Libon for Android
4,4
Libon for Apple
4,6

Terms and conditions of use

INTRODUCTION

The LIBON service (hereinafter referred to as the " Service ") enables any subscribed user (hereinafter referred to as the " User ") to (i) make outgoing voice calls over the Internet to fixed or mobile numbers, (ii) transfer telephone credit to pay all or part of a correspondent's prepaid telephone bill, (iii) to transfer data volumes, enabling a correspondent to benefit from a quantity of data expressed in gigabytes (GB) in order to access the Internet, or (iv) to credit the account of third parties with their electricity supplier, according to the terms and conditions below.

This Service is offered by Libon S.A.S., a simplified joint stock company with capital of €66,612.00, registered with the Paris Trade and Companies Register under number 841 292 691, whose registered office is located at 23 rue d'Anjou 75008 PARIS (France), represented by its Chairman (hereinafter " Libon ").

The Service can be accessed by downloading the LIBON mobile application (the “Application”) from the mobile app marketplaces listed on Libon’s website (currently: Apple App Store and/or Google Play) and can be used by any adult individual who has taken out a subscription with a mobile telephone operator and wishes to use the Service, via the Application, for their own needs and strictly for personal and non-commercial use.

Access to and use of the Service are subject to these terms and conditions of use (the “TCU”). Hence, any order placed for a Product (as described below) sold by Libon and giving access to the Service implies that these TCU have been previously read and expressly accepted by ticking the relevant box.

For the purposes of these General Terms and Conditions, it is agreed that Libon and the User may also hereinafter be referred to collectively as the " Parties " and individually as a " Party ".

1 - DEFINITIONS

For the purposes of these TCU, and unless otherwise specified, the following terms will have the meaning ascribed to them in this section:

Application: means the “Libon” mobile telephone application available free of charge and giving access to the Service, downloaded by the User onto their Terminal.

Account: means the User’s complete MSISDN (i.e., telephone number) associated with the Products purchased by the User.  

Mobile Operator: means the local mobile telephone operator with whom the User has a subscription to be able to make and receive telephone calls via that Mobile Operator’s telephone network, including data transmission.

Pack(s) of minutes : means the minutes of Voip Out communication available for purchase via the Portal and/or the Application and giving access to the Service.

Electricity Payment: refers to the function of the Libon Service via which the User can credit a third party’s account with their electricity supplier. In practical terms, this function enables a prepayment to be made to a third party, who can use the funds thus made available to recharge their account with their electricity supplier, subject to the reservations and conditions set out below.

Product: means any product or service sold by Libon via the Website and/or the Application, i.e., Packs of Minutes, Credit Transfers, Gigabyte Transfers or Electricity Payments.

Portal: means the website https://www.libon.com via which the User can access the Service.

Networks: means the electronic communications networks available to the public, interconnected and operated by an operator, regardless of the technologies or standards used by such networks (cable, satellite, ADSL, fibre optics, GSM, GPRS, EDGE, UMTS, Wi-Fi, WIMAX, etc.).

Service or Libon Service: means the service named “Libon”, enabling the purchase of a Product.

Terminal : refers to any mobile terminal equipment connected to the Internet via the Networks, compatible with the operating systems specified on the Portal and on which the Application is installed.

Credit Transfer : refers to the function of the Libon Service whereby the User can grant a correspondent telephone credits expressed in foreign currency to enable the latter to settle all or part of his prepaid telephone bill with his telephone operator.

Gigas Transfer : refers to the function of the Libon Service whereby the User can grant a correspondent volumes of computer data to enable the latter to connect to the Internet and use the associated communication services.

VOIP OUT: refers to the function of the Libon Service enabling the User to make an outgoing voice call via the Application to a landline or mobile telephone number.

2 – PURPOSE

The purpose of these TCU is to define the terms and conditions under which the Service is provided and made available to Users, as well as the Parties’ rights and obligations arising therefrom.

Libon may update the TCU at any time. The currently applicable version of the TCU can be viewed on the Website and in the Application. The version of the TCU applicable to a transaction is that in force on the date the order is placed.

3 – DESCRIPTION OF THE SERVICE

The Service allows the User to purchase one or more Products offered by Libon. On the date of these General Terms and Conditions, the Service comprises the following Products:

3.1 VOIP OUT

The Service enables Users to use the VOIP Out function by purchasing Packs of Minutes. The various VOIP Out options and the corresponding terms of sale are described on the Portal and in the Application.

