Terms and conditions of use

PREAMBLE

LIBON (the “Service”) enables any user who has created an account on the “LIBON” mobile application (the “Customer”) to alternatively (i) make outgoing voice calls over the internet to fixed or mobile numbers, (ii) make telephone credit transfers to pay all or part of a correspondent’s prepaid telephone bill, (iii) transfer to a correspondent a volume of data expressed in gigabytes (GB) to enable them to access the internet, or (iv) credit a third party’s account with their electricity supplier, under the terms and conditions set out below. 

The Service is offered by Libon S.A.S., a Société par Actions Simplifiée with a share capital of EUR 40,200 registered in Paris (France) under company number 841 292 691, whose registered office is located at 23 rue d'Anjou, 75008 PARIS (France), represented by its President (“Libon”).

The Service is offered by Libon S.A.S., a Société par Actions Simplifiée with a share capital of EUR 40,200 registered in Paris (France) under company number 841 292 691, whose registered office is located at 23 rue d'Anjou, 75008 PARIS (France), represented by its President (“Libon”).

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 TCU, Libon and the Customer may 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 software application available free of charge, and giving access to the Service, downloaded by the Customer onto their Terminal. The Products can only be purchased via the Application.

Customer: means any natural person who has created an Account on the Application.

Account: means the Customer’s Account created via the Application. To create an Account, the Customer must provide their MSISDN (i.e.., telephone number),) which will then be associated with the Products they purchase.

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

Packs of minutes: means the minutes of Voip Out communication available for purchase, giving access to the Service.

Electricity Payment: refers to the Libon Service function via which the Customer 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, i.e. packs of minutes, Credit Transfers, Money Transfers or Gigabyte Transfers, or Electricity Payments

Portal: means the website https://www.libon.com. The Portal is a showcase website on which Products cannot be ordered.

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: means any mobile terminal connected to the internet via the Networks, compatible with the operating systems listed on the Portal, on which the Application is installed.

Money Transfer: refers to the Libon Service function via which the Customer can transfer sums of money to a third party. The Money Transfer function is implemented by MPS, a société par actions simplifiée (simplified joint stock company) registered in Paris (France) under company number 951 325 729, whose registered address is 4 boulevard Montmartre, 75009 Paris (France), approved by the financial market regulation authority Autorité de Contrôle Prudentiel et de Résolution (ACPR) as a payment institution under number CIB 17738, with Libon acting as an agent of a payment services provider registered with the ACPR.

Credit Transfer: refers to the Libon Service function via which the Customer can transfer telephone credit in foreign currency to a correspondent to enable them to pay all or part of their prepaid telephone bill to their telephone operator.

Gigabyte Transfer: refers to the Libon Service function via which the Customer can send to a correspondent a volume of data enabling them to access the internet and use the associated communication services

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

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2 – PURPOSE

The purpose of these TCU is to define the terms and conditions under which the Service is provided and made available to Customers, 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 Portal and the Application. The version of the TCU applicable to a transaction is that in force on the date the order is placed.

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3 – DESCRIPTION OF THE SERVICE

The Service enables Customers to purchase one or more Products from Libon's product offering via the Application and then use the functionalities of the Product(s) concerned. On the date of issuance of<br>these TCU, the Service includes the following Products:

3.1 VOIP OUT

The Service enables Customers 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 Customers 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 (two hundred and fifty) different correspondents per month, unless otherwise specified in the minute pack(s) purchased. Each call has a maximum duration of 3 (three) consecutive hours. If the call has been interrupted, the Customer 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 Credit transfer

The Service enables Customers to transfer to a correspondent (whose telephone 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 Customer.

3.3 Money transfer

The Service enables Customers to transfer sums of money to a correspondent whose telephone number they have. The Money Transfer function is implemented by MPS, a société par actions simplifiée (simplified joint stock company) registered in Paris (France) under company number 951 325 729, whose registered address is 4 boulevard Montmartre, 75009 Paris (France), approved by the financial market regulation authority ACPR (as defined above) as a payment institution under number CIB 17738, with Libon acting as an agent of a payment services provider registered with the ACPR.

