Terms & Conditions

1.1 Acceptable Use Policy: The policy, described in clause 5 below, governing a Customer’s use of the Products and Services upon request by Lyca Mobile or the telecommunications operator of any Network that facilitates access to the Services.

1.2 Account: The mobile phone account registered or activity by a Customer that Lyca Mobile uses to provide the Products and Services to a Customer and to manage the Customer’s Personal Data.

1.3 Agreement: These Terms and Conditions, the Manual accompanying the SIM Card and the Rates published by Lyca Mobile, including any special offers.  An Agreement is deemed to be entered into between a Customer and Lyca Mobile when a customer registers or activates an Account, uses our Top-Up Services or uses our Services, whichever comes first, and we will provide access to the Network as soon as possible so that provision of the Services can begin.

1.4 Pricing: The rates applicable from time to time to the use of the Services, including connection fees and special offers.  Current rates are available at http://www.lycamobile.fr

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

1.6 Customer Service: The Lyca Mobile service that you may contact if you have any questions about the Products or Services. You can contact Customer Service in several ways:dial 322 from a Lyca Mobile Account (or 323 if you want to activate your SIM Card).dial +33 (0) 7 51 00 03 22 from any other phone or from abroad.go to the Lyca Mobile website at http://www.lycamobile.fr.email Customer Service at cs@lycamobile.fr.

1.7 Force Majeure: an event that is unforeseeable, irresistible and beyond the control of a Party. Force Majeure Cases include events that are usually considered Force Majeure under and in accordance with French jurisprudence.

1.8 Lyca Mobile: Lyca Mobile SARL (registration number 528 332 505, R.C.S. de Paris with share capital of €7,500) whose registered office is at 107 Boulevard Pereire – 75017 PARIS.

1.9 Network: We use Bouygues Telecom’s network to provide you with all services, including 4G services.

1.10 Personal Data: Personal information that you provide to Lyca Mobile or data about you that Lyca Mobile generates, collects, uses, processes and stores during the provision of the Services, including, without limitation, your name, address, date of birth, mobile phone number, call data, including traffic data and location data,  top-up information, credit or debit card details, billing information, voice message records, copies of emails, including your email address, and customer service records of questions you have asked.

1.11 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 http://www.lycamobile.fr

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

1.13 Roaming Services: The mobile phone services you use when travelling outside France.

1.14 Services: The mobile phone services that Lyca Mobile provides to you, including voice, messaging and data, voicemail, calling line presentation (CLIP), caller ID restriction (CLIR), Top-up Services, Roaming Services and services provided by Customer Service.

1.15 SIM Card: The prepaid and pre-activated card containing a microprocessor allowing you to access and use the Services by inserting the SIM Card into a compatible GSM mobile phone.

1.16 Top-Up Services: Services that you can use to add credits to your Account balance, including Top-Up Voucher, Online Top-Up and Auto-Top-Up.

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

1.18 4G is the fourth generation of mobile telephony standards that allow “very high speed mobile”, i.e. data transmissions at theoretical speeds above 100 Mbit/s. In practice, the speeds are of the order of a few tens of Mbit/s depending on the number of users, since the bandwidth is shared between the active terminals of the users present in the same radio cell. You will find on the ARCEP website, http://arcep.fr/index.php?id=13272, the 4G coverage map concerns access to mobile Internet (data). The 4G+ pictograms indicate the areas/municipalities where the 4G+ service is already accessible and in which the deployment continues. Access to the service may be affected by obstacles (building, natural barrier,…). In accordance with the methodology adopted by ARCEP, the cover chosen on this site is coverage outside the buildings. Inside buildings, coverage depends on many parameters related in particular to the configuration of each room. The maximum theoretical upload rate is 50 Mbit/s and the theoretical maximum download rate is 3000 Mbit/s.

2.1 Lyca Mobile will provide the Services to you using its own Network and the Network of one or more telecommunications operators. Any of these Networks may occasionally be unavailable for maintenance, modifications, enhancements, emergencies or to protect the security of the Network. In such cases, the Services May be temporarily inavalable.

2.2 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio signals. The transmission of these radio signals may be disrupted by network congestion due to the number of calls or messages or the volume of data sent and received.

2.3 The transmission of these radio signals may also be disturbed by the location of base stations, obstacles such as buildings or tunnels, and external factors, such as geographical or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile phone you have chosen and use.

2.4 Roaming Services are subject to roaming contracts and quality of service levels that have been agreed between national and international telecommunications operators. Lyca Mobile has no control over the contracts and quality of service levels agreed between these telecommunications operators.

2.5 For the reasons described above, Lyca Mobile does not warrant that the Services will be uninterrupted or error-free (with respect to Network availability, quality or coverage) in all places and at all times or that the Services will be tailored to your specific needs or that the Services will be fully protected against unauthorized interception.

