Terms and Conditions

 

Lebara Phones – Terms & Conditions


Who are we?
How do I register a MyLebara Account?
How do I get credit for MyLebara Wallet?
When do I have to use my credit by?
What limits are there on the availability of Lebara Products?
How and when might Lebara change its Products?
What am I not allowed to do?
What do I need to know about making Postings using Lebara Products?
Closing your My Lebara account or Porting Out
Our Liability
Intellectual Property Rights
External Links
General
Contacting us

 

Who are we

  1. Every day, we strive to make it easier for migrant communities to stay connected to family and friends back home. Adding to our existing and established base, Lebara also offers a range of innovative products and services, helping families, friends and colleagues stay connected and have fun. The websites on which these terms are made available are operated by the Lebara Group (Lebara, we, us and our) which its international headquarters at 2nd Floor, 25 Copthall Avenue, London, EC2R 7BP. These are the general terms and conditions (Terms) for our websites, goods and services (together Products.
  2. Our Products are offered by various members of our group. Lebara Limited is the ultimate provider of our traditional mobile Products. Lebara Limited is a limited company registered in England under company number 4293563 with registered offices at 2nd Floor, 25 Copthall Avenue, London, EC2R 7BP. Its VAT number is 100126296. Where a Product is provided to you by another member of our group references to Lebara, we, us or our in these Terms or other of our terms shall be deemed to refer to that member of our group who is supplying the service.
  3. Your purchase and use of our Products whether purchased online or in-store are subject to these Terms. If you do not agree to these Terms, please refrain from purchasing or using our Products. By purchasing or using our Products you:
  4. (a) agree to be bound by these Terms; and
    (b) enter into a binding agreement with us on the basis of these Terms.

  5. We may change these Terms from time to time by changing them on the site. If you continue to use our Products 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.
  6. In addition to these Terms, Product specific terms may also apply. Where Product specific terms apply, these will be referenced on the product page. Product specific terms and conditions together with our Code of Practice and Privacy Policy are incorporated by reference into these Terms. 
  7. We are regulated for the supply of our Products, including in the following areas:

    (a) by the Office of Communications (Ofcom) for the provision of communication services within the UK;
    (b) by PhonePayPlus for the supply of premium rate content and services.

How do I register a MyLebara account?

  1. We may, from time to time, restrict access or use to some of our Products and their features to users who have registered a MyLebara account with us (MyLebara Account). You are not obliged to register with us, but if you do not do so, you may be unable to use certain Products or features within those Products.
  2. In order to register your MyLebara Account you must:
  3. (a) be an individual;
    (b) be 18 years old or older;
    (c) agree to comply with these Terms.

  4. You must sign up directly with us in order to register. When signing up, you may be asked to provide a combination of:
  5. (a) your full name;
    (b) your address;
    (c) a valid and subsisting email address
    (d) your credit or debit card details; and
    (e) any other information reasonably requested by us as part of the sign up process.

  6. All information you provide to us when registering an account must be true and accurate to the best of your knowledge and belief. You must have the legal right and permission to use all credit and debit cards registered with your MyLebara Account. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
  7. We reserve the right in our absolute discretion to refuse to register any given prospective user and to withhold the reasons for doing so.
  8. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false. We may also suspend your account or require you to change your password if we have reason to believe that there is likely to be a breach of security or misuse of your MyLebara Account.
  9. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so. You are responsible for all activities that occur under your log-on ID and must contact us immediately of any unauthorised use or other security breach of which you become aware.
  10.  

How do I get credit for MyLebara Wallet?

  1. Once you've registered a MyLebara Account you will have an online wallet which you can use to pay for use of any of our Products (MyLebara Wallet). We make some of our Products available to you subject to the credit you have available in your MyLebara Wallet.
  2. You can add credit to your MyLebara Wallet using Lebara pre-pay vouchers purchased in-store (Vouchers). You will need to register any Vouchers you purchase in store to your MyLebara Wallet before they.
  3. Alternatively you can top up credit in your MyLebara Wallet by purchasing top-ups online (Top Ups) using a range of means which we make available from time to time including by (i) credit or debit card, (ii) or PayPal.
  4. Any order by you for Top Ups online will be reflected in your MyLebara Wallet immediately after being accepted by us, and you acknowledge that this is the case and that you will have no right to cancel once the Top Up has been credited.
  5. Every time you use a chargeable service in one of our Products, your MyLebara Wallet will be debited the associated charges.
  6. No interest is payable on credit in your MyLebara Wallet. You are not entitled to any refunds for credit in your MyLebara Wallet.
  7. We may set an upper limit of the total amounts you may credit your MyLebara Wallet with and reserve the right to amend this limit from time to time.
  8. Payments made purchasing Top Ups online appear on your statement as "MIP*Lebara Mobile".
  9.  

