Terms of Use In2Data B.V. - Find that Mobile

Article 1 - General

In2Data B.V. is registered with the Chamber of Commerce under number 84267569 and has its registered office at Tarwestraat 40, 3081XT Rotterdam, hereafter referred to as Findthatmobile.com. Findthatmobile.com is the provider of the Findthatmobile.com web application which User can use. By using the Findthatmobile.com web application, User agrees with these Terms of Use.

User must accept these conditions before he can make use of the Findthatmobile.com web application. If User does not agree with these Terms of Use, Findthatmobile.com will request User not to use this Findthatmobile.com web application further. Findthatmobile.com advises anyone who uses the Findthatmobile.com web application to regularly review the conditions in case of changes.

If one or more provisions of these terms and conditions are partially or fully void or voided, the remaining provisions of these terms and conditions will remain in effect and the void/c voided provision(s) will be replaced by a provision with the same intent as the original provision. Uncertainties about the content, explanation or situations that are not regulated in these terms and conditions, should be assessed and interpreted in the spirit of these terms and conditions.

By using the Findthatmobile.com web application, User agrees that Findthatmobile.com communicates about the services by means of messages (including electronic communication). If the web application is mentioned, this also includes the online portal.

Article 2 - Privacy, data processing and security

Findthatmobile.com will handle the (personal) data of the User with care. Personal data will only be processed in the context of providing the services of Findthatmobile.com. Findthatmobile.com will not process the personal data for any other purpose and will never keep it longer than necessary. More information can be found in the Privacy Statement of Findthatmobile.com.

Article 3 - Use of the Findthatmobile.com web application

Findthatmobile.com makes every effort to make the Findthatmobile.com web application available to User. All services are carried out on the basis of an effort commitment. User has access to the Findthatmobile.com web application after User has created an account.
User is at all times responsible for all data and information which it places or allows to be placed on its account and / or the Findthatmobile.com web application. If User suspects that the data provided by it is incorrect or incomplete, User will inform Findthatmobile.com immediately and provide the correct information. User must keep its own data up-to-date and can therefore adjust its data in its own account.
Findthatmobile.com may impose further restrictions or conditions on the access to and use of certain parts or functions of the web application, including but not limited to the creation of an account, the completion of a verification process and / or the meeting of specific quality or suitability criteria.

Article 4 - Obligations in using the Findthatmobile.com web application

User has at all times an independent responsibility for the use of the Findthatmobile.com web application. User is obliged to adhere to the following regulations during the use of the Findthatmobile.com web application. User must refrain from using the Findthatmobile.com web application:
1. to use manual or automated software, equipment or other processes to index or scrape the data used within the Findthatmobile.com web application on the Internet;
2. in a manner that involves illegal activities or activities contrary to morality or public order;
3. copying (parts of) the Findthatmobile.com web application from Findthatmobile.com;
4. to otherwise cause harm to the interests of Findthatmobile.com.
In the event of (possible) criminal acts, Findthatmobile.com is entitled to report these acts and to hand over the data provided by the User to the competent authorities, as well as to perform all acts which are required within the framework of the investigation. Findthatmobile.com is entitled to deny the User access to the Findthatmobile.com web application and / or to terminate the use of the Findthatmobile.com web application.
In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is for the account and risk of User.
User is responsible for the proper security of the (mobile) device on which he uses the Findthatmobile.com web application, as well as for the security and confidentiality of his own login details.
Each User must create an account for the purpose of accessing and using the Web Application
The account can be registered with an email address and a password, unless otherwise specified.
The User is required to provide accurate and complete information during account registration and to keep the account updated at all times.
The User is responsible for his or her login details and should not provide these login details to third parties. If a User suspects that the login details have been lost, stolen or possible unauthorized use of the account, User should immediately contact Findthatmobile.com. User is personally liable for all activities carried out through its own account, unless User can prove that it was not negligent. This includes in any case: failure to report the unauthorized use or loss of login data.

