Terms and Conditions

Standard Form of Agreement Summary valid from 19th August, 2018

Standard Form of Agreement Summary

 

IMPORTANT CUSTOMER INFORMATION: YOUR RIGHTS AND OBLIGATIONS

Summary of Standard Form of Agreement for the Lebara Mobile Telecommunications Services

This is a summary of the terms and conditions contained in the Lebara Pre-Paid Mobile Services Standard Form of Agreement (“Summary”). The full terms and conditions of the services provided by Lebara Australia Limited (“Lebara”) is contained in the Standard Form of Agreement (“Agreement”). The “Agreement” consists of the Summary, the General Terms (which includes the Standard Rate table at Appendix 1), Services Descriptions for the Lebara Standard Plan, Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, and the Fair Use Policy.

A copy of the Agreement may be obtained from the Lebara Website at www.lebara.com.au (“Website”) or by calling our Customer Services on 126 122 (from your Lebara Mobile) or 1300 126 122 (from a landline or any other mobile).

What is the service?
The service provided by Lebara (“Service”) is a public mobile telecommunications service with the features set out in clause 2 of the Agreement.

Lebara does not warrant or guarantee that the Service will be free from any interruptions or faults. The Service may not be available in all areas. It is Your responsibility to ensure that Your mobile phone is compatible with the Service.

Provision of Service 
The Service supplied under the Agreement shall continue to be supplied to You for 365 days for the Lebara Standard Plan and 30 days for the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, (“Initial Period”), following Your activation, last recharge or redemption of the Service provided that You have sufficient call credit except in the event that the Agreement is terminated earlier in accordance with clause 3 of the Agreement. During the Initial Period, no restrictions will apply to Your use of the Service, except as provided in the Agreement.

A recharge or redemption (“Recharge”) refers to the process of purchasing a pre-paid voucher and activating that voucher which replaces the amount of call credits You have on account with Lebara for the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Lebara Extra Large Plan, Lebara Extra Extra Large Plan, or otherwise purchasing additional call credits for the Lebara Standard Plan. Activation refers to the initial activation of the Service pursuant to clause 2.4 of the Agreement.

Where You recharge your Lebara Standard Service or redeem an additional Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, during the Initial Period, the Initial Period will restart and the Service shall be continued to be supplied to You for a period of 365 days for Lebara Standard Plan and 30 days for the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, from the last Recharge, subject to the terms and conditions of the Agreement. In addition, in the event of a Recharge of the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Lebara Extra Large Plan or Lebara Extra Extra Large Plan, any unused call credits pertaining to the relevant Service will be forfeited.

During the period of 60 days for the Lebara Standard Plan and 60 days for the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, after the end of the Initial Period (“Grace Period”), no restriction will apply to the Service subject to the terms and conditions of the Agreement. If You Recharge the Lebara Standard Plan during the Grace Period any unused call credits pertaining to the relevant Service will be retained by You. In the event of a Recharge of the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Lebara Extra Large Plan or Lebara Extra Extra Large Plan, any unused call credits pertaining to the relevant Service will be forfeited. On such Recharge, the Grace Period will end and the Initial Period will restart. If You do not Recharge during the Grace Period, You will forfeit any remaining call credits pertaining to the relevant Service.

Where no Recharge occurs during the Initial Period and the Grace Period, then for the next 10 days for Lebara Standard Plan and the next 10 days for the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, after the end of the Grace Period (“Dormant Period”), You are able to receive but not make or send calls, SMS and MMS, however You are able to make Emergency calls. During the whole of the Dormant Period, You are able to Recharge after which date the Dormant Period will end and the Initial Period will restart.

Where no Recharge occurs during the Initial Period, Grace Period or for Dormant Period (for Lebara Standard Plan), then for the next 10 days after the end of the Dormant Period for the Lebara Standard Plan and the next 10 days after the end of the Grace Period for the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, (“Suspended Period”), You will not be able to use any of the Service, including receiving, making or sending calls, SMS and MMS, however You are able to make Emergency calls and calls to our Customer Care Helpline (126 122) from Your Lebara? Mobile phone. You are able to Recharge during the Suspended Period after which date the Suspended Period will end and the Initial Period will restart.

If You do not Recharge before the end of the Suspended Period, the Service will be terminated at the end of the Suspended Period. You will forfeit any call credits for the Service and also lose Your mobile service number and Lebara will be unable to return it to You.

To make outgoing calls or use additional services, Lebara requires that the call credit be sufficient to cover the charges for the type of call service You are attempting to use or make. If it is insufficient, you will be unable to make the outgoing call or use the additional service.

Lebara will not connect a call if Your call credit is insufficient to meet the minimum charges applicable for the type of call You are trying to make.

We may terminate a call without notice if Your call credits fall below $0 during a call. For example, if Your call credits are exhausted during the course of a call, the call will automatically terminate without further warning.

Call credits need to be added (via Recharge vouchers) when You do not have the minimum call credits to make a call.
The following methods are available for activating a Recharge voucher:

  1. by calling 126 123from your Lebara Mobile and following the prompts to recharge; or
  2. via the Website at http://www.lebara.com.au/recharge and entering your voucher PIN; or
  3. by using a credit card (no voucher involved) by visiting the Website at http://www.lebara.com.au/recharge; or
  4. via the menu on Service compatible mobile phones. You will need to select “Account” on the menu, then “Payment” then “Voucher” and then follow the instructions

For the avoidance of doubt, call credits are not redeemable for cash.

