General Terms and Conditions of Lebara Mobile
General Terms and Conditions of Lebara Mobile
- Scope of validity and Commencement
These general terms and conditions including the pricing and any wording contained on marketing materials and packaging including operating manual apply to all prepaid telecommunication services (the “Services”) and to the purchase of mobile phone handsets and SIM Card (the “Products”) hereafter together referred to as the “Agreement”. The Products are provided by Lebara Mobile Limited with a registered office at 100 Leman Street, London E1 8EU, UK. The Agreement shall remain valid and active until terminated in accordance with the terms and conditions herein. Any natural person, legal entity or partnership, who uses the Services (when your account is first activated) will be deemed to have accepted this Agreement and will be referred to as a customer (hereinafter “Customer”) of Lebara Mobile Limited. The Agreement shall apply to all Services rendered by Lebara Mobile – whether for a fee or free of charge. The currently valid and binding version of the Agreement shall be published on the Internet at www.lebara-mobile.co.uk
2 Products and Services provided by Lebara Mobile
2.1 Lebara Mobile shall exercise such reasonable skill and care in the provision of the Services as may be expected of a reasonably competent mobile virtual telecommunications network operator.
2.2 Lebara Mobile will aim to provide the Services using the Network which is a combination of the Lebara Mobile’s network and that of a UK mobile network work operator (the “Network”).You acknowledge that this agreement is subject to Network service levels and roaming agreements that currently exist between the mobile phone networks and that these are outside of the control of Lebara Mobile.
2.3 Lebara Mobile does not represent or warrant that the operation of the Services or related Lebara Mobile products or Services (including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet the Customer’s specific requirements.
2.4 The quality and the availability of the Services or related Lebara Mobile Products and Services is subject to certain limitations, including the proximity of base stations and circumstances beyond Lebara Mobile’s reasonable control including, but not limited to, geographic and atmospheric conditions and the functional capability of Customer Product. The maintenance of the Network varies depending on location. The quality and coverage of the Services depends partly on the Products, partly on the Network and partly on other telecommunications networks or services to which the Network is connected. The Services might be adversely affected by too many people trying to use the Network at the same time, physical features (such as buildings and underpasses) and by atmospheric conditions or other causes of interference. In particular Lebara Mobile does not warrant that calls will not be dropped, GPRS connections will not be lost, transmission of data calls shall occur at any particular speed or time or that all traffic (including certain capacities can or will be transmitted by the Network or there will be absolute protection of its Network against unauthorised access or interception.
2.5 The Services supplied under this Agreement shall continue to be supplied for 80 days following your last use of the Services provided that you have sufficient call credit except in the event that this agreement is terminated earlier in accordance with clauses 10. At the end of such period the Services will cease to be available to you regardless as to how much, if any, unused call credit you have remaining on your account.
2.6 If the provision of the Services and Products is prevented or delayed by any act or omission caused by you, Lebara Mobile 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.
2.7 Lebara Mobile 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, scope of, or the charges for the Services and Products.
2.8 Lebara Mobile may modify or suspend the Services wholly or partially, with or without notice, if such notice is deemed necessary by Lebara Mobile (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.
2.9 If applicable, we will use reasonable efforts to enable you to obtain access to networks when you travel to other countries. We call this “roaming”. You should bear in mind that overseas networks may also be limited in quality and coverage and that we have no control over them. Access to overseas networks will depend upon the arrangements between the foreign operators. We cannot therefore offer you any guarantee about roaming services. If you use Services from a country outside the UK your use of the Services may be subject to different laws and regulations that apply in that country. Lebara Mobile is not liable for your failure to comply with those laws or regulations. You don’t have to pay for receiving calls except when you roam on a foreign network. You will pay for the international leg of the calls that you receive while abroad.
2.10 Lebara Mobile reserves the right, without prejudice to any other provisions of this Agreement, to 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 valid reason Lebara Mobile deems sufficient.
2.11 Lebara Mobile reserves the right to bar certain numbers from the Services, to bar roaming or disconnect the Services and SIM Cards on a temporary or permanent basis if there are reasonable grounds to suspect fraudulent activity or where Lebara Mobile would suffer direct loss.
2.12 Usage of the Lebara Mobile SIM Card and Service is limited to fair and reasonable usage. Our Services and tariffs assume fair usage of the Service by you. In the event of fair usage not being sustained on your account, Lebara Mobile reserves the right to review the rates and tariffs applied to your account or to terminate the Services and in this event, such termination shall be deemed to have been made by you.
