1. GENERAL PROVISIONS
- 1.1. The Terms and Conditions stipulate the rights and obligations of the Contracting Parties for operating and using the Service, specified in detail within the Terms and Conditions. The current wording can be found on the Provider's website at www.famwat.com/gtc in PDF format, including the valid digital certified signature of the CEO of the Provider.
- 1.2. The service Provider is PLATAR s.r.o. based at Hanusova 1537/3a, Prague 4, Czech Republic, Company ID: 24798011, registered in the commercial register of the Municipal Court in Prague, file C 175186.
- 1.3. A user is referred to as a person that completes the registration process on the Provider's website, becoming the Family Administrator and also the Guardian.
- 2.1. Description
- FamilyWatch is a service operated by the Provider for the purpose of warding the movement and communication of Dependants within a single family. Warding the movement and communication of users, or Dependants respectively, is possible by the collection of data via the Dependant Application installed on their mobile phones. This data is transferred securely (encrypted) to the Provider's data centre. The Guardian then receives information regarding the movement and communication of Dependants from the Provider's data centre, either via the Guardian Application on the www.famwat.com website or via the Mobile Application for Guardians. Mobile applications utilize the services and settings on these devices (mobile phones), the accuracy of movement and communication therefore depends on the capacity of these devices.
- The service is provided worldwide. Mobile applications can be installed into the devices (mobile phones) of the Dependants exclusively within the family with respect to the real mutual legal status of the Family Administrator and other members of the family and with their knowledge or consent in relation to the legal form of these relations in the country of use. The applications are not intended to be used for the secret surveillance of people outside of the family. The application keeps data for the movement and communication of Dependants for a limited period of 31 days.
- 2.2. Terms and Definitions
- Family – All parties entered by the Family Administrator as Guardians or Dependants. The maximum Guardians for one family are 4 and each family can have up to 10 Dependants.
- Family Administrator – The person that performed the registration at www.famwat.com and created the Family. The Family Administrator is also a Guardian. The Family Administrator is authorized to enter Dependants and other Guardians.
- Guardian – The person receiving information about the movement and communication of Dependants via the Dependant Application installed on the mobile phone of the Dependent (including the Family Administrator).
- Dependant – The person with the Dependant Application installed in his/her mobile phone, used to transfer information about the Dependant's movement and communication to the Guardian.
- Dependant Application – The application installed on the mobile phone of the Dependant, used to deliver information about the Dependant's movement and communication.
- Guardian Application on the Website – The application used by the Guardian to receive information about the Dependant's movement and communication via the web browser.
- Guardian Application on a mobile device – The mobile application used by the Guardian to receive information about the Dependant's movement and communication via mobile phone or tablet.
- Registration – The process of submitting required information into the registration form on the following page: https://www.famwat.com/registration.
- 2.3. Service availability with respect to region and time
- Service availability is unlimited and worldwide depending on the data plan of the Dependant and the functionality of his/her mobile phone. The service is available non-stop.
- 2.4. Technical conditions for using the service.
- The Dependant must have a Smartphone in his/her possession with the Android operating system, at least version 2.3, and an active data plan. The Dependant Application must be installed on the phone.
- To receive information about the Dependant via mobile phone or tablet, the Guardian must have a Smartphone or tablet equipped with the Android operating system, at least version 2.3, and an active data plan or other internet connection established. The Guardian Application must be installed on the phone or tablet.
3. FamilyWatch SERVICE ACTIVATION
- 3.1. Service Activation refers to the state where the registration process at www.famwat.com has been successfully completed and the Family has been created. A detailed guide to walk you through the registratio and creating a Family is available at https://www.famwat.com/registration.
- 3.1.1. After the registration process is complete and the Family is created, the service can be used once the appropriate Application is installed on the mobile phone of the Dependant.
- 3.2. The future user enters the following information as part of the registration process:
- a) User name
- b) Valid e-mailo address
- c) Password
- 3.3. In the next step, the Family Administrator configures the Dependant. The following information is entered for the Dependant:
- a) Name of Dependant
- b) Communication code of the Dependant's phone. This is obtained after the installation process, once the Dependant Application is started.
4. USING THE FamilyWatch SERVICE
- 4.1. By providing all of the information above, the User expresses consent to use the information as necessary for the purpose of operating the Service.
