Manual Carrefour Mobile (page 12 of 14) (English)

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3.3.2 With respect to the provision of the Carrefour Mobile Network Services to the Client, CARREFOUR

is under an “obligation de moyen / middelenverbintenis”. Therefore CARREFOUR will make its best effort

to ensure the Client is provided with the best service. However CARREFOUR shall not be liable under any

circumstances for losses suffered by the Client as a result of external factors and/or as a result of the actions

of the Client himself, notably but not exclusively:

• malfunctions or quality defects in the Carrefour Mobile Network Services caused by external factors;

• loss of use attributable to works to maintain, improve and/or extend the Carrefour Mobile Network;

• poor or incorrect use of the Carrefour Mobile Network Services by the Client;

• malfunction of the mobile phone or accessories;

use by the Client of a mobile phone

• contrary to the instructions,

- in the circumstances referred to in article 4.4.2. or

-which has not been duly approved in accordance with the ETSI standards or applicable Laws;

• the intervention of third parties in spite of CARREFOUR’s security measures;

• use or abuse of the Client’s PIN

- as a result of this code being deliberately or accidentally divulged to a third party,

-if the Client has not immediately changed the standard PIN code to a personal code, or

-if the Client has changed the standard PIN code into a simple personal PIN code (e.g. 1234, 5555, etc.).

3.3.2. Under no circumstances shall CARREFOUR be held liable for consequential and or indirect loss

suffered by the Client in connection with the Contract, notably but not exclusively, loss of prot or turnover.

3.3.4. CARREFOUR declines all liability in respect of :

• the content of conversations held as part of the Carrefour Mobile Network Services;

• he services and information provided by telephone by any third party or accessible via the Carrefour

Mobile Network Services;

3.4. Personal data

3.4.1. Data of a personal nature relating to the Client, including electronic contact details (e-mail address,

telephone number, etc.), which the Client has given to CARREFOUR and usage details are recorded on

CARREFOUR’s les. This data is processed by CARREFOUR or by third parties acting on CARREFOUR’s

behalf, with a view to performing the contract, managing clients and preventing fraud and offences. The

processing of this data shall be subject, inter alia, to the provisions of the law of 8 December 1992 on the

protection of privacy with regard to the processing of data of a personal nature. The Client may nd out

what data about him is held on CARREFOUR’s les and may seek to have it amended by sending a letter to

POSTBOX 100011,1170 Brussels or by email to info@carrefourmobile-contact.be If the Client has agreed to his

personal data being used for marketing and market research purposes, he shall have the right to oppose it

subsequently free of charge by sending a letter to POSTBOX 100011,1170 Brussels or by email to

info@carrefourmobile-contact.be. In the context of its legal duty to assist the support services and courts,

CARREFOUR may pass on certain personal data to the authorities or duly authorised persons. The Client can

also obtain more information about the data bases referred to in this article by contacting the Commission

for Privacy Protection (www.privacy.fgov.be).

3.4.2. The Client accepts and expressly consents to his calls to CARREFOUR being listened to by other

CARREFOUR employees or consultants who are not the direct interlocutors of the Client, inter alia for staff

training and monitoring purposes.

3.4.3.The Client accepts that CARREFOUR, at the request of the Telecommunications Mediation Service,

SPF Economie or any other relevant authority, shall be informed of the content of communications in res-

pect of which a complaint or objection is made and shall forward this to the said organisations if necessary.

4. Rights, obligations and liability of the client

4.1 Prudent use The Client shall use the Carrefour Mobile Network Services as a normally prudent user,

in compliance with the Contract, with the legal provisions applicable and in a way which is not contrary to

public order or accepted standards of behaviour.

4.2. Liability

4.2.1. In the absence of the Contract being transferred in accordance with article 8.2., the Client is and shall

remain solely liable with regard to CARREFOUR for the performance of his obligations under this Contract.

4.2.2. The Client shall be liable for any loss which CARREFOUR suffers as a result of the Client breaching

one of the obligations imposed under this Contract.

4.3. SIM card - PIN code

4.3.1. In order to prevent abuse, immediately upon receipt of his SIM Card, the Client shall change the

standard PIN code into a personal PIN code. The Client shall be responsible for keeping this code strictly secret.

4.3.2. The Client does not own the SIM Card given to him. The Client may not sell, lend, damage or destroy

the SIM Card. Within 7 days of the end of the Contract, the Client shall return the SIM Card to CARREFOUR

by sending it to POSTBOX 10011,1170 Brussels. The Client shall take all steps to avoid misuse or unlawful use

of the SIM Card. Any attempt to reproduce the SIM Card’s technical identication data and any fraudulent

use of the SIM Card shall be prohibited.

4.3.3 In the event of loss or theft of the SIM Card, the Client shall remain responsible for the use thereof

and for the payment of call charges and other costs until such time as he requests the suspension of the

Carrefour Mobile Network Services by email, at the address info@carrefourmobile-contact.be or by

telephone to number 078 150 164. When making such a request, the Client must be able to identify himself

as the legitimate holder of the SIM Card (for example by giving the PUK code attaching to the SIM Card

which is shown on the plastic card holding the SIM Card, which the Client shall retain in accordance with

the instructions in the user manual supplied with the starter kit). This request must be conrmed in writing

to the address POSTBOX 10011,1170 Brussels within 8 days of the declaration. The written conrmation shall

be accompanied by the report number of the declaration of the loss or theft made to the police. The Client

shall not be entitled to any refund of the pre-paid call credit. At the Client’s request, and in consideration of

payment, CARREFOUR shall provide the Client with a new SIM Card. CARREFOUR undertakes to do what

it can to lift the suspension of the Carrefour Mobile Network Services of the Client who is in possession of a

new SIM Card or who has found his lost SIM Card, within a period of 5 working days with, if applicable, the

prepaid call credit being maintained.

4.4. Mobile phone

4.4.1. The Client undertakes only to use the Carrefour Mobile Network Services via a telephone which is

suitable for the Network and is approved under the E.T.S.I. standards. The Client shall comply scrupulously

with the instructions for his mobile phone. Both before activation of the Carrefour Mobile Network Services

and afterwards, CARREFOUR may demand that the Client present his mobile phone for inspection

purposes. The use of any other equipment, including the use of simboxes or GSM gateways, shall be

prohibited. The Client accepts that calls emanating from or intended for such non-authorised equipment

shall be blocked automatically and without prior warning and such usage shall entitle CARREFOUR to

suspend and/or terminate the Carrefour Mobile Network Services immediately and without prior warning.

4.4.2. The Client declares that he is aware of the risks associated with the use of mobile phones, and in

particular the risks which can arise as a result of using a mobile phone whilst driving a vehicle, refuelling

or being in the proximity of fuels and explosives, and the interference which the use thereof can cause to

medical equipment and in aircraft.

UserGuide0608CarrefourMobile.ind44 44 20/08/08 10:33:00

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