Lebara Mobile - General Terms and Conditions

The parties to this Agreement are:

Lebara Mobile Limited, a company registered in England, company number 04293563, whose registered office is at 2nd Floor, 25 Copthall Avenue London EC2R 7BP, England and its affiliates (“Lebara”) who supply the Products and Services to the Customer. In this Agreement, “we”, "us" and “our” shall refer to Lebara.

and:

You are the person who orders and uses the Products and/or Services for private and personal use from the activation of your Lebara SIM Card and the creation of an Account with us (the “Customer”). A Customer includes any person who we reasonably assume is acting with your authority. In this Agreement, “you” and "your" shall refer to you as our Customer.

1. These General Terms and Conditions (and the Pay Monthly Terms and Conditions, and the Content Terms and Conditions, where applicable) and the Price List apply to all of the Products and Services offered by Lebara, whether for a specified fee or incorporated into other Charges. The current valid and binding version of the Agreement at any given time shall apply unless terminated under the terms of this Agreement and shall be published by us on the Internet at www.lebara.co.uk.
2. This version of the Agreement takes effect from 1 August 2011 and shall remain valid and active until amended or terminated in accordance with the relevant provisions of the Agreement.
3. Our relationship with you is also subject to our Privacy Policy and our Code of Practice. These can both be found at www.lebara.co.uk.
4. We can be contacted via the following methods: by email at care@lebara-mobile.co.uk; on a Lebara SIM Card by dialling 5588; by telephone on: 0870 075 5588 (calls to our customer service number are typically charged at the standard national rate applied by other service providers); or by post at the above address.
5. By creating an Account and using a Pre-Pay Lebara SIM Card to access the Services via a Mobile Phone, you will be deemed to have accepted this Agreement and will be referred to as a customer of Lebara. Any SIM Card we provide to you is provided under licence and remains our property. We may change your SIM Card or require you to return it at the end of this Agreement.
6. All Pre-Pay Vouchers are issued by Lebara and only these Vouchers may be used to add credit to your account.
7. We are subject to regulation in the supply of our services, including in the following areas:
   1. For the provision of our communications services within the United Kingdom – the Office of Communications (Ofcom) (www.ofcom.org.uk);
   2. For the supply of premium rate content and services - PhonePayPlus (www.phonepayplus.org.uk);
   3. For keeping your personal information confidential and processing it fairly  –the Information Commissioner (www.ico.gov.uk);
   4. For our supply of consumer credit for our Pay Monthly Products - the Office of Fair Trading (www.oft.gov.uk);
   5. For all disputes which cannot be directly resolved between you and us, we are subject to the authority of Otelo, the Independent Dispute Resolution body for telecommunications. The details of the mechanism for raising such a dispute with Otelo can be found at www.otelo.co.uk.

Definitions

8. The definitions and rules of interpretation set out in this clause shall apply in this Agreement:

   "Account" means our records of any information which you have supplied to us. This includes your personal information; details of the amount of credit you have for our Services; and details of your use of the Services. An Account is created by the connection of a Lebara SIM Card to the Network and either topping up by a minimum of £5 or making a chargeable call where the Lebara SIM Card has call credit included;
   “Administration Fee” means any charge which Lebara may levy under this Agreement, in specified circumstances for the cost of additional and/or non-standard services to you;
   “Agreement” means these General Terms and Conditions and, where applicable, the order form, Charges, Price List, Price Plan, our Code of Practice, the Pay Monthly Terms and Conditions, and the Content Terms and Conditions;
   
   “AIT" or “Artificially Inflated Traffic” means where the flow of calls or messages to a particular telecommunications number or service is a result of direct or indirect activity by or on behalf of the operator of said number or service which causes a disproportionate flow of calls than we would otherwise expect from normal commercial practice and your usage of the Network in good faith;
   
