The terms defined below, whether they are entered in the singular or in the plural, will have in these Terms and Conditions of Sale, the following meanings:
Beneficiary: refers to the recipient of the Services.
Customer: any natural person or legal entity having acquired phone credit recharges offered for sale via the https://www.izikall.com/ platform. The Client may or may not be the Beneficiary of the service provided, depending on whether it will make personal use of it or that it will offer it to a Third Party Beneficiary.
Username: is an identifier that identifies the Customer.
Password: PIN used by the Customer to authenticate and access the Customer's user account.
User Account: The personal account of the Customer from which he makes phone credit orders, pays for purchases, consults information relating to the processing of his transactions.
Telephone credit: code of reloading of communication time activated by the Operator of the beneficiary.
Data: the information entered in the Customer's personal account, under his full responsibility and appearing on the servers administered by KRYPTSYS.
Partner: refers to the Partner of KRYPTSYS Operator or intermediary of mobile telephony who intervenes as part of the process of acquisition and sending telephone recharge calls addressed to the Beneficiary.
Service (s): all the services provided by the company KRYPTSYS to the Customers and in particular the sale of telephone credit recharge for mobile phones or via the telephone service of KRYPTSYS.
Site: the website located at the URL https://www.izikall.com/
User: natural or legal person, including the Clients but also any person who comes to consult the Site.
By registering on the site or by using the izikall service, the Customer accepts the present General Conditions of Sale which are opposable to him in connection with the use and delivery of the Services offered for sale by KRYPTSYS.
The Customer is therefore deemed to accept the application of the entirety of the rules stipulated herein, as well as those that would be present in any document available on the Site, https://www.izikall.com/, incorporated in these terms and conditions by reference and which govern its relationship with third parties, the Telephone Operators and KRYPTSYS and this, for the duration of the subscription to services marketed by KRYPTSYS.
These General Terms and Conditions of Sale are enforceable during the entire period of use of the Services and until new General Conditions of Sale supersede these.
The Customer acknowledges having consulted the legal notices appearing on the platform https://www.izikall.com prior to his registration on the Site.
KRYPTSYS reserves the right to modify the present General Terms and Conditions of Sale, depending on the technical evolution of the platform https://www.izikall.com or its Services offer, or because of the evolution of the legislation, to his sole discretion. As soon as essential points relating to the delivery of the services would be modified, it will be asked to the Customer, at the time of its connection on his account, to read and to approve the aforementioned general Conditions of Sale.
In general, the use of the Site and the provision of services to the Customer are always subject to the latest version of the Terms and Conditions posted on the Site and accessible to the Customer at the time of use. It is up to the Customer to consult as often as necessary the General Terms and Conditions of Sale accessible both on the public part of the site and in the area reserved for each Customer.
When using the Site and issuing the Services, the Customer may be subject to any special conditions posted on the Site and applicable to the delivery of the Products or Services, which may contain additional terms and conditions. or substituting for these Terms and Conditions of Sale.
Any violation of these Terms and Conditions authorizes KRYPTSYS to refuse to allow for the future of the Client who is the author of the violation to benefit from the Services delivered from the Site or any affiliated site under the responsibility of KRYPTSYS or to close any account of access to one of its sites, without prejudice to the compensation that may be claimed from the author of the said violation by KRYPTSYS.
2.4. Evidence Convention
The Client acknowledges that the recordings and backups made on the Site will have full probative value between the Client and KRYPTSYS. Thus, the timestamped electronic registers will prevail between the parties to any dispute.
The Customer therefore recognizes, in his contractual relations with KRYPTSYS, the validity and probative force of the emails. Similarly, the statements of orders, money paid, coupons, purchase orders and other loyalty cards by the Customer, as well as their reproductions on microfiches, optical or magnetic discs, kept by KRYPTSYS, are opposable to the Customer as as evidence.
2.5. Personal data
In accordance with the Law of January 6, 1978, the collection of personal data and computer processing of which they may possibly be the subject of the Site have been previously declared to the National Commission for Computing and Liberties under the number: 1761208 Anyone can access it by writing to the CNIL, 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to decweb @@ cnil.fr.