- 4.2. By expressing his/her consent with the Terms and Conditions, the User undertakes and explicitly declares, that the Dependant Application will be installed on the mobile phone of the Dependant and information about the Dependant's movement and communication will be received explicitly under the terms defined in article 2.1. of the Terms and Conditions.
- 4.3. The Provider is not held liable for the use of services by the user for purposes other than those intended.
The Provider is not held liable for the improper use of the application, and as a substance of matter, nor can the Provider guarantee the accuracy of location data or the completeness of communication records (GPS disabled, application deleted by user, breakdowns on the part of the operator or Internet connection).
- 4.4. The Family Administrator can terminate the service by removing the Family from www.famwat.com.
5. DETAILED DESCRIPTION OF THE FamilyWatch SERVICE
- A detailed description of the service is available on the Provider's website www.famwat.com
6. PRICING AND TERMS
- 6.1. The price for using the Service consists of:
- a) Service payments
- b) VAT rates per Czech law
- 6.2. The current price for the service is listed at www.famwat.com.
- 6.3. Payment for provided services in desired months (pre-paid months) will be made via bank transfer or via the service.
For information, visit www.famwat.com.
- 6.4. Payment for services is performed by a subscription of selected number of months before the beginning of the period using the Service, or by subscription services for a longer period through affiliate sales.
- 6.5. In the event of termination of use of the service, the user is entitled to a refund of the remaining complete months of subscribed period, i.e. the remaining months without current month.
7. PROTECTION OF DATA AND PERSONAL INFORMATION
- 7.1. It is the explicit wish of the use, and the user expresses his/her consent with all information, provided to the Provider, used to identify the User, activate and use the Service or parts of the Service, and the Provider is authorized to collect such information. The User also agrees with the management, collection and archiving of data used for determining the geographical location and / or movement of the Dependent and communication. The Provider undertakes to dispose of such information 60 days after the contractual status has dissolved, unless applicable law stipulates otherwise.
- 7.2. The User is authorized to withdraw his/her consent pursuant to 7.1 in written form sent to the Provider's address or demonstrably in electronic format. The Service and contractual relation between the Provider and User will cease to exist no later than two business days after the date the notice of withdraw is delivered. The Provider is authorized to keep the identification data given to the Provider by the user pursuant to the Terms and Conditions for a period of 20 days after the termination of the contractual relation between the Provider and User.
- 7.3. The User agrees that the User's information collected by the Provider, pursuant to the Terms and Conditions, including information regarding the geographical location of the Dependant, can be provided to the Czech Police Department, or other security, investigative and court authorities on request.
8. DECLARATION OF PRIVACY PROTECTION
- 8.1. The Provider undertakes to protect the personal information of the User and proceed pursuant to Act 101/2000 Coll., on the protection of personal information.
- 8.2. The Provider will collect and use the personal information of the User as least as possible and only with the expressed consent of the User, particularly for the purpose of communicating with the User.
- 8.3. By registering at www.famwat.com the provider obtains the voluntary consent of the User to include the provided information in the Provider's database and to process the data further.
9. CONCLUDING POVISIONS
- 9.1. The User explicitly declares that by registering for the Service, he/she agrees with the Terms and Conditions.
- 9.2. The User understands the Provider is not liable for any damages incurred by Service breakdowns or inaccuracy or incorrect information regarding the location or movement of the Dependant. All location and movement data can only be considered as approximate, their accuracy and correctness is limited to the technology available in the given location.
- 9.3. The contracting relation between the User and Provider, as well as any associated relations, follow the respective provisions of Act 513/1991 Coll., Commercial Code, which the User and Provider explicitly arrange and to which the User explicitly agrees by completing the registration process.
- 9.4. Should any provision of the Terms and Conditions become invalid or ineffective, the remaining parts of the Terms and Conditions remain valid and effective.
- 9.5. The Provider is not liable for misuse or damage caused by the unauthorized use of the Service by the User or other party in relation to third parties or to the User. The User is fully responsible for any damages, including, though not solely, direct, random, subsequent, indirect damages or third party repressive damages, including the Dependant and Provider in connection with using the Service.
- 9.6. The Provider is authorized to amend the terms at the Provider's convenience. The updated version will be available at www.famwat.com 14 days before the amended Terms and Conditions are scheduled to become effective. The User can express his/her disagreement with the new Terms and Conditions by terminating the use of the service.