   "Charges" means all sums payable to us for the purchase of Lebara Products and Services which we make available to you, as described in the Price List and/or Price Plan, including any Administration Fees;
   “Code of Practice” means the Lebara code of practice detailing our method of dealing with any complaints or disputes relating to our Products and Services, which can be found at www.lebara.co.uk;
   "Content" means any text, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services for use on a Mobile Phone or otherwise, including any information supplied by content providers from time to time for which Lebara has the Rights to resell or allows a supplier of such Content to provide it via our network;
   
   “Credit Card” and/or “Debit Card” mean a card issued by a UK bank in your name from which we are able to take payments under this Agreement directly or via our partners;
   
   “Customer Services” means the Lebara staff and employees allocated to respond and assist customers with any queries and complaints. We are contactable via Lebara’s telephone numbers, by email or in writing;
   “Day” means a period from 00:00 to 23:59;
   “Direct Debit” means a method of making electronic payments at the request of, and to an amount specified by, the payee from a UK bank under the Direct Debit scheme. For more details please see: http://www.bacs.co.uk/BACS/CONSUMERS/DIRECTDEBIT/;
   
   "GSM Gateway" means a device for wireless telegraphy designed for, or adapted to be capable of, use while connected to the Network, or that of another network operator, and used solely for the purpose of sending or receiving messages conveyed by means of the Network or the cellular telecommunications system of another network operator;
   “Intellectual Property” or “IP” means any intellectual property rights anywhere in the world whether registerable or not, including, without limitation, patents, trademarks, service marks, designs, copyrights and related rights, database rights, know-how, moral rights and domain names, as well as applications for registration of such rights and the right to apply for registrations, and all equivalent or similar forms of protection notwithstanding the manner in which they arise or in which media;
   
   “International Roaming”  or ‘’Roaming’’ means the Service supplied to you by our reasonable efforts to enable you to obtain access to other mobile communications networks when you travel to other countries. This Service includes the ability to make and receive domestic and international voice calls, data services, and to send and receive SMS and MMS services;
   "Lebara Channel" means a distributor duly authorized by Lebara to sell the Products and Services;
   “Minimum Term” means the minimum specified period of time for which you have entered into a Pay Monthly contract with us on which the prices of your Services are based;
   
   "Mobile Phone" or “Handset” means a mobile device capable of being connected to our Service via the Network for Services when used in combination with a Lebara SIM Card;
   “Month” means a calendar month from the date of any event under this Agreement;
   
   “MyLebara” means Lebara’s account management tool, containing your personal details and, where applicable, billing information held by us, available to view on our Website at www.lebara.co.uk;
   "Network" means the cellular telecommunication system supporting our Services;
   
   “Pay Monthly” means Lebara’s range of consumer Services available and charged on a monthly basis, as further set out in the Pay Monthly Terms and Conditions;
   
   “Pre-Pay” means Lebara’s range of consumer Services available by adding credit to your Account and charged solely through usage;
   “Premium Rate” means those Services offered by or via Lebara which are charged at rates in excess of the standard rate for voice calls or message services. Prices for Premium Rate voice and SMS services are as advertised by the Content provider;
   
   “Product” means any Mobile Phone or Handset or SIM Card supplied to you by us. Please note any SIM Card is provided to you under licence and it remains our property. We may change your SIM Card or require you to return it at the end of this Agreement;
   
   "Price List" means the list of prices and Charges and any applicable conditions relating to the prices and Charges for the provision of the Service to customers which may be periodically updated by us for our Pre-Pay;
   
   “Price Plan” means any applicable conditions relating to the prices and Charges for the provision of your Pay Monthly Services;
   “Privacy Policy” means the Lebara policy on collecting and processing your personal  information which can be found at www.lebara.co.uk;
   
   "Register" and "Registration" means our acceptance of your application to register your personal details with us for the Service once you purchase call time from us;
   
   "Rights" means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;
   “Service” means any of the telecommunication services available for use by you via our SIM Card in the UK, once you have activated the SIM Card, including airtime minutes, enabling you to make or receive domestic and international calls and to send and receive SMS, MMS and data by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet, as well as any additional services we agree to provide to you, including voicemail and International Roaming where applicable;
   
