1. DEFINITIONS
- Acceptable Use Policy: the policy that LYCA MOBILE notifies to the Customer (either the policy required by LYCA MOBILE or any other Network operator providing the Services) and that governs acceptable use of the Services, which may be modified from time to time, details of which can be found in Annex 1 to these terms and conditions. The Acceptable Use Policy Forms part of this Contract.
- Allowance: The amount of Services which a Customer is entitled to use under a Monthly Bundle Plan, as specified in the Contract Summary.
- Contract: is the agreement on the basis of which LYCA MOBILE provides the Services to the Customer, which is formalized when the Customer registers as such with LYCA MOBILE. These general terms and conditions form an integral part of that Contract, as well as the Contract Summary and the Customer’s purchase order.
- Contract Summary: The summary specifying the essential terms of the Contract and the applicable rates and Allowances.
- Customer: a natural or legal person who signs a Contract with LYCA MOBILE.
- Customer Service: is the customer service department, which can be contacted by the customer for all questions relating to the LYCA MOBILE Service, accessed by calling 1976 toll free from a LYCA MOBILE telephone or 32466001976 from another operator’s telephone. Operator tariffs applicable.
- Fixed-Term Contract: A Contract with a duration of 12 months.
- LYCA MOBILE: Lycamobile Belgium BV (registration number: 0797.315.848) whose registered office is Hermesstraat 8C, 1930 Zaventem, Belgique.
- Monthly Bundle Plan: A bundle containing a pre denomination of Services, including minutes for calls, SMS and data.
- Monthly Rollover Contract: A Contract with an indefinite duration.
- Network: the network for wireless telecommunications.
- Postpaid SIM Card: A SIM card containing a microprocessor that facilitates access to the Services.
- Products: LYCA MOBILE Postpaid SIM CARD and LYCA MOBILE Monthly Bundle Plan or any other product offered by LYCA MOBILE.
- Roaming Services: mobile telephony services which allow the Customer uninterrupted access to services outside of the European Union and which are provided using telecommunications systems of foreign networks over which LYCA MOBILE has no control.
- Service or Services: the service or services through which the Customer uses the Network for the direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.
- Spending Cap:The maximum amount corresponding to the Services used which a Customer is allowed to spend per month, on top of the Services included in the Allowances.
2. SERVICES AND OBLIGATIONS
- LYCA MOBILE is obliged only to provide the necessary resources to ensure the proper operation of the Service. In this respect it shall establish the technical means necessary to provide access to this Services under optimum conditions.
- Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio frequencies and signals. As such, it may suffer interference from numerous external sources or inherent obstacles such as buildings, vegetation or terrain and therefore perfect transmission (relative to actual availability and quality of Service) cannot be guaranteed, everywhere and at all times.
- The quality of the LYCA MOBILE Services depends on the quality of the mobile telephony device that the Customer uses. LYCA MOBILE has no control or influence on the quality of the mobile telephony device.
- LYCA MOBILE shall use its best endeavors to provide the Services with satisfactory quality. In the event of a temporary interruption of the Services the provisions set forth in clause 13 would apply.
- Occasionally the Network and Services may not be available due to requirements for improvement, modification, maintenance or other work related to the Network or Services. At such times, Services may be temporarily unavailable and LYCA MOBILE shall use its best endeavors to keep any period of unavailability to a minimum.
- LYCA MOBILE offers Roaming Services but, due to the nature of these Services, LYCA MOBILE cannot guarantee the availability or quality of the Services using such Roaming Services. Use of roaming services is subject to LYCA MOBILE’s fair use policy on roaming which can be found https://www.lycamobile.be/en/rates/#/roaming.
- The LYCA MOBILE Postpaid SIM Card is associated with a PIN code (personal identification number) and a PUK code (personal unlocking key). Instructions for use may change as a result of the use of new technologies and will be explained in the phone’s “user manual”. Customers must take all necessary precautions to keep their PIN and PUK codes secret. Customers are responsible for any inappropriate or malicious use resulting from intentional, incidental or accidental communication of these codes or from the transfer of their SIM Card.