To use the Money Transfer function, the Customer must first agree to the MPS’ terms and conditions of use. The Customer then becomes a customer of MPS.

3.4 Gigabyte transfer

The Service enables customers 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 prior notice and without entitlement to compensation for the Customer.

3.5 Electricity payment

The Service enables customers for correspondents whose telephone number they have, to credit that correspondant's account with Libon partner electricity supplier. The list of electricity suppliers and countries concerned may be modified without notice and without entitlement to compensation for the Customer.

3.6 Provisions applying to all products

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

Therefore, customers 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 Customer 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 Customer's orders if they are unusual (e.g quantity of Products ordered).  

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

4 – ACCESS TO THE SERVICE

To be able to use the Service, customers must have an active mobile telephone number with a Mobile Operator, access to the mobile internet, a compatible Terminal and the Application.

Accordingly, the Customer acknowledges 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 Customer 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 Customer’s Terminal, and this use of data may be subject to payment. The Customer 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 Customer and their Mobile Operator. 

The Customer 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 Customer'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 Creating an Account

To be able to use the Service, the Customer 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. 

The Customer undertakes to ensure that the information they provide when they create their Account is reliable, accurate and permanently kept up to date. If the Customer provides false, inaccurate, or incomplete information, or if they do not keep it up to date after creating their Account, 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 Customer is responsible for the use of his Account.

4.2 Placing an order

The Customer may view the various Products offered for sale by Libon by visiting the Portal and/or the Application, without being bound by an order.

The Products offered for sale by Libon are those listed on the Portal and on the Application on the day they are consulted by the Customer, enabling access to the Service for one or more destinations in the countries listed.

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

Product orders can only be placed via the Application.

The Products are invoiced to the Customer at the prices in force as communicated to the Customer prior to placing the order. Prices are expressed in Euros, including VAT, or in the currency communicated to the Customer prior to order confirmation.

Libon reserves the right to modify its prices at any time on the Portal or on the Application. Products will be invoiced on the basis of the prices in effect at the time the order is validated by the Customer.

4.2.1 Purchase of Packs of Minutes

Once the Application has been installed on the Terminal and the Account has been created, the Customer can purchase Packs of minutes directly via the Application using his/her bank card.

The customer selects the product of interest and is redirected to the account login stage. They are asked to enter their telephone number, to which a code will be sent by SMS. The Customer must then enter the code received in the box provided. If identification is successful, the Customer is then directed to the final payment stage.

Once identified, a summary of the Customer's order appears, specifying the nature, quantity, destination and price of the Product selected by the Customer.

Once the Customer is aware of this information, the Customer may validate the order by proceeding to payment. Unless the server is unavailable, payment will be made immediately over the Internet by credit card. Libon accepts most international credit cards, in particular Visa and Mastercard.

It is specified that for greater simplicity, the Customer may, if he/she so wishes, record the 16 numbers of the bank card and its expiry date on the Application in connection with his/her Account. The backup, processing and confidentiality of this data will be carried out by Braintree, Libon's subcontractor. Under no circumstances will this data be used for any purpose other than that specified herein, i.e. payment of the Customer's order.

At the end of the order process, any order validation implies the Customer's unreserved acceptance of the General Terms and Conditions.

As soon as the Customer validates his/her payment by credit card and payment is accepted, the order is confirmed and becomes irrevocable (the order will be recorded on Libon's computer registers, which are themselves kept on a reliable and durable medium, and will be considered as proof of the contractual relations between the Parties). A confirmation SMS will be sent to the Customer, summarizing the information relating to the order.

In any event, Libon reserves the right to refuse any order or delivery in the event of I) an existing dispute with the Customer, II) total or partial non-payment of a previous order by the Customer, III) refusal to authorize payment by credit card by banking institutions, IV) non-payment or partial payment of the order. Libon cannot be held liable in such cases.

The Products purchased and for which payment has been validated are then immediately made available to the Customer.

Pursuant to Articles L221-18 et seq. of the French Consumer Code, the Customer has 14 days from the date of validation of the order to notify Libon of his/her intention to withdraw.

