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1. Definitions

1.1 Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer whether required by Lyca Mobile or the telecommunications operator of any Network that facilitates access to the Services. The Acceptable Use Policy is described in clause 5 below.

1.2 Account: The mobile telephone account registered or activated by a Customer that Lyca Mobile uses to provide the Products and Services to a Customer and to administer a Customer’s Personal Data.

1.3 Agreement: These general terms and conditions, the User Guide accompanying the SIM Card, and the Charges published by Lyca Mobile from time to time, including any special offers. An Agreement is deemed made between a Customer and Lyca Mobile when a Customer registers or activates an Account, uses our Top Up Services or uses our Services, whichever occurs first, and we will provide access to the Network as soon as we can so that provision of the Services can start.

1.4 Charges: The tariffs applicable from time to time for the use of the Services, including any connection fees and special offers. The current tariffs are available at http://www.lycamobile.co.uk.

1.5 Customer: Any individual, company or partnership that registers or activates an Account with Lyca Mobile. In these general terms and conditions, the Customer is sometimes referred to as “you” or “your”.

1.6 Customer Services Department: The department of Lyca Mobile that you may contact for any enquiries about the Products or Services. You may contact the Customer Services Department in several ways:

dial 322 (93#) from a Lyca Mobile Account

visit the website of Lyca Mobile at http://www.lycamobile.co.uk.

e-mail the Customer Services Department at [email protected]

1.7 Lyca Mobile: Lyca Mobile UK Limited (Company Number 05903820) (VAT Number GB 893 5384 77) with its registered office located at 3rd Floor, Walbrook Building, 195 Marsh Wall, London E14 9SG.

1.8 Network: The telecommunications networks used by Lyca Mobile to provide the Services to you.

1.9 Personal Data: The personal information that you provide to Lyca Mobile or that Lyca Mobile generates, collects, uses, processes and stores about you while providing the Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you.

1.10 Privacy Policy: The policy that describes how Lyca Mobile generates, collects, uses, processes and stores your Personal Data. The current Privacy Policy is available at http://www.lycamobile.co.uk.

1.11 Products: The Lyca Mobile SIM Card and Lyca Mobile Top-Up Voucher and any other products offered by Lyca Mobile, including promotional products.

1.12 Roaming Services: The mobile telephone services that you use when travelling outside the United Kingdom. EEA Roaming services are subject to additional terms and a fair usage policy, see https://www.lycamobile.co.uk/en/roaming-within-eu-countries/.

1.13 Services: The mobile telephone services that Lyca Mobile provides to you, including voice calling, messaging and data services, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-Up Services, Roaming Services and the services provided by the Customer Services Department.

1.14 SIM Card: The prepaid, pre-activated card containing a microprocessor that allows you to access and use the Services by inserting the SIM Card into a compatible GSM mobile telephone.

1.15 Top-Up Services: The services you may use to add credit to the balance of your Account, including the Top-Up Voucher, Online Top-Up and Auto Top-Up.

1.16 Top-Up Voucher: A multifunction voucher (whether in physical or electronic form) containing an 11 digit code that allows you to access and use the Services by redeeming the face value of the voucher.

2. Obligation to provide the service

2.1 Lyca Mobile will provide the Services to you using its own Network and the Networks of one or more telecommunications operators. Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable.

2.2 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.

2.3 The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile telephone chosen and used by you.

2.4 The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. Lyca Mobile does not have any control over the contracts or service quality levels agreed between these telecommunications operators.

2.5 For the reasons described above, Lyca Mobile does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.

2.6 Lyca Mobile will endeavour to keep any disruption to the Services to a minimum; however Lyca Mobile will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above.

2.7 Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.

2.8 Our Customer Services Department can supply details of the other mobile operators we have porting arrangements with from time-to-time.

3. SIM Card

3.1 The SIM Card is used by inserting it into a compatible GSM mobile telephone. When the SIM Card has been inserted and you have registered or activated your Account, you will have access to, and be able to use, the Services.

