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 Section 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 and which logs a Customer’s use of the Products and Services.
1.3 Agreement:
- In addition to these general terms and conditions, there are several parts of the Agreement, which may include but is not limited to i) the User Guide accompanying the SIM Card or available at www.lycamobile.us; ii)the Charges for Services published by Lyca Mobile from time to time, including any special offers; iii) the transaction materials that you sign or accept (via electronic acceptance online or through a Lyca Mobile retail location or that of an authorized retailer) during the sales transaction (if your service plan is not specifically www.lycamobile.us set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding the plan charges and number of minutes included in your service plan); and (iv) any confirmation materials that we may provide to you. It is important that you carefully read all of the terms of the Agreement. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
- The Agreement starts when a Customer purchases a SIM Card or Top-Up Voucher, registers or activates an Account, uses our Top-Up Services or other Services, whichever occurs first.
- You represent that you are at least 18 years old and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service; (d) paying for the Service or a SIM (purchased from Lyca Mobile, a Lyca Mobile dealer or other Lyca Mobile authorized retailer).
1.4 Charges:The advertised Plan, Pay-As-You-Go rates, Data-Add-Ons and auto-renewal charges will be subject to a five percent (5%) regulatory recovery fee (“Charges”). Note also that there may be sales and other required taxes charged by the retailer where you purchase your Lyca Mobile products.
1.5 Customer: Any individual, company or other entity that purchases a SIM Card, Top-Up Voucher, registers or activates an Account with Lyca Mobile or uses the Services. 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 612 from a mobile phone with a Lyca Mobile Account (at no cost),
- Dial 845-301-1612 FREE from any other telephone (local call charges may apply),
- Dial +1-845-301-1612 from any other telephone while abroad (international roaming charges apply),
- Dial 1-866-277-3221 from any phone (at no cost),
- Visit the Lyca Mobile website at www.lycamobile.us (and click on the “Contact” link at the bottom of the page or on the “Contact Us” subsection of the “Help” tab at the top of the page),
- E-mail the Customer Services Department at [email protected], or
- Write to Customer Services Department at the address listed in Section 1.8 below.
1.7 Device: A GSM mobile telephone, handset, or other device used to access the Services.
1.8 Lyca Mobile: Lyca Mobile USA, Inc. or our subsidiaries, affiliates, parent companies, vendors, suppliers, or licensors. In these general terms and conditions, Lyca Mobile is sometimes referred to as “we”, “us” or “our”. Lyca Mobile USA, Inc. contact mailing address: 24 Commerce Street, Suite 100, Newark, New Jersey, 07102.
1.9 Network: The telecommunications networks used by Lyca Mobile to provide the Services to you.
1.10 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.
1.11 Privacy Policy: The policy that describes how Lyca Mobile generates, collects, uses, processes and stores your Personal Data.
1.12 Products: The Lyca Mobile or GT Mobile SIM Card and Lyca Mobile or GT Mobile Top-Up Voucher, and any other branded products or services offered by Lyca Mobile, including promotional products and services.
1.13 Roaming Services: The mobile telephone services that you use when travelling outside the United States or outside an area where Lyca Mobile service is provided.
1.14 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.
1.15 SIM Card: The prepaid, pre-activated card that allows you to access and use the Services by inserting it into a compatible Device.
1.16 Taxes, Fees, and Surcharges
Taxes and Fees. You agree to pay all taxes and fees imposed by governments or governmental entities. All advertised pricing for Lyca Mobile Services includes taxes and fees. We may not give advance notice of changes to the Charges, taxes or fees. All website purchases, including auto-recharges, will be assessed the Charge, which are currently set at a flat rate of five percent (5%). These Charges are not mandated by law, but are collected and retained by Lyca Mobile in whole or in part. The components and amounts of these Charges are subject to change without notice. The Charges include, but are not limited to charges, costs, fees and certain taxes Lyca Mobile incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related surcharges (such as Federal or State Universal Service fees, E-911 fees, regulatory fees, and gross receipts taxes). The Charges will apply whether or not you benefit from the Service. If the advertised rates do not include certain taxes, fees and Charges, you will receive notice of their amounts and applicability prior to purchase.
Surcharges. You agree to pay all Surcharges. Surcharges are not mandated by law, they are Lyca Mobile Charges that are collected and retained by Lyca Mobile in whole or in part. The components and amounts of these Charges are subject to change without notice. Surcharges include, but are not limited to charges, costs, fees and certain taxes Lyca Mobile incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related Surcharges (such as Federal or State Universal Service fees, E-911 fees, regulatory fees, and gross receipts taxes). Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge. Depending on your Services, we may deduct from your Account balance all Taxes, Fees and Surcharges that we’re required by law to collect and remit to the government on the Services that we provide to you. If the advertised rates do not include certain Taxes, Fees and Surcharges, you will receive notice of their amounts and applicability prior to purchase.
1.17 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.
1.18 Top-Up Voucher: A multifunction voucher (whether in physical or electronic form) containing a multi- digit code that allows you to access and use the Services by redeeming the face value of the voucher.
1.19 User Guide: The guide or documentation supplied with your SIM Card or listed at www.lycamobile.us, which explains how you may access and use the Services.