ORANGE LABS PRIMEZONE
Telephone - Terms and Conditions for Android OS
ORANGE SA a public company with capital of €10,595,541,532, registered with the Trade and Companies Registry of Paris under number 380 129 866, and whose registered office is at 78 rue Olivier de Serres 75015 Paris, France ("ORANGE") is willing to provide the Service described below to the user (the “User”) only upon the condition that the User accepts all of the terms contains in these general terms and conditions (the “GTC”). By using the Application and the Service the User acknowledge that he read these GTC and agrees to them.
The ‘Telephone’ service is a service offering management of outgoing and incoming voice calls with innovative features, connected to the Internet (the “Service”).
Depending on the country where the application is available, it could offer especially:
- unsolicited (Spam) call monitoring and filtering based on number recognition and crowd sourced customer feedback;
- caller identification giving detailed information on incoming calls that are associated with commercial organisations.
The Service, accessible by downloading the mobile application ‘Telephone’ from Android, is open to any individual who has a mobile plan or prepaid with a Mobile Service Providers and wishes to use the Service for his own needs in the context of personal, non-commercial use.
Access to and use of the Service is subject to these General Terms and Conditions (hereinafter the ‘GTC’), which the User expressly accepts when registering for the Service.
ARTICLE 1 - DEFINITIONS
In these GTC, the following terms have, unless otherwise specified, the meanings given to them in this article:
Application: Refers to the mobile software application called ‘Telephone’ giving access to the Service, which the User needs to download to his terminal.
Mobile Service Provider: Refers to the local mobile telephone service to which the User has a prepaid or data plan in order to make and receive phone calls, including data transmission.
Service: Refers to the service called ‘Telephone’ that offers enhanced caller recognition and Spam filtering, as described in section 4 below.
Terminal: Any mobile terminal equipment compatible with the Application. The Terminal shall be connected to the Internet to provide the Service to the User.
User: Refers to a person of legal age registered with the Service, for his own needs, as part of a strictly personal non-commercial use.
ARTICLE 2 - PURPOSE
The purpose of these GTCs is to define the conditions under which:
• The Service is made available to Users;
• Users may use the Service.
ARTICLE 3 - TECHNICAL REQUIREMENTS AND DATA CONSUMPTION
Use of the Service is possible only from a Terminal. The minimum configuration recommended by Orange to use the Service is specified on distribution channels. The User acknowledges and agrees that such system requirements, which may be changed from time to time, are his sole responsibility.
Use of the Service involves the transmission of data to and from the Users’ Terminal, operations which may possibly be subject to charges by the Mobile Service Provider. It is therefore strongly recommended that the User ensure that its prepaid or post-paid data plan is consistent with the use of the Service. Orange cannot be held responsible for excessive data consumption in terms of access to the Internet and mobile network conditions as they were stipulated between the User and the Mobile Service Provider. Orange recommends that the User chooses a mobile service that offers sufficient transfer capabilities and suggests that the User ask his Mobile Service Provider about how to choose a suitable package, where required.
ARTICLE 4 - DESCRIPTION OF THE SERVICE
The Service allows the User:
- to be informed of the probable nature of an incoming call, whether it is unsolicited (spam), a telemarketing call, or a legitimate new caller that is not currently in the User’s Terminal address book.
- to be informed of the identity and business type of an incoming call when it is from a commercial organisation based on a third party directory service.
Depending on the Users’ location and/or Mobile Network Operator, any or all of the above features may or may not be provided.
ARTICLE 5 - RATES
The Service is provided free of charge but does not include mobile communication fees and access to the Internet when the User makes use of the Service.
When the User is travelling (‘roaming’), it may be subject to additional charges from their Mobile Service Provider for data usage. It is the User’s responsibility to ensure with their Mobile Service Provider to see whether they have a package allowing data usage from abroad.
ARTICLE 6 – QUALIFICATION
After hanging up an incoming phone call on its Terminal, User will be asked to provide a qualification to this call: either “spam”, “telemarketing” or “ok” (hereafter “Qualification”). Such Users’ Qualification will be used by Orange in order to inform any other Users of the incoming call’s Qualification.
ARTICLE 7 - LIABILITY AND USER'S GUARANTEES
7.1. The User is asked to exercise discretion and caution regarding the Qualification transmitted to Orange. The User will be solely liable and responsible for any Qualification sent to Orange. Orange cannot monitor or verify such Qualification.
7.2 The User agrees to notify Orange of any unauthorized use of the Application or any other breach of security involving it.
The User agrees that all Qualification sent to Orange remains the property of Orange and will be retained in the event of that the User uninstall the Application and stop using the Service.
