GENERAL TERMS AND CONDITIONS FOR USE OF LIBON MOBILE APPLICATION
The "LIBON” service is a service offering an enhanced voicemail and an enhanced address book combined with innovative features connected to Internet network.
The Service is accessible from the Appstore of Apple; It offers notably depending on the countries where the Application is available :
- the facility to manage and develop the Contacts address book feature;
- dynamic status updates between Users connected to the Service at the same time;
- instant messaging interfaces (also known as "IM" or "Instant Messaging").
- to Users the possibility to (i) make and receive voice calls via the Internet between Users of the Service (VOIP Libon) and (ii) to make voice calls to persons not being Users of LIBON (VOIP Out).
The Service is offered by “Orange Vallée Editions”, a limited liability company with a share capital of 37 000€, registered under the Paris commercial and company registry n°B 509 544 839, with its head offices at 6 place d’Alleray 75015 Paris, France (“Orange Vallée” or “Service Editor”).
The Service, available by downloading the LIBON mobile application from Apple's AppStore, is open to any adult individual, who has subscribed to a Mobile Operator and wishes to use the Service for their needs, such use being strictly personal and non-commercial.
Access and use of the Service are subject to these General Terms and Conditions (hereinafter the "GTCs") which the User expressly accepts upon registering for the Service.
CLAUSE 1 - DEFINITION
In these GTCs, unless otherwise stated, the following terms have the meaning attributed to them in this clause:
Application: means the software application known as "LIBON”, giving access to the Service, available for free or as a premium prepaid version in the Apple’s AppStore and that the User chose to download on its Device.
Account: means a space accessible from the Service, where the following information is stored:
- the User's profile as registered;
- the personal data as registered by the User;
- the personal communication data as registered by the User;
- the Contacts that the User has synchronized into its Account.
The Users access their account by identifying themselves in the Service with their mobile phone number and email address (also known as an "identifier") and password.
Contacts: means all (i) surname and forename or company name and (ii) contact information and other data of individuals and/or legal entities registered by the User on the directory of its Device and synchronized with the enhanced address book proposed by the Service.
Device: means any mobile terminal equipment known as "iPhone". This Device may be connected to the Internet through the Networks.
“LIBON” Service: means all services using the Service Editor LIBON server, i.e. LIBON application and the Portal.
Networks: means any electronic communication network open to the public and operated by any operator, regardless of technology or standards used by such network (cable, satellite, broadband, optic fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi, WIMAX, etc.).
Mobile Operator: means the local operator with whom User contracted mobile phone telecommunications services in order to be able to make or receive phone calls through the mobile telecommunication network, including voices calls and data transfer communications.
Portal: means the website www.libon.com from which the User can access the Service.
Premium Offer: means functionalities of LIBON Service supplied against payment of a subscription by the User.
Social Networks: means all electronic communication services available to the public online which rely on special-interest communities and which offer sharing or community functions.
Service: means the service known as "LIBON ", which offers functionalities combined with innovative features, as described in section 4 below.
Service Editor: means the company “Orange Vallée Editions”
User: means an adult individual, who has subscribed to the Service, for its own needs, its use being strictly personal and non-commercial.
Voice Messages: means voice messages left on “LIBON " voicemail by any person, who called the User’s number (or via VOIP call) and chose to leave a voice message.
VOIP: means the LIBON feature which permits to the User make and/or receive voice calls with the VOIP LIBON and/or VOIP OUT function.
VOIP LIBON: means the LIBON feature that permits Users through the Internet to make and receive voice calls with other Users whatever their geographical location.
VOIP OUT: means the LIBON feature that permits Users through the Internet to make calls to persons not being Users which necessitates interconnection with mobile and/or fixed telecommunications networks.
CLAUSE 2 – PURPOSE
The purpose of these GTCs is to define the conditions subject to which:
- the Service is made available to Users;
- Users must use the Service.
CLAUSE3 – ACCESS TO THE SERVICE.
