General Terms and Conditions of Use
Welcome to the ANAC Service (hereinafter the “Service”). This Service is operated by TOTAL BELGIUM (Société Anonyme having its registered office Rue du Commerce 93, 1040 BRUXELLES – BELGIUM) and is provided to you by the Total entity in the state where you have downloaded and registered for the Service (hereinafter the "Provider"). The Total entity located in your jurisdiction will be your contractual partner for the use of the Service under the applicable local law. Total Belgium is the “site publisher”.
By creating your account to use the Service, you acknowledge that you have read, understood and accepted without limitation or reservation these General Terms and Conditions of Use (hereinafter the "Terms") which are the rules which apply to you as a user of the Service. Please note that if you download other Total Group applications, different general terms and conditions and policies apply to these applications. Additionally, depending on the platform from which the Service was downloaded additional terms and conditions may apply to your use of the Service. We recommend that you read their legal notices carefully. If you disagree with these Terms, please do not use the Service or any other feature of it.
The companies in the Total group have their own legal existence and have independent legal status. The data controller company belongs to the Total Group. The terms “Total” and “Total Group” are sometimes used for practical reasons to generally describe TOTAL S.A. (the holding company) and/or its subsidiaries. Similarly the terms “we”, “our”, “us” refer to the Total entity located in your jurisdiction, in its capacity as data controller, or any other company in the Total Group generally. Any use of these expressions shall not imply any involvement whatsoever of TOTAL S.A., nor of any of its subsidiaries, in the business operations or management of any other Total Group company.
The Terms set out the rules which apply to you as a user of the Service as follows:
- Preliminary provisions and technical requirements
- User license and Intellectual property
- Your Use of the Service
- Our liability to you
- Changes to the Terms
- Final provisions
- How to contact us
1. Preliminary provisions and technical requirements
To benefit from optimal use of the Service, certain minimum technical requirements must be met:
- 1.1. Your device must be able to connect to the Internet in order to download the Service from the website or a store (App Store, Google Play, etc.), install it and then use it.
- 1.2. The device you use must be compatible with the Service system requirements as given on the download page and must have an operating system version compatible with the Service. The technical conditions for use of the Service, including the required storage space for downloading, must comply with the requirements specified when downloading or specified by the operating system supplier for your device. We recommend using updated versions of the required software. Regular updating of your device may be necessary.
- 1.3. When downloading data via the Internet which occurs when you use the Service, you may incur additional connection charges depending on your mobile phone contract. These charges depend on your contract with your mobile phone operator and you accept responsibility for any such charges that arise.
2. User license and Intellectual property
- 2.1. Principle. All the information and documents (text, images - animated or otherwise, databases, sounds, photos, knowledge, products referred to) stored in the Service and all the elements created for the Service and its general structure are either the property of the Provider and/or of the companies within the Total Group or are subject to rights of use, duplicate, represent which have been granted to such. This information and these documents or elements are protected by intellectual property rights and shall remain at all times vested in us or our licensors.
- 2.2. License. We grant you, world-wide and for the legal term of protection of the intellectual property rights, the right to install and use for private and non-commercial purposes the software program that makes it possible to run the Service you have downloaded on your device and to execute copies of the software program needed for it to operate. This right is not assignable and not transferable.
- 2.3. Usage restriction. No license or any right than to download, view and use the Service has been granted to you. For any other usage, reproduction of the information contained in this Service you must be authorized by the Provider and must properly indicate the source and identify its ownership.
- 2.4. Distinctive signs. Unless otherwise stipulated, company names, logotypes, products and brands quoted in the Service are the property of the Provider and/or of the Total Group, or are the subject of rights of usage, reproduction or representation granted to the latter. They cannot be used without the Provider's prior written authorization.
- 2.5. Databases. Any databases made available to you are the property of the Provider which is the producer of the database. You are forbidden to extract or reuse a substantial qualitative or quantitative proportion of the databases including for private purpose.
