GENERAL TERMS AND CONDITIONS:


These general terms and conditions (the "Terms") describe the rights and obligations of Lycamobile (as defined below) and a Customer (as defined below) concerning delivery, performance and use of the Products and Services (as defined below). The Terms shall be an offer to enter into the Agreement (as defined below) addressed to unspecified potential Customers. The offer is deemed accepted by a Customer, and the Agreement is made between a Customer and Lycamobile, when a Customer registers or activates an Account (as defined below), uses the Top Up Services (as defined below) or uses the Services (as defined below), whichever occurs first. Lycamobile will start providing the Services (as defined below) to a Customer upon the date of making the Agreement.


The Terms have been made pursuant to the applicable Ukrainian law, including but not limited to Law of Ukraine "On Telecommunications" No. 1280-IV, dated 18 November 2003, as amended (the "Telecommunication Law"), the Rules for Provision and Receipt of Telecommunication Services, approved by Resolution of the Cabinet of Ministers of Ukraine No. 295, dated 11 April 2012, as amended (the "Telecommunication Rules"), the General Requirements for the Telecommunication Services Agreement, approved by Resolution of the National Commission for the State Regulation of Communications and Information (the "NCSRC") No. 624, dated 29 November 2012, as amended (the "General Requirements").


All other issues arising from the relationships between Lycamobile and Customers that are not directly regulated by these Terms and the Agreement shall be resolved in accordance with applicable Ukrainian law. Pursuant to Clause 2.1. of the General Requirements, if certain provisions of a telecommunication services agreement are similar to the provisions specified in the Telecommunication Rules or other laws, such provisions may be stipulated in the respective telecommunication services agreement by making a reference to the relevant provisions of the laws. In such case, at the Customer's request, Lycamobile will provide details of the respective provisions.


The Terms constitute an integral part of the Agreement, which are made, and could be modified, by Lycamobile unilaterally at its sole discretion. For the avoidance of any doubts, the Terms are legally binding for Customers without making a separate written agreement between Lycomobile and the relevant Customer.


If Lycamobile modifies the Terms, it will notify Customers thereon by posting the respective notice on the Website (as defined below). If a Customer disagrees with the introduced changes to the Terms, the Customer may terminate the Agreement by serving a seven-day prior notice to Lycamobile. Otherwise, it will be deemed that a Customer accepted the changes to the Terms.


The Terms shall be effective as of the date of their posting on the Website and shall remain in effect until terminated by Lycamobile.



1.
DEFINITIONS
1.1

Account: the mobile telephone account registered or activated by a Customer that Lycamobile uses to provide the Products and Services to a Customer and to administer the Customer's Personal Data (as defined below).

1.2 Agreement: telecommunication services agreement between Lycamobile and a Customer, under which Lycamobile provides the Services to a Customer in consideration of the payment for the Services by a Customer. The terms of the Agreement are set out in these Terms, respective Charges (as defined below) and accompanying background information, including but not limited to the User Guide accompanying the SIM Card (as defined below).
1.3 Charges: the tariffs applicable from time to time for the use of the Services, including any connection fees and special offers. The current tariffs are available at the Website.
1.4 Customer: any individual or legal entity that registers or activates an Account with Lycamobile, uses the Top Up Services or uses the Services, whichever occurs first. A Customer is a subscriber in accordance with applicable telecommunication law of Ukraine.
1.5 Customer Services Department: The department of Lycamobile that a Customer may contact for any enquiries about the Products or Services. A Customer may contact the Customer Services Department in several ways:
  1. Calling the Customer service on 1100 from Lycamobile
  2. Calling the Customer Service on +380916000110 from another phone (charges apply)
  3. Sending an email to cs@lycamobile.ua
  4. Sending a query through the website www.lycamobile.ua
1.6 Lycamobile: Lycamobile Ukraine, Limited Liability Company (registered number 41317168).
1.7 Network: The telecommunications networks used by Lycamobile to provide the Services to Customers.
1.8 Parties: Lycamobile and a relevant Customer with whom the Agreement was made.
1.9 Personal Data: personal information that Customers provide to Lycamobile or that Lycamobile processes about Customers while providing the Services, including but not limited to name, address, date of birth, mobile telephone number, call data records including Traffic Data (as defined below) and Location Data (as defined below), top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails, e-mail addresses, and records of Customer Services Department enquiries made by Customers.