   "SIM Card" means the card or other device provided to you bearing a unique mobile telephone number programmed to allow a Mobile Phone to access the Service;
   
   “Top Up” means adding call credit to your Lebara Account, through a Pre-Pay Voucher, electronic top up service, credit service, direct debit, Credit Card or Debit Card or other means;
   "User Guide(s)" means any guides or documentation supplied with your Mobile Phone/SIM Card either by us or by the manufacturer of your Mobile Phone that explain to you how the Service works, how to purchase call time and/or how to use your Mobile Phone;
   "Using the Service" means the use of the Services via the Lebara SIM Card after your Account is first activated or from when the Lebara Mobile Phone and/or SIM Card is received by you, if later;
   "Voucher" means a call time voucher of a specific cash amount and having a given value as specified in the Lebara Pre-Pay Price List when applied to Services on the Lebara network;

9. The headings in this Agreement do not affect its interpretation. A “person” can refer to an individual, a body corporate, association or partnership and includes a reference to that person’s legal personal representatives and/or successors to whom this Agreement is lawfully assigned. Unless the context otherwise requires, a clause is a reference to a clause of the Agreement. In the event of a conflict between any documents of the Agreement, the following descending order of precedence shall apply: - the General Terms and Conditions/ Pay Monthly/Content Terms and Conditions; any order form or welcome letter; the Price List, the Price Plan, any other advertising materials.

