GENERAL TERMS OF USE 2022 – HOW TO CANCEL:
https://howtocancel.us/

https://howtocancel.us/ IS THE INTERNET DOMAIN NAME BELONGING TO ZEMOBILE LLC (henceforth referred to as “ZEMOBILE”) with a registered office in 2810 N Church St, 19802, Wilmington, Delaware, , with tax identification number 30-1306023

The following General Terms of Use become effective from November 15, 2022 and will refer to the purchased services the moment such Conditions are available, remaining in force even after and until they are modified or updated after being accordingly notified.

The current General Terms of Use refer to the following services:

Provide the User of the Service of intermediation to request the cancellation of those Subscription Contracts that the User or Beneficiary may have with different Supplying Companies.

The User who acquires our services through our Webpage shall be of legal age (over 18 years old) and have the legal capacity to receive the services offered through https://howtocancel.us/ stating that understands the General Terms of Use completely.

According to what it is stipulated in the applicable regulation, the following statements are brought to light:

  1. All documentation related to the formality of the agreements will be kept filed for 5 years effective from the moment of its perfection.
  2. The User will be able to access all those files in which he/she is included as part by formulating a request to the following email address: [email protected]

The acceptance of the current General Terms of Use (GTU) on the part of the User will be an essential requirement for any future contractual relation between the User and HOWTOCANCEL.

HOWTOCANCEL reserves the right to make any pertinent changes without previous notice not only in the Web page but also in the current General Terms of Use. Any changes affecting the essential elements of the contractual conditions will not be applied to those contracts that have already been stipulated unless the User explicitly accepts the changes made.

 

DEFINITIONS

Howtocancel: It is a web page https://howtocancel.us/ through which intermediation Services are offered to request the cancellation of those Subscription Contracts the User or Beneficiary may have with different Supplying Companies.

User: Citizen of legal age and capacity to hire, in his/her name or representing a third party, duly authorized, that will be the person purchasing the Service through our web page.

Beneficiary: It refers to the person holder of the Subscription and/or Service Contract with the Supplying Companies.

Supplying Company: It refers to those public and/or private companies legally authorized to offer the services purchased by the Beneficiary. They are independent companies that have no direct relationship with HOWTOCANCEL.

GTU: General Terms of Use composed by the current contract and the specific applicable conditions, without any restriction or limitation with the Services offered by HOWTOCANCEL.

Service: It refers to the intermediation service between the User, Beneficiary and the Supplying Company, offered by HOWTOCANCEL, to carry out the request of cancellation of a Subscription and/or Service contract, accepting that once the application is sent to the Supplying Company, the service is considered to be completely executed. HOWTOCANCEL does not guarantee the User the outcome of the procedure regarding the cancellation of the Subscription and/or Service Contract since it depends on the Supplying Company exclusively. The Service will be available for the Users on the Web page.

Web page: web-based application https://howtocancel.us/.

Subscription and/or Service Contract: It refers to the service contract between the Beneficiary and the Supplying Company.

Subscription and/or Service: It refers to the service supplied by the Supplying Company to the Beneficiary.

Cancellation: It refers to the cancellation of the Subscription and/or Service Contract between the Supplying Companies and the Beneficiar.

Party: It refers to HOWTOCANCEL and the User.

NOTE: THESE ARE THE GENERAL TERMS OF USE, THE USER AGREES TO READ AND ACCEPT THE SPECIFIC CONDITIONS INCLUDED IN THE PURCHASE PROCESS.

 

FIRST: ORDER REQUEST AND CONTRACT AND FORMALISATION OF THE CONTRACT

The user is able to purchase the services through the Web page.

Specifically, the process of the service request through our Web page comprises the following steps:

PROCUREMENT OF SERVICES THROUGH THE WEB PAGE:

a. The User accesses the service through the Web page.

b. The User completes a form with the necessary data to carry out the Subscription and/or Service Contract cancellation and provide all the relevant documentation to execute the process. The documentation and/or data requested to the User will depend only and exclusively on the Supplying Company that the Beneficiary has the Subscription and/or Service Contract with.

c. Once you accept and follow the procurement process of the service, the User will add his/her payment details.

d. By accepting and following the procurement process of the Service, this will be registered, understanding that the GTU has been expressly accepted by the User.

e. The User will be notified of the confirmation of the reception of the Service and the purchase process will be finished. The User will receive a confirmation number that will enable him/her to carry out all the corresponding procedures with HOWTOCANCEL in relation to the hired Service.

f. Following the final validation of the Service on the part of HOWTOCANCEL, the User will receive an email confirmation of his/her order and summarising all the elements relating to it, including the confirmation number. Only by printing and/or keeping the aforementioned email, the User will have a means of proof of the contracting of the Service.

g. The Cancellation request will be sent to the Supplying Company within approximately 48 hours from the confirmation of the order. The User will be notified of the submission of the Cancellation request along with all the necessary data to be able to track the procedure with the Supplying Company.

