GENERAL CONDITIONS OF SALE AND USE OF SWISSVOICE PREMIUM SERVICE
Applicable as of 17/10/2018
ATLINKS EUROPE SAS, a simplified joint stock company with capital of € 500,000 and head offices at 28 Boulevard de Belle Rive 92500 Rueil Malmaison – France registered under number 508823747 in the Nanterre companies registry, hereinafter referred to as “ATLINKS”,
operates the Swissvoice Premium Service website (hereinafter referred to as the “Site”), an on-line shop for purchasing, accessing and using the pay services of Swissvoice Premium Service, as well as the Content (hereinafter referred to as the “Services”) and the functionalities.
The Services are intended for an Accompanied User and an Accompanying User acting together, as these terms are defined in article 2 below.
These General Conditions of Use (hereinafter referred to as the “GCU”) express the entire agreement between the Parties, regarding the subscription, access and utilisation of the Services and apply to the exclusion of all other documents, prior agreements or unilateral conditions, which are superseded by these GCU.
No tolerance or particular condition accepted by ATLINKS shall constitute a waiver of these GCU on the part of ATLINKS.
Access to and utilisation of our Services implies full acceptance of these GCU by the Users.
The Users confirm that they have read and understand these GCU in full and, prior to the subscription of Services, have obtained from ATLINKS all useful information more particularly concerning the Services and the functionalities of the Site, enabling them to check that they are compatible with their needs and understand the limits.
The Users are fully aware and agree that Swissvoice Premium Service does not replace medical supervision or any intervention of use for preservation of the wellbeing or health of the Accompanied User, nor does it create an obligation or responsibility on the part of ATLINKS in this respect. Swissvoice Premium Service is simply a comfort accessory available to the person wishing to effect remote-supervision of another person.
These GCU do not cover the purchase of the particular telephone associated with the provision of the Services.
An Accompanied User may however only use the Services if they have a compatible Swissvoice mobile phone.
RIGHT OF WITHDRAWAL
In accordance with articles L221-18 et seq. of the Consumer Code, consumers have a period of fourteen (14) days as of subscription of a contract in which to exercise their right of withdrawal. It is specified that with regard to the provision of digital Content with no hardware medium, the right of withdrawal may not be exercised by a consumer who has given express consent to benefit from the Services before the end of the withdrawal period.
The purpose of these GCU is to define the procedures enabling the Users to access and use the Site and Services, including the Content, as defined below.
2. PRESENTATION OF THE SITE AND SERVICES
For the purposes of this document:
a) The term “Smartphone” refers to the Swissvoice C50s mobile phone compatible with the Services, which the Accompanied User must possess in order to use the Services.
b) The term “User” refers to the Accompanying User and/or the Accompanied User who has met the conditions for access to the Site and Services.
“The Accompanying User” is the individual with access and who can use the Accompanying User Services described below
“The Accompanied User” is the individual using the Smartphone for which the Services are subscribed and having given their consent so that the Accompanying User can access the Services.
c) The term “Content” refers to all the elements available on the Site and resulting from implementation of the subscribed Services, more particularly the Contents accessible through use of the Smartphone by the Accompanied User:
Information on the status of the Smartphone:
- Smartphone positioned on/off the base (illustration)
- Geographical location (map and address)
- Status of mobile network, WiFi, Bluetooth, battery charge, ringer activated/deactivated/buzzer
Information provided by the detectors (graphs with log)
- Temperature, humidity, brightness, ambient noise level (7-day log maximum) if the smartphone is placed on its base
List of events that have occurred
Action keys for the Services only accessible by the Accompanying User with the consent of the Accompanied User at the time of subscription:
Standard services (not using the Smartphone video function):
- Burst call: triggers a telephone call in hands-free mode from the Smartphone of the Accompanied User to the number of the Accompanying User
- Remote: remote control of the mobile phone
- Text Message: a message is sent. On receipt, the message can be read vocally by the Smartphone
- Restart the Smartphone: remotely triggers restart of the Smartphone
- Geo fencing: defines a given geographical zone and if the Accompanied User exits it or enters it, a notification will be sent to the Accompanying User
Services using the Smartphone video function:
- Monitor: see and hear what is happening with the Accompanied User
- Burst video: during a communication, force the video function when the Smartphone is on its base
- The Monitor and Burst video action keys give a view within a radius of 1.5m at the Accompanied User and in any case respect the privacy of the Accompanied User
2.2 Subscription - registration
Access to the Site requires subscription to the Swissvoice Premium Service and the use of a browser such as Chrome, Firefox or Safari.
Payment is required for access.
The subscription procedure requires that the two Users can simultaneously confirm their agreement to the various registration phases.
