1. USING THE SERVICE
1.1. You will gain access to the Service through an Orange SIM card that has been built into your vehicle (“Orange SIM card”). In order to activate the Service, you need to have a valid Lynk & Co account and Main Agreement. If your use exceeds the data allowance, your use will be suspended until you make a top-up purchase of the Services.
1.2. If you order the Service remotely and you are a consumer, that is, an individual acting wholly or mainly outside your trade, business or profession, you have the right to withdraw from these Terms subject to the provisions set out in section 5.
1.3. If you are representing the customer which is a legal person you expressly represent and warrant that you have authority to execute and thereby bind the customer.
1.4. By accepting these Terms, which have been made available to you prior to ordering or using the Service, you confirm that you will comply with these Terms.
2. OUR OBLIGATIONS
2.1. Delivery of the Services
2.1.1. We will use reasonable endeavours so that to you can use the Service as set out in these Terms, and for that purpose we employ the technical information we have available for the technology we use.
2.1.2. Because the Service is delivered via mobile telecommunications networks, you must understand that signals can be subject to interference from an external source or can be affected because of buildings, vegetation, the landscape or environment in which you use the Service. This means that perfect transmission cannot always be guaranteed everywhere. Also, occasionally works may need to be done for the purpose of maintenance, improving, refurbishing or expanding the network. These works could result in temporary disruptions, which we will try to limit as much as reasonably possible. Within such boundaries, we will not have any liability to you if the Service is unavailable.
2.1.3. We provide the Service as soon as reasonably possible, with due regard for the nature, the importance and the complexity of the Service, as well as the availability of staff, the functioning and the availability of the communication equipment and the network infrastructure, the technical circumstances and all other factors that could affect the performance of the Service. We select the technical resources that are required to provide the Service under the best possible conditions.
2.1.4. We only guarantee compatibility between the Service and the vehicle containing the Orange SIM card insofar as it is made available by us, is purchased from us or is approved as such by us. We point out to you that the quality of the Service depends, inter alia, on the quality and the characteristics of the devices employed by you and the user when using the Service (e.g. your cell phone, your tablet, etc.).
2.1.5. The effective browsing speed varies according to the usage conditions (e.g. the time, traffic, device used).
2.1.6. In order to guarantee the integrity and performance of the Service, we reserve the right to monitor traffic volumes and perform any reasonable action required to retain that integrity and performance at any time.
2.1.7. The Service may be subject to content filters which will block certain illegal and/or inappropriate websites. We will use our reasonable discretion to determine which websites will be subject to these filters and implement such measures as required by the relevant authorities.
2.1.8. We undertake to incorporate security devices in the telecommunications and IT network in order to minimise the risk of misuse. However, we are unable to prevent every form of improper use and, as is the case with other incidents, the Orange Services Operations Center follows up on incidents that affect the integrity and security 24/7 and, where necessary, will call in technical experts.
2.2. Customer Services
2.2.1. The Lynk & Co Customer Hotline Service Desk deals, to the extent it is able to, with all issues, questions and complaints from the Customer that concern the Service provided. Customer Services can be reached at www.lynkco.com
2.2.2. You accept that your calls with the Customer Services department may be recorded and monitored by persons not participating in those calls for the purpose of training and supervising our staff. You can decline the recording and monitoring on a case-by-case basis.
2.3. Change of Orange’s obligations
2.3.1. We are entitled to change the content and/or characteristics of our obligations, should such become necessary due to the operation or structure of the Service, or to any changes to existing or the creation of new regulation, however, we cannot unilaterally change the fundamental features of the Service. Changes made to these Terms shall be communicated to you with a 14 days’ prior notice.
2.3.2. If, as a result event outside our control, which is taken to include imperative technical reasons or statutory or regulatory changes, the Service must be permanently restricted or terminated, we will inform you as soon as possible.
3. YOUR OBLIGATIONS
3.1. You agree that you will not use the Service in breach of our Usage Policy;
3.2. You agree that you will:
3.2.1. use compatible and lawful equipment to access the Service;
3.2.2. ensure that your data and equipment is protected from damage or loss caused by failures, errors, delays or interruptions in the Service in addition to protection from viruses, trojans, malware or other threats; and
3.2.3. reimburse us for all reasonable losses, liabilities, costs and expenses which we may incur as a result of any third party claim against us arising from, or in connection with, your breach of these Terms.
3.3. You may not commercialise the Service, whether partially or in its entirety or directly or indirectly. You undertake to solely use the Service for personal use.
3.4. The provision of the Service is in any event subject to payment of the charge for the Service. You are personally responsible to us for the use of the Service, even if parties other than you make use of the Service.
3.5. We will under no circumstance take into account any transfer of the Service or obligations to third parties.
4. OUR LIABILITY
4.1. These Terms do not restrict or exclude liability for gross negligence, willful misconduct, fraud or death or personal injury caused by our negligence.
