TERMS OF SERVICE – PRE-PAID

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TERMS OF SERVICE – PRE-PAID

A. IDENTIFICATION OF PROVIDER

Lyca Mobile Portugal, LDA

Headquarters: Av. João Crisóstomo, Nº 24, 1050-127 Lisboa

Registered at the Lisbon Commercial Registry Office under NIPC 510 092 942

Share Capital: € 5,000.00

Contact Telephone: Dial 1632 from a Lyca Mobile Account or dial 26 500 16 32 from any other
telephone

Assistance: Free of charge from a Lyca number. For calls originating from other networks
the applicable tariff of the respective network applies.

Website: Lycamobile Portugal

E-mail:cs@lycamobile.pt

Date Published: 30/01/2013

Revision Date: 04/05/2023

B. DESCRIPTION OF SERVICES OFFERED

1.Definitions

1.1 Agreement: This Agreement starts when you either register your personal details with us or you activate your Account by using the Top-up Services or using the Services, whichever first occurs. This Agreement continues for an indeterminate period until either you request that this Agreement be terminated or until Lyca Mobile terminates this Agreement.

1.2 Account: The mobile telephone account registered or activated by a Customer that Lyca Mobile uses to provide the Products and Services and which records a Customer’s use of the Products and Services.

1.3 Services: The mobile telephone services that Lyca Mobile provides to you, including voice calling, messaging and data services, voicemail, access to emergency services, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Top-up Services, Roaming Services and the services provided by the Customer Services Department.

1.4 Roaming Services: The mobile telephone services that you use when travelling outside Portugal.

1.5 Products: The Lyca Mobile SIM Card and Lyca Mobile Top-up Voucher and any other products offered by Lyca Mobile, including promotional products.

1.6 SIM Card: The prepaid, pre-activated card that allows you to access and use the Services by inserting the SIM Card into a compatible GSM mobile telephone.

1.7 Top-up Services: The services you may use to add credit to the balance of your Account, including Automated Teller Machines (ATMs), Top-up Vouchers, Online Top-up and Auto Top-up.

1.8 Top-up Voucher: A multifunction voucher (whether in physical or electronic form) containing an 11 digit code that allows you to access and use the Services by redeeming the face value of the voucher.

Date Published: 30/01/2013

2. The Services

Lyca Mobile will promptly (i.e., not more than 24 hours) connect you to the Services as soon as you register your personal details with us or activate your Account. As long as you have sufficient credit in your Account, you will be able to use the Services until either Lyca Mobile or you decide to end this Agreement in the ways permitted.

3.Top-up Services

The Services are prepaid services. You are required to Top-up in advance so your Account is in credit. As Charges are incurred they will be deducted from the amount credited to your Account. You may check your credit balance at any time. Refer to the User Guide for information on checking your credit balance. You may also check your credit balance by logging into your Account or by calling the Customer Services Department.

You pay for the Services by topping-up your Account using any one of the Top-up Services available from Lyca Mobile. You may use the Top-up Services at any time after registration or activation of your Account. There are several ways that you may Top-up your Account:

You may Top-up at any participating ATM and activate the PIN code by following the dialing instructions on the ATM receipt.
You may purchase a Top-up Voucher at any participating retail outlet and activate the PIN code by following the dialing instructions on the Top-up Voucher. You may also activate the PIN code for a Top-up Voucher purchased at a participating retail outlet by using the Online Top-up.
You may register your personal details with Lyca Mobile, purchase a Top-up Voucher online and activate the PIN Code by using the Online Top-up.
You may register your details with Lyca Mobile and subscribe to “My Lyca Mobile” and the Auto Top-up facility.
You may register your details with Lyca Mobile and then contact the Customer Services Department.

If you Top-up your Account within sixty-seven (67) days from the date you registered or activated your Account or your last use of the Services (whichever is later), the amount of the Top-up credit you purchased will be added to the credit balance in your Account at the time of your Top-up.

The credit balance in your Account may only be used for the Services. You are not entitled to receive any cash refund for any credit balance remaining in your Account at any time, including where you fail to use the Services and your SIM Card has been deactivated or where this Agreement has been terminated.

Interest is not payable on any credit balance in your Account. Each time you use the Services (or someone else uses your GSM mobile telephone) the credit balance in your Account will be reduced for the voice call, message or data you are making or sending according to the destination and the current Charges. You will be informed by Lyca Mobile whenever your credit balance approaches “0” in order to allow you to Top-up your Account and continue to use the Services.