3.1 Technical requirements and data consumption
Use of the Service through the Application requires a compatible system on which the software "iTunes" of Apple is installed and a Device.
The features of the User mobile offer (with its Mobile Operator) must allow access to the VOIP service.
The User must have subscribed to an option for "data" in his or her mobile phone subscription and some software (which may be provided for charge), and may require obtaining updates or upgrades.
Use of the Service involves hardware, software, and access to Internet network and mobile network, the possibility for the User to access the Service may be affected by the performance of any of these components.
To use the Service, the User is recommended to have at least an iPhone with a 4.3 operating system and with a technology called "3GS", or later.
The User acknowledges and accepts these requirements, which can be changed periodically, are its sole responsibility. The Service is part of "LIBON" Service. However, no purchase or obtaining of any other product whatsoever (including the "LIBON" Service) shall be construed as providing or guaranteeing the User access to the Service.
Use of the Service will result in data transmission to and from the Device and operations that may result in data transmission charges. Accordingly, it is highly recommended that the User consults the general and special conditions of its Mobile Operator before using the Service to ensure that any data consumption caused by accessing the Service is compatible with reasonable use of the Device. The Service editor will not be held responsible for an excessive consumption data in terms of how access to the Internet network and mobile network are stipulated between the User and its Mobile Operator. User should choose a mobile offer with a sufficient data allowance. User is invited to check with its Mobile Operator to select the adequate mobile offer.
3.2 Opening an Account and activating the Service
In order to be able to access and use the Service fully, the User must subscribe via the Service, providing in a registration form the following information, which is necessary for registration of its Account:
- their surname and forename;
- a valid mobile number, which will be their username;
- their email address; and
- and a password
Surnames and forenames registered must not (a) infringe copyright, a trademark or any intellectual property right belonging to others, (b) violate the privacy or other rights of a person, (c) usurp the identity of other persons or of another User (d) must not be harmful to public order or good morals or any other applicable legal clause.
Users undertake to ensure that the information communicated at the time of their registration is reliable and remains in line with reality and future updates. In the event that a User provides false, inaccurate or incomplete information, the Service Editor shall have the right to cancel their account immediately once it becomes aware thereof.
The User must keep his/her password strictly confidential.
Furthermore, the Users must, in order to validate their subscription, familiarize themselves with and accept these GTCs.
At this time, an SMS will be sent to the User at the mobile telephone number they have previously provided.
Once the registration procedure is complete, the User will be able to access and configure their Account.
To activate the LIBON voice messages Service, the User must disable the voicemail made available by its Mobile Operator. To do so the User has to click on the button "LIBON– Activate voicemail box". The User puts in place a redirect from the Device to its LIBON voicemail.
CLAUSE 4 - DESCRIPTION OF THE SERVICE
The Service allows the User:
- to create and maintain an online Contacts address book, by collecting information from different sources, such as: (i) the directory of the User's mobile terminal, (ii) the address book from the User's electronic mailbox and (iii) the address books of the various Social Networks of which the User is a member;
- to manage their Contacts by classifying them into as many groups as they wish (family, work, friends, etc.);
- to connect to the Social Networks to which they belong and IM services;
- to easily customize and update, for each of their groups, greeting messages of their LIBON voicemail;
- to use the voicemail service of LIBON. It replaces the voicemail of the Mobile Operator of the User. Through this voicemail the User can consult, from the Application, Voice Messages. It is not necessary to dial a number: User can scroll through the list of their Voice Messages and listen to them in the desired order. User will be able to personalize and actualize easily, for each group of contacts, the outgoing messages of its LIBON voicemail service.
- to consult its voice messages transcripted into text : “speech to text” functionality.
- to retain and collect information on Contacts, personal information and messages on a central server.
- to use the VOIP feature via VOIP LIBON and/or VOIP OUT services. The different possibilities for VOIP calls and their respective commercial modalities are described in these GTCs and/or on the Portal and other promotional and commercial channels of LIBON Service.
