1. Definitions

1.1 Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer whether required by Lyca Mobile or the telecommunications operator of any Network that facilitates access to the Services. The current Acceptable Use Policy is available at item 5 below.

1.2 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 a Customer’s Personal Data.

1.3 Agreement: These general terms and conditions, the Handbook accompanying the SIM Card, any Acceptable Use Policy and the Charges published by Lyca Mobile from time to time, including any special offers. An Agreement is deemed made between a Customer and Lyca Mobile when a Customer registers or activates an Account, uses our Top Up Services or uses our Services, whichever occurs first, and we will provide access to the Network as soon as we can so that provision of the Services can start.

1.4 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 Rates.

1.5 Customer: Any individual, company or partnership that registers or activates an Account with Lyca Mobile. In these general terms and conditions, the Customer is sometimes referred to as “you” or “your”.

1.6 Customer Services Department: The department of Lyca Mobile that you may contact for any enquiries about the Products or Services. You may contact the Customer Services Department in several ways:

dial 122 (96#) from a Lyca Mobile Account
dial 01300854607 from any other telephone
visit the website of Lyca Mobile at https://www.lycamobile.com.au/en/
e-mail the Customer Services Department at cs@lycamobile.com.au

1.7 Force Majeure: 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.

1.8 Integrated Public Number Database: a centralised database that contains the record of each telephone number issued by Carriage Service Providers to their customers in Australia.

1.9 IPND Manager: Telstra in its role as the Manager of the Integrated Public Number Database

1.10 Lyca Mobile: Pty Limited (Company Number 139 717 212), which has its registered office at Unit 2, 1B Kleins Rd Northmead – NSW 2152, AUSTRALIA

1.11 Network: The telecommunications networks used by Lyca Mobile to provide the Services to you.

1.12 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 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.

1.13 Personal Information: a subset of Personal Data, being the following information about the person who activates the SIM card:

• Full name;
• Phone number;
• Residential address;
• Service address (if different to residential address);
• The type of service being used (e.g. mobile service);
• Whether the service is used for private or business purposes;
• Whether the service is listed or unlisted; and
• The identity of Lyca Mobile as the carriage service provider of the service.

1.14 Suppressed Address Entry: means an Entry whereby at the Customer’s request, and if offered by the CSP, only the Customer’s name, locality, state, postcode and Number will be made public in Directory Related Services.

1.15 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 Privacy Policy.

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

1.17 Roaming Services: The mobile telephone services that you use when travelling outside Australia.

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

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

1.20 Top-Up Services: The services you may use to add credit to the balance of your Account, including the Top-Up Voucher, Online Top-Up and Auto Top-Up.

1.21 Top-Up Voucher: A multifunction voucher (whether in physical or electronic form) containing an 13 digit code that allows you to access and use the Services by redeeming the face value of the voucher.

2. Obligation to provide the service

2.1 Lyca Mobile will provide the Services to you using the Networks of one or more other 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. You can check the services coverage at this link.

2.2 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; • The location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions; and • The quality of the GSM mobile telephone chosen and used by you.

2.3 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 any control over the contracts or service quality levels agreed between these telecommunications operators.

2.4 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, or that the Services will be completely secure against unauthorised interception.

2.5 Lyca Mobile will use reasonable endeavours 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 where any loss, damage or inconvenience occurs by reason of the recklessness or negligence of Lyca Mobile or its employees.

2.6 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.

3. SIM Card

3.1 The SIM Card is used by inserting it into a compatible GSM mobile telephone. When the SIM Card has been inserted and you have registered or activated your Account, you will have access to, and be able to use, the Services.

3.2 The SIM registration process requires you to: • Provide your Personal Information to Lyca Mobile that is correct and up to date; • Consent to your Personal Information being verified by third party verification software; and • Consent to Lyca Mobile providing your Personal Information to the IPND Manager. Further details about the collection, use and disclosure of your Personal Information and Personal Data is set out in clause 6 below.

3.3 If Lyca Mobile identifies any errors with the Personal Information provided at any time (e.g. incorrect name or address), we will contact you by SMS requiring you to update your Personal Information. If you do not provide corrected details within 30 days of us contacting you, we will deactivate your SIM Card until correct information is provided. If you have not provided corrected details within 60 days of us first contacting you, your SIM Card will be permanently 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.

3.4 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.

3.5 If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a top-up using the Top-Up Services, for a period of ninety (90) days from the date you registered or activated your Account or your last use of the Services (whichever is later), Lyca Mobile will contact you by SMS or email 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 data, or purchase a top-up using the Top-Up Services.

3.6 If you 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, 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.

3.7 If you do 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, 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.

4. Top-up services

4.1 The Services are prepay 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. No bill or invoice or statement will be issued to You. You may check Your credit balance from time-to- time by calling our Customer Services Department.

4.2 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 purchase a Top-Up Voucher at any participating retail outlet and activate the PIN code by following the dialling 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 Service.
• You may register your details with Lyca Mobile, purchase a Top-Up Voucher online and activate the PIN Code by using the Online Top-Up service.
• 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.

4.3 If you top-up your Account within ninety (90) 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.

4.4 The credit balance in your Account may only be used for the Services. You are not entitled to receive any refund, exchange, transfer or other form of remuneration for any residual 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.

4.5 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.

4.6 For the avoidance of doubt, any Top Up Voucher shall expire on the date stated on the Voucher (if any).

4.7 All calls will be disconnected after 50 minutes and you will need to redial to reconnect to the call.

5. Acceptable use policy

5.1 You agree to use the SIM Card in a compatible GSM mobile telephone for the purpose of using the Services.

5.2 You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services: • Fraudulently or in connection with a criminal offence; • For the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful; • To knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person; • To make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative; • To transmit a virus or other malicious software, or 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; • 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, or • Otherwise than in line with the conditions of this Agreement including any Acceptable Use Policy.

