1. PURPOSE

These terms were intended to define the contractual relationship between the LOFOX platform developed by MySelfCompany Sarl, hereafter “LOFOX” and the users of the LOFOX platform, hereafter “member”.

These Terms govern the use of the LOFOX platform for online registration on the LOFOX site (www.lofox.ch) of a declaration of loss of an item by its owner and a declaration of discovery of an item by a finder and the relationship created between the parties of a probable matching using a matching tool between the item lost by the owner and found by the finder.

The use and registration of a declaration of loss or discovery of an item on LOFOX’ website implies the unreserved acceptance by the member (owner or Finder) of these terms of use.

These terms of use will prevail on all other General or particular conditions not expressly approved by LOFOX.

LOFOX reserves the right to change its terms of use at any time. In this case, the applicable conditions will be those in force on LOFOX’ website on the date of the registration of a declaration of loss or discovery of an item by the member.

Before you confirm and validate the registration of a declaration of loss or discovery of an item, the member declares having read and taken note of these general conditions of use that he expressly accepts.

2. DESCRIPTION OF LOFOX’ SERVICE

The principle of the LOFOX platform is to allow an owner of a lost item to announce and declare it online by giving a detailed, accurate and as complete as possible description and indicating the place or the possible locations and the likely time of loss while leaving his personal details to allow its restitution.

Meanwhile, the occasional finder of a lost item will be able to announce and declare online having found an item, giving a detailed, accurate and as complete as possible description of the item found and specifying precisely the place and time of the discovery while leaving his personal contact details to allow the restitution directly to the owner, if applicable or online on LOFOX’ site the place of deposit of the item at an official service or with a person authorized in accordance with the applicable law.

The LOFOX platform is intended for persons who became members and who agree to voluntarily pass personal information about loss of an item to all other individuals also legally authorized or an official service of items found who likely found the lost item or have it on deposit.

The LOFOX platform is accessible via the internet on any mobile device, smartphone, Tablet and on portable or fixed personal computers.

When a conclusive matching between a declared lost and a found item occurs, both registered on the LOFOX platform, an email notification will be sent to the declaring owner and declaring finder informing them of a likely correspondence between the items. Both parties can contact each other to identify if it is the lost correct item then if necessary proceed with its restitution by agreeing together on the most suitable mean restitution or for the owner to go directly to the official place of deposit of the item.

If the found item deposited by its finder with an official service of items found, a Police station or any other person legally empowered to collect found items and mentioned in the LOFOX platform, the finder receive only a single notification of information not requiring him to contact the supposed owner.

The owner of an item declared lost in the LOFOX platform that has been subject to a notification of a probable matching and that has been deposited with an official service of items found, a Police station or any other person legally entitled to collect found items, he may freely contact the service or the person concerned to identify the item and then to proceed to its restitution according to the laws and rules in force in the country concerned.

According to the laws and official regulations, found items services may charge to the owner the administrative and safekeeping fees and collect or charge the amount of the reward provided by the law.

During the recording of his loss of an item in LOFOX, the owner can offer an additional reward and mentioned in his declaration. It is up to the parties concerned to proceed with the transaction of the reward. LOFOX declines all responsibilities in the fulfilling or not of this private transaction which does not implies LOFOX.

LOFOX reserves the right to make on its internet site all necessary or useful changes and improvements. LOFOX is not liable for any damage of any kind that may arise accordingly.

3. RESPONSIBILITY AND OBLIGATIONS OF THE MEMBER

The member must normally be of age according to its national law. He must have full legal capacity and is personally responsible for the information and data that he has recorded as a member and in relation to his personal declaration of loss or discovery of an item in the LOFOX platform.

The member (owner or finder) undertakes to quickly update online the information of his declaration especially including :

• If meanwhile the declared lost item has already been found by its owner or handed back following a conclusive notification from LOFOX;
• If meanwhile the declared item found has already been handed back by the finder to its owner or handed back following a conclusive notification from LOFOX;
• If the finder has deposited the item at an official service of found items, at a Police station or with any other person legally empowered to collect found items

The member is solely responsible for the accuracy of the information transmitted to the LOFOX platform.

LOFOX draws the attention of the member on the confidential nature of certain information which could be made available to the finder or to the official service of items found following the notification of a conclusive matching between a lost and found item declared in LOFOX. Initially only email contact registered by the member will be accessible and should be used for a first contact between the potential owner and the finder.

In order to remain anonymous if desired, we recommend and remind to the finder that he has an obligation under the laws in force in most countries, to publicly announce his discovery and quickly deposit the item found with an official service of found items, at a Police station or with any other person legally entitled to collect items found, especially if the item is of value, including money or other means of payment, official or identity documents in order to avoid any later suspicions when returning the item.

In no case the member or his beneficial owners may seek the responsibility of LOFOX if the information inserted by the member was intentionally false or erroneous.

The owner reporting a lost item engages his personal responsibility in the identification and accurate recognition of the found item notified when a probable matching is detected. Indeed, one cannot claim an item that does not belong to him without incurring legal proceedings. Similarly, the finder shall ensure in the best possible manner that is the real owner of the item, reason for why we recommend to expressly deposit as soon as possible valuable items including luxury goods, means of payments (credits, payments and other cards), official and identity documents with official services for found items or at a police station.

4. COST OF SERVICE

The discovery declaration of an item found is free of charge and can only be registered by a member only after the unreserved acceptance of the present general conditions.

The declaration of loss of an item by his owner can be registered by a member only after unreserved acceptance of the present general conditions and the payment of a research subscription.

The price of this subscription is charged for each declaration in the local currency of the country of the member’s mobile operator and is all taxes included. The price covers a regular and continuous of 12 (twelve) month search in the LOFOX platform.

