1.1 These General Terms and Conditions apply to your use of all Lebara websites and services as provided by the Lebara group of companies. Further product or service specific terms and conditions will also apply as detailed below.
1.2 The websites and services to which these terms apply are operated by the Lebara Group B.V registered in The Netherlands under company number 34298812 with registered offices at Entrada 111, 1114 AA Amsterdam-Duivendrecht, and/or a subsidiary of the group as specified below in relation to the particular product or service terms. 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.
1.3 The international headquarters of the Lebara Group is at Level 2, 25 Copthall Avenue, London, EC2R 7BP.
1.4 These are the general terms and conditions (the General Terms) for all of our websites, goods and services (together referred to as the Products or Services). Further specific terms (Specific Terms) also apply as detailed below which are incorporated by reference. These should be read and understood together with these General Terms. Together the General terms and the Specific Terms are collectively referred to as the Terms.
1.5 Mobile: The Specific Terms can be found under the Mobile tab of www.lebara.com. The service provider for Mobile depends on specific Lebara country in which you are utilising the Lebara Mobile service.
1.6 Talk: The Specific Terms can be found either in the Lebara Talk App itself or here. The service is provided by Lebara Media Services Limited, trading as Lebara Talk and registered in England under company number 9051444 with registered offices at Level 2, 25 Copthall Avenue, London, EC2R 7BP, trading as Lebara Talk. Its VAT number is 202384248.
1.7 Phones: The Specific Terms can be found here. The service is provided by Lebara Limited registered in England under company number 4293563 with registered offices at Level 2, 25 Copthall Avenue, London, EC2R 7BP. Its VAT number is 100126296.
1.8 Play: The Specific Terms can be found in the Lebara Play App itself or here. The service is provided by Lebara Media Services Limited, trading as Lebara Play and registered in England under company number 9051444 with registered offices at Level 2, 25 Copthall Avenue, London, EC2R 7BP, trading as Lebara Play. Its VAT number is 202384248.
1.10 We are regulated for the supply of some of our Products or Services, including in the following areas:
1.11 By purchasing or using our Products or Services you:
1.12 If you do not agree to these Terms, please refrain from purchasing or using our Products or Services.
1.13 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.
2.1 You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18 years of age, you are not permitted to use the Products or Service.
2.2 You further represent and warrant that you are not located in a country that is subject to a UK Government embargo, or that has been designated by the UK Government as a” terrorist-supporting” country, and that you are not listed on any UK Government list of prohibited or restricted parties.
3.1 We may, from time to time, restrict access or use to some of our Products or Services 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 Services or features within those Products or Services.
3.2 In order to register your MyLebara Account you must:
3.3 You must sign up directly with us in order to register. When signing up, you may be asked to provide a combination of:
3.4 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.
3.5 We reserve the right in our absolute discretion to refuse to register any given prospective user and to withhold the reasons for doing so. 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.
3.6 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.
4.1 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 or Services (MyLebara Wallet). We make some of our Products or Services available to you subject to the credit you have available in your MyLebara Wallet.
4.2 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 can be used.
4.3 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.
4.4 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 refunds once the Top Up has been credited.
4.5 No interest is payable on credit in your MyLebara Wallet.
4.6 Every time you use a chargeable service in one of our Products or Services, your MyLebara Wallet will be debited the associated charges.
4.7 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.
4.7 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.
4.8 Payments made purchasing Top Ups online appear on your statement as "MIP*Lebara Mobile".
4.9 Lebara may collect VAT or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules).
4.11 Lebara does not guarantee that you will be able to use your MyLebara credit balance to purchase all features and products. Where MyLebara credit cannot be used to pay for a feature or product, Lebara will make another payment method available to you. Lebara reserves the right to remove or amend the available payment methods at its sole discretion.
4.12 Payments by credit cards
5.1 Cancelation within 14 days
5.3 Other refunds
6.1 If any call credit is not used within 90 days, (including any credit that has been allocated to you by a Lebara administrator) Lebara will place your MyLebara Account on inactive status and you will not be entitled to a refund of any remaining credit stored thereto.
6.2 Similarly, when purchasing a physical Lebara Voucher, all such vouchers have a limited life spam. Please check the back of the voucher carefully to ensure you redeem the associated credit within the relevant period.
6.3 Where we suspend or terminate a user's access to and use of our Products or Services on, for example, 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.
7.1 We cannot and do not guarantee the continuous, uninterrupted or error-free operability of our Products or Services, nor that any particular content or functionality will be made available as part of our Products or Services. We will use reasonable efforts to minimise disruption in services provided through our Products or Services, but may need to suspend access to our Products or Services from time to time for maintenance, upgrading, security or other reasons where we consider it necessary. Products or Services
7.2 We may suspend access to our Products or Services 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.
7.3 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 or Services and is compatible with our Products or Services.
7.4 We provide our Products or Services using a combination of Lebara's infrastructure and the cellular telecommunications system networks (Network) supporting our Products or Services. You acknowledge that access to our Products or Services are reliant upon such Networks, your device, as well as other geographic and atmospheric conditions over which we have no control.