In the event HOWTOCANCEL is not able to carry out the procedure due to lack of information or being provided with wrong data by the User, HOWTOCANCEL will notify the User asking for the necessary information needed to complete the process. If the User does not provide the necessary information in a 14-day deadline, HOWTOCANCEL will be able to terminate the contract.

The conditions relating to the documentation that HOWTOCANCEL will request from the User, will be subject to the conditions imposed by the Supplying Company given that HOWTOCANCEL acts as an intermediary to carry out the Cancellation request of the Subscription and/or Service Contracts that the Beneficiary have with the Supplying Company and will only requests the essential information to be able to provide the Service.

The User undertakes that the data provided to us, either directly through our Web page or by e-mail, are true, accurate and complete. The User is also responsible for ensuring that the credit or debit cards he/she is using are in his/her ownership and that there are sufficient funds to cover the cost of the Service purchased.

HOWTOCANCEL does not have the technical and/or legal means to verify 100% the accuracy of the purported identity of Users and cannot be held responsible for the accuracy or inaccuracy of such information.

However, in the event that there are doubts as to the accuracy of the information provided by the User or in the event that third parties or other users communicate information that leads one to believe that there is identity theft or falsehood in the information provided by a User, HOWTOCANCEL may:

  • Suspend the User’s access to the Service in order to carry out the appropriate verifications.
  • Ask the User in question for additional information that will help HOWTOCANCEL to verify his/her identity.

If it is established that there has been a misrepresentation of identity or that false information has been provided that could damage HOWTOCANCEL or third parties, the User shall be deemed to have breached the GTU and his/her contract may be terminated by operation of law.

HOWTOCANCEL reserves the right to cancel the contracted Service in case of chargeback, false data or if the card data provided by the User cannot be verified.

 

SECOND: CONDITIONS OF USE AND LIABILITY

HOWTOCANCEL is an independent intermediary between the User, the Beneficiary and the Supplier Company. HOWTOCANCEL shall not be liable in the event of a dispute between the User, the Beneficiary and the Supplier Company as a result of the purchase of the Service.

HOWTOCANCEL will ensure that the Cancellation request is sent to the Supplying Company in accordance with the law but it is not responsible for the receipt of the Cancellation request and the further processing of it, as this process is entirely the responsibility of the Supplying Company.

HOWTOCANCEL strives to provide accurate, precise and up to date information on the Cancellation process of each of the Supplying Companies. If, despite these efforts, the information on the Web page is erroneous, incomplete or obsolete, HOWTOCANCEL undertakes to correct it as soon as possible. However, HOWTOCANCEL cannot be held responsible for any inaccurate information present on the websites of the Supplying Companies.

HOWTOCANCEL is not responsible for the Cancellation request being correct in terms of content, formally valid and/or the notification period is respected.

HOWTOCANCEL will process the accepted applications of its Web page within approximately 48 working hours, which is the average time it takes our expertised team to complete the process. However, due to unforeseen circumstances beyond our control (failure of the Web page of our suppliers) the deadlines for fulfilment may be modified. In any case, the User will be notified at the moment in which the Cancellation request is sent to the Supplying Company, being understood that the Service has been completely executed.

In no event shall HOWTOCANCEL be liable for any delay in the management of the Service due to failures that may occur on the Web page or computer systems of the Supplying Companies.

The User must undertake to follow up the process of Cancellation, in order to respond to any possible requests that the Supplying Company may require during the process, whether it be the submission of extra data, signing and sending of the new contract, etc. It is the sole responsibility of the User to respond to such requests and HOWTOCANCEL is not responsible for the consequences of the User’s failure to respond.

HOWTOCANCEL needs to transfer data in order to operate. At the time of registration, the User must ensure that he/she carefully reads and accepts the Privacy Policy in order to be able to fulfil his/her request and contract.

User Requirements

In order to be able to be a Web page User, it is necessary:

    • To be at least of the age that is eligible to enter into a contract under the specific legislation applicable to them. The minimum age is 18 years old.
    • To have read and accepted the GTU and the Privacy Policy.
    • To complete the required fields of the subscription form.
    • That your contract has not been terminated for misuse (account deleted) more than twice.

The User guarantees the authenticity and veracity of the information provided and undertakes to keep it up to date.

