GENERAL CONDITIONS FOR USE OF THE
“MOBILE DATA CONTROL” SERVICE
PREAMBLE
The
MOBILE
DATA CONTROL Service allows to monitor the level of use of data in France and
abroad, on all cellular networks and Wifi, with warning system on a given
threshold (weekly, monthly, …) (hereinafter the ‘Service’).
This Service is offered by the
company France Telecom R&D UK LTD (Private company limited by
shares) N° 419 33 79, headquartered at Building 10, Chiswick Park 566, Chiswick High Road, W4 5XS
London
(hereinafter referred to as ‘Orange Labs’).
The Service accessible via the MOBILE DATA CONTROL software
application is open to any individual who wishes to use the Service
for his/her own needs and for strictly personal, non-commercial purposes.
The Service is provided
free-of-charge in France (metropolitan), United Kingdom and Spain.
Access to and use of the Service are subject to these
General Conditions of Use (hereinafter the ‘GCU’), which the User expressly accepts when registering for the
Service.
ARTICLE
1 - DEFINITIONS
In these GCU, the following terms shall, unless
otherwise stated, have the meaning given to them in this article:
Application: refers to the software application
entitled MOBILE DATA CONTROL, which provides access to the Service
and which the User has chosen to download onto his/her Device for free from the
application store of GOOGLE INC, Android Market.
Networks: Refers to the electronic communication networks open to the
public operated by ORANGE, whatever the technology or standards used by these
networks (cable, satellite, ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi,
WIMAX, etc.).
Service: Refers to a
service entitled MOBILE DATA CONTROL which is connected to the Networks.
Device / Devices: Refer to all terminal devices
(particularly, but not only, touch-screen tablet-type mobile devices) which may
be connected to the Internet via the Networks.
User: Refers to a natural person, be it an
adult or a minor who has obtained prior permission from his/her legal
representative, who uses the Service for his/her own needs and for purely
personal, non-commercial purposes.
ARTICLE
2 – PURPOSE
The purpose of these GCU is to lay down the conditions
in which:
-
the Service is
made available to Users;
-
the Users must
use the Service.
ARTICLE
3 – ACCESS TO THE SERVICE
3.1 Technical requirements
In order to be able to use the Service from the
Application, the User must have an Android device and have subscribed to a
’data’ option in his/her mobile phone subscription, regardless of the mobile
phone operator with which the User has taken out his/her subscription.
3.2
Activation of the Service
The User undertakes to ensure that the information
communicated and recorded during activation is reliable and accurate and that
it is constantly updated.
ARTICLE
4 - COST OF THE SERVICE
The Service is provided by ORANGE LABS free of charge
(excluding (i) mobile phone subscription costs (ii) charges for connection and
access to the Internet network).
ARTICLE
5 – RESPONSIBILITY AND GUARANTEES OF THE USER
The User undertakes to inform ORANGE LABS of any
unauthorised use of his/her account, or any other threat to the security of
his/her account.
The User guarantees (i) that he/she does not live in a
country that is the subject of an embargo by the United States government or
that is designated by the United States government as a ‘terrorist supporting country’ and (ii) that he/she does not feature
on a list of ‘prohibited or restricted
parties’ established by the United States government.
The User guarantees that he/she will comply with the
terms of any contracts agreed with third parties that are applicable within the
context of use of the Application. In particular, the User must check that
he/she is not in violation of the terms of his/her (voice/data) subscription
with his/her mobile phone operator.
ARTICLE
6 - RESPONSIBILITY OF ORANGE LABS
ORANGE LABS is responsible for implementing the
necessary resources for the correct operation of the Service and shall take the
measures necessary to maintain the continuity and quality of this Service.
In order to continue to benefit fully from the
Service, the User may have to download the updates proposed by ORANGE LABS
when they are made available. In this respect, any Application downloaded by a
User is valid for a limited time only, given these updates and the potential
technical, legislative or regulatory changes over which ORANGE LABS has
no control. ORANGE LABS in no way guarantees that the Service and/or Application
are error-free or suited to the specific needs of the User.
ARTICLE 7 –
SUSPENSION AND TERMINATION
ORANGE LABS reserves the right to stop providing the
Service in the application store of GOOGLE INC, Android Market without prior notice and without paying
any indemnity. Similarly, ORANGE LABS may permanently stop
providing the Service to Users.
ARTICLE
8 - DATA
The User is solely responsible for the data that
he/she communicates through the Service and declares that the data provided are
perfectly accurate and complete. The data collected as part of the Service are
processed and used for the purposes of providing the Service.
ORANGE LABS holds and keeps the identification data of
its Users in accordance with the regulations in force. It may have to communicate
information about the User if so requested by the courts. Throughout the entire
period of use of the Service and for all evidential purposes, the data
concerning the User and the use of the Service are kept and archived
confidentially by ORANGE LABS, in accordance with the legal provisions.
The User may request any related information by
contacting ORANGE LABS in accordance with the provisions of Article 11 below.
ARTICLE 9 -
INTELLECTUAL PROPERTY
9.1 Rights of
the User
The User is and remains the owner of the data in the
Account and the messages sent and received by the User.
9.2 Rights of ORANGE LABS
ORANGE LABS is and remains the owner of its Service,
the Application, software, software applications, graphic guidelines,
trademarks, logos, concepts, technologies, software, databases and content made
available to the Users.
The User recognises that he/she does not acquire any
intellectual property rights over the elements belonging to ORANGE LABS. He/she
shall also strictly refrain from using these elements for any other purpose
than that set out in these GCU.
Any improvements, updates, derived products or upgrades
concerning the Service, be they performed, created or developed by ORANGE LABS,
are and will remain the property of ORANGE LABS, and you recognise and
expressly accept that any contribution in the form of services, suggestions,
ideas, reports, identification or defects, expenditure, or any other
contribution made by the User shall not confer any right, title or interest in
any of the elements or components of the Service.
9.3 Right of usage (licence)
ORANGE LABS hereby grants the User a non-exclusive,
non-transferrable, revocable right of use, which is valid for the whole world
and cannot give rise to a sub-licence, for the Application and/or the software
components of the Application.
This authorisation is granted for as long as the
Service remains available free of charge and the user uses the Application on a
device compatible with Android operating systems.
This authorisation is subject to compliance with these GCU
and the Usage Rules available in the Android Market Terms of Service.
Authorisation does not authorise you to access or use any
source code of the Application and/or the software components of the
Application.
The User must not:
- Use, copy, modify or distribute
the Application and/or the software components of the Application, except as expressly
authorised in these conditions of use;
- Disassemble, decompile or
translate the Application and/or the software components of the Application,
except as expressly authorised by the applicable laws or regulations;
- Sub-licence or assign the
Application and/or the software components of the Application.
ARTICLE
10 – APPLICABLE LAW AND GENERAL PROVISIONS
If one or more stipulations of the present GCU should
be declared null and void by application of a law or regulation, or as the
result of a definitive decision of a competent jurisdiction, the other
stipulations shall maintain all of their force and scope of applicability.
The stipulations declared null and void shall then be
replaced by stipulations that are closer in content to the initially decided
stipulations.
The parties will not be held responsible, or
considered as having breached these GCU, in the event of any delay or
incomplete performance caused by a case of force majeure as defined by the case
law of the French courts.
These GCU are subject to French law.
Article 11 -
CONTACT
Any claim or challenge concerning the Service must be
sent by email in the ‘Contact us’ section of the Application.