To register with the Site, you must:
- Fill out the subscription form containing all the mandatory information (marked with a “*”); if one of the Users fails to provide an answer, the Service cannot be implemented, and the information to be provided must be accurate, truthful and up-to-date,
- obtain the express and full consent of the Accompanied User,
- enter your bank details,
- the Accompanying User must enter a password.
The login (email address) and password are personal, confidential and non-transferrable. The Accompanying User agrees to keep the password confidential and not to divulge it in any form whatsoever.
This Site is reserved exclusively for adult individuals.
2.3 Conditions for use of the Services
The Services are available 24 hours a day via the internet except in the event of a scheduled or other service interruption, for reasons of force majeure, breakdowns or maintenance work, for which there can be no compensation.
The Services are periodically updated. Only the current version available on the Site is applicable. ATLINKS may freely modify the technical characteristics of the Site.
To be able to use the Services, the Accompanying User must have an internet connection, appropriate IT equipment and a mobile phone for which all costs, expenses, subscriptions and taxes are independent of the Services proposed by ATLINKS and are in no case to be borne by ATLINKS.
To be able to use the Services, the Accompanied User must have a Swissvoice Smartphone compatible with the Premium Service, a mobile subscription with data, the mobile phone must have been correctly activated and configured and must be connected to the operator’s network. The base must also be connected to the electricity grid and paired with the Smartphone. All costs, expenses, subscriptions and taxes are independent of the Services proposed by ATLINKS and are in no case to be borne by ATLINKS.
A telephone assistance hot-line - +44 (0) 2076 608883 – is available to the Users from Monday to Friday, 9:00 to 17:00. This assistance is also available by email at the following address: UK&EIfirstname.lastname@example.org.
ATLINKS will deploy all the resources at its disposal to provide high-quality access to the Services and will do everything it can to correct any operating anomalies of which it is informed, and which are directly attributable to it, as rapidly as possible. However, the users declare that they are familiar with the characteristics and constraints of the Internet, more particularly the fact that data and information transmissions on the Internet only enjoy relative technical reliability, as they travel on heterogeneous networks with differing characteristics and technical capabilities, which may disrupt access to the Services or render this temporarily impossible.
The Users are fully aware and agree that the obligations of ATLINKS are obligations of means and that ATLINKS cannot be held liable for the prejudicial consequences, of whatsoever nature, resulting from the utilisation or unavailability or total or partial failure of the Site or Services.
The Users each undertake not to hinder the working of the Site and the Contents in whatsoever manner and more particularly not to use any computer program with the purpose or effect of harming the Site, the Contents and more broadly the ATLINKS information system, or rendering them unavailable.
It is up to the Users to ensure that their hardware and software allow correct access to the Services and prevent any contamination or security breach.
It is also up to them to take all measures they consider necessary regarding the care and protection of the Accompanied User, as the Services can in no case take the place of medical or physical intervention, nor be considered a determining factor in said intervention, and ATLINKS declines all liability or obligation in this respect. The Users declare that they are aware of the undertaking and the implications that use of the Site and the Contents may represent for the Accompanied User, notably in terms of handling of their personal data and discharge ATLINKS of all liability in this respect.
The Services are used by the Users at their sole risk and under their sole responsibility. ATLINKS more particularly declines all liability regarding the relations between the Users and any disputes that may arise, notably but not exclusively any private disputes linked to the use of the Site and the Contents by the Users.
3. PROCESSING OF PERSONAL DATA
The subscription and use of the Services and Contents involve the collection and processing of personal data, notably concerning the Users and more particularly the Accompanied User.
The Parties agree to comply with the regulations applicable to the protection of personal data, more particularly the French Data Protection Act of 6 January 1978 as amended and the European Regulation on the Protection of Personal Data of 27 April 2016 (GDPR – General Data Protection Regulation), hereinafter referred to as “The Regulation”:
- With regard to the personal data communicated to ATLINKS by the Users or collected from them by ATLINKS at the moment of subscription, notably the surname, first name, email address, mobile phone number of the Users, ATLINKS undertakes to process these personal data for the sole purposes of and in the conditions set out in these General Conditions of Use and in the registration form. These personal data are intended for management of the subscriptions.
- With regard to the personal data produced and made accessible through the implementation and utilisation of the Services, such as the identification data concerning the location and environmental conditions of the Accompanied User; their collection and processing are essential for the purposes of the Service and this collection and processing are only possible with the consent of the Accompanied User.
These data are intended for the ATLINKS personnel providing the Site and the Contents and, as applicable, its subcontractors, in compliance with the Regulation.
ATLINKS does not market or sell said personal data collected or processed within the context of or for the purposes of the Services.
