1. Scope of validity and Commencement
1.1 These Lebara Content terms and conditions are to be read in conjunction with the General Terms and Conditions of Lebara Mobile Limited which can be viewed at www.lebara.co.uk. In the event of a conflict between the Content Terms and Conditions and the General Terms and Conditions of Lebara Mobile, the General Terms and Conditions shall take precedence. Reference to these Lebara Content Terms and Conditions shall also mean reference to them in conjunction with the General Terms and Conditions of Lebara Mobile. These Lebara Content Terms and Conditions including the pricing for the Services and any wording contained on marketing materials and packaging including operating manual apply to all services as offered on the mobile site http://uk.lebara.mobi (hereinafter referred to as ‘’Site’’ and “mobile site” respectively) , including without limitation editorial content (e.g. News, Sports headlines) alerts, ringtones, wallpapers, animations, games, off portal links, music, videos, graphics and also content that you can stream, for example music and videos (the “Services”), hereafter referred to as the “Agreement”. The Agreement shall apply to all Services rendered by Lebara Mobile – whether for a fee or free of charge.
1.2 Further, under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase of any of these items within a period of 7 working days, beginning with the day after the day on which the item is delivered. Please note that we are unable to accept cancellation of, or returns for, digital items once downloading has commenced. Otherwise, we can accept returns of complete product, which is unused and in an "as new" condition.
1.3 Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms is: Lebara Mobile registered office at 25 Copthall Avenue London EC2R 7BP, UK (“Lebara Mobile Limited”), registered number 6184980, UK VAT Number 100126296.
1.4 The Services sold or provided pursuant to these Terms and Conditions comprise items either selected from those available on our Site.
1.5 The price of any Service is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.
1.6 Unless otherwise expressly stated, the right and licence to use an item sold pursuant to these Terms is perpetual, non-exclusive but limited to use on the mobile phone to which the item is initially transmitted and the other limitations set out in these Terms. The Agreement shall remain valid and active until terminated in accordance with the terms and conditions herein.
1.7 Lebara is regulated by the Office of Communications (Ofcom), the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services or their replacement from time to time. For more information on Ofcom go to www.ofcom.org.uk
1.8 In this Agreement, “we” and “our” shall refer to Lebara Mobile.
1.9 Any natural person, legal entity or partnership, who uses the Services will be deemed to have accepted this Agreement and will be referred to as a customer (hereinafter “Customer” or “you”) of Lebara Mobile.
2. Accessing and using our Site
2.1 Your use of the Site is at your own risk.
2.3 The Service and the Site is based in the UK and intended for use by UK residents only and note that in other territories, access and/or use of the content or Services may be illegal or prohibited. If you access the Site outside the United Kingdom you are responsible for ensuring that you comply with local laws. Please note that the content of the Site and the Services provided or offered, may be regarded by you as offensive or otherwise objectionable.
2.4 Lebara shall make reasonable endeavours to ensure that the content on the Site is correct at the time of publication and free from viruses although we do not guarantee this. However, we cannot accept any responsibility for any errors, omissions or inaccuracies.
2.5 Access to the Site may occasionally be restricted to allow repairs, maintenance or the introduction or removal of Services and content. We may also suspend, change, withdraw or cancel the Site and/or any content on the Site for any reason and at any time, without notice. However Lebara will use reasonable efforts to make the Site available at all times.
2.6 The Site may not be used by you to transmit any material which breaches any intellectual property right or which contains viruses; or disrupt or damage the Site, any other service or website; or circumvent or try to circumvent, any applicable safeguards, rules and regulations.
2.7 On the site, you may find from time to time, links to other mobile websites and services either directly or through advertising banners. This does not in any way mean or indicates we are in any way connected to or responsible for, or in control of third party websites or services and their contents. You acknowledge that Lebara will not be a party to any transaction or contract that you may enter into from a link from the Site, unless stated otherwise, and we will not be liable to you in respect of any loss or damage which you may suffer by using those websites and services.