From 5 August 2014 any new top up credit shall expire ninety [90] days from the date of top-up or recharge. For the avoidance of doubt, this does not apply to the existing credit balance in your Account before 5 August 2014.

Date Published: 07/06/2013

4. Marketing, Directory Services and Caller Display

Subject to your consent, 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 and other Lyca group companies, 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 asking Lyca Mobile to put your name on a designated list. You may make this request by contacting the Customer Services Department or by sending an e-mail to cs@lycamobile.pt.

We will not include your name and mobile telephone number in any Directory or Directory Enquiry Service Database involving transmission to third parties unless you advise us that you wish to be included. If you do not specifically request entry in these Directories or Directory Enquiry Service, it will be considered a request by you to be excluded.

You have the right however to be included in the comprehensive public directory made available by universal service providers by making a request to our Customer Services Department.

Our Network will allow the display of your GSM mobile telephone number on receiving handsets unless you disable this feature on your GSM mobile telephone.

Date Published: 30/01/2013

5. Porting

Our Customer Services Department can supply details of our porting arrangements with other mobile operators. Our current Porting Authorization Terms and Conditions are available at Porting authorisation form

Date Published: 30/01/2013

6. Itemised Statements

Itemised statements of your Account and the record of your use of the Services, including calls and messages made and Top-up information, are available by logging in to your Account. You may print a copy of your itemised statement of your Account after logging in to your Account. You may also request a copy of your itemised statement of your Account by contacting the Customer Services Department.

Date Published: 30/01/2013

C. ROAMING

Roaming within EU, EEA the UK

All Lyca Mobile Portugal bundles include roaming within the EU, EEA and the UK subject to certain restrictions as explained below.
The countries included are listed below and will be referred to as ‘EU, EEA and UK’.

EU, EEA and UK:

EU: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. EEA: all EU countries and Iceland, Liechtenstein and Norway. UK.

Pay As You Go

Lyca Mobile Pay As You Go customers roaming within EU, EEA and the UK will be charged at our Standard National rates:

Standard National Rates

Portugal Landlines	Portugal Mobile (Lyca Mobile)	Portugal Mobile (Other mobile)	Portugal SMS (Lyca Mobile)	Portugal SMS (Other mobile)	Data
15cênt/min	15cênt/min	16cênt/min	15cênt/SMS	15cênt/SMS	15cênt/MB

Receiving calls and texts while roaming within EU, EEA and the UK will be free of charge.
Your calls and texts to other Lyca Mobile numbers are free at home (minimum top-up applies), but when you roam within EU, EEA and the UK they will be charged (or deducted from your bundle allowance) as standard calls.

Lyca Mobile Roaming Products and Services

Lyca Mobile prepaid bundles with a roaming allowance are described in the bundle. These roaming bundles allow you to make calls, send texts and use a capped amount of data (specified in the bundle information) when roaming within the EU, EEA and the UK as if you were using your bundle at home. However, these bundles are subject to our Fair Usage Policy described below.

Fair Usage Policy

Our roaming services are intended for Lyca Mobile customers who visit the EU, EEA and the UK for short periods, for example a holiday or short trip. Our roaming Fair Usage Policy is designed to prevent misuse of the roaming products and service.
To use our EU, EEA and UK roaming products and services you must first activate your SIM in your home country and make a chargeable call or text.
If over a four-month period we notice that you roam more than you use your bundle at home, we might think you are permanently roaming. In such case we will send you a text message reminding you of the need to comply with our roaming Fair Usage Policy.
If you do not comply with our roaming Fair Usage Policy within two weeks of the reminder text message, we will apply the following surcharges for your roaming usage:
Calls: 0.03€ per min
SMS: 0.01€ per SMS
Data: 0.036€ per MB
If we identify misuse of our roaming products and services due to organized reselling of our SIM cards to people who normally live outside of Portugal then we may take immediate proportionate measures to stop this, which could include suspension of services. We will send a text message to any such affected SIM cards.

