SHOP INTELLIGENT

The SHOP INTELLIGENT application offers the possibility to address contextual messages to smartphones according to the zone, the space where they are located. To work, the application uses radio beacons having a 30 meters range, approximately. To receive a message, the IOS smartphone has to have the SHOP INTELLIGENT application installed. The smartphone has to have the Bluetooth service activated and the mobile user must have already opened the application by a double-click on the application icon to enable the access to the location data. From then, by approaching an Orange beacon, the smartphone will display a notification (message with a maximum of 120 characters); this message will be linked to a precise contextual situation of the zone where the user is located.
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ORANGE LABS PRIMEZONE

Terms of Use (GCUs)

SHOP INTELLIGENT Service for Android OS

 

PREAMBLE

The SHOP INTELLIGENT Service allows Users to get contents in connection with the location of the User. The location of the User having a smartphone is detected via beacons and activates automatically the sending of a message, with the User’s consent on a Device compatible with Android OS (the “Service”).

The Service is provided by Orange SA, a French limited company (société anonyme) with capital of 10,595,541,532€, headquartered at 78, rue Olivier de Serres, 75015 Paris, France, with offices at Orange Labs, 38-40 rue du Général Leclerc, 92130 Issy-Les-Moulineaux, France (“Orange Labs”).

The Service accessible via the SHOP INTELLIGENT 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 Romania, in Spain.

Access to and use of the Service are subject to these General Conditions of Use (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 following meanings:

Application: means to the software application titled SHOP INTELLIGENT, which provides access to the Service and is available for free on the GOOGLE Inc, Google Play Store and which the User has chosen to download onto his/her Device for free from the Google Play Store.

Networks: means the electronic communication networks open to the public operated by Orange SA, regardless of the technology or standards used by these networks (cable, satellite, ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi, WIMAX, etc.).  The Service is connected to the Networks.

Device / Devices: means all Android operating system terminal devices (including touch-screen tablet-type mobile devices) which may be connected to the Internet via the Networks.

User: means a natural person, whether adult or a minor who has obtained prior permission from their legal representative to use the Service, who uses the Service for their own needs and for personal, non-commercial purposes.

ARTICLE 2 – PURPOSE

These GCU’s govern Orange Labs’ provision and the User’s use of the Service.

ARTICLE 3 – ACCESS TO THE SERVICE

3.1 Technical Requirements

To use the Service from the Application, the User must have a Device and have subscribed to a data option in their mobile phone subscription, regardless of the mobile operator the User subscribes to.

3.2 Service Activation

The User confirms that the information he or she provides to Orange Labs is continuously reliable, accurate and current.

ARTICLE 4 - COST OF THE SERVICE

Orange Labs provides the Service to the User for free, excluding any mobile phone subscription costs or charges for connection and access to the internet or Networks.

 

ARTICLE 5 – USER OBLIGATIONS

The User will inform Orange Labs of any unauthorised use of his/her account, or any other threat to the security of his/her account.  The User warrants that he/she (i) does not live in a country subject to an embargo by the United States government or is designated by the United States government as a ‘terrorist supporting country’ and (ii) is not on a United States government list of ‘prohibited or restricted parties’.  The User warrants that he/she will comply with the terms of any third-party contracts related to the User’s use of the Application. In particular, the User must confirm that he/she is not in violation of the terms of his/her data or mobile phone subscriptions.

 

ARTICLE 6 - ORANGE LABS’ RESPONSIBILITY

Orange Labs is responsible for providing the resources necessary so that the Service operates correctly. Orange Labs undertakes to maintain the continuity and quality of the Service.

To fully benefit from the Service, the User may need to download the updates Orange Labs provided by Orange Labs as available. Any downloaded Application is only valid for a limited time, and is subject to change based on updates and any new 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 GOOGLE Inc, Google Play Store without prior notice and without penalty. Orange Labs may at any time permanently stop providing the Service.

 

ARTICLE 8 - DATA

The User is solely responsible for the data that he/she provides via the Service and warrants that such data is completely accurate and complete. The data collected by the Service is processed and used for the purposes of providing the Service.