Depending on the country in which the Service is available, all or part of the above-mentioned function may or may not be provided. We advise Users to read the Website or the Application before ordering any Products to know which functions are available in each country.

VOIP Out calls are only authorized between private individuals for non-profit-making purposes, up to a limit of 250 different correspondents per month, unless otherwise specified in the Pack(s) of Minutes purchased. The maximum duration of each call is three hours. If the call is interrupted,
the User will be prompted to redial the number concerned by the interruption.

VOIP Out calls to special and/or premium rate numbers are prohibited and will not be routed by the Service.

3.2 Mobile credit transfer

The Service enables Users to transfer to a correspondent (whose phone number they have) one or more sums of money in the form of telecommunication allowances to enable that correspondent to pay all or part of a prepaid telephone bill with most of the telephone operators in the countries listed. The list of operators and countries concerned may be modified without notice and without entitlement to compensation for the User.

3.2 Gigabyte Transfer

The Service enables Users to transfer a volume of data in the form of gigabytes (GB) to a correspondent (whose telephone number they have) to enable them to access the internet via most of the telephone operators in the countries listed. The list of operators and countries concerned may be modified without notice and without entitlement to compensation for the User.

3.3 Electricity Payment

The Service enables a User to credit the account of a correspondent whose telephone number he or she has with Libon's partner electricity supplier. The list of electricity suppliers and countries concerned may be modified without prior notice and without entitlement to compensation for the User.

3.4 Stipulations common to all Products

Libon reserves the right to modify or terminate its Product offering at any time.

Therefore, Users are informed and acknowledge that the list of countries in which the Products are available may alter and be changed. Similarly, the list of partner telephone operators may change. Libon will inform the User, as far as possible, of the unavailability of the Service or a Product in a country before an order is placed. If the Service is unavailable in a country after the placement of an order, Libon will offer a refund or an equivalent service.

Libon may refuse and/or block a User’s orders if they are unusual (e.g. quantity of Products ordered).  

The Service is regularly updated. Accordingly, the Application downloaded by Users is valid for a limited period of time, insofar as the said updates and any technical, legislative or regulatory changes can potentially oblige Libon to publish a new version of its Application.

4 – ACCESS TO THE SERVICE

To use the Service, Users must have an active mobile telephone number with a Mobile Operator, access to the mobile internet network, IT equipment and certain applications.

Accordingly, the User acknowledges that the performance of any one of the above items can potentially impact their access to the Service.

The minimum setup recommended by Libon to use the Service is indicated on the Portal and by the operating systems of Google (Android, Google Play) and Apple (iOS, App Store) that distribute the Application. The User acknowledges and accepts that they are solely responsible for these technical requirements, which may be modified from time to time.

Using the Service involves the transmission of data to and from the User’s Terminal, and this use of data may be subject to payment. The User is therefore strongly advised to consult their Mobile Operator’s pricing plan before using the Service to check that the data consumed while using the Service is not incompatible with a reasonable use of their Terminal. Libon cannot be held liable for any over-consumption of data in relation to the terms of access to the internet network stipulated between the User and their Mobile Operator.

The User is informed that use of the Service abroad, outside the European Union, can result in charges that are significantly higher than the normal rate, and it is the User's responsibility to be informed of this and to pay the roaming costs and other applicable charges billed by the Mobile Operator. Furthermore, within the European Economic Area, the Mobile Operator may have defined a reasonable use threshold above which use of the mobile internet may be billed by them with a surcharge compared to the national rate. Considering that this could potentially limit the use of the Service, Libon cannot be held liable under any circumstances.

Using the Service involves creating an Account and purchasing a Product via the Portal or the Application.

4.1 Signing up

To be able to use the Service, the User must sign up in the Application, which can be downloaded free of charge (apart from potential connection costs) on Google Play or Apple App Store, and provide the information required to create their Account (mobile telephone number and code sent via SMS by Libon).

The Account can only be created via the Application installed on a Terminal. 

To order a Product via the Portal, the User must sign in and follow the procedure as indicated.

The User undertakes to ensure that the information they provide when they sign up is reliable, accurate and permanently kept up to date. If the User provides false, inaccurate, or incomplete information, Libon will be entitled, as soon as it becomes aware thereof, to immediately close the Account and terminate these TCU.