Article 5 - Access

Findthatmobile.com only offers the use of the Findthatmobile.com web application. Findthatmobile.com has no responsibility over and / or influence on the implementation of the offered services by the connected network operator.
All information and numbers displayed on the Findthatmobile.com web application are subject to spelling or typing errors.
User shall ensure that all data, which Findthatmobile.com indicates is necessary or which User should reasonably understand is necessary for access and / or use of the Findthatmobile.com web application, is provided to Findthatmobile.com in a timely manner.
Findthatmobile.com is not liable for damages of any kind arising because Findthatmobile.com has relied on inaccurate and / or incomplete data provided by the User, unless such inaccuracy or incompleteness was known by Findthatmobile.com.

Article 6 - Availability Findthatmobile.com web application

Findthatmobile.com does not guarantee that the services will always meet the expectations created in advance. Findthatmobile.com strives to make efforts to provide the Findthatmobile.com web application and access to the Findthatmobile.com web application to the User without interruption, to the extent possible, but Findthatmobile.com does not guarantee the full availability of the Findthatmobile.com web application at all times. Findthatmobile.com is entitled if and insofar as in its opinion there is a threat to the flawless operation of the Findthatmobile.com web application and to suspend the use of the Findthatmobile.com web application. Findthatmobile.com is also entitled to take all measures it reasonably deems necessary to ensure the effective functioning of the Findthatmobile.com web application.

Article 7 - Notice and Takedown (NTD)

If and to the extent that there is an infringement of the rights of Findthatmobile.com or third parties and / or unlawful conduct by User, Findthatmobile.com is entitled to shut down that part of the Findthatmobile.com web application immediately or to exclude User from use. Findthatmobile.com will remove any infringing/harmful information immediately. In no event shall Findthatmobile.com be liable for any damages whatsoever, arising from the (temporary) closure of the service and / or the removal or transmission of data. For more information Findthatmobile.com refers you to the NTD Code of Conduct.

Article 8 - Faults and repairs

If and insofar as User suffers a malfunction and / or the web application is not installed properly or does not work, User can make use of remote assistance. User can contact Findthatmobile.com for this purpose via the contact information on the website of Findthatmobile.com.

Article 9 - Payment

The right to use the Findthatmobile.com web application is subject to a periodic fee payable by User for the overall use of the services of Findthatmobile.com. The contents hereof and the conditions applicable thereto are made available to User prior to entering into the agreement with Findthatmobile.com.
If User does not meet its (payment) obligations arising from the agreement or these or any other conditions, Findthatmobile.com is entitled to terminate the agreement and / or to suspend or terminate the use of the Findthatmobile.com web application.

Article 10 - Limitation of liability

User shall indemnify Findthatmobile.com from the moment that User first uses the Findthatmobile.com web application for all damages arising, except in the case of intent or gross negligence on the part of Findthatmobile.com.
Findthatmobile.com shall not be liable or obliged for the proper performance of the contract by the network operator.
Findthatmobile.com is not liable for damage which is or may be the result of (imperfect and / or incorrect) information on the Findthatmobile.com web application or that of linked websites or web applications.
If the performance of the service leads to liability of Findthatmobile.com towards the User, such liability shall be limited to the costs charged by Findthatmobile.com in connection with the agreement with regard to direct damage. Direct damage is defined as reasonable costs incurred to limit or prevent direct damage, to establish the cause of the damage, the direct damage, the liability and the manner of recovery.
In no event shall Findthatmobile.com be responsible for errors and / or irregularities in the functionality of the Findthatmobile.com web application and shall not be liable for failures or unavailability of the Findthatmobile.com web application for any reason or the loss and / or corruption of User's data and information.
Findthatmobile.com does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Findthatmobile.com, nor their timely receipt.
Findthatmobile.com is not liable for the fact that the User has not received the account information, has not received it correctly and / or has not received it on time. At no time is Findthatmobile.com liable if User has not kept his login and / or account information in a secure place.
All claims of the User due to failures on the part of Findthatmobile.com will expire if they are not reported to Findthatmobile.com in writing within one year. Any claim for compensation against Findthatmobile.com must always be reported in writing, but at the latest within one year after the User was aware or could reasonably have been aware of the facts on which he bases his claims. After this period such a claim expires.

