Terms and conditions
These general conditions shall determine Lycamobile’s and clients' rights and obligations in connection with the delivery of Lycamobile Services.
1.
Definitions
1.1
Acceptable Use Policy: the policy notified to Customer by Lycamobile (whether that policy is required by Lycamobile or any underlying Network operator enabling the Services) governing the acceptable use of the Services, which policy may be amended from time to time and which is available at www.lycamobile.dk.
1.2
Agreement: the agreement to provide the Service to the Customer by Lycamobile which is entered into when the Customer purchases and registers with Lycamobile. These general terms and conditions are an integral part of that Agreement.
1.3
Lycamobile Customer Service: the customer services department, which the Customer may contact for all questions regarding the Lycamobile Service, to be reached by calling either 3332 from your Lycamobile or +45 70 14 55 56 from another phone.
1.4
Lycamobile: Lycamobile Europe Ltd., 3rd Floor, Walbrook Building, 195 Marsh Wall, London E14 9SG.
1.5
Lycamobile Service or Service: the service through which the Customer uses the Network for direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.
1.6
Lycamobile SIM Card or SIM Card: a prepaid, pre-activated card containing a microprocessor enabling access to the Services.
1.7
Lycamobile Top-up Voucher: a multipurpose voucher (whether in physical or electronic form) containing a code enabling the Customer to redeem the face value against multiple products such as mobile telephony airtime.
1.8
Lycamobile Online top-up: a service that allows the customer to top-up its SIM card by purchasing on www.lycamobile.dk.
1.9
Lycamobile Automatic top-up: a service that allows the customer via MyLycamobile automatically top-up his SIM card when the speaking time available on the card falls below the minimum threshold, which is selected by the Customer. When this happens, top-up is done with the pre-selected amount automatically on the customer's credit card.
1.10
Network: the network for wireless telecommunication.
1.11
Products: Lycamobile SIM Card and Lycamobile multipurpose Vouchers or any other product offered by Lycamobile.
1.12
Roaming Services: these are mobile telephony services enabling the continued access to the Services by a Customer when travelling outside Denmark are which are provided over telecommunications systems of foreign networks outside of the Denmark and over which Lycamobile has no control. Roaming charges apply in the roaming network usually indicated by the absence of displaying Lycamobile network on the handset screen.
2.
Services, Liabilities and Number Porting
2.1
The customer can make use of the Services, providing a Lycamobile SIM card with its security code and phone number available to the Customer. If Only, it has an existing phone number with another provider and want to transfer this to Lycamobile, you must consult his current provider and ask for a number porting code. The customer must then contact Lycamobile Customer Service and ask for number porting. Porting Customer number will take approximately 30 days.
2.2
Lycamobile is obliged only to supply the means necessary to provide the proper operations of the Lycamobile Service within its control. In this regard Lycamobile will determine the technical means necessary to provide access to this Service within its control under optimal conditions.
2.3
Mobile telephony is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such, it can be interfered with by numerous external sources or by obstacles inherent in buildings, vegetation or terrain and as such Lycamobile cannot guarantee a perfect error free transmission (in terms of actual availability or quality of Service) in all locations at all times.
2.4
The services provided "as-is". Lycamobile makes no warranty with respect to the Service and does not guarantee that services are of satisfactory qual-quality, fitness for a particular purpose, adequate, reliable, accurate, complete, safe electrical clay flawless.
2.5
Network and Services may occasionally be unavailable due to upgrade in operations, modifications, maintenance or other work required in connection with Network or the Services. In such cases it is possible that the service is temporarily unavailable, but Lycamobile will endeavour to reduce these periods to a minimum. Lycamobile incur no liability in cases where services are not-accessible.
2.6
There hear a PIN (Personal Identification Number) and a PUK (Personal Unlocking Key) Lycamobile SIM. The instructions for use may be modified to take account of new technology and explained in the "user manual" for mobile phone. Customer must take all necessary precautions for PIN and PUK codes, including store them separately in safe places. Customer is responsible for any malicious or improper use resulting from intentional, accidental or inadvertent disclosure of these codes or transfer of Customer's SIM card to the other.
2.7
Although Lycamobile in every endeavour to ensure trouble-free operation without interruption, the Customer acknowledges that Lycamobile not responsible for any loss or inconvenience to the customer as a result of a supplier offenses including fraud and embezzlement and / or non-payment. In such cases, the Customer must contact the supplier and / or the retailer from whom the customer purchased the SIM and / or prepaid card and ask to have the money refunded.
2.8
Premium rated SMS and Premium rated calls are expressly excluded from the Services.
2.9
Calling rates using the Services are displayed on marketing posters, amended from time to time and/or on the website www.lycamobile.dk.