1.10 Privacy Policy: The policy that describes how Lycamobile processes the Customers' Personal Data. The current Privacy Policy is available at the Website.
1.11 Products: The Lycamobile SIM Card and Lycamobile Top-Up Voucher (as defined below) and any other products offered by Lycamobile, including promotional products.
1.12 Roaming Services: The mobile telephone services that a Customer uses when travelling outside Ukraine.
1.13 Services: The mobile telephone services that Lycamobile provides to a Customer, including voice calling, messaging and data services, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-Up Services (as defined below), Roaming Services and the services provided by the Customer Services Department.
1.14 SIM Card: The prepaid, pre-activated card containing a microprocessor that allows a Customer to access and use the Services by inserting the SIM Card into compatible GSM end user equipment.
1.15 Top-Up Services: The services a Customer may use to add credit to the balance of the Customer's Account, including the Top-Up Voucher, Online Top-Up and Auto Top-Up.
1.16 Top-Up Voucher: A multifunction instrument (whether in physical or electronic form) containing an 11 digit code that allows a Customer to credit a Customer's Account by redeeming the face value of the voucher to use the Services.
1.17 Website: the website of Lycamobile at www.lycamobile.ua .
2. THE SERVICES (SUBJECT-MATTER OF THE AGREEMENT)
2.1 In consideration of payments of the Charges by a Customer, Lycamobile will provide the Services and Products to such Customer subject to the terms and conditions of the Agreement.
3. QUALITY
3.1 The Services are provided to a Customer 24 hour per day in quality define by applicable Ukrainian law, including but not limited, Order of the Ministry of Transport and Communications "On Specifying of Quality Levels for Mobile (Cell) Communication Services" No. 147, dated 19 March 2010.
3.2 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.
3.3 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 end user equipment chosen and used by the Customer.
3.4 The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators and providers. Lycamobile does not have any control over the contracts or service quality levels agreed between these telecommunications operators and providers.
3.5 For the reasons described above, interference or lack of connection in certain locations, or excessive traffic and communication in certain locations and at certain times, which may adversely affect the availability and signal strength shall not be deemed as improper execution of obligations by Lycamobile.
4. SIM CARD AND END USER EQUIPMENT
4.1 End user equipment is activated through inserting the SIM Card into compatible end user equipment. When the SIM Card has been inserted and Customer have registered or activated the Customer's Account, the Customer will have access to, and be able to use, the Services.
4.2 End user equipment shall be compatible with applicable Ukrainian law, including but not limited to Paragraph 20 of the Telecommunication Rules.
4.3 Lycamobile will only replace a SIM Card free of charge where it is found to be defective by reason of faulty workmanship or design. Lycamobile may charge the Customer for a replacement SIM Card where Lycamobile reasonably believes that Customer are responsible for the loss or damage of original SIM Card or where someone has stolen original SIM Card. It is Customer's responsibility to promptly inform Lycamobile of any loss, damage or theft to Customer's SIM Card, or any fraudulent or improper use of Customer's SIM Card.
4.4 If a Customer does not use his/her SIM Card to make a voice call, or send a message or data, or if a Customer does not purchase a top-up using the Top-Up Services, for a period of ninety (90) days from the date a Customer registered or activated his/her Account or the last use of the Services (whichever is later), Lycamobile will contact the Customer by SMS or e-mail advising the Customer that a SIM Card will be deactivated and the Agreement is terminated. Lycamobile will then provide a Customer with an additional thirty (30) days to make a voice call, send a message or data, or purchase a top-up using the Top-Up Services.
