Lebara Play Terms & Conditions


1. Who are we and applicable Terms?
2. Access to Lebara Play and Content
3. Purchasing Content and subscriptions
4. What you are allowed to do
5. What you are not allowed to do
6. Third party platform providers and application stores
7. Intellectual property rights
8. Functionality and Content
9. Customer Support

 

1. Who are we and applicable Terms?

1.1 This website and Lebara Play are operated by Lebara Media Services Limited, registered in England under company number 9051444 with registered offices at Level 2, 25 Copthall Avenue, London, EC2R 7BP, United Kingdom, trading as Lebara Play, (Lebara Play, Lebara, we, us or our).

1.2 These are the specific Terms (Specific Terms) relating to our Lebara Play service (Lebara Play, the Product or Service). The general terms and conditions (the General Terms) found here also apply and are incorporated by reference. These Specific Terms should be read and understood together with those General Terms. Together the General terms and the Specific Terms are collectively referred to as the Terms.

1.3 In addition, our General Terms and Privacy Policy (both available at www.lebara.com) are incorporated by reference into these Terms.

1.4 By purchasing or using our Products or Services you:

  • (a) agree to be bound by these Terms; and
  • (b) enter into a binding agreement with us on the basis of these Terms.

1.5 If you do not agree to these Terms, please refrain from purchasing or using our Products or Services.

1.6 We may change these Terms from time to time by changing them on the site. If you continue to use our Products or Services after any such revisions take effect then you will be taken to have agreed to the revised Terms. You should print a copy of these Terms for future reference.

2. Access to Lebara Play and Content

2.1 The Lebara Play Service is an application for use on mobile phone devices (and such new additional devices as may be added from time to time, such as tablets, set top boxes, smart TVs and other devices), including any updates to the application. The Service makes available on demand content accessed through the application (such as films, television shows, and other digital content publications) that we make available to stream (the Content).

2.2 Lebara Play and the Content may only be streamed, accessed with a valid subscription and used on a device owned or controlled by you and running the relevant operating system for which Lebara Play or the Content concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to stream Lebara Play or Content you wish to stream and to access and use each streamed application and Content.

2.3 You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to stream Lebara Play or Content to that device. You accept responsibility for all access to, and use of, Lebara Play or any Content by you on any device, whether or not it is owned by you.

2.4 You acknowledge that the mobile service provider for the device to which you stream, or on which you access or use, Lebara Play or any Content may charge for internet access on that device.

2.5 We may, from time to time, restrict stream of Lebara Play or Content or access to certain features, functions or content of Lebara Play or Content to users who have registered a MyLebara Account with us. You are not obliged to register with us, but if you do not do so, you may be unable to stream Lebara Play or Content or use the relevant features, functions or content of the Lebara Play or streamed Content (as the case may be). We may in future require all users to register a MyLebara Account in order to use Lebara Play. You must ensure that any registration details you provide are accurate.

2.6 We cannot and do not guarantee the continuous, uninterrupted or error-free operability of Lebara Play or any Content or that Lebara Play or any Content will respond at a certain speed (since this depends on a number of factors outside our control). You acknowledge that the resolution and quality of the picture of any Content may be affected by various factors including your internet connection, available bandwidth, the device from which you are viewing the Content or your location and that these factors may also affect the time it takes to stream and view Content.

2.7 Please note that there may be geographical restrictions on where you can access and view certain Content through Lebara Play.

2.8 We may restrict the number of devices from which you can access and view Content at out discretion.

2.9 We will try to update the Content on Lebara Play but we do not guarantee that any Content will be updated or that any particular Content will be made available through Lebara Play.

3. Purchasing Content and subscriptions

3.1 As well as vouchers bought in store, you can use funds in your MyLebara Wallet to purchase Content and subscriptions. For more details on adding credit to your MyLebara Wallet please see the How do I get credit for MyLebara Wallet? Section in our General Terms and Conditions.

