LYCATALK Call
the World For
Less
Terms
& Conditions
A -
Definitions
A1
-
“we/us/our/or LYCATALK” shall mean Lycatel Ireland
A2 - "Lycatel's systems and networks" shall mean the
communications systems and networks utilised by LYCATALK to provide the
Service.
A3 - "Account" shall mean the electronic mechanism that records
the value of the Client's prepayment (top-up amount) and all Charges
incurred by the Client under the terms of this Agreement in using the
Service up to the value of the Client's prepayment.
A4 - "Account Number" shall mean a number issued by LYCATALK to
the Client which the Client uses in conjunction with the PIN & CLI where
appropriate to prove to LYCATALK that the Client is entitled to access
the Account and to utilise the Service.
A5 - "call" shall mean the establishment of a connection via
Lycatel's systems and networks between the Client's residential
Telephone, mobile and other telephone numbers used by the Client.
A8 -"PIN" shall mean the personal identification number issued by
LYCATALK to the Client to use in conjunction with the Account Number or
the Client's telephone number (when applicable) to access the Account.
A9 - "Service" shall mean the supply by LYCATALK to the Client of
national and international telecom communication services via Lycatel's
systems and networks and includes any other services that LYCATALK to
the Client from time to time.
A10 –
“Top-up” shall mean a successful prepayment made to the account which
credits the account with the top-up value.
A11 – “
Our website” would mean
www.lycatalk.com which is deemed to be updated with the latest
information.
B -
The LYCATALK service
B1 -
Subject to the terms of this Agreement, LYCATALK will provide the Client
with the Service only if the Client has credit remaining on the Account.
B2 - The
Account holder will not be deemed as a Client or will not be eligible
for any claims if no prepayment has been made to the Account.
C -
Charges and Payment of the service
C1 - The Client is liable for all charges arising from use of the
Service that is made by any person through the Account.
C2 - Charges are calculated in accordance with LYCATALK's current
tariff from time to time which is available on request from LYCATALK.
C3 - Charges accrue from the date on which the Client commences
use of the Service.
C4 - The Client can only use the Service if they have first
established an Account with us with a successful top-up. An Account
created by Lycatel systems, can be established by the Client by calling
our call centre, using our website, by purchasing a LYCATALK card in
retail or through any other electronic means by LYCATALK.
C5 - Payment into an Account has to be made by credit card and
debit card or by such other top-up method(s) we may agree to from time
to time.
C6 - You may only incur Charges when you have established an
Account and made a successful call. Charges for each call will be
deducted from the value of credit in an Account once calls are connected
as per the latest tariff. When the credit in your Account is used up,
the call will be discontinued and an additional prepayment must be made
to an Account if the Client wishes to continue to use the Service.
C7 - The Client is not responsible for charges arising after one
hour once the LYCATALK customer services team has received notification
of termination from the Client due to loss, misuse or theft of an
Account Number and/or the PIN. The Client is responsible for Charges
arising from calls made until this period.
C8 - The referral call credit will become payable to the
referrer’s account after at least 15 days following the total £30 top-up
within 90 days of opening of the referred account. The referral bonus
will only be payable where the referred account is from a different
postal address, is purchased using a different method of payment and
reflecting different call records from both the referred and the
referee’s accounts. However, awarding of the credit will be on complete
discretion of LYCATALK. Fraudulent claims of referral credits can result
in account suspension of both accounts. If you have not received friend
referral for any account you can contact our customer services and send
an e-mail to
cs@lycatalk.com
C9
There may be a delay in the transfer of the top-up amount from your bank
after the actual transaction has taken place during top-up.
Payment
made to top-up a LYCATALK account using a credit or debit card may
reflect on your bank statement within 15 days from the date you have
topped up your account.
C10
There may be a delay in processing and updating the “free” call credits
awarded to the customer by means of special promotions. This is mainly
due to carrying out authenticity of the data, fraud checks and duplicate
records. A customer may be awarded free credit at the sole discretion of
LYCATALK
C11
All call
charges communicated are inclusive of VAT.