4.5 If a Customer makes a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, a SIM Card will remain active. Any previous credit balance in the Account will remain available for use, and a Customer will be able to access and use the Services.
4.6 If a Customer does not make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, a SIM Card will be deactivated and the Agreement will be terminated. If the SIM Card is deactivated, the Customer's specific telephone number will be reallocated to another Customer, and the previous Customer will not be able to access or use the Services, and will be entitled to a refund of a balance in the Account in accordance with applicable Ukrainian law.
5. CHARGES AND PAYMENT PROCEDURE
5.1 The Charges shall be set up by Lycamobile at its sole discretion in accordance with applicable Ukrainian law and published solely in the media or online at the Website.
5.2 A Customer is entitled to opt the most appropriate Charge from the Charges published at the Website.
5.3 The Services are prepaid services. A Customer is required to Top Up in advance so Customer's Account is in credit. As Charges are incurred they will be deducted from the amount credited to Customer's Account. No bill or invoice or statement will be issued to a Customer, unless otherwise provided by applicable Ukrainian law. A Customer may check the Customer's credit balance from time-to-time by calling the Customer Services Department.
5.4 A Customer pays for the Services by topping-up Customer's Account using any one of the Top-Up Services available from Lycamobile. A Customer may use the Top-Up Services at any time after registration or activation of Customer's Account. There are several ways that a Customer may top-up Customer's Account:
  1. A Customer may purchase a Top-Up Voucher at any participating retail outlet and activate the code by following the dialling instructions on the Top-Up Voucher. The Customer may also activate the code for a Top-Up Voucher purchased at a participating retail outlet by using the Online Top-Up Service.
  2. A Customer may register the Customer's details with Lycamobile, purchase a Top-Up Voucher online and activate the PIN Code by using the Online Top-Up service
  3. A Customer may register the Customer's details with Lycamobile and subscribe to "My Lycamobile" and the Auto Top-Up Facility.
  4. A Customer may register Customer's details with Lycamobile and then contact the Customer Services Department.
5.5 The process of registration determined in Clause 5.4. shall not be deemed as registration of the Customer by Lycamobile within the meaning of the Order of Registration of Subscribers Who Receive Telecommunication Services Without Signing an Agreement in Writing approved by Resolution of the NCCIR No. 393 ,dated 11 August 2011, (the "Order of Registration").
5.6 Interest is not payable on any credit balance in Customer's Account. Each time a Customer use the Services (or someone else uses Customer's end user equipment) the credit balance in Customer's Account will be reduced in compliance with the Charge chosen by a Customer.
5.7 The credit balance in the Account may only be used for the Services. A Customer is not entitled to receive any cash refund for any credit balance remaining in the Account at any time, unless a Customer is entitled receive cash refund under the conditions laid down in Paragraph 76 of the Telecommunication Rules, provided that a Customer was registered by Lycamobile in accordance with Order of Registration.
5.8 A Customer will only be charged for the tariff a Customer have chosen at the beginning of each billing cycle.
5.9 A Customer may need to top up or make a payment using a debit/credit card.
5.10 If a Customer reaches the limit of Customer's prepaid allowance, a Customer may Top Up as usual and/or when applicable ask for a Lycamobile Airtime Advance which a Customer can pay for later – at the beginning of the next billing cycle.
5.11 If a Customer goes over Customer's plan allowance or other usage in any month and a Customer send to Lycamobile a text requesting Lycamobile Airtime Advance, then Lycamobile will provide a Lycamobile Airtime Advance and let a Customer to go further up to an additional cap (the amount of the Lycamobile Airtime Advance is subject to change) on condition that a Customer pay for that Lycamobile Airtime Advance at the beginning of the next billing cycle.