3. Prices and payment for the Services
3.1 The current up-to-date binding prices for the Services are published at all times on our mobile site at http://www.uk.lebara.mobi. The pricing is inclusive of VAT unless otherwise stated. Use of the data connection is free of charge up to 1MB in a day (until 30.09.2012) and charged 15p per MB for any usage over 1MB in that day, where a day is defined as midnight to midnight (00:00 to 23:59). However, the rate may be amended by Lebara from time to time. The up-to-date binding prices for the data usage are published at all times on the Internet at http://www.lebara.co.uk
3.2 On the Site may find content which you can download or stream. You will be told how much each item costs before you decide to buy it. It is your responsibility to ensure the Services are compatible with your mobile phone or other device. By ordering Services you confirm that you are the owner of the mobile phone or that you have permission for us to send Chargeable Content to it.
3.3 The cost of the Services will be taken from your airtime credit or, where available, may be paid by credit or debit card.
3.4 Unless explicitly stated otherwise, the Services are not transferable.
3.5 You may store the Services on your mobile phone but you must not copy, forward, edit, or modify it unless explicitly stated otherwise.
3.6 After you have confirmed payment, you cannot cancel your purchase. Unless the Services are defective, you cannot return any purchased Services.
3.7 If the Services in whole or in part, are to be considered corrupted, or prior to any delivery of Services has taken place, we may replace the Services. If after resending, we are of the opinion there is still a problem caused by the Services, we may exclusively be held by you to offer alternative Services or a refund. We will not be liable if, for any reason, your mobile device is damaged or malfunctions as a result of receiving or using any Service.
4. Intellectual Property
4.1 The content on the Site and the Services belongs to Lebara, its Group companies or its licensors. It constitute valuable intellectual property which is protected by copyright, design, trademark and any other applicable intellectual property right to the fullest extent possible. We hereby grant you a non-exclusive, non transferable right to view and use the Service via you PC or Mobile device for your own personal and non commercial use in strict accordance with the Agreement. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use content on the Site, or the Services in anyway except for your own personal, non-commercial use.
4.2 AFP text, photo, graphic, audio or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. AFP news material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use. AFP will not be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. As a newswire service, AFP does not obtain releases from subjects, individuals, groups or entities contained in its photographs, videos, graphics or quoted in its texts. Further, no clearance is obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in AFP material. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP material.”
5. Exclusions and Liability
5.1 The Service is offered on an ‘’as is ‘’ basis and we make no warranties, express or implied, with respect to the Service and/or the Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in the Agreement. You recognise that the Service may, from time to time, be adversely affected by events outside our control, including, without limitation, congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection.
5.2 We shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:
- the deletion with or without notice or cause of any of your data or information stored on the Service;
- your use of, reliance upon or inability to use our Service and/or Content;
- any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time; or
- the removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these Terms.
5.3 If you are not fully satisfied with any part of the Service or with any of the Agreement, your sole and exclusive remedy is to discontinue using this Service, or where you have paid us for any element of the Service, to seek a pro-rata refund as outlined in this Agreement for the cost of that element of the Service which has caused dissatisfaction. You will not be entitled to a refund where we have suspended or terminated your access to the Service as a result of breach of these Terms by you.
5.4 Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these Terms affects the statutory rights of the consumer.
6. Changes and Severability
6.1 Lebara reserves the right to amend these Lebara Content terms and conditions upon which any changes will be posted on the Site. Lebara may not provide you with notice of the changes so you need to look and verify whenever you access the Site. By continuing to use the Site after changes are posted you will be deemed to have accepted any amended terms or the Agreement. If any clause or condition of the Agreement is found to not be legally effective, the remainder of the Agreement shall still be effective. Lebara reserves the right to replace any clause that is not legally effective with a clause of similar meaning that is lawful and effective.
7.1 These terms and conditions will not affect any rights you have under any statute which cannot be excluded if you are a consumer. For more information on the rights you have under statute contact your Local Authority Trading Standards Department or Citizens Advice Bureau or please contact us by sending an email to firstname.lastname@example.org, or calling the Lebara Mobile customer care helpline on 0870 075 5588 or write to Lebara Mobile, Data Protection, 25 Copthall Avenue London EC2R 7BP, UK.