Products and Services provided by us

10. We provide the Services using a combination of Lebara’s infrastructure and the Network in the United Kingdom. You acknowledge that Services provided under the Agreement are subject to arrangements that are in the control of other networks and their operators, including the Network, that are outside of the control of Lebara.
11. Lebara makes the Services available subject to the credit available in your Account. For Pre-Pay, you get credit on our system to use the Services by Top Ups. You do this by purchasing Vouchers which Lebara make available through a range of means from time to time and registering said Voucher with us in accordance with the rules relating to the Lebara tariffs and Services at www.lebara.co.uk, or through other means made available by Lebara from time-to-time
12. Your pre-payments for Top Ups are not repayable by us, nor is any interest payable on any credit you may have with us. Every time a chargeable Service is used by you, the value you have added to the Account via Top Ups is reduced with reference to the relevant Charges and Price Lists. Please note that use of Internet or electronic Top Ups are not guaranteed as secure by us so be careful when using it. For the avoidance of doubt any physical Voucher shall expire by the date stated on the Voucher.
13. Lebara neither represents nor warrants that the Products themselves nor the operation of the Services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet your specific requirements, even if those requirements have been notified to Lebara in advance.
14. The quality and availability of the Services or Products are subject to certain limitations and circumstances beyond our reasonable control including, but not limited to, physical, geographic and atmospheric conditions and the functional capability of services and products as supplied to Lebara.
15. The availability and maintenance of the Network varies depending on location. The quality and coverage of the Services depends in whole or in part on your Mobile Phone, the Products, the Network, and the other telecommunications networks or Services to which you are connected to via the Network. The Services might be adversely affected if too many people try to use the Network at the same time; by physical features (such as buildings and underpasses); and by atmospheric conditions or other causes of interference. In particular, Lebara does not warrant that calls will not be dropped; GPRS connections will not be lost; that the transmission of data calls will occur at any particular speed or time; that all traffic (including certain bandwidth capacities) can or will be transmitted by the Network; or that there will be absolute protection of its Network against unauthorised access or interception.
16. Subject to this Agreement, Lebara shall exercise such reasonable skill and care in the provision of the Products and/or Services as may be expected of a reasonable mobile communications provider, and Lebara further warrants that the Products will be of satisfactory quality, will conform in all material respects with their description. and will be free from material defects in design, materials and workmanship,
17. We may, from time to time and without notice, change the Services and Products in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services and Products or the Charges.
18. We may modify or suspend the Services, wholly or partially, without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorised authority. All reasonable efforts shall be made to minimise such Service disruptions, however, some interruption may be inevitable.  We will notify you where and as soon as it is practicable to do so.
19. For International Roaming, the overseas networks on which we rely to support the Service while you are abroad may be limited in quality and coverage which we have no control over. Access to these overseas networks will depend upon the arrangements between the Network and the foreign operators. We therefore offer no guarantee of access to International Roaming or other Services while abroad. If you use Services from a country outside the UK, your use of the Services may be subject to different laws and regulations applying in that country. Lebara is not liable for your failure to comply with those laws or regulations. You also have to pay for receiving calls, including for the International components of such calls, when you are using International Roaming. Data charges are likely to be higher, and you are advised to consider temporarily turning off any functionality that may be using data services while Roaming.
20. Without prejudice to any other provisions of the Agreement, we reserve the right to:
    1. issue such reasonable instructions concerning the use of the Services as may be necessary in the interests of safety, quality of Services, other customers or telecommunications services as a whole, or for any other reason we deem sufficient; and/or
    2. block certain numbers from the Services, International Roaming; and/or disconnect the Services and Products on a temporary or permanent basis where there are reasonable grounds to suspect fraudulent, AIT or GSM Gateway activity, or where we would suffer direct loss as a result of any use of the Services.
21. Use of Products and Services is limited to fair and reasonable use as may be defined by us from time to time. Our Services and Charges assume fair and reasonable use of the Service by you. In the event of the usage being in excess of the terms of the Agreement, we reserve the right to review the Charges applied to your Account or to suspend or terminate the Services offered to you.
22. We reserve the right where deemed necessary by us to alter the mobile telephone number designated to your Lebara SIM Card, or any other name, code or number associated with the Services, subject to reasonable notice to you in the circumstances.
23. Certain types of calls are not offered as part of the Services. Please refer to our website www.lebara.co.uk for details. Special rate services (e.g. non-geographic numbers in the UK starting 08 to which non-standard prices apply) are not available unless requested through Customer Services.
24. All incoming voice calls which are not answered or which are received when the Product or Services are busy, switched off or out of coverage will be automatically diverted to the Lebara voicemail Services where you have activated them. This functionality cannot be altered. In the interest of other users, we limit the number and duration of the messages that can be left on your voicemail service. Please note that the confidentiality of messages cannot be guaranteed and you should take reasonable steps to secure or delete your messages. You must not record any abusive, obscene or hoax messages likely to cause offence to other people, including any Lebara employees, nor may you allow others to do so.
25. We always display or disclose the Customer’s telephone number where we are obliged to do so by law.
26. For SMS services, a standard text message is 160 characters long. Some Handsets permit you to send a SMS that is longer than the standard size. Where this is the case, the message will be divided up by us into the required number of texts required to convey your full SMS message. Each one of these SMS will be charged at the standard rate. Receiving international and UK standard SMS whilst in the UK is free. Premium Rate Services, SMS sent and received whilst abroad, reverse charged SMS, text messages sent to a non-UK based phone, and/or long text messages, are not included in the standard rates and therefore additional Charges may apply. The cost for sending a text message is deducted from your Account shortly after it is sent. Delivery of any given SMS cannot always be guaranteed.
27. With Lebara MMS you can send long text messages, picture messages and video messages. A long text message, picture message and video message is limited to a maximum size of 300 kilo bytes. If a message contains multiple media items, you will be charged for the most expensive item in the message: for example, if you send a message containing a picture and a video you are charged the price applicable to a video message. Messages sent whilst abroad, premium rate and reverse charged MMS are not included in the standard rate and therefore additional Charges may apply. Please note that not all Handsets can send and receive MMS.
28. Where we have provided you with your Handset, it is likely to be locked to the Network. You must not insert the SIM Card of another operator into a Lebara-supplied Handset without first using an unlocking code (which is not your PIN code). Upon request, and subject to a fair and nominal Administration Fee, we will provide an unlocking code to Handsets supplied by us. Please note that failure to enter the correct unlocking code for your Handset may result in it becoming permanently blocked. Please note that Pay Monthly Customers will not be permitted to unlock their Lebara-supplied Handset (and accordingly will not be given an unlocking code) until expiration of the Minimum Term pursuant to clause 8 of the Pay Monthly Terms and Conditions. Pre Pay Customers are able to request the unlocking code at any time.
29. The maximum call length available on the Service is 23 hours, 59 minutes and 59 seconds.
30. At our discretion, we may refuse to provide any part of the Services to you. If you feel that your Services should not be barred, please contact the Lebara Customer Service on 0870 075 5588.

