Terms and conditions of use

Each time you visit the website www.mobistar.be (hereafter referred to as "the website"), you are deemed to have accepted, without reservation, these terms of use and where applicable, special conditions of services you use through the website.

1. Purpose

The website features public and private content:

• The public content featured on the website can be accessed by all those who want information about Mobistar as a company or about the products and services Mobistar offers. The access to this public content is totally free.
• The private content is available to Mobistar clients exclusively and only accessible after entering a personal code (login and password).
  This content relates:
  • to the use of online services, among which some are charged and invoiced together with the other Mobistar services including, but not limited to, games, contests, gifts, articles, etc.;
  • to the use of computerized tools for the management, administration and configuration of the client account, products and services.

2. Private content

Access to private content is reserved to Mobistar clients who are already registered.

For this purpose, Mobistar clients must follow the ad hoc registration procedure. When successfully registered, the client will receive a password (possibly through a text message).

This password is confidential. The owner of the password is the only person responsible for the use of this password, especially in case of possible fraud resulting from voluntary or involuntary communication of this password.

You are responsible for your registration on the website.

Parental consent is mandatory for the registration of minors. Mobistar will in no way be liable for undesired registration of minors.

Without prejudice to other rights that Mobistar could assert under the present terms and conditions of use or under the law, Mobistar can immediately limit or deny the access to the private content in case of:

• non-compliance with the obligations towards Mobistar, notably, but not limited to, non-compliance with the terms and conditions of use as described hereunder or special conditions of one of Mobistar’s services;
• violation of the rights of Mobistar or other clients, or risk for the safety of Mobistar and/or a third party;
• suspension or termination of the Mobistar subscription or of the Tempo card.

Mobistar can also cancel your registration if you have not visited the website at least once during a period of six consecutive months. However, you can re-register by following the procedure described on the website.

3. Acceptable use policy

• You are responsible for your acts on the website. By the present you declare having the right to use the website and to activate and use the services, including chargeable services. Mobistar is in no way liable for illegal and/or inappropriate use of the website or services accessible through the website.
• You commit yourself not to use the website or the services available through the website:
  • in a way that’s contrary to the rules of common sense and safety, to the present conditions of use, and to the laws and regulations in force. It is also prohibited to use the services in a way that’s contrary to proprieties and public order;
  • to publicize, send or upload material of which content is obscene, illicit, slanderous, threatening or which incites racism or xenophobia;
  • to publicize or send material containing any commercial message, advertisement or promotion. The services proposed on the website can only be used for personal purposes and without commercial objectives;
  • to publicize, send, or upload advertisements, junk mail, spam, unsolicited or illicit chain messages or any duplicating or undesirable message;
  • in a way that interrupts, damages or interferes with the website, the services or activities of third parties, notably by creating unreasonably heavy data transfers;
  • to publicize, send or upload computer viruses or other malicious programs.
• You are aware that there is a behaviour code on the Internet called "netiquette", and you commit yourself to comply with this code.
• You commit yourself to respect and in no way compromise the rights of Mobistar and third parties, notably, but not limited to, property rights, intellectual property and the right to secrecy.
• You are aware that these obligations are entirely applicable to the interactive part of the website. Mobistar can immediately deny you access to the interactive part, without justification, in case of non-compliance with the present conditions.
• You declare being aware of the risks related to the disclosure of your confidential data through the Internet. Disclosing these data is exclusively your responsibility. You are responsible for the protection of your data, computer systems, and means of telecommunication against the risks related to the Internet, like viruses for example.
• In case of infringement to the present terms and conditions of use, you commit yourself to fully compensate Mobistar and/or third parties for any loss, expenses, dispute, and prejudice of any nature, which could result from this infringement.

4. Modifications

• Mobistar has the right to modify or to cancel some information or services proposed on the website and to propose new services, without notice.
• The terms and conditions of use hereafter can be modified. Mobistar commits itself to publish any modification on the website as quickly as possible.

5. Mobistar’s obligations

Mobistar will commit itself to take all necessary measures to ensure the access and the smooth operation of the website and of the services chosen by the client. Mobistar only has an obligation of means. Mobistar freely chooses the technical means necessary to ensure the above-mentioned access and smooth operation under the best conditions possible.

6. Mobistar’s liability

• Even though Mobistar is taking great care in designing and maintaining the website, errors and omissions can occur. Therefore, Mobistar does not guarantee the exactness, the sufficiency, or completeness of the information featured on the website.
• Neither does Mobistar guarantee that the website is free from viruses or errors and that it will operate without interruption. Mobistar does not guarantee the permanence of the availability and the capacity of the website and the services.
• The consultation and/or use of the website is your responsibility. Mobistar is not liable in case of direct or indirect prejudice resulting from the interruption or the termination of the website and/or services. Mobistar can in no way be held responsible for the content of the website, or for the purpose for which this website can be used.
• Mobistar can in no way be held responsible for the content or the existence of the sites to which the hyperlinks refer. Links to other sites are only there for the users’ convenience and this doesn’t imply that Mobistar adheres to and/or approves the site or the products or services that are described on that site. You access and use other websites linked to this site at your own risk. Mobistar does not endorse any obligation or liability regarding this matter. Mobistar reserves the right to delete any link at any moment.
• Mobistar cannot be liable for services or their invoicing if these are proposed by third parties through the website, nor if Mobistar should receive a compensation of any nature as a counterpart, nor if Mobistar should take care of the invoicing of these services for third parties.
• In no case can Mobistar be liable for indirect or immaterial damage, or consecutive damage or financial prejudice.
• Should Mobistar’s liability be confirmed, the total amount due by Mobistar may not exceed 25,000 euros.
• The above-mentioned limitations and/or exclusions from liability are applicable providing that they are possible according to the legislation applicable, except in case of fraud or gross negligence on the part of Mobistar.

7. Intellectual property

• You acknowledge and accept that the content of the website (text, software, music, pictures, graphic elements, video images or any other material featured on the website) which is proposed to you is legally protected, notably by copyright.
• You acknowledge and admit that the content of the website can only be used after prior written consent of Mobistar or the possible rights holders and that you cannot copy, publicize, distribute, modify, publish, sell nor use parts of the website without prior written consent from Mobistar or any other possible rights holders.
• The denominations, logos and brands featured on this website and/or any other Mobistar site, notably Mobistar’s logo and name, are legally protected. The client cannot use these denominations, logos, and brands without prior written consent from Mobistar or other possible rights holders.

8. General provisions

• To file a complaint, the client can contact the customer service of Mobistar SA. PO box 950, 1140 Brussels, tel.: 0495 95 95 00, 02 745 95 55 or toll-free number with Mobistar mobile phone: 5000, fax: 0800 95 95 6.
• The terms and conditions of use are regulated under Belgian law.
• Any dispute arising from the consultation and/or use of the website or services that are available through the website and cannot be settled amicably falls within the exclusive jurisdiction of the courts of the judicial district of Brussels.
• In case of conflict between these conditions and specific conditions that apply to services that are available through the website, the provisions of special conditions prevail.
• The invalidity, unenforceability or impossibility of being penalized of a clause of these terms and conditions shall not prevent the validity, enforceability or the possibility of being penalized of the terms and conditions of use, unless the terms and conditions of use are no longer applicable without this clause.
• The website contains links to other Mobistar websites which are also subject to these terms and conditions of use.