3.2 The SIM Card remains the exclusive property of Lyca Mobile. You must retain the SIM Card and not lose or damage the SIM Card. Lyca Mobile will only replace a SIM Card where it is found to be defective by reason of faulty workmanship or design. Lyca Mobile may charge you for a replacement SIM Card where Lyca Mobile reasonably believes that you are responsible for the loss or damage of your original SIM Card or where someone has stolen your original SIM Card. It is your responsibility to promptly inform Lyca Mobile of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card. You agree that once you start using the Services or the Top Up Services you will lose any right to cancel this Agreement under distance selling legislation.

3.3 If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a top-up using the Top-Up Services, for a period of ninety (90) days from the date you registered or activated your Account or your last use of the Services (whichever is later), Lyca Mobile will contact you by SMS or e-mail advising you that your SIM Card will be deactivated. Lyca Mobile will then provide you with an additional thirty (30) days to make a voice call, send a message or data, or purchase a top-up using the Top-Up Services.

3.4 If you make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will remain active. Any previous credit balance in your Account will remain available for you to use, and you will be able to access and use the Services.

3.5 If you do not make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

4. Top up Services

4.1 The Services are prepaid services. You are required to Top Up in advance so your Account is in credit. As Charges are incurred they will be deducted from the amount credited to your Account. No bill or invoice or statement will be issued to you. You may check your credit balance from time-to-time by calling our Customer Services Department.

4.2 You pay for the Services by topping-up your Account using any one of the Top-Up Services available from Lyca Mobile. You may use the Top-Up Services at any time after registration or activation of your Account. There are several ways that you may top-up your Account:

You may purchase a Top-Up Voucher at any participating retail outlet and activate the PIN code by following the dialling instructions on the Top-Up Voucher. You may also activate the PIN code for a Top-Up Voucher purchased at a participating retail outlet by using the Online Top-Up Service.

You may register your details with Lyca Mobile, purchase a Top-Up Voucher online and activate the PIN Code by using the Online Top-Up service.

You may register your details with Lyca Mobile and subscribe to “My Lyca Mobile” and the Auto Top-Up Facility.
You may register your details with Lyca Mobile and then contact the Customer Services Department.

4.3 If you top-up your Account within ninety (90) days from the date you registered or activated your Account or your last use of the Services (whichever is later), the amount of the top-up credit you purchased will be added to the credit balance in your Account at the time of your top-up.

4.4 The credit balance in your Account may only be used for the Services. You are not entitled to receive any cash refund for any credit balance remaining in your Account at any time, including where you fail to use the Services and your SIM Card has been deactivated or where this Agreement has been terminated.

4.5 Interest is not payable on any credit balance in your Account. Each time you use the Services (or someone else uses your GSM mobile telephone) the credit balance in your Account will be reduced for the voice call, message or data you are making or sending according to the destination and the current Charges.

4.6 From 5 August 2014 any new top up credit shall expire ninety [90] days from the date of top-up or recharge. For the avoidance of doubt, this does not apply to the existing credit balance in your Account before 5 August 2014.

4.7 Each call is charged excluding VAT to 3 decimal places. All calls for that month are aggregated and then rounded using normal rounding rules (if the last digit is a 4 or lower we’ll round down, otherwise we’ll round up). Where applicable, VAT (at the prevailing rate) is then added to the total of all charges on your bill, with the VAT part of the charge being rounded down to the nearest penny.

4.8 A standard text message is 160 characters long. You can send longer ones on some handsets. A longer text is divided into the number of standard texts required to convey the message. Each text will be charged at the standard rate for your price plan. We do not guarantee delivery of any text or MMS message you send.

5. Acceptable use policy

5.1 You agree to use the SIM Card in a compatible GSM mobile telephone for the purpose of using the Services.

5.2 You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services:

fraudulently or in connection with a criminal offence;

For the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful,

To knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person,

To make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative,

To transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property,

with equipment that is not approved for use with the Network, including, but not limited to, SIM-boxes and SIM-gateways, and

To support calls to call forwarding services, onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services

otherwise than in line with the conditions of this Agreement.