Roaming Quality

The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and international telecommunications operators. Lyca Mobile does not have control over the contracts or service quality levels agreed between these telecommunications operators. When a customer uses their mobile device abroad with a roaming service, the service is provided through a different network operated by a different network. This network may have different configurations, technical standards, and varying levels of resources allocated to roaming services. As a result, the maximum upload and download speeds estimated for roaming may differ from the speeds available in Portugal. In case of difference in speed while roaming, your experience of the roaming service may result in slower data transfer, increased latency, or even dropped connections. The estimated download speed while in Portugal is up to 150.0 mbps.
For each roaming country, Lyca Mobile recommends customers to use a preferred network. This is the list of networks per country: Austria (A1 Telekom, A1 Telekom IVPN, Hutchison Drei, T-Mobile); Belgium (Orange, Proximus, Telenet); Bulgaria (A1, Bulgarian Telecommunication, Telenor); Croatia (Hrvatski Telecom, Tele2, VIPnet); Republic of Cyprus (Cyprus Telecommunication, MTN, PrimeTel; Czech Republic (O2 Czech Republic, T-Mobile, Vodafone); Denmark (Hi3G, Tele Danmark, Mobil, Telenor, Telia); Estonia (Elisa, Tele2, Telia); Finland (Alands Mobile, DNA, Elisa, Telia); France (Bouygues, FranceFree, Free Mobile, Globalstar, Omea_France, Orange, SFR); Germany (Telefonica, T-Mobile, Vodafone); Greece (Cosmote, Vodafone, Wind); Hungary(Magyar, Telekom, Telenor, Vodafone); Ireland (Meteor Mobile, Telecommunications Limited, Three Ireland, Vodafone); Italy (Telecom, Vodafone, Wind); Latvia (Latvijas Mobilais, Telefons, SIA Bite, Tele 2); Lithuania (Telia, UAB Bite, UAB, Tele2); Luxembourg (Mach_SMS_IW, Orange, Post Luxembourg, Tango); Malta (Go Mobile, Melita_Mobile, Vodafone, Vodafone M2M, Vodafone Malta); Holland (Curacao Telecom, Setel, Setel NV, Telcell); Poland (Orange, P4, Polkomtel, T-Mobile); Romania (Orange, RCS&RDS, Telekom, Vodafone); Slovakia (O2, Orange, Slovak Telecom); Slovenia (A1 Slovenia, Telekom Slovenia, Telekom Slovenia IPKO Kosovo, Telemach); Spain (Orange, Telefonica, Vodafone); Sweden (Hi3G, Tele2, Telenor, Telia, Wireless Maingate); Iceland (MC Island, Nova, Siminn, Vodafone Fjarskipti hf); Liechtenstein (Salt, Telecom Liechtenstein); Norway (AeroMobile, Maritime Communications Partner, AS, Maritime Communications Partner AS SGSN, Telenor, Telia, Norge); UK (Airtel, Cloud 9, EE Limited, Hutchison 3G, Jersey Telecom, Manx Telecom, Sure, Telefonica UK Limited, Vodafone, Vodafone_SEP).
When roaming, certain apps or services may be affected. Some services may not be available or may be limited in certain regions or countries due to network restrictions or licensing agreements. Additionally, roaming charges may apply when using certain services, especially when using data-intensive applications such as streaming video or music. To avoid extra charges and ensure that you can access the content and services you need while roaming, you may want to check your data plan and roaming options before you travel and consider turning off data roaming or using Wi-Fi hotspots whenever possible. You can also track your usage to help you stay within your data plan and avoid excessive charges.
If you experience an interruption in the Services, you may contact the Customer Services Department to report the incident by calling +351 265001632.
If you have any queries about our roaming services, please feel free to contact us.

D. RESTRICTIONS ON ACCESS TO SERVICES

We do not guarantee or endorse any third party content that you may access or use. Your use of any third party content is entirely your own responsibility. We do not guarantee access to third party content where you access or download the content from the internet or upload or transmit content using the Services.

Date Published: 30/01/2013

1. Acceptable Use Policy

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 knowingly 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 Lyca Mobile reasonably suspects that you have failed to comply with any of the provisions above, Lyca Mobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect.

If Lyca Mobile terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

Since Lyca Mobile provides a pre-paid SIM Card, you are not obligated to register any personal details with Lyca Mobile. However, should you wish to register your personal details or use the Online Top-up, you may be required to register your personal details with Lyca Mobile, such as your name, address, date of birth, credit card or debit card details. If Lyca Mobile determines that any of the personal details that you provide are false, Lyca Mobile shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect.

