GENERAL CONDITIONS OF SERVICES AND/OR PRODUCTS

 

The sale and/or use of the APP and OK Located devices, will always be carried out under your total conformity and acceptance of the following general conditions of service. (If you have any doubts, we will answer you through our email: )

 

1) PURPOSE AND DESCRIPTION OF THE SERVICES:

a) In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following data are reflected below: The website and/or mobile application (APP) and related services are the property of Avances Tecnológicos Conectados S.L., from now on OK Located, with Tfno.+34 – 912 . 901 . 823 and email: info @ oklocated .es

b) The devices and the OK Located Application (APP) are intended to help you find what you are looking for, although it does not guarantee that you will find it. OK Located allows you to be more efficient in your search for what you have lost. This system cannot replace all the other precautions that should be taken to prevent the loss of loved ones or objects, but it is a great additional help in finding them.

c) Based on the advanced Bluetooth 4.0 technology, it will also be possible, through the OK Located APP, to enjoy and locate a series of additional services, at no cost to the user, such as virtual guides for tourism, offers and/or discounts in places of shopping and/or leisure, games, competitions, and many more.

d) The User is aware that the use of the services takes place, in any case, under his/her sole responsibility.

e) The purchase of products and/or services or their free access, in the event that they are offered free of charge from the website and/or APP, entail in favour of the User a licence of use that includes the right to electronically view their content, as well as the right to copy them on a computer support, print them or, in some cases, modify them for the exclusive internal use of the User.

f) All the contents included in the products and/or services of OK Located are subject to the intellectual and industrial property rights of OK Located and/or third party content providers. Access to said contents by the User in no case implies any type of waiver, transmission or total or partial transfer of said rights, nor does it confer any right of commercial exploitation, reproduction, distribution or public communication of said contents, other than those expressly stated in these general conditions, without the prior and express authorisation specifically granted, for this purpose, by OK Located.

g) The User agrees not to remove, if any, the copyright reference, in printouts and copies of documents, included in the products and services of OK Located.

h) The User will refrain from using the products and / or services and their content for illegal purposes or effects, prohibited in these General Conditions, harmful to the rights and interests of third parties and OK Located unless proven otherwise, it will be understood as illicit use the fraudulent downloading of files and / or the use of specialized software downloads from web pages and / or APP. In such cases, OK Located may suspend the service, charge the downloads at the individual download price and/or claim damages.

i) Pursuant to the provisions of Articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the User may not manipulate or use the products and/or services received to trade with them, create publications and/or services of public access of any kind, and especially those that are comparable or interfere with publications and/or services that OK Located offers or may offer, unless specific contract for the case. It is expressly forbidden the incorporation of contents included in the products and/or services of OK Located in web pages and/or APP accessible by third parties and public databases, whatever their computer support, whether they are free or paid access.

j) Access to the services by the User may be cancelled if OK Located detects patterns of use contrary to the provisions of these General Conditions and, in particular, the fraudulent capture of documents and/or the reuse of information for commercial use.

k) The obligations of the User with respect to downloaded or printed CONTENT shall always continue, even after the termination of its use.

l) The presentation of products on screen does not in itself constitute an offer of sale as such from a contractual point of view, but is merely a showcase of the products available on the Website at an information level. They shall only be contractual when payment for the product and/or service is made.

 

2) LIABILITY:

a) We try to provide you with useful information as accurately as possible but we do not endorse, nor do we guarantee in any way to find what you are looking for. We are not, therefore, responsible for the accuracy, reliability or effectiveness of the location information you provide as it depends on technological factors outside our company, such as the type of mobile devices available to the user, GPS network, Wifi networks, data network of your telephone company and / or the technology used, although very effective, is low cost.
b) You must use OK Located in an appropriate manner, with no intention of monitoring another person without their consent (if necessary). We are not responsible for the misuse of your OK Located device and the possible infringement of each person’s individual freedom.
c) Thanks to the “Community Alert” function, OK Located may allow you to use only for an instant, reciprocally and completely anonymously, the bluetooth of the mobile device of other people who have the APP.

3) LEGITIMACY AND ORIGIN OF THE DATA:

a) You declare that the minimum information provided about yourself (it is totally confidential) that is requested on the APP account registration form, to access the APP for the first time, is accurate, complete, and real, updating your account information if there are variations. This includes providing OK Located with an active email address, in order to receive notifications and other communications related to the account, as well as providing us, in order to improve the effectiveness of the APP and/or for statistical purposes (completely anonymous) the following data: Nick or user name, year of birth, sex, Postal Code of your usual place of residence.
b) All these data will be verified (by the person who delivers) if the user receives prizes, discounts, offers and/or any type of promotion, as these are aimed solely and exclusively at the user with the characteristics indicated in their initial registration (especially age and place of residence), so if the accuracy of these data cannot be verified, the promotion will be void or deserted.

