1.1 To use the Online Top-up Service you will need to complete the online registration process (Registration Process). Successful registration with the Online Top-up Service provides you with an online account from which you can purchase airtime using your registered means of payment to top up the balance of your registered Lebara Mobile accounts (your Top-up Account). You can use your Top-up Account online via www.lebara.co.uk (the Lebara Mobile Website).
1.1 The Online Top Up Service is provided on behalf of Lebara Mobile Limited with a registered office at 25 Copthall Avenue, London EC2R 7BP, UK (Lebara Mobile) by Mi-Pay Limited, where there are references to “We” or “us” this means Mi-Pay Limited.Mi-Pay’s registered address is Mi-Pay Limited, ReD House, Cemetery Pales, Brookwood, Surrey GU24 0BL
2.1 You must ensure that the details provided by you during the Registration Process or at any time are correct and complete. You must not register someone else’s mobile phone to use the Online Top-up Service without their permission. You confirm to us that you have the legal right to use the credit or debit cards and bank accounts registered for use with your Top-Up Account.
2.2 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
2.3 We reserve the right to decline your application for a Top-up Account.
3.1 During the Registration Process you may be asked to create a username and password or may use an existing username and password you have previously registered with Lebara Mobile for other services. You must keep this username and password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and top-up orders that occur or are submitted under your username and password. If you know or suspect that someone else knows your username or password you should notify us by contacting Lebara’s Customer Care immediately, details of how to do so are set out in the Complaints section below.
3.2 If we have reason to believe that there is likely to be a breach of security or misuse of the Online Top-up Service, we may require you to change your password or we may suspend your account in accordance with paragraph 7 below.
4.1 We will notify you of your successful completion of the Registration Process by email. Your agreement with us (Agreement) runs from the date of this email.
5.1 We can change this Agreement at any time by placing amended Online Top-up Terms and Conditions on the Lebara Mobile Website. We will give you reasonable notice of any changes. We will notify you of material changes directly, for example by email to the address registered with your Top-up Account. If you do not agree with the changed Agreement, you may stop using the Online Top-up Service. If you continue to use the Online Top-up Service after the date on which the change comes into effect, your use of the Online Top-up Service indicates you agree to the changed Agreement.
6.1 You may end your Agreement with us by no longer using your Top-up Account or by calling Customer Care and requesting a cancellation.
6.2 We may end our Agreement with you at any time by giving you 30 days’ notice. We may also end our Agreement with you immediately if: (a) you do not pay us for your top-up, (b) you break an important term of your Agreement with us (for example, you do not comply with paragraph 11), (c) you break any other term of your Agreement with us and do not put it right within 7 days of us asking you to, (d) we reasonably suspect fraud or money laundering by someone using your Top-up Account(s) or your Lebara Mobile account(s), (e) you give us information about yourself which we reasonably believe to be false or misleading, (f) we are no longer able to provide the Online Top-up Service to you despite trying to do so, (g) any of the circumstances in paragraph 6.3 occurs.
6.3 Under paragraph 6.2 (g) we can end our Agreement with you immediately if: (a) bankruptcy or insolvency proceedings are brought against you, or an arrangement with your creditors is made, or a receiver or administrator is appointed over any of your property or belongings, or you go into liquidation, (b) one or more payments for top-up orders using your Top-up Account cannot be collected on time, (c) payments collected successfully by us for top-up orders using your Top-up Account are subsequently disputed by you or your card issuer or bank, (d) we receive a notice from your bank that the direct debit instruction registered for your Top-up Account is no longer valid, or (e) we receive a notice from Lebara Mobile that your Lebara Mobile phone has been barred or your Lebara Mobile account is ended for any other reason.
7.1 We may suspend the Online Top-up Service immediately: (a) if we need to carry out repairs, maintenance or the introduction of new aspects to the Online Top-up Service (and we will try to restore the Online Top-up Service as soon as we can), (b) if we are told to by the Government, the emergency services or any other competent or lawful authority, (c) to protect you under paragraph 7.2, or (d) if any of the circumstances in paragraph 6.2 occurs.
7.2 Sometimes, it may appear to us that there is an unusual use of the Online Top-up Service (for example, the volume of top-ups loaded increases significantly and we reasonably suspect fraudulent use). If this does happen we may suspend your use of the Online Top-up Service to prevent you from incurring excessive or unwanted Charges.
8.1 We store the payment details you provide to us during the Registration Process encrypted on a secure server.
8.2 During the Registration Process your credit and / or debit cards will be authenticated online by the card issuers using our secure facilities. Each time the details of your credit and / or debit cards are changed, they will be immediately authenticated online by the card issuer.