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

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 accordance with the same article, the Customer acknowledges that he expressly waives his right of withdrawal from the moment he uses all or part of the voice minutes contained 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?

In the event that the Customer has not begun to use the Products and has sent his/her request for withdrawal to Libon within the time limits indicated above, the Customer will be reimbursed within 14 days following the date on which Libon becomes aware of the Customer's exercise of his/her right of withdrawal, using the same means of payment as that used by the Customer for the transaction.

4.2.2 Transfer of telephone credit

In order to transfer phone credits to a specific correspondent, the Customer must open the Application and select the "Libon Transfer" service. After choosing a telephone number from their contact list, or entering a new number which they have checked contains no errors, the Customer must choose the amount of telecommunication credit to be sent from the various amounts offered. These amounts, expressed inclusive of all taxes, may be modified without prior notice and without right to compensation. The beneficiary, automatically identified by his telephone operator provided the number is correct, receives the credit sent by the Customer almost immediately. This credit will appear on the recipient's telephone bill.

The transaction can only be completed if the Customer provides the telephone number of a correspondent. This number will be used by Libon solely for the purpose of transferring the telephone credit, in accordance with these General Terms and Conditions. The Customer warrants to Libon that he/she has the right to enter this telephone number.

The Customer must also enter his/her billing details (first name, surname, e-mail address, postal address). The Customer must then accept these General Terms and Conditions, and pay the indicated price by credit card or Bancontact. All personal data communicated by the Customer when placing the order described above is collected and processed by Libon in accordance with the terms of the personal data processing policy, which can be consulted at any time on the Portal at the following address: https://www.libon.com/fr/Vie-privee.

By confirming the purchase of credit, the Customer irrevocably authorizes Libon to credit the correspondent's telephone account on his/her behalf. In accordance with the provisions of article L.133-8 of the French Monetary and Financial Code, the commitment to pay given by bank card is irrevocable, and the Customer expressly authorizes Libon to debit his/her bank card for the amount indicated. If the Customer's bank card cannot be debited, the transaction will not be completed and the Customer will have to restart 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 Customer acknowledges that the service will be provided in full as soon as the order has been 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 L221-28 OF THE FRENCH CONSUMER CODE, THE RIGHT OF WITHDRAWAL IS EXCLUDED IN THE CASE OF MOBILE CREDIT TRANSFERS, PROVIDED THAT THE SERVICE CONTRACT IS FULLY EXECUTED BEFORE THE END OF THE WITHDRAWAL PERIOD. THE CUSTOMER DECLARES THAT HE/SHE IS AWARE THAT THE RIGHT OF WITHDRAWAL IS EXCLUDED.

4.2.3 Money transfer

To transfer sums of money to a third party, the Customer must open the Application and select the "Libon Money 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 money to be sent. The beneficiary, who is automatically identified by their telephone operator – provided that the number is correct, receives the sum of money sent to them by the Customer almost immediately.

The transaction only takes place if the Customer indicates a correspondent’s telephone number. The telephone number is solely used for the purpose of transferring the relevant sum of money, in accordance with these TCU. The Customer warrants to Libon that they have the right to enter the telephone number concerned.

The Customer must also enter their billing information (first name, name, email address, postal address). The Customer must then accept these TCU and the TCU of the payment service provider – MPS, and pay the price indicated by bank card or Bancontact. Libon collects and processes the personal data provided by the Customer 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  money transfer  , the Customer irrevocably authorises Libon to credit, on their behalf, the relevant sum of money to their correspondent. In 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 Customer expressly authorises Libon to debit their bank card with the amount indicated. If the Customer's bank card cannot be debited, the transaction will not be completed, and the Customer will have to reinitiate the purchase process.

The Money Transfer is implemented by MPS, a société par actions simplifiée (simplified joint stock company) registered in Paris (France) under company number 951 325 729, whose registered address is 4 boulevard Montmartre, 75009 Paris (France), approved by the financial market regulation authority ACPR as a payment institution under number CIB 17738, with Libon acting as an agent of a payment services provider registered with the ACPR. For the purposes of the Money Transfer, Libon acts as an accredited agent of MPS.