The operation of the Site requires the collection of personal data from Internet users (Visitors, Clients). The main purpose of this collection is to display the Website on the user's screen and to compile general attendance statistics. The collection of certain personal data may be made by the use of "cookie" files recorded by the server hosting the Site on the hard drive of the Visitor to facilitate its navigation on the Site or to establish general static data of attendance of the Site.
Although they do not allow a direct identification of the user they are assimilated by the CNIL to personal data. The information thus collected is not communicated or marketed to any third party except for the legal hypotheses organizing a mandatory communication to the judicial authorities. Thus, no data is kept by KRYPTSYS with the exception of those required for billing and payment.
A fortiori KRYPTSYS does not transfer any personal data collected on its Site to non-EU countries that do not offer a level of protection equivalent to that in force within the Union. In the unlikely event that such a transfer is necessary and contemplated, KRYPTSYS undertakes to sign a prior agreement with the data receiving entity, under which the latter undertakes to provide the data with consistent protection. to Directive 95/46 / EC of 24 October 1995, transposed into French law by the law of 15 July 2004 and to communicate this convention to the CNIL.
In accordance with Article 39 of Law No. 78-17 of January 6, 1978, relating to data processing, files and freedom, amended by Law No. 2004-801 of August 6, 2004 (art.5) any Visitor or Customer has the right to access, modify, rectify and delete data concerning them. These rights may be exercised, if necessary, with KRYPTSYS by mail to KRYPTSYS, 15 rue des tamaris 91160 Longjumeau; by phone at +33 9 53 62 80 10 or by e-mail at customer.care @ izikall.com.
3.1. Purpose - General Description of the Services
These General Terms and Conditions of Sale are intended to determine the terms and conditions under which:
KRYPTSYS makes available to its Customers, thanks in particular to the interface offered by the Site, an international telephone recharge service "IZIKALL" intended to enable them to transmit a telephone credit from a mobile phone operator mentioned the Special Conditions, for the reloading of mobile numbers issued by this operator, these instructions being transmitted via specific remote channels: internet, SMS, USSD, WAP;
KRYPTSYS makes available to its Customers, as part of the "KRYPTOOW" service, an international telephone call credit service, at favorable rates, available at https://www.kryptoow.com. The Customer can thus recharge his account in order to have a telephone credit which he can spend in communications at a reduced rate, by dialing a telephone number of connection made available by KRYPTSYS, then by dialing his correspondent's number.
The use of the Service implies for the Customer to have an Internet connection and suitable computer hardware whose costs are independent of the Service proposed by KRYPTSYS.
In the context of the use of the Service, KRYPTSYS may be required to send the Customer a certain amount of information (newsletter, e-mails, etc.). As this information forms an integral part of the subscription to the Service, it can not be refused unless the Customer is subsequently unsubscribed.
The Customer undertakes not to attempt to access the Service by any means other than the interfaces provided by KRYPTSYS for this purpose.
Since the Service is based on a set of hosted online applications, KRYPTSYS may occasionally send all Service Clients (whether or not they have been refused) important announcements concerning its operation.
3.2. Quality of KRYPTSYS for the delivery of the Services
As part of the "IZIKALL" Service, the company KRYPTSYS only delivers Matching Services, from its platform https://www.izikall.com/, between the Clients and its partner telephony operators of which it is the agent intermediary.
Therefore, as part of the subscription to the IZIKALL Service, the Customer, as principal, entrusts for the duration of his subscription to the services, to KRYPTSYS which accepts the quality of agent, the mission, via its Website, to conclude on behalf of and on behalf of the Client, the various operations related to the issuance of the IZIKALL Service and in particular to send a telephone credit to the mobile phone number of the Beneficiary that the Customer has entered for this purpose.
As part of the "KRYPTOOW" Service, the KRYPTSYS company, delivers as a telephone operator, telephony services to the destinations presented to customers on its site.
This Site is open to all countries of the world.
In the event that this Site, the services it offers or the way in which they are offered would, in whole or in part, be illegal under the Client's national law of residence, it is up to the latter to give up access to it. from that territory or from other territories where they are deemed to be legal. The Customer who chooses to access the https://www.izikall.com platform from a territory where it is deemed totally or partly illegal does so on its own initiative, at its own risk and it is his responsibility to assume the consequences of the application of the rules of public order of his country of residence, without attributing responsibility to KRYPTSYS.
4.1. Registration - Subscription Services
Customers are the sole subscribers of the Services hereunder.
