Application, in particular: his name, first name, address, date of birth and e-mail address as well as scanning the GPS identifier or entering his IMEI code.
The User undertakes to be in good faith and certifies on his honour that the information relating to his identity is free from any error or omission of a misleading or dishonest nature and, consequently, is in accordance with reality.
2.2.2 The users’ guarantee
By using the HOOT Application, the user declares, warrants and undertakes to:
– follow the instructions for using the GPS Tracker
– do not damage the GPS Tracker
– do not use the GPS Tracker for any purpose other than to geolocate an asset or object
– use the Application in good faith, in particular by infringing intellectual property rights
– not to damage the Application with any software
– not use the Application or GPS Trackers for personal business purposes
– not to modify the mentions, content or elements of the Application’s services
– not to contravene the provisions of articles 323-1 to 323-7 of the Criminal Code punishing hacking practices
– not to use or exploit the electronic or postal contact details of other Users of the Application for sending electronic mail and to engage in “spamming”.
In the event of failure to comply with any of these obligations and, without this list being exhaustive, the User acknowledges and accepts that The Company will have the right to refuse access to all or part of its Application and related services without prior notice.
ITEM 3. PRODUCTS
Users can use the HOOT Application to locate equipment equipped with the HOOT GPS Tracker.
The Application can be downloaded via the Apple Store and Google Play.
3.1 HOOT GPS trackers
GPS trakers use the network of a telephone operator.
The User can, with the HOOT Application, view the position of the GPS Tracker within the limit of the Coverage Territory.
The User acknowledges that he is aware of the autonomy of the GPS Tracker under optimal conditions of use. The duration is given for information only. The User is invited to check the status of the GPS Tracker battery.
The User acknowledges that he is fully informed about the storage by The Company of information relating to the location history of GPS Trackers since their activation. The User can, thanks to this, consult the history via the Application by connecting using his User IDs.
The technical characteristics of the GPS Trackers can be consulted on the Website www.hoot.bike.
For any purchase of a GPS Tracker, The Company undertakes to deliver a product that complies with the characteristics present on the Site and in accordance with articles L211-1 et seq. of the Consumer Code and articles 1641 et seq. of the Civil Code.
3.2 HOOT application
Users are informed that The Company collects and processes geolocation data using Google APIs in particular.
The Company reserves the right to use APIs from other partners if necessary, without expressly informing users.
ITEM 4. THE OPERATION OF THE INTERFACES
The services offered by The Company are accessible 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 24/7. In the event of maintenance operations or in the event of force majeure and within the limit of the Coverage Territory, The Company is obliged to temporarily suspend the Application.
The User also declares and guarantees that he has all the skills and equipment necessary for the use of the Application and the services provided by The Company, in particular a Smartphone for downloading and using the Application to geolocate GPS Trackers.
ITEM 5. LAW AND JURISDICTION
The law applicable to these general terms and conditions is French law.
The language of interpretation is French.
Any use of the Application must comply with the rules of French law and shall be deemed to have occurred on French territory.
Any disputes arising from these general conditions, in particular their validity, interpretation, execution, resolution or disputes, shall be submitted to the competent courts of the Commercial Court of Toulon.
ITEM 6. PERSONAL DATA PROTECTION
6.1 The collected data
The Company collects your personal data in the following cases:
– Creating your account: This includes your name, first name, postal and e-mail address, telephone number and login details.
– Operation of the Application: on this occasion, your geographical coordinates are recorded
The Company ensures that it takes all necessary measures, in accordance with applicable legal provisions, to ensure the protection, confidentiality and security of your personal data.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access, rectify and oppose the processing of data concerning you. You can exercise your rights by contacting us through our contact form.
The Company is concerned about the protection of personal data and is committed to ensuring the highest level of protection for the User’s personal data in accordance with the Data Protection Act.
6.2 Purpose of your personal data
The main uses of your personal data are as follows:
– Access and use of the Application
– Verification and authentication of your data
– Fight against fraud, misuse, viruses and other malicious software
– Managing the relationship with user
On the other hand, this data may be necessary to address: advice, news of products, offers or advertisements, only in the event of their acceptance.
If the User does not wish to receive any letters or telephone messages, he may make a request by e-mail indicating his surname, first name, address and customer number on the contact form on the website www.hoot.bike.
The User may also consult or modify his personal data on the Application’s account.
ITEM 7. RESPONSIBILITY
The Company makes the Application and Products available to Users to enable them to geolocate their objects and assets.
The Company declines all responsibility related to: any technical consequences that may be due to the connection or congestion of the network; the connection limits due to the telephone operator’s antennas.
The transmission of radio messages by the operator and the acquisition of GPS signals are systems that have limits that depend strongly on the conditions of use and the environment.
The Company does not offer any guarantee on performance, signal reception or monitoring interval; any damage caused to the User as a result of the use of the Application; or the consequences on the User resulting from a breach by the User of the guarantees and obligations referred to in Article 2.2 of these general conditions; to direct and indirect damage resulting from the loss of a GPS Tracker and which could not have been found within the limit of the Coverage Territory; to the failure of the geolocation service or the GPS Tracker due to one of the following events:
– Defect, insufficiency or congestion of GSM, GPRS and GPS coverage;
– Failure, breakdown, alteration or degradation, whether deliberate or not, of the product, battery discharged or damaged in such a way as to prevent its operation;
– Malfunctions in covered areas disrupting the transmission or reception of data or access to coverage (GSM or GPS);
– Inaccuracy or lack of updating of the data provided by the User.
The User acknowledges that: The Company cannot assume all the connection costs incurred by the Application and its use by the User; The Company is committed to providing only a geolocation of the GPS Tracker.
The company cannot therefore guarantee, depending on the nature of the object or property on which the GPS Tracker is embedded; The Company cannot be held responsible for any loss of data that may occur during the use of the Application or the inability to access or use it.
The User is solely responsible for: any use that does not comply with these general conditions of use of his Application; any claim or procedure brought against The Company for its non-conforming use of the Application or GPS Trackers.
In any case, the responsibility of The Company is limited to the reimbursement of the price of the GPS Trackers.
If a User witnesses an abuse or wants to report a complaint, he can contact the company via the Site www.hoot.bike.
ITEM 8. INTELLECTUAL PROPERTY
The User acknowledges and accepts that the characteristics and functionalities of GPS Trackers may be subject to legal protection, through copyright, database law, trademark law, patent law or any other protection.
The Company User may not copy, reproduce, distribute, publish, modify, adapt, transfer or transfer the contents in any form whatsoever without the express written permission of the rights holder. Failing this, civil, administrative or criminal sanctions are incurred.
The Company reminds that the rights granted to HOOT prohibit reuse and extraction, by making all or part of the content, in any form, available to the public.
All Users therefore undertake not to explore data to extract data from it, which are the exclusive properties of The Company.
ITEM 9. VALIDITY AND UPDATE
The update and validity date of this document is 18th September 2019.
This document cancels and replaces all previous versions.