2.6 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 you suffer as a result of any disruption of the Services for the reasons described above.

2.7 A PIN (personal identification number) and a PUK code (personal unlock code) are associated with your SIM Card. PIN and PUK codes should never be kept together. You will take all necessary precautions to preserve the secrecy of your PIN and PUK codes. You will be responsible for any fraudulent or improper use of your SIM Card or Account that results from intentional or accidental disclosure of your PIN or PUK code or transfer of your SIM Card to another person.

2.8 Our Customer Service may provide information about other mobile operators with whom we have portability agreements.

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

3.2 The SIM Card remains the exclusive property of Lyca Mobile. You must keep the SIM Card and you must not lose or damage it. Lyca Mobile will only replace a SIM Card if it is found to be defective due to poor workmanship or design. Lyca Mobile may charge you for replacing the SIM Card if Lyca Mobile reasonably believes that you are responsible for the loss or damage of your original SIM Card or if someone stole the original SIM Card. You are responsible for promptly notifying Lyca Mobile of any loss, damage or theft of your SIM Card or any fraudulent or improper use of your SIM Card.

3.3 If you do not use your SIM Card to make voice calls or send a message or data or if you do not purchase a top-up using the Top-Up Services for sixty (60) days from the date you last registered or activated your Account or used the Services (whichever is later),  Lyca Mobile will contact you by SMS or email to inform you that your SIM Card will be deactivated. Lyca Mobile will then give you an additional thirty (30) days to purchase a top-up using the Top-Up Services.

3.4 If you purchase a top-up using the Top-Up Services within this additional thirty (30) days, your SIM Card will remain active. You will be able to use any previous credit balance in your Account and you will be able to access and use the Services.

3.5 If you do not purchase a top-up using the Top-Up Services within this additional thirty (30) days, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific phone number will be reassigned 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.

The Services are prepaid services. You are required to make a top-up in advance in order for your Account to be credited. As soon as the Rates are incurred, they will be deducted from the amount credited to your Account. No invoice or statement will be issued to you. You can check your credit balance at any time by calling our Customer Service.

4.1 You pay for the Services by topping up your Account by using any of the Top-Up Services available from Lyca Mobile. You may use the Top-Up Services at any time after registering or activating your Account. You can top up your Account in several ways:

you can purchase a Top-Up Voucher at any participating retail store and activate the PIN by following the numbering instructions on the Top-Up Voucher. You can also activate the PIN for a Top-Up Voucher purchased at any participating retail store using the Online Top-Up Service.You can register your information with Lyca Mobile , purchase a Top-Up Voucher online and activate the PIN using the Online Top-Up service.You can register your information with Lyca Mobile and subscribe to “My Lyca Mobile” and You can register your information with Lyca Mobile and then contact Customer Service.

4.2 If you top up your Account within ninety (90) days from the date you last registered or activated your Account or used the Services (whichever is later), the amount of top-up credit purchased by you will be added to your credit balance in your Account at the time of your top-up.

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

4.4 Interest is not payable on any credit balance in your Account. Each time you use the Services (or if someone else uses your GSM mobile phone), the credit balance in your Account will decrease for the voice call, message or data you send or send depending on the destination and the applicable Rates.

4.5 Any new call credit purchased worth €5 will expire thirty (30) days after the top-up date. Any new call credit purchased worth €10 will expire forty-five (45) days after the top-up date. Any new credit valued at €20, €30, €50 or more, will expire ninety (90) days after the top-up date.

5.1 You agree to use the SIM Card in a compatible GSM mobile phone in order to use the Services.

5.2 You agree not to use the SIM Card or the Services and not to allow any other 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 or communicating any material that is offensive, abusive, indecent, defamatory, obscene or threatening, or harmful or hoax or that constitutes a violation of privacy, copyright infringement or is otherwise unlawful, to knowingly and deliberately cause any annoyance, inconvenience or unnecessary concern to any other person, in order to make an offensive, abusive, indecent, defamatory, obscene or threatening call to a Customer Service representative, to transmit a virus or other malicious software, to use the Services in a manner that diminishes the operation or security of the Network or that may result in death,  bodily injury or damage to property, with equipment not approved for use with the Network, including, without limitation, SIM boxes and SIM gateways, and to make calls to call forwarding services, indirect calling services or calls to telephone numbers that share revenue or resell to others or commercially exploit our Services.de in a manner contrary to the terms of this Agreement.

5.3 If Lyca Mobile reasonably suspects that you have failed to comply with any of the provisions of clause 5.2, Lyca Mobile shall have the right to suspend all or part of 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 your SIM Card is deactivated, your specific phone number will be reassigned to another Customer, you will no longer be able to use or access the Services, and you will not be entitled to a refund of any credit balance in your Account.

