Terms & Conditions :
Terms & Conditions for the use of Lycamobile SIM, Special offers and TOP-UP Vouchers
GENERAL TERMS AND CONDITIONS:
These general terms and conditions govern all rights and obligations between LYCAMOBILE and their Customers in connection with LYCAMOBILE Services.
1.1 User Guidelines: The then-current guidelines issued to the Customer by LYCAMOBILE (regardless of whether the guidelines are provided by LYCAMOBILE or the underlying network operators that provide services) for use of the services, available at www.lyca-mobile.no.
1.2 Agreement: The Agreement to provide service to the Customer from LYCAMOBILE, entered into when the Customer registers with LYCAMOBILE and uses the Service or recharges their SIM Card Account. Until this occurs you will not be able to port your mobile number. If you wish to port out your mobile number from Lycamobile Norway to another mobile operator, you must first ensure your registration details with Lycamobile Norway are correct at the time of your port out request. If this is not the case, the port out will be rejected. These general terms and conditions are an integral part of the Agreement. The customer retains at all times the right to number portability to another operator by submitting a request to the customer service department. Lycamobile is not liable to refund any existing credit when the number is ported to another operator.
1.3 Customer: A natural or legal person who enters into an Agreement with LYCAMOBILE.
1.4 LYCAMOBILE Customer Service: The Customer Service department, which the Customer may contact for all matters regarding the LYCAMOBILE service, that can be reached either by calling 3332 from a LYCAMOBILE-telephone account or +47 21 54 71 71 / +47 94 73 33 32
1.5 LYCAMOBILE: Is the company name and brand name associated LYCAMOBILE NORWAY LIMITED with registered offices Selma Ellefsens vei 2, 0581, Norway, Organization number 994901206, that provides service to the Customer.
1.6 LYCAMOBILE Service or Service: The Service that the Customer uses to direct the transport of telecommunications traffic from mobile users to and from the connection points on the Network or the connection points on other Networks.
1.7 LYCAMOBILE SIM Card: A pre-paid and pre-activated card that contains a microprocessor that provides access to Services.
1.8 LYCAMOBILE Recharge Coupon: A multi function voucher (whether in physical or electronic form) that contains a 11-digit code that allows Customer to redeem the consequential value to more Services, such as mobile telephony airtime.
1.9 Network: The Network for wireless telecommunications.
1.10 Products: LYCAMOBILE SIM Cards and LYCAMOBILE Recharge-Coupons or other Network offered by LYCAMOBILE.
1.11 Roaming Services: Mobile telephony Services that enable continuous access to Services for a Customer who travels outside the country where the Services were purchased, and that are provided by the telecommunications systems of foreign Networks.
2. SERVICES AND OBLIGATIONS
2.1 LYCAMOBILE delivers only what is necessary to provide the appropriate use of the LYCAMOBILE Service. LYCAMOBILE determines the technical means which are necessary for access to the Service. Further information on the Service, including quality parameters can be found at www.lyca-mobile.no.
2.2 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. Because of this it can be affected by interference from a number of external sources or prevented by buildings, vegetation or terrain, and thus LYCAMOBILE cannot guarantee a perfect and error-free transmission (in terms of availability or Service quality) in all places at all times.
2.3 The quality of LYCAMOBILE Service is also dependent on the mobile handset used by the Customer. LYCAMOBILE has no control over or influence on the quality of the mobile handset.
2.4 The Services shall have merchantable good quality, but LYCAMOBILE does not guarantee that the Services are fit for the Customer’s particular purpose.
2.5 At times the Network and Services may be unavailable because of requirements to upgrade, modification, maintenance or other necessary work related to the Network or the Services. At such times when the Services may be temporarily unavailable, shall LYCAMOBILE do their best to reduce the time of unavailability to a minimum.
2.6 LYCAMOBILE offers Roaming Services, but because of the nature of these Services, LYCAMOBILE cannot guarantee the availability or quality of Services through the use of such Roaming Services.
Please note that when traveling to locations close to open sea water or to a border with a non-EU country, your phone may connect with a tower located outside EU territories. Such instances will result in non-EU charges being applied. For example, if you use your phone while travelling by boat or ferry and your phone latches onto a non-EU based tower you may be charged a the relevant non-EU roaming tariffs with the possibility to have non-EU/EEA tariffs applied to for a part of your travel.