7.5 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 or Services, block certain numbers or switch off international roaming.
7.6 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 Services, or any features, parts or content of our Products or Services.
8.1 Using some of the Products or Service on mobile applications may use some of the data allowance available on the data package to which you have subscribed with your mobile network operator; be it Lebara or another operator. You are responsible for ensuring that you are not in violation of the data service agreement you have with your mobile network operator.
8.2 Out-of-country usage may lead to significantly higher costs for both you and, potentially the recipient of your communication than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9.1 You are responsible for the acts and omissions of any and all persons using our Products or Services through your MyLebara Account. Without prejudice to any provision of these Terms, you agree that you:
9.2 You will not exploit our Products or Services commercially or to the detriment of Lebara. Enterprises affiliated with you are considered third parties within the meaning of this clause. For the avoidance of any doubt this includes use of the Products or Services for the purposes of fraud, AIT or the operation of a GSM Gateway.
9.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses any Products or Service in a manner that sends more request messages to the Lebara servers in a given period of time than a human can reasonably produce in the same period by using a Lebara application, and you are forbidden from ripping the content unless specifically allowed.
9.4 Notwithstanding the foregoing, Lebara grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lebara reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Wireshark, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Lebara clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
9.5 We may at our absolute discretion suspend a user's access to our Products or Services without notice where we have any reasonable grounds to suspect fraudulent behaviour or activity. This includes, without limitation:
10.1 Our Products or Services 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.
10.2 If you participate in any User Content Pages, you must:
10.3 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.
10.4 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.
10.5 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.
11.1 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. For any unused airtime, you can however contact us and elect to donate your remaining credit to the Lebara Foundation.
11.2 We may suspend or terminate your MyLebara Account Services at any time if:
11.3 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. Services
12.1 All intellectual property rights in any content of our Products or Services (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 or Services. In the event you print off, copy or store content from using our Products or Services (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.
12.2 In the event there is any software download facilitated through the Products or Services, we grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to use the software, solely for your personal, non commercial use to access or use the relevant Product or Service.
12.3 You agree not to (and not to permit to or encourage others to): (i) use the software for any use or purpose other than as expressly permitted by these Terms; nor (ii) copy, adapt, reverse engineer, decompile, modify, disassemble, otherwise tamper with, prepare derivative works based upon, distribute, license, sell, transfer or otherwise exploit the software or any portion of it, except as expressly permitted in these Terms.
You agree to defend, indemnify and hold harmless Lebara, its parent corporation, other Group members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Lebara Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Lebara Service.
14.1 To the extent permitted by law, the Products and Services are provided by Lebara without any warranties or guarantees and you rely on, or use, any and all Products or Services at your sole risk.
14.2 In particular, we make no warranties in connection with the following:(a) compatibility of the Products and Services with any of your equipment, software or telecommunications links (b) suitability, reliability or accuracy of the Products and Services c) adequacy of the Products and Services to meet your requirements
14.3 Lebara makes no promise that the Products or Services are appropriate or available for use in locations outside the United Kingdom, and accessing the Products or Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
15.1 Nothing in these terms and conditions shall limit or exclude our liability to you:
15.2 Subject to this, in no event shall we be liable to you for any indirect or consequential losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the following:(a) the total fees paid by you for the relevant Product or Service in respect of which the liability arises; or (b) if Lebara Play and/or Content was/were made available free of charge, the sum of £149.
15.3 In particular because we sell products for personal use only our responsibility to you shall not include any business or consequential losses such as lost data, lost profits, lost sales or business interruption.
15.4 Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
15.5 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.
15.6 You are responsible for the security of your device which you use to access our Products or Services 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 or Services.
Our Products or Services 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. Information provided by our users through Postings may also contain links to third party websites that are not owned or controlled by Lebara. We have no control over these links and 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. You expressly acknowledge and agree that Lebara shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
17.1 You may not transfer or assign any or all of your rights or obligations under these Terms or your MyLebara Account or MyLebara Wallet.
17.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you through either your mobile number, email or postal address you provide to us.
17.3 If we fail to enforce any of our rights, that does not result in a waiver of that right.
17.4 If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
17.5 These Terms may not be varied except with our express written consent.
17.6 These Terms and any terms or document expressly referred to in them represent the entire agreement between you and us. We are required by law to advise you that contracts between us may be concluded in the English language only and that no public filing requirements apply.
17.7 Lebara makes no promise that the Products or Services are appropriate or available for use in locations outside the United Kingdom, and accessing the Products or Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
17.8 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.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to a href="mailto:email@example.com">firstname.lastname@example.org _fcksavedurl="mailto:email@example.com">firstname.lastname@example.org _fcksavedurl="mailto:email@example.com">firstname.lastname@example.org email@example.com, by telephone on +44 (0) 203 036 3000 between the hours of 9am to 5pm (GMT), Monday to Friday or write to us at:
25 Copthall Avenue
Last updated 19 June 2015