Date Published: 30/01/2013

E. SERVICE COVERAGE

Information on coverage areas of the mobile services consists of maps which may be accessed at Cobertura continente or Cobertura Madeira or Cobertura Azores. For coverage information about a specific location, you may access this information at Cobertura Portugal. In each case, coverage will be periodically updated.

Date Published: 30/01/2013

F. LEVELS OF QUALITY OFFERED

Lyca Mobile will provide the Services to you using its own Network and the Networks of one or more telecommunications operators. Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable.

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.

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 GSM mobile telephone chosen and used by you.

Lyca Mobile will provide the Services regularly and continuously. However, for the reasons described above, Lyca Mobile does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements. However, if you experience an interruption in the Services, you may contact the Customer Services Department to report the incident.

Lyca Mobile will endeavor to keep any disruption to the Services to a minimum; however Lyca Mobile will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above, except as provided otherwise in this Agreement.

Date Published: 30/01/2013

1. Timescales to Respond

In addition to the three business days to acknowledge a Customer complaint, the maximum timescales for Lyca Mobile to respond to the various types of Customer complaints are listed below:

Complaint Type	Target Timescales to Respond
Billing (including Top-up)	Within 5 working days – with no disconnection while a bona fide dispute is unresolved provided the Customer has paid the undisputed portion of the account
Network Quality / Coverage – Major (i.e., non-availability of several services with a substantial impairment of functionality)	Within 8 hours in 99% of all incidents on a 12 month rolling basis
Network Quality / Coverage – Minor (i.e., impairment of several services with a limitation to functionality)	Within 12 hours in 90% of all incidents on a 12 month rolling basis
Roaming	Within 5 working days
Handset*	10 working days
Other*	10 working days

*Although Lyca Mobile does not provide handsets to Customers, a problem with your handset may result in network quality or coverage issues. Therefore, Lyca Mobile may ask you for details regarding the brand and model of your handset.

Date Published: 30/01/2013

2. Progress Updates

The Customer Services Department will provide you will progress updates at regular intervals to keep you informed of the progress of the investigation into your complaint. In cases where the Customer Services Department is unable to resolve a Customer complaint within the target timescales, then the Customer Services Department will advise you of the revised timescales.

Date Published: 30/01/2013

G. STANDARD TARIFFS

The tariffs applicable for the use of the products and services, including any connection fees and special offers are available at https://prepay.lycamobile.pt/en/rates/#/national

H. EXPIRED NUMBERS

If you do not use your SIM card to make a voice call, send a text, use the internet, make a top-up or activate a bundle for a period of sixty (60) days from the date you activated the SIM card, Lyca Mobile will contact you by SMS advising you that your SIM card will be deactivated. Lyca Mobile will then provide you with an additional thirty (30) days to make a voice call, send a text, use the internet, make a top-up or activate a bundle.

If you make a voice call, send a text, use the internet, make a top-up or activate a bundle within the additional thirty (30) day period, your SIM card will remain active.

If you do not make a voice call, send a text, use the internet, make a top-up or activate a bundle within the additional thirty (30) day period, your SIM card will be deactivated after an additional five (5) day grace period. If the SIM card is deactivated, your specific mobile number is expired and will be reallocated to another customer, and you will not be able to access or use the services, and you will also not be entitled to any refund of any amount you had in number.

Date Published: 17/05/2023

I. COMPENSATION OR REFUND SYSTEMS

1. Goodwill Guarantee Scheme

Lyca Mobile will endeavor to respond and resolve all Customer complaints within the Timescales to Respond. In some cases this may not be possible. In this event, on a case to case basis, the Customer Services Team Leader has the discretion to apply a credit to a Customer’s Account as a goodwill gesture.

Date Published: 30/01/2013

2. Compensation for Service Interruption

In the event of a service interruption lasting more than six (6) hours in any one day, you will be entitled to compensation which will be credited to your Account as a percentage of monthly hours of service interruption or suspension calculated using your average consumption of services over the previous three (3) months.

Date Published: 30/01/2013

J. TYPES OF MAINTENANCE SERVICE OFFERED

You agree to use the SIM Card in a compatible GSM mobile telephone for the purpose of using the Services. Lyca Mobile is not the supplier of the GSM mobile telephone. You are solely responsible for any fault with the GSM mobile telephone which may cause interference or problems with your use of the Services.

