Corporate Lycamobile
TERMS OF SERVICE - PRE-PAID
  A. IDENTIFICATION OF PROVIDER
Lycamobile Portugal, Lda.
Headquarters: Avenida João Crisóstomo, 24, 1050-127 Lisboa
Registered at the Lisbon Commercial Registry Office under NIPC 510 092 942
Share Capital: € 5,000.00
Contact Telephone: Dial 1632 from a Lycamobile Account or dial 26 500 16 32 from any other telephone.
Assistance: There is no charge to call from a Lycamobile Account. For calls originating from other networks
the applicable tariff of the respective network applies.
Website: portugal-test.lycadev.com
E-mail: cs@lycamobile.pt

Date Published: 30/01/2013
  B. DESCRIPTION OF SERVICES OFFERED
1.
Definitions
LycaPal may make changes to the terms of this License from time to time. LycaPal will publish the changes at www.lycapal.com. The changes will be effective when published. Please review this License on a regular basis. You understand and agree that your acceptance of the terms of this License or your use of the Service after the date of publication of varied terms shall constitute your agreement to the updated terms. If you do not agree with the amended terms, you may terminate your relationship with LycaPal in accordance with paragraph 4 below.
1.1
Agreement: This Agreement starts when you either register your personal details with us or you activate your Account by using the Top-up Services or using the Services, whichever first occurs. This Agreement continues for an indeterminate period until either you request that this Agreement be terminated or until Lycamobile terminates this Agreement.
1.2
Account: The mobile telephone account registered or activated by a Customer that Lycamobile uses to provide the Products and Services and which records a Customer’s use of the Products and Services.
1.3
Services: The mobile telephone services that Lycamobile provides to you, including voice calling, messaging and data services, voicemail, access to emergency services, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-up Services, Roaming Services and the services provided by the Customer Services Department.
1.4
Roaming Services: The mobile telephone services that you use when travelling outside Portugal.
1.5
Products: The Lycamobile SIM Card and Lycamobile Top-up Voucher and any other products offered by Lycamobile, including promotional products.
1.6
SIM Card: The prepaid, pre-activated card that allows you to access and use the Services by inserting the SIM Card into a compatible GSM mobile telephone.
1.7
Top-up Services: The services you may use to add credit to the balance of your Account, including Automated Teller Machines (ATMs), Top-up Vouchers, Online Top-up and Auto Top-up.
1.8
Top-up Voucher: A multifunction voucher (whether in physical or electronic form) containing an 11 digit code that allows you to access and use the Services by redeeming the face value of the voucher.

Date Published: 30/01/2013
2.
The Services
Lycamobile will promptly (i.e., not more than 24 hours) connect you to the Services as soon as you register your personal details with us or activate your Account. As long as you have sufficient credit in your Account, you will be able to use the Services until either Lycamobile or you decide to end this Agreement in the ways permitted.
 
3.
Top-up Services
The Services are prepaid services. You are required to Top-up in advance so your Account is in credit. As Charges are incurred they will be deducted from the amount credited to your Account. You may check your credit balance at any time. Refer to the User Guide for information on checking your credit balance. You may also check your credit balance by logging into your Account or by calling the Customer Services Department.

You pay for the Services by topping-up your Account using any one of the Top-up Services available from Lycamobile. You may use the Top-up Services at any time after registration or activation of your Account. There are several ways that you may Top-up your Account:
  • You may Top-up at any participating ATM and activate the PIN code by following the dialling instructions on the ATM receipt.
  • You may purchase a Top-up Voucher at any participating retail outlet and activate the PIN code by following the dialling instructions on the Top-up Voucher. You may also activate the PIN code for a Top-up Voucher purchased at a participating retail outlet by using the Online Top-up.
  • You may register your personal details with Lycamobile, purchase a Top-up Voucher online and activate the PIN Code by using the Online Top-up.
  • You may register your details with Lycamobile and subscribe to “My Lycamobile” and the Auto Top-up facility.
  • You may register your details with Lycamobile and then contact the Customer Services Department.
If you Top-up your Account within sixty-seven (67) days from the date you registered or activated your Account or your last use of the Services (whichever is later), the amount of the Top-up credit you purchased will be added to the credit balance in your Account at the time of your Top-up.

The credit balance in your Account may only be used for the Services. You are not entitled to receive any cash refund for any credit balance remaining in your Account at any time, including where you fail to use the Services and your SIM Card has been deactivated or where this Agreement has been terminated.

