Terms & Conditions for the use of Lycamobile SIM, Special offers and TOP-UP Vouchers
These general terms and conditions constitute the Contract, establishing all rights and obligations between LYCAMOBILE and its Customers regarding the provision of the Services of Prepaid SIM Cards.
1.1 Acceptable Use Policy: is the policy that LYCAMOBILE notifies the Customer (either the policy required by LYCAMOBILE or any other Network operator providing the Services) and that governs acceptable use of the Services, which may be modified from time to time and is available at https://www.lycamobile.es/en/.
1.2 Contract: is the agreement for LYCAMOBILE to provide the Service to the Customer, which is formalized when the Customer acquires and registers as such with LYCAMOBILE. These general terms and conditions form an integral part of that Agreement.
1.3 Client: a natural or legal person who signs a Contract with LYCAMOBILE.
1.4 LYCAMOBILE Customer Service: is the customer service department, which can be contacted by the customer for all questions relating to the LYCAMOBILE Service, accessed by calling 321 toll free from a LYCAMOBILE telephone or +34 632 100 321 from another operator’s telephone. Operator tariffs applicable.
1.5 LYCAMOBILE: LYCAMOBILE SL with registered office at C/ JACINTO BENAVENTE 11, 3º 6, Marbella, Málaga, with CIF: B92877141.
1.6 LYCAMOBILE Service or Service: the Service through which the Customer uses the Network for the direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.
1.7 LYCAMOBILE SIM Card or SIM Card: a prepaid card containing a microprocessor that facilitates access to the Services.
1.8 LYCAMOBILE Top up Coupon: a multifunction coupon (whether in physical or electronic form) containing an 11-digit code whose nominal value the Customer redeems for multiple products, such as mobile phone connection time.
1.9 Network: the network for wireless telecommunications.
1.10 Products: LYCAMOBILE SIM CARD and LYCAMOBILE Top-Up Coupons or any other product offered by LYCAMOBILE.
1.11 Roaming Services: mobile telephony services which allow the Customer uninterrupted access to services outside of Spain and which are provided using telecommunications systems of foreign networks over which LYCAMOBILE has no control.
2. SERVICES AND OBLIGATIONS
2.1 LYCAMOBILE is obliged only to provide the necessary resources to ensure the proper operation of the Service. In this respect it shall establish the technical means necessary to provide access to this service under optimum conditions.
2.2 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio frequencies and signals. As such, it may suffer interference from numerous external sources or inherent obstacles such as buildings, vegetation or terrain and therefore perfect transmission (relative to actual availability and quality of Service) cannot be guaranteed, everywhere and at all times.
2.3 The quality of the LYCAMOBILE Service depends on the quality of the mobile telephony device that the Customer uses. LYCAMOBILE has no control or influence on the quality of the mobile telephony device.
2.4 The Services are provided “as is” and LYCAMOBILE makes no warranty in relation to the Services and in particular does not warrant that the Services are of satisfactory quality, fit for a particular purpose, adequate, reliable, accurate, complete, secure or error free.
2.5 Occasionally the Network and Services may not be available due to requirements for improvement, modification, maintenance or other work related to the Network or Services. At such times, Services may be temporarily unavailable and LYCAMOBILE shall use its best endeavours to keep any period of unavailability to a minimum. LYCAMOBILE shall have no liability for any such periods of unavailability.
2.6 LYCAMOBILE offers Roaming Services but, due to the nature of these services, LYCAMOBILE cannot guarantee the availability or quality of the Services using such Roaming Services.
2.7 The LYCAMOBILE SIM Card is associated with a PIN code (personal identification number) and a PUK code (personal unlocking key). Instructions for use may change as a result of the use of new technologies and will be explained in the phone’s “user manual”. Customers must take all necessary precautions to keep their PIN and PUK codes secret. Customers are responsible for any inappropriate or malicious use resulting from intentional, incidental or accidental communication of these codes or from the transfer of their SIM Card.
2.8 The Customer acknowledges that whilst LYCAMOBILE will use its best endeavours to ensure error free service, LYCAMOBILE shall not be liable to the Customer for any loss or inconvenience caused to the Customer by any action of a distributor, including fraud, deception and/or non-payment. In such cases, the Customer shall contact the distributor and/or retailer from whom the SIM card and/or Refill Coupon was purchased and request a refund.
2.9 Rates for calls using the Services are displayed on marketing posters, which change from time to time and/or on the website www.lycamobile.com.