2.7 Associated with the LYCAMOBILE SIM Card is the PIN (Personal Identification Number) and PUK (Personal Unlocking Key). Guidelines on their use may be changed to reflect new technology and will be explained in the “user manual” for the mobile telephone. Customers should take all necessary precautions to keep their PIN and PUK codes secret. Customers are responsible for malicious or improper use resulting from deliberate, accidental or inadvertent disclosure of these codes or the transfer of his / her SIM Card to another.
2.8 LYCAMOBILE is not responsible for any loss or inconvenience caused to Customers by the actions carried out by a retailer, including fraud, deception and / or non-payment. In such cases, the Customer should contact the retailer where the Customer purchased the SIM Card or Recharge Coupon, and ask for a refund.
2.9 Rates for the use of Services appear on the then-current sales posters and / or are available at www.lyca-mobile.no.
2.10 LYCAMOBILE will not deliberate disconnect calls as long as there is available credit for the calls, but it is possible that calls may be disconnected due to matters beyond LYCAMOBILE’s control, such as force majeure, failure of the operator, technology failures or human error.
3. SIM CARD
3.1 LYCAMOBILE SIM Card is used by inserting it into a compatible mobile handset. When the SIM Card has been inserted and activated, the Customer shall have access to, and be able to use, the Services.
3.2 LYCAMOBILE SIM Card remains the property of LYCAMOBILE. The Customer must retain the SIM Card and not abuse it in any way. LYCAMOBILE will only replace a SIM Card if it is defective because of manufacturing defects or design defects. LYCAMOBILE may at its discretion charge the Customer for the cost of replacing a SIM Card if LYCAMOBILE has reasonable grounds to believe that the Customer has been responsible for the misuse, damage or loss of the original SIM Card. LYCAMOBILE reserves the right to recall a LYCAMOBILE SIM Card at any time. It is the Customer’s responsibility to inform LYCAMOBILE of any damage to the SIM Card purchased by the Customer.
3.3 If LYCAMOBILE SIM Card is not used to perform outgoing calls within three (3) months (“Validity Period”) from original purchase or last use by the Customer, the SIM Card will be blocked and the use of the Service will be prevented.
3.4 The Customer will then have one (1) month to recharge the SIM Card. If the Customer recharges within 1 month and uses the Service, the old balance that has been blocked in accordance with clause 3.3 will be restored, and the Customer will be able to make and receive calls and text messages as normal.
3.5 If the Customer does not recharge within one (1) month after the expiry of the “validity period”, the Customer will lose all unused credit. The Customer’s specific telephone number will be blocked for use by the Customer.
4. RECHARGE COUPON
4.1 Customers pay for use of the Services by recharging their SIM Card account. Customers do this by buying LYCAMOBILE Recharge-coupons and transferring credit to their SIM Card account.
4.2 Customers can recharge LYCAMOBILE SIM Cards using a LYCAMOBILE Recharge-coupon at any time after registration, including during a period of validity.
4.3 If recharging is performed before the end of the validity period, or within one (1) month after the validity period, the unused credit at the time of recharging is added to the credit contained on the LYCAMOBILE Recharge-coupon.
4.4 Each time a Customer recharges his / her LYCAMOBILE SIM Card during the validity period, it shall be extended by three (3) months in accordance with the terms above.
4.5 When a Customer has used a LYCAMOBILE Recharge-coupon to recharge his / her balance for the use of a SIM Card, the balance can only be used for Services. The Customer cannot claim a refund in cash of the outstanding balance that remains on Customer’s account to any time, including if the Customer fails to use the Services during the validity period and the Agreement expires, is terminated or changed to another form of subscription.
4.6 Customer advance payments to LYCAMOBILE Recharge-coupons will not be reimbursed by LYCAMOBILE and the balance of a Customer account will not be calculated with interest. Each time the Services are used by a Customer (or others using the Customer’s mobile handset), the purchase balance is reduced pursuant to applicable tariffs for the current type of communication or Service as stated in the price list.
4.7 LYCAMOBILE reserves the right to offer LYCAMOBILE Recharge-coupons as a multi- function credit voucher that can be redeemed for various Services (if any), including the connection time for LYCAMOBILE mobile Services.
4.8 From 5 August 2014 any new top up credit shall expire ninety  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.
Where necessary by operational considerations or organization of the Services, LYCAMOBILE may modify the technical characteristics of the Services. Customers will not be entitled to compensation for replacement or modification of mobile handsets that are necessary because of changes in the Network that affect the Services.