Orange Labs and its third-party partners collect and process the User’s information in compliance with current regulations in order to provide and improve the Service. Orange Labs may be required to share a User’s information if requested by a court of law or governmental authority. During the term of the User’s use of the Service and for purposes of evidence, a User’s data and information concerning the User’s use of the Service are retained and stored in compliance with legal requirements.

The User may contact Orange Labs with any questions regarding Orange Labs’ data retention policies in accordance with Article 11 below.

The geolocation of the User by the Service depends exclusively on the User’s initiative and is based on the GPS chipset data, on the mobile network GSM / 3G data or on the WIFI network data; the geographical address and phone number are used for the Service’s functioning and for the needs of the User and are neither stored nor communicated with whoever.

ARTICLE 9 - INTELLECTUAL PROPERTY

9.1 User Rights

The User is and remains the owner of his or her data and any messages sent or received by the User.

9.2 Orange Labs’ Rights

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 User.

The User agrees that he/she does not acquire any intellectual property rights in Orange Labs’ property. The User shall expressly refrain from using Orange Labs’ property for any purpose other than as set out in the GCU.

Any improvements, updates, derivative works or upgrades regarding the Service, whether performed, created or developed by Orange Labs, are and remain Orange Labs’ property, 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 Licence

Orange Labs hereby grants the User a non-exclusive, non-transferrable, revocable right of use, valid globally, for as long as the Service is available free of charge and the User uses the Application on an Android compatible Device.  The right of use is subject to compliance with these GCU and the GOOGLE Inc, Google Play Store terms of use.

These GCUs do not give the User, with respect to the Application, its source code and/or software components, the right to sublicense, assign, use, copy, modify, distribute, access, disassemble, decompile or translate the Application, except as expressly authorised by applicable law.

 

ARTICLE 10 – APPLICABLE LAW AND GENERAL PROVISIONS

If one or more terms in these GCUs are deemed null and void by application of a law or regulation, or as the result of a final decision of a competent court, the remaining terms continue in full force and applicability.  Any terms deemed null and void shall be replaced by terms similar in content to the invalid terms.

These GCU are governed by French law. The parties will not be held responsible, or considered to have breached these GCU, in the event of any delay or incomplete performance caused by a force majeure as defined by the case law of the French courts.

 

Article 11 - CONTACT

Any claim or dispute concerning the Service must be emailed to Orange Labs in the ‘Contact us’ section of the Application.

 

ORANGE LABS PRIMEZONE

Terms of Use (GCUs)

SHOP INTELLIGENT Service for APPLE iOS

PREAMBLE

The SHOP INTELLIGENT Service allows Users to get contents in connection with the location of the User. The location of the User having a smartphone is detected via beacons and activates automatically the sending of a message, with the User’s consent on a Device compatible with Android OS (the “Service”).

The Service is provided by Orange SA, a French limited company (société anonyme) with capital of 10,595,541,532€, headquartered at 78, rue Olivier de Serres, 75015 Paris, France, with offices at Orange Labs, 38-40 rue du Général Leclerc, 92130 Issy-Les-Moulineaux, France (“Orange Labs”).

The Service accessible via the SHOP INTELLIGENT 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 Romania, in Spain.

Access to and use of the Service are subject to these General Conditions of Use (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 following meanings:

Application: means the software application titled SHOP INTELLIGENT, which provides access to the Service and which the User has chosen to download onto his/her Device for free from the Apple AppStore.

Networks: means the electronic communication networks open to the public and operated by Orange SA, regardless of the technology or standards used by these networks (cable, satellite, ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi, WIMAX, etc.).  The Service is connected to the Networks.

Device / Devices: means all Apple iOS terminal devices (including touch-screen tablet-type mobile devices) which may be connected to the Internet via the Networks.

User: means a natural person, whether adult or a minor who has obtained prior permission from their legal representative to use the Service, who uses the Service for their own needs and for personal, non-commercial purposes.