3. Your Use of the Service
- 3.1. Each user of the Service certifies that he/she complies with these Terms and with applicable laws, in particular that the user:
- has the necessary capacity, equipment and means to access, download and use the Service;
- bears the cost of the telecommunication charges incurred in order to access or use the Service, depending on the user's contract with his/her mobile phone operator;
- must keep strictly confidential and consequently be responsible (except if the Provider is at fault) for use and security of the access codes and passwords you will define in order to access the Service. The Provider reserves the right to block, restrict or suspend your access to the Service or to remove your account and your profile in the case of fraudulent use or attempted fraudulent use of the Service.
- 3.2. By using the Service you agree not to:
- use the Service for illegal purposes;
- use the Service in such a way that could interrupt, damage or harm the Service or make it less effective;
- transfer files containing viruses, Trojan horses or any other harmful computer program;
- access or attempt to access another user's account or bypass or attempt to bypass the Service's security measures, and/or
- use the Service in such a way that could harm our reputation, name or image.
- 3.3. Each user is responsible for all the actions performed via his/her account and the Provider cannot be held liable (except if the Provider is at fault) for any use of this account resulting from fraudulent use or loss of his/her identifiers, or in the case of any damage he/she may incur, of any kind whatsoever, when downloading, accessing or using the Service.
- 3.4. The Provider reserves the right to suspend, restrict or cancel your access to the Service at any time if we have reason to believe that you have breached any of the restrictions or obligations in these Terms. In such case, the Provider will give you prior notice of its decision to suspend, restrict or cancel your use of the Service. This clause shall in no way limit our right to take any other measure against you that we consider appropriate in order to defend our rights and those of any other person.
4. Our liability to you
- 4.1. We do not make any representations, warranties or terms of any kind in respect of this Service or its content other than those required by applicable law. All information and/or data included in and/or on this Service are made available on an 'as is' basis and are for guidance only. Your use of such information and/or data is therefore entirely at your own risk. We expressly exclude, to the fullest extent permitted by the applicable law, all liability of Total and its group companies, its directors, employees or other representatives, howsoever arising, for any loss or damage suffered as a result of your use of this Service or caused by any reliance placed on such information and/or data by you or anyone to whom you communicate such information.
- 4.2. Nothing in these Terms excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part or for any other liability that cannot be excluded or limited under applicable law.
- 4.3. The information and recommendations available on the Service (“Content”) are provided in good faith and are in principle correct at the time they are posted on the Service. However, the Provider does not guarantee their exhaustive character and it is up to you to check any additional conditions if they exist. You take full responsibility for the risks related to use of this Content. This Content is provided on condition that you or any other person receiving it can determine its interest for a specific purpose before using it.
- 4.4. The Provider reserves the right to modify, correct, suspend, cease or terminate the Content of the Service (or any part of it) at any time without prior notice.
- 4.5. The Provider does not guarantee that the Service will operate without interruption (particularly when the Service is being updated) and that the servers providing access to it operate and/or that the third party websites to which hypertext links refer do not contain viruses.
6. Changes to the Terms
The Provider reserves the right to review and revise the Terms from time to time, in particular to satisfy the requirements of providers of platforms for the distribution of applications. We will inform you about any material changes to the Terms ("New Terms") at least 30 days in advance and you can find the latest version of the Terms under the settings menu of the Service. If you do not object within 30 days after the receipt of the notification and continue using the Service after the expiry of the deadline, the New Terms shall be deemed to be agreed. The Provider will inform you about your rights and the deadline to object to the New Terms in the advance notification. If you object to the New Terms you can no longer use the Service and we ask you to delete it from your device.
7. Final provisions
- 7.1. These Terms constitute the entire agreement between you and us relating to the Service and supersede any prior written or oral promises of any nature that may have been made about the Service. Neither you nor we have entered into these Terms in reliance on any prior representation or statement (whether made innocently or negligently) that is not set out in these Terms.
- 7.2. Any failure or delay by us in exercising any right or remedy under these Terms will not constitute a waiver of that right or remedy and we may still enforce that right or remedy at a later time.
- 7.4. Your use of this Service is personal to you and for your benefit. You may not assign or otherwise allow another person to use this Service without our prior written permission.
8. How to contact us
If you have a question, concern or complaint about these Terms, please use the following contact details:
Tel : + 32 93 411 628
Email : [email protected]