2.10
Lycamobile reserves the right to monitor and record communications using the Services. This may be done to improve the Services, to ensure compliance with Lycamobile policies, governmental, regulatory or enforcement agency requests, and to detect prevent criminal activity.
2.11
As a matter of policy Lycamobile will not intentionally disconnect any calls provided that there is credit available for the calls, however it may be possible that calls could get disconnected due to matters beyond Lycamobile's control, e.g. force majeure, carrier fault, technology fault or human error.
2.12
Customers are hereby informed of the inherent risk in the use of the mobile telephone while driving a motorised vehicle. Lycamobile cannot be held liable for damage resulting from an accident caused by the use of the mobile telephone while a motorised vehicle is being driven.
2.13
Customers are hereby informed of possible interference that a mobile telephone may cause in certain sensitive types of equipment such as medical appliances, aircraft etc. It is therefore essential that the instructions given by the persons with responsibility for such equipment be strictly complied with Lycamobile cannot be held liable for any damage resulting from a failure to comply with such instructions.
2.14
Lycamobile provides extra services to the extent possible. Available Services contained in an annex to the agreement. These general conditions apply to so-provide extra services.
2.15
Lycamobile reserves the right, in its absolute discretion (and without prior notice), to restrict or prevent access to certain websites and services over its Network, including Voice over Internet Protocol (‘VoIP’) services. When we decide to restrict or prevent access under this paragraph, you may receive a message stating that the website or service is “not available”.
3.
Roaming
3.1
Lycamobile offers roaming services to the extent that Lycamobile has signed an agreement on roaming with mobile networks in the country. It is only possible to make calls within the country where the customer is located, and to Demark. For information about which foreign network a customer can use, please contact Customer Service or Lycamobile website www.lycamobile.dk.
3.2
Payment for use of the foreign mobile provider’s network (roaming charges) is effected by reduction of the balance on the Client Lycamobile SIM. There is special thank-ester for calls outside Denmark.
3.3
Lycamobile cannot be held responsible for the coverage, quality, safety or accessibility similarity of the Services using such Roaming Services. Lycamobile cannot be held liable for such foreign mobile providers' use of customer data.
4.
The SIM Card
4.1
The Lycamobile SIM Card is used by inserting it into a compatible mobile telephone handset.
4.2
The Lycamobile SIM Card remains the exclusive property of Lycamobile. Customer must keep the SIM Card safe and not misuse the SIM Card in any way. Lycamobile will only replace a SIM Card where it is found to be defective by reason of faulty workmanship or design. Lycamobile may in its sole discretion charge for replacing a SIM Card where Lycamobile reasonably believes that the Customer has been responsible for the misuse, damage or loss of the original SIM Card. Lycamobile furthermore reserve the right to recall a Lycamobile SIM Card at any time. It is Customers responsibility to inform Lycamobile of any damage to the SIM Card purchased by Customer 4.3.
4.3
If Lycamobile SIM card has not been used for three months ("validity") for outgoing calls and text messages, the SIM card will be locked, and the Customer will no longer use the card.
4.4
If the Customer fails to Fill SIM card within one month validity period, the Customer will permanently lose his phone and Lycamobile SIM card will be blocked permanently from any further use. All unused credit is refundable up to 360 days. Lycamobile is then entitled to charge a handling fee.
4.5
From Aug. 5, 2014, all new top-up expire after 90 days after you have refuelled. To avoid doubt, this does not apply to the existing balance that is in your account on Aug. 5, 2014.
5.
Multipurpose Voucher
5.1
Customers pay for the use of the Services by topping-up their SIM Card account. Customers do this by purchasing Lycamobile multipurpose Vouchers and loading credit onto the SIM Card account.
5.2
Customers can top-up their Lycamobile SIM Card using a multipurpose Voucher at any time after registration including during any validity period.
5.3
If the top-up takes place before the end of a validity period or within one (1) month following the validity period, the credit unused at the time of the top-up will be added to the credit contained on the Lycamobile multipurpose Voucher.
5.4
Each time the Customer top ups his/her Lycamobile SIM Card during the validity period, the validity period shall be extended for a further three (3) months in line with the above conditions.
5.5
Where the Customer has used a Lycamobile multipurpose Voucher to top-up his/her credit for the use of a SIM Card, that credit can only be used for use with the Services and Customer shall not be entitled to receive any cash refund for any outstanding credit remaining on the Customer's account at any time, including where the Customer fails to use the Services during a validity period and the Agreement is terminated.
5.6
Customers pre-payments via Lycamobile multipurpose Vouchers are not repayable by Lycamobile nor is interest payable on any credit on a Customer account. Each time the Services are used by Customer (or someone else using a Customer's mobile telephone handset) the top-ups purchased will be reduced according to the tariff charges relating to that particular communication.
