terms and conditions for use for the Hello Mobo site
#1Article 1 - PURPOSE
The purpose of these terms and conditions for use is to set out the terms and conditions for the publication by France Telecom (here under referred to as the Company) of the site hello-mobo.fr and the services available on the site, and the conditions for use of the services on the site by the User.
Access to and use of the site are subject to these terms and conditions, which the user expressly accepts when entering the site and undertakes to respect.
Use of the site automatically involves the full acceptance of these terms and conditions.
The Company is experimenting, in partnership with certain other companies, a system of smart collection boxes connected to the Internet (hereinafter the “Mobo Collection Boxes”). The purpose of this system is to receive from the public used mobile telephones. These Mobo Collection Boxes enable the recycling of used mobile telephones in a fun and socially beneficial manner (hereinafter “the Experiment”).
In the context of this Experiment, the Company is making the site Hello-mobo.fr available to the Users to allow them to:
- pledge to donate their used mobile telephones by completing the information requested, such as: family and first names, e-mail address and the IMEI number of the mobile telephone in the appropriate section,
- receive information about how to deposit their used mobile telephones: locations, opening hours and conditions for accessing the Mobo Collection Boxes by locating the latter on a map available on the site.
- track the used mobile telephones that they have deposited in a Mobo Collection Box and to receive information about the future of the latter thanks to the IMEI number that they provided when making their pledge to donate on the site.
The site also allows Professionals interested in the Experiment and who may wish to install a Mobo Collection Box in their premises to receive the necessary information after registering their electronic address on the site.
#2Article 2 - DEFINITIONS
Professional: means any representative of a legal entity or any person exercising a commercial activity who may be interested in the Experiment. For the purposes of these terms and conditions, and unless otherwise stipulated, a Professional is considered to be a User.
Company: France Telecom as defined above.
User: means any person using the site or one of the services of the site.
#3Article 3 – ACCESS TO THE SITE
The site is accessible free of charge (excluding the cost of connecting to the site) at the following URL addresses: hello-mobo.com and hello-mobo.fr
To use the site the User must have a terminal with access to the Internet that may periodically require updating. Consequently, the ability of the User to access the site may be affected by the performance of any one of these elements.
All costs incurred for access to the site and the services are the exclusive responsibility of the User.
It is incumbent upon the User to verify that he is the holder of a service enabling him or her to access the internet and, as the case may be, to be aware of the billing implications regarding access from a mobile terminal and the consumption of data when using the site. The Company will under no circumstances be held liable for the costs incurred for visiting and using the site that may be billed by the User’s mobile telephone operator.
#4Article 4 – MODIFICATIONS TO THE SITE AND THE TERMS AND CONDITIONS FOR USE
The Company reserves the right to modify the site and the services, including making available new functionalities or modifying or deleting certain other functionalities. The Company may at any time and without notice suspend or indefinitively shut down the site. The Company may also modify these terms and conditions.
#5Article 5 – LIMITED LIABILITY OF THE COMPANY
The Company undertakes to erase any personal data contained in the mobiles deposited in a Mobo Collection Box.
The Company undertakes to inform the User of what becomes of the used mobiles that he or she may have placed in a Mobo Collection Box.
The Company will under no circumstances be held liable for inaccuracies regarding the information available on the site or the opening hours for access to the Mobo Collection Boxes and/or for the loss or theft of the used mobile telephones deposited in a Mobo Collection Box.
The Company will under no circumstances be held liable should a User use the site in a manner contradictory to these terms and conditions or to French regulations.
The Company will under no circumstances be held liable for any damage caused subsequent to a case of force majeure or due to a third party.
#6Article 6 – INTELLECTUAL PROPERTY
The Company is and remains the owner of the site and of all of its functionalities, programmes, house design book, brands, logos, concepts, technology and related data bases.
The User acknowledges that he or she shall acquire no intellectual property rights over the elements belonging to the Company and its group. The User is, furthermore, formally forbidden from using these elements for purposes other than the use of the site in compliance with these terms and conditions.
All improvements, updates, spin-offs, upgrades, whether carried out, created or developed by the Company concerning the site are and shall remain the property of the Company and the User expressly acknowledges and accepts that any contribution in the form of services, suggestions, ideas, reports, the identification, expenses or any other contributions made by the User, neither give rise to nor confer any rights, title or interest in any of the elements or components of the site.
#7Article 7 - DATA
7.1 Personal data of the Users
The User bears sole responsibility for the data he or she communicates using the site services of the site and declares that the data provided are correctly entered and exact. The personal data gathered by the site shall be processed according to the modified French law of 6 January 1978 relating to “freedom of information and computerised data” of 6 January 1978 and shall be used by the Company to provide the services offered on the site and to address electronic messages containing information.
In compliance with law 78-17 of 6 January 1978, the User may at any time access the personal data held by the Company and request that these be modified or deleted by using the form available under the heading “Contact us” on the site.
The Company may be required to divulge information concerning the User in the context of legal proceedings to bodies that are specifically authorised and in compliance with the prevailing legal provisions.
7.2 Data concerning Professionals
When using the site Professionals may be required to communicate their professional contact details.
The data base compiled by the Company is its property, but it undertakes to use the data base in compliance with the prevailing laws.
#8Article 8 - MISCELLANEOUS
If one or more clauses of these terms and conditions should be null and void or declared as such by the enforcement of a law, regulation or finally the final ruling of a court of law, the other provisions shall remain fully enforceable and applicable.
The clauses declared null and void shall then be replaced by other provisions that resemble most closely the content of the clauses originally adopted.
The parties shall not be held responsible, or considered to have breached these terms and conditions, for any delay or non-execution reasons of tardiness or non-fulfilment, if the delay or non-execution tardiness or non-fulfilment has been caused by a case of force majeure as defined by jurisprudence in the French courts.
The Company may assign its rights and obligations arising from these terms and conditions, including the data provided by the User to any company taking over or pursuing the operation of the site, whatever the legal form of the take-over or pursuit and, in these circumstances, shall inform the User. Any claim or dispute involving the site must be transmitted in writing by using the form available under the heading “Contact us” in the site.
#9Article 9 - JURISDICTION
These terms and conditions are subject to French law.
Any disputes arising from or related to these terms and conditions shall be heard by the Commercial Court of Paris.
In case of disputes arising with an individual person, the court with jurisdiction shall be the court of the individual place of residence.
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