2.13 Lebara Mobile may have to alter the number of your mobile phone, or any other name, code or number associated with the Services.
2.14 The Customer may not make certain types of calls using the Products and Services. Please refer to Lebara Mobile’s Customer handbook and/or Lebara Mobile’s website www.lebara-mobile.co.uk for details. Special Rate Services are not available unless requested through the Lebara Mobile Customer Service.
2.15 All incoming voice calls which are not answered or which are received when the product is busy, switched off or out of coverage will be automatically diverted to the Lebara Mobile voicemail Services (provided the Customer has activated it) and this functionality may not be altered. In the interest of other users, we must limit the number and duration of the messages that can be left on your voicemail service. Please note that confidentiality of messages cannot be guaranteed. You must not (nor allow others) to record any abusive, obscene or hoax messages likely to cause offence.
2.16 Lebara Mobile shall always display the Customer’s telephone number to such persons.
2.17 A standard text message is 160 characters long, but sometimes handsets let you send longer ones. In that case, the message will be divided up into the number of text required to convey the message. Each one of these will be charged at the standard rate. Receiving text messages from another mobile whilst in the UK is free. Premium rate, international, text messages sent and received whilst abroad, reverse charged, sending text messages to a non-UK based phone and long text messages are not included in the standard rates so additional charges may apply. The cost for sending a text message is deducted from your top-up credit shortly after it’s sent. Delivery cannot always be guaranteed.
2.18 Using Lebara Mobile 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, send a message containing a picture and a video clip you are charged the video message price. Messages sent whilst abroad, premium rate and reverse charged messages are not included in the standard rate so additional charges may apply. Please note that not all handsets can send and receive MMS.
2.19 If we have provided you with your mobile handset, your mobile handset is likely to be locked to the Network You must not insert another operator’s SIM Card into the Mobile without an unlocking code (which is not your PIN code). We will on request provide an unlocking code for a fee at our discretion. Failure to enter the correct unlocking code may result in your Mobile becoming permanently blocked. Contact the Lebara Mobile customer care helpline for further information on the qualifying period, applicable conditions and charges. This clause does not apply if you purchased a SIM Card only pack and, at the time of purchase of the SIM Card, you are connected to a network other than the Network.
2.20 If you bought a Lebara Mobile handset, you may return at your own cost the handset to the same point of purchase within 14 days of receipt in order to receive a full refund of the amount you paid for the phone, provided the Lebara Mobile handset is undamaged, in good working order, the original packaging is present including all accessories and SIM Card. Any Services, free or discounted Products, vouchers, coupons or any gift or inducement of any type received as a result of purchasing the phone must be returned. Lebara reserves the right to reject returns if any content is missing, the Product is damages or marked, or is considered to be in poor condition.
2.21 If your Lebara handset, SIM Card or accessories develop a fault or need a repair as a result of them being defective within 6 months of the original purchase date, then please contact the Lebara Customer service on 087 0075 5588 who will help or arrange for your phone or accessories to be repaired or replaced under the terms of the manufacturers warranty. If the manufacturers warranty, as set out in the warranty information which accompanies the handset has an extended warranty beyond this 12 month period, then please contact the manufacturer under the terms of their warranty during this extended period. Lebara Mobile reserves the right to repair your phone or accessories back to good working order or to 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 Mobile is unable to source it, replace it with a model with substantially the same features and functionality. Please note that it may take between 14 to 28 days (or on occasion longer) for Lebara Mobile to do this. All Products returned to the Customer will be subject to a per unit delivery charge (currently £10 such charge may be amended from time to time by Lebara Mobile) Lebara Mobile reserves the right to charge an administration fee for any items that are returned as faulty under the warranty that prove not be faulty.
2.22 You must not reverse the charges on any telephone call or accept a reverse charged call. This applies if you loan/give your mobile to someone else.
2.23 The maximum call length is 23 hours, 59 minutes and 59 seconds.
2.24 At our discretion we can refuse to provide any part of the Services to you. If you feel that your Mobile should not be barred, please contact the Lebara Mobile customer service on 087 0075 5588.
3 Customer's obligations
3.1 The Customer is advised to keep Lebara Mobile continuously informed of its current personal data such as name and address and to notify Lebara Mobile of any changes in this respect without delay online or by post.