Subscription Form/Obligatory Information:

The registration process for the Services, and in particular the completion of the subscription form, is mandatory for the registration on the Web page and for the conclusion of the contract with HOWTOCANCEL.

The following information must be provided obligatory by the User:

A) Full Name
B) Card Type and Identification Number
C) Address
D) Telephone Number
E) Email address
F) Contract/Subscription/Membership Number

The User can make any changes to his/her data at any time before submitting the application by using the correction options. Any errors in the data entered by the User are not the responsibility of HOWTOCANCEL.

The address provided must be the address where the Subscription and/or Service is contracted or, if the Subscription and/or Service Contract does not provide a specific address, the home address of the Beneficiary.

 

THIRD: PRICE & PAYMENT TERMS

HOWTOCANCEL does not charge any fees for the actual processing of the cancellation of a Subscription and/or Service Contract to the Supplying Companies. This process corresponds to and is the sole responsibility of the Supplying Companies.

HOWTOCANCEL is an intermediary between the User, the Beneficiary and the Supplying Company, with no commercial link to any of the Supplying Companies and its service consists of sending a letter of request to cancel the Subscription and/or Service Contract.

The User can hire the Service by a flat rate of  $29,95 USD, taxes not included. Payments are subject to the applicable VAT of the place of the address where the Subscription and/ or Service is contracted or, if the Subscription and/or Service Contract does not provide a specific address, the home address of the Beneficiary.

The moment the User hires the Service, he/she accepts the current GTU which includes clear information for the User regarding the rights and obligations linked to the Service.

The payment of the order can only be made by bank card (Visa, Mastercard, American Express) indicating the card number and its validity date, as well as the control code located on the back of the cardin the section provided for this purpose. The full amount of the order will be deducted from the bank card on the day of the order. HOWTOCANCEL reserves the right to suspend the processing of the order in case of refusal of the payment authorisation by the bank. HOWTOCANCEL guarantees the confidentiality and security of the customer’s bank details transmitted via the website when placing the order [secure entry by SSL encryption (Secure Socket Layer technology)].

HOWTOCANCEL reserves the right to change the Service fees at any time. Changes to such fees will not affect the Services contracted prior to the date of the fee change.

 

FOURTH: WITHDRAWAL RIGHT

If the cancellation request has already been sent to the Supplying Company and the User has received confirmation of the sending of the request from HOWTOCANCEL, the User cannot cancel the Service, under the Federal Trade Commission Act and other complementary legislation, which provides that the right of withdrawal shall not apply to the provision of services, once the service has been fully performed.

In the event that the User wishes to exercise his/her right of withdrawal, he/she must send an email to the following address [email protected] indicating that the subscription must be cancelled, provided that the User has not received notification from HOWTOCANCEL that the Cancellation request has been sent to the Supplying Company.

Obligations of HOWTOCANCEL in case of withdrawal

HOWTOCANCEL will reimburse all payments made by the User as soon as the User has notified HOWTOCANCEL of his intention to exercise his/her right of withdrawal, provided that the User has not received notification that the Cancellation request has been sent to the Supplier Company.

HOWTOCANCEL will use the same means of payment used by the User for the reimbursement. The reimbursement is free of charge for the User.

In accordance with the applicable law, HOWTOCANCEL provides the link to the platform of the Consumer Protection Agency (FTC) which is of free access to resolve online disputes between the User and HOWTOCANCEL without the resources of the courts, through the intervention of a third party. These platforms act as intermediaries between the two, without the resolution being binding on the Parties. These bodies are neutral and will dialogue with both Parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Below, there is a link to an online dispute website:
https://www.ftc.gov

 

FIFTH: PROOF OF ORDERS/ARCHIVE

Unless there is a manifest error, the burden of proof corresponds to the User, the data stored in HOWTOCANCEL’s databases are considered as proof in respect of orders placed.

Data on computer or electronic media that are regularly stored constitute admissible and opposable evidence on the same terms and with the same probative force as any document received and stored in writing.

HOWTOCANCEL will deliver the proof of purchase of the electronic service provided at the beginning of the submission.

 

SIXTH: CUSTOMER SUPPORT

Any request for information, in particular concerning the purchase, refund, exchange or operation of the services, should be addressed to HOWTOCANCEL by email to [email protected] or via Web page https://howtocancel.us/ “Contact Us” section and you will receive a reply within the next 48 hours approximately.

 

SEVENTH: VALIDITY OF THE CONTRACT

In the event that one or more of these provisions should be declared null and void or deemed non-binding, the validity of the other provisions of the General Terms of Use shall not be affected.

