GENERAL TERMS AND CONDITIONS
The general terms and conditions state all the rights and obligations of LYCAMOBILE DISTRIBUTION LIMITED and its customers in connection with the provision of the LYCAMOBILE service and the sale of mobile phones.
1.1 Customer: a natural person who, or a legal entity that enters into an agreement with LYCAMOBILE DISTRIBUTION LIMITED.
1.2 Lycamobile Distribution Limited : Lycamobile Distribution Limited , P O Box 10573, Dublin 1, Republic of Ireland.
1.3 Network: the network for wireless telecommunication.
1.4 LYCAMOBILE Service or Service: the service through which the Customer uses the Network for direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.
1.5 LYCAMOBILE SIM Card or SIM Card: a prepaid, pre-activated card containing a microprocessor.
1.6 LYCAMOBILE TOP UP Voucher: a multifunction voucher containing an 11 digit code enabling the Customer to redeem the face value against multiple products such as mobile telephony airtime and sports news provided by TEAMTALK.
1.7 Products: LYCAMOBILE SIM CARD or SIM Card, LYCAMOBILE TOP UP Voucher and TEAMTALK sports news.
1.8 Agreement: the agreement to provide the Service to the Customer by LYCAMOBILE DISTRIBUTION LIMITED. The general terms and conditions are an integral part of the agreement.
1.9 LYCAMOBILE Customer Service: the customer services department, which the Customer may contact for all questions regarding the LYCAMOBILE Service, to be reached by calling either 1200 from the Customers LYCAMOBILE telephone or 020 754 3030 from another phone.
2. SERVICES AND OBLIGATIONS
2.1 LYCAMOBILE DISTRIBUTION LIMITED is obliged only to supply the means necessary to provide the proper operations of the LYCAMOBILE Service. LYCAMOBILE DISTRIBUTION LIMITED alone will determine the technical means necessary to provide access to this Service under optimal conditions.
2.2 Mobile Telephony is a form of wireless communication and operates on the basis of transmission of radio and signals. As such, it can be interfered with by external sources or by obstacles inherent in buildings, vegetation or terrain and perfect transmission cannot be guaranteed in all locations at all times. The quality of the LYCAMOBILE Service also depends on the quality of the mobile telephone used by the Customer. Associated with the LYCAMOBILE SIM Card are the PIN code (personal identification number) and the PUK code (personal unlocking key). Instructions relating to their use may change to reflect new technology and will be explained in the “user manual” for the mobile telephone. Customers shall take every necessary precaution to preserve the secrecy of their PIN and PUK codes. Customers are liable for any malicious or improper use resulting from intentional, fortuitous or accidental communications of these codes or transferring his/her SIM Card.
2.3 Customers are hereby informed of the inherent risk in the use of the mobile telephone while driving a vehicle. LYCAMOBILE DISTRIBUTION LIMITED cannot be held liable for damage resulting from an accident caused by the use of the mobile telephone while a vehicle is being driven.
2.4 Customers are hereby informed of possible interference that the mobile telephone may cause in certain sensitive types of equipment such as medical appliances, aircraft etc. It is therefore essential that the instructions given by the persons with responsibility for such equipment be strictly complied with. LYCAMOBILE DISTRIBUTION LIMITED cannot be held liable for any damage resulting from a failure to comply with such instructions.
2.5 As a matter of policy LYCAMOBILE DISTRIBUTION LIMITED will not intentionally disconnect any calls provided that there is credit available for the calls, however it may be possible that calls could get disconnected due to matters beyond LYCAMOBILE DISTRIBUTION Limited’s control, e.g. force majeure, carrier fault, technology fault or human error.
2.6 The consumer acknowledges that whilst every effort is made to secure an uninterrupted service, LYCAMOBILE DISTRIBUTION LIMITED will not be held liable for any loss or inconvenience caused to the Consumer by any actions of a distributor including fraud and deception and/or non-payment. In such cases, the Consumer should contact the distributor and/or retailer from whom they purchased the Card and request a refund.
3. THE SIM CARD
3.1 The LYCAMOBILE SIM Card is used by inserting it into a compatible handset. The LYCAMOBILE SIM Card remains the exclusive property of LYCAMOBILE DISTRIBUTION LIMITED. Calling rates are displayed on the poster and/or on the website www.lycamobile.nl.
3.2 If the LYCAMOBILE SIM Card is not used to make outbound calls and SMS for 6 months (the “validity period”), the SIM Card will be frozen.
3.3 The Customer will then have 3 months to top up their SIM card, if the customer tops up within 3 months and uses the service the old credit previously frozen under clause 3.2 will be reinstated and the customer will be able to m make and receive calls and SMS as normal.
3.4 If the Customer does not top up within 3 months from the “validity period” the Customer will lose:
all unused credit;
his/her specific telephone number permanently.
The LYCAMOBILE SIM Card will be blocked from any further use.
4. TOP UP VOUCHER
4.1 Within the validity period, Customers can top up their LYCAMOBILE SIM Card using a TOP UP Voucher. If the top up t takes place before the end of the validity period or within 3 months following the validity period, the credit unused at the time of the top up will be added to the credit contained on the LYCAMOBILE TOP UP Voucher.