- The Customer acknowledges that whilst LYCA MOBILE will use its best endeavours to ensure error free service, LYCA MOBILE shall not be liable to the Customer for any loss or inconvenience not attributable to LYCA MOBILE caused to the Customer by any action of a distributor, including fraud, deception and/or non-payment, unless it derives from an instruction given by LYCA MOBILE to the distributor. In such cases, the Customer shall contact the distributor and/or retailer from whom the SIM card was purchased and request a refund.
- LYCA MOBILE at the request of government agencies, regulatory or law enforcement bodies can record communications made using the Services.
- It is LYCA MOBILE’s policy not to intentionally disconnect any call, however, calls may be disconnected for reasons beyond LYCA MOBILE’s control, such as force majeure, carrier failure, technology failure or human error.
- Customers are hereby informed of the risk inherent in the use of a mobile phone while driving a motor vehicle. LYCA MOBILE cannot be held liable for damages caused by an accident caused by the use of a mobile phone while driving a motor vehicle.
- Customers are hereby informed of possible interference that a mobile phone may cause to certain types of sensitive equipment, such as medical devices, aircraft, etc. It is therefore essential that the instructions of the persons responsible for such equipment are strictly followed. LYCA MOBILE cannot be held responsible for any damage caused by failure to follow these instructions.
3. POSTPAID SIM CARD
- The LYCA MOBILE Postpaid SIM Card is used by inserting it into a compatible mobile phone device.
- The LYCA MOBILE Postpaid SIM Card remains the exclusive property of LYCA MOBILE. The Customer must keep the Postpaid SIM Card in a safe place and not use it improperly. LYCA MOBILE will only agree to replace a Postpaid SIM Card when it is found to be defective due to faulty workmanship or design. LYCA MOBILE may, at its discretion, charge 10 Euros for replacement of a Postpaid SIM Card when the Customer has been responsible for the misuse, damage or loss of the original Postpaid SIM Card. In addition, LYCA MOBILE reserves the right to withdraw a LYCA MOBILE Postpaid SIM Card in the case that the Customer incurs in any of the conducts listed in clause 10.1Customer shall inform LYCA MOBILE of any damage to the Postpaid SIM Card it has acquired.
- A Postpaid SIM Card will be issued to the Customer on a non-transferrable basis, subject to the following conditions-
- The information provided by the Customer are true, genuine and accurate and nothing material has been withheld.
- LYCA MOBILE reserves the right to have such information verified.
- the Customer shall not obtain more than 5 Postpaid SIM Cards in total.
- the Customer shall provide such further information as LYCA MOBILE may reasonably require fulfilling any compliance requirements.
4. RATES AND CHARGES
- Customers pay for the Services under a Monthly Bundle Plan or by purchasing additional data through contacting Customer Services. An Allowance is made up of data, minutes for calls and SMS in accordance with the rates specified in the Contract Summary.
- A Customer will have a default Allowance limit to use out of Allowances, depending on the Monthly Bundle Plan contracted. Once all Allowances included in the Monthly Bundle Plan have been consumed (data, minutes for calls and/or SMS), LYCA MOBILE will notify the Customer at no cost that the limit of the Allowances has been reached. We allow the Customer to continue using our Services until the Spending Cap is reached. In such event, LYCA MOBILE will notify the Customer at no cost that the limit of the Spending Cap is reached. After this Spending Cap is consumed, the Customer must pay such amount in order to request another Spending Cap or buy another Monthly Bundle Plan in addition to the one already purchased. The applicable rates for data, minutes for calls and/or SMS consumed outside the Allowances are specified in the Contract Summary.
- Customers may purchase additional data on top of the data included in the Allowance at any time after activation of the Services. Charges for Services purchased in addition to the Services included in your Allowance will be charged on top of your Monthly Bundle Plan.
- Premium and short number calls or SMS-texts are not included in the Allowances and will be charged at the specific tariffs indicated in the rates specified in the Contract Summary.
- Unless otherwise stated, if you do not use all the Services included in the Allowance under a Monthly Bundle Plan in the relevant month, any remaining Services included in the Allowance expire and are forfeited (it cannot be transferred, refunded, exchanged, redeemed for cash or carried over into another month).