Libon ensures that the data provided when an Account is created remains confidential.

The User is entirely responsible for the use they make of their Account.

4.2 Placing an order

The User can view Libon’s Product offering on the Portal and/or in the Application, without being obliged to place an order.

Libon’s Product offering is as shown on the Portal and in the Application on the date the User views it, and enables access to the Service for one or more destination countries in the list of countries.

The Product contents (type, duration, country, etc.) and their terms of use are detailed in the Application and on the Portal.

The Products are billed to the User at the price indicated before they place the order. The prices are tax-inclusive and expressed in Euros or in the currency indicated to the User before their order is confirmed.

Libon reserves the right to modify its prices at any time on the Portal or in the Application. The Products are billed according to the prices applicable at the time the User validates their order.

The User can purchase Products directly (i) in the Application by logging in to their Account or (ii) on the Portal by entering their telephone number and following the procedure (code sent by SMS to be entered on the Portal).

4.2.1 Purchase of Packs of Minutes

4.2.1.1 Purchase of Pack(s) of minutes on the Portal

The User selects the Product they are interested in and are then prompted to log in to their Account. The User enters their telephone number, to which a code is sent via SMS. The User then enters the code in the box provided for that purpose. If successfully identified, the User is then directed to the final payment stage.

Once the User is identified, a summary of their order appears, indicating the type, quantity, destination, and price of the Product selected by them.

After viewing this information, the User can validate their order by making the payment. The payment by bank card takes place immediately via the internet (unless the server is unavailable). Libon accepts most international bank cards, including Visa and Mastercard.

For convenience, the User may, if they wish, record the 16 digits and the expiry date of the bank card on the Portal and in the Application in connection with their Account. The storage, processing and confidentiality of the data is taken care of by Braintree, Libon’s data processor. In no event is this data used for purposes other than as set out herein, i.e., specifically, the payment of the User's order.

At the end of the ordering process, the validation of the order implies unreserved acceptance of the TCU by the User.

As soon as the User validates the payment by bank card and the payment is accepted, the order is confirmed and becomes irrevocable (the order is registered in Libon’s computer records, which are stored on reliable and durable backup media, and is considered as proof of the contract between the Parties). An SMS is sent to the User confirming their order, with the relevant information.

For the avoidance of doubt, Libon reserves the right to refuse an order or a delivery in the event of (i) a dispute with the User, (ii) non-payment of all or part of a previous order by the User, (iii) refusal of the bank card payment by the banking institution, (iv) non-payment of all or part of the order. In no event may Libon be held liable in such circumstances.

The Products purchased, and for which payment is validly made, are immediately made available to the User.

In accordance with Article L. 221-18 et seq. of the French Consumer Code (Code de la consommation), the User benefits from a withdrawal period of 14 days from the validation of their order to give notice of their intention to withdraw by contacting Libon.

In this case, it will be up to the User to send an unambiguous declaration or to transmit the retraction form attached in Appendix 1 of the present document, to the address support@libon.com, notifying his/her wish to retract.

The User is nevertheless reminded that, in accordance with Article L. 221-28 of the French Consumer Code, their right of withdrawal cannot be exercised for (i) service contracts fully performed before the end of the withdrawal period or (ii) contracts for digital content not supplied on a physical medium, the performance of which began when they gave their express prior consent and expressly waived their right of withdrawal.

In addition, according to the above Article, the User’s right of withdrawal is expressly waived as soon as they use all or part of the minutes included in the Pack of Minutes.

Cancellation procedures are also detailed on the Portal in the section "How do I request a refund for my purchase of minutes?

Insofar as the User has not begun to use the Products or they send their withdrawal request to Libon within the above deadline, the User will receive a refund within 14 days of the date Libon is informed of the User’s withdrawal, via the same payment method as that used by the User to pay the transaction.

4.2.1.2 Purchases of Packs of Minutes via the Application

Once the Application has been installed on the Terminal and the Account has been created, the User can purchase Packs of Minutes directly via the Application, by means of an integrated purchase or a "purchase via an application", by entering their password or using biometric authentication (fingerprint, Touch ID or Face ID). All purchases via the Application require the User to previously accept the terms and conditions of sale of the relevant app marketplace (Google Play or Apple App Store).

The User selects the Product that interests them and enters their App Store or Google Play ID and password or uses biometric authentication.