When do I have to use my credit by?

  1. Any physical Voucher you purchase in store will expire on the date stated on that Voucher.
  2. Where we suspend or terminate a user's access to and use of our Products on suspicion of fraud, you acknowledge that any credit in your MyLebara wallet may, at our absolute discretion, be forfeited to us or as any court or regulator may direct.

What limits are there on the availability of Lebara Products?

  1. We cannot and do not guarantee the continuous, uninterrupted or error-free operability of our Products.
  2. We may suspend access to our Products immediately if we need to carry out repairs, maintenance or introduce updates or new functionality or if required to do so by a regulator or under applicable law.
  3. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use our Products and is compatible with our Products.
  4. We provide our Products using a combination of Lebara's infrastructure and the cellular telecommunications system networks (Network) supporting our Products. You acknowledge that access to our Products are reliant upon such Networks, your device, as well as other geographic and atmospheric conditions over which we have no control.
  5. We may at our absolute discretion suspend a user's access to our Products without notice where we have any reasonable grounds to suspect fraudulent behaviour or activity. This includes, without limitation:
  6. (a) artificially inflated traffic where a flow of calls or messages is artificially directed to a number or service (AIT); and/or
    (b) GSM gateway activity where a device is connected to the Network and used solely for the purpose of directing calls and messages to another network operator (GSM Gateway).

  7. In the interest of other users, safety, quality or other reasons which we consider important we may issue reasonable instructions to you concerning the use of our Products, block certain numbers or switch off international roaming.
  8. There may be times when certain features, parts or content of our Products, or our entire Products, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. This may potentially result dropped calls, loss of connection or loss of speed or time. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of our Products, or any features, parts or content of our Products.

     

How and when might Lebara change its Products?

  1. We may change the features in our Products, or add or remove certain Products from time to time. We cannot and do not guarantee that any particular content or functionality will be made available as part of our Products.
  2. We will use reasonable efforts to ensure to minimise disruption in services provided through our Products, but may need to suspend access to our Products from time to time for maintenance, upgrading, security or other reasons where we consider it necessary. We may be required to modify our Products to comply with applicable regulatory or statutory requirements.

What am I not allowed to do?

  1. You are responsible for the acts and omissions of any and all persons using our Products through your MyLebara Account. Without prejudice to any provision of these Terms, you agree that you:

    (a) may not use our Products for commercial or unreasonable purposes;
    (b) are wholly responsible for how you use our Products, and we are not responsible or liable for any call content, message or other communication sent or received by you or any other person using our Products through your MyLebara Account (including content which contains a virus or other harmful or unlawful material);
    (c) will not knowingly order a Voucher online when you know you have insufficient funds in your bank or on your debit or credit card;
    (d) have no representation or warranty from us as to the quality, accuracy, correctness, completeness or suitability of our Products;
    (e) will not attempt to, actually gain, permit or actively or inactively allow any third party to attempt to gain unauthorised access to our Products and/or Network;
    (f) rely on, or use, any and all content at your sole risk;
    (g) will not use or permit the use of our Products for any improper, indecent, immoral, obscene, unlawful, harassing, harmful, unauthorised, defamatory, offensive and/or fraudulent purpose, or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person;
    (h) will not use or permit any use of the our Products, so as to cause the operation of the Network or the quality of our Products to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system, nor to misuse and/or abuse our Products and/or the Network;
    (i) will comply with the terms and any user guide(s) or other instructions made available to you whether in hard copy or online governing your use of our Products, and will remain solely responsible for the manner in which these are used;
    (j) will comply with the terms of any legislation or any licence applicable to you as the customer or us, including all relevant codes of practice as may be issued from time to time by the government, a regulator or other competent authority;
    (k) will comply with all reasonable instructions or requests of Lebara or an authorised authority and/or any other telecommunications operator, in particular as regards the use of our Products and in relation to the investigation of any offences; and
    (l) will not incite, encourage or induce members of the public to make calls to a particular number simultaneously.