Interest is not payable on any credit balance in your Account. Each time you use the Services (or someone else uses your GSM mobile telephone) the credit balance in your Account will be reduced for the voice call, message or data you are making or sending according to the destination and the current Charges. You will be informed by Lycamobile whenever your credit balance approaches “0” in order to allow you to Top-up your Account and continue to use the Services.

For the avoidance of doubt, any Top-up Voucher shall expire on the date stated on the Voucher (if any).

Date Published: 07/06/2013
4.
Marketing, Directory Services and Caller Display
Subject to your consent, Lycamobile and other Lyca companies may contact you by post, telephone, e-mail or SMS to let you know about products and services offered by Lycamobile and other Lyca group companies, including any special offers and promotions, which may interest you. If you do not wish to receive this information or be contacted in this way, you may at any time, free of any charge, opt out of this direct marketing by asking Lycamobile to put your name on a designated list. You may make this request by contacting the Customer Services Department or by sending an e-mail to cs@lycamobile.pt.

We will not include your name and mobile telephone number in any Directory or Directory Enquiry Service Database involving transmission to third parties unless you advise us that you wish to be included. If you do not specifically request entry in these Directories or Directory Enquiry Service, it will be considered a request by you to be excluded.

You have the right however to be included in the comprehensive public directory made available by universal service providers by making a request to our Customer Services Department.

Our Network will allow the display of your GSM mobile telephone number on receiving handsets unless you disable this feature on your GSM mobile telephone.

Date Published: 30/01/2013
5.
Porting
Our Customer Services Department can supply details of our porting arrangements with other mobile operators. Our current Porting Authorisation Terms and Conditions are available at portugal-test.lycadev.com/portingauthorisation.

Date Published: 30/01/2013
6.
Itemised Statements
Itemised statements of your Account and the record of your use of the Services, including calls and messages made and Top-up information, are available by logging in to your Account. You may print a copy of your itemised statement of your Account after logging in to your Account. You may also request a copy of your itemised statement of your Account by contacting the Customer Services Department.

Date Published: 30/01/2013
  C. RESTRICTIONS ON ACCESS TO SERVICES
We do not guarantee or endorse any third party content that you may access or use. Your use of any third party content is entirely your own responsibility. We do not guarantee access to third party content where you access or download the content from the internet or upload or transmit content using the Services.

Date Published: 30/01/2013
1.
Acceptable Use Policy
You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services:
  • fraudulently or in connection with a criminal offence;
  • for the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful,
  • to knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person,
  • to make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative,
  • to knowingly transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property,
  • with equipment that is not approved for use with the Network, including, but not limited to, SIM-boxes and SIM-gateways, and
  • to support calls to call forwarding services, onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services.
  • otherwise than in line with the conditions of this Agreement.
If Lycamobile reasonably suspects that you have failed to comply with any of the provisions above, Lycamobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect.

If Lycamobile terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

Since Lycamobile provides a pre-paid SIM Card, you are not obligated to register any personal details with Lycamobile. However, should you wish to register your personal details or use the Online Top-up, you may be required to register your personal details with Lycamobile, such as your name, address, date of birth, credit card or debit card details. If Lycamobile determines that any of the personal details that you provide are false, Lycamobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect.

If Lycamobile terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

Date Published: 30/01/2013
  D. SERVICE COVERAGE
Information on coverage areas of the mobile services consists of maps which may be accessed at portugal-test.lycadev.com/cobertura/continente or portugal-test.lycadev.com/cobertura/madeira or portugal-test.lycadev.com/cobertura/azores. For coverage information about a specific location, you may access this information at portugal-test.lycadev.com/cobertura/portugal. In each case, coverage will be periodically updated.

Date Published: 30/01/2013
  E. LEVELS OF QUALITY OFFERED
Lycamobile will provide the Services to you using its own Network and the Networks of one or more telecommunications operators. Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable.

Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.

The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile telephone chosen and used by you.

The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. Lycamobile does not have any control over the contracts or service quality levels agreed between these telecommunications operators.

Lycamobile will provide the Services regularly and continuously. However, for the reasons described above, Lycamobile does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements. However, if you experience an interruption in the Services, you may contact the Customer Services Department to report the incident.

Lycamobile will endeavour to keep any disruption to the Services to a minimum; however Lycamobile will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above, except as provided otherwise in this Agreement.