3.2 The Customer shall treat as confidential all contractual data such as his PIN code or PUK code as well as any other codes and passwords and in particular shall store such data in a safe place and is not to provide access to anybody. In the event of failure to comply with such safety regulations, the Customer shall be liable for any and all damage arising therefrom. The Customer shall inform Lebara Mobile as soon as possible if your phone and SIM Card (Products) is lost, stolen, damaged, or destroyed or likely to be used in an unauthorised manner and to co-operate with Lebara Mobile in our reasonable security and other checks. The Customer further agrees that if the mobile phone and/or 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.
3.3 The Customer is responsible for the acts and omissions of all persons using the Services and the Customer’s Product. Without prejudice to any provision of this Agreement, the Customer agrees:
3.3.1 it is wholly responsible for the content of your use of the Service and Lebara Mobile shall not be responsible or liable for any call content sent or received by the Customer (including content which contains a virus or other harmful or unlawful material). Lebara Mobile makes no representation and gives no warranty as to the quality, accuracy, correctness, completeness or suitability of any call content. The Customer’s reliance on or use of call content is at its sole risk.
3.3.2 not attempt to gain or permit or allow actively or inactively to permit any third party to attempt to gain, unauthorised access to the Service or to use the Service to access the internet.
3.3.3 not to use or permit the use of the Services or the Product for any improper, indecent, immoral, obscene, unlawful, harassing, harmful, unauthorised, defamatory, offensive or fraudulent purpose or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person;
3.3.4 not to use or permit the use of the Services or the Product, 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 (not to misuse and/or abuse the Services and/or the Network;
3.3.5 to only use type-approved Product with the Network, to comply with these terms and conditions, all laws, regulations and user guides governing its use and to remain solely responsible for the manner in which the Product and/or Services is used;
3.3.6 to comply with the terms of any legislation or any licence applicable to the Customer or Lebara Mobile; When using the Services of Lebara Mobile the Customer is obliged to observe this Agreement, any and all other contractual provisions as well as the legal regulations. These Services must in particular not be abused for criminal activities.
3.3.7 to comply with all reasonable instructions or requests of Lebara Mobile or an authorised authority and/or any other telecommunications operator, in particular as to the manner of using the Services and in relation to the investigation of any offences;
3.3.8 not to incite, encourage or induce members of the public to call a particular number SIM Card simultaneously where this may adversely affect the Services;
3.4 The Customer agrees to observe and comply in every respect with the terms of the Agreement and all relevant codes of practice on number portability as may be issued from time to time by the Government or Regulator or other competent authority.
3.5 Services must not be exploited commercially to the detriment of Lebara Mobile or any third party reselling may only occur upon the prior written consent of Lebara Mobile. Enterprises, which are affiliated with a Customer are also considered third parties within the meaning of this clause.
3.6 You will co-operate with Lebara Mobile in all matters relating to the provision of the Services.
3.7 You will be solely responsible for providing the Product necessary to access the Services, including but not limited to Mobile Handsets.
4 Prices
4.1 The current up-to-date binding prices are published at all times on the Internet at
www.lebara-mobile.co.uk. The pricing is inclusive of VAT. If the Lebara Mobile SIM Card contains an initial credit and/or promotional credit that will be credited to the Customer’s account in accordance with the terms and conditions applicable to that offer.
4.2 The Products are provided by Lebara Mobile. The credit vouchers (Services) are issued by Lebara Limited and redeemed by Lebara Mobile Limited.
4.3 You pre-pay for the Services by topping up your account with us. You do this by
purchasing Top-Ups as set out in the rules relating to the Lebara Mobile tariffs and Services at www.lebara-mobile.co.uk Your pre-payments for Top-Ups are not repayable by us nor is interest payable on any credit you have with us. Each time the Services are used by you (or someone else using your Mobile), the Top-Ups you have purchased are reduced, by reference to the relevant tariffs in the Lebara Mobile tariffs. Please be aware that the internet or electronic top-up is not always secure so be careful when using it. For the avoidance of doubt any physical Top-Up voucher shall expire by the date stated on the voucher.
4.4 Except in the case of an obvious error, our records determine how much your account is topped up and the rate of use of the Services.
4.5 The call charges for International calls are stated and charged per minute and will be rounded up to the next whole minute. Therefore the minimum call charge shall be for one minute at prevailing rates.
4.6 The call charges for National Mobile and Landline calls are stated and charged per minute and will be rounded up to the next whole minute. Therefore the minimum call charge shall be for one minute at prevailing rates.