5.12 If a Customer have reached the limit of Customer's Lycamobile Airtime Advance and have therefore used up all of Customer's monthly allowance and Lycamobile Airtime Advance, then a Customer can still enjoy further Services by Top Up. Even if a Customer do not Top Up, a Customer will still be able to enjoy receiving calls and texts and enjoys his/her rights stipulated by applicable law, e.g. to call the emergency services etc .
5.13 If for Customer's convenience the Customer wish to switch off the text request feature for the Lycamobile Airtime Advance, then the Customer may do so on-line and the Customer may then automatically have the Lycamobile Airtime Advance available to the Customer on the same conditions of payment as above, without the need to text and request it every time Customer's prepaid allowance is reached.
5.14 If a Lycamobile Airtime Advance is taken, it is provided on condition that it is paid for fully at the beginning of the next billing cycle.
5.15 Customer's Charge will be deducted at the beginning of each billing cycle. Recurring monthly bill Payment may be taken from the debit/credit card used to make a payment. Payments for the other usage can be made using debit/credit card too. The name and the address of the card holder should be same as the registered account holder.
5.16 Payments for the other charges such as the Lycamobile Airtime Advance could be made by calling our Customer Services Department on 1100 from Lycamobile or +380916000110 - from another phone(Charges apply).
5.17 If a Customer changes Customer's name, address, telephone number or payment details or there are any other changes to Customer's bank account which may affect Customer's payment of the Charge the Customer must let the Lycamobile know within a reasonable period of time.
5.18 Billing period is set out in the relevant Charge taking into account requirements of applicable Ukrainian law.
5.19 Payment for the Lycamobile Airtime Advance will be taken at the beginning of the next billing period following the Lycamobile Airtime Advance in any month.
5.20 Benefits established by applicable Ukrainian law are granted to a Customer in accordance with Paragraph 63 of the Telecommunication Rules and other applicable law.
6. ACCEPTABLE USE POLICY
6.1 A Customer agrees to use the SIM Card in compatible end user equipment for the purpose of using the Services.
6.2 A Customer agrees not to use the SIM Card or the Services and not to permit another person to use Customer's SIM Card or the Services:
  1. fraudulently or in connection with a criminal offence;;
  2. 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,
  3. to knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person,
  4. to make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative,
  5. 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,
  6. with end user equipment that is not approved for use with the Network,
  7. otherwise than in line with the conditions of the Agreement and applicable Ukrainian law.
  8. *Unlimited means calls up to 3000 minutes.
6.3 If Lycamobile reasonably suspects that a Customer has failed to comply with any of the provisions of clause 6.2, Lycamobile shall have the right to suspend, partially or fully, a Customer's access to the Services and/ or terminate the Agreement without prior notice and with immediate effect unless otherwise provided by applicable law. If Lycamobile terminates the Agreement for this reason, Customer's SIM Card will be deactivated. If the SIM Card is deactivated, Customer's specific telephone number will be reallocated to another Customer, a Customerwill not be able to access or use the Services.
6.4 Upon activation of a SIM Card, the purchase of a Top-Up Voucher or the use of the Top-Up Services, a Customer may be required to register the Customer's Personal Data with Lycamobile, such as Customer's name, address, date of birth, credit card or debit card details. If Lycamobile determines that the Personal Data that a Customer provided is false, Lycamobile shall have the right to suspend, partially or fully, Customer's access to the Services and/ or terminate the Agreement without prior notice and with immediate effect unless otherwise provided by applicable law. If Lycamobile terminates the Agreement for this reason, Customer's SIM Card will be deactivated. If the SIM Card is deactivated, Customer's specific telephone number will be reallocated to another Customer, a Customer will not be able to access or use the Services.
6.5 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 Lycamobile decide to restrict or prevent access under this paragraph, a Customer may receive a message stating that the website or service is "not available".
7. DATA PROTECTION AND PERSONAL DATA
7.1 Lycamobile will only process Customer's Personal Data in accordance with all applicable laws and regulations, as amended from time to time.