Registration on the IZIKALL platform, in order to subscribe to one of the services delivered by KRYPTSYS, is made online on the website https://www.izikall.com at the end of the Customer identification process, the information in good faith personal information provided in the registration forms of the Customer Account.
The Customer undertakes to inform in good faith all the fields of mandatory entry included in the registration forms, namely:
Name, Surname (s), E-mail address, Password, Telephone number, Country of residence, Copy of both sides of a valid ID.
At each final confirmation of a telephone credit order, KRYPTSYS sends the Customer an e-mail confirming the order in question summarizing all the elements referring to it. This e-mail in electronic or printed version attests to the placing of the order and its payment.
KRYPTSYS reserves the right to refuse an application for registration on the platform emanating from a natural or legal person who does not agree to comply with the General Conditions of Sale or who does not complete or in good faith the registration forms or not providing all the documents that may be requested.
On the occasion of his registration, the Client certifies:
For natural persons, Be of age and Have your consent freely
For the representatives of legal persons, To be legally entitled to engage the legal person and Not to be the subject of a reorganization or liquidation procedure.
4.2. Customer account
Customers can access a personal account by activating the login settings (username and password chosen by them at the time of their registration to the services), which are activated after the validation by KRYPTSYS of their registration. on the site. The identification data allowing access to their account are communicated to customers by e-mail. It is the responsibility of the Clients to check the validity of the e-mail address provided in the registration form insofar as this e-mail is an identification element of the Customer Account. In the event of an incorrect e-mail address, the Customer can not access his account without the responsibility of KRYPTSYS.
It is the responsibility of each Customer to regularly modify the PIN code that he himself has chosen when registering for services and to ensure that his code consists of letters and numbers of sufficient length.
4.2.2. Responsibility for connection parameters
Each Customer has the obligation to maintain the confidentiality of its connection parameters (login and password).
He is responsible for all their uses, whether or not he has actually or expressly authorized them. Customer is prohibited from assigning, lending or transferring its connection settings to any third party or allowing any third party to connect to its account.
The CUSTOMER also undertakes to immediately notify KRYPTSYS in the event of misuse of his login details or his account or in the case of any other breach of his security and to ensure that he has left his account at the end of each session of use via the "Logout" link provided for this purpose.
4.2.3. User Account Content
KRYPTSYS has no ownership of the data or information that the Customer submits to the Service when it is used (the "Customer Data"). The Customer is solely responsible for the accuracy, quality, legality and reliability of all CLIENT Data. KRYPTSYS can only be held responsible for the deletion, correction, destruction, damage, loss or lack of storage of any Customer Data that would not result from its direct fault and that would not be the consequence of the application of a court order or the breach of the present by the Client. In the event of termination of this Agreement, KRYPTSYS undertakes to erase the Customer's data within 15 days of the termination.
4.3. License of Use of the elements of the Site
KRYPTSYS grants to the Customer, who accepts it, a non-exclusive, non-transferable and non-transferable license to use the Services granted by KRYPTSYS within the strict limits of the subject of these General Terms and Conditions of Sale, namely the delivery of the Services.
As such, Customers expressly forbid:
To sell, assign, publish, present, disclose or make available to third parties any of the services made available to them by KRYPTSYS in the context of these presents;
Practice or attempt to practice reverse engineering, decompile or disassemble elements of the Site;
To delete Kryptsys' identification and ownership notices;
Publish, without the prior written consent of KRYPTSYS, any test or analysis of performance or evaluation relating to KRYPTSYS or its Site;
Access the source codes of the software components of the KRYPTSYS Site;
Use or copy the IZIKALL solution in any other way not expressly permitted herein.
4.4. Operation of the Services
4.4.1. The KRYPTOOW Service
The "KRYPTOOW" service allows Customers to call at a low cost from a landline or mobile phone registered by the Customer in their space. The billing of communications sent through the "KRYPTOOW" Service is done by the minute, without any connection fee.
The Customer using the KRYPTOOW Service may be charged the price of a local call to access one of the numbers made available by KRYPTOOW, depending on the conditions practiced by his collection operator, then he will be charged the preferential rate. communications to the destination of the correspondent of his choice, as negotiated by KRYPTSYS and posted on the Site.
