These terms and conditions (hereinafter referred to as T&Cs) set out the rules for use of the mobile application ('app') GouvAlert.lu.
GouvAlert.lu is operated by the State of Luxembourg (hereinafter referred to as 'the State'). It is published by the Centre des technologies de l'information de l'Etat (Government IT Centre – hereinafter referred to as 'CTIE'), located at 1 rue Mercier, Luxembourg.
By installing and/or using the application GouvAlert.lu on their mobile phone, users are deemed to have read and unreservedly accepted these T&Cs in their entirety. They agree to abide by these terms.
Article 1: DEFINITIONS
The term 'user' means any natural person, whether an adult or a minor (having obtained permission from their parents or the person holding parental authority), who downloads the application GouvAlert.lu to a mobile phone.
The term 'application' (or 'app') refers to the software application GouvAlert.lu, which can be downloaded from the 'Apple Store' and 'Google Play Store' platforms for installation on compatible mobile phones. The application was designed to run in mobile phone operating systems.
The app comprises 'content' and 'services':
- 'content' refers to texts providing information about what to do in the event of minor or major emergencies, the graphic chart, logos, images and illustrations;
- 'services' are the following functions and features included in the app:
- 'notification': alert message sent to the user on their compatible mobile phone using 'push notification' technologies;
- '112 call': a telephone call to the Luxembourg Central des Secours d’Urgence (Emergency Services Centre, hereinafter referred to as 'CSU 112'), with transmission of the GPS geographic location (hereinafter 'geolocation') of the user's mobile phone.
Article 2: PURPOSE OF THE APPLICATION
The State has developed the mobile app, GouvAlert.lu, to broadcast alerts to the population. The application can be downloaded from the Apple Store and Google Play platforms.
The free app enables:
- CSU 112 to broadcast alerts about major incidents;
- users to receive alerts about emergency situations which could impact public safety, or a crisis as defined by the law of 23 July 2016 setting up the High Commission for National Protection (Haut-Commissariat à la Protection nationale - HCPN);
- users to contact the emergency number 112 directly through the app. Such calls will be automatically geolocated by CSU 112, enabling the emergency services to locate the call and respond as quickly and accurately as possible;
The app supplements the Luxembourg authorities' existing alert system, and is part of an overarching effort to raise public awareness of and familiarise the population with risk situations, and how best to protect themselves.
For preventive purposes, the content – i.e., information on what to do in case of emergencies, and on various emergency action plans – can also be accessed through the app, regardless of whether it is being used for emergency alert broadcasts.
The State may, at any time and without notice to the user, alter or update the purpose of the application.
Article 3: NOTIFICATIONS
By installing the app on their mobile phone and accepting these T&Cs, the user agrees to receive information and messages as push notifications on their compatible mobile phone.
These messages and information are provided for informational purposes only, and under no circumstances may the Luxembourg Government be held liable as a result.
Furthermore, it is impossible to guarantee with 100% certainty that all users will receive the alerts, or that they will receive all alerts, at all times.
Article 4: HARDWARE NEEDED TO USE THE APPLICATION
To access and use the app, the user must have:
- a compatible mobile phone:
- either an Apple® iPhone® running iOS 8 or later;
- or a mobile phone running Android® OS 4.1 or later;
- internet access;
- a customer account on 'Apple Store' or 'Google Play Store'.
The app cannot be downloaded and run on a tablet.
Article 5: AVAILABILITY OF THE APPLICATION
The Government shall employ every effort to ensure security in accessing, viewing and using the app's content and services.
In principle, it should be available 24/7, except for reasons of force majeure or the occurrence of an event beyond the Government's control, and during operations:
- to carry out technical maintenance;
- to implement updates;
- to make technical improvements or change the content and/or presentation;
- for any other reason deemed necessary.
Such operations may be carried out at any time, without prior notice to the user.
In the event that the app is unavailable or does not work properly, users are entitled to no indemnification.
Article 6: FINANCIAL CONDITIONS
The app can be downloaded for free from Apple Store or Google Play Store.