 

EIGHT: OBLIGATIONS AND RESPONSIBILITIES OF USERS

User Obligations

Once the Services are hired, the Users are committed to:

    • Make truthful and accurate statements.
    • Comply with the regulations in force and do not infringe public order.
    • Respect intellectual or industrial property rights.
    • Not to commit defamatory or libellous offences, not to make statements that imply racial or any other kind of discrimination, or apology for war crimes or crimes against humanity.
    • To act in accordance with morals and good customs and in particular not to disseminate pornographic or exhibitionist content.
    • Not to transmit to third parties or other Users the passwords and other confidential codes that allow access to the Services of the User’s account on the Web page.
    • Not to use any software, application, interface or the assistance of third parties to interfere with communication with other Users of the Web page(the credibility of the Web page is based on the truthfulness of communications).
    • Not to transmit or disseminate the content of communications and messages sent to you through the Services made available to you.
    • Do not damage the Services or the Web page.

 

Responsibilities of the User

Users are solely responsible for the use of the data they consult, request or communicate on the Web page.

Users undertake to indemnify HOWTOCANCEL against any penalty, fine, compensation, indemnity, damage or prejudice arising from any claim of any type or nature whatsoever that may arise, directly or indirectly, from the breach of legal and/or contractual obligations derived from the GTU attributable to the User.

HOWTOCANCEL does not control the external sites and sources (websites, forums, social networks, devices or apps, etc) to which the hypertext links placed online on the Web page lead and cannot be held responsible for their content. In this respect, Users are invited to interrupt their consultation and inform HOWTOCANCEL if they discover that a hypertext link directs them to an external site or source whose title or content infringes the law.

The fact that HOWTOCANCEL does not declare the breach by the Users of the GTU cannot be interpreted as a waiver by HOWTOCANCEL to declare such non-compliance in the future.

In short, the User is solely responsible for the inaccuracy or falsity of the data provided and for any damage that may be caused to other Users, Supplying Companies or third parties as a result of the use of the Services offered.

 

NINTH: OBLIGATIONS AND RESPONSIBILITIES OF HOWTOCANCEL

Obligations of HOWTOCANCEL

HOWTOCANCEL undertakes to provide Users with an online service in accordance with the law and to perform the intermediation services with the utmost professionalism and diligence, in addition to the other commitments contained in these conditions.

Responsibility of HOWTOCANCEL

HOWTOCANCEL is not liable for cases of fraud, identity theft or other criminal offences, as well as attacks on the image or privacy of third parties committed by the Supplying Companies or Users through the Web page and the Services.

HOWTOCANCEL is not responsible for the information provided by the Supplying Companies or, in general, by the Users, nor for its veracity, authenticity or accuracy, whether provided directly or through other means of subscription.

Neither is responsible for the data shared by the User through this or other social networks outside HOWTOCANCEL.

In general, it is the User who guarantees that all the information provided is accurate and up to date and that it corresponds truthfully to the User’s current situation. It is the User’s responsibility and obligation to keep his/her data up to date at all times, and the User shall be solely liable for any inaccuracy or falsity of the data provided on the Web page and for any damage that may be caused thereby to the platform or to third parties in connection with the use of the services offered by HOWTOCANCEL.

HOWTOCANCEL may retain any content related to possible legal infringements, especially to communicate it to the competent authorities. Likewise, it will keep the data of those Users who unsubscribe, in compliance with current legislation on the protection of personal data or any other applicable regulations.

HOWTOCANCEL does not guarantee that the Services will function in the event of interruption of the User’s Internet access or in the event of non-functioning or poor access conditions caused by the jamming of the Internet network, or for any other reason of force majeure, not attributable to HOWTOCANCEL or its service providers.

HOWTOCANCEL shall not be liable for non-compliance caused by force majeure or unforeseen circumstances, whatever their nature.

 

TENTH: INTELLECTUAL PROPERTY

Web page Rights

The logos, graphics, photographs, animations, videos and texts appearing on the Web page as well as all those elements necessary for the operation of the Web page – architecture, design, code pages, CSS pages algorithms and any other element – may not be reproduced, used or represented, on any support and by any technical means without the express authorisation of HOWTOCANCEL, otherwise,the appropriate legal action will be taken.

The rights of use granted by HOWTOCANCEL to the Users are strictly limited to their private and personal use within the framework of the contract and for its entire duration. Any other use by Users is strictly prohibited without the authorisation of HOWTOCANCEL.

Users have strictly prohibited modifying, copying, reproducing, downloading, disseminating, transmitting, exploiting for commercial purposes and/or distributing in any way the Services, the pages of the Web page or the computer codes of the elements that make up the Services and the Web page.