The User agrees to use the Service in accordance with the purpose for which it was defined and marketed. Misappropriation of use is prohibited, especially commercial use of the Service. The following, in particular, are cases of inappropriate use of the Service:
- the use of Service for purposes other than personal use (particularly for the purpose of carrying on business);
- sale or resale, total or partial, of callers Qualifications;
- deliberately tag Qualification of legitimate callers as malicious callers in order to have them flagged as Spam to other Users.
ARTICLE 8 - LIABILITY AND WARRANTIES OF ORANGE
UNLESS SPECIFIED EXPLICITELY IN THESE GTC, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ORANGE CANNOT BE HELD RESPONSIBLE IN THE EVENT THAT CALLER’S QUALIFICATION IS WRONG, INACCURATE, MISLEADING, CONTAINS ILLEGAL CONTENT AND/OR VIOLATE THE RIGHTS OF THIRD PARTIES.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORANGE BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ORANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 9 - TERMINATION
9.1 Termination by User
User may terminate these GTC at any time by uninstalling the Application from its Terminal.
9.2 Termination by Orange
Orange is free to end the Service at any time. In such case, Orange will make its best effort to inform User before the Service is terminated.
ARTICLE 10 -AGREEMENT ABOUT EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the needs of the GTC, provided that technical security measures to ensure the confidentiality of data exchanged are in place.
Both parties agree that the electronic exchange carried on between them validly represents the content of their exchanges and, where applicable, of their commitments.
ARTICLE 11 - ASSIGNABILITY
It is prohibited for the User to assign to a third party any rights or obligations he holds under these GTC. In case of breach of this prohibition, besides the blocking of access, the responsibility of the User may be incurred because of the contents or other data posted online or sent via his Application.
ARTICLE 12 - PERSONAL DATA
User is informed and agrees that for the sole provision of the Service, when a Qualification is transmitted, Orange collect the User’s UCCID, which is the SIM card ID, containing the country code, the operator code and an identifier of the SIM card.
ARTICLE 13 - INTELLECTUAL PROPERTY
Qualification submitted by User to the Service is owned by Orange
Orange is and remains the owner of its Service, the Application, software, software applications, graphics, trademarks, logos, designs, technology, software, databases and content made available to Users.
The User acknowledges that he does not acquire any intellectual property rights over elements belonging to Orange. This is also forbidden for use in another context than that exclusively provided in these GTC.
All upgrades, updates, derivatives, developments, whether made, created or developed by Orange in connection with the Service are and shall remain the property of Orange, and the User expressly acknowledges and agrees that any contribution in the form of services, suggestions, ideas, reports, identification or defects, expenditure, or any other contribution made by the User, does confer any right, title or interest in any of the elements or components the Service.
13.3 LICENSE TO USE
Subject to the terms and conditions of these GTC, Orange grants the User a non-exclusive, non-transferable, limited license without license fees to reproduce and use the Application complete and unmodified on its Terminal for the sole purpose of using the Service.
This permission does not authorize the User either to access or use any source code for the Application and/or software components of the Application.
The User shall not:
- use, copy, modify or distribute the Application and/or software components of the Application except as expressly permitted by these GTC;
- disassemble, decompile or translate the Application and/or software components of the Application except as expressly permitted by the laws or regulations applicable;
- sublicense or lease the Application and/or software components of the Application
ARTICLE 14 - APPLICABLE LAW - GENERAL PROVISIONS
If one or more provisions of this agreement are held to be invalid or are declared as such by law or a regulation or as the result of a legal decision made by a competent legal authority, the other stipulations will retain their full force and effect.
The stipulations declared null and invalid will then be replaced by stipulations that will approach most closely the content of the originally agreed stipulations.
The parties will not be held liable or deemed to have breached these GTC for any delay or failure if the cause of the delay or failure was due to force majeure as defined by the case law of French courts.
Any claim or dispute relating to the Service must be sent by e-mail via the ‘Contact us’ menu of the Application.
Except where prohibited by applicable law, the GTC between Users and Orange are subject to French law, with the exception of the provisions on conflict of laws. Any dispute or claim under these GTC between Users and Orange, or breach, termination or invalidity hereof shall be subject exclusively to the competent courts of the Court of Appeal of Paris, France.
ARTICLE 15 - CONTACT - CLAIM
Any claim or dispute relating to the Service must be sent by e-mail via the ‘Contact us’ menu of the Application.
© ORANGE. All rights reserved 2016
Telephone - Terms and Conditions APPLE iOS
The Telephone Service allows Users to manage out coming and incoming voice calls with innovative features (the "Service"). Depending on the country where the application is available, it may offer:
• Monitoring and filtering of unsolicited calls (spam) based on recognition of the number and shared information of Users' reports;
• Caller ID giving detailed information about incoming calls that are associated with business organizations.