Customer’s obligations

31. For our Pre-Pay Service to you, you shall pay for such Services by purchasing Top Ups as described in the User Guide(s) or by any other method approved by us from time to time.
32. You shall give Lebara your correct and current personal details, including your name and current address. You shall also notify Lebara of any changes to your personal details without delay via our website, our Customer Services number, or by post.
33. You shall treat as confidential, and store in a safe place, all of your security information including your PIN or PUK codes and any other codes and passwords used to access the Services or to communicate with us. You shall not give access to your security information to anyone else. Lebara shall not be liable for any loss arising from your failure to keep such information secure.
34. You must inform us as soon as possible and within 14 days if your Lebara-supplied Handset is defective upon purchase, in which case we will arrange replacement in accordance with clauses 74 and 76.
35. You also agree that where your Handset and/or Lebara SIM Card is lost, stolen, damaged or destroyed, or used without your authority, we shall have no obligation to make a refund to you of the credits left on your Account until we have been notified of such circumstances. You shall co-operate with Lebara in our reasonable security and other checks to protect you, your information, other customers, us, our network and Services.
36. You are responsible for the acts and omissions of any and all persons using the Services and Products through your Lebara SIM Card. Without prejudice to any provision of the Agreement, you as our Customer agree that you:
    1. are wholly responsible for the content of the use of the Service, 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 your Account, SIM Card or Handset (including content which contains a virus or other harmful or unlawful material);
    2. will not reverse the charges on any telephone call or accept a reverse charged call. This applies even where you loan/give your Mobile Phone with the Lebara SIM Card to someone else;
    3. have no representation or warranty from us as to the quality, accuracy, correctness, completeness or suitability of any call content;
    4. will not attempt to, actually gain, permit or actively or inactively allow any third party to attempt to gain unauthorised access to the Services and/or Network;
    5. rely on, or use, any and all content at your sole risk;
    6. will not use or permit the use of the Services or the 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;
    7. will not use or permit any use of the Services or Products, so as to cause the operation of the Network or the quality of Services 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 the Services and/or the Network;
    8. will only use type-approved Handsets with the Network;
    9. will comply with the Agreement and any User Guide(s) governing your use of the Products and/or Services, and will remain solely responsible for the manner in which these are used;
    10. 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;
    11. 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 the Services and in relation to the investigation of any offences;
    12. will not incite, encourage or induce members of the public to make calls to a particular number simultaneously.
37. You will not exploit the Services commercially or to the detriment of Lebara. Enterprises affiliated with a Customer are considered third parties within the meaning of this clause. For the avoidance of any doubt this includes use of the Products and/or Services for the purposes of fraud, AIT or the operation of a GSM Gateway.
38. You will co-operate with all reasonable requests made by us relating to the provision of the Services to you.

Pricing

39. The current and binding Charges including Price Lists and Price Plans for Products and Services are published on our website at http://www.lebara.co.uk and on our mobile website at http://www.uk.lebara.mobi. Charges may be amended by Lebara from time to time.
40. Call Services and the related Charges are quoted and charged by the minute. Therefore the minimum call charge shall be for one minute at prevailing Charges, except for International Roaming Services within the European Union, which are charged by the second for incoming calls, and outgoing calls are charged for a minimum 30 seconds and per second after that.
41. If you continue to use the Services after an amendment to the Charges comes into effect, this shall be deemed to be your acceptance of the new Charges.
42. Where your Lebara SIM Card contains an initial credit and/or promotional credit, this will only be credited to your Account in accordance with the terms and conditions applicable to that offer.
43. In the event that you owe us any money and this is not paid when due, or a credit is made in error to your account, we reserve the right to recover this from any credit balance on your Account as held by us, or via subsequent credit added to it. We may charge you interest daily on the unpaid amount at the rate of 2% per annum above the base rate of Barclays Bank from time to time.
44. All Pre-Pay prices are inclusive of VAT unless otherwise stated. No separate VAT invoices or receipts shall be issued by us.