D- Client Use of the Service
The Client undertakes:
D1 - To use Service only in accordance with LYCATALK's reasonable
written instructions from time to time. The Service is made available to
the Client on condition that the Client does not re-supply or resell or
otherwise make the Service available to any person on an arms-length
commercial basis, unless otherwise specified by Lycatalk for business
purposes, and that the Client does not use the Service in any way or for
any purpose prohibited by law. The Client agrees to indemnify LYCATALK
to the fullest possible extent against any claims, losses, damages,
costs, liabilities and expenses (including, without limitation, legal
costs and expenses) resulting from illegal actions in relation to use of
the Service made through an Account by the Client or by any other
person. If the Client believes that someone else has used the Service
through an Account without the Client's or LYCATALK's permission then
the Client should notify LYCATALK at the first reasonable opportunity
otherwise the Client may be liable for any losses that the Client and/or
LYCATALK suffers as a result.
D2 - Not to use or attempt to use an Account or the Service
following termination or notice of termination of this Agreement;
D3 - To notify LYCATALK immediately, by calling a LYCATALK
customer services representative on becoming aware of
any abuse of an Account, a PIN, an Account Number and the Service;
D4 - Not to use the Service:
a)
to send a communication which is offensive, abusive, indecent, obscene
or menacing or which may cause annoyance, inconvenience or needless
anxiety to anyone; or
b) to violate or infringe the rights of any person.
c) via
any procedures other than specified in our print material or on our
website.
D5
– After dialling the destination number you will hear the price for
dialling that destination+ or minutes available from the balance credit.
If you do not agree with the pricing please disconnect the call and
contact our customer services immediately.
E- Personal Identification Number ( PIN) and Registration of
Residential Telephone
E1 -
LYCATALK will issue an Account Number and a PIN to a Client who has
opened an Account to enable the Client to use the Account and to pay for
Charges incurred for using the Service. The Client must at all times
keep the Account Number and the PIN confidential and shall not disclose
it to anyone. The Client is liable for unauthorised use resulting from
disclosure of the Account number or PIN.
E2 - The Client will register a residential telephone numbers and
/ or mobile phone with LYCATALK to enable automatic access to be made to
his or her Account to make Calls.. Client will be liable, subject to
clause C7, for all Charges incurred through the use of this automated
access by the Client or by any other person whom the Client enables or
permits to access an Account and the Service via the Client's registered
residential telephone numbers and or / mobile phone. The Client must
therefore ensure that they take care to control access to the
residential telephone numbers and / or mobile they register.
F- LYCATALK's Rights
F1 -
LYCATALK is entitled at any time to alter the Account Number or any
other name, number, PIN or code issued by LYCATALK as part of the
Service and to renew or replace the Service.
F2 - The Service and/ or any Account may be suspended at
LYCATALK's sole discretion where it has reasonable cause to do so.
F3 -
LYCATALK shall be entitled to amend and/or update their rates and these
terms and conditions immediately as and when required.
F4
– To block any account(s) if they are deemed to be a financial risk due
to non-payment of credit amount by
wholesalers/retailers/distributors of credit vouchers. This does not
apply to payments directly made by the Client(s) by using their credit
or debit cards other than suspected fraudulent method of (payments).
F5
– Allow/disallow a call to any national/international/premium numbers.
F6
– To set a credit limit, either top-up or call credit.
F7-
Automatically top-up Client’s account from their registered bank
cards/accounts once the customer has setup auto top-up instructions via
website or via customer services.
G-
Liability
G1 -
LYCATALK will only be liable to the Client as a result of its breach of
this Agreement or its negligence up to the amount remaining prepaid on
the Client's Account at the time of the act or omission causing the
breach or negligence.
G2 -
The Account and the Service are provided for private non-business use by
individuals only, unless otherwise specified by Lycatalk for business
purposes, and despite anything else contained in this Agreement (other
than Clause G4 below), LYCATALK is not liable to the Client for harm to
a business, lost revenues, loss of anticipated savings, lost profits,
indirect, consequential or special losses regardless of the form of
action arising in connection with this Agreement, whether in contract,
tort or strict liability, including negligence of any kind whether
active or passive.
G3 - LYCATALK is not liable for any loss, damage or inconvenience
suffered by the Client as a result of any suspension or termination of
an Account and/or of the Service.
G4 - Nothing in this Agreement serves to limit either party's
liability in respect of death or personal injury caused by or arising
from that party's negligence.
G5 - LYCATALK makes no warranties, conditions, guarantees or
representations as to quality or fitness for a particular purpose of an
Account or of the Service or other warranties, conditions, guarantees or
representations whether express or implied, oral or in writing, except
as expressly stated in this Agreement and to the fullest extent
permitted by law LYCATALK excludes all liability for the accuracy (or
inaccuracy) of any material or other information provided by LYCATALK or
made available by any third party, for any third party goods or services
purchased or obtained or any transactions entered into by the Client
using LYCATALK's internet service, or the transmission or reception of
(or failure to transfer or receive) any information or software.