Date Published: 30/01/2013
1.
Timescales to Respond
In addition to the three business days to acknowledge a Customer complaint, the maximum timescales for Lycamobile to respond to the various types of Customer complaints are listed below:
Complaint Type Target Timescales to Respond
Billing (including Top-up) Within 5 working days – with no disconnection while a bona fide dispute is unresolved provided the Customer has paid the undisputed portion of the account
Network Quality / Coverage – Major (i.e., non-availability of several services with a substantial impairment of functionality) Within 8 hours in 99% of all incidents on a 12 month rolling basis
Network Quality / Coverage - Minor (i.e., impairment of several services with a limitation to functionality) Within 12 hours in 90% of all incidents on a 12 month rolling basis
Roaming Within 5 working days
Handset* 10 working days
Other* 10 working days
*Although Lycamobile does not provide handsets to Customers, a problem with your handset may result in network quality or coverage issues. Therefore, Lycamobile may ask you for details regarding the brand and model of your handset.

Date Published: 30/01/2013
2.
Progress Updates
The Customer Services Department will provide you will progress updates at regular intervals to keep you informed of the progress of the investigation into your complaint. In cases where the Customer Services Department is unable to resolve a Customer complaint within the target timescales, then the Customer Services Department will advise you of the revised timescales.

Date Published: 30/01/2013
  F. STANDARD TARIFFS
Charges: The tariffs applicable from time to time for the use of the Products and Services, including any connection fees and special offers. The current tariffs are available at portugal-test.lycadev.com/tariffs

If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a Top-up using the Top-up Services, for a period of forty-five (45) days from the date you registered with us or activated your Account or your last use of the Services (whichever is later), Lycamobile will contact you by SMS or e-mail advising you that your SIM Card will be deactivated. Lycamobile will then provide you with an additional fifteen (15) days to make a voice call, send a message or data, or purchase a Top-up using the Top-up Services.

If you make a voice call, send a message or data, or purchase a Top-up using the Top-up Services within the additional fifteen (15) day period, your SIM Card will remain active. Any previous credit balance in your Account will remain available for you to use, and you will be able to access and use the Services.

If you do not make a voice call, send a message or data, or purchase a Top-up using the Top-up Services within the additional fifteen (15) day period, your SIM Card will be deactivated after an additional seven (7) day grace period. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

Date Published: 07/06/2013
  G. COMPENSATION OR REFUND SYSTEMS
1.
Goodwill Guarantee Scheme
Lycamobile will endeavour to respond and resolve all Customer complaints within the Timescales to Respond. In some cases this may not be possible. In this event, on a case to case basis, the Customer Services Team Leader has the discretion to apply a credit to a Customer’s Account as a goodwill gesture.

Date Published: 30/01/2013
2.
Compensation for Service Interruption
In the event of a service interruption lasting more than six (6) hours in any one day, you will be entitled to compensation which will be credited to your Account as a percentage of monthly hours of service interruption or suspension calculated using your average consumption of services over the previous three (3) months.

Date Published: 30/01/2013
  H. TYPES OF MAINTENANCE SERVICE OFFERED
You agree to use the SIM Card in a compatible GSM mobile telephone for the purpose of using the Services. Lycamobile is not the supplier of the GSM mobile telephone. You are solely responsible for any fault with the GSM mobile telephone which may cause interference or problems with your use of the Services.

The SIM Card remains the exclusive property of Lycamobile. You must retain the SIM Card and not lose or damage the SIM Card. Lycamobile will only replace a SIM Card where it is found to be defective by reason of faulty workmanship or design. Lycamobile may charge you for a replacement SIM Card where Lycamobile reasonably believes that you are responsible for the loss or damage of your original SIM Card or where someone has stolen your original SIM Card. It is your responsibility to promptly inform Lycamobile of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card.

If you have a complaint about the Products or Services (including the quality of service) you should refer to our Customer Code of Practice for the Handling of Consumer Complaints. The current Customer Code of Practice is available at portugal-test.lycadev.com/codeofpractice.

Date Published: 30/01/2013
  I. STANDARD CONTRACT CONDITIONS
1.
Agreement
This Agreement starts when you either register your personal details with us or you activate your Account by using the Top-up Services or using the Services, whichever first occurs. This Agreement continues for an indeterminate period until either you request that this Agreement be terminated or until Lycamobile terminates this Agreement.

Date Published: 30/01/2013
2.
Porting
Our Customer Services Department can supply details of our porting arrangements with other mobile operators. Our current Porting Authorisation Terms and Conditions are available at portugal-test.lycadev.com/portingauthorisation.

