Terms & Conditions

1.1 Account: the mobile telephone account registered or activated by a Customer that Lyca Mobile 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 Lyca Mobile and a Customer, under which Lyca Mobile 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 Lyca Mobile, 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 Lyca Mobile that a Customer may contact for any enquiries about the Products or Services. A Customer may contact the Customer Services Department in several ways:

• Calling the Customer service on 1100 from Lyca Mobile

• Calling the Customer Service on +380916000110 from another phone (charges apply)

• Sending an email to

cs@lycamobile.ua

• Sending a query through the website

www.lycamobile.ua

1.6 Lyca Mobile: Lyca Mobile Ukraine, Limited Liability Company (registered number 41317168).

1.7 Network: The telecommunications networks used by Lyca Mobile to provide the Services to Customers.

1.8 Parties: Lyca Mobile and a relevant Customer with whom the Agreement was made.

1.9 Personal Data: personal information that Customers provide to Lyca Mobile or that Lyca Mobile 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 Lyca Mobile processes the Customers’ Personal Data. The current Privacy Policy is available at the Website.

1.11 Products: The Lyca Mobile SIM Card and Lyca Mobile Top-Up Voucher (as defined below) and any other products offered by Lyca Mobile, 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 Lyca Mobile 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 Lyca Mobile at www.lycamobile.ua .

2.1 In consideration of payments of the Charges by a Customer, Lyca Mobile will provide the Services and Products to such Customer subject to the terms and conditions of the Agreement.

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. Lyca Mobile 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 Lyca Mobile.

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 Lyca Mobile will only replace a SIM Card free of charge where it is found to be defective by reason of faulty workmanship or design. Lyca Mobile may charge the Customer for a replacement SIM Card where Lyca Mobile 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 Lyca Mobile 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), Lyca Mobile will contact the Customer by SMS or e-mail advising the Customer that a SIM Card will be deactivated and the Agreement is terminated. Lyca Mobile 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.

5.1 The Charges shall be set up by Lyca Mobile 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 Lyca Mobile. 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:

• a) 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.

• b) A Customer may register the Customer’s details with Lyca Mobile, purchase a Top-Up Voucher online and activate the PIN Code by using the Online Top-Up service

• c) A Customer may register the Customer’s details with Lyca Mobile and subscribe to “My Lyca Mobile” and the Auto Top-Up Facility.

d) A Customer may register Customer’s details with Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile a text requesting Lyca Mobile Airtime Advance, then Lyca Mobile will provide a Lyca Mobile Airtime Advance and let a Customer to go further up to an additional cap (the amount of the Lyca Mobile Airtime Advance is subject to change) on condition that a Customer pay for that Lyca Mobile Airtime Advance at the beginning of the next billing cycle.

5.12 If a Customer have reached the limit of Customer’s Lyca Mobile Airtime Advance and have therefore used up all of Customer’s monthly allowance and Lyca Mobile 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 Lyca Mobile Airtime Advance, then the Customer may do so on-line and the Customer may then automatically have the Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile Airtime Advance could be made by calling our Customer Services Department on 1100 from Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile Airtime Advance will be taken at the beginning of the next billing period following the Lyca Mobile 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.

6.1 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:

• a) fraudulently or in connection with a criminal offence;;

• b) 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,

• c) to knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person,

• d) to make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative,

• e) 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,

• f) with end user equipment that is not approved for use with the Network,

• g) otherwise than in line with the conditions of the Agreement and applicable Ukrainian law.

h) *Unlimited means calls up to 3000 minutes.

6.3 If Lyca Mobile reasonably suspects that a Customer has failed to comply with any of the provisions of clause 6.2, Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile, such as Customer’s name, address, date of birth, credit card or debit card details. If Lyca Mobile determines that the Personal Data that a Customer provided is false, Lyca Mobile 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 Lyca Mobile 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 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 Lyca Mobile decide to restrict or prevent access under this paragraph, a Customer may receive a message stating that the website or service is “not available”.

7.1 Lyca Mobile will only process Customer’s Personal Data in accordance with all applicable laws and regulations, as amended from time to time.

7.2 Lyca Mobile 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 Lyca Mobile, by making the Agreement in accordance with the Terms or by registering on the Website, a Customer consents to Lyca Mobile 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:

• a) supplying the Products and Services to the Customer;

• b) the administration of Customer’s Account by the Customer Services Department;

• c) providing the Customer with service information, for example about Network faults;

• d) the prevention or detection of fraud;

• e) market research and profiling Customer’s usage and purchase preferences, and

f) complying with applicable laws and regulations.

7.4 By registering or activating an Account at Lyca Mobile, by making the Agreement in accordance with the Terms or by registering on the Website, a Customer consents to Lyca Mobile disclosing Customer’s Personal Data to third parties in accordance with the Lyca Mobile’s Privacy Policy and applicable Ukrainian law.

7.5 Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile, by making the Agreement in accordance with the Terms or by registering on the Website, a Customer consents to Lyca Mobile 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 Lyca Mobile, 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.

8.1 Without prejudice to other provisions of the Terms, Lyca Mobile 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, Lyca Mobile 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 Lyca Mobile’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.

9.1 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.

10.1 Reduction of the list of the Services, termination of the Services and temporary suspension of services may be initiated by Lyca Mobile or a Customer in compliance with the applicable Ukrainian law.

10.2 Lyca Mobile 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, Lyca Mobile 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 Lyca Mobile (during weekend or public holiday) the restriction of communication is performed during the next business day.

10.3 Lyca Mobile 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 Lyca Mobile, unless otherwise provided by applicable law.

10.4 Unless otherwise provided by applicable Ukrainian law, Lyca Mobile 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 Lyca Mobile in case of termination of the Agreement.

10.7 Termination of the Agreement may be initiated by Lyca Mobile 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 Lyca Mobile, 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 Lyca Mobile may disconnect Customer’s end user equipment in cases determined in Paragraph 56 of the Telecommunication Rules.

11.1 Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile; nor where Lyca Mobile 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. Lyca Mobile 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 Lyca Mobile, regardless of whether the Charges were incurred by a Customer or someone else.

11.8 Lyca Mobile 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. Lyca Mobile 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 Lyca Mobile 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 Lyca Mobile, including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as “force majeure”.