English
13
3.3.2 With respect to the provision of the Carr efour Mobile Network Services to the Client, CARREFOUR
is under an “obligation de moyen / middelenverbintenis”. Therefor e 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 suff ered by the Client as a result of external f actors and/or as a result of the actions
of the Client himself, notably but not exclusively:
• malfunctions or quality def ects in the Carrefour Mobile Network Services caused by external f actors;
• loss of use attributable to works to maintain, improve and/or extend the Carr efour Mobile Network;
• poor or incorrect use of the Carref our Mobile Network Services by the Client;
• malfunction of the mobile phone or accessories;
use by the Client of a mobile phone
• contr ary to the instructions,
- in the circumstances ref erred to in article 4.4.2. or
-which has not been duly approved in accordance with the ETSI standar ds or applicable Laws;
• the intervention of thir d 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 thir d 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 indir ect loss
suffered by the Client in connection with the Contr act, notably but not exclusively, loss of prot or turnover.
3.3.4. CARREFOUR declines all liability in respect of :
• the content of conversations held as part of the Carref our Mobile Network Services;
• he services and inf ormation provided by telephone by any third party or accessible via the Carref our
Mobile Network Services;
3.4. Personal data
3.4.1. Data of a personal nature relating to the Client, including electr onic contact details (e-mail address,
telephone number, etc.), which the Client has given to CARREFOUR and usage details are recor ded 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 pr eventing 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 regar d 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 10011,1170 Brussels or by email to info@carref ourmobile-contact.be If the Client has agreed to his
personal data being used for marketing and mark et research purposes, he shall have the right to oppose it
subsequently free of charge by sending a letter to POSTBOX 10011,1170 Brussels or by email to
info@carref ourmobile-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 r eferred to in this article by contacting the Commission
for Priv acy Protection (www.priv acy.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 f or staff
training and monitoring purposes.
3.4.3.The Client accepts that CARREFOUR, at the request of the T elecommunications Mediation Ser vice,
SPF Economie or any other relevant authority, shall be informed of the content of communications in r es-
pect of which a complaint or objection is made and shall forward this to the said or ganisations if necessary.
4. Rights, obligations and liability of the client
4.1 Prudent use The Client shall use the Carref our 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 contr ary to
public order or accepted standards of behaviour.
4.2. Liability
4.2.1. In the absence of the Contract being tr ansferred in accordance with article 8.2., the Client is and shall
remain solely liable with regar d to CARREFOUR for the performance of his obligations under this Contr act.
4.2.2. The Client shall be liable for any loss which CARREFOUR suffers as a r esult 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 r eceipt of his SIM Card, the Client shall change the
stand ard PIN code into a pe rson al PI N cod e. T he Cl ient shal l be res ponsi ble f or ke eping this cod e str ictly sec ret.
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 r eturn the SIM Card to CARREFOUR
by sending it to POSTBOX 100 011,1170 Brussels. The Client shall take all steps to avoid misuse or unlawful use
of the SIM Card. Any attempt to repr oduce the SIM Card’s technical identication 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 r esponsible 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 addr ess info@carref ourmobile-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 Car d
which is shown on the plastic card holding the SIM Card, which the Client shall r etain in accordance with
the instructions in the user manual supplied with the starter kit). This request must be conrmed in writing
to the address POSTBOX 100 011,1170 Brussels within 8 days of the declaration. The written conrmation 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 cr edit. At the Client’s request, and in consideration of
payment, CARREFOUR shall provide the Client with a new SIM Card. CARREFOUR undertak es 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 Car d, 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 Carref our Mobile Network Services via a telephone which is
suitable for the Network and is approved under the E.T.S.I. standar ds. The Client shall comply scrupulously
with the instructions for his mobile phone. Both befor e activation of the Carrefour Mobile Network Services
and afterwards, CARREFOUR may demand that the Client present his mobile phone f or 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 f or 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 interfer ence which the use thereof can cause to
medical equipment and in aircraft.
UserGuide0608CarrefourMobile.ind45 45 20/08/08 10:33:00