TERMS OF SERVICE – PRE-PAID

1.Definitions

2. The Services

3.Top-up Services

4. Marketing, Directory Services and Caller Display

5. Porting

6. Itemised Statements

1. Acceptable Use Policy

1. Timescales to Respond

2. Progress Updates

1. Goodwill Guarantee Scheme

2. Compensation for Service Interruption

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 Lyca Mobile terminates this Agreement.

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 Porting Authorisation Form.

3. Termination

If you do not use your SIM card to make a voice call, or send a message, or if you do not purchase a top-up using the top-up Services, for a period of sixty (60) days from the date you registered with us or activated your account or your last use of the services (whichever is later), Lyca Mobile will contact you by SMS or e-mail advising you that your SIM card will be deactivated. Lyca Mobile will then provide you with an additional thirty (30) days to make a voice call, send a message, or purchase a top-up using the top-up Services.

If you make a voice call, send a message, or purchase a top-up using the top-up services within the additional thirty (30) 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 purchase a top-up using the top-up services within the additional thirty (30) day period, your SIM card will be deactivated after an additional five (5) day grace period. If the SIM card is deactivated, your specific mobile number will be reallocated to another customer, and you will not be able to access or use the services, also, you will not be entitled to refund 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:

If Lyca Mobile reasonably suspects that you have failed to comply with any of the provisions above, Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile provides a pre-paid SIM Card, you are not obligated to register any personal details with Lyca Mobile. 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 Lyca Mobile, such as your name, address, date of birth, credit card or debit card details. If Lyca Mobile determines that any of the personal details that you provide are false, Lyca Mobile 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 Lyca Mobile 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.

4. Data Protection and Personal Data
Personal Data: The personal information that you provide to Lyca Mobile or that Lyca Mobile 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 Lyca Mobile generates, collects, uses, processes and stores your Personal Data. The current Privacy Policy is available at https://www.lycamobile.pt/en/privacy.
Lyca Mobile 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.

Lyca Mobile has implemented appropriate technical and organizational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorized or unlawful storage, processing, access or disclosure.
If you consent, Lyca Mobile 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, Lyca Mobile may process location data, as defined by Portuguese data protection law (“Location Data”), for the purpose of providing value added services.
For Lyca Mobile to perform its obligations under this Agreement, Lyca Mobile may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of Lyca Mobile. These third parties are permitted to use your data only in accordance with our instructions and the law.
Lyca Mobile 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, Lyca Mobile may use call center 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.
Lyca Mobile 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.
Lyca Mobile will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by Lyca Mobile upon your written request. Lyca Mobile may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify Lyca Mobile of any changes to any Personal Data provided by you to Lyca Mobile. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, Lyca Mobile will delete Personal Data upon your written request. Please refer to our Privacy Policy.
According to the law, Lyca Mobile can annul the elimination of the presentation of calling line identification and process location data in order to make such data available for organizations dealing with emergency calls for the purpose of responding to such calls.

5. Liability of Lyca Mobile
Lyca Mobile does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.
Lyca Mobile 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.
Lyca Mobile 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.
Lyca Mobile 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. Lyca Mobile 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.
Lyca Mobile 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. Lyca Mobile 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 willful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law.
The liability of Lyca Mobile 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.

Lyca Mobile 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 Lyca Mobile, 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”.

6. General Provisions
This Agreement represents the entire agreement between Lyca Mobile 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 Lyca Mobile and you. The retail outlets are not authorized 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 Lyca Mobile or the Customer to enforce any right under this Agreement shall not prevent Lyca Mobile 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.

Lyca Mobile 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 Lyca Mobile.
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: 11/02/2019

1. Changes to the Agreement