2.10 LYCAMOBILE reserves the right to listen to and record communications made using the Services, in order to improve the Services, to ensure compliance with LYCAMOBILE’s policies, at the request of government agencies, regulatory or law enforcement bodies, and to detect and/or prevent criminal activity.
2.11 It is LYCAMOBILE’s policy not to intentionally disconnect any call as long as credit is available for the call; however, calls may be disconnected for reasons beyond LYCAMOBILE’s control, such as force majeure, carrier failure, technology failure or human error.
2.12 Customers are hereby informed of the risk inherent in the use of a mobile phone while driving a motor vehicle. LYCAMOBILE cannot be held liable for damages caused by an accident caused by the use of a mobile phone while driving a motor vehicle.
2.13 Customers are hereby informed of possible interference that a mobile phone may cause to certain types of sensitive equipment, such as medical devices, aircraft, etc. It is therefore essential that the instructions of the persons responsible for such equipment are strictly followed. LYCAMOBILE cannot be held responsible for any damage caused by failure to follow these instructions.
3. SIM CARD
3.1 The LYCAMOBILE SIM Card is used by inserting it into a compatible mobile phone device. Once the SIM Card has been inserted, the Customer will be able to access and use the Services.
3.2 The LYCAMOBILE SIM Card remains the exclusive property of LYCAMOBILE. The Customer must keep the SIM Card in a safe place and not use it improperly. LYCAMOBILE will only agree to replace a SIM Card when it is found to be defective due to faulty workmanship or design. LYCAMOBILE may, at its discretion, charge for replacement of a SIM Card when it reasonably believes that Customer has been responsible for the misuse, damage or loss of the original SIM Card. In addition, LYCAMOBILE reserves the right to withdraw a LYCAMOBILE SIM Card at any time. Customer shall inform LYCAMOBILE of any damage to the SIM Card it has acquired.
3.3 If the LYCAMOBILE SIM Card is not used to make calls and send SMS messages for 45 days (“validity period”), it will be blocked in order to prevent any future use.
3.4 The Customer will then have 15 days to recharge his SIM Card. If the Customer recharges within this period and uses the Service, the old credit previously blocked in accordance with Clause 3.3 will be restored and the Customer will be able to make and receive calls and messages normally.
3.5 If the Customer does not top up within 15 days after the “period of validity”, it will lose
- a) Any unused credit;
- b) Your specific phone number and the LYCAMOBILE SIM Card will be permanently blocked, so the customer will not be able to use it.
4. TOP-UP COUPON
4.1 Customers pay for the use of the Services by reloading their SIM Card. Customers do this by purchasing LYCAMOBILE Refill Coupons and charging the credit to their SIM Card account.
4.2 Customers may top up their LYCAMOBILE SIM Card using a LYCAMOBILE Top-Up Coupon at any time after registration, provided that it is during any period of validity.
4.3 If the recharge is made before the end of the validity period or within three (3) months following the validity period, the credit that has not been used at the time of the recharge will be added to the credit containing the LYCAMOBILE Top-Up Coupon.
4.4 Each time the Customer recharges his/her LYCAMOBILE SIM Card during the period of validity, the latter is extended for a further six (6) months, under the above conditions.
4.5 Where the Customer has used a LYCAMOBILE Top-Up Coupon to top up his credit for the purpose of using a SIM Card, that credit may only be used for the purpose of making use of the Services and the Customer shall not be entitled to any refund of any amount for any credit remaining outstanding on his account at any time, including in the event that the Customer ceases to use the Services for a period of validity and the Agreement is cancelled.
4.6 Customer prepayments via LYCAMOBILE Top-Up Coupons are not refundable by LYCAMOBILE, nor will LYCAMOBILE pay any interest on credits to the Customer’s account. Each time the Customer uses the Services (or another person uses the Customer’s mobile device) the purchased recharges will be reduced according to the rates for that particular communication.
4.7 LYCAMOBILE reserves the right to offer the LYCAMOBILE Top up Coupon as a multifunction credit coupon that can be redeemed for multiple services (if any) including connection time using the LYCAMOBILE Mobile Phone Service.
4.8 As of August 5, 2014, all recharges made will expire ninety (90) days from the date of recharge. For the avoidance of doubt, this will not apply to the existing balance in your account prior to August 5, 2014.
5. MODIFICATION OF OPERATING CONDITIONS
Whenever required by the operating conditions or the organization of the Service, LYCAMOBILE may modify the technical characteristics of its Services. The Clients will be entitled to the compensation that may correspond to them for any substitution or modification of the mobile telephony terminals that are necessary for a change in the Network that affects the Services, in the terms expressed in this contract and in clause 14 thereof.
