Terms and Conditions of use for Lycamobile’s Prepaid Service

1.
These terms and conditions are applicable to you when you make use of Lycamobile’s Prepaid Service which, after registration, is activated when your prepaid SIM Card is inserted into a mobile handset or another compatible mobile device (such as a tablet).
2.
These terms and conditions contain provisions which appear in bold or are underlined to draw your attention to such terms because they:
  • may limit the risk or liability of Lycamobile; and/or
  • may create risk or liability for you; and/or
3.
Definitions
“Network" means the public mobile telecommunications system operated and made available by Lycamobile South Africa (Pty) Limited or any other member of the Lycamobile Group.
“Regulatory Authority” means the Independent Communication Authority of South Africa (ICASA) or any similar authority that is established in the future to perform or take over the functions of ICASA.
“Services” means the cellular telecommunications service provided by means of the Network as well as such other additional related services, equipment and/or Value Added Services.
“SIM Card” means the Subscriber Identity Module Card allocated to you to enable you to gain access to the Network by using the SIM Card in the mobile handset or another compatible mobile device.
“Starter Pack” means the pack that includes the user guide and SIM Card.
“Value-Added Services” means services charged at the Value-Added Service call rate, are provided by Lycamobile and/or a Value-Added Service Provider to make available to Lycamobile customers a selection of value added services provided by means of the Lycamobile Network. Value-Added Services are all services beyond standard voice calls. These Value-Added Services are not included in the bundled minutes/seconds.
“Lycamobile Group” means any of the Lycamobile group of companies including Lycamobile, any subsidiaries of Lycamobile, any holding company of Lycamobile, any subsidiaries of such holding company and/or any affiliates of such companies.
4.
Provision of the Services
4.1 In order to receive your new mobile number and activate your SIM Card found in your Starter Pack, you must register your SIM Card, in terms of the provisions of Section 40 of the Regulation of Interception of Communications and Provision of Communications Related Information Act, 2002 (‘RICA’).
4.2 Once your SIM Card has been registered, you can enter your PIN number into your mobile device and connect to our Services.
4.3 Subject to these terms and conditions, Lycamobile will activate the SIM card and maintain the availability of the Services while your SIM Card is active on the Network.
5.
Value-Added Services
You acknowledge and agree that should you subscribe to any Value-Added Services, the provision of such Value-Added Services by Lycamobile will be subject to Lycamobile’s standard terms and conditions applicable to those services from time to time with which you undertake to make yourself familiar with.
6.
Disclosure of Information
6.1 You consent that Lycamobile may, to the extent permitted by law, receive or disclose your personal information, documents and/or detailed call records to –
  • any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
  • any of Lycamobile’s shareholders, related entities, suppliers, agents, professional advisors or any company within the Lycamobile Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;
  • any of Lycamobile’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;
  • any company within the Lycamobile Group for any purpose connected with the Services or the Network or incentive scheme purposes, including any call centre and technical services provided by other Lycamobile Group companies in Chennai, India.
6.2 Despite any part of these terms and conditions that may indicate otherwise, Lycamobile shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or billing purposes.
7.
Your Acknowledgement
You acknowledge and agree that –
7.1 The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and the Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpasses, as well as atmospheric conditions and other causes of interference; and
7.2 to the extent permitted by law, Lycamobile shall not be liable for non-availability of the Services.
8.
Liability
8.1 You indemnify and hold Lycamobile and each company within the Lycamobile Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by you or any third party, which arises directly or indirectly out of a breach of these terms and conditions by you or by your use of the Services and/or the mobile device, other than in respect of losses caused by the gross negligence or intentional misconduct of Lycamobile or any company within the Lycamobile Group or any of their respective employees, directors or agents.
8.2 Without affecting the generality of 8.1 above, Lycamobile shall not be liable to you for any breach of these terms and condition or failure on Lycamobile’s part to perform any obligations as a result of technical problems relating to the Network, termination of any licence to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Lycamobile.
9.
Your Undertakings
You shall –
9.1 comply with all instructions issued by Lycamobile which concern your use of the services, the mobile device or related matters;
9.2 not be entitled to commercially exploit the services in any manner whatsoever without Lycamobile’s prior written consent, including without limitation, the provision of telephony services to third parties;
9.3 provide Lycamobile with all such necessary information as Lycamobile may reasonably and lawfully require;
9.4 only use a mobile device that is approved for use in conjunction with the Network by Lycamobile;
9.5 engage with Lycamobile, other members of the Lycamobile Group and their respective staff and agents in a courteous, cordial and respectful manner at all times.
10.
Suspension/Disconnection
10.1 Lycamobile may from time to time, by giving you advance notice where reasonably practicable and dependent on the circumstances, suspend the Services or disconnect your mobile number from the Network for a period to be determined by Lycamobile, in any one of the following circumstances -
  • if the Service has not been used by you for a period in excess of 90 (ninety) days;
  • during any technical failure, modification or maintenance of the Network;
  • if you fail to comply with any of these terms and conditions;
  • if so directed by the Regulatory Authority; or
  • in any other instance specifically provided for in these terms and conditions.
10.2 Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, Lycamobile shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.
11.
Communication
You hereby consent to the dispatch or transmission by Lycamobile of all and any necessary communications in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. You are entitled to inform Lycamobile if you do not wish to receive any communications for purposes of direct marketing and in this instance, Lycamobile will desist from circulating any further such material to you.
12.
Disputes
Any dispute relating to Lycamobile Network may be referred to the ICASA or to the National Consumer Commission established under the Consumer Protection Act, 2008.
13.
Lost or Stolen SIM Cards or Mobile Devices
13.1 You are responsible for the safekeeping of your SIM Card and mobile device.
13.2 You must notify us immediately if you realise your SIM Card or mobile device has been lost or stolen.
13.3 You must also, within 24 (twenty-four) hours of you realising that your SIM Card or mobile device has been lost or stolen and report this to the South African Police Service.
14.
Password and/or PIN
If you have a password or PIN sent to your SIM Card or stored on your mobile device, you undertake to keep it secure and undertake that no other person shall use the Services utilising your password or PIN, and you acknowledge further that you are responsible for ensuring that no unauthorized access to the password or PIN is obtained, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
15.
General
15.1 These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts.
15.2 These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
15.3 Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
15.4 Any amended terms and conditions published in any media or on the Lycamobile website www.lycamobile.co.za will form part of the terms and conditions of the Services, to which terms you agree to be bound.

 

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