The logos, graphics, photographs, animations and trademarks belonging to the Supplying Companies or third parties that appear on the Web page are reproduced in accordance with the applicable legislation, using them fairly, in good faith and purely for descriptive purposes, without any link being implied whatsoever,between HOWTOCANCEL and the owner of the intellectual property rights reproduced.

HOWTOCANCEL may subcontract the marketing and publicity services to an external company, provided that the company selected possess the necessary skills, qualifications and experience to provide the services professionally and on time. HOWTOCANCEL shall remain responsible for the subcontractor’s performance and ensure compliance with the GTU.

 

ELEVENTH: DATA PROTECTION

HOWTOCANCEL is aware of the sensitivity of the personal data that the User shares with us in order for us to perform the Service. We take the protection of the personal data of all Users very seriously and we take all necessary measures to ensure the protection and processing in accordance with the legislation.

You can see our Privacy Policy in the following link: Privacy Policy.

 

TWELFTH : COMMUNICATIONS & NOTIFICATIONS

Any communication sent will be incorporated into the information systems of HOWTOCANCEL.

By accepting these GTU and the Privacy Policy and, in particular, by submitting personal data to HOWTOCANCEL, the User expressly consents to HOWTOCANCEL carrying out the following activities and/or actions, unless the User indicates otherwise when contracting or subscribing to any HOWTOCANCEL product and/or services or as a result of a subsequent revocation of the consent initially granted:

  • In the event that the User has expressly consented to the sending of commercial communications by electronic means through subscription to the NEWSLETTER, the sending of such communications by electronic means informing Users of the activities, services, promotions, advertising, news, offers and other information on HOWTOCANCEL services and products equal or similar to those which were initially the subject of contracting or of interest to the User.
  • The conservation of the data for the periods provided for in the applicable provisions.

 

THIRTEENTH: PENALTIES & TERMINATION OF CONTRACT

HOWTOCANCEL may terminate the contract by operation of law in the event of the User’s breach of the GTU.

In case of serious infringement, i.e. dissemination of content contrary to public order or morality, HOWTOCANCEL may terminate the contract without notice.

In case of termination of the contract, the User may not claim any compensation or reimbursement, without prejudice to any damages that may be claimed by HOWTOCANCEL.

Changes and cancellations

By clicking on “Proceed to Payment”, the User is requesting HOWTOCANCEL to provide the contracted Services, and may cancel the Service as long as he/she has not received notification from HOWTOCANCEL that the Cancellation request has been sent to the Supplying Company.

In the event that the User terminates the contract before HOWTOCANCEL has notified the User of the delivery of the Cancellation request to the Supplying Company, the User will be reimbursed the amount paid for the Service.

If HOWTOCANCEL cancels the contract for reasons not attributable to the User, HOWTOCANCEL shall refund the full amount paid by the User.

In the event HOWTOCANCEL terminates the contract by operation of law for reasons attributable to the User, HOWTOCANCEL will not reimburse the User the amount paid for the Service.

 

FOURTEENTH: APPLICABLE LAW

The current General Terms of Use and the contract shall be governed by the Spanish Law.

In cases of civil contracts, that is to say, in cases where one of the contracting parties acts as a CONSUMER, the specific regulations for the Defence of Consumers and Users shall be applicable.

Consumers and users may resolve any disputes before the competent Courts according to their place of residence or at the place of the registered office of HOWTOCANCEL.

In the event that HOWTOCANCEL takes legal action against a consumer, the Courts of jurisdiction of the consumer’s domicile shall be competent.

In all cases of commercial contracts, the parties agree to submit to the exclusive jurisdiction of the Courts of BARCELONA.

 

FIFTEENTH: EXERCISE OF THE RIGHT OF WITHDRAWAL FORM

In accordance with the provisions of the Federal Trade Commission Act, consumers may exercise their right to withdraw before HOWTOCANCEL has provided the Services.

Name and Surnames of the Consumer:
ID Number:
Address:

ZEMOBILE S.L.
Avda. Josep Tarradellas 38, 08029 Barcelona,
NIF B66778283

By means of this document, I hereby exercise the right of withdrawal established in the Federal Trade Commission Act, in respect of all the contracts signed with ZEMOBILE S.L., on X DATE OF THE CONTRACT X. I exercise this right of withdrawal prior to the commencement of the provision of services by ZEMOBILE S.L. in accordance with the aforementioned regulation.
Place, date and signature
(Attach a photocopy of both sides of the ID card)
——————————-
Please, access the form to exercise your right of withdrawal online by following this link:
FORM