If the identification is successful, the purchase is completed, and the User is billed in accordance with the terms and conditions of sale of the relevant app marketplace.

If the User wishes to exercise their right of withdrawal via the Application, they are prompted to read the relevant information on Google Play and App Store which, depending on the then applicable version of the app marketplace’s terms and conditions, recommends following the instructions set out below. As the terms and conditions are amended or changed from time to time, the User is advised to regularly consult them.

• iPhone/iOS:

If the User purchases a Pack of Minutes with their Apple ID, and they have not waived their legal right of withdrawal by beginning to use the Pack of Minutes, they must send a withdrawal form to Apple Distribution International or complete the following steps:

Go to the “Report a problem” page;

Enter the Apple ID;

Select “Order history”;

Select the transaction concerned and click the “Report a problem” button;

Mention the withdrawal request.


• Android:

If the purchase of the Minute Pack(s) was made through the User's Google Play account, and the User has not waived his/her legal right of withdrawal by starting to use its content, a request for withdrawal should be sent to Google Commerce Limited and/or follow the steps below:

Go to play.google.com/store/account;

Click on Order history ;

Locate the order to be returned;

On the latter, click on More ;

Select “Request a refund” or “Report a problem”, then select the option corresponding to the circumstances;

Complete the form and indicate the withdrawal request.

The User can also request a refund by going to the “Obtain a refund on Google Play” page and following the instructions in the “Applications, games and purchases via an application (including subscription)” section.


4.2.2 Transfer of telephone credit

To transfer telephone credit to a correspondent, the User must open the Application and select the "Libon Transfer" service. They can then select a telephone number from their list of contacts or enter a new number (after checking that it does not contain any errors) and choose the amount of telephone credit to be sent from among the credit options available. The credit amounts, which are tax inclusive, may be modified without notice and without entitlement to compensation. The beneficiary, who is automatically identified by their telephone operator – provided that the number is correct, receives the credit sent to them by the User almost immediately. The credit will appear on the correspondent’s telephone bill.

La transaction ne peut être complétée que sous réserve pour l'Utilisateur de renseigner le numéro de téléphone d'un correspondant. Ce numéro sera utilisé par Libon uniquement afin de transférer le crédit téléphonique, conformément aux présentes Conditions Générales. L'Utilisateur garantit à Libon qu'il a le droit de renseigner ce numéro de téléphone.

The User must also enter their billing information (first name, name, email address, postal<br>address). The User must then accept these TCU and pay the price indicated by bank card or<br>Bancontact. Libon collects and processes the personal data provided by the User when placing the above-mentioned order, in accordance with its privacy policy available on the Portal at the following address: https://www.libon.com/fr/Vie-privee 

By confirming the purchase of the telephone credit, the User irrevocably authorises Libon to credit their correspondent’s telephone account on their behalf. In accordance with Article L.133.8 of the<br>French Monetary and Financial Code (Code monétaire et financier), the payment undertaking given by bank card is irrevocable and the User expressly authorises Libon to debit their bank card for the amount indicated. If the User's bank card cannot be debited, the transaction will not be completed, and the User will have to reinitiate the purchase process.

Credit Transfers can only be used to pay all or part of a telephone bill with one of Libon’s partner telephone operators. The amount transferred is automatically credited to the correspondent's telephone operator. The amount credited may vary according to exchange rate fluctuations. It cannot be refunded or converted into cash.

The User acknowledges that the service is provided in full as soon as the order is validated.

In the scope of Credit Transfers, Libon does not act as a telephone operator and is not responsible for the routing of the calls enabled by the credit transferred. In addition, Libon does not define the communication time corresponding to the credit transferred.

Use of the credit transferred is subject to the terms and conditions of the telephone operator concerned.

IN ACCORDANCE WITH ARTICLE L. 221-28 OF THE FRENCH CONSUMER CODE, THE RIGHT OF WITHDRAWAL IS EXCLUDED IN RESPECT OF TELEPHONE CREDIT TRANSFERS, CONSIDERING THAT THE SERVICE IS PROVIDED IN FULL BEFORE THE END OF THE WITHDRAWAL PERIOD. THE USER ACKNOWLEDGES THAT THEY ARE AWARE OF THE EXCLUSION OF THE RIGHT OF WITHDRAWAL.