Exclusions and liability

45. Except as otherwise provided in this Agreement all conditions, warranties or other terms (whether express or implied by operation of law or otherwise) are hereby excluded to the extent permitted by law. You also 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.
46. If our supply  of the Services and Products is prevented or delayed by any act or omission caused by you or any third party, Lebara shall not be liable for any costs, Charges or losses sustained or incurred by you arising directly or indirectly from any such prevention or delay. In any event Lebara’s liability to you under this Agreement shall not exceed £100.00 in all circumstances.
47. We are not 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 any losses in relation to:
    1. the deletion, with or without notice or cause, of any of your data or information stored on the Products and/or Services;
    2. your use of, reliance upon or inability to use, our Products, Services and/or Content;
    3. any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or failure, suspension or withdrawal of all or part of the Products and/or Services at any time; or
    4. the removal from the Products and/or Services of any material sent or posted by you on or via the Services and/or the blocking or suspension of your access to the Services or any part thereof in accordance with the Agreement.
48. 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 you as a consumer (if applicable).

Your remedy

49. If you are not fully satisfied with any part of the Services, Products and/or this Agreement after it is amended, your sole and exclusive remedy is to discontinue Using the Services, or where you have paid us for any element of the Services and/or Products, to seek a pro-rata refund as outlined in the Agreement for the cost of that element which has caused dissatisfaction. You are not entitled to a refund where we have suspended or terminated your access to the Services or Products as a result of breach of the Agreement by you.

Intellectual property rights

50. Any and all names, trademarks, copyright, brands and logos of Lebara belong or are licensed to us as Intellectual Property (“IP”) and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy Lebara’s names, trademark, pictures, brands and logos, or copy any of Lebara’s manuals or documentation.
51. You may not copy any of the items incorporating the IP and supplied to you which incorporate the IP. If a Product is disconnected from the Services or if we change the IP, you must either destroy the SIM Card or return it to us, as requested by us. If it is not returned, you must pay for the SIM Card (or its replacement) at the price stated in the Price Plan at that time.
52. Lebara grants you as a Customer a revocable, non-transferable and non-exclusive right to use the IP related to the Products and Services provided by Lebara strictly for the proper use of the Services or Products, in accordance with, and for the duration of, the Agreement. Lebara or its licensors retain all the rights to all such IP. If you infringe the IP rights of third parties and Lebara is held liable, you shall hold harmless and indemnify Lebara in full against any such claims.

Data Protection

53. Your personal data includes, but is not limited to, the following information which is provided by you directly and via your use of the Products and Services: Any personal details supplied to Register for your Lebara SIM Card; Information supplied by you on activating your Lebara SIM Card; your Mobile number; the telephone numbers you call and send SMS and MMS to; the numbers from which you receive such calls and messages; network and traffic data including the type, date, time, location, duration and cost of calls, messages or other communications and information. We also have access to information obtained from third party sources, such as our suppliers, marketing organisations, and/or credit reference agencies. If you have special needs, we may process sensitive personal data about your health, where you have advised us about such special needs.
54. Please note that we shall always promptly comply with any valid notice under the relevant legislation requiring us to supply your personal data to public authorities.
55. Lebara may process your data and will do so with care and in compliance with the Data Protection Act 1998. The storing, processing and forwarding of personal data abroad may be subject to other legislation than that applicable in the United Kingdom. Your data may also be transferred outside of the EU: Lebara will ensure that any such transfer is protected as detailed herein.
56. The use of your information by us is also subject to our Privacy Policy in relation to keeping your information secure, how and why we transfer your information (whether within the Lebara group, affiliate companies and/or other carefully selected third parties) for the purposes of facilitating the provision of the Products and Services and/or for marketing purposes.
57. Your personal data may be used by Lebara, its group and affiliate companies or carefully selected third parties for the following general business-related purposes:
    1. Contacting you by SMS, email or other means from time to time in connection with the provision or promotion of services;
    2. Processing your applications and orders, and supplying and managing any Services and/or Products provided by us;
    3. Managing your account by responding to any of your enquiries and providing Customer Services;
    4. Monitoring and maintaining the quality and security of the Network; Products; and/or Services;
    5. Protecting us, our assets, including any IP rights and our brand, our employees and other customers from activities that might cause loss or damage including fraud, AIT and the operating of GSM Gateways; and/or
    6. Passing onto any third party assisting Lebara in running the Network and providing the Services, whether such use is direct or indirect.