The Customer can request a refund of the sums paid via the Money Transfer function from Libon – as long as their identity has not been checked, or from MPS – as long as the funds have not been withdrawn by the recipient, in accordance with MPS’ terms and conditions. 

4.2.4 Gigas transfer

In order to transfer gigas of data, the Customer must open the Application and select the "Libon Transfer" service. After choosing a telephone number from their contact list, or entering a new number which they have checked contains no errors, the Customer must choose the volume of data to be sent from the various volumes on offer. These volumes, expressed in gigabytes (GB), may be modified without prior notice and without entitlement to compensation. The beneficiary, who is automatically identified by his or her telephone operator provided the number is correct, receives the volume of data sent to him or her by the Customer almost instantaneously.

The transaction can only be completed if the Customer provides the telephone number of a correspondent. This number will be used by Libon solely for the purpose of transferring the data volume in accordance with these General Terms and Conditions. The Customer warrants to Libon that he/she has the right to enter this telephone number.

The Customer must also enter his/her billing details (first name, surname, e-mail address, postal address). The Customer must then accept these General Terms and Conditions, and pay the indicated price by credit card or Bancontact. All personal data communicated by the Customer when placing the order described above is collected and processed by Libon in accordance with the terms of the personal data processing policy, which can be consulted at any time on the Portal at the following address: https://www.libon.com/fr/Vie-privee.

By confirming the purchase of the credit, the Customer irrevocably authorizes Libon to credit, on his/her behalf and for his/her account, the data envelope of his/her correspondent. In accordance with the provisions of article L.133-8 of the French Monetary and Financial Code, the commitment to pay given by bank card is irrevocable, and the Customer expressly authorizes Libon to debit his/her bank card for the amount indicated. If the Customer's bank card cannot be debited, the transaction will not be completed and the Customer will have to restart the purchase process.

Gigabyte transfers can only be used to send a volume of data to one of Libon’s partner telephone 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 Customer acknowledges that the service will be provided in full as soon as the order has been 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 operator concerned.

IN ACCORDANCE WITH ARTICLE L221-28 13° OF THE CONSUMER CODE, THE RIGHT OF WITHDRAWAL IS EXCLUDED IN THE CASE OF THE TRANSFER OF GIGAS, PROVIDED THAT THE CONTRACT FOR THE SUPPLY OF THE SERVICE IS FULLY EXECUTED BEFORE THE END OF THE WITHDRAWAL PERIOD. THE CUSTOMER DECLARES THAT HE/SHE IS AWARE THAT THE RIGHT OF WITHDRAWAL IS EXCLUDED.

4.2.5 Electricity bill payment

The Customer has the option of crediting the account of a third party who has an electricity supply contract with a Libon partner supplier. To do so, the Customer must open the Application and select the "Electricity Payment" service, enter the amount he/she wishes to credit, as well as the telephone number of his/her correspondent, either from his/her existing contact list, or a new number that he/she has checked contains no errors.

The Service generates a code that the customer must pass on to his correspondent, who must then enter this code on the box provided by his electricity supplier in order to be able to credit his account.

Amounts are tax inclusive.

The transaction can only be completed if the customer enters the telephone number of a correspondent, who will then be added to his contacts. The number will then be used to transfer the credit, in accordance with these General Terms and Conditions. The Customer warrants to Libon that he/she has the right to enter this telephone number.

The Customer must also enter his billing details (first name, surname, e-mail address, postal address). The Customer must then accept these General Terms and Conditions, and pay the indicated price by credit card or Bancontact. All personal data communicated by the Customer when placing the order described above is collected and processed by Libon in accordance with the terms of the personal data processing policy, which can be consulted at any time on the Portal at the following address: https://www.libon.com/fr/Vie-privee.

By confirming the purchase of the credit, the Customer irrevocably authorizes Libon to generate the code which will then enable the Customer's correspondent to credit the Customer's account with the electricity supplier. In accordance with the provisions of article L.133-8 of the French Monetary and Financial Code, the commitment to pay given by bank card is irrevocable, and the Customer expressly authorizes Libon to debit his/her bank card for the amount indicated. If the Customer's bank card cannot be debited, the transaction will not be completed and the Customer will have to restart 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 Customer acknowledges that the service will be provided in full as soon as the order has been validated.