The SIM Card remains the exclusive property of Lyca Mobile. You must retain the SIM Card and not lose or damage the SIM Card. Lyca Mobile will only replace a SIM Card where it is found to be defective by reason of faulty workmanship or design. Lyca Mobile may charge you for a replacement SIM Card where Lyca Mobile reasonably believes that you are responsible for the loss or damage of your original SIM Card or where someone has stolen your original SIM Card. It is your responsibility to promptly inform Lyca Mobile of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card.

If you have a complaint about the Products or Services (including the quality of service) you should refer to our Customer Code of Practice for the Handling of Consumer Complaints. The current Customer Code of Practice is available at Code of Practice.

Date Published: 30/01/2013

K. STANDARD CONTRACT CONDITIONS

1. Agreement

This Agreement starts when you either register your personal details with us or you activate your Account by using the Top-up Services or using the Services, whichever first occurs. This Agreement continues for an indeterminate period until either you request that this Agreement be terminated or until Lyca Mobile terminates this Agreement.

2. Porting

Our Customer Services Department can supply details of our porting arrangements with other mobile operators. Our current Porting Authorisation Terms and Conditions are available at Porting Authorisation Form.

3. Termination

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

If you make a voice call, send a message, or purchase a top-up using the top-up services within the additional thirty (30) day period, your SIM card will remain active. Any previous credit balance in your account will remain available for you to use, and you will be able to access and use the services.

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

You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services:

If Lyca Mobile reasonably suspects that you have failed to comply with any of the provisions above, Lyca Mobile shall have the right to suspend, partially or fully, your access
to the Services and/ or terminate this Agreement without prior notice and with immediate effect.

4. Data Protection and Personal Data
Personal Data: The personal information that you provide to Lyca Mobile or that Lyca Mobile generates, collects, uses, processes and stores about you while providing the Products and Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, Top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you.

Privacy Policy: The policy that describes how Lyca Mobile generates, collects, uses, processes and stores your Personal Data. The current Privacy Policy is available at https://prepay.lycamobile.pt/en/privacy.
Lyca Mobile will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations, as amended from time to time.

Lyca Mobile has implemented appropriate technical and organizational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorized or unlawful storage, processing, access or disclosure.
If you consent, Lyca Mobile will process traffic data, as defined by Portuguese data protection law, for the purposes of marketing electronic communication services or providing value added services. In addition and subject to your consent, Lyca Mobile may process location data, as defined by Portuguese data protection law (“Location Data”), for the purpose of providing value added services.
For Lyca Mobile to perform its obligations under this Agreement, Lyca Mobile may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of Lyca Mobile. These third parties are permitted to use your data only in accordance with our instructions and the law.
Lyca Mobile may also need to transfer your Personal Data to third parties, for example our suppliers and service providers, in countries outside the European Economic Area. For example, Lyca Mobile may use call center and technical services from an associated company based in India. Where the data protection laws of these countries do not provide the same level of data protection as in Portugal, we will take steps to ensure your privacy rights are at least as compliant with the requirements of the laws of Portugal, including requiring appropriate security measures from such third parties, set out in a contract between us, to protect your Personal Data; and monitoring compliance with such security measures for the lifetime of our relationship with such third parties.
Lyca Mobile may from time to time monitor or record your conversations with the Customer Services Department. This may be done for quality control purposes, to improve the Services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.
Lyca Mobile will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by Lyca Mobile upon your written request. Lyca Mobile may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify Lyca Mobile of any changes to any Personal Data provided by you to Lyca Mobile. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, Lyca Mobile will delete Personal Data upon your written request. Please refer to our Privacy Policy.
According to the law, Lyca Mobile can annul the elimination of the presentation of calling line identification and process location data in order to make such data available for organizations dealing with emergency calls for the purpose of responding to such calls.