58. We do not include your personal data in any directory or directory enquiry service whether managed by us or a third party, unless you agree to its inclusion. If you wish to have your personal data included in such services, you should contact our Lebara Mobile helpline on 5588 from your Lebara Mobile phone. We do not sell your personal details with any 3rd party
59. You may request copies of your personal data held by Lebara, including any call data that we hold, by making a data access request in writing or by e-mail. Provision of such information will be subject to a charge of £5 for e-mail responses and £10 for a hard-copy or postal response. Your call data records may be accessed free-of-charge through MyLebara.

Force Majeure

60. Where events, circumstances or activities outside of Lebara’s reasonable control result in any delay, interruption or failure to provide the Services to you, we are not liable to you. This includes but is not limited to: Network failure, failure of third party networks, service suspensions dictated by our Network supplier in order to carry out repairs, maintenance or updating, or where we are required by lawful authority to interrupt our Service, and where required by law or in order to protect you against any possible harm.

Pre-Pay termination

61. For Pre-Pay Services, you are entitled to terminate this Agreement at any time by informing Lebara Customer Services in writing.
62. If you do not use the Pre-Pay Services to make at least one chargeable event or outgoing call for a period of 84 days, this Agreement will be deemed to be terminated by you, and the Service will be disconnected.
63. Upon termination, your right to use the Lebara SIM Card and any number(s) associated with it also terminates.
64. We are entitled to terminate this Agreement for Pre-Pay Services subject to notice for due cause, or immediately where the Customer is in breach of its obligations under this Agreement, such as, but not limited to: where the Customer is suspected of involvement in fraud, operating a GSM Gateway, to generate AIT, or gross negligence.
65. If the Agreement is terminated under clause 62, in the 180 day period following your last chargeable call you may request that any call credit on your Account at the time of the termination is restored to your Account. Please note that you will not have the same mobile phone number as before.

Changes to this Agreement

66. We reserve the right to change any and all terms and conditions of the Agreement at any time without notice, where such changes are in favour of you as a Customer. The current terms and conditions are always available on our website.
67. Furthermore, we also reserve the right to make incidental changes to this Agreement where required to do so to comply with legal, regulatory or tax changes, for circumstances otherwise outside of Lebara’s control, or for minor changes incidental to the operation of the Agreement. Such changes can be made by us immediately and without any notice other than by publication on our website.
68. We reserve the right to make material changes to any and all terms and conditions of this Agreement (including the Price List and Price Plans) subject to 30 days’ notice. Such notice will be given by publication on our website at www.lebara.co.uk and by SMS. You may terminate the Agreement prior to the implementation of any such change. Should you continue to use the Product and/or Services after the entry into force of the new Agreement terms, the new terms and conditions of the Agreement are deemed accepted.

Governing Law and Dispute Resolution

69. This Agreement and the supply of the Products and Services is governed by the laws of England and Wales, and the English courts have exclusive jurisdiction in respect of any dispute arising out of the Agreement, unless we require a court order or injunction against you in another jurisdiction.
70. Where any dispute relates to our Code of Practice, you must first raise a dispute with us by contacting Customer Services first. If you are dissatisfied with our final dispute response, you may lodge a dispute with the Independent Dispute Resolution body for telecommunications, Otelo. The details of raising such a dispute may be found at www.otelo.co.uk.