In addition, the Customer can, at any time, consult the count of past calls by calling the collection number and then dialing the indicated key combinations, and thus follow the communication of his credit.
The Customer may use the KRYPTOOW Service either:
By dialing, from one of the telephone numbers stored on his personal account, the access number KRYPTOOW made available to him, then dialing the number of the correspondent by following the voice instructions. It is imperative, for the purposes of using the Service, that the Customer does not hide his calls. Recognition of the caller's number is essential for the proper delivery of the service;
By using the Easydialer application configured for this purpose on an internet connection, not provided by KRYPTSYS, as described on http://kryptoow.com/softphone/.
4.4.2. The IZIKALL Service
The "IZIKALL" Service is used to send telephone credit to a Beneficiary located in one of the countries served by KRYPTSYS and having a mobile phone.
The Customer using the "IZIKALL" Service must follow the indicated and detailed process with the particular conditions of the Service available at the following address: https://www.izikall.com
Thus, the Customer must first indicate the country of residence of the recipient of the credit, enter the recipient's mobile number without the international dialing code.
Then, the Customer is invited to choose the value of the credit recharge and then proceeds to the payment, using the means of payment at his disposal.
The Beneficiary will receive, upon confirmation of the refill order, a message indicating that his mobile has just been credited with the amount chosen by the Customer.
4.5. Tariff conditions
The tariffs in force, for the various Services offered, as the case may be, either by KRYPTSYS as operator or by KRYPTSYS, are indicated in euros. They are available online consultation on the Site, it being understood that the applicable rates are those in force on the day of placing the order.
KRYPTSYS reserves the right to pass on, without delay, any new price increase of a KRYPTSYS Partner operator whether it is an intermediary and / or the operator of one of the recipient countries, as well as any tax or rate increase. existing taxes.
The services provided by KRYPTSYS are payable directly at the end of the telephone credit order process, whether as part of the subscription to the "IZIKALL" or "KRYPTOOW" service.
Any disagreement concerning the invoicing and / or the delivery of the services will have to be expressed, either by telephone by contacting the customer service at 33 9 53 62 80 10, or by e-mail at the address email@example.com within a delay one month after confirmation of payment of the invoice in question.
220.127.116.11. Payments by Recharge or Acquisition of Telephone Credit
The payment of the recharge or telephone credit order may, according to the Customer's choice, be made by credit card in the following ways:
by credit card with a secure input mode by SSL encryption (Carte Bleue, Visa Card, Eurocard / Mastercard ...), indicating directly in the area provided for this purpose, the card number, its validity date, and that security cryptogram located on the back of the card. The total amount of the order will be debited on the day of the order. KRYPTSYS reserves the right to suspend any processing of the order in case of refusal of payment authorization by the Client's bank.
by PayPal: In this case, it is sufficient for the Customer to log in to their Paypal account, via the link indicated for this purpose in the payment process of the order, or to create a Paypal account by following the steps indicated on the Website. .
18.104.22.168. Payments by direct debit,
The Customer who wishes to subscribe to the automatic debit option is invited to determine the amount of his monthly recharge that will be debited to his bank account and to print, date, sign, then to communicate to his bank the authorization of debiting him will be transmitted by KRYPTSYS on the occasion of the subscription to the automatic debiting service.
4.6. Right to retract
The Customer acknowledges and accepts that no right of withdrawal under the terms of Article L.121-20 of the Consumer Code may be exercised in connection with the subscription to services provided by / and / or by the intermediate of KRYPTSYS.
Indeed, the Customer acknowledges that, in accordance with Article L121-20-2 of the Consumer Code, the service contract begins upon validation of any order and / or subscription. As such the right of withdrawal provided for in Article L.121-20 of the same code is inapplicable to the consumption of the services offered by the Site https://www.izikall.com, to the extent that the execution of the provision of the services delivered on this one begins as soon as the Customer is registered on the said platform, upon the ordering of any service and this, necessarily before the end of the withdrawal period of seven clear days provided for in article L.121- 20 of the Consumer Code.
Indeed, Article L121-20-2 of the Consumer Code stipulates "The right of withdrawal may not be exercised, unless the parties have agreed otherwise, for contracts: 1º Provision of services whose performance has started, with the consent of the consumer, before the end of the seven-day period ".
