GENERAL CONDITIONS

1. Identifying Trackspoty.com

The company Trackspoty is a Cypriot company registered under company number HE451848, whose head office is located in Nissi Avenue 68, 5330 Ayia Napa, Cyprus. Trackspoty.com can be contacted using the following contact details: Email : admin@Trackspoty.com

2. Services offered

Trackspoty.com offers its customers (the “Customers”) a package tracking service allowing them to obtain the real-time location of a package by providing its tracking number (the “Services”) via the platform Trackspoty.com (the “Platform”).

3. Information on the General Conditions

Function of the General Conditions

The general conditions (the “General Conditions”) constitute the sole document governing the contractual relationship ofTrackspoty.com with the Customer and define:

• the terms of use of its Services,
• the respective obligations of the parties.

Location of Terms and Conditions

The Client can find them via a direct link at the bottom of the page of the Platform.

Terms of acceptance of the General Conditions

The Customer accepts the General Conditions by checking a box when confirming the order. If he does not accept all of the General Conditions, he cannot access the Services. They may be supplemented by special conditions, which, in the event of contradiction, take precedence over the General Conditions.

4. Conditions of access to the Services

The Customer is a natural person with full legal capacity, or failing that the Customer is at least 15 years old or between 13 and 15 years old and has obtained the agreement of his legal representative, and he undertakes to indicate to Trackspoty.com the email address of his representative so that it can contact him. The Customer has the status of consumer, understood as any natural person who acts for purposes which do not fall within the scope of his professional activity.

5. Terms of access and subscription to the Services

The Client can access the Services by going directly to the Platform. To subscribe to the Services, the Customer must complete the form provided for this purpose on the Platform. The Customer must provideTrackspoty.com with all information marked as mandatory. Registration automatically results in the opening of an account in the Customer's name (the “Account”) which allows him to access the Services using his login ID and password.

6. Description of Services

6.1. Services

Before any subscription, the Customer acknowledges that he can read on the Platform the characteristics of the Services and their constraints, particularly technical. The Customer acknowledges that the implementation of the Services requires being connected to the internet and that the quality of the Services depends on this connection, for which Trackspoty.com is not responsible. The Services to which the Client has subscribed are described on the Platform. In particular, the Customer has access to package tracking services, on a global scale, by entering the tracking number on the Platform. Trackspoty.com. It is important to note that, at certain times, no information may be available on the precise location of the package. However, the package location will be updated regularly to provide the most current information available. Tracking of the package can only be carried out if the information provided by the Customer is accurate. It is the Customer's responsibility to ensure the accuracy of the details provided to guarantee precise tracking of the package on the Platform.Trackspoty.com. It is also emphasized that Trackspoty.com is in no way responsible for the actual delivery of the package, this responsibility lies with the third party delivery services associated with the package transportation process.

6.2. Additional services

6.2.1. Maintenance

The Customer benefits during the duration of the Services from maintenance, in particular corrective and evolutionary. Regarding corrective maintenance, Trackspoty.com makes its best efforts to provide the Customer with corrective maintenance in order to correct any malfunction or bug noted on the Platform. Concerning evolutionary maintenance, the Customer benefits during the duration of the Services from evolutionary maintenance, which Trackspoty.com may carry out automatically and without prior information, and which includes improvements to the functionalities of the Platform, the addition of new functionalities and/or technical installations used within the framework of the Platform. Access to the Platform may also be limited or suspended for reasons of planned maintenance, which may include the corrective and evolutionary maintenance operations mentioned above.

6.2.2. Accommodation

Trackspoty.com ensures, under the terms of an obligation of means, the hosting of the Platform, as well as the data entered on the Platform, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union.

6.2.3. Assistance technique

In the event of difficulty encountered when using the Services, the Customer can contact Trackspoty.com using the contact details mentioned in the article “Identifying Trackspoty.com”. The technical support service is available Monday to Sunday, 8 a.m. to 9 p.m. Depending on the need identified, Trackspoty.com will estimate the response time and will keep the Customer informed.

