GENERAL TERMS AND CONDITIONS OF SALE AND USE OF SWISSVOICE PREMIUM SERVICE
Applicable from 17/10/2018
ATLINKS EUROPE SAS with a capital of 500000 €, having its registered office at 28 Boulevard de Belle Rive 92500 Rueil Malmaison – France registered under the number 508823747 in the trade register of Nanterre, hereinafter referred to as "ATLINKS", operates the Swissvoice Premium Service website (hereinafter the "Site"), an online shop for subscribing, accessing and using the services provided by Swissvoice Premium Service, and the Content (hereinafter referred to as the "Website"); after the "Services" and features.
The Services are dedicated to an Accompanied User and an Accompanying User acting together as these terms are defined in Article 2 below.
These Terms of Use (hereinafter the "Terms") express the entire agreement between the Parties as to the subscription, access and use of the Services and apply to the exclusion of all other documents, previous agreements or unilateral conditions, that the present GT&CU (General Terms and Conditions of Use) cancel and replace.
No tolerance or special condition accepted by ATLINKS will constitute a waiver by ATLINKS to invoke these Terms.
Access to our Services and their use implies the unreserved acceptance of these Terms by Users.
The Users confirm that they have read and understood these Terms in their entirety and have received from ATLINKS before subscribing for Services, all relevant information concerning, in particular, the Services and the functionalities of the Site allowing them to check their adequacy to their needs and to understand the limits.
The Users are aware and accept that Swissvoice Premium Service does not replace medical surveillance or any intervention useful for the preservation of the well-being or health of the Accompanied User, nor does it create any obligation or liability to ATLINKS in this regard. Swissvoice Premium Service is only a comfort accessory available to the person wishing to look after another person remotely.
These GT&CU do not govern the purchase of the telephone device linked to the Services.
Usage of the Services is however only possible for an Accompanied User who has a compatible Swissvoice smartphone.
RIGHT TO RETRACT
In accordance with Articles L221-18 et seq. of the Consumption Regulation, consumers have a period of fourteen (14) clear days from the subscription of a contract to exercise their right of withdrawal. It is specified that in the matter of supply of Digital Content without material support, the right of withdrawal cannot be exercised by a consumer who has given his express agreement to benefit from the Services before the end of the withdrawal period.
1. OBJECT
The GT&CU are intended to define the terms of access and usage by the Users of the Site and Services, including the Content, as defined below.
2. PRESENTATION OF THE SITE AND THE SERVICES
2.1 Definitions
For the purposes hereof:
a) The term "Smartphone" means the Swissvoice C50s smartphone compatible with the Services, which the Accompanied User must have, in order that the Services be performed.
b) The term "User" means the Accompanying User and / or the Accompanied User who has fulfilled the conditions of access to the Site and the Services.
"The Accompanying User" is the physical person who has access to and may use the Services described below,
"The Accompanied User" is the physical person using the Smartphone for which the Services are subscribed and having agreed to allow the Accompanying User to access the Services.
c) The term "Content" means all the elements available on the Site and proceeding with the implementation of the Services subscribed and in particular the Content accessible via the use of the Smartphone by the Accompanied User:
Smartphone Status Information:
- Smartphone positioned on base / off base (illustrated)
- Geographical location (map and address)
- Status of the mobile network, WiFi, Bluetooth, battery charge, ringer on /off / vibrator
Information provided by detectors (graphs with history)
- Temperature, humidity, brightness, ambient noise level (history over 7 days maximum) if the smartphone is positioned on its base
Lists of events
Action keys for Services only accessible by the Accompanying User with the agreement of the Accompanied User when subscribing:
Standard services (not using Smartphone video):
- Burst call: triggers a hands-free phone call on the Accompanied User's Smartphone to the Accompanying User's number
- Remote control: take remote control of the Smartphone
- Text message; sending message. Once received, the message can be vocally read by the Smartphone
- Restart the Smartphone: remotely triggers Smartphone reboot
Services using Smartphone video:
- Monitor: see and hear what is happening at the Accompanied User location
- Burst video: during a communication, forces the video when the Smartphone is on its base.
- The Monitor and Burst Video action buttons allow you to see within 1.5m at the Accompanied User location and in any case, while respecting the privacy of the Accompanied User.
2.2 Subscription - Registration
Access to the Site requires a subscription to Swissvoice Premium Service, and the use of following navigators: Chrome, Firefox & Safari. Access is on fee-paid basis.
The subscription procedure assumes that both Users can simultaneously confirm their agreement to the different phases of registration.