6. CUSTOMER SERVICE
6.1 The Customer may receive information about the Service or any incident affecting it through the Customer Service available on the number +34 632100321 and on the website https://www.lycamobile.es/en/; customers may direct their questions by ordinary mail to the following address:Lycamobile S.L C/Hierro nº 33 2º Planta Oficina 8,9 y 10 28045 Madrid or by e-mail to email@example.com.
6.2 In order to make complaints regarding the Service, the Customer must address LYCAMOBILE in the manner indicated in the preceding paragraph, within one (1) month from the time he becomes aware of the fact giving rise to his complaint. Upon receipt of the complaint, LYCAMOBILE shall provide the Customer with the relevant reference number and investigate the complaint.
6.3 Once the complaint has been formulated by the Client, if the latter does not receive a satisfactory response from LYCAMOBILE within one month, he may address his complaint to the Consumer Arbitration Board or to the Secretary of State for Telecommunications and the Information Society, within the following three (3) months and without prejudice to going to court.
6.4 The customer grants full validity to the records stored on Lycamobile’s systems relating to communications between Lycamobile and the customer unless proven otherwise.
7. STARTING AND DISCONNECTING THE SERVICE
7.1 LYCAMOBILE will start providing the service from the moment the card is activated. The service is provided in the national territory of Spain, outside the same the Customer agrees to receive the Roaming service unless you state otherwise by calling the Customer Care Service free of charge.
7.2 This contract is considered notice of disconnection of customer service, in whole or in part, which may be performed by LYCAMOBILE, if the Customer fails to comply with the obligations of this Contract or the requirements that may be established for a reasonable use of the service, including any Acceptable Use Policy or if the services cannot be provided for reasons beyond its control.
7.3 Disconnection shall end when LYCAMOBILE ascertains that the Customer has fulfilled its obligations. The Customer must meet the costs of disconnection and connection. The disconnection of the Service does not exempt the Client from any of the obligations to which it is committed in this Contract. The Customer shall have the right to the compensation indicated by the legislation in force, unless the disconnection is due to a cause attributable to the Customer.
7.4 If fourteen (14) days after LYCAMOBILE has given the Customer in writing the opportunity to perform its legal obligations, LYCAMOBILE concludes that the Customer still fails to perform them, LYCAMOBILE shall be entitled to cancel the Contract, not refunding any amount to the Customer.
7.5 If these legal obligations are the identification of the holder, Lycamobile will grant only 24 hours to the customer to go to a point of sale for identification. After this time Lycamobile may disconnect the line for violating the Data Protection Act and the obligations of the customer. In this case the customer has no right to compensation.
8. CUSTOMER RIGHT TO
8.1 The Customer may request LYCAMOBILE, through Customer Care Services, to disconnect it from international calling services, higher rate services and additional rate services.
8.2 Disconnection shall take place within ten (10) days of the Customer’s request. In the event that, for reasons not attributable to the Client, the disconnection is not carried out within ten (10) days of the request for disconnection, LYCAMOBILE shall bear the costs of the service for which disconnection has been requested but not carried out.
9. RESPONSIBILITY OF THE CUSTOMER
9.1 The Customer shall not use the Services for the following activities:
- A. Any inappropriate, immoral, fraudulent or illegal purpose or for the sending of any communication or for storing any information that is offensive, abusive, indecent, obscene or threatening in nature;
- B. Causing, or unknowingly allowing others to cause, any malicious or annoying call to either LYCAMOBILE or any of LYCAMOBILE’s customers or others, including using the Network to send unsolicited insistent communications without reasonable cause;
- C. For the purpose of causing damage or harm to the operation of the Network over which the Services are provided; and
- D. The storage or distribution of information that does not belong to the Customer and that may be deemed to infringe the rights of a third party including the copyright of another person or other intellectual property rights (unless you have the prior consent of such third party).
9.2 At the time of purchase of a LYCAMOBILE SIM Card, the Customer may be asked to register with LYCAMOBILE, asking the Customer to provide personal information including name, address, date of birth, nationality, etc. The Customer acknowledges that providing false information is a fraudulent act and if LYCAMOBILE concludes that such personal information is false, it shall have the right to cancel this contract without any obligation to the Customer.
9.3 Customers must notify LYCAMOBILE of any changes to their personal data so that the data maintained by LYCAMOBILE is up to date.