G6 - LYCATALK cannot guarantee that the Service will be free of
faults or interruptions, timely or secure to the extent that it may be
affected by things LYCATALK cannot control, such as lack of network
capacity. LYCATALK will provide the Service with reasonable skill and
care, but if the Client does experience a problem, or suspect a fault
then the Client should contact LYCATALK's Client call centre promptly by
calling a customer services representative.
G7-
We are not responsible for charges arising from transfer/late transfer
of funds from the Client bank account subject to transactions
made/authorised by the client as there may be a delay in the transfer
after the actual transaction has taken place.
H -
Client Personal Information
H1
-
Information you provide or we hold (whether or not under this Agreement)
may be used by us, our employees and/or agents and/or other authorised
parties to:
(a) identify you when you make telephone enquiries;
(b) help administer or top-up your accounts, the Service and other
services and products offered by the Lycatel
group
and its selected partners now or in the future.
(c)
help to detect fraud, loss or criminal activity; and (d) write
to, or telephone, you with information about other services and products
offered by us and our carefully selected partners.
H2 -
We may also disclose your information to other companies in the Lycatel
group and to our partners for any of the purposes set out above. A list
of the companies and our partners is available on request.
H3
-
In order to tell you about discounts and offers that may be available,
we will process information about your use of the Account and of the
Service, including the time you make calls and frequently called
numbers.
H4 - In connection with this Agreement we may carry out credit
and fraud prevention checks with one or more licensed credit reference
and fraud prevention agencies and they will retain a copy of the search.
Information from your application and payment details of your account
will be recorded with one or more of these agencies and may be shared
with other organisations to help make credit and insurance decisions
about you and members of your household and for debt collection and
fraud prevention purposes. This includes those who have moved house and
are in default.
H5
-
If you provide false or inaccurate information and we suspect fraud, we
will record this. Lycatel and other credit organisations may use and
search the records referred to in clause K4:
(a) to make decisions on credit or credit-related services
for you and other members of your household; (b) for debt
collection, fraud prevention and management of your Account; and (c)
to check your identity to prevent money laundering unless other
satisfactory proof of identity is provided. If you require details of
those credit reference and fraud prevention agencies from which we
obtain and with which we record information about you, then please
contact us.
I- Call Records
I1
-
LYCATALK does not issue itemised call records. You may inspect your call
record via our web site as described on our website or by the customer
services. Any request for itemised records should be sent via e-mail or
by post to LYCATALK and may incur charges depending on the request made.
The charges will be explained by the customer services or via e-mail
before sending the request information.
I2
- The call records would then be sent after the customer accepts the
charges which would be then debited from the customer’s account or the
customer sends us the cheque of the specified amount.
I3
- You accept that any supply of the Service to any person making
telephone calls on your Account is deemed to be authorised by you and
that you must pay any Charges arising out of that use unless you let us
know at the first reasonable opportunity if you discover that someone is
using your Account without your permission.
I4
– We may assess your call records for quality, training, marketing,
fraud monitoring, refunds, bonuses and other analytical purposes.
J- Suspension
of Service
J1 LYCATALK may suspend and/or disconnect your Service at its discretion
if found suspicious for fraudulent or any other complaint.
We will
normally inform the Client before we suspend or terminate your access to
your Account and/or to the Service unless found necessary to suspend
immediately.
We would
request your most recent proof of residence to reactivate your services.
However,
reactivation will be at the discretion of Lycatalk team.
Personal
Information
Personal Information includes information: (1) That we obtain
from you or already hold about you; (2) That we receive from
enquiries we make in connection with any application to, or agreement
with us or any member of the Lycatel group; (3) That we receive
from searches made by us or any member of the Lycatel group in your name
with credit reference agencies, insurance claims registers or fraud
prevention agencies; (4) That we obtain about any account or
policy which you, or a member of your household, holds with or through
us; and (5) That we receive from anyone permitted to give
information about you to us or any member of the Lycatel group. (4) Your
call records including your caller line number, call details and your
destination number.
Collection of Personal Information:
We may
collect personal information about you from a number of sources
including: (1) from you when you agree to take a service from us,
in which case this may include your contact details, date of birth,
payment method (Credit and Debit card details) and possibly bank account
details; (2) from you when you contact us with an enquiry or in
response to a communication from us, in which case this may tell us
something about your preferences; (3) from publicly available
sources, such as the electoral register. (4) From your call records.
