GENERAL CONDITIONS FOR USE OF THE
EASY PHONE SERVICE FOR ANDROID OS
The Easy Phone service is a service that enables Users an easier use of traditional functionalities of a
device compatible with Android OS for instance the service allows to activate
the speaker function when the device is far away of the User’s ear or to make
the content of a message appropriate with the screen of the device (hereinafter the ‘Service’).
This Service is offered by the
company France Telecom SA registered
under N° 380 129 866 of RCS of Paris headquartered at 6 place d’Alleray
75015 Paris (hereinafter referred to as ‘ORANGE’).
The Service accessible via the Easy Phone software application is open
to any individual who wishes to use the Service for his/her own needs and for
strictly personal, non-commercial purposes.
The Service is provided
Access to and use of the Service are subject to these
General Conditions of Use (hereinafter the ‘GCU’), which the User expressly accepts when registering for the
1 - DEFINITIONS
In these GCU, the following terms shall, unless
otherwise stated, have the meaning given to them in this article:
Application: refers to the software application
entitled Easy Phone, which provides access to the Service,
is available for free on the GOOGLE
Inc, Android Market AppStore and which the User has chosen to download onto his/her
Device for free from the Apple AppStore.
Networks: Refers to the electronic communication networks open to the
public operated by ORANGE, whatever the technology or standards used by these
networks (cable, satellite, ADSL, optical fibre, GSM, GPRS, EDGE, UMTS, Wi-Fi,
Service: Refers to a
service entitled Easy Phone which is connected to the Networks.
Device / Devices: Refer to all Android operating system
terminal devices (particularly, but not only, touch-screen tablet-type mobile
devices) which may be connected to the Internet via the Networks.
User: Refers to a natural person, be it an
adult or a minor who has obtained prior permission from his/her legal
representative, who uses the Service for his/her own needs and for purely
personal, non-commercial purposes.
2 – PURPOSE
The purpose of these GCU is to lay down the conditions
the Service is
made available to Users;
the Users must
use the Service.
3 – ACCESS TO THE SERVICE
In order to be able to access to the Application, the
User must have a device and have subscribed to a ’data’ option in his/her
mobile phone subscription, regardless of the mobile phone operator with which
the User has taken out his/her subscription.
4 - COST OF THE SERVICE
The Service is provided by ORANGE free of charge (excluding (i) mobile
phone subscription costs (ii) charges for connection and access to the Internet
5 – RESPONSIBILITY AND GUARANTEES OF THE USER
The User guarantees (i) that he/she does not live in a
country that is the subject of an embargo by the United States government or
that is designated by the United States government as a ‘terrorist supporting country’ and (ii) that he/she does not feature
on a list of ‘prohibited or restricted
parties’ established by the United States government.
The User guarantees that he/she will comply with the
terms of any contracts agreed with third parties that are applicable within the
context of use of the Application. In particular, the User must check that
he/she is not in violation of the terms of his/her (voice/data) subscription
with his/her mobile phone operator.
6 - RESPONSIBILITY OF ORANGE
ORANGE is responsible for implementing the
necessary resources for the correct operation of the Service and shall take the
measures necessary to maintain the continuity and quality of this Service.
In order to continue to benefit fully from the
Service, the User may have to download the updates proposed by ORANGE when they
are made available. In this respect, any Application downloaded by a User is
valid for a limited time only, given these updates and the potential technical,
legislative or regulatory changes over which ORANGE has no control.
ARTICLE 7 –
SUSPENSION AND TERMINATION
ORANGE reserves the right to stop
providing the Service on the GOOGLE Inc, Android Market AppStore without prior notice and without paying any indemnity.
may permanently stop providing the Service to Users.
ARTICLE 8 -
8.1 Rights of ORANGE
ORANGE is and remains the owner of its
Service, the Application, software, software applications, graphic guidelines,
trademarks, logos, concepts, technologies, databases and content made available
to the Users.
The User recognises that he/she does not acquire any
intellectual property rights over the elements belonging to ORANGE. He/she shall also strictly refrain
from using these elements for any other purpose than that set out in these GCU.
Any improvements, updates, derived products or upgrades
concerning the Service, be they performed, created or developed by ORANGE , are
and will remain the property of ORANGE, 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.
8.2 Right of usage (licence)
ORANGE hereby grants the User a
non-exclusive, non-transferrable, revocable right of use, which is valid for
the whole world and cannot give rise to a sub-licence, for the Application
and/or the software components of the Application.
This authorisation is granted for as long as the
Service remains available free of charge and the user uses the Application on a
device compatible with the Android
This authorisation is subject to compliance with these GCU
and the Usage Rules available from the GOOGLE
Inc, Android Market AppStore.
Authorisation does not authorise the User to access or use
any source code of the Application and/or the software components of the
The User must not:
- Use, copy, modify or distribute
the Application and/or the software components of the Application, except as expressly
authorised in these conditions of use;
- Disassemble, decompile or
translate the Application and/or the software components of the
Application, except as expressly authorised by the applicable laws or
- Sub-licence or assign the
Application and/or the software components of the Application.
9 – APPLICABLE LAW AND GENERAL PROVISIONS
If one or more stipulations of the present GCU should
be declared null and void by application of a law or regulation, or as the
result of a definitive decision of a competent jurisdiction, the other
stipulations shall maintain all of their force and scope of applicability.
The stipulations declared null and void shall then be
replaced by stipulations that are closer in content to the initially decided
The parties will not be held responsible, or
considered as having breached these GCU, in the event of any delay or
incomplete performance caused by a case of force majeure as defined by the case
law of the French courts.
These GCU are subject to French law.
Article 10 -
Any claim or challenge concerning the Service must be
sent by email in the ‘Contact us’ section of the Application.