6. DISCONNECTION AND OTHER TERMINATION OF AGREEMENT
6.1 LYCAMOBILE can disconnect the Customer fully or partially from the Service without prior notice if the Customer’s use of the Services threatens Network security or functionality, important social considerations or third party protection. In case of disconnection caused by other breach by the Customer, Lycamobile will give the Customer prior notice of the breach and a reasonable time to rectify until the disconnection takes place. In any circumstance, Lycamobile may disconnect after having given one month’s prior written notice.
6.2 Disconnection does not provide the Customer with a right to any compensation. Disconnection will be lifted when LYCAMOBILE has determined that the Customer has fulfilled its obligations. The Customer will be responsible for both disconnection and re-connection costs. Disconnection of the Service does not release the Customer from its obligations under the Agreement.
6.3 If the Customer does not, within the time specified under clause 6.1, meet its obligations under the Agreement, shall LYCAMOBILE have the right to terminate the Agreement with immediate effect.
6.4 The Customer has the right to terminate the Agreement with immediate effect by a material breach of LYCAMOBILE.
6.5 Either party may terminate the Agreement with one month’s prior written notice.
7.1 Customer shall not use the Service to the following:
- improper, immoral, criminal or illegal purposes, or to send communications or store information that is offensive, abusive, obscene, vulgar, lewd or threatening;
- to cause, or allow others to use the Service to cause, other discomfort, irritation or inconvenience whether this is to LYCAMOBILE, LYCAMOBILES’s other Customers or third parties, including not using the Network to send repeated, unsolicited messages without reasonable grounds;
- activities whose purpose is to harm or impair the operation of the Network over which the Services are delivered;
- storage or dissemination of information that does not belong to the Customer and which may infringe the rights of a third party, including third-party copyright or other intellectual property rights (except by prior permission of such third party).
7.2 When buying a LYCAMOBILE SIM Card the Customer will have to register with LYCAMOBILE. This means that the Customer provide personal information such as name, address, birth date, etc. The Customer acknowledges that providing incorrect information may be a fraudulent act. If LYCAMOBILE notice that such information is inaccurate, LYCAMOBILE may terminate the Agreement without any liability to the Customer.
7.2 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.
7.3 The Customer shall inform LYCAMOBILE of any changes of personal information and keep information that LYCAMOBILE retains on them up to date.
8. DATA PROTECTION AND PERSONAL CUSTOMER INFORMATION
8.1 LYCAMOBILE, and other companies within its Group, may use the Customer’s personal information only to fulfil the Agreement. Communication, information and numbers used by the Customer are stored in the files of LYCAMOBILE, and processed by LYCAMOBILE or third parties on behalf of LYCAMOBILE in terms of:
- the delivery of the Service;
- administrative and Customer Service purposes; and
- information and marketing purposes, within the framework of the Customer relationship, in order to initiate information or promotions associated with the Network or Services provided by LYCAMOBILE, unless the Customer has reserved the right to opt out.
8.2 By registering with LYCAMOBILE, the Customer agrees that LYCAMOBILE may share his / her information with other companies in the group and external companies that are LYCAMOBILE’s trusted and selected business partners. LYCAMOBILE and those selected business partners will be entitled to consult with Customers on mail and phone to inform Customers about Network, Services and promotions that may be of interest to them. Customers who do not wish to receive such information relating to promotions associated with the Network provided by LYCAMOBILE, or who do not wish to be contacted by LYCAMOBILE within the framework of the direct commercial marketing, may at any time request from LYCAMOBILE, free of charge, to be placed on a list for this purpose. The Customer shall submit such a request to firstname.lastname@example.org.
8.3 By registering with LYCAMOBILE, the Customer agrees that LYCAMOBILE may transfer his / her personal information to countries that ensure proper handling of information.
8.4 LYCAMOBILE will always use and process the Customer’s personal information in accordance with the Electronic Communications Act and applicable privacy legislation.
8.5 LYCAMOBILE shall provide the Customer with a copy of his / her personal information that LYCAMOBILE holds, if the Customer requests to access it.
8.6 Important Notice: Depending upon the type of call you make or text message you send to another national Norwegian telecommunications provider, Lycamobile may route your call and/or text message via the Lyca Group Network located in the United Kingdom.
9. LYCAMOBILE'S LIABILITY
9.1 LYCAMOBILE accepts no liability for LYCAMOBILE SIM Cards, LYCAMOBILE Recharge Coupons or the delivery of Services other than as stated in the Agreement.