4.2 Each time the Customer top ups his/her LYCAMOBILE SIM Card, the validity period is extended for a further 6 months under the above condition.
4.3 The TOP UP voucher is a multi function credit voucher and can be redeemed for multiple services including airtime for the LYCAMOBILE mobile service and also TEAMTALK.
4.4 TEAMTALK services are redeemed by calling the TEAMTALK number on the TOP UP Voucher using the LYCAMOBILE SIM CARD. All charges for this service will be debited from the customers LYCAMOBILE credit.
5.1 Where required by operating conditions or the organization of the LYCAMOBILE Service, LYCAMOBILE DISTRIBUTION LIMITED may modify the technical characteristics of its services. Customers will not be entitled to compensation for any replacement or modification of terminal equipment made necessary by a change in the Network.
5.2 The personal information with regards to the Customer, the call information and call numbers are saved in the files of LYCAMOBILE DISTRIBUTION LIMITED and are processed by LYCAMOBILE DISTRIBUTION LIMITED or third parties in its name with a view toward the delivery of the LYCAMOBILE Service, for administration and information purposes within the framework of the relationship with the client and in order to initiate information or advertising campaigns connected with the products or services provided by LYCAMOBILE DISTRIBUTION LIMITED. Concerning information of advertising campaigns connected with the products provided by LYCAMOBILE DISTRIBUTION LIMITED, customers who do not wish to be contacted by LYCAMOBILE DISTRIBUTION LIMITED within the framework of direct commercial prospecting may at any time request from LYCAMOBILE DISTRIBUTION LIMITED, free of charge, to be placed on a list designated for this purpose. The responsible party with regard to the processing is LYCAMOBILE DISTRIBUTION LIMITED, via a dated request sent to email@example.com, the Customer who proves his/her identity may receive from LYCAMOBILE DISTRIBUTION LIMITED the personal information regarding him or her and if incorrect may have such corrected free of charge.
6.1 LYCAMOBILE DISTRIBUTION LIMITED may disconnect the Customer fully or partially from the Service, without notice of default being required, if the Customer fails to comply with his/her obligations under the Agreement or fails to observe the requirements that can be set for reasonable use.
6.2 Disconnections shall take place without the Customer being entitled to any compensation. The disconnection will be lifted when LYCAMOBILE DISTRIBUTION LIMITED determines that the Customer has fulfilled his/her obligations. The Customer shall meet the disconnection costs and those for reconnection. Disconnection of the Service does not release the Customer from any of his/her obligations under the Agreement.
6.3 If, 14 days after the Customer has been given the opportunity to fulfill his/her obligations by LYCAMOBILE DISTRIBUTION LIMITED in writing, LYCAMOBILE DISTRIBUTION LIMITED concludes that the Customer has still failed to do so, LYCAMOBILE DISTRIBUTION LIMITED is entitled to terminate the Agreement, upon which all claims of the Customer against LYCAMOBILE DISTRIBUTION LIMITED will lapse.
7. LIABILITY OF LYCAMOBILE DISTRIBUTION LIMITED
7.1 LYCAMOBILE DISTRIBUTION LIMITED has no liability whatsoever when it concerns the LYCAMOBILE SIM Card, LYCAMOBILE TOP UP Voucher, the mobile telephone and TEAMTALK Services.
7.2 LYCAMOBILE DISTRIBUTION LIMITED shall not be liable for damage resulting from the content of call or messages.
7.3 LYCAMOBILE DISTRIBUTION LIMITED may not be held liable for damage resulting from intervention by a third party.
7.4 Under no circumstances can LYCAMOBILE DISTRIBUTION LIMITED be held liable for indirect or intangible damage, such as additional costs, loss of income on profits, loss of customers, loss or damage of data and loss of contracts.
7.5 LYCAMOBILE DISTRIBUTION LIMITED declines any responsibility in the event of loss, theft, fraudulent or wrong use of the LYCATEL SIM Card by LYCAMOBILE DISTRIBUTION LIMITED Customers. Moreover, LYCAMOBILE DISTRIBUTION LIMITED shall not reimburse credit used by another party and shall not be held responsible for any consequences resulting from use of services linked to this SIM Card.
7.6 If the Customer suffers damage due to malfunctioning of the Network or due to shortcomings in the execution of the Service, LYCAMOBILE DISTRIBUTION LIMITED may only be liable in the event of direct damage caused by:
Death or personal injury with a maximum of EUR 100.000 per incident and a maximum of EUR 5.000 per injured party
Any acts of violation of Section 374, 374 (a) and 375 of the Dutch Penal Code with a maximum of EUR 100.000 per incident and a maximum of EUR 5.000 per injured party
The failure of LYCAMOBILE DISTRIBUTION LIMITED to submit information or the failure to submit correct information, and the negligent administration and processing of this information regarding customers, or errors in administration matters related to this information with a maximum of EUR 50.000 per incident and with a maximum of EUR 3.000 per injured party.