4) USE OF THE INFORMATION:

The information will be provided for the exclusive use of the User, who in no case, unless expressly authorized in writing by OK Located, may:

(a) Transfer, convey, assign, assign, sublet, sublicense, sell or otherwise dispose of the product and/or service, whether free of charge or for a fee.
b) Alter, transform or in any way modify all or part of the product and/or service, except where expressly stated otherwise either on the website and/or APP.
c) Create websites and / or compendiums containing all or part of the product and / or service that constitutes the content of the website and / or APP OK Located.
d) The User shall be solely responsible for any consequences that may arise from such actions, as well as for the safeguarding of the products and/or services provided, and must take appropriate security measures to protect against unauthorised access or dissemination.
e) The use of cookies is necessary for the use of our website and/or APP. Cookies are used for the purpose of analysing how users use our website. If you wish, you can configure your browser to be notified on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for further information.

 

 

5) CHARACTERISTICS OF EQUIPMENT AND/OR SERVICES OK LOCATED:

a) SCOPE AND AUTONOMY.
Ø All OK Located devices work in the same way and with the same technology, the quality and efficiency will depend exclusively on the model of Smartphone or Tablet you use. The use of your OK Located device is subject to the geographic area in which you are located and the different digital media you connect to or work with on a daily basis.

Ø The OK Located device is not an anti-theft device, and would not be able to identify or recognise the legitimate bearer of items associated with an OK Located device, and therefore would not be able to detect an illegitimate or unauthorised bearer. OK Located equipment behaves like a beacon, and not like a GPS tracker; it is not designed to geolocate in real time, nor is it adapted to prevent theft, although it can assist in all these functions.

Ø OK Located may change or cease to offer, temporarily or permanently, any feature or component, in whole or in part, of the OK Located APP services at any time, without notice. You agree that OK Located shall not be liable to you or to any third party for any modification, suspension or withdrawal of a feature or component of all or part of the OK Located Services.

b) SIZE OF THE LOCATOR
This will vary according to the models and usual uses for which they are designed, being clearly indicated in the description of each one, included in the Shop section of the Web.

c) WATER RESISTANCE AND/OR OPERATING TEMPERATURE
Except in models that specify it, it is not resistant to water, humidity, high and/or low extreme temperatures, the description of each one, included in the Shop section of the Web. It must be used and kept at room temperature, as sudden changes in temperature are not advisable for any electronic device.

d) COMPATIBILITY WITH YOUR SAMARTPHONE OR ANDROID TABLET DEVICE
Before purchasing the OK Located device, it is essential to check the characteristics and compatibility of your Smartphones and/or Tablets with the versions: Android 4.3 onwards and Bluetooth 4.0 onwards.

 

6) INTELLECTUAL PROPERTY

a) OK Located is the owner of all the industrial and intellectual property rights of the website and/or APP and of all the elements contained therein, with the exception of the rights that are not owned by this Company and which belong to their respective owners, and which, as such, are recognised by the website and/or APP.
b) It is strictly forbidden to modify, transmit, distribute, reuse, repost, or use all or part of the content of the site for public or commercial purposes without the express permission of OK Located.
c) Infringement of any of the above rights may constitute a breach of these provisions as well as a criminal offence punishable under Articles 270 et seq. of the current Spanish Penal Code.
d) All the names of manufacturers, products, companies, brands and logos that appear on this website belong to their respective owners, whether or not they have the symbol © Copyright or ® registered trademark.

7) PRICE AND MODIFICATIONS:

a) The cost of the products and/or services provided by OK Located will be the one established for each of them in the Tariffs in force at each moment, which are accessible through OK Located’s website, although these prices will not be definitive until the completion of the purchase accepted by both parties. OK Located reserves the right to modify these rates at any time, being of immediate application from the moment they are incorporated into the aforementioned website. The prices set out in these rates will include the taxes that are in force at any time in the territory of the European Union.
b) OK Located reserves the right to modify its products and/or services, as well as the systematisation of the data supplied and/or the technical characteristics of access and transmission, and also reserves the right to partially or totally interrupt the service due to technical changes or breakdowns without prior notice.
c) The costs of preparation/logistics/transport of the products sold are shown on the summary page of your order, before the final validation of the purchase.

