Terms and conditions

 

PREAMBLE

The LIBON service (hereinafter the “Service”) allows users (hereinafter the “User” or “You”) to make voice calls from the Internet allowing communication with landline or mobile numbers.

This Service is offered by Orange S.A., a public limited company with a capital of 10 595 541 532 Euros, registered on the Paris Companies Register under the number  380°129°866 and whose head office is located at 78 rue Olivier de Serres 75015 Paris, France (“Orange”).

The Service, accessible by downloading the “LIBON” mobile application from mobile commercial sites specified on the Portal, is open to any adult physical person who has subscribed with a mobile telephony operator and who wishes to use the Service for their own needs and in the context of a strictly person and non commercial use.

Access to and use of the Service are subject to these Terms of Use (hereinafter the “ToU”) which the User expressly accepts when registering with the Service.

ARTICLE 1 - DEFINITIONS

In these ToU, the following terms have the meaning given to them in this article, unless there is specification to the contrary:

Application: designates the mobile software application called “LIBON”, available free of charge, giving access to the Service, which the User has chosen to download on their Terminal.

Account:designates the combined set of the User’s MSISDN and their email address with which the Minutes Packs bought by the User will be associated.  

Mobile Operator: designates the mobile telephony operator with which the User has subscribed so as to make and receive telephone calls vie the mobile telephony network of this Operator and including transmission data.

Minutes Pack: designates the minutes of Voip Out communications bought by the User inside the Application.

Portal: designates the Internet site https://www.libon.com from which the User can access the Service.

Networks: designates the electronic communications networks open to the public interconnected and operated by  any operator whatever the technologies or standards used by these networks (cable, satellite, broadband, optical fibre, mobile phone, GPRS, EDGE, UMTS, Wi-Fi, WIMAX and so on).

ServiceorLIBON Service:designates the service called “LIBON”, offering a service of VOIP Out calls as described in article 4 below.

Terminal:designates 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.

VOIP OUT: designates the Libon Service function allowing a User to make a voice call from the Application to a landline or mobile telephone number.

ARTICLE 2 – PURPOSE

These ToU have the purpose of defining the conditions in which:

  • the Service is made available to Users;
  • the Users should use the Service.

ARTICLE 3 – ACCESS TO THE SERVICE

3.1 Technical prerequisites and data consumption:

The creation of the Account is only possible through the means of the Application installed on a Terminal.

The use of the Service can only be realized from the Application.

The User should have an active mobile number with a Mobile Operator to use the Service and should have internet access.

As use of the Service requires computing equipment and specific software as well as access to the Internet and mobile network, the User’s ability to access the Service can be affected by the performance of any of these elements.

The minimum configuration recommended by Orange to use the Service is specified on the Portal and other chains of distribution of the Application. The User recognises and accepts that these technical needs, which can be periodically modified, are their responsibility alone. However, no purchase or acquisition of any other product whatever (including the purchase of Minutes Packs) can be interpreted as procuring or guaranteeing to the User access to the Service.

The use of the Service implies the transmission of data from and to the User’s Terminal, operations liable to be charged for the use of data flows. It is then strongly recommended that the User consult prior to use of the Service the price schedule of their Mobile Operator so as to ensure that any data consumption through use of the Service is not incompatible with a reasonable use of their Terminal. Orange cannot be held liable for excessive data consumption with respect to the terms of access to the Internet network as they have been stipulated between the User and their Mobile Operator. Orange recommends that the User opts for a mobile offer with sufficient capacity and invites the User to approach their Mobile Operator to choose a suitable pricing schedule where this is appropriate.

3.2 Opening an Account and activation of the Service

To access and fully use the Service, the User should register, starting from the Application, by indicating on a registration form the information necessary to the creation of his Account.

The User pledges that the information communicated during their registration is reliable and in accordance with reality and is permanently updated. In the event that the User should provide false, inaccurate or incomplete information, Orange, from when it becomes aware of this, has the right to suppress the Account and terminate these ToU immediately.

The User should moreover be aware of and accept these ToU so as to validate their registration.

ARTICLE 4 - DESCRIPTION OF THE SERVICE

The Service allows the User to use the VOIP Out function. The different possibilities of calling in VOIP Out and the corresponding commercial terms are described in these ToU and/or on the Portal and other marketing supports of the LIBON Application.

Depending on the countries where the Service is available, all or part of the functionality   mentioned above may or may not be provided. The User is invited to refer to the Portal or other marketing supports in order to know exactly the extent of the functionalities offered for each country.

The User is informed and accepts that the list of countries allowing a VOIP Out call to be made is liable to be modified and to evolve. Orange will attempt to inform the Users within a sufficient period of the future non availability of the VOIP OUT service for a given country.

ARTICLE 5 - PRICES

The Libon Application can be downloaded free of charge (apart from possible connection costs), the VOIP Out Service requiring the purchase of Minute Packs.