9.2 LYCAMOBILE is not responsible for damage or loss resulting from the content of the calls, SMS messages, etc. sent or received by the Customer.
9.3 LYCAMOBILE is not responsible for damage or loss resulting from the intervention of a third party, including governmental, judicial or administrative bodies.
9.4 Under no circumstances is LYCAMOBILE liable for indirect losses or other unforeseen damage, e.g., loss of profit, loss of Customers, loss or damage of data or loss of contracts, unless the loss has resulted due to gross negligence or deliberate intent on LYCAMOBILE’s part.
LYCAMOBILE is not responsible to the Customer for any loss, theft, fraudulent or wrongful use of the LYCAMOBILE SIM Card. LYCAMOBILE is not obligated to refund the call time used by LYCAMOBILE Customers or others, where a Customer is not in control of the SIM Card and has not informed LYCAMOBILE that he / she has lost it.
9.6 LYCAMOBILE’s liability to a Customer is limited to a total amount of NOK 10,000 per claim or series of related claims.
9.7 Where a Customer suffers any damage or loss, the Customer shall notify LYCAMOBILE in writing of the damage as soon as possible and no later than four (4) weeks after the discovery that damage has occurred. Damage not been reported to LYCAMOBILE within this period will not be compensated. This does not apply to Consumers if the Consumer has a reasonable reason for why he / she could not be expected to inform LYCAMOBILE within this time period.
9.8 LYCAMOBILE shall not be liable to perform the obligations hereunder or provide the Services if there is any force majeure or similar circumstances beyond LYCAMOBILE’s control that makes it impossible or significantly burdensome to fulfil. If the event lasts more than 90 days, either of the parties may terminate the Agreement.
9.9 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”.
10. CUSTOMER'S RESPONSIBILITY
10.1 The Customer is responsible for the damage and economic losses suffered by LYCAMOBILE or third parties and caused by the Customer’s use or misuse of LYCAMOBILE SIM Cards or LYCAMOBILE Recharge Coupons, regardless of who specifically misused or used the handset or how the use or misuse occurred. This also applies to loss or theft if the Customer has acted negligently.
10.2 In the event of loss or theft of the LYCAMOBILE SIM Card, it is the Customer’s responsibility to inform LYCAMOBILE as soon as possible about this loss or theft to prevent use of the SIM Card by another person. The Customer is solely responsible for the SIM Card and cannot claim any compensation from LYCAMOBILE for loss or theft of the SIM Card.
10.3 The Customer’s liability is limited as LYCAMOBILE’s liability under clause 9.6.
11.1 LYCAMOBILE has the right to change pricing and billing terms, and these contract terms with one (1) month’s prior notice. The notification obligation applies to all changes. The customer can terminate this Agreement without charge from the time the change takes effect.
11.2 Changes will be posted at www.lyca-mobile.no. It is the Customer’s responsibility to regularly check the LYCAMOBILE website for changes that may affect the Service and its use.
11.3 By continuing use of the Service after LYCAMOBILE conducted changes as mentioned above, the Customer agrees these changes.
11.4 LYCAMOBILE has the right to transfer the Agreement with the rights and obligations to a third party.
12.1 In the consumer relationship, the Customer, provided that the Service is sold by distance selling, including by telephone or via the internet, may cancel the Agreement without giving any reason within 14 days after LYCAMOBILE has fulfilled its duty of disclosure under the Cancellation Act.
12.2 If the Service is purchased by other remote sales except telemarketing and the Customer uses the Service within this 14 day period, the Customer shall pay for the use of the Service, including the expenses associated with the initiation and installation if the Customer later exercises its right to cancel.
13. COMPLAINTS, DISPUTES AND APPLICABLE LAW
13.1 Complaints or disputes between Consumers and LYCAMOBILE regarding delivery of the Services must first be raised by the Consumer with LYCAMOBILE’s Customer Service using the contact information provided above or by the following external links
o National Complaint portal
o European Complaint Authority portal
in case of a dispute the platform can be used in the treatment of matter between the parties.
13.2 Consumers may appeal the decision of LYCAMOBILE regarding billing, lack of delivery and quality of deliverables to the Consumer Complaints Board for Electronic Communications (BKN). Complaints may only be submitted to the BKN when complaints have been rejected in writing by LYCAMOBILE. See BKNs Homepage: www.brukerklagenemnda.no.
13.3 Failure to enforce rights under this Agreement shall not prevent LYCAMOBILE or Customer from making other sanctions applicable.
13.4 This Agreement is governed by Norwegian law.