Date Published: 30/01/2013
3.
Termination
If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a Top-up using the Top-up Services, for a period of forty-five (45) days from the date you registered with us or activated your Account or your last use of the Services (whichever is later), Lycamobile will contact you by SMS or e-mail advising you that your SIM Card will be deactivated. Lycamobile will then provide you with an additional fifteen (15) days to make a voice call, send a message or data, or purchase a Top-up using the Top-up Services.

If you make a voice call, send a message or data, or purchase a Top-up using the Top-up Services within the additional fifteen (15) day period, your SIM Card will remain active. Any previous credit balance in your Account will remain available for you to use, and you will be able to access and use the Services.

If you do not make a voice call, send a message or data, or purchase a Top-up using the Top-up Services within the additional fifteen (15) day period, your SIM Card will be deactivated after an additional seven (7) day grace period . If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services:
  • fraudulently or in connection with a criminal offence;
  • for the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful,
  • to knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person,
  • to make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative,
  • to knowingly transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property,
  • with equipment that is not approved for use with the Network, including, but not limited to, SIM-boxes and SIM-gateways, and
  • to support calls to call forwarding services, onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services.
  • otherwise than in line with the conditions of this Agreement.
If Lycamobile reasonably suspects that you have failed to comply with any of the provisions above, Lycamobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect.

If Lycamobile terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

Since Lycamobile provides a pre-paid SIM Card, you are not obligated to register any personal details with Lycamobile. However, should you wish to register your personal details or use the Online Top-up, you may be required to register your personal details with Lycamobile, such as your name, address, date of birth, credit card or debit card details. If Lycamobile determines that any of the personal details that you provide are false, Lycamobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect.

If Lycamobile terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

Date Published: 07/06/2013
4.
Data Protection and Personal Data
Personal Data: The personal information that you provide to Lycamobile or that Lycamobile generates, collects, uses, processes and stores about you while providing the Products and Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, Top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you.

Privacy Policy: The policy that describes how Lycamobile generates, collects, uses, processes and stores your Personal Data. The current Privacy Policy is available at portugal-test.lycadev.com/en/privacy.

Lycamobile will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations, as amended from time to time.

Lycamobile has implemented appropriate technical and organisational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.

If you consent, Lycamobile will process traffic data, as defined by Portuguese data protection law, for the purposes of marketing electronic communication services or providing value added services. In addition and subject to your consent, Lycamobile may process location data, as defined by Portuguese data protection law (“Location Data”), for the purpose of providing value added services.

For Lycamobile to perform its obligations under this Agreement, Lycamobile may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of Lycamobile. These third parties are permitted to use your data only in accordance with our instructions and the law.

Lycamobile may also need to transfer your Personal Data to third parties, for example our suppliers and service providers, in countries outside the European Economic Area. For example, Lycamobile may use call centre and technical services from an associated company based in India. Where the data protection laws of these countries do not provide the same level of data protection as in Portugal, we will take steps to ensure your privacy rights are at least as compliant with the requirements of the laws of Portugal, including requiring appropriate security measures from such third parties, set out in a contract between us, to protect your Personal Data; and monitoring compliance with such security measures for the lifetime of our relationship with such third parties.

Lycamobile may from time to time monitor or record your conversations with the Customer Services Department. This may be done for quality control purposes, to improve the Services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.

Lycamobile will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by Lycamobile upon your written request. Lycamobile may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify Lycamobile of any changes to any Personal Data provided by you to Lycamobile. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, Lycamobile will delete Personal Data upon your written request. Please refer to our Privacy Policy.

According to the law, Lycamobile can annul the elimination of the presentation of calling line identification and process location data in order to make such data available for organisations dealing with emergency calls for the purpose of responding to such calls.

Date Published: 30/01/2013
5.
Liability of Lycamobile
Lycamobile does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.

Lycamobile is not responsible for damage or loss or inconvenience incurred by you and that results from the content of any voice call, message or data sent or received by you.

Lycamobile is not responsible for damage or loss or inconvenience incurred by you and that results from the involvement of a third party, including governmental, judicial or administrative bodies.

Lycamobile is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.

In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. Lycamobile will then be able to block the use of your SIM Card. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.

Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.

Lycamobile is not responsible for the failure of any retail outlet to properly activate your SIM Card or Top-up Voucher or process any payment you made. In these cases, you should contact the retail outlet where you obtained your SIM Card or purchased your Top-up Voucher and request a refund.