- Lyca Mobile may charge additional fees for Roaming Services, as specified in the Contract Summary or in the fair use policy for roaming services.
- The latest information on LYCA MOBILE’s applicable rates can be found on https://www.lycamobile.be/en/rates/
5. MODIFICATION OF OPERATING CONDITIONS
- Whenever required by the operating conditions or the organization of the Service, LYCA MOBILE may modify the technical characteristics of its Services. The Customers will be entitled to the compensation for any substitution or modification of the mobile telephony terminals that are necessary for a change in the Network that affects the Services, in the terms expressed in these general terms and conditions and in clause 13 thereof.
- If the modifications of the operating conditions entail the modification of the Contract, Customers are informed of their right of termination of the Contract in case of disagreement.
6. CUSTOMER SERVICE
- The Customer may receive information about the Services or any incident affecting it through the Customer Service available on the number +32 466001976 and on the website https://www.lycamobile.be/en/; customers may direct their questions by ordinary mail to the following address: Lycamobile Belgium BV Hermesstraat 8C, 1930 Zaventem, Belgium or by e-mail to cs@lycamobile.be
- Enquiries or requests relating to the application of social tariffs should be addressed to the Customer Service.
- The Customer grants full validity to the records stored on LYCA MOBILE’s systems relating to communications between LYCA MOBILE and the Customer unless proven otherwise.
7. START, SUSPENSION, RENEWAL, CANCELLATION AND PAYMENT OF THE MONTHLY BUNDLE PLAN
- A Customer who wishes to avail a Monthly Bundle Plan shall:
- must ensure that it has set up and has in place a valid payment mechanism at all times, including at the time of signature of the contract and when payment of your invoice is due.
- after that, proceed with the payment of the Monthly Bundle Plan.
The default method of payment of both payments is the direct debiting to a bank account or the bank account that the Customer has indicated, committing itself to always maintain a sufficient balance in said account. However, an alternative method of payment can be agreed between the parties among those commonly used in commercial traffic. To use this option please contact the Customer Service.
The Customer shall be notified through SMS or email on the successful or failed registration of the Monthly Bundle Plan.
- LYCA MOBILE will start providing the Services from the moment the Contract is signed and the Post Paid Sim Card is inserted into a handset and activated.
- Unless expressly stated otherwise, the Contract will be a Monthly Rollover Contract. If a Customer opts for a Fixed-Term Contract, the Contract shall be automatically renewed as a Monthly Rollover Contract at the end of the term. No later than one month prior to date of the automatic renewal of a Fixed-Term Contract, LYCA MOBILE will inform the customer of the renewal and of the Customer’s right to terminate the Contract, in accordance with article 7.4 of these general terms and conditions.
- The Customer has the right to terminate the Contract at any time. Such right of termination can be exercised through any written means and without any statement of reasons. LYCA MOBILE will terminate the provision of the Services on the date chosen by the Customer. If the Customer does not indicate a date, LYCA MOBILE will terminate the Service upon a notice period of 30 days. LYCA MOBILE shall send a written notification to the Customer indicating the termination date of the Contract. The Customer shall remain liable with respect to LYCA MOBILE for all amounts due to it until the termination of the Contract. LYCA MOBILE may claim compensation for the early termination of a Fixed-Term Contract, unless the Contract is terminated after the sixth month following the entry into force of the Contract. In such case, the early termination fee will be the amount normally due until the end of the sixth month following the entry into force of the Contract.
- In the event that the Customer fails to comply with the obligations of this Contract or the requirements that may be established for a reasonable use of the Service as described in the LYCA MOBILE Acceptable Use Policy, the Service can be temporarily suspended, provided that a prior notice has been given to the Customer and that the breach has not been remedied. This temporary suspension will last a maximum of 90 days within an annual period.