9.1 When we provide you with the Online Top-up Service, we will use the reasonable skill and care of a competent service provider.
9.2 We shall not be responsible for any delay or failure to provide the Online Top-up Service for reasons beyond our control.
9.3 Certain elements of the Online Top-up Service may only work with certain payment methods (e.g. regular automatic top-up can only be paid for using direct debit).
10.1 You must use the Online Top-up Service in accordance with your Agreement with us and any other reasonable instructions we or Lebara Mobile give you (including those contained in any FAQs or other help pages).
10.2 The Online Top-up Service is a consumer service. If you do use the Online Top-up Service for business or commercial purposes you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Online Top-up Service is faulty or cannot be used by them.
11.1 If you pay by Direct Debit, payment is taken from the bank account registered to your Top-up Account at the time you place your order. If your Direct Debit is rejected by the bank for any reason, you authorise us to take payment from the credit or debit card registered to your Top-up Account.
11.2 If you pay by debit or credit card, payment is authorised on the debit or credit card registered to your Top-up Account at the time you place your order.
11.3 Payments made using the Online Top-up Service appear on your statement as "MiP*Lebara Mobile".
11.4 We may set an upper limit of total amounts you may order through your Top-up Account and reserve the right to amend this limit at any time.
11.5 Your nominated Lebara Mobile Account will be updated to reflect the top-up ordered shortly after you place your order. Once you place your order, and it is confirmed, top-up will usually arrive within 15 minutes.
11.6 Because, once you place your order, we begin the process of providing the top-up to you, you cannot cancel your order.
11.7 You must not knowingly order top-up using direct debit or a debit card where you have insufficient funds in your bank account or using a credit card where you have insufficient credit on your credit card.
12.1 We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence, (b) fraud, or (c) any of our liabilities that cannot by law be excluded or restricted.
12.2 We are responsible for direct losses you suffer as a result of us breaking this Agreement with you if the losses are a foreseeable consequence of us breaking this Agreement. Our liability to you in relation to the Online Top-up Service is limited to £250 for each Top-up Account that is affected (up to a maximum of £500 in any 12 months). We are not responsible for indirect losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us (such as loss of profits, wasted expense or loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting Lebara Mobile’s Customer Care.
13.1 If you transfer ownership of your Lebara Mobile phone and SIM to another person they cannot use your Top-up Account and must register themselves.
13.2 We can transfer all or any part of our Agreement with you at any time provided the service you receive is not significantly reduced.
13.3 If at any time we do not require you to comply with any part of your Agreement with us, this does not prevent us from asking you to at a later time.
13.4 If any part of your Agreement with us is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of the Agreement, which shall remain in force.
13.5 Any notices or communications that you send to us must be sent to [email protected]. Any notices or communications that we send to you will be sent by email to the email address registered with your Top-up Account. All notices or other communications will be deemed to have been received 24 hours after sending.
13.6 A person who is not a party to your Agreement with us has no right under the Agreement (Rights of Third Parties) Act 1999 to enforce any part of the Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. Lebara Mobile Limited, for whom we provide this service to you, may also enforce this Agreement against you.
13.7 English law applies to your Agreement with us, and any disputes about this Agreement will be decided exclusively in the English courts.
14.1 We want to give you a great service. However, if you are unhappy with any aspect of the Online Top-up Service then please contact Customer Care by calling 5588 from your Lebara mobile, or 0870 075 5588 from any other phone. Calls made from your Lebara Mobile to Lebara’s Automated Helpline are free. Lebara charges you 10p per minute if you transfer to a Customer Care representative. Charges from non-Lebara phones for calls made to 0870 numbers vary; please check with your telephone service provider. If you are still not happy, please ask to speak to a manager. If you would like to write to us with your complaint, please write to Lebara Mobile Limited, 25 Copthall Avenue, London EC2R 7BP, UK . Lebara Mobile also has a code of practice which can be found on the Lebara Mobile web site.
14.2 If you remain unhappy or you think that we have not dealt with your complaint satisfactorily, you can refer your complaint to the following external regulatory body: Otelo (www.otelo.org.uk), the Telecommunications Ombudsman, on 01925 430049 or at Office of the Telecommunications Ombudsman, Wilderspool Park, Warrington WA4 6HL.
14.3 Before you contact Otelo, please make sure you have details of why you are still unhappy with the answer given by the Lebara Mobile Customer Care.