Article 11 - Force majeure

Findthatmobile.com shall not be liable if it is unable to fulfill its obligations due to a force majeure situation, nor shall it be obliged to fulfill any obligation if it is prevented from doing so due to a circumstance that is not attributable to its fault, and which is not for its account under the law, a legal act or generally accepted practice.
Force majeure shall in any case be understood to mean, but not be limited to, the relevant definitions in the law and in case law, (i) failure to properly fulfil obligations by suppliers or their suppliers, (ii) defectiveness of goods, equipment, software or materials from third parties, (iii) government measures, (iv) electricity failure, (v) failure of internet, data network and telecommunications facilities (e.g. as a result of cybercrime and hacking), (vi) fire, (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the company of CellTrack. nl and (xi) other situations which in the opinion of Findthatmobile.com are beyond its control and which temporarily or permanently prevent Findthatmobile.com from fulfilling its obligations.
Findthatmobile.com is entitled to invoke force majeure if the circumstance preventing (further) performance arises after Findthatmobile.com should have fulfilled its commitment.

Article 12 - Agreement with third parties

Findthatmobile.com only provides a Findthatmobile.com web application for User to use and has no influence on the arrangements and agreement between a User and third parties. User is responsible for providing correct and complete information to third parties. Any consequences of the inaccuracy and / or incompleteness thereof shall be for the account and risk of User.

Article 13 - Intellectual property rights

It is explicitly forbidden for the User to infringe the intellectual property rights of Findthatmobile.com, as well as the good name of Findthatmobile.com. All intellectual property rights and copyrights of the Findthatmobile.com web application, including graphic designs, ideas and the like relating to the Findthatmobile.com web application are owned exclusively by Findthatmobile.com and are explicitly not transferred to User.
User has a non-exclusive right to use the Findthatmobile.com web application personally and for private use.
The software of the Findthatmobile.com web application remains at all times the property of Findthatmobile.com. The software will only work in combination with the agreement that User has entered into, and in accordance with the purpose for which the web application serves. User is prohibited to make any indication in connection with the intellectual property rights of Findthatmobile.com or any legally required (trademark) signs, or indications of the Findthatmobile.com web application unreadable, modify or remove.

Article 14 - General (sales) conditions

The general (sales) conditions of Findthatmobile.com also apply to the use of the Findthatmobile.com web application. In case matters are not explicitly regulated in these terms of use, reference is made to the (content of) the general (sales) conditions of Findthatmobile.com.

Article 15 - Complaints

If User is not satisfied with the services provided through the Findthatmobile.com web application, User is obliged to report these complaints as soon as possible, but no later than within 14 days after the relevant reason that led to the complaint. Complaints can be reported via the contact page https://www.findthatmobile.com/help/contact stating the subject "Complaint".
The complaint must be sufficiently substantiated and / or explained by User, in order for Findthatmobile.com to process the complaint and declare it justified.
Findthatmobile.com will respond to the complaint as soon as possible, but within 14 days after receipt of the complaint at the latest.
Failures and / or problems resulting from improper use are at the expense and risk of the User.

Article 16 - Amendments

Findthatmobile.com has the right to unilaterally modify these conditions. User will be notified of this as soon as possible. In any case, User can view the modified conditions via the Findthatmobile.com web application.

Article 17 - Dispute Resolution

Dutch law shall apply to the legal relationship between Findthatmobile.com and User.
If any provision of these terms and conditions proves to be void or non-binding, the Parties shall remain bound by the remaining provisions. The Parties shall replace the void and / or non-binding provision(s) with a binding provision, the purport of which is as far as possible the same as the provision(s) to be replaced, within the framework of these Terms and Conditions.
All disputes between Findthatmobile.com and User shall be settled by the competent court of the District Court of Midden-Nederland, location Utrecht, unless provisions of mandatory law result in the jurisdiction of another court.

Utrecht, 23 February 2022.