myLife

TERMS OF USE FOR THE MYLIFE SERVICE

1. PURPOSE.

The purpose of these terms is to establish the terms and means of access, use and operation of the “myLife” service offered by LUXGSM S.A. (hereinafter “LUXGSM”), public limited company, incorporated at the Commercial and Trade Register of Luxembourg under No. B43290, with its registered office in Luxembourg, 1, rue Emile Bian, L-2996 Luxembourg. LUXGSM is listed on the public register of the Regulation Institute of Luxembourg (ILR) as a “notified company” and our business is subject to the Law of 30 May 2005 on electronic communications networks and services.

The myLife service is a service reserved for individuals who are legitimate users of a LUXGSM phone number, having registered for a subscription or a pre-paid card from the LUXGSM network (hereinafter “the User”). If there is no derogation specified in the current terms, the general and specific terms of a subscription contract are applicable to a user who is subscribed to LUXGSM services.

The myLife service provides customers with remote access via an Internet network connection to an e-mail address and its associated account. LUXGSM reserves the right to cancel, amend or add functions to the service and LUXGSM may amend or adapt these terms following a change to the legislation or regulations on telecommunications, e-commerce, electronic payments or signatures, techniques implemented to operate the application, or in the event of amendments which directly or indirectly affect the activities or services of LUXGSM.

2. DESCRIPTION OF THE MYLIFE SERVICE.

The service is accessible online via the website http://www.luxgsm.lu/mylife. To access the myLife service via a computer or any other device that offers such access, the user must contact a service provider of their choice, in the knowledge that the service does not include access to the Internet.

It is the user’s responsibility to ensure that their equipment and/or software allow(s) access to the service. They undertake to only use approved and authorised computers, equipment, installations and software, in perfect working order and free from defects and viruses.
The user also undertakes to verify in a reasonable manner that the content they use does not contain any viruses or programs which may disrupt the functioning of the service or cause any damage to any other users of the service and/or to LUXGSM.

The user declares that they are the author of or have all necessary rights or permissions over the entire content that they download on the LUXGSM servers or which they uses within the framework of the myLife service.

The online interface enables the user to:
• have access to an e-mail account with a default storage capacity of 500 MB • have access to a default file storage space of 1 GB on LUXGSM servers providing the option to download, store, organise and browse their digital contents in all types of authorised formats: photos, videos, music, office files (hereinafter the ‘Content’). • access other published functionalities (calendar, tasks, SMS notification etc.)

Certain additional functionalities (add-ons) may be added by the user and are payable in accordance with the commercial conditions published together with the terms of service (antivirus, anti-spam, additional storage capacity, etc.). LUXGSM provides the user with the technical means, prior to a definitive order, to identify any typing errors and correct them. As implementation of this service is offered by LUXGSM immediately after receipt of an order, the user does not have a cooling off period.

As is the case for every e-mail account, the size is now 500 MB, which may result in the allotted storage capacity being exceeded. If the allotted storage capacity is exceeded, the user cannot download any new content or share it. Only the content browsing and management functions are available. The user should delete some of the content or can opt for an additional storage capacity option (add-on).

LUXGSM cannot guarantee the encryption or protection of content during their transmission and cannot guarantee the security and integrity of content during transfer operations. The user acknowledges that they are sufficiently informed and accept that downloading the content is under their sole and exclusive responsibility and with full knowledge of the facts.

In order to avoid loss or alteration of their content, the user declares that they have made a back-up of their content on a reliable device before posting it online and sharing it.

LUXGSM reserves the right to change the service and will inform the user about any substantial amendments before these amendments come into force. These amendments shall be deemed accepted if the user continues to use the service for more than one month.

3. SERVICE ACCEPTANCE

3.1 Access to the service
Access to and use of the myLife service by the user implies prior and unreserved acceptance of these terms of use. Access to and use of this service is for adults only. If the user is a minor, they must have prior approval from a parental authority. The user declares that the holder of parental authority has approved the access request and has read these Terms of Use with them. The parental authority must oversee the use of the myLife service by a minor when part of the service is payable.

3.2 Request to access the service
Acceptance of the service takes place in several steps. The user makes their request to access the myLife service via the website www.luxgsm.lu/mylife by completing a Turing test at each stage in order to automatically differentiate a human from a computer (CAPTCHA visual code).

When a new request to access the myLife service is made, the user must first type in their phone number and give permission for this number to be used for their myLife account and for LUXGSM to authenticate a secret PIN code. The user receives this code on their phone number via SMS from a dedicated LUXGSM server. They explicitly accept that all communications directed to the phone number provided at the time of their request are presumed to be for them personally.