3.2 Lebara Play (or upgrade), and Content will be made available immediately and you acknowledge and agree that this is the case and that, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel once the stream has started.

3.3 Lebara Play may allow you to access Content on demand:

  • (a) on a temporary basis for a limited period of time;
  • (b) on a subscription basis for access over a subscription period; or
  • (c) using a combination of the above.

3.4 Subscriptions

3.4.1 Ongoing Subscription. Your monthly or yearly subscription, which may start with a discounted rate or have additional bonus months added to the end of the subscription period, will continue month-to-month or year-to-year unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use Lebara Play. We will bill the monthly subscription fee to your Payment Method. You must cancel your membership before it renews each month or each year in order to avoid billing of the next month or year's subscription fees to your Payment Method.

3.4.2 Differing Subscriptions. We may offer a number of subscriptions plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described here will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with Lebara Play by visiting our website and clicking on the "MyLebara Wallet" link. Some promotional subscriptions may be offered in connection with third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

3.5 Where purchases involve a subscription, the fee you pay gives you access to the relevant Content for the period of time selected by you from amongst the available options. It is important to note that, at the end of the subscription period, as we have mentioned above, your subscription will automatically renew for an equivalent period (and continue to do so), unless you alter or cancel your subscription renewal settings by contacting us. Where you pay to stream any Content we warrant that it will substantially comply with the description provided by us at the point of stream will be provided with reasonable care and skill.

3.6 Discounts or Bonus Periods

3.6.1 Your Lebara Play subscription may start with a discounted rate or bonus periods (such as additional months) may be added to the length of your subscription. The discounts or bonus periods of your subscription last for the period quoted in the offer, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Discounts or bonus periods are for new and certain reoccurring members only. Lebara reserves the right, in its absolute discretion, to determine your eligibility.

3.6.2 We will begin billing your Payment Method for subscription fees at the point of which you sign up for a subscription which may include any bonus months. Such bonus months are added onto the end of the subscription period paid for unless you cancel prior to the end of the subscription period. To view the specific details of your subscription, visit our website and click the "MyLebara Wallet" link.

3.6.3 You will not receive a notice from us that your discounted or bonus month(s) period has ended or that the paying portion of your subscription has begun. Please contact us for cancellation instructions. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.

3.7 No Refunds. There are no refunds or credits for partially used periods of a subscription. Following any cancellation, however, you will continue to have access to the service through to the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are set at our sole and absolute discretion. The provision of credits in once instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

3.8 Cancellation. You may cancel your subscription at any time, and you will continue to have access to the Lebara Play service through the end of your monthly or yearly billing period. We do not provide refunds or credits for any partial-month or partial-year subscription periods or unwatched movies or TV shows. To cancel please contact Customer Services. If you cancel your subscription, your account will automatically close at the end of your current billing period. If you signed up for Lebara Play using your account with a third party as a Payment Method, and wish to cancel your Lebara Play subscription at any time, including during bonus periods, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Lebara Play service through that third party. You may also find billing information about your Lebara Play subscription by visiting your account with the applicable third party.

3.9 We may at our discretion change the way in which Content is accessible through Lebara Play from time to time. Prices for Content may also be adjusted by us from time to time at our discretion. Any changes will not modify existing purchases which shall remain unaffected until the expiration of the relevant time limit or subscription period relating to that purchase.

4. What you are allowed to do

4.1 You may only use Lebara Play or any Content for non-commercial, personal use and only in accordance with these Terms (and in accordance with any applicable terms of any relevant third party service provider for the device to which you stream, or on which you access or use, Lebara Play or any Content) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

4.2 Subject to the following sections, you may retrieve and display Content from Lebara Play on a mobile device, and store Lebara Play or Content in electronic form incidentally in the normal course of use of your browser or mobile device and in accordance with these terms.