7. Duration of subscription to the Services

The Customer subscribes to the Services in the form of a subscription (the “Subscription”). The Subscription begins on the day of subscription for a trial period of 48 hours (the “Trial Period”). It is tacitly renewed for a period of one month (the “Initial Period”) at the end of the Trial Period, unless the Customer unsubscribes before the end of the Trial Period under the conditions of the “End of Services” article. It is then tacitly renewed, for successive periods of the same duration as the Initial Period (with the initial period, the “Periods”), from date to date, unless the Subscription is terminated under the conditions of the “End of Services” article.

8. Financial conditions of Trackspoty.com

8.1. Prices of Services

The price of the Services is €29.90 per month for the Subscription. The Customer can consult the detailed prices on the Platform.

8.2. Trackspoty.com billing and payment terms

Trackspoty.com sends the Customer an invoice per Period by any useful means. Payment for the Subscription is made by credit card through the secure online payment services specified on the Platform. The Customer guarantees Trackspoty.com that it has the necessary authorizations to use this payment method.

8.3. Consequences in the event of late or non-payment

In the event of default or late payment, Trackspoty.com reserves the right, from the day after the due date appearing on the invoice, to immediately suspend the Services in progress until payment of the entire sums due and to charge late payment interest equal to the legal interest rate applicable on the day of the formal notice, based on the amount of the sums not paid on the due date and a fixed compensation of 40 euros for recovery costs, without prejudice to a additional compensation if the recovery costs actually incurred are greater than this amount.

9. Customer's right of withdrawal

The Customer has a right of withdrawal. This right of withdrawal is 14 calendar days from acceptance of the General Conditions. The Customer can exercise this right free of charge by sending to Trackspoty.com before the end of the period to the contact details mentioned in the article “Identification of Trackspoty.com”:

• the completed withdrawal form available in Appendix 1,
• or any other declaration, unambiguous, expressing the Customer's desire to withdraw.

If the Customer exercises his right of withdrawal, Trackspoty.com will reimburse all his payments received, using the same means of payment that the Customer used (unless he expressly accepts a different means), without undue delay and at the latest 14 calendar days from the day on which Trackspoty.com was informed of the Customer's desire to withdraw.

10. Intellectual property rights

The Platform is the property of Trackspoty.com, as are the software, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, etc.) that it operates. They are protected by all intellectual property rights or rights of database producers in force. The license that Trackspoty.com grants to the Client does not result in any transfer of ownership. The Client benefits from a non-exclusive, personal and non-transferable SaaS mode license to use the Platform for the duration provided for in the article “Service subscription duration”.

11. Obligations and responsibility of the Customer

11.1. Regarding the provision of information

The Client undertakes to provide Trackspoty.com with all the information necessary for subscribing to and using the Services. The Customer is solely responsible for their accuracy and completeness, Trackspoty.com cannot under any circumstances be held responsible for any errors, typos, omissions or indications likely to mislead Trackspoty.com or likely to prevent the tracking of the package.

11.2. Concerning the Customer's Account

The Customer:

• guarantees that the information transmitted in the form is accurate and undertakes to update it,
• acknowledges that this information constitutes proof of his identity and binds him upon validation,
• is responsible for maintaining the confidentiality and security of its username and password. Any access to the Platform using the latter is deemed to be made by him.

The Customer must immediately contact Trackspoty.com using the contact details mentioned in the article “Identification ofTrackspoty.com” if he notices that his Account has been used without his knowledge. It acknowledges that Trackspoty.com will have the right to take all appropriate measures in such a case.