All Users are strictly bound by the rules set out below, the violation of which will result in the automatic termination of their subscription to the Services. KRYPTSYS also reserves the right to prosecute any User who is the author of an offense that the company considers particularly serious.
5.1. Respect for Copyright - Copyright ©
This Site respects the copyright, as well as neighboring rights such as the rights of producers of databases, as well as the copyright on the software component of the Site hereinafter "copyright". All copyrights of protected works reproduced and communicated on this Site are reserved for the whole world. Unless authorized, any use of works other than individual and private reproduction and consultation is prohibited.
5.1.1. Reproduction on paper
The reproduction of the pages of this Site on a paper medium is authorized for a strictly private and non-commercial use.
5.1.2. Reproduction on electronic media
Reproduction of all or part of this Site on an electronic medium is prohibited.
Creating links to https://www.izikall.com
The KRYPTSYS Website authorizes the setting up of a hypertext link pointing to its content, provided that the pages of the Site are displayed by the opening of a window and that the author of the hypertext link mentions the source which directly on the intended content.
The information used should only be used for personal, associative or professional purposes; any use for commercial or advertising purposes is excluded without the express agreement of KRYPTSYS. Excluded from this authorization are Websites disseminating information of a controversial or pornographic nature, inciting racial hatred or any form of discrimination or which may, to a greater extent, affect the sensitivity of the greatest number.
Links inserted on https://www.izikall.com pointing to other sites
This Site may contain links to third party websites that are not controlled by KRYPTSYS. KRYPTSYS is not responsible for the content of other websites that the User may access from the Site. When the User accesses another website than KRYPTSYS, it does so at its own risk and KRYPTSYS shall not be liable for the accuracy or reliability of any information, data, opinions, advice or statements made about it. site, or the quality of the products or services offered there. KRYPTSYS only provides these links for convenience, and the existence of such links does not imply in any way that KRYPTSYS bears or accepts any responsibility for the content or uses of such websites.
5.2. Rights restrictions
KRYPTSYS is the owner or licensee of the intellectual property rights of both the general structure of the Site and its content.
In this respect, KRYPTSYS notably holds the brands "IZIKALL" and "KRYPTOOW",
The User acknowledges and agrees that access to the Website and to the Services made available by KRYPTSYS shall not imply any assignment or grant of intellectual property rights (rights on trademarks or copyrights in particular) and other rights for the benefit of the User.
Access to the Services is exclusively limited to the use of the User under the conditions and limits defined in these General Conditions.
Thus, in addition to what is stipulated in paragraph 4.1., The User acknowledges and accepts that the use granted to him by KRYPTSYS, in respect of access to his Services and their content, notably excludes access to the Services. in order to reproduce, resell, exchange, rent, modify, adapt, correct, and for ex gratia, all or part of the Website, the Services, and their contents protected by trademark law, or by any other intellectual property right.
The Customer undertakes to have the power, authority and capacity necessary to conclude and perform the obligations provided herein.
The Customer undertakes to respect these General Terms and Conditions of Sale
The Customer also acknowledges being responsible for all activities or practices that he carries out from his account or through the services provided by KRYPTSYS and he undertakes to comply with all laws, regulations and local, state treaties. applicable national and foreign laws, including those relating to the protection of personal data, international communications and the transmission of technical or personal data, files, freedoms and intellectual property, as well as the rights of third parties.
KRYPTSYS can not be held responsible, both civilly and criminally, in case of misrepresentation by the Customer.
KRYPTSYS does not guarantee in any way that (i) the https://www.izikall.com/ platform will meet all of the Customer's requirements, (ii) the https://www.izikall.com/ platform will be in available continuously without interruption, or without error.
To the fullest extent permitted by applicable regulations, KRYPTSYS can only be held liable for direct damages that are the result of a fault, in the delivery of the Services, directly attributable to KRYPTSYS.
On the other hand, KRYPTSYS will not in any case be liable for indirect and / or incidental damages (in particular loss of income, interruptions of activity, prescription of a delay, loss of a chance or any other nature) resulting from the use or inability to use the platform https://www.izikall.com/ by the Customer.
In the event that the Site https://www.izikall.com/ is recognized in whole or in part as illegal under local law, it is the responsibility of the Customer to access and deliver its services from other territories where he is deemed to be legal and where his personal status allows him. Customer who chooses to access the https://www.izikall.com/ to deliver its services from other locations would do so on his own initiative, knowingly, at his own risk and it would be incumbent upon him to assume the application of local public rules.