5.7
Lycamobile reserves the right to offer the Lycamobile multipurpose Voucher as a multipurpose voucher that can be redeemed for multiple services (if any) including airtime for the Lycamobile mobile Service.
5.8
From 5 August 2014 any new top up credit shall expire ninety [90] days from the date of top-up or recharge. For the avoidance of doubt, this does not apply to the existing credit balance in your Account before 5 August 2014.
6.
Modification
6.1
Where required by operating conditions or the organisation of the Service, Lycamobile may modify the technical characteristics of its Services. Customers will not be entitled to compensation for any replacement or modification of mobile telephone handsets made necessary by a change in the Network affecting the Services.
7.
Interruption of Service and Agreement Termination
7.1
Lycamobile is eligible for full or in part, without notice to interrupt the Customer's connection to the Service, if Customer fails to fulfil its obligations under the agreement or fails to comply with requirements of fair use, including Rules for Acceptable use.
7.2
The customer is not entitled to compensation as a result of such failure. The suspension will be lifted when Lycamobile determines that the Customer has fulfilled its obligations. The customer must bear the costs of interruption and termination thereof. Interruption of service does not relieve the customer from its obligations under the Agreement.
7.3
If Lycamobile, 14 days after sending written notice to Customer of the defect, the performance of Customer's obligations, concludes that the customer still has not fulfilled its obligations, Lycamobile is entitled to terminate the agreement under which all customer claims against Lycamobile lapse. All unused credit is refundable up to 360 days. Lycamobile is then entitled to charge a handling fee.
8.
Customer responsibilities
8.1
Customer shall not use the Services for the following activities:
  • Any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature;
  • Causing, nor knowingly allow others to cause, any nuisance annoyance or inconvenience whether to Lycamobile or to any of Lycamobile's Customers or other persons, which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;
  • For the purpose of causing harm, damage or impairing the operation of the Network over which the Services are provided; and
  • The storing or dissemination of information which does not belong to the Customer and which can be held to infringe the rights of a third party including another person's copyright or other intellectual property rights (unless with the prior consent of such third party).
8.2
Customer may need to register with Lycamobile when buying Lycamobile SIM card and in doing so may be necessary for the Customer provide personal information including name, address, date of birth, email address, credit card information, etc.. Only, it is known that it is an offense to give false information. If Lycamobile determines that the submitted data are incorrect, Lycamobile entitled to up-terminate the Agreement without liability to the Customer.
8.3
The customer is obliged to keep Lycamobile informed of any changes in the customer's personal data and to ensure that Lycamobiles records are updated.
9.
Data protection and customer data
9.1
Lycamobile can continuously treat customer data, including information on the Customer's use of the Service. Lycamobiles treatment of such personal data can happen for a variety of purposes, including:
  • delivery and administration of the services used by the customer, including customer service;
  • for the maintenance of accounts and payment purposes; and
  • information and marketing purposes; all within the framework of the relationship with the Customer and in order to initiate information or advertising campaigns connected with the Products or Services provided by Lycamobile.
9.2
Lycamobile can process traffic and location data related to the provision of a service that requires the use of traffic and location data to the application-see, as is necessary in order to enable the transmission of communications or invoicing, including applying for marketing of electronic communications services. Lycamobile will store such data as long as this is necessary for the specific purpose. Under the legislation has Lycamobile right to retain such data for up to five years. Only Lycamobile or persons acting on behalf Lycamobiles will use such data.
9.3
To Lycamobile to fulfil its obligations under the Agreement and / or deliver products and services to the customer, it may be necessary to Lycamobile know register Customer's personal information to other Network operators and companies in Lycamobile group and external companies that use information on Lycamobiles behalf. Customer's personal information may be disclosed to countries that do not provide the same protection as the European Union if this is necessary for the provision of the Services.
9.4
Lycamobile use and process customer personal data in accordance with the Data Protection Directive (European Parliament and Council Directive 95/46 / EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data) with any tendon re changes and to the extent that this is applicable in Denmark.
9.5
If the Customer requests to access the personal data that Lycamobile examine whether he should Lycamobile subject to any exceptions in the law looks to send a copy of the personal data to Customer on a smaller management fee. The customer is entitled to request that inaccurate information be corrected, or that personal data is erased. This can affect Lycamobile opportunity to provide the Services.
9.6
Lycamobile has taken the necessary technical and organizational security measures-measures against the Customer's personal data against accidental or unlawful destruction, to-dropped or reduced, and against that unauthorized disclosure.
9.7
By registering with Lycamobile, Customer consents to Lycamobile transferring his/her personal information to countries which do not provide the same level of data protection as the United Kingdom if necessary for providing the Services.