7.2 Lycamobile has implemented appropriate technical and organisational security measures to protect Customer's Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful processing.
7.3 By registering or activating an Account at Lycamobile, by making the Agreement in accordance with the Terms or by registering on the Website, a Customer consents to Lycamobile processing of the Personal Data provided by a Customer or generated in the course of supplying the Services to a Customer including details of voice calls, messages or data that a Customer have sent (the "Traffic Data") and the geographic position of Customer's end user equipment (the "Location Data") in accordance with Law of Ukraine "On Protection of Personal Data" № 2297-VI, dated 01 June 2010, as amended (the "Personal Data Law"), for the purpose of:
  1. supplying the Products and Services to the Customer;
  2. the administration of Customer's Account by the Customer Services Department;
  3. providing the Customer with service information, for example about Network faults;
  4. the prevention or detection of fraud;
  5. market research and profiling Customer's usage and purchase preferences, and
  6. complying with applicable laws and regulations.
7.4 By registering or activating an Account at Lycamobile, by making the Agreement in accordance with the Terms or by registering on the Website, a Customer consents to Lycamobile disclosing Customer's Personal Data to third parties in accordance with the Lycamobile's Privacy Policy and applicable Ukrainian law.
7.5 Lycamobile may from time to time monitor or record Customer's 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.
7.6 In case of processing Lycamobile of the Personal Data provided by a Customer, the Customer enjoys the rights prescribed in Article 8 of the Personal Data Law.
7.7 By registering or activating an Account at Lycamobile, by making the Agreement in accordance with the Terms or by registering on the Website, a Customer consents to Lycamobile and other Lyca companies to contact the Customer by post, telephone, e-mail or SMS to let the Customer know about products and services offered by Lycamobile, other Lyca group companies or selected third parties, including any special offers and promotions, which may interest the Customer. If the Customer does not wish to receive this information or be contacted in this way, the Customer may at any time, free of any charge, opt out of this direct marketing by requesting to be put on a designated list. The Customer may make this request by contacting the Customer Services Department or by sending an e-mail to cs@lycamobile.ua.
8. RIGHTS AND OBLIGATIONS OF LYCAMOBILE
8.1 Without prejudice to other provisions of the Terms, Lycamobile as provider of the Services shall have the rights envisaged by Article 38 of the Telecommunication Law, Paragraph 38 of the Telecommunication Rules and, if applicable, Subparagraph 3.6.1. of Paragraph 3.6 of the General Requirements.
8.2 Without prejudice to other provisions of the Terms, Lycamobile as provider of the Services shall accrue the obligations envisaged by Article 39 of the Telecommunication Law, Paragraphs 39, 49, 50 and 51 of the Telecommunication Rules and, if applicable, Subparagraph 3.6.2. of Paragraph 3.6 of the General Requirements.
8.3 The Customer is notified on all matters provided for by Paragraphs 49, 50 and 51 of the Telecommunication Rules and Subparagraph 3.5.12. of Paragraph 3.5. of the General Requirements with Lycamobile's messages containing all relevant information and citing the Website and/or telephone number within a reasonable period of time unless otherwise provided by law.
9. RIGHTS AND OBLIGATIONS OF A CUSTOMER
9.1 Without prejudice to other provisions of the Terms, a Customer as recipient of the Services shall have the rights envisaged by Article 32 of the Telecommunication Law, Paragraph 35 of the Telecommunication Rules and, if applicable, Subparagraph 3.6.3. of Paragraph 3.6 of the General Requirements.
9.2 A Customer enjoys the right to transfer his number to a network of the other operator. This right may be exercised in accordance with the procedure to be approved by the NCCIR.
9.3 Without prejudice to other provisions of the Terms, a Customer as recipient of the Services shall accrue the obligations envisaged by Article 33 of the Telecommunication Law, Paragraph 36 of the Telecommunication Rules and, if applicable, Subparagraph 3.6.4. of Paragraph 3.6. of the General Requirements.