All or part of the above features may be available to the Users depending of the countries where LIBON application is available. User is invited to go and check on the Portal or on other commercialization channels to know the extent of the available features of LIBON Service in his/her country.
CLAUSE 5 - TARIFF
5.1 Pricing of the Service
The Service has two versions.
One version is offered to the User free of charge.
The second one is the Premium Offer available against a subscription. Content offered (depending on countries) and commercial conditions thereof are described on a dedicated page on the Portal and other promotional and commercial channels of LIBON Service.
Premium Offer is charged via the User iTunes account, under iTunes store terms and conditions.
Both versions are proposed excluding mobile telephone and Internet connection/access fees subscribed with the Mobile Operator when the User uses the Service.
Access to the VOIP LIBON is free for the Users.
Voice calls through VOIP OUT, when offered in the concerned country, are offered within the Premium Offer. It is reminded that access to Voice traffic on Internet is otherwise charged by the User’s Mobile Operator in relation to Internet connection in accordance with the User’s mobile offer terms and conditions.
Also, in order to be able to use VOIP feature through LIBON Service, User must have subscribed with its Mobile Operator an offer allowing him to access to VOIP service as such.
5.2 Pricing of calls to LIBON voicemail
As the Service is offered to Users who have subscribed to a Mobile Operator services, the number used by the User to call LIBON voicemail is a national call number belonging to the national telephone numbering plan of the country of the User’s Mobile Operator. This national call number is also used by all persons who called the mobile number of the User and choose to leave a voice message. The transfer of this call to the voice message is a paid service for the User according to the tariffs for this national call number.
The call to LIBON voicemail is billed by the Mobile Operator, when the user consults its LIBON voicemail.
The User may consult its LIBON voicemail in two ways:
- By calling directly its LIBON voicemail (national number): the call to LIBON voicemail is billed by the Mobile Operator of User as part of the voice plan that the User has subscribed to this Mobile Operator. The pricing applicable is the pricing of the Mobile Operator for the national call number called to consult the LIBON voicemail.
- By downloading the audio files (MP3 format) Voice Messages: Listening those sound files is billed by the Mobile Operator of User as part of the data plan that the user has subscribed to this operator..
The User must check with its Mobile Operator if the consultation of its LIBON voicemail, according to one or the other way described above, is included in the subscription (voice and data) agreed with that Mobile Operator. To the extent the User exceeds the limit of minutes included in its subscription (voice and data) to consult its LIBON voicemail, an additional cost will be calculated on the basis of pricing terms offered by the User’s Mobile Operator.
By default, a notification sent on the User’s Device informs the User of new Voice Messages. The Service Editor recommends the User to consult its LIBON voicemail directly from the application or the Portal, where possible.
5.3 Pricing of calls to LIBON voicemail in case of roaming
In case of roaming, the User must activate, within the Service, a specific option in order to consult its LIBON voicemail. The User has to check with its Mobile Operator if he/she is entitled to make phone calls from foreign countries.
The Service Editor recommends the User to consult its LIBON voicemail directly from the Portal, where possible.
CLAUSE 6 - USER'S LIABILITY AND GUARANTEES
Users are expected to exercise their judgment and good manners regarding the information they access or forward.
Users also agree to refrain from trying to mislead third parties by usurping the name or corporate name of other persons and, more specifically, by passing themselves off as employees of the Service Editor.
Users undertake not to synchronize into their account, or, more generally, use within the Service, Content or other data, malicious programs which could contain viruses, Trojan horses, or worms intended to damage or interfere with the proper functioning of the Service or Application.
Users undertake to warn the Service Editor of any unauthorized use of their Account, or of any other violation of the security thereof.
CLAUSE 7 - LIABILITY AND GUARANTEES OF SERVICE EDITOR
7.1. Service Editor offers a service which allows, in particular, the use of an enhanced voicemail associated with innovative features, as described in Article 4 above.