Use
of Personal Information
Information we hold about you and your preferences will help us to make
sure that we contact you about things likely to be of relevance and
interest to you. In some circumstances, we may do certain credit checks
with licensed credit reference agencies when you apply to take a service
or product. If this is applicable then it will be stated in our terms
and conditions of business.
Disclosure of Personal Information: Other companies in the Lycatel
group may use personal information for any of the purposes set out
above. This is limited to companies that are related companies to
Lycatel Distribution UK Limited. We do not sell mailing lists to third
parties for their marketing purposes. Where we have told you in advance,
we may disclose certain information to third parties such as a Lycatel
Distribution UK Limited's network service provider for purposes solely
connected with the provision of our service via their networks. Where
required or permitted by law, information may be provided to other
government organisations, such as the Police or the Inland Revenue.
Protection of Your Personal Information
We use strict security measures in order to protect personal
information. This includes checking your identity when you telephone us,
encrypting data on our websites [and other measures] in order to ensure
compliance with all applicable legal requirements.
The
Internet
If you communicate with us via the Internet then we may occasionally use
email to contact you about our services and products. All marketing
emails will have an unsubscribe option included in the bottom of the
email message. Additionally, you can always send us an email (cs@lycatalk.com)
to change your preferences. We use "cookies" to monitor site user
traffic patterns and site usage. This helps us to understand how our
Clients and potential Clients use our web sites so that we can develop
and improve the design, layout and functionality of the sites. A cookie
is a piece of information that is stored on your computer's hard drive
and which records your navigation of a web site so that, when you
revisit that web site it can present tailored options to you based upon
the stored information about your last visit. You can normally alter the
settings of your browser to prevent acceptance of cookies.
If you do not want Lycatel Distribution UK Limited to deploy cookies in
your browser, you can set your browser to reject cookies or to notify
you when a web site tries to put a cookie on your computer. However,
rejecting cookies may affect your ability to use some of the products
and/or services at our Web site.
To turn off cookies in different browsers:
Internet
Explorer
In Internet Explorer E- [and EE] : From your browser menu, select
"Tools", and then "Internet Options". This will bring up the "Internet
Options" Dialogue Box. On the top of the dialogue box, select
"Security", then "Custom Level". This will bring up the "Security
Settings" box.
Scroll down using the scroll bar on the right hand side of the box,
until you come to the section carrying the title "allow cookies to be
stored on your computer". Of the options available, select "Disable",
and then select the "OK" button on the bottom of the menu box.
In Internet Explorer F-: From your browser menu, select "Tools", and
then "Internet Options". This will bring up the "Internet Options"
Dialogue Box. On the top of the dialogue box, select "Privacy". This
will bring up the "Privacy Settings" box.
On the Privacy tab, move the slider up for a higher level of privacy or
down for a lower level of privacy. Move the slider to the top to block
cookies from all Web sites.
Following these instructions will stop your computer from accepting
cookies in future. You may reconfigure your computer to accept cookies
again by following these instructions, but by selecting "Enable", and
the "OK" button on the bottom of the menu box (Internet Explorer E- [and
E5]); or by selecting the "Default" button (Internet Explorer F-).
Netscape
In Netscape: First, on your top menu, select "Edit", and then
"Preferences". This will bring up the "Preferences" menu box. From the
options on the left-hand side, select "Advanced" which will bring up
another menu. Half way down, you will see a section on cookies, and if
you wish to turn cookies off, you should select "Disable", and then the
"OK" button on the bottom of the menu box.
You may reconfigure your computer to accept cookies again by following
these instructions, but by selecting "Accept All Cookies," and then
selecting the "OK" button on the bottom of the menu box. In Netscape:
First, on your top menu, select "Tasks", and then "Privacy & Security".
From here you have the option to "block cookies from this site", "un
block cookies from this site" or view and remove and prevent cookies
from being re-accepted from selected sites.
Customer Services
Our customer services are available 24/7 for support in English language
only. Timings for customer services in other languages may vary. We may
monitor and record communications we receive via e-mail or calls to the
customer services and sales lines. This may be done to improve the
service which we provide, to ensure compliance with our practices and
procedures and where, for example, a contract is entered into, shall
mean to provide evidence of the transaction.
More
Information
If you would like any further information or have any comments on our
Privacy Policy then please write to us or send us an email. We may amend
this policy from time to time, in which case the amended version will be
posted on our website.
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