What do I need to know about making Postings using Lebara Products?

  1. Our Products may, from time to time, make comments pages, user ratings, chat rooms, message boards, news groups and/or other public areas for user-generated content and communications (collectively User Content Pages) available to you. We do not control the material submitted to User Content Pages (collectively Postings), nor are User Content Pages actively moderated. You are solely responsible for the content of your Postings as submitted by you or from your MyLebara Account and acknowledge that all Postings express the views of their respective authors, and not our views.
  2. If you participate in any User Content Pages, you must:
  3. (a) keep all Postings relevant to the purpose of the User Content Page and the nature of any topic;
    (b) not submit any Posting that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
    (c) not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements;
    (d) not submit any Posting containing any form of advertising; and
    (e) not impersonate, or misrepresent an affiliation with, any person or entity.

  4. You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
  5. Whilst we do not pre-screen Postings, we reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you.
  6. If you have any complaints about the content of any Posting please contact us detailing the specific Posting giving rise to the complaint. If we determine that you are in breach of these Terms relating to User Content Pages we may take such action as we deem appropriate.

Closing your MyLebara Account or Porting Out

  1. You may close your MyLebara Account or port out at any time by contacting us. If you close your MyLebara Account you will lose the right to use any credit remaining in your MyLebara Wallet. Credit in your MyLebara Account is non-transferable and you acknowledge that on closure of your MyLebara Account any credit or user generated content in or related to your MyLebara Wallet will be forfeited to Lebara.
  2. We may suspend or close your MyLebara Account or Mobile Service at any time if:
    (a) we reasonably suspect that you are using our products or offers for commercial, as opposed to personal, purposes;
    (b) we reasonably suspect that you are using our products or offers in an abusive manner that is not reflective of the behaviours of our “average” customer(s);
    (c) we reasonably suspect fraud or fraudulent activity;
    (d) you are in material breach of any of these Terms or any other terms incorporated by reference into these Terms;
    (e) we determine that your MyLebara Account or SIM is inactive;
    (f) bankruptcy or any insolvency proceedings are brought against you;
    (g) one or more payments for top-up order cannot be collected on time;
    (h) payments collected successfully are subsequently disputed by your or your card issuer or bank.

  3. If your access to our products or offers is suspended or terminated in accordance with clause 9.2, then any credit in your MyLebara Wallet or SIM will be forfeited to Lebara and you shall not be entitled to a refund. Similarly, when you port out of our Mobile Service, you are not automatically entitled to a refund of any credit left on your SIM. For any unused airtime, you can however contact us and elect to donate your remaining credit to the Lebara Foundation.

Our liability

  1. Nothing in these terms and conditions shall limit or exclude our liability to you:

    (a) for death or personal injury caused by our negligence;
    (b) for fraudulent misrepresentation;
    (c) for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
    (d) under Part I of the Consumer Protection Act 1987; or
    (e) for any other liability that may not, under English law, be limited or excluded.

  2. Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer relating to your use of all of our Products is strictly limited to losses that were reasonably foreseeable and shall not in aggregate exceed the sum of £100.
  3. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
  4. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
  5. You are responsible for the security of your device which you use to access our Products and for protecting your log-in details. We are not responsible for any losses for the uses of your account by another person other than you or for losses arising as a result your failure to use adequate security protections on the device from which you access our Products.
  6. If you use our Products outside the United Kingdom such use may be subject to different laws and regulations. We are not liable for your failure to comply with those laws or regulations.

Intellectual Property Rights

  1. All intellectual property rights in any content of our Products (including text, graphics, software, photographs and other images, videos, sound, trade marks 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 downloading using our Products. In the event you print off, copy or store content from using our Products (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

External Links

  1. Our Products may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

General

  1. You may not transfer or assign any or all of your rights or obligations under these Terms or your MyLebara Account or MyLebara Wallet.
  2. If we fail to enforce any of our rights, that does not result in a waiver of that right.
  3. If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
  4. These Terms may not be varied except with our express written consent.
  5. language only and that no public filing requirements apply.
  6. These Terms and any document expressly referred to in them shall be governed by English law, and you agree that any dispute between you and us regarding them will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.

Contacting us

  1. Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to info@lebara.com or write to us at:
  2. Lebara
    Level 2
    25 Copthall Avenue
    London
    EC2R 7BP
    UK