After hanging up an incoming telephone call on his Device, the User will be asked to provide a qualification for this call: "malicious", "telemarketing" or "acceptable" (hereinafter "Qualification"). User Qualification will be used by Orange Labs to inform other Users of the Qualification of the incoming call.
Depending on the location of the User and / or the Mobile Network Operator, one or all of the above features may not be provided.
The service, accessible by downloading the "Telephone" mobile application for IOS, is open to any person holding an Apple IOS Terminal who has a mobile or prepaid plan with a Mobile Service Provider and wishes to use the Service for its own needs in the context of strictly personal and non-commercial use.
The Service is provided by Orange SA, a French limited company (société anonyme) with capital of 10.640.226.396 €, headquartered at 78, rue Olivier de Serres, 75015 Paris, France, with offices at Orange Labs Labs, 40-48, Avenue de la République, 92320, Châtillon, France (“Orange Labs Labs”).
The Service is provided free-of-charge, without any limitation territory.
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.
THE USER AGREES NOT TO USE THE SERVICE FOR ILLEGAL USE OR PROHIBITED BY THESE CGU OR ANY APPLICABLE LAW.
ARTICLE 1 - DEFINITIONS
In these GCU, the following terms shall, unless otherwise stated, have the following meanings:
Application: means the software application titled Telephone, 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 Labs 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 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.
The responsibility of Orange Labs Labs will in no case be accepted if the User is unable to access the service due to the performance and / or technical capabilities of the Device and or internet.
3.2 Service Activation
The User confirms that the information he or she provides to Orange Labs Labs is continuously reliable, accurate and current.
ARTICLE 4 - COST OF THE SERVICE
Orange Labs 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.
When the User travels ("roaming"), he may be subject to additional charges from his Mobile Service Provider for the use of the data. It is the responsibility of the User to ensure with its Mobile Services Provider that it has a fixed charge allowing the use of data from abroad.
ARTICLE 5 – USER OBLIGATIONS
5.1 Unauthorized use of account
The User will inform Orange Labs Labs of any unauthorised use of his/her account, or any other threat to the security of his/her account.
The User is required to exercise discretion and caution regarding the Qualification transmitted to Orange Labs. The User will be solely responsible for any Qualification sent to Orange Labs. Orange Labs cannot monitor or verify this qualification.
The User accepts that any Qualification sent to Orange Labs remains the property of Orange Labs and will be retained in case the User uninstalls the Application and ceases to use the Service.
5.3 Intended use of the Service
The User agrees to use the Service in accordance with the purpose for which it was defined. Misappropriation of use is prohibited, in particular commercial use of the Service. These include instances of inappropriate use of the Service:
• use of the Service for purposes other than personal use (especially for commercial purposes);
• the deliberate Qualification of legitimate callers as malicious callers in order to make them known as spam to other Users.
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’.
5.5 Compliance with third parties contracts
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 LABS’ RESPONSIBILITY
6.1 Resources necessary for the running of the Service
Orange Labs Labs is responsible for providing the resources necessary so that the Service operates correctly. Orange Labs 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 Labs provided by Orange Labs 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 Labs has no control.
6.3 Providing the Service
Orange Labs 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 SHALL NOT BE RESPONSIBLE IF THE QUALIFICATION OF THE APPEAL IS ERRONED, IMPRESSED, MISLEADED, CONTAINS ILLEGAL CONTENT AND / OR VIOLATES THIRD PARTY RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORANGE LABS BE LIABLE FOR ANY LOSS OF SPECIAL, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE INCOME, PROFITS OR DATA OR DAMAGES, IN ANY MANNER INCLUDING, BUT NOT LIMITED TO, THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE EVEN IF ORANGE LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 Responsibility towards Apple
Orange Labs 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 Labs agree and accept that with respect to the operation and use of the Service, Orange Labs 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 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 Labs reserves the right to stop providing the Service in the Apple AppStore without prior notice and without penalty. Orange Labs Labs may at any time permanently stop providing the Service.
Upon termination, the User will still be bound by the guarantees made and by the exclusions and limitations of Orange Labs Labs liability. In addition, Orange Labs Labs will not be liable to Users or any third party for any termination of access to 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.
The User is informed and accepts that, for the sole performance of the Service, when a Qualification is transmitted, Orange Labs collects the UCCID of the User, which is the ID of the SIM card, containing the country code, operator code and an identifier of the SIM card.
Orange Labs 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 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 Labs with any questions regarding Orange Labs Labs’ data retention policies in accordance with Article 11 below.
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 Labs’ Rights
The Qualification submitted by the User to the Service is the property of Orange Labs.
Orange Labs 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 Labs’ property. The User shall expressly refrain from using Orange Labs 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 Labs, are and remain Orange Labs 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.
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, dispute concerning the Service, request to access, rectify or delete personal data, must be emailed to Orange Labs Labs in the ‘Contact us’ section of the Application.