10. PROCEDURE OF TEMPORARY SUSPENSION, TERMINATION OF THE SERVICES AND REDUCTION OF THE LIST OF SERVICES
10.1 Reduction of the list of the Services, termination of the Services and temporary suspension of services may be initiated by Lycamobile or a Customer in compliance with the applicable Ukrainian law.
10.2 Lycamobile can temporarily discontinue servicing as initiated upon written application from a Customer in order and under conditions, stipulated by Paragraph 54 of the Telecommunication Rules. Should that be the case, Lycamobile restricts communication upon application from a Customer filed in person or remotely via means of communication, telephone call to the Customer Services Department or otherwise on the day of receipt of the application or as specified in the application. In case the application is received in the official non-business hours of Lycamobile (during weekend or public holiday) the restriction of communication is performed during the next business day.
10.3 Lycamobile may temporarily discontinue servicing in other cases stipulated by paragraph 54 of the Telecommunication Rules. Should this happen, the fee for the maintenance of number in the mobile network is charged according to the Charges defined by Lycamobile, unless otherwise provided by applicable law.
10.4 Unless otherwise provided by applicable Ukrainian law, Lycamobile suspend provision of the Services for the period of time appropriate for exclusion cause of such suspension.
10.5 Resume of the Services is made within a reasonable period of time or in time laid down by applicable Ukrainian law.
10.6 Termination of the Services is made by Lycamobile in case of termination of the Agreement.
10.7 Termination of the Agreement may be initiated by Lycamobile or a Customer pursuant to applicable Ukrainian law.
10.8 If termination of the Agreement is initiated by a Customer, it is exercised in accordance with Subparagraph 1 of Paragraph 55 or Paragraph 551 of the Telecommunication Rules.
10.9 If termination of the Agreement is initiated by Lycamobile, it is exercised in accordance with Subparagraph 2 paragraphs 55 of the Telecommunication Rules. That being the case, the termination of the Agreement exercised within a reasonable time unless otherwise provided by applicable Ukrainian law.
10.10 Lycamobile may disconnect Customer's end user equipment in cases determined in Paragraph 56 of the Telecommunication Rules.
11 LIABILITY OF LYCAMOBILE AND A CUSTOMER
11.1 Lycamobile and a Customer shall be bound to duly fulfill the Agreement and abide by the laws of Ukraine. Failure or improper fulfillment of the Agreement entails liability provided by the laws of Ukraine.
11.2 Liability of a Customer is set out by Article 36 of the Telecommunication Law and paragraph 37 of the Telecommunication Rules, as well as in other applicable Ukrainian law.
11.3 Liability of Lycamobile is set out by Article 40 of the Telecommunication Law and paragraph 40 of the Telecommunication Rules, as well as in in other applicable Ukrainian law.
11.4 Lycamobile is not responsible for damage or loss or inconvenience incurred by a Customer and that results from the content of any voice call, message or data sent or received by a Customer.
11.5 Lycamobile is not responsible for damage or loss or inconvenience incurred by a Customer and that results from the involvement of a third party, including governmental, judicial or administrative bodies.
11.6 Lycamobile is not responsible for any damage or loss incurred by a Customer where such damage or loss is indirect or not a reasonably foreseeable result of a breach by Lycamobile; nor where Lycamobile is not at fault or to the extent a Customer has contributed to the damage or loss.
11.7 In the event Customer's SIM Card is lost or stolen, or a Customer believes that the SIM Card is being used in a fraudulent or improper manner by another person, a Customer must promptly contact the Customer Services Department. Lycamobile will then be able to block the use of Customer's SIM Card and temporary suspense to provide the Services for no longer than thirty (30) calendar days in order established in Paragraph 24 of the Telecommunication Rules. If a Customer fails to promptly contact the Customer Services Department, a Customer will be liable for all Charges relating to the use of the SIM Card until a Customer does notify Lycamobile, regardless of whether the Charges were incurred by a Customer or someone else.