5.4 When activating a SIM Card, purchasing a Top-Up Voucher or using the Top-Up Services, you may be asked by Lyca Mobile to register Personal Data, such as your name, address, date of birth or credit or debit card information. If Lyca Mobile believes that the Personal Data you have provided is false, Lyca Mobile shall have the right to suspend all or part of 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 your SIM Card is deactivated, your specific phone number will be reassigned to another Customer, you will no longer be able to use or access the Services, and you will not be entitled to a refund of any credit balance in your Account.

5.5 Lyca Mobile reserves the right, after notifying the Customer by any means, to restrict or limit access to certain websites and services on its network whose content is illegal, prohibited, considered contrary to morality and public order or as infringing the rights of third parties.

6.1 Lyca Mobile generates, collects, uses, processes and stores your Personal Data only in accordance with applicable laws and regulations, as they may have been amended from time to time.

6.2 Lyca Mobile has implemented adequate technical and organisational security measures to protect your Personal Data against accidental or tortious destruction, accidental loss or corruption, and any unauthorised or criminal storage, processing, disclosure or access.

6.3 By simply registering or activating an account with Lyca Mobile, you consent to Lyca Mobile collecting, processing and sharing Personal Data that you have provided to Lyca Mobile or that has been generated in the course of providing the Services, including information about your phone calls, messages or data you have sent (“Traffic Data”),  as well as the geographical location of your mobile phone (“Location Data”) for the purpose of:

provide you with the Products and Services, manage your Account through Customer Service, provide you with information services, for example regarding Network failures, conduct market research and profiles on your usage and purchasing preferences, and comply with applicable laws and regulations.

6.4 In order to perform its obligations under this Agreement, Lyca Mobile may need to disclose your Personal Data to other companies who will process it on behalf of Lyca Mobile. These third parties are authorized 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 its suppliers and service providers in countries outside the European Economic Area. Lyca Mobile uses call centers and technical services from associated companies based in India. Where the data protection laws of these countries do not provide for the same level of data protection as in France, we will take steps to ensure that your privacy rights comply at least with the obligations of French law. We have agreed appropriate security measures with these associated companies in India, set out in a contract between us, to protect your Personal Data and we monitor compliance with these security measures for the duration of our relationship with these associated companies.

6.6 Lyca Mobile may at any time monitor or record your conversations with Customer Service. This may be done for quality control purposes, service improvement, execution of an administrative, regulatory or judicial services request, or to detect fraud.

6.7 Subject to applicable laws and regulations, Lyca Mobile will, upon written request, provide you with a copy of your Personal Data as retained by Lyca Mobile. You are responsible for informing Lyca Mobile of any changes to the Personal Data you have provided to Lyca Mobile. You can also request the rectification of any erroneous information. To the extent permitted by applicable laws and regulations, Lyca Mobile will delete your Personal Data upon your written request.

6.8 Lyca Mobile and other Lyca companies may contact you by post, telephone, email or SMS to let you know about products and services offered by Lyca Mobile or other Lyca group companies, including promotions and special offers that may be of interest to you. If you do not wish to receive this information, nor to be contacted in this way, you can at any time choose not to be the recipient of these direct marketing actions, by requesting free of charge to be registered on a special list.  You can make this request by contacting Customer Service or by sending an email to unsubscribe@lycamobile.fr.

7.1 Lyca Mobile shall not be liable for the delivery, performance or use of the Products and Services, except as set forth in this Agreement.

7.2 Lyca Mobile shall not be liable for any damages, losses or inconvenience suffered by you as a result of the content of any voice message, message or data sent or received by you.

7.3 Lyca Mobile shall not be liable for any damages, losses or inconvenience suffered by you as a result of the intervention of any third party, including any administrative, judicial or governmental body.

7.4 Lyca Mobile shall not be liable for any loss or damage suffered by you, where such loss or damage is indirect and is not the reasonable result of its failure to comply with any of its obligations; nor when Lyca Mobile is not at fault; or to the extent that you have contributed to the loss or damage.

7.5 If your SIM Card is lost or stolen, or if you believe that your SIM Card has been used fraudulently or inappropriately by another person, you must promptly contact Customer Service. Lyca Mobile may then block the use of your SIM Card. If you have not promptly contacted Customer Service, you will be liable for payment of all Fees related to the use of your SIM Card until you notify us, whether such charges have been incurred by you or by someone else.

7.6 Lyca Mobile shall not be liable for the failure of any point of sale to properly activate your SIM Card or Top-Up Voucher, or to process any payment made by you. In such cases, you must contact the point of sale that provided you with your SIM Card or where you purchased your Top-Up Voucher to request a refund.

7.7 We remind you that it is against the law to use a mobile phone while driving a motor vehicle and you acknowledge the inherent risk of using a mobile phone while driving a motor vehicle. Lyca Mobile cannot be held responsible for any loss, damage or inconvenience you may suffer as a result of using a mobile phone while driving a motor vehicle.