10. PROTECTION OF CUSTOMER DATA AND PERSONAL INFORMATION
10.1 In order to comply with the provisions of Law 15/1999 of 13 December on Data Protection, LYCAMOBILE hereby informs the Customer that the personal data provided in accordance with this document, along with the data to which LYCAMOBILE may have access in the execution thereof, will be incorporated into electronic files of personal data created and controlled by LYCAMOBILE, in order to maintain and manage LYCAMOBILE’s contractual relationship with the Client and to make the payments corresponding to the interconnections with other operator networks.
10.2 LYCAMOBILE and any entity in its group of companies may use the Customer’s personal information. The communications information and numbers used by the Customer are stored in LYCAMOBILE’s files and are processed by LYCAMOBILE or by third parties on its behalf with a view to: a) the delivery of the Service; b) for administrative and customer service purposes; and c) for information and marketing purposes; all within the framework of the relationship with the Customer and in order to initiate information or advertising campaigns related to the Products or Services that LYCAMOBILE supplies.
10.3 By registering with LYCAMOBILE a Customer agrees that LYCAMOBILE may share their information with other group companies and with external companies that are their partners, carefully chosen for the company and trusted by LYCAMOBILE. LYCAMOBILE and such partners shall have the right to contact Customers by ordinary mail, telephone, e-mail or SMS message to inform them of products, services or promotions that may be of interest to them. Customers who do not wish to receive such information related to advertising campaigns in connection with products supplied by LYCAMOBILE, or who do not wish LYCAMOBILE to contact them within the framework of commercial prospecting, may, at any time, request LYCAMOBILE, free of charge, to include them in a list designated for this purpose. The Client must address this request to firstname.lastname@example.org
10.4 By registering with LYCAMOBILE, the Customer accepts: (i) That LYCAMOBILE transfers its personal information to countries that do not offer the same level of data protection as Spain if necessary to provide the Services; and (ii) that LYCAMOBILE processes traffic data related to the Customer in order to provide higher value-added services when the Customer requests it, the use of or access to the Customer or any of these types of services.
10.5 LYCAMOBILE will use and process the Customer’s information in accordance with the relevant data protection legislation and regulations, and in accordance with any changes that may be made thereto.
10.6 You may at any time exercise your rights of access, rectification, cancellation and opposition to the use of your personal data provided under applicable law by sending written notice to the address of LYCAMOBILE specified above.
10.7 LYCAMOBILE will provide Clients with a copy of the personal information it holds when a Client requests access to such information and provided that the Client pays the nominal administration fee.
10.8 LYCAMOBILE hereby informs the Customer that upon delivery of the SIM card, in accordance with the provisions of Law 25/2007 of 18 October on the conservation of data relating to electronic communications and public communications networks, the name, surname, tax identification number, passport or Alien Identification Number must appear on LYCAMOBILE’s prepaid Customer register. LYCAMOBILE also informs Clients that LYCAMOBILE may transfer these data to authorized law enforcement agencies that may request them in the course of their work.
11. QUALITY AND TEMPORARY INTERRUPTION OF SERVICES
11.1 LYCAMOBILE shall provide the Service subject to the quality obligations set forth in applicable law. If the Customer has any doubt or complaint regarding the quality of the Service, he/she should contact the Customer Care Services.
11.2 In the event of a temporary interruption of the Service, the Customer shall be entitled to automatic compensation, in the form of a credit to his account of an amount equal to the average amount invoiced for all services interrupted in the three months prior to the interruption, prorated for the duration of the interruption. If the amount to be paid, by way of damages, according to the calculation explained above, is less than one (1) euro, then the compensation will not be automatic and will have to be expressly requested by the customer.
11.3 LYCAMOBILE undertakes that, except in the case of force majeure, interruptions in the Service arising from technical incidents or network maintenance activities shall not exceed eight (8) hours during a month. For each hour exceeding such commitment, LYCAMOBILE shall increase the amount of damages provided. In order to claim compensation, the customer must submit their claim for compensation to LYCAMOBILE’s Customer Service within one month of the restoration of Service. If damages are due and payable, LYCAMOBILE will credit the Customer’s account in the form of a credit at connection time.
11.4 No damages shall be payable for interruption of the Service resulting from a serious breach of contract by the Customer or for damage caused to the network resulting from the Customer’s connection of devices whose compatibility with regulations has not been assessed.
12. LYCAMOBILE'S LIABILITY
12.1 LYCAMOBILE shall be liable for damage to or loss of content of calls or SMS messages sent or received by the Customer provided that it can be demonstrated that Lycamobile directly caused such damage or loss, in which case the Customer may seek the corresponding compensation in accordance with Spanish law.
12.2 LYCAMOBILE shall not be liable for damages caused by the intervention of a third party, including governmental, regulatory or administrative bodies.