7.7 If more than one claim arises from an accident as referred to in article 7.6 and the combined claims exceed the maximum amounts set for each accident LYCAMOBILE DISTRIBUTION LIMITED shall only be required to pay the claim in proportion to the extend thereof.
7.8 The Customer shall notify LYCAMOBILE DISTRIBUTION LIMITED in writing of the damage as soon as possible and in any event within four weeks after the discovery that damage has occurred. Damage that not has been reported to LYCAMOBILE DISTRIBUTION LIMITED within this period shall not be compensated. This period shall not apply to a Customer (a natural person not acting in the capacity of a professional or enterprise), if the Customer makes a reasonable case for the fact that he or she could not have been reasonably expected to notify LYCAMOBILE DISTRIBUTION LIMITED within this period.
7.9 The exceptions and restrictions as set out in this article 7.6 do not apply if the damage is intentional or due to gross negligence on the part of LYCAMOBILE DISTRIBUTION LIMITED.
8. LIABILITY OF THE CUSTOMER
8.1 Customers shall be liable to LYCAMOBILE DISTRIBUTION LIMITED for any direct or indirect damage resulting from their wrongful behavior, and Customers shall compensate LYCAMOBILE DISTRIBUTION LIMITED for any damage they cause, including minor faults.
8.2 Customers shall be liable for damage of any kind caused to LYCAMOBILE DISTRIBUTION LIMITED or to third parties by the use of LYCAMOBILE SIM Card or LYCAMOBILE TOP UP Voucher by any persons whomsoever or on any telephone whatsoever, even in the event of loss or theft.
8.3 In the case of loss or theft of the LYCAMOBILE SIM Card, it is incumbent upon the Customer to notify LYCAMOBILE DISTRIBUTION LIMITED as soon as possible about this loss or theft and to prevent any use by another person of card credit and services linked to the card. The Customer shall be solely responsible for the SIM Card and may not claim any reimbursement from LYCAMOBILE DISTRIBUTION LIMITED for loss or theft of the SIM Card.
9.1 LYCAMOBILE DISTRIBUTION LIMITED reserves the right to change these terms and conditions at any time without prior notice. Furthermore LYCAMOBILE DISTRIBUTION LIMITED confirms it has used its best endeavors to ensure the accuracy of the information contained herein, but does not accept any liability for errors, omissions and misunderstandings arising.
9.2 Rates and billing conditions are subject to change without any prior notice; this may be due to circumstances outside the control of LYCAMOBILE DISTRIBUTION LIMITED, such as changes to wholesale prices that it is charged by third party suppliers. Changes will be posted on the LYCAMOBILE website www.lycamobile.nl following such changes.
10. COMPLAINTS AND DISPUTES
10.1 Any disputes between the Customer as a natural person not acting in the capacity of a professional enterprise and LYCAMOBILE DISTRIBUTION LIMITED regarding the execution of the Service powered or to be provided may be submitted both by the Customer and by LYCAMOBILE DISTRIBUTION LIMITED to the Geschillencommissie Telecommunicatie (Complaints Board for Telecommunication), Bordewijklaan 46, 2591 XR The Hague, the Netherlands.
10.2 The Complaints Board will only handle disputes if the Customer has first submitted the complaint in writing to LYCAMOBILE DISTRIBUTION LIMITED. LYCAMOBILE DISTRIBUTION LIMITED shall respond to the complaint within 30 days of receipt thereof, unless this is not reasonably possible. In that case, the Customer will be notified in writing within the said period as to when the response to the subject of his/he complaint will be forthcoming.
10.3 Within 30 days of receipt of the response to the subject of the complaint from LYCAMOBILE DISTRIBUTION LIMITED, or within 30 days after the expiration of the period in which a response should have been forthcoming in accordance with the provisions of article 10.2, the Customer may submit the dispute to the Complaints Board for Telecommunication.
10.4 If the Customer submits the dispute to the Complaints Board, LYCAMOBILE DISTRIBUTION LIMITED shall be bound by this choice. If LYCAMOBILE DISTRIBUTION LIMITED decides to submit the dispute to the Complaints Board, it shall ask the Customer in writing to pronounce his/her agreement within five weeks and notify the Customer that after the said period has expired, LYCAMOBILE DISTRIBUTION LIMITED shall deem itself at liberty to submit the dispute to the court having jurisdiction.
10.5 The Complaints Board shall render its decision with due observance of the provisions of regulations applicable to the Board. The regulations of the Complaints Board shall be provided upon request. The decisions of the Complaints Board are in the form of binding opinion. A fee must be paid for the hearing of a dispute.
11. APPLICABLE LAW
11.1 The Agreement is governed by Dutch Law.
12. PRODUCT DESCRIPTION
12. 1 "LYCAMOBILE" is a brand of WWW Holding Company Limited and applied to the Products under license. The Products are issued by LYCAMOBILE DISTRIBUTION LIMITED.
12.2 Services are provided by LYCAMOBILE NETHERLANDS LIMITED and TEAMTalk.com Limited.