In particular, as part of the delivery of IZIKALL Services, KRYPTSYS only acts as an intermediary between Operator Partners and Customers. Therefore KRYPTSYS is in no way likely to guarantee, in place of the Operator Partner, the perfect execution and quality of services.
7.2. In the alternative :
Some countries and jurisdictions do not allow the exclusion of implied warranties or the limitation of the duration of implied warranties, so the foregoing limitations may not apply in whole or in part to certain circumstances where such limitations are prohibited by rules. of public order. In these cases alone, the total liability of KRYPTSYS will be limited to the amount that the Customer has actually paid under the orders at the origin of the alleged damage and judicially recognized as established, under the application of these rules of public order
8.1. Termination without fault
Each Party is free to terminate the Services subject to payment by the Customer of the Services performed by KRYPTSYS.
8.2. Bad termination.
In case of breach of the General Conditions of Sale, KRYPTSYS reserves the right to terminate the Service and to close the account of the Customer, at any time, unilaterally, without notice and without compensation.
Any request for information and precision regarding the placing of orders or relating to the reimbursement of the sums paid for the Services, must be sent to KRYPTSYS through the IZIKALL Website by referring to the "CONTACT" section, by phone by calling 33 9 53 62 80 10 or by post to the following address:
KRYPTSYS - 15 rue des tamaris - 91160 - LONGJUMEAU - FRANCE
In any correspondence, electronic or postal, addressed to KRYPTSYS, the Customer agrees to mention his name and surname, name, his email address, the reference of his recharge or telephone credit order and his identifier to allow his identification and processing of his requests. Incomplete applications can not be processed by KRYPTSYS.
10.1. Principle and definition
Neither Party shall be held liable to the other for any non-performance or delay in the performance of any obligation under this Agreement that would be due to the other party as a result of the occurrence of the breach. 'a case of force majeure within the meaning of Article 1148 of the Civil Code.
Expressly, are considered in particular cases of force majeure or fortuitous event, besides those usually retained by the jurisprudence of French courts and tribunals, the blocking of telecommunications, including telecommunications networks, the total or partial strike, lockout riot, civil unrest, insurrection, civil or foreign war, nuclear risk, embargo, confiscation, capture or destruction by any public authority, inclement weather, epidemic, blockage of means of transport or supply for any reason whatsoever, tremor land, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, any consequence of technological change, unpredictable by KRYPTSYS, calling into question standards and standards of his profession and all other unforeseeable, irresistible and independent cases the will of the Parties preventing the normal performance of their reciprocal obligations.
In the event of such an event of force majeure, the obligations of this Contract are suspended. If the case of force majeure continues for a period of more than one month, these terms and conditions may be terminated, with a relative effect, by one or other of the Parties upon receipt by the other of a registered letter.
The fact that KRYPTSYS does not prevail at a given time of any of these terms and conditions and / or tolerates a breach by the other party to any of the obligations referred to in these terms and conditions can not be interpreted as KRYPTSYS waives its right to invoke any of the said conditions at a later date.
The nullity of one of the clauses of the present General Conditions of Sale, in application in particular of a law, a regulation or following a decision of a Jurisdiction having become res judicata will not involve the nullity of other clauses which will remain in full force and effect.
The titles of the articles of the General Conditions of Sale are only intended to facilitate the references and do not have, by themselves, a contractual value or a particular meaning.
12.1. Applicable law
These General Terms and Conditions of Sale are exclusively subject to French law to the exclusion of all other legislation, even in the presence of resident or national Customers of foreign countries.
The official language of these General Conditions of Sale is French. The use of any other language is only indicative. In case of difficulty of interpretation, the Parties will refer only to the French text.
12.3. Court of competent jurisdiction
Any dispute relating to the validity, interpretation, performance, non-performance of these General Terms and Conditions governing the relationship between the Parties will be submitted to the Tribunal materially competent located within the territorial jurisdiction of KRYPTSYS headquarters.
This clause applies unless otherwise provided by public order and, without prejudice to the rights of KRYPTSYS to take legal action against any person who has infringed its rights in a court of law. who would have jurisdiction in the absence of the clause mentioned above.