In case of lack of payment, LYCA MOBILE will send a written reminder to the Customer at no cost. If the Customer does not pay within the notified deadline, LYCA MOBILE may, after providing the Customer a formal warning, put in place a “minimum service”, that only allows the Customer to call emergency services, to only receive incoming calls or might switch the Customer to a prepaid tariff. A new reminder will be sent to the Customer, inviting him to pay within the specified term. If the Customer does not pay within this new term, LYCA MOBILE may fully suspend the Services and unilaterally terminate the Contract by written notice and without prior intervention of a court.
In case the breach or lack of payment only affects the internet service or additional pricing services, the suspension would only affect said services.
The temporary suspension of the telephone services will not affect the possibility to receive incoming phone calls or to make emergency calls to the emergency numbers established by the public authorities. - The suspension shall end when LYCA MOBILE ascertains that the Customer has fulfilled its obligations. The Customer must meet the costs of restoring the Services which can be up to 30 Euros. The suspension of the Service does not exempt the Customer from any of the obligations to which it is committed in this Contract. The Customer shall have the rights indicated by the legislation in force, unless the disconnection is due to a cause attributable to the Customer.
In case that said circumstances only affect the internet service or additional pricing services, the cancellation would only affect said services.
8. CUSTOMER RIGHTS
- The Customer may request LYCA MOBILE, through Customer Care Services, to disconnect it from international calling services, higher rate services and additional rate services.
- Disconnection shall take place within ten (10) days of the Customer’s request. In the event that, for reasons not attributable to the Customer, the disconnection is not carried out within ten (10) days of the request for disconnection, LYCA MOBILE shall bear the costs of the service for which disconnection has been requested but not carried out.
- The Customer may request his number to be transferred to another operator by contacting the latter up to 1 month after the date of termination of his Contract related to this number. The new operator shall take the necessary actions with LYCA MOBILE on behalf of the Customer regarding the transfer of the number and the end of the contractual relationship between the Customer and LYCA MOBILE. LYCA MOBILE will keep providing Services to the Customer under the conditions established in the Contract until the new operator activates its services for the Customer. To this end, LYCA MOBILE will cooperate with the new operator in good faith.
9. RIGHT TO WITHDRAWAL
- This article 9 applies if and only if you contract with LYCA MOBILE, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
- You may cancel a Contract entered into with LYCA MOBILE through the LYCA MOBILE website, at any time within the period:
- beginning upon the day on which the Contract is entered into; and
- ending at the end of 14 days after the day on which the Contract is entered into, subject to Section 9.3. You do not have to give any reason for your withdrawal or cancellation.
- You agree that LYCA MOBILE may begin the provision of Services before the expiry of the period referred to in Section 9.2, and you acknowledge that, if LYCA MOBILE does begin the provision of Services before the end of that period, if the Services are partially performed at the time of cancellation, you must pay to LYCA MOBILE an amount proportional to the Services supplied or LYCA MOBILE may deduct such amount from any refund due to you in accordance with this article 9.
- In order to cancel a contract on the basis described in this article 9, you must inform LYCA MOBILE of your decision to withdraw or cancel (as the case may be). You may inform LYCA MOBILE by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that LYCA MOBILE will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- If you cancel a contract, on the basis described in this article 9, you will receive a full refund of any amount you paid to LYCA MOBILE in respect of the offer or contract, except as specified in this article 9.
- LYCA MOBILE will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
- LYCA MOBILE will process the refund due to you as a result of a cancellation on the basis described in this article 9 without undue delay and, in any case, within the period of 14 days after the day on which LYCA MOBILE is informed of the cancellation.
10. RESPONSIBILITY OF THE CUSTOMER
- The Customer shall not use the Services for the following activities:
- Any inappropriate, immoral, fraudulent or illegal purpose or for the sending of any communication or for storing any information that is offensive, abusive, indecent, obscene or threatening in nature;
- Causing, or unknowingly allowing others to cause, any malicious or annoying call to either LYCA MOBILE or any of LYCA MOBILE’s customers or others, including using the Network to send unsolicited insistent communications without reasonable cause;
- For the purpose of causing damage or harm to the operation of the Network over which the Services are provided; and
- The storage or distribution of information that does not belong to the Customer and that may be deemed to infringe the rights of a third party including the copyright of another person or other intellectual property rights (unless you have the prior consent of such third party).