Assignment

71. We are entitled to transfer this Agreement to another communications provider or person capable of providing equivalent Services to you at any time without notice to you.
72. For Pre-Pay Services, you may transfer the rights and obligations arising from this Agreement to third parties only by Registration of the new customer taking possession of the Products, and subject to the prior written consent of Lebara at our absolute discretion. In completing Registration with us, the new customer is deemed to have accepted the terms of this Agreement and all liabilities (e.g. debts) associated with the Services and Products in question.

No third party rights

73. No term of this Agreement is enforceable by any third party who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999.

Pre-Pay Handset returns and repairs

74. If you bought a Handset (whether from a Lebara Channel or from Lebara directly) you may return it, if you wish, to the point of purchase within 14 days of receipt.  In order to receive a full refund of the amount you paid, your Handset should be undamaged, in good working order, with the original packaging intact and all accessories and the Lebara SIM Card should be included. You agree to allow 3 to 5 working days for your refund to be arranged as the condition of the Handset must be confirmed prior to issuing the refund.  You may need to return to the point of purchase on a later date to collect your refund. Any Services, free or discounted Products, vouchers, coupons or any gift or inducement of any type received as a result of purchasing the Handset must also be returned. Lebara reserves the right to reject returns if any content is missing, the Handset is damaged, marked or is considered to be in poor condition. Lebara accepts no responsibility for customer details, contacts or content remaining on the Handset and cannot guarantee retrieval of memory cards.
75. Where you are returning a Handset within 14 days on the basis of it malfunctioning or having a defect, we reserve the right to arrange for the repair of your Handset or any accessories that are defective and validly sent to us, and to return them back to good working order. Alternately, we may replace them with a new or reconditioned Handset or accessories of the same manufacturer and model, or where the model has been discontinued or Lebara is unable to source it, replace it with a Handset model of the same value.
76. If your Handset develops any fault, appears defective or requires repair more than 14 days after you have purchased it, please contact the manufacturer directly.  Details of the manufacturer, their warranty terms and how to contact them can be found in the box containing your Handset.  The manufacturer's warranty lasts for 24 months from the date of purchase.  Please ensure that you retain your proof of purchase and/ or sales receipt as you will need this to make a claim under the manufacturer's warranty.
77. When returning Handsets to Lebara, please contact Customer Services for the correct return address. You are responsible for the Handset arriving safely and intact within 14 days, and we suggest sending it recorded delivery.  Please ensure the Handset is packaged properly, correctly addressed and the correct postage paid to ensure safe delivery.

Right to Cancel

78. You may cancel this Agreement within 14 days of receipt of your Products. You must return your unused Lebara Pre-Pay SIM Card or any other Products within 14 days. Please note the SIM Card must still be attached to the original SIM Card holder.  If we do not receive the Products by the required date, if they have been used, broken or if the Products returned are incomplete, then we reserve the right not to offer a refund.
79. You are responsible for both the SIM Card and any other Products until they are received by us and subject to satisfactory inspection by us.
80. Any and all returns of Lebara Products should be addressed and sent at your own expense to us. Please contact Customer Services for the address to which your returns should be sent. Please note that proof of sending does not mean proof of receipt by us and you may wish to send such items by recorded delivery for confirmation of receipt by us.
81. Refunds (where applicable) are to be credited to the Credit or Debit Card used for the original purchase after receipt of the returned Products.

Refunds

82. Where applicable, refunds for any Products are credited to the Debit or Credit Card originally used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow up to 30 days for the processing of any such refund.
83. This policy operates in addition to any other statutory rights you may have as a consumer.

Waiver

84. No failure or delay by Lebara in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege unless it is agreed in writing and signed by Lebara.

Severability

85. Should any provision or provisions of the Agreement be found to be or become invalid, illegal or unenforceable this shall not affect or impair the validity, legality or enforceability of any other provision of the Agreement provided that this does not materially prejudice Lebara’s respective rights and obligations under the Agreement.

Date: 01.08.2011