9.8
Lycamobile is, provided the customer has consented thereto, entitled to contact customer per. letter, telephone, e-mail or SMS to inform the customer about products, services or promotions that might be in the Client's interest. Customers who do not wish to receive such information for marketing campaigns Lycamobiles products or who do not wish to be contacted directly by Lycamobile marketing purposes, may at any time and completely free consult Lycamobile to go on a list of people who do not wish to receive such connections. The customer can send the request to unsubscribe@Lycamobile.dk or contact Customer Service Lycamobile.
10.
Data protection and customer data
10.1
Subject to any limitations in the legislation can Lycamobile no liability for Lycamobile SIM Lycamobile top-up Facilities or re-provision of the Services.
10.2
Lycamobile is not responsible for loss or damages it incurred as a result of calls or text messages sent or received by the Customer.
10.3
Lycamobile is not liable for losses incurred as a result of intervention by third parties, including from governmental, regulatory or governmental authorities.
10.4
Lycamobile can under no circumstances be held liable for any indirect or intangible damage, including extra costs, loss of revenue, profits, customers and contracts, loss or corruption of data.
10.5
Subject to any limitations in the law, Lycamobile not acceptable response in the event of loss, theft or Customer's improper or incorrect use of Lycamobile SIM. Lycamobile is not required to reimburse money spent by Only-on or third parties if the customer has no control over the SIM card and failed to provide Lycamobile informed that he / she has no control over the SIM card, like Lycamobile not responsible for the consequences of use of services linked to Lycamobile SIM.
10.6
If the Customer suffers damage due to errors in network or errors in the delivery of the Service, Lycamobile only liable in the event of direct damage, customer may have suffered as a result of:
  • death or personal injury
  • gross negligence
10.7
Lycamobile's liability to a Customer shall be limited to total maximum aggregate amount (including legal costs and other expenses) of ten thousand Danish Krona (DKK 10,000) per claim or series of related claims.
10.8
If a customer suffers damage or loss, the customer must give Lycamobile written notice as soon as possible and no later than four (4) weeks after the injury is discovered. If Lycamobile not receive notice of a claim within this time limit shall receive no compensation. This time limit does not apply to Customers who manages to keep reasonable evidence that he / she could not reasonably be expected to give Lycamobile notice within the prescribed time limit.
10.9
Lycamobile is not responsible for fulfilling any obligations or provide service deadlines in cases of force majeure, ie factors Lycamobile's control, including, but not limited to, natural disasters, industrial disputes, third party default or neglect, war, government intervention or action or decision made or taken by a competent court.
11.
Customer responsibilities
11.1
Customer is responsible for any damage caused to Lycamobile or third parties arising from any person's use or misuse of the Customer Lycamobile SIM card or top –up facilities on any mobile phone and customer must compensate Lycamobile for any damage caused, including minor errors.
11.2
In case of loss or theft of a Lycamobile SIM Card Customer must immediately inform the tea loss or theft of Lycamobile and prevent other people using the SIM card. Customer is solely responsible for the SIM card and is subject to any limitations in law not entitled to claim compensation for losses from Lycamobile electric clay theft of the SIM card.
12.
Modifications
12.1
It may occasionally be necessary to Lycamobile make changes to the Agreement including pricing and billing terms. The customer will be notified of such changes, a month before they take effect. The customer is entitled to terminate the agreement with 14 days’ notice before the expiry of this period of validity as from the date when the change takes effect. Such changes will subsequently appear in Lycamobiles website once they are in force. Changes in favour of the customer can be implemented without notice. If the Customer continues to use the Services after any such changes shall be considered as consent to such changes.
12.2
Lycamobile confirms to have done its best to ensure the accuracy of the information contained therein, but assumes no responsibility for errors, omissions or misunderstandings that may arise.
12.3
Lycamobile is entitled to transfer all rights and obligations under these General Conditions to third parties.
12.4
Lycamobile can send messages to the customer on his cell phone through SMS or email. If Lycamobile want to send such messages will Lycamobile use the contact information Client to Lycamobile. It is important that the Customer immediately inform Lycamobile if there is a change of such data solutions.
13.
Complaints, disputes and applicable law
13.1
Complaints and disputes between the Customer and Lycamobile for the provision of services must first be submitted to Lycamobiles customer service using the contact information above. If the customer is of the opinion that the problem is not yet resolved, customer requested to send a written complaint to our address, attn. Lycamobile Customer Service. Lycamobile will treat such complaints as soon as possible.
13.2
Lycamobiles ruling on an appeal may be brought before the Telecommunications Board through the website www.teleanke.dk.
13.3
Lycamobile or Customer's failure to enforce any rights under this Agreement shall not prevent Lycamobile or Customer (appropriate) to take further legal steps.
13.4
This Agreement is governed by Danish law and the Danish courts have exclusive jurisdiction.

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