4.2.3 Transfer of Gigabytes

To transfer gigabytes of data, the User must open the Application and select the “Libon Transfer” service. They can then select a telephone number from their list of contacts or enter a new number (after checking that it does not contain any errors) and choose the volume of data to be sent from among the volume options available. The volumes, expressed in gigabytes (GB), may be modified without notice and without entitlement to compensation. The beneficiary, who is automatically identified by their telephone operator, provided that the number is correct, receives the volume of data sent to them by the User almost immediately.

The transaction only takes place if the User indicates a correspondent’s telephone number. Libon uses the telephone number solely for the purpose of the gigabyte transfer, in accordance with these TCU. The User warrants to Libon that they have the right to enter the telephone number concerned.

The User must also enter their billing information (first name, name, email address, postal<br>address). The User must then accept these TCU and pay the price indicated by bank card or<br>Bancontact. Libon collects and processes the personal data provided by the User when placing the above-mentioned order, in accordance with its privacy policy available on the Portal at the following address: https://www.libon.com/fr/Vie-privee 

By confirming the purchase of the credit, the User irrevocably authorises Libon to generate the<br>code to enable their correspondent to credit their account with their electricity supplier. In<br>accordance with Article L. 133.8 of the French Monetary and Financial Code (Code monétaire et financier), the payment undertaking given by bank card is irrevocable and the User expressly authorises Libon to debit their bank card for the amount indicated. If the User's bank card cannot be debited, the transaction will not be completed, and the User will have to reinitiate the purchase process.

Gigabyte transfers can only be used to send a volume of data to one of Libon’s partner telephone<br>operators. The volume of data transferred is automatically credited to the correspondent's telephone operator. The amount credited may vary according to exchange rate fluctuations. It cannot be refunded or converted into cash. The period of validity of the volume of data transferred depends on the terms and conditions of the contract with the telephone operator.

The User acknowledges that the service is provided in full as soon as the order is validated.

In the scope of Gigabyte transfers, Libon does not act as a telephone operator and is not responsible for the routing of telecommunication enabled by the volume of data transferred. In addition, Libon is not responsible for the telecommunications debited or the validity period of the volume of data transferred.

Use of the volume of data transferred is subject to the terms and conditions of the telephone<br>operator concerned.

IN ACCORDANCE WITH ARTICLE L. 221-28 OF THE FRENCH CONSUMER CODE, THE RIGHT OF WITHDRAWAL IS EXCLUDED IN RESPECT OF GIGABYTE TRANSFERS, CONSIDERING THAT THE SERVICE IS PROVIDED IN FULL BEFORE THE END OF THE WITHDRAWAL PERIOD. THE USER ACKNOWLEDGES THAT THEY ARE AWARE OF THE EXCLUSION OF THE RIGHT OF WITHDRAWAL.

4.2.4 Payment of electricity bills

The User has the option to credit the account of a third party who has an electricity supply<br>contract with one of Libon’s partner electricity suppliers. For that purpose, the User must open the Application and select the "Electricity Payment" service, enter the amount they wish to credit and their correspondent’s telephone number, either from their list of contacts or a new number (after checking that it does not contain any errors).

The Service generates a code that the User must send to their correspondent, who must then<br>enter the code in the box provided by their electricity supplier to be able to credit their account.

Amounts are tax inclusive.

The transaction only takes place if the User previously enters a correspondent’s telephone number, which will be added to their contacts. The number will then be used to transfer the credit, in accordance with these TCU. The User warrants to Libon that they have the right to enter the telephone number concerned.

The User must also enter their billing information (first name, name, email address, postal<br>address). The User must then accept these TCU and pay the price indicated by bank card or<br>Bancontact. Libon collects and processes the personal data provided by the User when placing the above-mentioned order, in accordance with its privacy policy available on the Portal at the following address: https://www.libon.com/fr/Vie-privee 

By confirming the purchase of the credit, the User irrevocably authorises Libon to generate the<br>code to enable their correspondent to credit their account with their electricity supplier. In<br>accordance with Article L. 133.8 of the French Monetary and Financial Code (Code monétaire et financier), the payment undertaking given by bank card is irrevocable and the User expressly authorises Libon to debit their bank card for the amount indicated. If the User's bank card cannot be debited, the transaction will not be completed, and the User will have to reinitiate the purchase process.

Electricity Payments can only be used to pay all or part of an electricity bill with one of Libon’s partner electricity suppliers. The amount credited may vary according to exchange rate fluctuations. It cannot be refunded or converted into cash.