4.2. Except for the items listed in clause 4.1, we are not liable towards you, to the extent permitted by law, for any direct or indirect financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from, or in connection with, use of the Service or inability to use or access the Service or a failure, suspension or withdrawal of all or part of the Service at any time or damage to physical property or for any other similar direct loss that may arise.
4.3. To the extent permitted by law, we are not liable toward you for any indirect or consequential loss or damage whatsoever.
4.4. We are not responsible for:
4.4.1. the accuracy, completeness or timeliness of any information you obtain through the Service, nor are we responsible for any goods or services supplied by any other party, even if those goods or services are accessed through the Service;
4.4.2. changes of IP address due to operational, technical, netiquette or statutory reasons;
4.4.3. the detection of abnormal increases in the usage of the Service;
4.4.4. deletion or non-receipt of emails or any other data;
4.4.5. non-storage of emails or any other data, where applicable because you have exceeded the maximum storage capacity for the servers for your e-mail address(es);
4.4.6. the content, the nature, the characteristics, the quality and the integrity of the information or data that is sent through the network, nor for any damage that could result therefrom, unless such data or information originate from ourselves;
4.4.7. the services offered and operated by third parties which can be accessed or ordered through the network (and the charges for such services), even when we receive remuneration in one way or another, nor when we invoice for the services on behalf of these third parties. In this respect we act solely in the name of and on behalf of these third parties.
4.4.8. data, information or services disseminated via the network. We provide no guarantees in this respect, unless the data, information or services originate from ourselves;
4.4.9. transactions between you and third parties. We are, unless expressly stated otherwise, not party to the agreement that is concluded between you and the third party.
4.5. To the extent permitted by law, we are not responsible for the security of your information. We encourage you to take appropriate measures to ensure that your confidential information remains secure.
4.6. Except for clause 5.1, our liability in relation to the Services will never exceed 6 times the charge of the latest top-up purchase of Services purchased by you.
5. RIGHT OF WITHDRAWAL
5.1. In order to exercise your right of right of withdrawal as set out in clause 1.2, you must inform Lynk & Co by means of an unambiguous declaration of your decision to withdraw from the contract. You can contact Lynk & Co as stipulated in clause 2.2.1.
5.2. You can exercise your right of withdrawal at any time within the first 14 calendar days, starting from the day you ordered the mobile data package, at no expense and without being required to provide reasons for such decision.
5.3. You agree that we may begin the provision of the Services before the expiry of the period referred to in clause 5.2, and you acknowledge that, if we do begin the provision of articles before the end of that period, you will lose the right to cancel referred to in clause 5.2.
5.4. When digital content is delivered that is not on a tangible medium, you acknowledge that you lose the right of withdrawal if the performance has commenced with your prior consent.
6. HOW WE DEAL WITH YOUR PERSONAL DATA
7.1. Any software made available to you by us for the purposes of accessing the Service is free of charge.
7.2. You undertake not to make any copies or have copies made of the software, nor to decompile, analyse or reverse engineer, nor to create any derived software.
8. SUSPENSION OF THE SERVICE
8.1. We can wholly or partially suspend the provision of the Service upon prior notice or, when necessary, with immediate effect and without prior notice in the following circumstances:
8.1.1. in the event of an abnormal rise in usage by the User, as a precautionary measure;
8.1.2. if, in our reasonable opinion, the equipment you use to access the Service is not protected against open relay/open proxy systems or if damage is caused to the network and/or Service as a result of an open relay or open proxy system;
8.1.3. if you don’t comply with these Terms;
8.1.4. if there is evidence of fraud or improper use;
8.1.5. if an event outside of our control occurs, which is taken to include imperative technical reasons, statutory or regulatory changes.
9. ENDING THE SERVICE
9.1. You can stop using the Service at any time without notice.
9.2. The Service will end when the data allowance is fully used.
9.3. The Service will end when your car is unregistered from your Lynk & Co account, e.g. when you sell your car.
9.4. The Service will be automatically terminated one month after the start date of any suspension pursuant to section 8.
9.5. If you have not complied with our reasonable instructions within ten days of us notifying you of the suspension of the suspension of the Service by us in accordance with these Terms, we are entitled to immediately terminate the Service.
9.6. We can immediately stop the service without prior notice and without recourse to the court, and/or without any refund to be paid by us in the case of a material breach of these Terms.
9.7. The Service is terminated by law when the operating permits issued by the competent authorities to us have expired.
9.8. Our exercise of the right to terminate the contract does not compromise our right to recover any losses we have suffered from you.
10. ORANGE CONTRACTING ENTITY
Your contractual counterpart will be the Orange Business Services entity in your country of residence.