To register on the Site, you must:
- Fill out the subscription form containing all the mandatory information (identified by a "*"); if one of the Users fails to reply, the Service cannot be implemented and the information to be provided must be accurate, truthful and up-to-date,
- obtain the express, full and complete acceptance of the Accompanied User,
- fill in your bank details
- The Accompanying User must enter a password.
The login (email address) and the password are personal, confidential and non-transferable. The Accompanying User undertakes to keep the password secret and not to disclose it in any form whatsoever.
This Site is exclusively dedicated to adults.
2.3. Terms of Service
The Services are available 24 hours a day over the Internet, except in the case of scheduled or unscheduled service interruptions, for reasons of force majeure, breakdowns or maintenance operations, which are not compensable.
The Services are updated periodically. Only the updated version available on the Site is authentic. ATLINKS may freely modify the technical characteristics of the Site.
The use of the Services by the Accompanying User requires that he / she has an Internet connection, appropriate computer equipment and a mobile phone whose costs, fees, subscriptions and taxes are independent of the Services offered by ATLINKS and cannot be charged to ATLINKS.
The use of the Services by the Accompanied User requires that he / she has a Swissvoice Smartphone compatible with the Premium Service, a mobile subscription with data, that the mobile has been correctly put into service and configured, that it is connected to the network of the operator. It is also necessary that the base is connected to the electrical network and paired with the Smartphone. All costs, fees, subscriptions and taxes are independent of the Services offered by ATLINKS and cannot be charged to ATLINKS.
A helpline desk on +44 (1) 355 593 597 is available to Users from Monday to Friday, from 9:00 to 17:30. This assistance is also available by email at the following address: UK&EI-support@atlinks.com.
ATLINKS will use all the resources at its disposal to provide quality access to the Services and will endeavour to correct as soon as possible the operating anomalies brought to its attention and which are directly attributable to it. Users, however, declare that they are aware of the characteristics and constraints of the Internet, and in particular the fact that data and information transmissions on the Internet only benefit from relative technical reliability, as they circulate on networks heterogeneously with various technical characteristics and capabilities, which may disrupt access to the Services or render it temporarily unreachable.
Users are aware and accept that the obligations of ATLINKS are obligations of means and that ATLINKS cannot be held responsible for any harmful consequences, whatever their nature, resulting from the use or unavailability or failure total or partial of the Site or Services.
Users each agree not to interfere with the operation of the Site and Content in any way whatsoever and in particular not to use a computer program having the purpose or effect of reaching or making unavailable the Site, Content and more broadly the ATLINKS information system.
It is the responsibility of Users to ensure that their hardware and software allow them correct access to the Services and to guard against any contamination or security breaches.
It is also their responsibility to take any measures they deem necessary regarding the care and protection of the Accompanied User's person, the Services being in no way substituting for medical or physical intervention or being considered as the condition, and ATLINKS disclaims any liability or obligation in this regard. Users declare to be aware of the commitment and the implications that the use of the Site and Content for the Accompanied User may represent, especially in terms of the handling of their personal data and release ATLINKS from any liability in this regard.
The use of the Services is made by Users only at their own risk and under their sole responsibility. In particular, ATLINKS disclaims all liability related to the relationship between Users and any disputes that may arise, including, but not limited to, any private disputes related to the use of the Site and Content by Users.
3. TREATMENT OF PERSONAL DATA
The subscription and use of the Services and the Content implies the collection and processing of personal data, particularly concerning the Users and more particularly the Accompanied User.
The Parties undertake to respect the regulations applicable to the protection of personal data and, in particular, the French Data Protection Act of 6 January 1978 as amended and the European Regulation on the Protection of Personal Data (GDPR – General Data Protection Regulation) of 27 April 2016, hereafter "the Regulations":
- Concerning the personal data communicated to ATLINKS by Users or collected by ATLINKS from them when subscribing to the subscription, including last name, first name, email address, mobile phone number of Users, ATLINKS undertakes to processing such personal data for the sole purpose and under the conditions set out in these Terms of Use and in the registration form. These personal data are intended for the management of subscriptions.
- Regarding the personal data produced and made accessible through the implementation and use of the Services, such as the identification data relating to the location and environmental conditions of the Accompanied User, their collection and processing are essential for achieving the purposes of the processing of the Service and this collection and processing is only possible with the agreement of the Accompanied User.
These data are intended for ATLINKS staff ensuring the supply of the Site and Content and, where applicable, its subcontractors, in accordance with the Regulations.
ATLINKS does not sell or sell such personal data collected or processed in connection with or for the purposes of the Services.