- At the time of purchase of a LYCA MOBILE Postpaid SIM Card or Monthly Bundle Plan, the Customer may be asked to register with LYCA MOBILE, asking the Customer to provide personal information including name, address, date of birth, nationality, etc. The Customer acknowledges that providing false information is a fraudulent act and if LYCA MOBILE concludes that such personal information is false, it shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Contract without prior notice and with immediate effect. If Lyca Mobile terminates this Contract for this reason, your Postpaid SIM Card will be deactivated. If the Postpaid 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.
- Customers must notify LYCA MOBILE of any changes to their personal data so that the data maintained by LYCA MOBILE is up to date.
- Customers shall be liable for damages of any kind caused to LYCA MOBILE or third parties by the use or misuse of LYCA MOBILE’s Postpaid SIM Card Monthly Bundle Plan, or for damages caused to any mobile telephony device, and shall compensate LYCA MOBILE for the damage they cause, including minor damages.
- In the event of loss or theft of the LYCA MOBILE Postpaid SIM Card, it shall be the Customer’s responsibility to notify LYCA MOBILE as soon as this loss or theft is discovered, as well as to prevent someone else from using the Postpaid SIM Card. The Customer shall be solely responsible for the SIM Card and may not claim any refund from LYCA MOBILE for the loss or theft thereof.
- The Customer warrants that their credit or debit card and bank account details registered with LYCA MOBILE are true. The Customer will communicate any changes to such details without any unreasonable delay.
- The Customer shall ensure that the credit or debit card and bank account provided has sufficient credit or balance at all times to cover the amount due.
11. BILLING
- You have the right to a billing which duly differentiates the concepts of prices charged for the Services provided.
- In your first bill, you will be charged your first and second month of the Monthly Bundle Plan. Your first bill may also include a prorated amount from the date you connected to the date of your first bill.
- You may choose to purchase additional data from time to time, as specified in article 4.2 of these general terms and conditions. The charges will not be applied to your monthly bill and you will have to pay for the additional services or data at the time of purchase.
- All payments are to be made by the prescribed due date. Payment beyond due date shall entail late fees as prescribed by LYCA MOBILE.
- In the case of any delay or non-payment beyond the due date exceeding LYCA MOBILE reserves the right to the temporary suspension of the Services or cancellation of the contract as set forth in clause 7.5 above. For restoring the Services, you shall have to apply for reactivation of the connection, after making the due payment and the applicable connection charges.
12. PROTECTION OF CUSTOMER DATA AND PERSONAL INFORMATION.
- LYCA MOBILE processes personal data relating to its Customers, e.g. identification data, contact data, data on the Customer’s use of LYCA MOBILE Services, data on the Customer’s communication traffic, billing and payment data, and technical data. In this context, LYCA MOBILE acts as a data controller.
- The Customer’s personal data is processed for the following purposes:
- The performance of the Contract with the Customer and the delivery of the Services requested by the Customer, as well as the administration and management of the relationship with the Customer; This requires LYCA MOBILE to process your contact data, such as your name and address, and the personal data related to your billing and payment data.
- Conducting informational and promotional campaigns for other products and services offered by LYCA MOBILE, when the Customer has provided its prior consent to receive such information;
- The improvement and development of the LYCA MOBILE Services contracted to by the Customer; LYCA MOBILE relies on its legitimate interest to process your personal data for such purposes.
- LYCA MOBILE’s files may be accessible to third parties who work in the name or on behalf of LYCA MOBILE. In the cases stipulated by law, LYCA MOBILE shall hand over Customer data if requested to do so by the government services. The Customer has the right to access, correct and delete any data that relates to him. For further information about the processing of personal data by LYCA MOBILE, the purposes of the processing, the categories of personal data concerned, the data collection method, the retention period of the personal data, and the way in which the Customer can exercise his rights and set his privacy preferences, please refer to LYCA MOBILE’ privacy policy which is available on https://www.lycamobile.be/en/help/lycamobile-privacy-policy/
13. QUALITY AND TEMPORARY INTERRUPTION OF SERVICES.
- LYCAMOBILE shall provide the Service subject to the quality obligations set forth in applicable law. If the Customer has any doubt or complaint regarding the quality of the Service, he/she should contact the Customer Care Services.
