These terms and conditions govern your use of www.alcatel-mobile.com website (hereinafter the “Website”) and all related websites. This Website is published by TCT Mobile Europe SAS, hereinafter referred to as “Alcatel”, registered at Immeuble Le Capitole, 55 avenue des Champs Pierreux Nanterre 92000 France. Please read through these Terms and Conditions of Use and our Privacy Policy (hereinafter “Terms and Conditions”) carefully. These Terms and Conditions are a contract between you and TCT Mobile Europe SAS and may be amended from time to time. If you don’t agree to the Terms and Conditions, do not use the Website. If you do use the Website, you accept and agree to these Terms and Conditions. Some content of this Website may not be adapted for minors. By accessing this Website you guarantee that you are not a minor and are entitled by the law of your country of domicile to access the Website.
INTELLECTUAL PROPERTY
Except for the user generated content if any, the Website, including all copyrights, trademarks, and other intellectual property rights therein are protected by intellectual property rights and are owned by Alcatel or a third party. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. If you believe that any content of the Website violates any third party intellectual property rights, please contact us immediately. We will, as soon as we receive your notification, take necessary action to cease any such violation and remove any illicit content from our Website. Alcatel trademark, the logo and any other trademarks, service marks, graphics, and logos used in connection with this Website are trademarks or registered trademarks of Alcatel or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. In the event of any violations of the above, Alcatel reserves the right to ask you to immediately stop or rectify the unlawful use, or, should the unlawful use and/or violation continue, Alcatel reserves the right to file a claim against you.
DATA PROTECTION AND PRIVACY
Any details which you provide to us from which Alcatel can identify you are held and processed in accordance with our Privacy Policy. In connection with your use of the Website you may share with us your email address for further communication between you and Alcatel. Prior to giving out your email address, please review our Privacy Policy in order to understand how we collect and use information about you when you access, visit or use the Website. Your personal information will be collected, stored and processed in accordance with our Privacy Policy, which you shall read and agree on before giving your personal information while using this Website.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITIES
The website is provided by Alcatel “as is.” To the full extent permissible by applicable law, neither Alcatel nor its partners, suppliers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the website, its contents, or any information made available by or through the website. In addition, Alcatel and its partners disclaim all warranties with respect to the website, express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. Furthermore, Alcatel does not warrant that use of the website will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the website is free of viruses or other potentially harmful components. You shall be responsible for backing up your own system. Alcatel does not make any other promises or warranties about the Website and in particular does not warrant and shall not be liable for any claim that results from a decision made by Alcatel to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Website, or to take any other action during the investigation of a suspected violation or as a result of Alcatel conclusion that a violation of these Terms and Conditions has occurred; or it relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of the Application or the Website. In no event will Alcatel accept liability for any description, including liability for negligence (except for personal injury or death), for any damages or losses whatsoever (including, without limitation, loss of business, revenue, profits, or consequential loss) resulting from the use of or your inability to use the websites. If you breach these Terms and Conditions, you will be liable to Alcatel, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by Alcatel as part of its investigation of a suspected violation of these Terms and Conditions, or as a result of its findings or decision that a violation of these Terms and Conditions has occurred.
LINKS TO THIRD-PARTY SITES
The Website may also contain links to other websites which are not under the control of or maintained by Alcatel. Alcatel is not responsible for the content of those sites. Alcatel provides these links for your convenience only and does not necessarily endorse the material on these sites. The use by you of these third party websites creates a direct relationship between you and such third parties. It is therefore your responsibility to read and comply with such third parties privacy policies and their terms and conditions which apply to their websites. All and any claims with regards to such third party websites or content found on websites shall be directed to such third parties.
CHANGES
Alcatel reserves the right to modify these Terms and Conditions at any time. Such modifications and additional terms and conditions will be communicated to you and, if accepted, they will be effective immediately and will be incorporated into these Terms and Conditions. In the event that you refuse to accept such changes you shall cease to access the Website and the Application immediately. Should you continue to use the Website and the Application despite your disagreement to the Terms and Conditions or to any changes thereof, Alcatel shall not be liable for any damages incurred as a result of this.
GOVERNING LAW. JURISDICTION
This Website is controlled and operated by Alcatel offices based in France. By accessing this Website you agree that the laws of France will apply to the matters relating to the use of this Website, without regard to principles of the conflicts of laws. In the event of a dispute, disagreement between Alcatel and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to the competent courts of France.
MISCELLANEOUS
If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and Alcatel with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Alcatel with respect to such use are hereby superseded and cancelled.