In the scope of Electricity Payments, Libon does not act as a telephone operator and is not 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 L221-28 OF THE CONSUMER CODE, THE RIGHT OF WITHDRAWAL IS EXCLUDED IN THE CASE OF PAYMENT FOR ELECTRICITY, PROVIDED THAT THE CONTRACT FOR THE SUPPLY OF THE SERVICE IS FULLY EXECUTED BEFORE THE END OF THE WITHDRAWAL PERIOD. THE CUSTOMER DECLARES THAT HE/SHE IS AWARE THAT THE RIGHT OF WITHDRAWAL IS THUS EXCLUDED.

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ARTICLE 5 - CUSTOMER LIABILITY AND GUARANTEES

The Customer is requested to exercise discernment and caution with respect to the information accessed and/or transmitted through the Service. The Customer agrees not to attempt to mislead third parties by usurping the name or corporate name of others, and in particular by impersonating an employee of Libon. The Customer agrees to notify Libon of any unauthorized use of the Customer's Account or any other breach of security.

The Customer undertakes to use the Service only for lawful purposes and in compliance with applicable legislation and acknowledges that it is forbidden to communicate or transmit any illegal content via this Service, on pain of being exposed to civil and/or criminal liability.

The Customer undertakes to use the Service in accordance with the purpose for which it was defined and marketed, and refrains from making any inappropriate use of the Service.

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.

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6 – LIABILITY AND UNDERTAKINGS OF LIBON

Libon undertakes to deliver to the Customer a Product free of any third-party rights, the characteristics of which (quantity, duration, destination) comply with the Customer's order. If Libon fails in its obligation to deliver in conformity, the Customer will be entitled to request compulsory execution of the sale or its resolution, in accordance with article 1610 of the French Civil Code.

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 malfunction of the Application and/or the Service preventing the use of the Products purchased, the Customer may (i) send a request for reimbursement to Apple Store or Google Play in accordance with the conditions provided for this purpose and/or (ii) send a complaint to Libon at the following address 23 rue d'Anjou 75008 PARIS (France) or by mail to support@libon.com or contact Libon via Facebook at http://www.facebook.com/libon.fr or via X (ex-Twitter) at http://x.com/Libon.

Libon and its staff respect the confidentiality of Customer correspondence. Secrecy covers the content of correspondence and the identity of correspondents.

6.1. Limitations of liability

In addition to the limitations set forth in these Terms and Conditions for each type of Product, Libon does not warrant that the Service and/or the Portal and/or the Application are error-free or suitable for the Customer'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.

Libon cannot be held responsible in the event that a Customer's data and/or messages contain illegal content and/or infringe the rights of a third party. Libon is not responsible for the use of telephone credits or data volumes.

Libon shall not be liable for any consequences resulting from unauthorized access to a Customer's Account by a third party due to the Customer's negligence. The Customer agrees to immediately notify Libon of any unauthorized use of his/her Account and of any security breach concerning his/her Account.  

Libon is not responsible for the operation of the Money Transfer function, implemented by the MPS company in accordance with the terms of article 4.2.3 above.

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 is specified that the VOIP Out function of the LIBON Application does not replace the mobile telephone service to which the Customer must have subscribed with a Mobile Operator.

To make an Emergency Call, the Customer will be redirected to the telephone service of his Mobile Operator. The customer is invited to close the Application in order to dial the emergency number directly via the Mobile Operator. The Application cannot be used to make an Emergency Call.

As the transmission and routing of Emergency Calls is not carried out by the Service, Libon cannot be held responsible in the event of non-transmission of such Emergency Calls, in particular in the event that Emergency Calls cannot be routed by the Mobile Operator for technical reasons and/or the Customer's geographical location.