In order to control access, the user must validate the secret PIN code by typing it manually on the website www.luxgsm.lu/mylife. The code is strictly personal and only valid temporarily. To guarantee the security and confidentiality of the data, LUXGSM reserves the right to request, in certain circumstances, identification documents or to amend the security, authentication or identification solutions. This may be the case if LUXGSM becomes aware that the user does not match the subscriber of the number, or if the subscriber had previously refused access to the service.

3.3 Authentication procedure
To register for the myLife service, the user must type in their e-mail address, which consists of their phone number followed by “@mylife.lu” and a password chosen by the user to protect their access. Following authentication, the user has the option to create aliases of their e-mail address. LUXGSM grants access to the service by approving the password submitted by the user and by sending an SMS confirmation to the associated phone number, at the time of the creation of the e-mail account. After registering the password, the user no longer needs to set up a new access request.

The user is always responsible for checking their registrations, even if they let a third party use their password and/or phone number. If the user is not the person who has subscribed to the mobile number being used, or if for whatever reason they share their phone number with other users after having accessed the myLife service, they must ensure that they cancel their myLife subscription before letting others use their number, in the knowledge that the myLife account they set up remains linked to the phone number registered during their first request for access.

The user is therefore solely responsible for managing and maintaining the confidentiality of their password and any browsing using this password.

LUXGSM may refuse access to the myLife service, without being required to explain its motives, and the use of the myLife service may be interrupted, blocked or rejected if the LUXGSM computing system detects a problem in the user’s identification process or security in general, notably in the case of incomplete or incorrect data. The user is solely responsible for any incorrect handling during access to the service. They assume full responsibility for use of the myLife service, for the protection of their confidential access codes and any browsing, intervention and actions resulting from the use of their codes.

4. OBLIGATIONS AND RESPONSIBILITIES OF PARTIES

The parties expressly agree that the use of a secret PIN code/password to access the myLife service constitutes sufficient proof of the transactions carried out using these security measures, and is equivalent, where applicable, to signature by the user, who confirms that they are the author of these operations.

The infrastructure at LUXGSM which allows access to the service may be disrupted or possibly subject to disturbances or delays or even interruptions that are beyond LUXGSM’s control, which may result in the LUXGSM Internet site or the myLife service becoming momentarily inaccessible.

LUXGSM cannot be held responsible for any loss, harm or damage of any kind, resulting from a violation of the user’s obligations listed in the previous paragraph.

With regard to LUXGSM’s requirement to regularly update the invoicing information and other customer data, the myLife service may indicate user data which is not fully updated.

Without prejudice to the other limitations or exclusions of liability contained in this document, LUXGSM can only be held liable for gross misconduct or fraudulent negligence.

The user pledges:
not to use any content or circulate any message or information that is abusive, threatening, defamatory, racist or which may harm the honour or reputation of another person or group of people, or which incites violation of current laws;
- to respect the rights of others, including personality rights (such as image rights, the right to respect for private life), trademark rights, copyright and associated rights, and more generally the rights of people and property;
- more generally, the user warrants that their content complies with regulations and does not infringe on third party rights.

The user confirms that they are solely responsible for the content and, more generally, all the information on their online interface, as well as the data and their use of it in the context of the service. They therefore assume full civil and criminal responsibility for the content, any virus infection of the user’s data and/or software, for whose protection they are responsible.

5. DURATION OF THE SERVICE AND CANCELLATION OF A MYLIFE ACCOUNT

Access is automatically suspended if the phone number linked to the user’s e-mail address is blocked.

Access is automatically cancelled in the event of a change of subscriber, porting or following deactivation of a phone number linked to a myLife account by one or other of the parties.

The user may also request, at any time, the cancellation of their myLife account or additional service (add-on) by contacting the LUXGSM Helpline (4321 from a mobile or 8002 4321 from a landline). Each cancellation request on behalf of the user only takes effect after confirmation of receipt by LUXGSM via the e-mail address linked to the user.

LUXGSM may also cancel a myLife account or service by notifying the user by e-mail with a one-month notice period. This cancellation does not give the user any right to any form of compensation.

6. Personal data

The user is solely responsible for the data which they communicate to LUXGSM and declare that the data provided during their registration on the Internet user account are correct and accurate. The user is informed that, in accordance with the Law on Data Protection, personal information marked as mandatory on the access forms and gathered for the purposes of the service is necessary for its use. This information is held exclusively by LUXGSM and the operator of the network for the implementation of these terms of service. The user has the right to contest access and rectify the relevant data, which they may exercise directly on the site under the “Profile” section or by writing to the head office of LUXGSM.

7. JURISDICTION
The governing law for the implementation, application and interpretation of the obligations and their consequences shall be Luxembourg law. Any dispute resulting from this contract, its implementation or its consequences falls under the exclusive competence of the courts where the head office of LUXGSM is located.