The User acknowledges that the service is provided in full as soon as the order is validated.

In the scope of Electricity Payments, Libon does not act as a telephone operator and is not<br>responsible for the routing of eletricity enabled by the credit transferred. In addition, Libon does not define the quantity of electricity corresponding to the credit transferred.

Use of the transferred credit is subject to the general terms and conditions of the electricity supplier concerned.

IN ACCORDANCE WITH ARTICLE L. 221-28 OF THE FRENCH CONSUMER CODE, THE<br>RIGHT OF WITHDRAWAL IS EXCLUDED IN RESPECT OF TELEPHONE CREDIT TRANSFERS, CONSIDERING THAT THE SERVICE IS PROVIDED IN FULL BEFORE THE END OF THE WITHDRAWAL PERIOD. THE USER ACKNOWLEDGES THAT THEY ARE AWARE OF THE EXCLUSION OF THE RIGHT OF WITHDRAWAL.

5 –LIABILITY AND UNDERTAKINGS OF THE USER

The User is requested to be discerning and cautious in respect of the information to which they
have access and/or that they transfer in the scope of the Service. The User undertakes not to
attempt to mislead third parties by taking on someone else’s name or company name, and particularly by passing themselves off as being one of Libon’s employees. The User undertakes to inform Libon of any unauthorized use of their Account, or any other security breach involving their Account.

The User undertakes to use the Service solely for lawful purposes and in compliance with applicable laws, and acknowledges that the sharing or transfer any illegal content via the Service is prohibited, under penalty of incurring civil and/or criminal liability.

The User undertakes to use the Service according to the use for which it is intended and marketed, and undertakes not to make any inappropriate use thereof.

The following are considered as cases of inappropriate use of the Service potentially giving rise to the suspension and termination of the Account, under the terms set out in Section 7 below:

• use of telecommunications for purposes other than personal (particularly for commercial purposes);

• use of the Service for malicious or harmful purposes;

• use of the Service to harm Libon;

• use of the Service, free of charge or for payment, as a means of rerouting
communications or connecting people;

- uninterrupted use of the Service, in particular through automatic and continuous dialling of numbers of the line; 

• transfer or selling-on of all or part of the communications;

• sending mass communications, whether automated or not;

• distribution of a computer virus or file designed to limit, interrupt or destroy the Service network and/or a terminal or other telecommunications tool;

• transmission of information or data of any kind that is in breach of applicable laws and regulations, threatening, offensive, defamatory or in breach of confidentiality undertakings;

• transmission of any unsolicited or unauthorised advertising, particularly spam, and any other action resulting in the congestion of the Service and its network;

• use within the Service of content of any kind (text, audio, video, etc.), or any other data or malware liable to contain viruses, Trojan horses or worms intended to damage or interfere with the proper functioning of the Service, the Application and/or the Portal.

6 – LIABILITY AND UNDERTAKINGS OF LIBON

Libon undertakes to deliver Products to the User that are free from third-party rights and whose characteristics (quantity, duration, destination country)  correspond to the User’s order. Should Libon breach this compliant delivery obligation, the User will be entitled to request the specific performance or cancellation of their order, in accordance with Article 1610 of the French Civil Code (Code civil).

In its capacity as a digital service provider, and in accordance with the provisions of Article L. 224-25-12 of the French Consumer Code, Libon further obliged to provide a service compliant with the contract. Libon is responsible for any lack of conformity of the service at the time it is provided and arising within a period of two years from such time.

Libon shall take all necessary measures to ensure the proper functioning of the Service and maintain its continuity and quality.

In the event of any malfunction of the Application and/or the Service preventing the use of the Products purchased, the User may (i) apply for a refund from App Store or Google Play under the applicable terms and conditions and/or (ii) send a complaint to Libon at the following address:<br>23 rue d’Anjou, 75008 Paris (France) or by email to support@libon.com, or contact Libon on Facebook at http://www.facebook.com/libon.fr or on X (ex-Twitter) at http://twitter.com/Libon.

Libon and its staff secure the confidentiality of Users’ correspondence. Such confidentiality cover the contents of the correspondence and the identity of the correspondents.

6.1. Limitations of liability

In addition to the limitations set forth in these General Terms and Conditions for each type of Product concerned, Libon does not guarantee in any way that the Service and/or the Portal and/or the Application are free of errors or adapted to the User's needs.