The LOFOX service is priced before the registration of the declaration. For each statement, the member can register up to 5 (five) different lost or found items at the same time. In his statement, the owner of the item may indicate a maximum of 3 (three) probable locations of loss.

The payment is made in a secured manner with our partner Fortumo through your mobile phone. It will be debited on your next mobile phone bill. Depending on your mobile operator, you will be asked to enter your mobile phone number and/or send an SMS.

For the moment the LOFOX service is not available in all countries but will be accessible from many other countries later.

The LOFOX service is available with the mobile operators in the following countries:
Switzerland, France, United Kingdom, Holland, Belgium, Luxembourg, Denmark, Germany, Austria, Italy.

The amount will be charged in local currency and will vary depending on your mobile operator and on tariff applied by our payment partner Fortumo.

LOFOX’ tariff based on the mobile operators in the following countries:

Country of your mobile  operator	LOFOX price
Switzerland	3 CHF
France	3 €
Germany	2.99 €
Italy	2.44 €
UK	3 £
Austria	3 €
Belgium	3 €
Netherlands	3 €
Luxemburg	3 €
Danemark	20 DDK

 

5. WARRANTY

LOFOX provides the registration service of lost or found items and the continual research through the matching tool without being able to provide the absolute warranty of a successful matching between lost and found items reported in the LOFOX platform.

Indeed, a probable matching depends on the fact that the item declared lost was declared found in LOFOX and that the declarations and descriptions of the respective items have been complete and precise to allow a matching.

6. LIABILITY OF LOFOX

LOFOX is held only by an obligation of means. LOFOX’ liability will not be engaged for an injury resulting from the use of the Internet such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.

LOFOX’ responsibility cannot be questioned in case of misuse of the member’s personal data, of error, of incomplete or incorrect description of the item, of information of probable locations of the loss or the place of discovery as well as of the time of loss and discovery of the item.

LOFOX’ responsibility cannot be questioned in case of dysfunction of Internet and its accessibility.

The LOFOX site is normally available 24 hours a day, 7 days a week and throughout the year. However LOFOX reserves the right, without notice or compensation, to temporarily close the access for maintenance reasons or permanently in case of force majeure or unsolved problems and unexpected circumstances. LOFOX is not liable for damages of any kind that may consequently arise.

The member acknowledges that he is aware of the constraints, shortfalls and limitations of internet and the internet network mobile. Under these circumstances, it is up to the member, as any internet surfer or owner of a smartphone, to protect its technical equipment including against any form of contamination by viruses or intrusion attempts, or access and use by third parties, including family members or relatives. LOFOX can, in no case, be held liable for linked resulting problems.

LOFOX cannot be held responsible for the fraudulent use of the member’s data by a third party. The member is personally responsible for the data that it has recorded in the LOFOX platform and the fraudulent use that some people might make of these data.

Only the member is able to modify his personal information by connecting to his member account or the administrator of the LOFOX site upon request or agreement of the member.

7. INTELLECTUAL PROPERTY

All elements of the LOFOX website are and remain the intellectual and exclusive property of LOFOX. Nobody is authorized to reproduce, exploit, copy or use in any way whatsoever or in any form whatsoever, even partially, the elements of the site whether they are software, Visuals or sounds without an explicit and written agreement from LOFOX. Any use of a simple or hypertext link is strictly forbidden without LOFOX’ prior written consent.

8. PERSONAL DATA

Under the law on data processing, the customer identifying information will not be subject to an automated processing.

The customer has a permanent access and rectification right to modify and delete his personal data by accessing his LOFOX member account. This right may be exercised by contacting LOFOX through its contact page (www.lofox.ch/en/contact). The member has a period of six months following his request before LOFOX definitely erases of the data. This deletion immediately inactivates the research on lost or found items declarations in LOFOX.

LOFOX reserves the right to terminate with anticipation the account linked to a member if the latter made an illegal or abusive use of LOFOX’ platform or if the accessible information are unfit for the use of the LOFOX platform or considered unethical by LOFOX.

9. PERSONAL INFORMATION

LOFOX may have to inform the customer by email of the availability of updates of its platform or new LOFOX services as well as all communications relating to lost or found item declarations and notifications of probable lost and found matching.

LOFOX reserves the right to hold sweepstakes to reward members including finders thanking them for their civic actions by offering vouchers. It is also planned to randomly reward owner - finder teams whose relationship has provided the restitution of the item declared lost in LOFOX. Only reporting members on LOFOX, finders and owners, can participate in this raffle without obligation to purchase.

10. DATA PROTECTION

LOFOX guarantees the protection of the data except in the framework of the connection accepted by the member when a notification of a probable matching between an item lost and found occurs and the restitution of the item agreed by between the parties.

Any LOFOX member is aware that his information on the LOFOX platform can be accessed by another member only when a probable matching between an item lost and found is detected and under the restitution of the item has been agreed.

It is important that any LOFOX member reads and accepts LOFOX’ general terms and conditions before registering a declaration on the LOFOX platform.

LOFOX reserves the right to use members’ data for marketing or statistical purposes.

No LOFOX member will be able to turn against LOFOX because he is aware of the General conditions relating to the registration of lost and found items declarations and has accepted them.

In Switzerland, the data protection is covered by the Federal Act on the protection of data (LPD, SR 235.1) and corresponding ordinance (OLPD, RS 235 1.1).

LOFOX follows and complies with the recommendations and scope of the Federal Act on the protection of data of June 19, 1992.

LOFOX complies generally with the data protection of most countries.

11. SETTLEMENT OF THE DISPUTES

Trade relations between LOFOX and the Member are subject to Swiss law.

The contractual language is French

In case of dispute, exclusive jurisdiction is attributed to the courts of the Canton of Vaud.

The competent court is in Lausanne