Terms of using the service “My Contacts” in public mobile communications network of Telenor d.o.o. Belgrade
1. Subject and Application
2. Service Description
2.1. The service is an Internet service for saving and copying contacts, which enables the customer to keep, inspect and manage his contacts between devices and the web interface. The service is supported on mobile platforms with older phone models, iOS and Android. The list of supported phones is given on the internet page http://rs.mycontacts-app.com. With his phone or over the Web, a customer has a possibility of managing his contacts, saving them on the internet web portal with application installed on the phone, manage them on the mentioned web portals, as well as transfer the contacts from the web to the phone or from a phone to another phone.
2.2. In order to use the service on his phone, i.e. web portal, a customer must be connected to the Internet over WiFi network or data traffic network. This is a basic precondition for the use of the service.
2.3. With the help of this service, a customer can easily manage his contacts – change, remove, duplicate them, add a Facebook profile pictures and his contacts’ birthdays, which will help him remember all the important dates.
2.4. Telenor has laid down the service price and commercial terms for its use in line with Telenor business policy and the Price List, which has been published on the Internet page www.telenor.rs. Telenor is authorised to change the service price and/or commercial terms and Telenor is under the obligation to inform the customer of these changes in advance, by publishing them on the Internet page www.telenor.rs.
3. Provision of the Service by Telenor
3.1. Telenor shall provide the service based on a contract concluded between Telenor and Telenor Digital, company founded in line with the laws of Norway, under registration No. 996516288 and with registered seat at the address Snarøyveien 30, 1331 Fornebu, Norway (hereinafter referred to as: Telenor Digital).
3.2. By activating the service, as described in Chapter 4 hereof, a customer shall confirm that he/she has been informed and agrees:
· that Telenor and/or Telenor Digital can hire third physical and/or legal parties so as to enable the provision of the service to a customer;
· that servers at which the service platform is, are located in Norway and owned by Telenor Digital;
· that the service and contents can be placed on servers which are not being used and/or are not the property of Telenor and/or Telenor Digital, but are used and/or are the property of Amazon (hereinafter referred to as: Amazon);
· that servers on which the services and contents are placed, can also be in other countries, not in Serbia and/or Norway and that he/she agrees for the service and the contents to be placed on such servers;
3.3. The customer agrees that Telenor and/or Telenor Digital and/or third parties engaged for the provision of the service, including but not limited to Amazon, can make modifications on servers, which are necessary for the provision of the service.
3.4. By accepting these Terms, the customer confirms that he/she has been informed that Telenor shall not be responsible for the service functionality and that the service functionality shall be the sole responsibility of Telenor Digital, to the extent envisaged under Telenor Digital Terms of the Service Use.
4. Service Activation/Deactivation
· that Telenor shall be a handler of data it collects from a customer regarding the provision of the service, as well as of all other services and products based on contractual relation between Telenor and the customer;
· that the Customer shall supply and make available to Telenor and Telenor Digital the data specified in Article 4.2 hereof and that Telenor and Telenor Digital shall have a position of data handlers with regard to the specified data;
· that Telenor and Telenor Digital can use the data specified herein for the sake of providing the service;
· that Telenor and Telenor Digital can deliver the data specified herein to persons engaged for the provision of the service only for the purpose of and to the extent necessary for the provision of the service, in which case such persons shall have a position of data processors.
Provisions of this Article shall not relate to the password, which shall be the exclusive ownership of the customer and Telenor and/or Telenor Digital shall have no access to it.
4.3. Telenor or Telenor Digital shall send the customer a SMS message for the verification of the service activation. After activating the service, the customer shall use his/her user name and password, but the customer can change the password after service activation and any time thereafter.
4.4. The customer shall be under the obligation to provide correct, full and clear information for the service activation, which are necessary for that.
4.5. The customer shall be under the obligation to protect and keep safe his/her user name and password and inform Telenor immediately of any unauthorised use of the customer’s user name and/or password and/or other security violations.
4.6. The customer shall be solely responsible for the use of the password. The customer shall not be authorised to disclose his/her password to third parties. Should the customer disclose to third parties his/her password or any other information regarding his/her account, the customer is recommended to immediately change his/her password.