- In the event of a temporary interruption of the Service, the Customer shall be entitled to compensation
- LYCAMOBILE undertakes that, except in the case of force majeure, interruptions in the Service arising from technical incidents or network maintenance activities shall not exceed eight (8) hours during a month. For each hour exceeding such commitment, LYCAMOBILE shall increase the amount of damages provided. In order to claim compensation, the customer must submit their claim for compensation to LYCAMOBILE’s Customer Service within one month of the restoration of Service. If damages are due and payable, LYCAMOBILE will credit the Customer’s account in the form of a credit at connection time.
- In the event that of interruptions of the Internet access service during a billing period, the Customer will be entitled to a compensation consisting in the refund of the corresponding fees, prorated for the time the interruption has lasted. The compensation will be applied automatically, in the invoice corresponding to the period immediately following the one under consideration, when the interruption of the service has occurred in a continuous or discontinuous manner, and is greater than six hours in hours from 8 a.m. to 10 p.m.
- LYCAMOBILE reserves the right to take the necessary measures, on its own initiative and without prior notice, in the event that the security, integrity or proper functioning of its Services are or may be jeopardized or in the event of fraud or abuse without LYCAMOBILE being liable for any compensation. Such measures may include the activation of protective measures or the suspension or limitation of the Customers’ access to the Service. LYCAMOBILE shall not be liable to the Customer for any consequences that may result from the implementation of such measures.
- No damages shall be payable for interruption of the Service resulting from a serious breach of Contract by the Customer or for damage caused to the network resulting from the Customer’s connection of devices whose compatibility with regulations has not been assessed.
- In interruptions due to force majeure, LYCAMOBILE will automatically compensate the Customer with the refund of the amount of the monthly fee and others independent of the traffic, prorated for the time the interruption would have lasted.
14. LYCA MOBILE'S LIABILITY
- LYCA MOBILE shall be liable for damage to or loss of content of calls or SMS messages sent or received by the Customer provided that it can be demonstrated that LYCA MOBILE directly caused such damage or loss, in which case the Customer may seek the corresponding compensation in accordance with Belgian law.
- LYCA MOBILE shall not be liable for damages caused by the intervention of a third party, including governmental, regulatory or administrative bodies.
- LYCA MOBILE shall not be liable for indirect or intangible damages, such as additional costs, loss of revenue over profits, loss of customers, loss of or damage to data and loss of contracts caused by the malfunctioning of the service unless determined by applicable law.
- LYCA MOBILE shall have no liability in the event of loss, theft or fraudulent or unlawful use of the LYCA MOBILE Postpaid SIM Card or Monthly Bundle Plan by LYCA MOBILE Customers. In addition, LYCA MOBILE shall not be liable to issue refunds used by LYCA MOBILE Customers or by any other person when a Customer does not have control of the LYCA MOBILE Postpaid SIM Card or Monthly Bundle Plan and LYCA MOBILE has not been notified of this fact. In addition, LYCA MOBILE cannot be held responsible for any consequences resulting from the use of services related to a LYCA MOBILE POST PAID SIM Card or Monthly Bundle Plan.
- If the Customer suffers damage due to the malfunctioning of the Network or due to deficiencies in the execution of the Services, LYCA MOBILE may be liable in the case of damage.
- If a Customer suffers damage, theft, damage or loss, he must notify LYCA MOBILE in writing as soon as possible.
- LYCA MOBILE shall not be liable to perform any obligation or provide the Services in cases of force majeure, for example, any factor beyond its control, including but not limited to, assumptions of natural events, labor protest measures, breach or default of a third party, war, governmental action or by any law or decision made by a court of competent jurisdiction.
15. CONTRACTUAL AMENDMENTS
- This contract may be modified prior a formal notice by LYCA MOBILE to the Customer within one (1) month in advance via; MMS; SMS, e-mail or other available means, when there is a change in the Services, its conditions and applicable regulations, or a change in the market. In such case, the Customer shall have and will be notified of the right to terminate the contract in accordance with article 7.4 of these general terms and conditions.