The content (length, destination and so on) of the Minutes Packs and their terms of use are detailed inside the Application and on the Portal.

The purchase of the Minute Packs is invoiced to the User according to the different invoicing solutions proposed by Orange, in accordance with the general conditions of sale of commercial sites or any other means authorised.

The terms of possible reimbursement are detailed and appear inside the Portal and the Application.

ARTICLE 6 – LIABILITY AND GUARANTEES OF THE USER

The User is asked to show discernment and prudence concerning the information which they access and/or transmit.

The User should also refrain from attempting to mislead third parties by usurping the name or the corporate name of other persons and more particularly by claiming to be an employee of Orange.

The User undertakes not to use in the context of the Service any content, of any kind (text, audio, video and so on), or other data, a malicious programme which would be liable to contain viruses, Trojan horses, worms intended to cause damage, or interfere with the proper functioning of the Service, the Application and/or the Portal.

The User undertakes to alert Orange to any unauthorised use of their Account, or any other breach of the security of the latter.

The User undertakes to use the Service in accordance with the use for which it has been defined and marketed. Any other use is forbidden, notably the marketing of the. The communications made are only authorised between physical persons and for non-lucrative personal use.

The following in particular constitute inappropriate cases of use of the Service and can give rise to the suspension and then termination of the Account:

  • the use of communications for non-personal purposes (notably for purposes of doing business);
  • the use whether paid or not of the Service as a channel of rerouting of communications or of providing contacts;
  • the uninterrupted use of the Service by means notably of an automatic and continuous composition of numbers on the line;
  • the transfer or resale, total or partial, of communications;
  • the mass sending of communications whether automatically or not;
  • the distribution of any virus or computing file designed to limit, interrupt or destroy the network of the Service and/or any terminal or other telecommunications tool;
  • the transmission of elements or data of any kind which would be in violation of the laws and regulations in force, which would present a threatening, shocking or defamatory character or which would breach undertakings of confidentiality;
  • the transmission of any unsolicited or unauthorised advertising, and notably “spam”, as well as any action having as consequence the congestion of the Service and of its network.

VOIP Out communications are only authorised between physical persons, within the limit of 250 different correspondents per month. Each call having a maximum duration of 3 hours.

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

ARTICLE 7 – LIABILITY AND GUARANTEES OF ORANGE

7.1. Limits of liability

Orange cannot be held liable in the event that the data and/or the messages of a User should contain a content which is illicit and/or damaging to the rights of a third party.

Orange will not be held liable for consequences resulting from the unauthorised access by a third party to the Account or more generally of a User because of the negligence of the latter.

Orange is liable for the putting in place of the resources necessary to the proper functioning of the Service and takes the measures necessary to the maintenance of the continuity and quality of this Service.

7.2. Specific limits to emergency calls

“Emergency Calls”designates calls made to hospitals, police services, medical care units or other services which allow connection to an emergency service.

It is specified that the VOIP Out function of the LIBON Application does not replace the mobile telephony service to which the User should have subscribed with a Mobile Operator.

To make an Emergency Call, the User will be redirected to the telephony service of their Mobile Operator. The User is asked to close the LIBON Application so as to directly compose the emergency number by the intermediary of the Mobile Operator. The LIBON Application does not allow the making of an Emergency Call.

Since the transmission and routing of Emergency Calls is not carried out by the LIBON Service, Orange cannot be held liable in the event of non transmission of these Emergency Calls, notably in the event that the Emergency Calls cannot be routed by the Mobile Operator for technical reasons and/or because of the geographical situation of the User.

7.3. Updating

The Service is subject to a regular updating. In this respect, the Application downloaded by a User has a validity limited in time, taking account of these updates and possible technical, legislative or regulatory developments which could force Orange to publish a new version of its Application. Orange does not in any way guarantee that the Service and/or the Application are exempt from error or adapted to the needs of the User.

Any action in liability, loss, or damage resulting from a lack of conformity of the Service or from the non-respect by the Service of any form of guarantee of any kind whatever, will be the sole liability of Orange.

7.4. Specific provisions for sole Users of the iOS (Apple) version of the Application

In the event that the User encounters and notifies the Apple Company of a malfunctioning of the Application, the sole reparation for the latter to all the extent authorised by the law will be the reimbursement of the Application. Orange alone remains liable with respect to the User for all complaints or claims having their origin in the Application (whether it amounts to, without this list being exhaustive, a claim under consumer law or the law of intellectual property) under the terms of the provisions of these ToU.

Orange and the User recognise and accept that the Apple Company and/or its subsidiaries are third party beneficiaries of these ToU and that the company Apple and/or its subsidiaries could oppose to the User the provisions of these ToU in their capacity as third party beneficiaries.