5. What you are not allowed to do

5.1 Except to the extent expressly set out in these Terms, you are not allowed to:

  • (a) permit the public performance of any Content or otherwise republish, reproduce, redistribute or re-transmit Lebara Play or any Content including by way of framing or re-streaming through any hardware or other software;
  • (b) copy or store Lebara Play or any Content other than for your own non-commercial, personal use and as may occur incidentally in the normal course of use of the device from which you access Lebara Play or Content;
  • (c) remove watermarks or other proprietary notices from Content or otherwise infringe third party intellectual property rights;
  • (d) interfere with the geo-filtering mechanisms in Lebara Play or any Content;
  • (e) attempt to gain unauthorised access to Lebara Play or any Content, the server on which Lebara Play and any Content may be stored or any server, host, network, computer or database connected to Lebara Play and any Content;
  • (f) create links in Lebara Play or Content to any other website or application;
  • (g) transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • (h) create a database by systematically streaming and storing any data from Lebara Play or any Content;
  • (i) remove or change any content of Lebara Play or any Content or attempt to circumvent security mechanisms or proper working of Lebara Play or any Content or any servers on which it is hosted;
  • (j) use Lebara Play or any Content in a way that might damage our name or reputation or that of any of our affiliates; or
  • (k) otherwise do anything that it is not expressly allowed by these Terms.

5.2 We will remove access to Lebara Play or some or all of its Content, and immediately terminate any other rights granted to you under these Terms in the event that you are in breach of any terms of these Terms.

6. Third party platform providers and application stores

6.1 Certain third party platform providers with whose devices and/or operating systems Lebara Play and any Content have been designed to be compatible oblige us to include certain additional provisions in these Terms. These are set out at the end of these Terms under Additional Third Party Terms. These provisions come from the relevant third party platform providers, not us.

6.2 Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you stream Lebara Play or any Content. We are not responsible for these stores or (with the exception of Lebara Play and any Content) for anything provided by them and do not guarantee that they will be continuously available.

7. Intellectual property rights

7.1 We license, but do not sell, to you Lebara Play or the Content you stream. Your licence to view Content on Lebara Play is non-transferable, non-exclusive, revocable, personal to you and strictly limited to non-commercial use. We and/or our third party licensors remain the owners of Lebara Play and all Content at all times.

7.2 All intellectual property rights in Lebara Play and Content and in any content of Lebara Play or Content (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by streaming Lebara Play or any Content.

7.3 We take breaches of third party intellectual property rights seriously. If we reasonably suspect a user of infringing third party intellectual property rights then we may at our sole discretion and as we deem appropriate disable or close the MyLebara Account of users we reasonably believe to be responsible for such infringements, and take such other actions as we deem necessary.

8. Functionality and Content

8.1 You agree that streaming, accessing and use of Lebara Play or Content that is made available to stream free of charge are on an 'as is' and 'as available' basis and at your sole risk. Should you cancel your subscription your access to any historical streaming will cease.

8.2 We reserve the right to change the design, features and/or functionality of Lebara Play or any Content by making the updated application or Content available for you to stream or, where your device settings permit it, by automatic delivery of updates. You are not obliged to stream any updated version of Lebara Play, but we may cease to provide and/or update Content to prior versions of the application and, depending on the nature of the update, in some circumstances you may not be able to continue using Lebara Play or view any Content until you have streamed the updated version.

8.3 You acknowledge that Content may be updated at any time. We reserve the right to cease to provide and/or update Content to Lebara Play, with or without notice to you, if we need to do so for security, legal or, unless that Content is part of a subscription you have paid for, any other reasons.

8.4 Except as expressly set out in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality of viewing experience, fitness for purpose or originality of any Content or Lebara Play and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of Lebara Play or any Content.

8.5 We cannot and do not guarantee that Lebara Play or any Content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of Lebara Play or Content.

9. Customer Support

9.1 To find more information about Lebara Play and our other services and features or if you need assistance at any time, please contact us.

Last updated 19 June 2015