11.1. If we or Lynk & Co need to notify you for any reason, we or Lynk & Co will do so by sms to the mobile phone number or the e-mail address which you have provided to us when registering for the Service. If you need to notify or contact us or Lynk & Co, whether for a complaint or otherwise, please do so by contacting the Lynk & Co Customer Service Desk.
11.2. If any part of these Terms are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply. In such a case, the invalid part of these Terms shall be replaced by a valid one, coming as close to it as possible in economic effect.
11.3. Amicable settlement. In the event of complaints you can address them to the Customer Services department as stipulated in clause 2.2.1
11.4. Any disputes concerning the existence, the interpretation of or the performance of the Service that cannot be resolved by you and us or in any other amicable manner will be subject to the exclusive jurisdiction of the commercial courts competent for the registered office of the Orange Business Services entity in your country.
11.5. The Terms shall be governed and construed under the law of the country of where you are a residence.
1. PROHIBITED USES
1.1. You must not use the Service:
1.1.1. for any illegal or unlawful purposes whether in breach of public order, common decency, laws, regulations or otherwise);
1.1.2. in a way that would infringe the rights of others, including but not limited to infringing copyright or any other intellectual property right;
1.1.3. for peer-to-peer file-sharing or cyber-locker services;
1.1.4. to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing; or
1.1.5. in any way that interrupts, damages, impairs or renders the Service less efficient.
1.2. You must not use the Service to send unsolicited commercial electronic message, or spam. What is considered spam will be determined by us and will include, amongst other things, using the Service to:
1.2.1. send any unsolicited email or SMS message;
1.2.2. send email with charity requests or petitions for signatures;
1.2.3. collecting responses of unsolicited email or SMS message; or
1.2.4. conducting surveys.
2.1. Your use of the Service grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties accessed using the Service.
2.2. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content that is accessed using the Service unless permission is granted to you by the copyright holder of that content.
3.1. Although we may impose filters on certain websites, it is your responsibility not to access any offensive, abusive, indecent, defamatory, obscene or menacing material. It is your responsibility to determine whether any content not subject to a filter is appropriate for access via the Service. We will not be monitoring the content accessed via the Service but should we be notified of such content being accessed we reserve the right to limit, restrict or terminate your access to the Service.
4.1. The security of your own data is your responsibility. We recommend that you install appropriate anti-virus software on the device which you are using to access the Service.
4.2. You will not use the Service in any way that may compromise our security or the security of other users of the Service.
4.3. You will not share your access to the Service with others. If you do so, any breach of the Terms committed by them when using the Service shall be your responsibility.
1. ABOUT US
1.1. Orange Business Services is the data controller for the processing of your personal data. If you have any questions about how we process your personal data you can contact us at: firstname.lastname@example.org
2. PERSONAL INFORMATION
2.1. We may hold information about you including:
2.1.1. any information that you provide to us when registering for the Service;
2.1.2. your IP address (this is a number that identifies a specific network device on the internet and is needed for your devices to communicate with web pages);
2.1.3. technical details about your computer or access devices;
2.1.4. the times and dates of your access to and use of the Service;
2.1.5. the locations of your access to and use of the Service; information provided by other organisations who have your permission to share information about you.
3. USE OF YOUR INFORMATION
3.1. We will process your personal data to be able to provide you with the Service.
3.2. We may also process your personal data to:
3.2.1. monitor and improve the Service;
3.2.2. conduct market research for statistical purposes;
3.2.3. comply with any legal or regulatory requirements;
3.2.4. protect or enforce our rights or the rights of any third party; and
3.2.5. detect and prevent fraud and other crimes and for the purpose of protecting national security, to the extent required by law.
3.3. We may pass your information to any company in our group or, if required for the provision of the Service, to our subcontractors. If the individuals or companies to whom we may disclose personal data are located outside the Economic European Area, appropriate safeguards will ensure equivalent level of protection of your personal data.
3.4. We may pass your information to anyone who takes over our business provided that the information transferred is only used in accordance with this policy.
3.5. We may disclose your information if compelled to do so by law.
3.6. We will retain your personal data only for as long as is necessary to provide you with the Service or as further needed for us to comply with a legal obligation.
3.7. You have the legal right to request access to, rectification or erasure of any of the personal data that was provided to us.
3.8. You also have the legal right to request us to stop processing your personal data, to request that the processing of your personal data is restricted or to exercise your right to data portability.
3.9. To access your personal data and to exercise your rights please contact email@example.com
3.9.1. If you are not satisfied with the way we handle your personal data, you have the right to lodge a complaint with a supervisory authority.
4. PROTECTION OF YOUR INFORMATION
4.1. We will take reasonable technical and organisational measures to keep your information secure.
4.2. We will not monitor your use of the Service except for the ways expressly set out in the Terms.
4.3. We will not transfer your information to any 3rd party except for those listed in clause 3.