4.7 The Customer will be given due notice of price increases for Services of Lebara
Mobile, which can be implemented at any time and can be effective from any date. If the Customer continues to use the Services after the entry into force of changes in prices, the new prices will be considered as accepted. Tariffs for roaming and prices for value-added services, special services and short numbers may be amended at any time.
4.8 Please insure your Mobile Product for its replacement value (including cover against calls made if it is lost or stolen). If your SIM Card is stolen, damaged, destroyed or lost, we have no obligation to give you any refund for any Services that you have paid in advance or for the cost of the SIM CARD. Please contact us immediately so that we can prevent further calls being made using it.
4.9 If you owe us any money and this is not paid when it should have been paid, we
may recover this from any credit balance on your Top-UP account held by us. 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.
Voice and text packs (Bundles)
4.10 Please see the Lebara Mobile Website (www.lebara-mobile.co.uk) for the most up to date bundle offerings (if any).
4.11 You can set all standard calls (Lebara Mobiles, other UK mobiles or landlines with a geographic STC code) made within the United Kingdom (excluding Isle of Man and the Channel Islands) against your voice pack minutes. We charge each call by the minute and round it up to the next minute. If your call is part of your voice pack, there are no minimum call charges. Only standard texts can be set against your text pack.
4.12 Each pack runs for 30 days or until you have used your minutes or messages, whichever is first. Any unused minutes and messages at the end of the 30 day period will be lost. If you buy more than one of each pack at the same time they will run one after the other such that the second pack starts as soon as the first pack is finished. You can have up to two packs of each type (voice or text) on a single account at a time.
5 Intellectual property rights
5.1 The title and goodwill attaching to the names, trademarks, copyright, brands and logos of Lebara Mobile shall remain vested in Lebara Mobile at all times.
5.2 The Distributor shall not copy Lebara Mobile’s names, trademark, pictures, brands and logos, nor copy any of Lebara Mobile’s manuals or documentation, without Lebara Mobile’s prior written consent.
5.3 The intellectual property in the SIM Card, Products and Services (including the software) (“IRP”) does not
belong to you and is supplied to you, under licence, by us for proper use of the Services only. You may not copy any of the IPR. If Mobile Product is disconnected from the Services or if we change the IPR you must either destroy the SIM Card or return it to us, as we may request. If it is not returned, on request of us, you must pay for the SIM Card (or its replacement) at the price sated in the price plan at that time.
5.4 For the duration of the contractual relationship, Lebara Mobile grants the Customer a non-transferable and non-exclusive right to use the Services and Products provided by Lebara Mobile in accordance with this Agreement. Lebara Mobile or the licensor fully retains the rights to all corresponding intellectual property rights. If a Customer, in connection with this, infringes licensing rights of third parties and Lebara Mobile is held liable therefore, the Customer shall hold and indemnify Lebara Mobile harmless against any such claims.
6 Data protection
6.1 For the purpose of this Clause 6, Personal Data shall include the following:
6.1.1 All information provided by you on activating your Mobile/SIM Card; as part of your use of the Services; and/or should you choose to register your use of Mobile number with us.
6.1.2 Call, network and traffic information generated by your use of the Service covered by these terms and conditions or your use of Products, services and content accessed via or facilitated by your use of the Products, Services covered by these terms and conditions, including but not limited to your Mobile number, the numbers you call, the type, date, time, location, duration and cost of calls, messages or other communications.
6.1.3 Information obtained from third party sources such as our suppliers, marketing organisations or credit reference agencies.
6.1.4 If you have special needs, we may process sensitive personal data about your health, where you have advised us about those special needs.
6.2 Lebara Mobile undertakes to process Customer data with care and to comply with the provisions of the Data Protection Act and for transfers to Lebara group, affiliate companies or other carefully selected third parties, we are subject to Lebara Mobile policies on data protection and security. Attention is invited to the fact that the storing, processing and forwarding of personal data abroad may be subject to other laws than those applicable in United Kingdom.
6.3 Lebara Mobile may contact the Customer by SMS, email or any other means from time to time in connection with the provision of the Services.
6.4 Your personal data may be used by Lebara Mobile, its group and affiliate companies or carefully selected third parties for the following general business-related purposes:-
6.4.1 Passed onto any third party assisting Lebara Mobile in running the Network and to assist them in running the network and providing the Services, whether that use is direct or indirect.