11.3. Regarding the use of the Services

The Customer is responsible for his use of the Services and any information he shares in this context. He undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf. The Client undertakes not to divert the Services for purposes other than those for which they were designed, and in particular for:

• carry out an illegal or fraudulent activity,
• undermine public order and good morals,
• infringe on third parties or their rights, in any way whatsoever,
• violate a contractual, legislative or regulatory provision,
• carry out any activity likely to interfere with the computer system of a third party, particularly with the aim of violating its integrity or security,
• carry out maneuvers aimed at promoting its services and/or sites or those of a third party,
• assist or incite a third party to commit one or more acts or activities listed above.

The Customer is also prohibited from:

• copy, modify or misappropriate any element belonging to Trackspoty.com or any concept that it uses within the framework of the Services,
• adopt any behavior likely to interfere with or hijackTrackspoty.com's computer systems or undermine its computer security measures,
• infringe the financial, commercial or moral rights and interests ofTrackspoty.com,
• market, transfer or provide access in any way to the Services, the information hosted on the Platform or any element belonging toTrackspoty.com.

The Client guarantees Trackspoty.com against any claim and/or action that could be brought against it following the violation of one of the Client's obligations. The Customer will compensate Trackspoty.com for the damage suffered and will reimburse it for all sums it may have to bear as a result.

12. Obligations and liability of Trackspoty.com

Trackspoty.com undertakes to provide the Services diligently, it being specified that it is bound by an obligation of means. Trackspoty.com undertakes to respect the regulations in force.

12.1. Concerning the quality of Services

Trackspoty.com makes its best efforts to provide the Client with quality Services. To this end, it regularly carries out checks to verify the operation and accessibility of its Services and can thus carry out maintenance under the conditions specified in the “Maintenance” article. Trackspoty.com is nevertheless not responsible for temporary difficulties or impossibilities of access to its Services which may have their origin:

• circumstances external to its network (and in particular the partial or total failure of the Client's servers),
• the failure of equipment, cabling, services or networks not included in its Services or which is not under its responsibility,
• interruption of the Services due to telecom operators or internet service providers,
• the intervention of the Customer in particular via an incorrect configuration applied to the Services,
• a case of force majeure.

Trackspoty.com is responsible for the operation of its servers, the outer limits of which are constituted by the connection points. Furthermore, it does not guarantee that the Services:

Subject to constant research to improve performance and progress, the Services will not be completely free from errors, defects, or defects. Being standard and in no way offered based on the Customer's personal constraints, the Services will not specifically meet their needs and expectations.

12.2. Concerning the Platform service level guarantee

Trackspoty.com makes its best efforts to maintain access to the Platform 24/7 except in the event of planned maintenance under the conditions defined in the “Maintenance” article or force majeure.

12.3. Concerning data storage and security

Trackspoty.com provides sufficient storage capacity for the operation of the Services. Trackspoty.com makes its best efforts to ensure data security by implementing infrastructure and Platform protection measures, detection and prevention of malicious acts, and data recovery.

12.4. Concerning the use of subcontracting and transfer

Trackspoty.com may use subcontractors in the context of the execution of the Services, who are subject to the same obligations as its own in the context of their intervention. It nevertheless remains solely responsible for the proper execution of the Services with regard to the Client. Trackspoty.com can replace any person who will be subrogated in all their rights and obligations under their contractual relationship with the Client. If applicable, it will inform the Customer of this substitution by any written means.

13. Limitation of liability of Trackspoty.com

The liability of Trackspoty.com is limited only to proven direct damage that the Customer suffers as a result of the use of the Services. The Customer acknowledges and accepts that package tracking information will be provided for information purposes only, Trackspoty.com not giving any express or implied warranty as to the accuracy or completeness of this information. The Customer is solely responsible for his use of the Services and the package tracking information obtained. As such,Trackspoty.com cannot be held liable for any use or decision-making by the Customer based on package tracking data obtained via the Services. Additionally, package tracking information obtained through the Services is only valid as of the time and date it is generated by Trackspoty.com.Trackspoty.com does not guarantee the validity or accuracy of this information beyond the aforementioned period.