ARTICLE 2 – PURPOSE

These GCU’s govern Orange Labs’ provision and the User’s use of the Service.

ARTICLE 3 – ACCESS TO THE SERVICE

3.1 Technical Requirements

To use the Service from the Application, the User must have a Device and have subscribed to a data option in their mobile phone subscription, regardless of the mobile operator the User subscribes to.

3.2 Service Activation

The User confirms that the information he or she provides to Orange Labs is continuously reliable, accurate and current.

ARTICLE 4 - COST OF THE SERVICE

Orange Labs provides the Service to the User for free, excluding any mobile phone subscription costs or charges for connection and access to the internet or Networks.

ARTICLE 5 – USER OBLIGATIONS

The User will inform Orange Labs of any unauthorised use of his/her account, or any other threat to the security of his/her account.  The User warrants that he/she (i) does not live in a country subject to an embargo by the United States government or is designated by the United States government as a ‘terrorist supporting country’ and (ii) is not on a United States government list of ‘prohibited or restricted parties’.  The User warrants that he/she will comply with the terms of any third-party contracts related to the User’s use of the Application. In particular, the User must confirm that he/she is not in violation of the terms of his/her data or mobile phone subscriptions.

ARTICLE 6 - ORANGE LABS’ RESPONSIBILITY

Orange Labs is responsible for providing the resources necessary so that the Service operates correctly. Orange Labs undertakes to maintain the continuity and quality of the Service.

To fully benefit from the Service, the User may need to download the updates Orange Labs provided by Orange Labs as available. Any downloaded Application is only valid for a limited time, and is subject to change based on updates and any new 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.

Orange Labs is solely responsible for any claim for liability, loss or damage resulting from a non-conformity in the Service, or the failure of the Service to comply with any kind of guarantee of any nature whatsoever.

The User and Orange Labs agree and accept that with respect to the operation and use of the Service, Orange Labs, and not Apple, is liable for any claim, made by a User or a third party, for (i) damage caused by things, (ii) violation of an applicable law or regulation, (iii) consumer law and intellectual property law violations.

The User and Orange Labs agree and accept that Apple and its subsidiaries are parties to these GCUs and that, from the moment these GCUs are accepted by the User, Apple may demand that the User fulfil his/her contractual obligations under these GCUs.

ARTICLE 7 – SUSPENSION AND TERMINATION

Orange Labs reserves the right to stop providing the Service in the Apple AppStore without prior notice and without penalty. Orange Labs may at any time permanently stop providing the Service.

ARTICLE 8 - DATA

The User is solely responsible for the data that he/she provides via the Service and warrants that such data is completely accurate and complete. The data collected by the Service is processed and used for the purposes of providing the Service.

Orange Labs and its third-party partners collect and process the User’s information in compliance with current regulations in order to provide and improve the Service.  Orange Labs may be required to share a User’s information if requested by a court of law or governmental authority. During the term of the User’s use of the Service and for purposes of evidence, a User’s data and information concerning the User’s use of the Service are retained and stored in compliance with legal requirements.

The User may contact Orange Labs with any questions regarding Orange Labs’ data retention policies in accordance with Article 11 below.

The geolocation of the User by the Service depends exclusively on the User’s initiative and is based on the GPS chipset data, on the mobile network GSM / 3G data or on the WIFI network data; the geographical address and phone number are used for the Service’s functioning and for the needs of the User and are neither stored nor communicated with whoever.

ARTICLE 9 - INTELLECTUAL PROPERTY

9.1 User Rights

The User is and remains the owner of his or her data and any messages sent or received by the User.

9.2 Orange Labs’ Rights

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 User.

The User agrees that he/she does not acquire any intellectual property rights in Orange Labs’ property. The User shall expressly refrain from using Orange Labs’ property for any purpose other than as set out in the GCU.

Any improvements, updates, derivative works or upgrades regarding the Service, whether performed, created or developed by Orange Labs, are and remain Orange Labs’ property, 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 License

Orange Labs hereby grants the User a non-exclusive, non-transferrable, revocable right of use, valid globally, for as long as the Service is available free of charge and the User uses the Application on an Apple iOS compatible Device.  The right of use is subject to compliance with these GCU and the App Store terms of use.