With regard to the personal data, ATLINKS implements technical, organisational and human security measures in the design of the Services and functionalities of the Site, in order to protect these data from any unauthorised access or release, loss or theft, modification or destruction, and to ensure that the Accompanied User is informed and their consent obtained as required, and to enable them to deactivate the Services.
The Users shall be notified of any personal data breach or security breach at the addresses indicated on the subscription form.
ATLINKS will not process personal data nor transfer personal data outside the territory of a Member State of the European Union, the territory of a Member State of the European Economic Area or a country with an adequate level of personal data protection as defined by the European Commission.
The Personal data are kept by ATLINKS for the duration of the subscription to the Services and for the legal period of conservation and prescription. Subject to this condition, at the request of a User, or no later than termination or expiry of the subscribed Service, ATLINKS will return the documents and Processing results in its possession to one or other of the Users or destroy them.
The subscription invoices issued on the Site in an original and certified format are accessible in the Customer Space and are kept for 24 months. The Accompanying User alone is responsible for archival of their invoices. In accordance with the Regulation, as the data subjects, the Users at all times enjoy various rights with regard to the personal data concerning them (access, correction, erasure, objection, limitation of processing and portability). Any request on this subject must be submitted to ATLINKS in writing, along with proof of identify, to the following address:
- by email to: email@example.com
- by post to: ATLINKS Europe 28, Boulevard de Belle Rive 92500 Rueil-Malmaison - France
You may define directives concerning the conservation, deletion and communication to third parties of the personal data concerning you in the event of your death.
You may also submit a claim to the French Commission Nationale de l’Informatique et des Libertés (CNIL).
For more details regarding your rights, please refer to our personal data protection policy, available on our website: https://www.swissvoice.net
ATLINKS can place cookies on the computers of the Users subject to their consent and within the terms of its “Cookies” policy, available on: https://www.swissvoice.net.
5. UTILISATION RIGHTS – INTELLECTUAL PROPERTY
The Site and the Contents, comprising all texts, illustrations, data, databases and programs, including the software technology making up the Site, are protected by intellectual property and/or other rights held by the ATLINKS company or which it is authorised to use.
For the duration of the subscription, the Users have a non-exclusive, personal and non-transferable right of access and utilisation of the Site.
The Users agree only to use the Site for their needs as identified in the subscription.
6. FINANCIAL CONDITIONS
The financial conditions for subscription to the Services are set out in the subscription form, based on the ATLINKS prices available on the site https://www.swissvoice.net.
ATLINKS declines all liability in the case of use of the Site or Contents that fails to comply with these General Conditions of Use.
ATLINKS cannot be held liable for any delay in performance or non-performance of its obligations as set out in the General Conditions of Use as the result of a case of force majeure.
If ATLINKS is held to be liable for non-performance or incorrect performance of its obligations, the total amount of compensation that can be granted to the Accompanying User may not exceed the value of the annual subscription instalment paid for the period during which the event occurred. In any case, ATLINKS may not be held liable for loss of sales, indirect prejudice, operating losses, consequential damages, or moral damages.
8. DURATION - SUSPENSION - TERMINATION
The subscription is taken out on a monthly basis, with no duration commitment and is tacitly renewed.
The Accompanying User may terminate their subscription at any time, by logging into their customer account on the https://www.swissvoice.net website. The suspension or cessation of the Services will take place on the monthly anniversary date of the subscription following receipt of the request.
The Accompanied User may at any time terminate access to the Service by the Accompanying User by calling the telephone hot-line on +44 (0) 2076 608883. The Services will be suspended or halted within 48 to 72 hours following receipt of the request and the Accompanying User will be notified by ATLINKS.
At the end of the subscription, the Service becomes unavailable.
ATLINKS reserves the right to temporarily interrupt all or part of the Site or Contents, for Site security reasons.
ATLINKS also reserves the right unilaterally to terminate the relationship resulting from the General Conditions of Use if the Users fail to comply with the conditions for use of the Site and the Services as set out in these General Conditions of Use.
The monthly subscription fee paid for the month during which the subscription is suspended or terminated, regardless of the reason, will not be refunded.
9. APPLICABLE LAW – COMPETENT JURISDICTION
These General Conditions of Use are governed by French law. The Users and ATLINKS will strive to reach an amicable settlement for any dispute that may arise between them regarding the conclusion or execution of these Conditions.
To this effect, the Users agree to inform ATLINKS of any problem, by post, at the following address:
Service Clients ATLINKS EUROPE 28, Boulevard de Belle Rive FR-92500 Rueil-Malmaison.
If an amicable solution cannot be reached within a reasonable time, any disputes arising from the interpretation or execution of these General Conditions of Use shall be submitted to the competent courts.