ARTICLE 8 – SUSPENSION – TERMINATION

8.1 Suspension – Termination of ToU

Orange reserves the right to suspend or terminate the execution of these ToU, without notice or indemnity in the event that the User has been responsible for:

  • a breach of their obligations, notably those mentioned in article 6 of this document;
  • any act of hacking or attempt at illicit use of information circulating on the Service or of information stored on the Accounts having as cause or origin the Account of  a User;
  • an act of hacking or attempted hacking of the equipment of the Orange network necessary to the provision of the  Service having as cause or origin the connection with the station used by the User;

If third parties indicate that the User (a) does not respect these provisions and/or (b) makes such use of the Service as is liable to cause damage to third parties and/or (c) makes a use of the Service which would be contrary to good morals or the public order and, in all cases, after an investigation by Orange.

If the details and notably the address of the User as communicated by the latter do not correspond to their effective details.

8.2 Deactivation of the Account at the initiative of the User

The User can deactivate their Account at any time by uninstalling the Application from their mobile terminal.

ARTICLE 9 – AGREEMENT ON PROOF

It is expressly agreed that the Parties can communicate with each other by electronic means for the purposes of the ToU, on condition that the technical security measures intended to guarantee the confidentiality of the data exchanged are put in place.

The two Parties agree that the electronic exchanges exchanged between them validly prove the tenor of their exchanges and where appropriate their undertakings.

ARTICLE 10 – TRANSFERABILITY

The User is forbidden from transferring to a third party any of the rights or obligations they hold under these ToU. In the event of a breach of this ban, beyond the termination of their Account, the User could be liable for the content or any other data put on line or sent from their Account.

ARTICLE 11 – PERSONAL DATA

The User is alone liable for data which they communicate through the Service and states that the data provided is fully informed and correct. The data gathered in the context of the Service is processed and used by Orange in the sole context of the provision of the Service.

In accordance with the law number 78-17 of January 6, 1978 relative to computing, files and freedoms, as modified, the User can at any time access personal information concerning them and held by Orange, and request its modification or suppression, by email addressed to Orange, at the following address: support@libon.com), by providing evidence of their  identity.

Orange holds and conserves the data of identification of its Users in accordance with the regulation in force. Throughout the period of the use of the Service and as a means of evidence, data concerning the User and the use of the Service is conserved and archived confidentially by Orange, in accordance with the legal provisions.

ARTICLE 12 – INTELLECTUAL PROPERTY

12.1 Right of the User

The User is and remains owner of the data they consult or send via the Service and notably the data of the Account.

12.2 Right of Orange

Orange is and remains owner of its Service, the Application, the Portal, software applications, graphic charter, brands, logos, concepts, technology, software, data bases, and content put at the disposal of the Users.

The User undertakes not to use the LIBON brands on any product or support, for any reason whatsoever. The User cannot deduce from the use of the Service any authorisation to use the LIBON brands for any purpose whatsoever.

The User recognises that they acquire no right of intellectual ownership over all the Service component elements which are and remain the property of Orange. They will moreover not formally use them in any context other than that exclusively specified in these ToU.

All improvements, updates, derived products or developments that are realised, created or developed by Orange concerning the Service are and will remain the property of Orange, and the User recognised and expressly accepts that any contribution under the form of services, suggestions, ideas, reports, identification of faults, expenditure, or any other contributions made by the User, do not give or accord any right, title or interest in any of the elements or components of the Service.

12.3 Right of use (licence)

Orange accords to the User by this document a right of use which is non-exclusive, non-transferable, revocable, valid for the entire world and cannot be subject to sub-licensing,  of the Application and/or software components of the Application.

This authorisation is subject to the respect of these ToU.

The authorisation does not authorise the User to access or use any source code of the Application and/or software components of the Application.

The User must not:

  1. use, copy, modify  or distribute the Application and/or software components  of the Application, except as expressly authorised by these Terms of Use;
  2. disassemble, decompile or translate the Application and/or the software components of the Application, except as expressly authorised by the laws or regulations which are applicable;
  3. sub-licence or transfer the Application and/or the software components of the Application.

ARTICLE 13 – APPLICABLE LAW – GENERAL PROVISIONS

If one or several stipulations of these ToU are null or declared to be such in application of a law or regulation or following a definitive decision of a competent court, the other stipulations will keep all their force and their scope.

The stipulations declared null and invalid will then be replaced by stipulations which are as similar as possible in their content to the stipulations initially drawn up.

The parties will not be held liable or considered as having breached these ToU in the event of any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure as defined by the case law of the French courts.

Any claim or dispute relating to the Service should be transmitted by email, under the heading “Contact Us” of the Application.

Except when this is prohibited by an applicable law, these ToU between the Users and Orange are subject to French law, with the exception of their provisions in the area of conflict of laws. Any dispute or claim in application of these ToU between the Users and Orange, or any failure, termination or invalidity of this document will be exclusively subject to the competent courts of the jurisdiction of the Appeal Court of Paris, France.

ARTICLE 14 – CONTACT – CLAIM

Any claim or dispute relating to the Service should be transmitted by email to support@libon.com.

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