5.3 If Lyca Mobile reasonably believes that you have failed to comply with any of the provisions of Clause 5.2, 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.

5.4 Lyca Mobile is required by law to collect and store your Personal Information before connecting you to the Network. We are also required to ask you to verify your identity. You must notify our Customer Services Department, by dialling 1300 854 607 from other network or 122 from your Lyca Mobile number, within 7 days if your Personal Information changes.

5.5 If Lyca Mobile reasonably determines that the Personal Information that you provide is false or out of date, 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.

5.6 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”.

6. Data Protection and personal data

6.1 Lyca Mobile will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations, as amended from time to time.

6.2 Lyca Mobile has implemented appropriate technical and organisational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.

6.3 By registering or activating an Account with Lyca Mobile, you consent to Lyca Mobile collecting, processing and sharing Personal Data provided by you or generated in the course of supplying the Services to you, including details of voice calls, messages or data that you have sent (“Traffic Data”) and the geographic position of your GSM mobile telephone (“Location Data”) for the purpose of: • Using a third party provider toverify your identity; • Supplying your Personal Information to the IPND Manager (see clause 6.9 below), • Supplying the Products and Services to you, • The administration of your Account by the Customer Services Department, • Providing you with service information, for example about Network faults, • The prevention or detection of fraud, • Market research and profiling your usage and purchase preferences, and • Complying with applicable laws and regulations.

6.4 For Lyca Mobile to perform its obligations under this Agreement, Lyca Mobile may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of Lyca Mobile. These third parties are permitted to use your data only in accordance with our instructions and the law.

6.5 Lyca Mobile may also need to transfer your Personal Data to third parties, for example our suppliers and service providers, in countries outside Australia. For example, Lyca Mobile uses call centre 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 Australia, we will take steps to ensure your privacy rights are at least as compliant with the requirements of Australian law, including requiring appropriate security measures from such third parties, set out in a contract between us, to protect your Personal Data; and monitoring compliance with such security measures for the lifetime of our relationship with such third parties.

6.6 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.

6.7 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. It is a condition of Lyca Mobile providing you with the Services that you notify Lyca Mobile of any changes to your Personal Information within 7 days. Subject to applicable laws and regulations, Lyca Mobile will correct your Personal Information within a reasonable time period upon your written request. If you wish to find out what registration data we hold about you, or to alter such data please contact our Customer Services Department by phone (Dial 1300 854 607 from other network or 122 from your Lyca Mobile number) or email us at CS@lycamobile.com.au or alternatively through our Data Protection Office at dpo@lycagroup.com

6.8 Lyca Mobile and other Lyca companies may contact you by post, telephone, e-mail or SMS to let you know about products and services offered by Lyca Mobile, other Lyca group companies or selected third parties, including any special offers and promotions, which may interest you. If you do not wish to receive this information or be contacted in this way, you may at any time, free of any charge, opt out of this direct marketing by requesting to be put on a designated list. You may make this request by contacting the Customer Services Department or by sending an e- mail to unsubscribe@lycamobile.com.au

6.9 Lyca Mobile is required by law to upload your Personal Information to the IPND within 24 hours of your Service being activated. The following data users may access your Personal Data in the IPND: • The Emergency Call Services for Triple Zero and 106; • The Emergency Alert system; • Emergency Service Organisations, including police, fire and ambulance; • National security and law enforcement agencies; • Public number directories publishers (for listed numbers); • Director and operator assistance providers (for listed numbers); • Location dependent carriage service providers; • Researchers for electoral, health and government policy research approved by the Australian Communication and Media Authority. More information about the IPND and ACMA’s role can be found here The IPND Code, which regulates the IPND, can be found here.

7. Liability of Lyca Mobile

7.1 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.

7.2 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.

7.3 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.

7.4 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; nor to the extent you contributed to the damage or loss.

7.5 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 on the Network and other Australian GSM networks. 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.

7.6 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.

7.7 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 wilful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law.

7.8 The liability of Lyca Mobile to you under this Agreement shall be limited to a total maximum aggregate amount of A$1,000.00 per claim or series of related claims. 7.9 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.

7.9 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 a Force Majeure event.

8. Changes to the agreement

8.1 Lyca Mobile reserves the right to change these terms and conditions for legal or regulatory reasons, due to developments in the Products and Services we provide you or if we wish to have all our customers on the same terms and conditions. We may also need to change or withdraw all or part of the Products or Services as a result of changes by our Network suppliers or if they are uneconomical or not fulfilling their purpose for you or for us. We may also change our Charges or introduce new Charges.

8.2 Please check our website regularly for any changes. 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 topping-up your Account. If you use the Services or top-up your Account after Lyca Mobile makes a change, then you are deemed to accept the change.

8.3 If we need to notify you of a change or otherwise in respect of our Services, Charges or this Agreement, we will send you a text message. We may also use the methods set out in clause 8.2, place a recorded message on the phone number for our Customer Services Department or by email, post or phone or some other means.

9. General Provisions

9.1 If you have a complaint or query about the Products or Services you can contact our Customer Services Department in the ways set out in clause 1.6 of this Agreement. We are also members of TIO (Telecommunications Industry Ombudsman), an independent body who can help resolve problems or complaints between us where You have first tried to resolve it with us: for more information, see www.tio.com.au.

9.2 No term or condition of this Agreement is enforceable by any third party (a person who is not a party to this Agreement) except the TIO (as outlined in clause 9.1 above) and a court or judicial process with competent jurisdiction.

9.3 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.

9.4 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.

9.5 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.

9.6 This Agreement is governed by the laws of New South Wales and the courts of New South Wales will have non-exclusive jurisdiction over any dispute under this Agreement.

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