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7 – SUSPENSION – TERMINATION – RENEWAL

7.1. Suspension – Termination of the TCU

Libon reserves the right to suspend or terminate the execution of these Terms and Conditions and, consequently, the Customer's Account, or to delete the corresponding minutes from the Customer's Account, without notice or compensation, in the following cases:

- The Customer (including his Customer Account and/or the connection from his Terminal) is at the origin of a breach of his obligations, in particular those mentioned in article 5 hereof;

- Any act of piracy or attempted illicit use of information circulating on the Service or of information stored on Customer Accounts is caused by or originates from the Customer Account;

- An act of piracy or attempted piracy of the Libon network equipment necessary for the provision of the Service is caused by or originates from the connection with the computer equipment used by the Customer;

- Third parties report that the Customer (a) is not respecting the present stipulations and/or (b) is using the Service in such a way as to cause prejudice to third parties and/or (c) is using the Service in such a way as to be contrary to morality or public order and, in all cases, after investigation by Libon ;

- The contact details and in particular the address communicated by the Customer do not correspond to the Customer's 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 Customer via a payment mechanism has not actually been debited from the Customer's account;

7.2 Account deactivation at the customer's initiative

The Customer may deactivate his Account at any time by uninstalling the Application from his mobile terminal and sending a request to this effect to Libon at support@libon.com or via Facebook at http://www.facebook.com/libon.fr or via X (ex-Twitter) at http://x.com/Libon.

7.3 Renewal

Minute Packs are valid for an initial period of 365 (three hundred and sixty-five) days after purchase.

After the aforementioned period, minute packs are renewable indefinitely, provided that a request is made during the validity period. In order to proceed with such a renewal within the allotted time, the Customer must contact the Libon team at the following address: 23 rue d'Anjou 75008 PARIS or by mail at support@libon.com or via Facebook at http://www.facebook.com/libon or via X (ex-Twitter) at http://x.com/Libon and request reactivation.

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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.

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ARTICLE 9 - NON-TRANSFERABILITY

These General Terms and Conditions are not transferable. Similarly, the Customer may not transfer his Account to a third party.

In the event of a breach of this prohibition, in addition to the termination of his Account, the Customer may be held liable for the content or any other data uploaded or sent via his Account.

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10 – PERSONAL DATA

Concerned about the protection of personal data transmitted by the Customer through the Service, whether by means of the Application or the Portal, Libon has developed a personal data processing policy, which can be consulted at any time on the Portal at the following address: https://www.libon.com/fr/Vie-privee

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11 – INTELLECTUAL PROPERTY

11.1 Customer rights

The Customer is and remains the owner of the data sent via the Service, in particular the 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 Clients, all of which are protected by Libon's intellectual property rights (and in particular copyright, trademark and/or patent rights).

The Customer undertakes not to use or reproduce the intellectual property rights of Libon (and in particular the trademarks "LIBON", "LIFE IS BETTER ON", the rhinoceros logo as well as the logos appearing on the Application and/or the Portal) on any product or medium, for any reason whatsoever. The Customer may not infer from the use of the Service any authorization to use Libon's intellectual property rights (and in particular the trademarks "LIBON", "LIFE IS BETTER ON" and/or the rhinoceros logo) for any reason whatsoever.

The Customer acknowledges that he/she does not acquire any intellectual property rights on all elements making up the Service, which are and remain the property of Libon. In addition, the Customer expressly agrees not to use them for any purpose other than that exclusively provided for in these General Terms and Conditions.

All improvements, updates, derivative products, evolutions, whether made, created or developed by Libon concerning the Service are and shall remain the property of Libon, and Customer expressly acknowledges and agrees that any contribution in the form of services, suggestions, ideas, reports, defect identification, expenses, or any other contributions made by Customer, 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 Customer 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.

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

The Customer 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.

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ARTICLE 12. EXTERNAL LINKS

The Portal and/or the Application may contain hypertext links redirecting the Customer to other websites and/or applications.

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

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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 applicable law, these General Terms and Conditions between Customers and Libon are governed by French law. Any dispute or claim under these General Terms and Conditions between Customers and Libon, or any breach, termination or invalidity hereof, shall be submitted to the competent courts.

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

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

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Credit Transfers

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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SCHEDULE 1

TEMPLATE WITHDRAWAL FORM

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

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