14. Accepted methods of proof

Proof can be established by any means. The Client is informed that the messages exchanged through the Platform as well as the data collected on the Platform and the computer equipment of Trackspoty.com constitute one of the accepted methods of proof, in particular to demonstrate the reality of the Services carried out and the calculation of their price.

15. Methods of processing personal data

Trackspoty.com is responsible for processing the Customer's personal data and the tracking number provided in the context of package tracking requests, as well as package tracking information obtained, in accordance with the General Data Protection Regulation (GDPR). To find out more about the processing carried out by Trackspoty.com, the Client is invited to read the Trackspoty.com confidentiality policy available on the Platform.

16. Respective obligations of the parties regarding confidentiality

Unless agreed in writing by the other party, the parties respectively undertake to keep confidential, for the duration of their contractual relationship and 3 years beyond, all information relating to or held by the other party, of which they become aware during the conclusion and execution of their contractual relationship. This obligation does not extend to information:

• of which the party receiving them was already aware,
• already public when communicated or which would become so without violation of this clause,
• which would have been received from a third party in a lawful manner,
• the communication of which would be required by the judicial authorities, in application of laws and regulations or with a view to establishing the rights of a party within the framework of the contractual relationship between the parties.

Confidential information may be transmitted to the respective employees, collaborators, interns, agents and co-contractors of the parties, provided that they are subject to the same obligation of confidentiality.

17. Force majeure

The parties cannot be responsible for failures or delays in the performance of their contractual obligations due to a case of force majeure occurring during the duration of their relationship. If one of the parties is prevented from performing its obligations due to a case of force majeure, it must inform the other party by registered letter with acknowledgment of receipt. The obligations are suspended upon receipt of the letter, and must be resumed within a reasonable period of time upon the cessation of the force majeure event. The prevented party nevertheless remains liable for the execution of obligations which are not affected by a case of force majeure and for any payment obligation.

18. End of Services

The Subscription and Trial Period may be terminated at any time by:

• the Customer, directly and free of charge via the functionality provided for this purpose through their Account or by request to customer service by sending an email to admin@Trackspoty.com,

Any Period started is due in its entirety. Termination is effective immediately. The Customer no longer has access to his account after the end of the Services.

19. Sanctions in the event of breach

The following constitute essential obligations towards the Client (the “Essential Obligations”):

• payment of the price,
• not provide incorrect or incomplete information to Trackspoty.com,
• not use the Services for a third party,
• not carry out illegal, fraudulent activities or activities that infringe the rights or security of third parties, violate public order or violate the laws and regulations in force,
• not use the Services to harass or stalk people.

In the event of failure to comply with one of these Essential Obligations, Trackspoty.com may:

• suspend or remove the Customer's access to the Services,
• publish on the Platform any information message that Trackspoty.com deems useful,
• notify any competent authority, cooperate with it and provide it with all information useful for the investigation and repression of illegal or illicit activities,
• take any legal action.

These sanctions are without prejudice to any damages that Trackspoty.com could claim from the Customer. In the event of a breach of any obligation other than an Essential Obligation, Trackspoty.com will ask the Customer by any useful written means to remedy the breach within a maximum period of 15 calendar days. The Services will end at the end of this period unless the breach is rectified. The end of the Services results in the deletion of the Customer's Account.

20. Modification of the General Conditions

Trackspoty.com may modify its General Conditions at any time and will inform the Customer by any written means (and in particular by email) at least 1 month before their entry into force. The modified General Conditions are applicable as soon as they come into force. If the Customer does not accept these modifications, he must terminate his Subscription in accordance with the terms provided for in the “End of Services” article. If the Customer uses the Services after the entry into force of its modified General Conditions, Trackspoty.com considers that the Customer has accepted them.

21. Language

The Cypriot language prevails in the event of any contradiction or dispute over the meaning of a term or provision.

22. Applicable law

The General Conditions are governed by Cypriot law. If the Client is a professional, in the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Nicosia will have exclusive jurisdiction to judge the matter, unless mandatory procedural rules to the contrary.