The user alone is responsible for buying the equipment and hardware necessary to access and use the app. Similarly, the user is responsible for any telecommunication costs incurred for access to and use of the application.
Article 7: INTELLECTUAL PROPERTY OF THE APPLICATION
The Luxembourg Government is the exclusive owner of all intellectual property rights pertaining to the structure and content of the application, unless expressly stated otherwise.
These T&Cs do not entail the transfer of any intellectual property right to the user, with respect either to the structure or the content of the application and its services.
Users expressly undertake to refrain from using the application in such a way that may infringe the rights of the State and, in particular, refrain from any such use that may constitute counterfeiting or parasitic use of information, or unfair competition.
None of the texts, graphics, icons, photographs, illustrations and, more generally, none of the elements making up GouvAlert.lu, may be represented, reproduced, exploited or extracted, either in part or in full, on any medium whatsoever, without the express, written authorisation of the Ministry for Digitalisation (Ministère de la Digitalisation).
Article 8: LICENCE TO USE
The State grants users a free licence to use GouvAlert.lu, limited strictly to personal use. Thus, users are forbidden from using the app for business purposes.
The licence is non-exclusive, non-transferable, and may be revoked at any time.
Article 9: LIMITATION OF LIABILITY
The State cannot guarantee with 100% certainty that all information and other data available in the app – whether provided by the State, CSU 112 or any other person or organisation – will be accurate and complete, especially as such information pertains to current affairs and is subject to regular updates and enrichment.
Similarly, the State may not be held liable if access to the application is interrupted due to maintenance operations, updates or technical improvements, or for the purpose of making changes to the content and/or presentation.
In addition, the State may temporarily or permanently suspend access to the app and to any connected services, without indemnification.
The State accepts no liability for any direct or indirect damage occurring in connection with changes or modifications made to the app.
The State may not be held liable for the presence of viruses in the application or for the communication of incorrect data relating to the geographical location of the user's mobile phone.
The State is not responsible for the content of any websites that can be reached through hyperlinks in the application.
The user alone is responsible for updating the app to its latest versions. The State assumes no responsibility in this regard.
The State may not be held liable if the application is inaccessible for whatever reason.
The State may not be held liable if, for whatever reason, the internet connection is interrupted.
The State may not be held liable for any omissions and/or errors the app may contain.
The State may not be held liable for:
- damage of any sort, whether direct or indirect, resulting from the use of or an inability to use the application, and notably any operating, financial or commercial loss, or loss of programs and/or data in the app user's information system;
- damage of any sort, whether direct or indirect, resulting from the content and/or use or inability to use websites linked to the app or which the user would usually be able to access through the app.
The State accepts no responsibility in case of incorrect use of the terminal and/or of any accident relating to the use of the terminal while using the app. Under no circumstances may the State be held liable for any damage of any sort, caused to the user, their terminal, their computing or phone equipment and data stored thereon, or for the consequences of such damage for their personal, professional or commercial activities.
The user declares that they are fully aware of and accept the risks, limitations and problems of the mobile internet network and the application's operating system, for which the State may not be held liable, and in particular, recognises that:
- they use the app at their own risk;
- the app is accessible ‘as is’, depending on its availability;
- they are responsible for protecting their own data and/or software stored on their mobile phone, and for taking all appropriate measures to protect them against any damage (malfunction, virus, hacking, etc.);
- the technical performances of mobile internet require sufficient processing time to respond to, consult, request or transfer the information.
Article 10: CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE
The State reserves the right to modify or supplement any or all of these T&Cs at any time, and without prior notice to the user, so that they reflect changes to services, or technical or legal changes, or any new services that may be introduced.
Thus, the State advises all users to apprise themselves of the T&Cs governing the use of the app. Only the latest version of these T&Cs accessible online is deemed to be in force at the time of use of the app by the user.
The State will notify users of any modifications to the T&Cs simply by publishing them online.
Article 11: APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These T&Cs are subject to Luxembourg law.
Any dispute or disagreement arising in connection with the execution or interpretation of these T&Cs which has not been amicably settled shall be subject to the jurisdiction of the Luxembourg courts.