6.4.2 Account management such as charging enquiries, and to provide customer care activities (including answering your queries)
6.4.3 Processing your applications and orders, and to supply and manage any services or products which we provide.
6.4.4 Monitor and maintain the quality and security of the Network, Products and Services.
6.4.5 Protect us, our assets, including any intellectual property rights and our brand, our employees and customers from activities that might cause loss or damage.
6.4.6 Comply with any legal, governmental or regulatory requirement imposed on us or in connection with legal proceedings, including in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer.
6.4.7 Analyse for the purposes of understanding our customers’ use of products and Services, individual needs and business trends in order to develop and improve our and our group companies’ products and services, new developments, tariffs, special offers, discounts and awards.
6.4.8 Activities connected with the running of our business such as personnel training, testing and maintenance of our IT systems.
6.4.9 In connection with the processing of personal data, which is necessary for the conclusion or the execution of a contract, Lebara Mobile may exchange data with or transfer data to authorities or enterprises, which deal with fraud, legal interception, debt collection or credit information
6.4.10 to send you marketing messages about our existing, improved or new products and Services, special offers, promotions, discounts, competitions and awards by post, telephone and other electronic messaging services such as SMS, MMS or video.
6.4.11 to carry out customer care surveys.
6.4.12 For carefully selected third parties to undertake some of the marketing and customer service responsibilities on our behalf. Therefore, by using your Mobile you consent to your personal data being shared with these third parties.
6.5 We may also contact you about the Products and services of carefully selected third parties, which we believe may also be of interest to you without passing control of your personal data to the third party concerned.
6.6 If you do not wish to receive these marketing messages from Lebara Mobile or wish to change any previously stated preferences, you can notify us by:
6.6.1 Sending email to care@lebara-mobile.co.uk telling us for example “stop Lebara Mobile SMS”, or
6.6.2 Calling the Lebara Mobile customer care helpline on 0870 075 5588 or
6.6.3 Write to Lebara Mobile Mobile, Data Protection, 100 Leman Street, London E1 8EU, UK
For Services provided by third parties; in the case of Services provided by external parties, Lebara Mobile cannot guarantee that such “stop” messages sent in response to those messages will not be chargeable and should be assumed as attracting a charge.
6.7 If you wish to use our product or Services abroad, for example if you wish to roam on a network abroad, it may be necessary to transfer your information outside of the European Union to that country.
6.8 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.
7 Liability of Lebara Mobile and Indemnity of Customer
7.1 Nothing herein shall limit Lebara Mobile’s liability for death or personal injury caused by our negligence, or for fraudulent representation.
7.2 Lebara Mobile and Lebara Limited will not be liable in contract, tort (including negligence) or otherwise for direct or indirect losses, damages, inconvenience or expense arising under or in connection with this Services and your use of it, loss of revenue, loss of use, lost business or missed opportunities or for any loss or damage that is indirect and/or was not reasonably foreseeable at the time these terms and conditions were entered into.
7.3 Lebara Mobile’s and Lebara Limited’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arsing in connection with the provisions of the Services and/or this Agreement shall be limited to the price paid for the Services and in not event shall exceed £100 in any period of 12 months.
7.4 Lebara Mobile shall in no event be liable for any fraud, negligence or misrepresentation by the Customer.
7.5 Lebara Mobile shall have no liability for the acts or omissions of other telecommunication operators.
7.6 If you are a consumer, the terms of the agreement between us shall not be affected by any rights which you may have under any law and which cannot be excluded by Agreement.
7.7 The Customer shall at all times indemnify and hold Lebara Mobile and Lebara Limited harmless from and against claims for loss, damage, costs and expenses howsoever arising (directly or indirectly) resulting from the Customer’s breach of any provision of these Agreement, use of Services and/or any unauthorised or illegal acts or omissions of the Customer.
8 Force Majeure
Lebara Mobile shall not be liable to you or be deemed to be in breach of this agreement by reason of any delay in providing, or any failure to provide any of Lebara Mobile’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Lebara Mobile’s reasonable control. This includes but is not limited to: network failure, services suspension dictated by the network provider in order to carry our repairs, maintenance or updating, where required by law or in order to protect you against any possible harm.
