3.1. Roaming and international calls CARREFOUR offers the Client the possibility of making or receiving calls from certain countries other than Belgium (“roaming”) or of making calls from Belgium to certain foreign networks (international calls). The list of these countries and the prices charged for these roaming services and international calls is available from CARREFOUR or on the website mobile.carrefour.eu and is regularly updated based on agreements entered into by CARREFOUR with other operators for this purpose.
3.2. Call number
3.2.1 A mobile telephone number (GSM number) shall be allocated to the Client. The Client does not have the right to demand or retain a specific number unless the Client transfers his number from another mobile telephony operator to the Carrefour Mobile Network, in which case he may retain the number allocated to him originally by the said other operator.
3.2.2 The Client is not entitled to subsequently amend the GSM number allocated to him.
3.2.3 The Client accepts that the GSM number and/or prepaid credit shall be permanently lost if the Client fails to comply with the conditions specifically set out by CARREFOUR and made known to the Client via the website www.carrefour.eu/mobile, text or other communication techniques. In particular, CARREFOUR reserves the right to terminate the contract in the event of non-use of the GSM number for a period of 6 months after making/sending the last chargeable call or text message (use meaning to make a call or send a text message). The Client is deemed to have accepted these specific conditions by virtue of having purchased a starter kit or Top-up.
3.2.4 In the event of the contract being terminated pursuant to article 3.2.3 above, the Client shall be informed by two text messages (the first one month prior to the end of the contract and the second one week prior to the end of the contract) of the possibility of retaining his GSM number as part of mobile number portability (MNP), by taking the necessary steps within the deadline. If he fails to do this, the Client shall lose his number permanently.
3.3. CARREFOUR’s obligations
3.3.1. CARREFOUR will do all it can to ensure the security and reliability of the Carrefour Mobile Network and the proper operation of the Carrefour Mobile Network Services. The Client acknowledges that the perfect operation of the Carrefour Mobile Network Services cannot be guaranteed because (I) the Carrefour Mobile Network does not cover the whole of the territory and population of Belgium and (II) radio signals can be obstructed by external factors such as buildings, vegetation or topography or by the type of mobile phone used.
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,
the intervention of third parties in spite of CARREFOUR’s security measures;
use or abuse of the Client’s PIN
3.3.3. 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 profit 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 files. 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 find out what data about him is held on CARREFOUR’s files and may seek to have it amended by sending a letter to POSTBOX 100011,1170 Brussels or by email to contact@Carrefour Mobile.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 email@example.com. 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 respect of which a complaint or objection is made and shall forward this to the said organisations if necessary.
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.
4.2.1. 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 100011,1170 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 identification 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 firstname.lastname@example.org 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 confirmed in writing to the address POSTBOX 100011,1170 Brussels within 8 days of the declaration. The written confirmation 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.
4.5. Sending text messages
4.5.1. The Client cannot send text messages via the Carrefour Mobile Network to groups of more than twenty (20) mobile phone users, whether or not they have been previously identified.
4.5.2. The Client cannot send text messages via the Carrefour Mobile Network where such messages have a commercial content of any kind.