5.3 If Lyca Mobile reasonably suspects that you have failed to comply with any of the provisions of clause 5.2, Lyca Mobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If Lyca Mobile terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

5.4 Upon activation of a SIM Card, the purchase of a Top-Up Voucher or the use of the Top-Up Services, you may be required to register your Personal Data with Lyca Mobile, such as your name, address, date of birth, credit card or debit card details. If Lyca Mobile determines that the Personal Data that you provide is false, Lyca Mobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If Lyca Mobile terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

5.5 If the use of any plan that includes ‘unlimited’ calls or texts provided as part of the service exceeds the amount reasonably expected of a person using the service for personal purposes, we reserve the right to:

Restrict your service

5.6 Lyca Mobile reserves the right, in its absolute discretion (and without prior notice), to restrict or prevent access to certain websites and services over its Network, including Voice over Internet Protocol (‘VoIP’) services. When we decide to restrict or prevent access under this paragraph, you may receive a message stating that the website or service is “not available”.

6. Data protection and personal data

6.1 Lyca Mobile will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations, as amended from time to time.

6.2 Lyca Mobile has implemented appropriate technical and organizational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorized or unlawful storage, processing, access or disclosure.

6.3 By registering or activating an Account with Lyca Mobile, you consent to Lyca Mobile collecting, processing and sharing Personal Data provided by you or generated in the course of supplying the Services to you, including details of voice calls, messages or data that you have sent (“Traffic Data”) and the geographic position of your GSM mobile telephone (“Location Data”) for the purpose of:

supplying the Products and Services to you,
the administration of your Account by the Customer Services Department
providing you with service information, for example about Network faults
the prevention or detection of fraud
market research and profiling your usage and purchase preferences, and
complying with applicable laws and regulations.

6.4 For Lyca Mobile to perform its obligations under this Agreement, Lyca Mobile may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of Lyca Mobile. These third parties are permitted to use your data only in accordance with our instructions and the law.

6.5 Lyca Mobile may also need to transfer your Personal Data to third parties, for example, our suppliers and service providers, in countries outside the European Economic Area. For example, Lyca Mobile uses a call center and technical services from an associated company based in India. Where the data protection laws of these countries do not provide the same level of data protection as in the UK, we will take steps to ensure your privacy rights are at least as compliant with the requirements of UK law, including requiring appropriate security measures from such third parties, set out in a contract between us, to protect your Personal Data; and monitoring compliance with such security measures for the lifetime of our relationship with such third parties.

6.6 Lyca Mobile may use third party software which modifies the advertising content on website pages you choose to view when using our data Services. A persistent cookie is placed on your device which enables our third-party software provider to collect anonymous data for statistical reporting purposes to Lyca Mobile. To ensure the privacy of your data, only pseudonymized and/or anonymous data is collected or shared with such third parties and no personally identifiable data is ever shared. Please view our cookie policy for specific guidance on disabling cookies if you do not wish to have your anonymous data used in this way.

6.7 Lyca Mobile may from time to time monitor or record your conversations with the Customer Services Department. This may be done for quality control purposes, to improve the Services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.

6.8 Lyca Mobile will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by Lyca Mobile upon your written request. Lyca Mobile may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify Lyca Mobile of any changes to any Personal Data provided by you to Lyca Mobile. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, Lyca Mobile will delete Personal Data upon your written request.

6.9 Lyca Mobile and other Lyca companies may contact you by post, telephone, e-mail or SMS to let you know about products and services offered by Lyca Mobile, other Lyca group companies or selected third parties, including any special offers and promotions, which may interest you. If you do not wish to receive this information or be contacted in this way, you may at any time, free of any charge, opt out of this direct marketing by requesting to be put on a designated list. You may make this request by contacting the Customer Services Department or by sending an e-mail to [email protected]

7. Liability of Lyca Mobile

7.1Lyca Mobile does not accept any liability for the delivery, perfo