You are advised that it is illegal to operate a mobile telephone while driving a motor vehicle, and acknowledge the inherent risk in the use of a mobile telephone while driving a motor vehicle. Lycamobile is not responsible for damage or loss or inconvenience incurred by you and that results from any accident caused by the use of a mobile telephone while driving a motor vehicle.

Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party’s negligence, or the consequence of wilful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law.

The liability of Lycamobile to you under this Agreement shall be limited to a total maximum aggregate amount of €750.00 per claim or series of related claims.

If you incur any damage or loss or inconvenience, you must notify the Customer Services Department in writing of the claim as soon as possible and in any event within four (4) weeks after the discovery by you of the claim. Damage, loss or inconvenience that has not been reported in writing to the Customer Services Department within this four (4) week period shall not be compensated. This four (4) week period will not apply if you are using the Services as an individual consumer (and not in combination with a trade or business) and you could not have been reasonably expected to notify the Customer Services Department in writing within this period.

Lycamobile is not responsible for any damage or loss or inconvenience incurred by you, and will not be liable to provide the Products or Services, as a result of any reason outside the control of Lycamobile, including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as “force majeure”.

Date Published: 30/01/2013
6.
General Provisions
This Agreement represents the entire agreement between Lycamobile and you in relation to the Products and Services. It takes precedence over all prior agreements (written and oral), and all representations or other communications between Lycamobile and you. The retail outlets are not authorised by us to amend this Agreement or to agree any terms which are inconsistent with these general terms and conditions.

Failure or delay by either Lycamobile or the Customer to enforce any right under this Agreement shall not prevent Lycamobile or the Customer (as the case may be) from taking further action.

If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.

Lycamobile is entitled to assign all of its rights and obligations under this Agreement to a third party. You are entitled to assign all of your rights and obligations under this Agreement to a third party with the written consent of Lycamobile.

As a consumer of goods and services you are entitled to certain statutory rights. The provisions of this Agreement do not affect your statutory rights.

If you are a consumer concluding this Agreement under the distance selling regulations, you will, on written notice to us by registered post and subject to returning all Products to us in an undamaged, unused and sellable condition, have the right to terminate this Agreement within fourteen (14) days of us accepting your written notice. You agree that once you start using the Services or the Top-up Services you will lose any right to cancel this Agreement under the distance selling regulations.

This Agreement is governed by, and construed in accordance with, Portuguese law.

These General Terms and Conditions are deposited at ICP-ANACOM and at Directorate-General for Consumers, as set out by law.

Date Published: 30/01/2013
  J. DISPUTE SETTLEMENT MECHANISMS
If you have a complaint about the Products or Services (including the quality of service) you should refer to our Customer Code of Practice for the Handling of Consumer Complaints. The current Customer Code of Practice is available at portugal-test.lycadev.com/en/codeofpractice.

If, at the end of the complaints process, you feel your complaint has not been fully addressed, you may contact ICP-ANACOM in accordance with the Customer Code of Practice. The Customer Code of Practice for the Handling of Consumer Complaints does not exclude your right (i) to contact the public authorities or (ii) to submit any dispute resolution to the judicial courts nor to the non-judicial mechanisms for dispute resolution, such as mediation centres and arbitral courts, in the legal terms.

Details of how to request a refund or compensation from us for failing to meet contracted service quality levels are also set out in the Customer Code of Practice.

Date Published: 30/01/2013
  K. UPDATED PRICES AND CONDITIONS TO 30/01/2013
1.
Changes to the Agreement
Lycamobile reserves the right to change these terms and conditions for legal or regulatory reasons. We may also need to change these terms and conditions as a result of changes by our Network suppliers or for other technical or commercial reasons, such as changes to our Products and Services. We may also change our Charges or introduce new Charges. Changes to Charges will be reflected in our tariff table from time to time.

If a change will be materially detrimental to you, Lycamobile will give you at least one month’s notice. If you do not accept a change which is notified to you as materially detrimental then you can cancel this Agreement or cease using the Services or Top-up Services. If you use the Services or Top-up your Account after Lycamobile makes a change, then you are deemed to accept the change.

Please check our website regularly for any changes. We may also notify you of changes by way of advertisement in the national media, by email, by post, or by text message or by other reasonable means. We may also place a recorded message on the phone number of our Customer Services Department.

Date Published: 30/01/2013