Service Editor cannot be held responsible in the event that Voice messages, data and/or messages of a User are found to contain illicit content or content which could violate the rights of a third party. Service Editor may in any event suspend or immediately close the Account of the User concerned in the case of obviously illicit content being reported or found to be present.
Service Editor cannot be held responsible for the consequences resulting from unauthorized access to an Account by a third party or, more generally, from negligent use of the Account by a User.
Service Editor is responsible for the implementation of the resources necessary for the proper functioning of the Service and shall take the necessary measures to maintain the continuity and quality of this Service.
7.2. Calls to emergency services (e.g. hospitals, medical care unit, police departments and any other kind of services that connect a User to emergency services people or public safety answering points).
It is stated that the VOIP voice call function is not intended to replace the telephony mobile service that the User subscribed with its Mobile Operator. When the User wishes to make such emergency calls, the User will be re-directed to the mobile network of User’s Mobile Operator. Therefore Users are invited to close LIBON Application and dial the emergency call through the mobile telephony services provided by its Mobile Operator. LIBON Service does not permit to join those emergency services.
In all cases, transmission of emergency calls being not provided by LIBON Service Orange Vallée cannot be held responsible/liable in case such calls are not successful, specifically when such calls cannot be transmitted by the User Mobile Operator for technical and/or geographical reasons.
7.3. Service Editor has taken great care in the description of the Service as it appears on the Appstore at the following links:
TO BE CONFIRMED
The Service is subject to regular updating. In this regard, any Application downloaded by an User has a limited validity in time, given these updates and any technical developments, legislative or regulatory requirements, for which Service Editor will not be held responsible. Service Editor does not guarantee whatsoever that the Service and/or Application are free from errors or adapted to the needs of the User.
Any action for damages, losses, damages resulting from a defect of the Service or the failure by the Service to comply with any guarantee are the sole responsibility of Service Editor.
Service Editor and the User acknowledge and agree that Service Editor, and not Apple, will meet in the course of providing and using the Service, any action for damages, including any action for liability things, any violation of any law or regulation applicable to any violation of the provisions relating to consumer law and intellectual property law, whatever these actions are taken by an User or a third party.
Service Editor and the User acknowledge and agree that Apple and its subsidiaries are parties to these GTCs and that, upon acceptance of these GCTs by the User, Apple will be entitled to require the fulfillment of the obligations that the User has under these GTCs.
CLAUSE 8 - SUSPENSION-CANCELLATION
Service Editor reserves the right, in accordance with these GTCs, officially to suspend the Account of one or more Users without notice or liability for damages in the event that:
- an act of piracy or an attempt illicitly to use information in circulation on the Service or information stored on the Accounts is caused by or originates from a User's Account;
- an act of piracy or an attempt to hack into the equipment on the Service Editor network necessary for providing the Service is caused by or originates from the connection with a terminal used by a User;
- Users report that a certain User (a) is not complying with these stipulations (b) is using the Service in such a way as to cause harm to third parties (c) is using the Service in a way which could be contrary to good morals or public order and, in all cases, after an investigation by Service Editor.
- in the event of a User failing to comply with these GTCs, and, in particular, in the event that the latter has distributed in the Portal's shared spaces content which is clearly illicit;
- in the event that the details, and in particular the address provided by a User, do not match their actual details.
8.2 Cancellation of the Account by the User
In order to delete its Account, the User must enter the application and go to "Info / Support / Deactivate LIBON voicemail box" or visit the website: libon.com and go to “Preferences / Leave LIBON” in the Application.
8.3 Cancellation by Service Editor
When a User's Account has been suspended and notice served on the User by email remains unanswered five (5) calendar days after being sent, Service Editor shall be entitled officially to cancel the User's Account, without being liable for damages.
Furthermore, Service Editor reserves the right officially to delete a User's Account in the event that the User does not use the Service for a period of thirty (30) days or more.
CLAUSE 9 – EVIDENCE AGREEMENT
It is expressly agreed that the Parties may communicate with each other electronically to the needs of the GTCs, provided that technical security measures to ensure the confidentiality of data exchanged is in place.