From the design of the Services and functionalities of the Site, ATLINKS has put in place technical, organizational and human security measures for the personal data in order to protect them against any unauthorized access or disclosure, loss or theft, modification or destruction, and to ensure to inform and to collect the consent of the Accompanied User as necessary and to allow him/ or her to deactivate the Services.
Any violation of personal data or security breach will be notified to Users at the addresses indicated in the subscription form.
ATLINKS will not process personal data or transfer personal data anywhere in the territory of a Member State of the European Union to the territory of a Member State of the European Economic Area or in a country with an adequate level of protection for the protection of personal data as defined by the European Commission.
Personal data is kept by ATLINKS for the duration of subscription to the Services and during the legal period of retention and prescription. Subject to this reservation, ATLINKS will return to one or the other Users or, destroy the documents and results of Processing in its possession, at the request of a User or at the latest at the time of termination or expiration of the Service subscribed.
The subscription invoices delivered on the Site in an original and certified format are accessible on the Customer Account with a 24-month history period. The Accompanying User is solely responsible for the archiving his invoices. In accordance with the Regulations, Users have, at any time, different rights linked to their personal data (access, rectification, deletion, opposition, limitation to processing and portability). Any request in this regard must be made in writing to ATLINKS and accompanied by a proof of identity and addressed:
- by email to: dpo@atlinks.com
- by post to ATLINKS Europe address: 28 Boulevard de Belle Rive, 92500 Rueil-Malmaison - France
You have the right to set guidelines for the retention, erasure and disclosure to third parties of your personal data in the event of death.
You also have the possibility to place a complaint to the French Commission Nationale de l’Informatique et des Libertés (CNIL).
For more information on your rights, please refer to our privacy policy available on our site: https://www.swissvoice.net
4. COOKIES
ATLINKS may place cookies on users' computers subject to its agreement and in accordance with the terms of its "Cookies" policy, available at: https://www.swissvoice.net.
5. RIGHT OF USE - INTELLECTUAL PROPERTY
The Site and Contents, including all texts, illustrations, data, databases and programs, including the software technology setting up the Site are protected by intellectual property rights and / or other rights that ATLINKS owns or ATLINKS it is authorized to use.
Throughout the term of the subscription, Users have a non-exclusive, personal and non-assignable right to access and use the Site.
Users undertake to use the Site only for their needs as identified in the subscription.
6. FINANCIAL CONDITIONS
The financial terms for subscribing to the Services are set out in the subscription form, based on the ATLINKS rates available on the website https://www.swissvoice.net.
7. LIABILITY
ATLINKS declines any responsibility in case of use of the Site of Content that does not comply with these GT&CU.
ATLINKS is not responsible for any delay in the execution or for any non-fulfilment of its obligations resulting from the GT&CU which come under a case of force-majeure.
If the responsibility of ATLINKS is retained due to a non-execution or a bad execution of its obligations, the total amount of redemption that can be allocated to the Accompanying User cannot exceed the amount of the paid subscription annuity for the period during which the chargeable event occurred. In any case, the responsibility of ATLINKS cannot be held for loss of turnover, indirect damage, loss of exploitation, intangible damages, moral damages.
8. DURATION - SUSPENSION - TERMINATION
The subscription is subscribed on a monthly basis without commitment of duration and renewable by tacit renewal.
The Accompanying User may terminate his subscription at any time by logging into his customer account on the website https://www.swissvoice.net. The suspension or termination of the Services will take place on its monthly subscription anniversary date, upon receipt of the request.
The Accompanied User may terminate the access to the Service by the Accompanying User at any time by calling the hotline at +44 1355 593597. The suspension or the termination of the Services will take place within 48 to 72 hours after receipt of the request and will be notified by ATLINKS to the Accompanying User.
The end of the subscription makes the Service unavailable.
ATLINKS reserves the right to temporarily interrupt all or part of the Site or Content for reasons related to the security of the Site.
ATLINKS also reserves the right to unilaterally terminate the relationship resulting from the GT&CU in case of non-compliance by Users with the terms of use of the Site and the Services contained in these GT&CU.
The monthly subscription paid for the month in which the subscription is suspended or terminated, for whatever reason, will not be refunded.
9. APPLICABLE LAW - COMPETENT JURISDICTION
These GT&CU are governed by French law. Users and ATLINKS will endeavour to settle amicably any dispute that may arise between them in connection with the conclusion or execution of these Terms.
For this purpose, Users undertake to inform ATLINKS of any difficulty by mail addressed to:
Customer Service ATLINKS EUROPE 28, Boulevard de Belle Rive FR-92500 Rueil-Malmaison.
In case of failure to attempt an amicable resolution within a reasonable time, disputes arising from the interpretation or execution of these GT&CU shall be submitted to the competent courts.