9 Suspension and Disconnection
We may suspend the services in whole or part at any time without notice if we have good reason to believe you haven’t complied with one or more of the terms and conditions of this Agreement. Lebara Mobile has the right to suspend any or all Services and to terminate the corresponding contract(s) with the Customer without notice. This particularly applies, in cases of abuse of the Services, in the event that facilities and Network of Lebara Mobile is being put at risk. In such cases, in lieu of terminating, Lebara Mobile may choose to block the Services. In case of blocking or termination of a contract, the Customer is fully liable for any and all damages.
We shall investigate all complaints made whether by or against you and reserve the right to suspend the Services if a compliant has been made against you pending the results of investigation of the complaint. The contract is considered as cancelled when the Services is blocked (e.g. deactivation, porting of number etc.)
10 Termination
If you do not use the Services for a period of 80 days, then this agreement will terminate automatically and shall be deemed terminated by you. Non usage shall mean that you shall have not made an outgoing call (i.e. a chargeable event) for a continuous period of 80 days.
You shall be entitled to terminate this agreement at any time by informing Lebara Mobile. Upon termination for whatever reason, Lebara Mobile is under no obligation to refund you any call credit that is on your phone at the date of termination.
Lebara Mobile shall be entitled to terminate this Agreement immediately where the Customer is in breach of its obligations under this Agreement or in the event of Lebara Mobile being unable to provide the Services or where the Customer is suspected of involvement in fraud and gross negligence.
The right to immediately terminate the contract for due cause remains reserved by Lebara Mobile.
11 Changes to the Agreement
Lebara Mobile reserves the right to change the terms and conditions of the Agreement and any other applicable contractual provisions (including pricing) between Lebara Mobile and the Customer at any time. The most up to date Agreement shall be available on www.lebara-mobile.co.uk Should the Customer continue to use the Services after the entry into force of the new Agreement, the new terms and conditions of the Agreement will be considered as accepted.
12 Place of jurisdiction and applicable law
This Agreement and the supply of the Services will be subject to the laws of England, and the English courts will have exclusive jurisdiction in respect of any dispute arising from the Agreement. Nothing in this Agreement shall affect your statutory rights.
13 Assignment
13.1 The Customer is permitted to transfer rights and obligations arising from this contract to third parties only with the prior written consent of Lebara Mobile, such consent not to be unreasonably withheld. In registering with us, the new customer is deemed to have accepted these terms and conditions of service and all liabilities (e.g. debt) associated with that SIM Card.
13.2 Lebara Mobile is entitled to transfer this contract without the consent of the Customer at any time.
14 Miscellaneous
14.1 The Parties agree that no term of this Agreement is enforceable by any third Party (a person who is not a party to this Agreement) under the Agreements (Rights of Third Parties) Act 1999.
14. 2 No failure or delay on the part of any Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof unless it is agreed in writing and signed by both Parties hereto.
14.3 A finding that any provision of this Agreement is, or has become, invalid, illegal or unenforceable in any respect under applicable law shall not affect or impair the validity, legality or enforceability of any other provisions of this Agreement provided that this does not materially prejudice either Party in their respective rights and obligations of this Agreement.
14.4 In the event of a conflict between the terms and conditions of this Agreement and any advertising materials, these terms and conditions shall take precedence.
Prepaid Terms and Conditions Version 1.0 Valid from October 2007
SIM cards
If you decide you do not want your Lebara Mobile SIM Card after you have bought it online from www.lebara-mobile.co.uk you must return it to us within 7 working days at your own cost. Our returns policy only applies to SIM cards which are unused (i.e. not used to make or receive calls or send or receive messages or data) and is still attached to the original SIM card holder. Our returns policy operates in addition to any other rights you have.
Handset and SIM cards
For mobile phones, the unused phone and other goods bought online from www.lebara-mobile.co.uk must be returned to us within 7 working days of delivery at your own cost. The unused phone and other goods must be returned in their original packaging. If we do not receive the phone and other goods back by the required date or if it has been used or we do not receive all the accessories that we sent to you, then no refund can be executed. You are responsible for the SIM/phone and other goods until they are received by us.
Postage
Lebara Mobile is not under any circumstances liable for any SIMs, Mobile Phones or any other goods which are lost in the post. Customers are advised to send returned goods by registered or recorded post.
Refunds
Refunds (where applicable) will be credited to the card used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow 30 days for the refund.
Karty doładowujące są dostarczane przez Lebara Limited, a usługi świadczone są przez Lebara Mobile Limited. Obie firmy mieszczą się przy Leman Street, Londyn, E1 8EU
Low Cost Calling
Existing Customers