12.3 LYCAMOBILE shall not be liable for indirect or intangible damages, such as additional costs, loss of revenue over profits, loss of customers, loss of or damage to data and loss of contracts caused by the malfunctioning of the service unless determined by applicable law.
12.4 LYCAMOBILE shall have no liability in the event of loss, theft or fraudulent or unlawful use of the LYCAMOBILE SIM Card by LYCAMOBILE Customers. In addition, LYCAMOBILE shall not be liable to refund credit used by LYCAMOBILE Customers or by any other person when a Customer does not have control of the LYCAMOBILE SIM Card and LYCAMOBILE has not been notified of this fact. In addition, LYCAMOBILE cannot be held responsible for any consequences resulting from the use of services related to a LYCAMOBILE SIM Card.
12.5 If the Customer suffers damage due to the malfunction of the Network or due to deficiencies in the execution of the Service, LYCAMOBILE may be liable in the case of direct damage.
12.6 If a Customer suffers damage, theft, damage or loss, he must notify LYCAMOBILE in writing as soon as possible and in any case within a maximum of four (4) weeks after discovering what has happened. Damages for which LYCAMOBILE has not been informed within this period of time shall not be indemnified. This period shall not apply to the Customer (natural person not acting as a professional or entrepreneur) if the Customer justifies not having been able to notify LYCAMOBILE within that period.
12.7 LYCAMOBILE shall not be liable to perform any obligation or provide the Services in cases of force majeure, for example, any factor beyond its control, including but not limited to, assumptions of natural events, labor protest measures, breach or default of a third party, war, governmental action or by any law or decision made by a court of competent jurisdiction.
13. RESPONSIBILITY OF THE CUSTOMER
13.1 Customers shall be liable for damages of any kind caused to LYCAMOBILE or third parties by the misuse of LYCAMOBILE’s SIM Card or LYCAMOBILE Recharge Coupons, or for damages caused to any mobile telephony device, and shall compensate LYCAMOBILE for the damage they cause, including minor damages.
13.2 In the event of loss or theft of the LYCAMOBILE SIM Card, it shall be the Customer’s responsibility to notify LYCAMOBILE as soon as this loss or theft is discovered, as well as to prevent someone else from using the SIM Card. The Customer shall be solely responsible for the SIM Card and may not claim any refund from LYCAMOBILE for the loss or theft thereof.
14. CONTRACTUAL AMENDMENTS
14.1 This contract may be modified by LYCAMOBILE with prior notice to the customer, one (1) month in advance via the Web https://www.lycamobile.es/en/; MMS; SMS, e-mail or other available means, when there is a change in the service, its conditions, rates or applicable regulations. If the customer continues to use the service once the change has come into effect, it is understood that he or she agrees with the change.
14.2 It is also recognized the customer’s right to terminate this contract for any alteration that occurs in the same, or any services, conditions, rates or applicable regulations.
14.3 LYCAMOBILE shall be entitled to assign any or all of its rights and obligations under these terms and conditions to any third party.
15. COMPLAINTS, LITIGATION AND APPLICABLE LEGISLATION
15.1 Any complaint or dispute between the Customer and LYCAMOBILE concerning the provision of the Service must first be made to LYCAMOBILE’s Customer Service using the contact details provided in clause 6.
15.2 The inability of LYCAMOBILE or the Customer to assert its rights under this Agreement shall not prevent LYCAMOBILE or the Customer (whichever the case) from taking additional measures.
15.3 The Agreement is governed by Spanish law and shall be subject to the exclusive jurisdiction of the Spanish Courts.
16. SUBSCRIBER DIRECTORIES
If the customer requests that his/her data be included in the subscriber directories, Lycamobile will communicate those data that the Customer considers to the Telecommunications Market Commission so that the latter makes them available to the entities that prepare the directories and/or provide information services.
17. EMERGENCY SERVICES
LYCAMOBILE provides the customer with free access to emergency services, as well as information on the location of the person making the call, depending on the capacity of the systems of the Autonomous Community in which the customer is at the time of calling these services, and the capacity of the Network Operator supplying the lines to LYCAMOBILE.
18. UNIQUE GENERAL CONDITIONS
The present general conditions replace any other previous general conditions that differ in their content and/or obligations, which, if applicable, will be without effect.
Lycamobile reserves the right at its absolute discretion (and without prior notice) to restrict or prevent access to certain web pages and other Network services, including Voice over Internet Protocol (‘VoIP’). If this happens, you may receive a message indicating that the website or service is “unavailable.