7.8 Nothing in this Agreement shall exempt or limit any Party’s liability for personal injury or death resulting from that Party’s negligence, liability under French consumer protection legislation (including the Consumer Code, where applicable) or the consequences of gross negligence, such party’s tort or gross negligence or any other liability that cannot be limited or excluded by applicable law.

7.9 Lyca Mobile’s liability to you under this Agreement is limited to the maximum aggregate sum of EUR 1,000.00 per complaint or series of related claims.

7.10 If you suffer any damage, loss or inconvenience, you must inform Customer Service in writing as soon as possible and in any event no later than four (4) weeks after discovery of the subject matter of this complaint. Damages, losses or inconveniences that have not been communicated to Customer Service within this four (4) week period will not be compensated. This four (4) week period does not apply if you use the Services as an individual consumer (and not in association with any business or business) and Customer Service could not reasonably expect to be notified by you within this period.

7.11 Lyca Mobile shall not be liable for any damage, loss or inconvenience suffered by you and shall not be liable for the provision of the Products or Services, as a result of any cause beyond Lyca Mobile’s control, including, without limitation, any Force Majeure Event. The Parties expressly agree that in addition to the cases usually retained by the French courts, the following events will be considered as Force Majeure Cases: exceptional weather conditions, act or omission of a public authority, including the modification of any regulation applicable to the performance of the Services, rebellion, insurrection, riot, war declared or not, act of the same nature,  strike, sabotage, theft, vandalism, explosion, fire, lightning, flood or other natural disaster, failure of a third party operator, act of a third party, exceptional electrical interruption of the Network, exceptional failures of the Network, withdrawal of authorization to create and/or operate the Network, which may affect Lyca Mobile.

8.1 Lyca Mobile reserves the right to amend these terms for legal or regulatory reasons, in connection with developments in the Products and Services we provide to you or if we wish to apply the same terms to all our customers. We may also modify or withdraw, in whole or in part, our Products or Services as a result of changes made by our Network providers or if such Products and Services are not economical or no longer serve their purpose for you or us. We may also change our Rates or introduce new Rates.

8.2 Please check this website regularly for such changes. If Lyca Mobile changes any term of this Agreement, including with respect to Pricing, Lyca Mobile will notify you. If you do not agree to a change notified to you because it is materially detrimental to you, you may cancel this Agreement or stop using the Services or topping up the Account. If you use these Services or top up your Account after a change made by Lyca Mobile, you will be deemed to have accepted it.

8.3 If we need to notify you of any change or otherwise in relation to the Services, the Fees or this Agreement, we will send you an SMS or notify you by email, post, telephone or other means including by recording a message on our Customer Service telephone number or updating our website.

9.1 If you have a question or complaint about the Products or Services, please contact our Customer Service in accordance with the instructions set out in clause 1.6 of this Agreement.

9.2 Lyca Mobile’s or Customer’s failure to enforce any right under this Agreement or postponing the enforcement of any right shall not prevent Lyca Mobile or Customer (as applicable) from taking any further action.

9.3 If any term of this Agreement is held to be void or unenforceable, in whole or in part, by any court or body of competent jurisdiction, or by reason of any law, it shall be null and void only to that extent. This will not affect the validity and enforceability of the other conditions.

9.4 Lyca Mobile is entitled to assign all of its rights and obligations under this Agreement to any third party. You may assign all of your rights and obligations under this Agreement to any third party with Lyca Mobile’s prior written consent.

9.5 This Agreement is governed by French law and the French courts shall have exclusive jurisdiction in the event of any dispute under this Agreement.

10.1 For any question or complaint, you must contact our customer service by phone at 01 77 72 23 22, by email at cs@lycamobile.fr or by mail at 107 Boulevard Pereire – 75017 PARIS.

11.1 You have the right to withdraw from this contract, without giving any reason, within fourteen (14) days.

The withdrawal period expires fourteen (14) days after (a) the day of conclusion of the contract or (b) the day of receipt of the goods for a contract including the delivery of goods; However, you can exercise your right from the day the contract is concluded. To exercise the right of withdrawal, you must notify us by email – cs@lycamobile.fr – or by post –  LYCA MOBILE SARL, consumer service, 107 Boulevard Pereire – 75017 PARIS – your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax).  You can use the model withdrawal form.

In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Withdrawal effects
In the event of your withdrawal from this contract, we will refund all payments received from you(*), including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the standard less expensive method offered by us) without undue delay and,  In any case, no later than fourteen (14) days from the day on which we are informed of your decision to withdraw from this contract. We will process the refund using the same payment method you used for the original transaction, unless you expressly agree otherwise; In any case, this refund will not incur any costs for you.

(*) If you have requested the activation of your services during the withdrawal period, the refund we owe you will be reduced by an amount equal to the communication times already used.”