4.7. The customer shall be particularly prohibited from:
· selecting or using the identity or password of third parties with the intention of personifying himself/herself as that person;
· using a name of which another third party is the holder;
· using the identity of Telenor or Telenor Digital at his/her own discretion, which can be considered punishable or inappropriate.
4.11. Provisions of Article 4.10 hereof shall apply also in case the contract relationship between Telenor and the customer ceases, except for the provisions relating to the use of customer’s private data by Telenor, in relation to which provisions of the General Terms and relevant laws will apply.
5. Privacy and security
5.1. The customer can share the contents publicly over public networks, e-mail, enable third parties to access to contents, etc. at his own risk and responsibility. Every use or exploitation of any contents or materials saved over the service or procured by the customer over the service, shall be at the customer’s own risk. Under no condition shall Telenor and/or Telenor Digital and/or third parties hired by Telenor for service provision, including but not limited to Amazon, be responsible for the contents, including but not limited to errors or defects of contents, or any loss or damages of any kind incurred as a result of using the contents generated or made accessible via the service.
5.2. The customer agrees that Telenor and/or Telenor Digital can use the customer’s personal data in the preparation and providing the analysis relating the service provision and promotion.
5.3. Contents which the customer supplies or receives over the service shall be kept safe.
5.4. Links for communications between the service platform and the contents have been secured by using a strong encryption.
5.5. Should the customer sell or otherwise surrender his/her mobile phone to a third party, the customer should uninstall the service application and reset his/her mobile phone to factory configuration. By resetting to factory configuration, the customers shall avoid a possibility of contents becoming available to such third parties.
6. Content Related Rights
6.1. The customer reserves the rights over his contents supplied, posted or published by the customer on or over the service.
6.2. By supplying, posting or publishing the contents on or over the service, the customer guarantees Telenor a world, non-exclusive, fee-exempted licence (with a right to sub-licence) to process such contents in a way necessary for the provision of the service. Telenor may modify or adapt the contents with a view to transferring, publishing or distributing the contents over computer networks and different media and/or to make changes in the contents that are necessary for the contents to be adapted and adjusted to the requests or limitations of any network, device, service or media. This licence authorises Telenor only to mediate with the customer’s contents.
6.3. Telenor shall respect customer’s rights to privacy and Telenor, Telenor Digital and/or third parties engaged for the provision of the service, including but not limited to Amazon, shall have no access to the contents, except at the request of a court or other competent state authorities, in line with the law.
6.5. The customer shall be solely responsible for the contents and for ensuring that the contents are not of offensive nature, instigating others to commit criminal acts, encouraging and /or supporting discrimination or placement in inequitable position based on race, skin colour, gender, religion, ethnic affiliation, national or other affiliation, represent distribution of pornographic or other same or similar contents.
6.6. The customer guarantees that the contents do not infringe on any copyrights and/or intellectual property rights of third parties and the customer shall be exclusively responsible for contents and under the obligation to indemnify Telenor for any damages which Telenor compensates to third parties, and which damages have been incurred as a consequence of the violation of copyrights and/or intellectual property rights of third parties with contents.
7. Restrictions Regarding Contents and the Use of Service
7.2. When accessing or using the services, the customer particularly shall not: (i) access, interfere in or use non-public areas of the service, Telenor internal computer systems, including technical delivery systems of Telenor sub-suppliers used for service provision, (ii) examine, browse or test the vulnerability of any system or network or violate or circumvent any security measure or authentication measure; (iii) access or request or attempt to access or browse the service in any sense (automatically or otherwise), other than over Telenor currently available, public interfaces provided by Telenor (and only in line with such terms and provisions), except if the customer is specially permitted to do that under a separate contract with Telenor; (iv) falsify any TCP/IP package heading or any part of the information heading in any e-mail or post or in any other way by using the service for sending changed, misleading information or information with incorrect source identification; or (v) obstruct or disrupt (or attempt to do that) access to any customer, computer or network, including, but not limited to, sending viruses, overload, overflow, spamming, junk mail or writing a set of orders for creating contents in the sense which is contrary to or creates unjustified overload of the service or service users.
7.3. The service is intended only for legitimate individual use.
7.4. Should a customer act contrary to the provisions hereof and/or provisions of the General Terms, Telenor shall be authorised to disable the customer from using the service and/or phone number and/or SIM card, temporarily or permanently, in line with the procedure stipulated by the General Terms.