General Terms & Conditions
These General Terms and Conditions set out the conditions relating to the use of the "Family Life" application (hereinafter "Service") organized by Proximus SA under public law, exercising its activities under the trade name Proximus, hereinafter referred to as "Proximus".
- The Service is accessible via the application for tablets and mobile terminals. Access to and use of the Service is governed by these General Terms and Conditions. By using the Service, you become Users of the Service (hereinafter "Users" or "User") and fully and unconditionally accept these Terms and Conditions. Users are deemed to be cognizant with the content of these Terms and Conditions.
- The Service allows the User to create User Circles or to be invited into User Circles. A circle gives access to different tools allowing the sharing of content between the Users of this circle (hereinafter "Content"), for example sending messages, sharing contacts, sharing a calendar or shopping lists. A User may authorize access to a circle to persons he has selected and expressly authorized. These people will receive an invitation, by e-mail or text message, containing a link to access it and they will have to create an Account beforehand.
- The Customer is solely liable to Proximus and to other Users for the use of the Service. He shall ensure that he uses the Service as a prudent and reasonable person and in accordance with the provisions of the General Terms and Conditions, any applicable law, public order and morality and the instructions for use. The Customer is responsible for the Content that he uploads and makes available on the Service and for any communication via the messaging tool, without any obligation on the part of Proximus to monitor it. The User must have all the necessary rights or authorizations for all the Content that he uploads on the Service.
- The User shall take all useful precautions to maintain the secrecy of his identifiers. The User is responsible for any malicious or abusive use resulting from the voluntary, fortuitous or accidental communication of said identifiers. Any use that is made of the Service following the introduction of the identifiers shall be deemed to have been made by the User or with the User's authorization. Any User who transfers, loses, copies or lends out his identifiers for accessing the Service or has them stolen must inform Proximus immediately.
- Access to and use of the Service is free of charge. Mobile data traffic resulting from the use of the Service is, however, is payable by the User.
- Access to the Service is available to all residents who have a MyProximus account. It is not mandatory to be a Proximus client in order to access the Service. In order to use the premium functionality (location, recipes), the User must be a Proximus client who has subscribed to the Flex or Flex Premium product. The Premium User will have the possibility to create and assign premium functionality to up to four circles. All other circles will benefit from the standard functionality only (shopping list, calendar, messaging). If the Premium User is already a member of multiple circles, the first four circles the he/she has joined will benefit from the extended premium functionality. Once a circle is upgraded to premium all its members will automatically have access to the premium functionality even if they have not subscribed to a Flex product.
- The identity of the Users is determined on the basis of the data they provide at the time they create their MyProximus Account. Proximus can under no circumstances be held liable if the identification of a User is impossible due to incorrect or incomplete data being provided by the latter. The use of false data will result in the exclusion of the User.
- The e-mail address linked to the MyProximus account will be used as a communication channel in connection with the Service. Users accept that all communications will go via this e-mail address.
- Proximus reserves the right, in particular for maintenance reasons, to temporarily suspend access to the Service or to some of its features and this without prior notice in the event of an emergency.
- A non-exclusive, non-transferrable license is granted to Users of the Service for access to and use of the Service, in strict compliance with these General Terms and Conditions. Users are not granted any intellectual property rights to the Service.
- The Service is reserved for private and non-commercial use.
- Within the limits provided for by the laws in force, Proximus declines all liability in the event of claims, penalties, loss, damage or expenses incurred in connection with the use of the Service. The liability of Proximus is excluded with regard to immaterial or indirect damage such as loss of profit, and loss or corruption of data. Nothing in these General Terms and Conditions excludes the liability of Proximus for its own intention or for any other form of liability that cannot be excluded or limited under applicable mandatory laws.
- In the event of fraud, misuse, bad faith and/or non-compliance with these General Terms and Conditions or other Proximus general conditions, Proximus has the right to take any appropriate administrative action and/or legal action, inter alia, to suspend or exclude Users.
- The User may terminate the Service at any time by deleting all his Circles.
- Proximus reserves the right to develop the Service, in particular by making new features available or by modifying or removing certain features. Users will be notified thereof in advance.
- Proximus may terminate the Service at any time, upon simple notification to the user by e-mail, without notice or compensation being due.
- Proximus is authorized to amend these General Terms & Conditions at any time. In that case Proximus shall notify the Users thereof by e-mail and specify the date as from when the amended General Terms and Conditions will enter into effect. If no date is specified, the amendments shall apply as soon as a User is informed or becomes aware of the amendments.
- In the event that any provision(s) of these General Terms and Conditions are held invalid or unenforceable by a court of competent jurisdiction or by any future legislative or administrative action, such a decision or action shall not negate the validity or enforceability of the other provisions of these General Terms and Conditions. Such invalid or unenforceable provisions shall be replaced with provisions which accomplish - to the extent possible - the original purpose of those provisions.
- Any dispute that may arise in connection with the use of the Service shall be governed by Belgian law.
- Users can receive assistance by sending an e-mail to the following address: email@example.com
Proximus requires that the User creates a MyProximus account prior to accessing this service. The data collected during the creation of the account is necessary in order to give access to the Service. The “Family life” profile includes following mandatory pieces of information: the surname, first name and email address. The user has the possibility of completing his profile by adding other optional data (photos, videos, telephone number, gender, birthday, etc.).
The data that the user provides via the various shared tools of Family Life will only be used the context of this provided Service. Only members of the circle can see the information and content that the User shares. In addition to the shared information the User also has the possibility of creating private events in the “Calendar” tool and private tasks in the “TO DO list” tool. These private events will only be visible to the User and, if he/she wishes, by a limited number of members of the circle that he/she explicitly selects.
The username linked to a User is associated to every post he / she creates. A User (administrator or otherwise) can delete any post (message, photo, event, task, contact, ...) that he / she has posted. In the event that the posts are not explicitly removed prior a User leaving a circle or terminating the Service, the username linked to the User will be removed from all posts they may have created. The User retains the possibility of deleting posts prior to leaving a Circle or terminating the service.
User data is managed and processed as long as the user account remains active. In the event that the User decides to terminate this Service, notably in the event of account termination, his "Family life" user profile will be removed from the date of deactivation. The removal of the “Family Life” user profile is independent of his/her MyProximus account, which shall remain active, as it allows access to other services.
Proximus and its partners may collect, use, transmit, process, store and share your precise location through GPS, WiFi, or wireless network triangulation for the purposes of providing our Service. This information may include but is not limited to your device ID and name, device type and real-time geographic location of your device. You may also be able to submit to Proximus location data such as "Places", and other information. Proximus may also supplement the information it collects with information obtained from other companies. Proximus does not share geographic location data with application providers. By enabling or using the location-based services or features (such as displaying your phone location, posting Footprints, etc.) and applications that depend on location-based information, you agree and consent to Proximus collecting, using, transmitting, processing, storing and sharing information related to your account and the devices registered to your account for purposes of providing such location-based services or features to you. You may withdraw this consent by turning off the "Locate" function in the location settings (as applicable) on your device. The "Family Map" feature is intended for your personal use only to locate the last explicit position of the family members. The location-based services are not intended or suitable for use as an emergency locator system as the location display may be imprecise or not valid anymore.
For more information on how data is managed and processed please consult the following link: www.proximus.be/privacy