In respect of all the stages of access to the Portal or the Application, including browsing,
identification, placing orders, payment, or any other service available via the Portal or the Application, Libon is only bound by a best endeavours obligation.

In no event may Libon be held liable if a User's data and/or messages contain unlawful content and/or content that infringes a third party’s rights. Libon is not liable for the use made of the telephone credits or volumes of data.

In no event may Libon be held liable for the consequences of unauthorised access by a third
party to a User's Account due to the User's negligence. In such respect, the User agrees to notify
Libon immediately of any unauthorised use of their Account and of any security breach involving their Account.  

6.2. Limitations of liability specific to emergency calls

“Emergency Calls” refers to calls made to hospitals, the police, medical care units or other
services enabling to reach an emergency service.

It should be noted that the VOIP Out function of Libon’s Application does not replace the mobile<br>telephone service with a Mobile Operator to which the User must be subscribed.

To make an Emergency Call, the User will be redirected to their Mobile Operator’s telephone<br>service. The User will be prompted to close the Application to dial the emergency number directly via the Mobile Operator. The Application cannot be used to make an Emergency Call.

As the Service does not enable the transmission and routing of Emergency Calls, Libon cannot
be held liable for the non-transmission of Emergency Calls, including in cases where Emergency Calls cannot be routed by the Mobile Operator for technical reasons and/or the User’s geographical location.


7 – SUSPENSION – TERMINATION – RENEWAL

7.1. Suspension – Termination of the TCU

Libon reserves the right to suspend or terminate these TCU and, consequently, the User’s Account, or to cancel the minutes corresponding to the User’s Account, without notice or compensation, in the following cases:

• the User (including their User Account and/or the connection from their Terminal) is responsible for a breach of their obligations, particularly those set out in Section 5 hereof;

• any hacking or attempted unlawful use of the information circulating on the Service or
stored in the User Accounts, caused by or resulting from the User’s Account;

- any hacking or attempted hacking of the network facilities used by Libon to provide the Service, caused by or resulting from connection with the IT equipment used by the User.

- a report by third parties that the User (a) does not comply with these provisions and/or (b) uses the Service in a manner liable to breach good moral standards or public order and, in any event, after investigation by Libon;

- The contact details, and particularly the address provided by the User, do not correspond to their actual contact details;

- In the event of a payment incident or suspected payment fraud, in particular when Libon is aware or has serious reason to believe that the amount corresponding to the minutes ordered by the User via a payment mechanism has not been effectively debited from the User's account;

7.2. Deactivation of an account at the User’s initiative

The User can deactivate their Account at any time by uninstalling the Application from their mobile terminal and sending a deactivation request to Libon at support@libon.com or via Facebook at http://www.facebook.com/libon.fr or via X (ex-Twitter) at http://twitter.com/Libon.

7.3 Renewal

Packs of Minutes are valid for an initial period of 365 days from their purchase.

After this period, they can be renewed indefinitely, subject to making a renewal request during their validity period. To make a renewal request within the deadline set, the User must contact Libon at the following address: 23 rue d’Anjou, 75008 Paris (France) or by email at support@libon.com, or contact Libon on Facebook at http://www.facebook.com/libon.fr or on X (ex-Twitter) at http://x.com/Libon and request the reactivation thereof.

8 – AGREEMENT CONCERNING PROOF

It is expressly agreed that the Parties may correspond together via electronic means for the purposes of the TCU, provided that technical security measures are set up to guarantee the confidentiality of the data exchanged.

The Parties agree that the electronic exchanges between them are valid proof of the contents of
their correspondence and, where applicable, of their undertakings. Accordingly, orders are
registered in Libon’s computer records, which are stored on reliable and durable backup media, and are considered as proof of the contract between the Parties.


9 – NON-TRANSFERABILITY

In no event may the User transfer any of their rights or obligations arising out these TCU to a third party. In the event of a breach of this obligation, and in addition to the termination of their Account, the User may be held liable for the content and any other data made available online or sent via their Account.

10 – PERSONAL DATA

With a view to the protection of the personal data provided by the User via the Service, Libon has
set up a privacy policy, available on the Portal at the following address:
https://www.libon.com/fr/Vie-privee.  