Both Parties agree that e-mails exchanges between them validly prove the content of their trade and, where applicable, to their commitments.
CLAUSE 10 - ASSIGNEMENT
It is prohibited for a User to transfer to a third party any of the rights or obligations they hold in connection with these GTCs. In the event of a failure to comply with this ban, in addition to their Account being cancelled, the User may be held liable for the content or for any other data put online or sent via their Account.
CLAUSE 11 - PERSONAL DATA
Users are solely responsible for the data that they communicate via the Service and confirm that the data supplied are complete and accurate. The data collected within this Service are processed and used by Service Editor within the framework of providing the Service and for the purpose of sending the User emails or SMS messages containing information.
In accordance with the amended Act n°78-17 dated 6 January 1978 relating to data protection, the User may, at any time, access the personal information held on them by Service Editor, and ask for it to be amended or deleted, by emailing Service Editor at: firstname.lastname@example.org, with proof of their identity.
Service Editor holds and retains its Users' identification data in accordance with the regulations in force. It may be called upon to forward information relating to the User in connection with legal requirements. For the duration of their use of the Service and for the purposes of proof, data relating to the User and use of the Service will be confidentially retained and archived by Service Editor, in accordance with the regulations.
CLAUSE 12 - INTELLECTUAL PROPERTY
12.1 The User's Rights
The User is and remains the owner of the data they synchronize or send via the resources provided by the Service, in particular the Account data and Voice Messages.
12.2 Service Editor's Rights
Service Editor is and remains the owner of its Service, software, software applications, graphic charter, brands, logos, designs, technology, databases and content made available to its Users.
Users agree to refrain from using the brand name LIBON on any product or medium, for any reason whatsoever. Users may not infer, from the use of the Service, any authorization to use the brand name LIBON, for any reason whatsoever.
Users acknowledge that they do not acquire any intellectual property rights over the elements which belong to Orange. Furthermore, Users formally agree to refrain from using them for any purpose other than that which is exclusively outlined in these GTCs.
All enhancements, updates, derived products, developments whether or not achieved, created or developed by Service Editor with regard to the Service are and shall remain the property of Service Editor, and you expressly acknowledge and accept that any contribution in the form of services, suggestions, ideas, reports, fault identification, expenses or any other contributions made by the User do not give or grant any right, title or interest in any of the elements or components of the Service.
12.3 Right of use (licence)
Service Editor grants the User a non-exclusive, non-transferable, revocable right to use the interface and software components of the Service throughout the world; this right may not be sub-licensed.
This authorization is granted for as long as the Service is available free of charge.
This authorization is subject to compliance with these GTCs.
This authorization does not allow the User to access or use any source code of the Application and/or software components of the Application.
Users must not:
- use, copy, modify or distribute the Application and/or software components of the Application, except as expressly authorized by these GTCs;
- dismantle, decompile or translate the Application and/or the software components of the Application, except as explicitly authorized by the applicable laws and regulations;
- sub-license or concede the Application or the software components of the Application.
CLAUSE 13 - APPLICABLE LAW-GENERAL PROVISIONS
If one or more of the stipulations of these GTCs proves to be null and void or is declared as such by application of a law or regulation or as a result of a final decision by a competent jurisdiction, the force and scope of the other stipulations shall remain intact.
The stipulations declared null and void or invalid shall then be replaced by stipulations which are as close as possible in content to the stipulations initially set out.
The parties shall not be held liable, or deemed to have failed to comply with these GTCs, for any delay or non-execution, when the cause of the delay or non-execution is related to an event of force majeure as defined by the case law of the French courts.
Any complaint or dispute relating to the Service must be forwarded by email, via the "Contact us" option of the Application.
These GTCs are subject to French law.
CLAUSE 14 - CONTACT
Any complaint or dispute relating to the Service must be forwarded by email, via the "Contact us" option of the Application.
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