These GCUs do not give the User, with respect to the Application, its source code and/or software components, the right to sublicense, assign, use, copy, modify, distribute, access, disassemble, decompile or translate the Application, except as expressly authorised by applicable law.

ARTICLE 10 – APPLICABLE LAW AND GENERAL PROVISIONS

If one or more terms in these GCUs are deemed null and void by application of a law or regulation, or as the result of a final decision of a competent court, the remaining terms continue in full force and applicability. Any terms deemed null and void shall be replaced by terms similar in content to the invalid terms.

These GCU are governed by French law. The parties will not be held responsible, or considered to have breached these GCU, in the event of any delay or incomplete performance caused by a force majeure as defined by the case law of the French courts.

Article 11 - CONTACT

Any claim or dispute concerning the Service must be emailed to Orange Labs in the ‘Contact us’ section of the Application.

LEGAL NOTICE for

SHOP INTELLIGENT

 

LEGAL INFORMATIONS

Editor

ORANGE SA

RCS Paris 380 129866

Société anonyme au capital de 10.595.541.532 Euros,

Siège social : 78, rue Olivier de Serres, 75015 Paris

75015 PARIS

N° de téléphone : 01.44.44.22.22

 

Publisher director

Stéphane Richard

 

Hosting services provider

ORANGE SA

Société anonyme

RCS PARIS 380 129 866

Siège social : 78 rue Olivier de Serres, 75015 Paris

N° de téléphone : 01.44.44.22.22

 

Crédits

ORANGE LABS

 

DATA

ORANGE LABS holds and keeps the identification data of its Users in accordance with the regulations in force. Any claim or challenge concerning the Service must be sent by email in the ‘Contact us’ section of the Application.

 

“Logiciel Tiers

Appirater

 

Copyright 2010. Arash Payan. Tout droit réservé.

Appirater est distribué selon les termes de la licence MIT (http://www.opensource.org/licenses/mit-license.php).

 

 

CocoaLumberjack 1.9

Copyright (c) 2010-2014, Deusty, LLC

CocoaLumberjack est distribué selon les termes d’une licence BSD like (https://github.com/CocoaLumberjack/CocoaLumberjack/blob/master/LICENSE.txt) »

LEGAL NOTICE for

SHOP INTELLIGENT android

 

LEGAL INFORMATIONS

Editor

ORANGE SA

RCS Paris 380 129866

Société anonyme au capital de 10.595.541.532 Euros,

Siège social : 78, rue Olivier de Serres, 75015 Paris

75015 PARIS

N° de téléphone : 01.44.44.22.22

 

Publisher director

Stéphane Richard

 

Hosting services provider

ORANGE SA

Société anonyme

RCS PARIS 380 129 866

Siège social : 78 rue Olivier de Serres, 75015 Paris

N° de téléphone : 01.44.44.22.22

 

Crédits

ORANGE LABS

 

DATA

ORANGE LABS holds and keeps the identification data of its Users in accordance with the regulations in force. Any claim or challenge concerning the Service must be sent by email in the ‘Contact us’ section of the Application.

 

Logiciels tiers :  

 Third parties software

Android support library -
http://developer.android.com/tools/support-library/index.html
Copyright (C) 2013 The Android Open Source Project
The android support library is distributed under the terms and conditions of the Apache License, Version 2.0
http://www.apache.org/licenses/LICENSE-2.0

google-gson -
http://code.google.com/p/google-gson
Copyright (C) 2008 Google Inc.
google-gson is distributed under the terms and conditions of the Apache License, Version 2.0
http://www.apache.org/licenses/LICENSE-2.0

OkHttp -
https://github.com/square/okhttp
Copyright (C) 2012 Square, Inc.
OkHttp is distributed under the terms and conditions of the Apache License, Version 2.0
http://www.apache.org/licenses/LICENSE-2.0
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