11 – INTELLECTUAL PROPERTY

11.1 User rights

The User is and remains the owner of the data he or she sends via the Service, in particular Account data.

11.2 Libon's rights

Libon is and remains the owner of its Service, Application, Portal, software applications, graphic charter, trademarks, logos, concepts, technology, software, databases and content made available to Users, all of which are protected by Libon's intellectual property rights (and in particular copyright, trademark and/or patent rights).

The User undertakes not to use or reproduce Libon’s intellectual property rights (particularly the<br>trademarks “LIBON” and “LIFE IS BETTER ON”, the rhinoceros logo and the logos displayed in<br>the Application and/or on the Portal) on any product or media and for any reason whatsoever. The User cannot construe their use of the Service as being an authorisation to use Libon’s intellectual property rights (particularly the “LIBON” and “LIFE IS BETTER ON” trademarks and/or the rhinoceros logo) for any purpose whatsoever.

The User acknowledges that he/she does not acquire any intellectual property rights over all elements making up the Service, which are and remain the property of Libon. Furthermore, the User expressly agrees not to use them in any way other than as provided for in these General Terms and Conditions.

All improvements, updates, derivatives, evolutions, whether made, created or developed by Libon concerning the Service are and shall remain the property of Libon, and the User expressly acknowledges and agrees that any contribution in the form of services, suggestions, ideas, reports, defect identification, expenses, or any other contributions made by the User, does not give or grant any right, title or interest in any of the elements or components of the Service.

11.3 Right of use (license)

Libon hereby grants the User a non-exclusive, non-transferable, revocable, worldwide, non-sublicensable right to use the Portal, the Application and/or the software components of the Portal and/or the Application.

This authorization is subject to compliance with these General Terms and Conditions.

Authorization does not imply the right for the User to access or use any source code of the Portal, the Application and/or the software components of the Portal and the Application.

The User shall not :

1. use, copy, modify or distribute the Portal, the Application, and/or the software
components of the Portal and the Application, except as expressly authorised by these
TCU;

2. disassemble, decompile or translate the Portal, the Application, and/or the software
components of the Portal or the Application, except as expressly authorised by applicable
laws and regulations;

3. sublicense or license the Portal, the Application and/or software components of the Portal or the Application.

ARTICLE 12. EXTERNAL LINKS

The Portal may contain hypertext links redirecting the User to other sites.

Libon makes no commitment concerning any other site to which Users may have access via the Portal and is in no way responsible for the content, operation, services offered or access to these sites.

ARTICLE 13 - APPLICABLE LAW - GENERAL PROVISIONS

If one or more stipulations of these TCU are null and void or declared as such pursuant to a law,
regulation or final decision of a competent court, the other stipulations will retain their full force
and scope.

The Parties will not be held liable, or considered as having breached these TCU, in case of delay
or non-performance if the cause of such delay or non-performance is related to a force majeure event, as defined in Article 1218 of the French Civil Code and by French case law.

Except where prohibited by any applicable law, these TCU between Users and Libon are governed by French law. Any dispute or claim arising out of these TCU between Users and Libon, or any breach, termination, or nullity hereof, will be submitted to the competent courts.

14 – CONTACT INFORMATION – COMPLAINTS – MEDIATION

Any complaint or dispute relating to the Service must be sent by e-mail to support@libon.com or via the "Contact us" section of the Application.

Libon is a member of CM2C (Centre de la Médiation de Consommation de Conciliateurs de Justice - www.cm2c.net) and any User may therefore contact a mediator from this organization to submit a problem.

In addition, the User may refer the matter to the mediator of his/her choice, whose contact details can be found on the European Commission's website: https://ec.europa.eu/consumers/odr.  

Credit Transfers

This site is published by Nocode Factory, whose head office is located at 7 Place du 11 Novembre 1918, 93000 Bobigny, France.

SCHEDULE 1

TEMPLATE WITHDRAWAL FORM

<br>To the attention of ............................................... LIBON, 23 rue d'Anjou, 75008 PARIS (France), support@libon.com :

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the purchase of the following Pack(s) of Minutes:

Ordered on (*)/received on (*) :

Name(s) of the customer(s):

Address(es) of the customer(s):

Signature of the customer(s) (hard-copy notifications only):

Date:

(*) Delete as appropriate

This site is published by Nocode Factory, whose head office is located at 7 Place du 11 Novembre 1918, 93000 Bobigny, France.

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