5. Liability of Lyca Mobile
Lyca Mobile does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.
Lyca Mobile is not responsible for damage or loss or inconvenience incurred by you and that results from the content of any voice call, message or data sent or received by you.
Lyca Mobile is not responsible for damage or loss or inconvenience incurred by you and that results from the involvement of a third party, including governmental, judicial or administrative bodies.
Lyca Mobile is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.
In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. Lyca Mobile will then be able to block the use of your SIM Card. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.
Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.
Lyca Mobile is not responsible for the failure of any retail outlet to properly activate your SIM Card or Top-up Voucher or process any payment you made. In these cases, you should contact the retail outlet where you obtained your SIM Card or purchased your Top-up Voucher and request a refund.
You are advised that it is illegal to operate a mobile telephone while driving a motor vehicle and acknowledge the inherent risk in the use of a mobile telephone while driving a motor vehicle. Lyca Mobile is not responsible for damage or loss or inconvenience incurred by you and that results from any accident caused by the use of a mobile telephone while driving a motor vehicle.
Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party’s negligence, or the consequence of willful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law.
The liability of Lyca Mobile to you under this Agreement shall be limited to a total maximum aggregate amount of €750.00 per claim or series of related claims.

If you incur any damage or loss or inconvenience, you must notify the Customer Services Department in writing of the claim as soon as possible and in any event within four (4) weeks after the discovery by you of the claim. Damage, loss or inconvenience that has not been reported in writing to the Customer Services Department within this four (4) week period shall not be compensated. This four (4) week period will not apply if you are using the Services as an individual consumer (and not in combination with a trade or business) and you could not have been reasonably expected to notify the Customer Services Department in writing within this period.

Lyca Mobile is not responsible for any damage or loss or inconvenience incurred by you, and will not be liable to provide the Products or Services, as a result of any reason outside the control of Lyca Mobile, including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as “force majeure”.

6. General Provisions
This Agreement represents the entire agreement between Lyca Mobile and you in relation to the Products and Services. It takes precedence over all prior agreements (written and oral), and all representations or other communications between Lyca Mobile and you. The retail outlets are not authorized by us to amend this Agreement or to agree any terms which are inconsistent with these general terms and conditions.
Failure or delay by either Lyca Mobile or the Customer to enforce any right under this Agreement shall not prevent Lyca Mobile or the Customer (as the case may be) from taking further action.
If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.

Lyca Mobile is entitled to assign all of its rights and obligations under this Agreement to a third party. You are entitled to assign all of your rights and obligations under this Agreement to a third party with the written consent of Lyca Mobile.
As a consumer of goods and services you are entitled to certain statutory rights. The provisions of this Agreement do not affect your statutory rights.

If you are a consumer concluding this Agreement under the distance selling regulations, you will, on written notice to us by registered post and subject to returning all Products to us in an undamaged, unused and sellable condition, have the right to terminate this Agreement within fourteen (14) days of us accepting your written notice. You agree that once you start using the Services or the Top-up Services you will lose any right to cancel this Agreement under the distance selling regulations.
This Agreement is governed by, and construed in accordance with, Portuguese law.
These General Terms and Conditions are deposited at ICP-ANACOM and at Directorate-General for Consumers, as set out by law.

Date Published: 11/02/2019

L. DISPUTE SETTLEMENT MECHANISMS

If, at the end of the complaints process, you feel your complaint has not been fully addressed, you may contact ICP-ANACOM in accordance with the Customer Code of Practice. The Customer Code of Practice for the Handling of Consumer Complaints does not exclude your right (i) to contact the public authorities or (ii) to submit any dispute resolution to the judicial courts nor to the non-judicial mechanisms for dispute resolution, such as mediation centers and arbitral courts, in the legal terms.

Details of how to request a refund or compensation from us for failing to meet contracted service quality levels are also set out in the Customer Code of Practice.

Date Published: 30/01/2013

M. UPDATED PRICES AND CONDITIONS TO 30/01/2013

1. Changes to the Agreement

Lyca Mobile reserves the right to change these terms and conditions for legal or regulatory reasons. We may also need to change these terms and conditions as a result of changes by our Network suppliers or for other technical or commercial reasons, such as changes to our Products and Services. We may also change our Charges or introduce new Charges. Changes to Charges will be reflected in our tariff table from time to time.

If a change will be materially detrimental to you, Lyca Mobile will give you at least one month’s notice. If you do not accept a change which is notified to you as materially detrimental then you can cancel this Agreement or cease using the Services or Top-up Services. If you use the Services or Top-up your Account after Lyca Mobile makes a change, then you are deemed to accept the change.

Please check our website regularly for any changes. We may also notify you of changes by way of advertisement in the national media, by email, by post, or by text message or by other reasonable means. We may also place a recorded message on the phone number of our Customer Services Department.

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”.

Date Published: 30/01/2013