11.8 Lycamobile is not responsible for the failure of any retail outlet to properly activate Customer's SIM Card or Top-Up Voucher or process any payment a Customer made. In these cases, a Customer should contact the retail outlet where a Customer obtained the SIM Card or purchased the Top-Up Voucher and request a refund.
11.9 A Customer 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 a Customer and that results from any accident caused by the use of a mobile telephone while driving a motor vehicle.
11.10 Nothing in the Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party's negligence, liability arising under the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII, dated 12 May 1991, as amended, 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.
11.11 Lycamobile is not responsible for any damage or loss or inconvenience incurred by a Customer, 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".
12. MISCELLANEOUS
12.1 The Agreement contains the whole agreement between Lycamobile and a Customer relating to the Products and Services and supersedes any previous written or oral agreement and any other communications between Lycamobile and the respective Customer. A Customer unconditionally consents with the Terms, relevant Charge and accompanying background information, including but not limited to the User Guide accompanying the SIM Card. By entering into the Agreement a Customer confirms that he/she became familiarized with information stipulated by Paragraph 15 of the Telecommunication Rules , including but not limited to these Terms, Lycamobile's Privacy Policy etc. Retail outlets are not authorised by Lycamobileto amend the Agreement or to agree any terms which are inconsistent with these Terms.
12.2 The Agreement shall become effective when a Customer registers or activates an Account, uses the Top Up Services or uses the Services (, whichever occurs first, and shall remain effective until it is terminated by Lycomobile or a Customer in accordance with the Terms or applicable Ukrainian law.
12.3 Failure or delay by either Lycamobile or a Customer to enforce any right under the Agreement shall not prevent Lycamobile or a Customer (as the case may be) from taking further action.
12.4 If any term or condition of the 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.
12.5 The Terms shall be determined solely by Lycamobile at its discretion and may be change unilaterally by Lycamobile with further notification of Customers at the Website. In case of disagreement of a Customer with amendments made to the Terms, the Customer may terminate the Agreement within seven calendar days. Failure to terminate the Agreement and continuation of use of the Service shall be deemed as acceptance of the amendments to the Terms by the Customer.
12.6 The Terms are effective as of the date of their publication on the Website and shall be effective until their abolishment by Lycamobile.
12.7 The Agreement is governed by Ukrainian law and the Ukrainian courts will have exclusive jurisdiction over any dispute under the Agreement
12.8 Lycamobile is entitled to assign all of its rights and obligations under this Agreement to a third party without consent of a Customer. A Customer is entitled to assign all of his/her rights and obligations under this Agreement to a third party with the written consent of Lycamobile.
12.9 A Customer may call the emergency services round the clock and free of charge, namely: fire service (101), police (102), ambulance (103), gas emergency services (104) and emergency services (112);
12.10 Contact details of Lycamobile
Lycamobile Ukraine, Limited Liability Company
  1. Identification code: 41317168;;
  2. Registered address:
    51-В Bogdana Khmelnitskogo Street
    Office 32
    Kiev 01030
  3. Correspondence address:
    19A Kreshchatik Street
    Kyiv, Ukraine, 01001;
  4. Tel.: +38-098-707-0750;
  5. E-mail: product@lycamobile.ua;
  6. Website: www.lycamobile.ua.
12.11 Contact details of the National Commission for the State Regulation of Communications and Informatization
  1. Correspondence address: 22 Khreshchatyk Street, the city of Kiev, 01001;
  2. Tel.: +38 (044) 202 00 68 .;
  3. E-mail: e_zvernen@nkrzi.gov.ua ;
  4. Website: http://www.nkrzi.gov.ua
12.12 Lycamobile is included in the Register of Operators and Providers of Telecommunication Services by virtue of Resolution of the NCSRC No. 339, dated 4 July 2017.

 

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