 

 

8) ORDER PLACEMENT:

a) In the event of an exceptionally long delivery time, if you change your address between the purchase of the product and its dispatch, please notify us at least 7 days prior to dispatch. We will not be held responsible if delivery has not been made to the correct address, in the event that you have not taken this precaution into consideration.
b) In order to make a purchase you must identify yourself with your name, surname, address, mobile phone number, email address, password, postal details, etc. and that you acknowledge that these details are real and that you authorise us to verify their authenticity in the case of a first purchase, and/or in the case of creating a user account. If you change your email address and password, once you have created your user account, you must inform us as soon as possible as this will result in the permanent loss of your account, and the blocking of all your data and OK Located devices.
c) After identifying yourself correctly, the purchase requires the reading and acceptance of the provisions of the General Conditions of the services and/or products, of the provisions regarding the protection of personal data and of the conditions of use of our website and/or APP. By doing so, you electronically express your full agreement to the product and/or service, the price, and the contractual agreements, at the time of making the purchase or using the service.

9) PAYMENT:

a) Payment is made exclusively through a secure platform of the bank of the one found on the OK Located website.
b) At the time of payment you are directed directly to this bank’s online banking server and no other data is stored by OK Located on the bank’s secure gateway transaction.
c) After payment, you will receive an email with a summary of your order and the expected delivery time. However, the unavailability of an item will be previously indicated on the OK Located website, where we will inform you of the estimated delivery time. If this period, for exceptional reasons, is not published on the website and is more than 30 days, you can cancel the purchase, by writing to the email: indicating all the details of your purchase, and we will proceed to refund the amount paid on your card within a maximum period of 3 working days, provided that you have not been informed that the purchase has left our warehouses.

10) RETURNS POLICY:

a) The customer may return an OK Located device if it is faulty, and when we receive the faulty equipment, we will replace it with another of similar characteristics.
b) It is exempt from this possibility, the incompatibility of OK Located with your device, since previously you are responsible for informing yourself about the features of your Smartphone or Tablet. Any person who purchases an OK Located device, declares to be aware of its functional and technical characteristics that are shown in the product sheet and/or in this legal notice.
c) Upon receipt of the OK Located device, the buyer must keep the receipt from the courier company and the purchase receipt. In addition, it is essential to keep all the information relating to the guarantee of your product. Likewise, products that are damaged during shipment, incorrect or defective can be returned. To carry out this return process, first of all, you must contact us by e-mail: to detect the problem and resolve the incident as soon as possible. To do this, you must provide us with the following information:
-Web order number and date of purchase.

-The complete address to which we send the article.

-A contact telephone number.

d) When we receive your e-mail, if we have not been able to solve the problem, we will provide you with an authorisation number, this is an essential requirement for you to be able to send us, at your cost and by the means of transport of your choice, you being responsible at all times for the shipment until it is received by our company. Please indicate this number clearly on the packaging of the item you are sending to speed up the processing of the receipt of the goods. Furthermore, we will NOT accept any goods without this authorisation number, nor shipments that have not been paid for transport.
e) If the claim is justified on warranty grounds, OK Located will bear the cost of shipping the repaired or replacement device to the User.
f) Note: In order for OK Located to send you a new device to replace the damaged, defective or incorrect product, you must first return the original product within 15 days from the date of receipt of purchase. If you do not return the original product within this period or do not have an authorisation number, OK Located will not accept any returns.

 

 

11) FORM OF CANCELLATION AND/OR SUBMISSION:

a) Due to the technical computer and telecommunications constraints on the use of the OK Located website, although we have the SSL security certificate, we cannot guarantee the absence of malfunctioning of each of the stages of access to the site, the order process, payment, order tracking, especially due to the inconvenience or damage inherent in the use of the Internet network, such as external intrusions, presence of computer viruses. Moreover, in accordance with the law, we cannot be held responsible for the possibility of non-performance or improper performance of our obligations as a seller, for which we are not responsible.
b) You are responsible for maintaining the confidentiality, and/or all uses of your login information, and password on the OK Located APP. You agree to notify us immediately of any unauthorized use of your login information or password. OK Located cannot and does not assume any responsibility or liability in connection with any information submitted by anyone who has fraudulently accessed your OK Located account or in connection with any fraudulent or improper use by any third party of the information you have submitted. In the event of proven direct damage, our liability, in any event, shall not exceed the purchase price of OK Located equipment.
c) Contracts entered into between OK Located and its customers and/or subscribers shall be made at the time of purchase or, as the case may be, subscription and/or approval of the service by the User. If any of the clauses of this contract are voidable or null and void, they shall be deemed not to have been made, and the rest of the contract shall retain all its binding force between the parties. These general conditions are governed by Spanish Law.

12) DATA PROTECTION

For the purposes of the provisions of Spanish Organic Law 15/1999 on the Protection of Personal Data, OK Located informs the User that the personal data required as a result of the request for the purchase of products and/or services will be incorporated into a file created under the responsibility of OK Located, authorizing this company to process such data. The User may exercise the rights of access, rectification and cancellation of their data in accordance with the provisions of Instruction 1/1998 of the Spanish Data Protection Agency, by accessing the company’s website, or by email to info@oklocated.es.