- LYCA MOBILE shall be entitled to assign any or all of its rights and obligations under these general terms and conditions to any third party.
16. COMPLAINTS, LITIGATION AND APPLICABLE LEGISLATION
- Notwithstanding clause 17.3, any complaint or dispute between the Customer and LYCA MOBILE concerning the provision of the Services must first be made to LYCA MOBILE’s Customer Service using the contact details provided in clause
- In order to make complaints regarding the Services, the Customer must address LYCA MOBILE, within one (1) month from the time he becomes aware of the fact giving rise to his complaint. Upon receipt of the complaint, LYCA MOBILE shall provide the Customer with the relevant reference number and investigate the complaint.
- The Customer has the right to address his complaint at the ombudsman for telecommunications (http://www.ombudsmantelecom.be/nl/onthaal.html?IDC=36 without prejudice to going to court
- The inability of LYCA MOBILE or the Customer to assert its rights under this Agreement shall not prevent LYCA MOBILE or the Customer (whichever the case) from taking additional measures.
17. SUBSCRIBER DIRECTORIES
If the customer requests that his/her data be included in the subscriber directories, LYCA MOBILE will communicate those data that the Customer considers to the Telecommunications Market Commission so that the latter makes them available to the entities that prepare the directories and/or provide information services.
18. EMERGENCY SERVICES
LYCA MOBILE provides the customer with free access to emergency services, as well as information on the location of the person making the call, depending on the capacity of the systems of the area in which the Customer is at the time of calling these services, and the capacity of the Network Operator supplying the lines to LYCA MOBILE.
19. UNIQUE GENERAL CONDITIONS
The present general conditions replace any other previous general conditions that differ in their content and/or obligations, which, if applicable, will be without effect.
20. DATA PROTECTION AND PERSONAL DATA
20.1 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.
20.2 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.
20.3 By registering or activating an Account with Lyca Mobile, you consent to Lyca Mobile collecting, processing and sharing Personal Data provided by you or generated in the course of supplying the Services to you, including details of voice calls, messages or data that you have sent (“Traffic Data”) and the geographic position of your GSM mobile telephone (“Location Data”) for the purpose of:
supplying the Products and Services to you,
the administration of your Account by the Customer Services Department
providing you with service information, for example about Network faults
the prevention or detection of fraud
market research and profiling your usage and purchase preferences, and
complying with applicable laws and regulations.
20.4 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.
20.5 Lyca Mobile may also need to transfer your Personal Data to processors, for example, our service providers, in countries outside the European Economic Area. For example, Lyca Mobile uses a 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 the EU, we will take steps to ensure your privacy rights are at least as compliant with the requirements of EU law, 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.
20.6 Lyca Mobile may use third party software which modifies the advertising content on website pages you choose to view when using our data Services. A persistent cookie is placed on your device which enables our third-party software provider to collect anonymous data for statistical reporting purposes to Lyca Mobile. To ensure the privacy of your data, only pseudonymized and/or anonymous data is collected or shared with such third parties and no personally identifiable data is ever shared. Please view our cookie policy for specific guidance on disabling cookies if you do not wish to have your anonymous data used in this way.
20.7 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.
20.8 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.
20.9 Lyca Mobile and other Lyca companies may contact you by post, telephone, e-mail or SMS to let you know about products and services offered by Lyca Mobile, other Lyca group companies or selected third parties, 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 requesting to be put on a designated list. You may make this request by contacting the Customer Services Department or by sending an e-mail to unsubscribe@lycamobile.com
Please view our privacy policy for specific guidance on disabling cookies if you do not wish to have your anonymous data used in this way.
Acceptable Use Policy
- You agree to use the SIM Card in a compatible GSM mobile telephone for the purpose of using the Services.
- 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 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 the use of any bundle or plan that includes ‘unlimited’ calls or texts provided as part of the service exceeds the amount reasonably expected of a person using the service for personal purposes, we reserve the right to restrict your service.
- Lyca Mobile 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”.