Charging
Rates and charges which apply to the Service (save for the Included Services in relation to the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, (see definition below)) are contained in clause 10.3 of the Agreement. For a complete list of the types of charges (including the cost of connection) which apply to the Service and the amount of each charge, please see the Standard Rate Table which is Appendix 1 to the Agreement. Clause 2 of the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, Services Description (available on the website) sets out which services are included should You purchase a Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, (“Included Services”) and which services are deducted from Your included credit at the rates set out in the Standard Rate Table. Clause 2 also sets out the different denominations of the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, that can be purchased and the effect on your credits should You transfer between the two plans.

The circumstances that must exist before a charge becomes payable are also set out in clause 10.3 of the Agreement.
Lebara may vary the rates and charges from time to time.

Lebara may also offer discounts, credits, rebates or any other special promotions from time to time. Where applicable, it will provide details of the amount of the discount, credit or rebate, and how they are worked out, in the Standard Rate Table or on its Website, as Lebara deems appropriate.

Billing
Lebara will not send You any bills, invoices or statements recording calls made from the Service (including their charges).
If You owe Lebara any money and this is not paid when it should have been paid, Lebara may recover the outstanding amount from any credit balance on Your Recharge account held by Lebara. Lebara may charge You interest daily on the unpaid amount at a rate specified in clause 10.3.17 of the Agreement.

Term of the Agreement
The Agreement commences when You purchase and are provided with a Lebara pre-paid product.

The Agreement ends at the earlier of when:

  • it is terminated by Lebara or You in accordance with the provisions of the section below; or
  • You do not Recharge the Service for a continuous period of 435 days for the Lebara Standard Plan, or 100 days for either of the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan or the Lebara Extra Extra Large Plan.

 

Termination of the Agreement

Either Lebara or You shall be entitled to terminate the Agreement by giving at least 30 days’ written notice to the other.

Lebara shall be entitled to terminate the Agreement immediately where You are in breach of Your obligations under the Agreement or in the event of Lebara being unable to provide the Service or where You are suspected of involvement in fraud and/or gross negligence.

If You do not Recharge for a continuous period of 435 days on Lebara Standard Plan or 100 days on the Lebara Extra Small Plan, Lebara Small Plan, Lebara Medium Plan, Lebara Large Plan, Extra Large Plan, Lebara Extra Extra Large Plan, then the Agreement will terminate automatically and shall be deemed to be terminated by You pursuant to clause 3.3 of the Agreement.

If You are an individual, in the event of Your death, Lebara reserves the right to terminate the Agreement without notice as soon as Lebara becomes aware of Your death. Your estate must pay all outstanding charges under the Agreement.

Termination is without prejudice to the rights and obligations of the parties which have accrued prior to termination. The right to immediately terminate the contract for due cause remains reserved by Lebara.

Variations of the terms and conditions of the Agreement
Variations to the Agreement may include, but are not limited to, changes to the charges and rates, expiry periods of Recharge vouchers and features of the Service.

Where a variation to the terms and conditions of the Agreement could reasonably be expected to adversely affect You or cause detriment to You, Lebara will give You reasonable notice before the variations come into effect.

You may be informed of the variations which would cause You detriment by any of the following means:

  1. Notice sent to Your email address (if You agree);
  2. Notice sent to Your postal address; or
  3. Notice sent to You via SMS to Your mobile phone.

For any other variations, please consult the Website to obtain the most current and up-to-date copy of the Agreement.

Rights and remedies available to You
Information about the Service can be found in the Agreement and on our Website.

If You do not understand the Agreement, please call our Customer Care Helpline on 1300 126 122 (from landlines) or 126 122 (from your Lebara mobile phone).

In addition, You can call the National Relay Service on 13 36 77 for communications assistance or the Translating and Interpreting Service on 131 450 to ask for assistance from an interpreter.

Please also contact the Lebara Customer Care Helpline if You would like a copy of this Summary in an alternative format, for example in Braille or large print form.

If Your mobile phone, SIM card or accessories, which have been provided by Lebara, develop a fault or need repair as a result of them being defective within 6 months of the original purchase date, please contact the Lebara Customer Care Helpline who will help or arrange for Your mobile phone or accessories to be repaired or replaced under the terms of the manufacturer’s warranty.
Please see the Lebara Complaint Handling Information document (available on the Website) for information about Lebara’s procedures for handling complaints.

If You would like to report any faults with the Service, please contact our Customer Care Helpline on
1300 126 122 (from landlines) or 126 122 (from mobile phones).

Where You are dissatisfied by the outcome of a complaint that You have raised with Lebara, You may take up Your complaint with the Telecommunications Industry Ombudsman or the Office of Fair Trading of each State or Territory.

The Telecommunications Industry Ombudsman is able to deal with complaints that You have not been able to resolve with Lebara. Their website can be found at www.tio.com.au.

The Office of Fair Trading provides information and assistance for consumer issues generally. The website for the NSW Office of Fair Trading is www.fairtrading.nsw.gov.au.

Use of Your Personal Information
Lebara may collect personal information about You in compliance with relevant legislation.

Lebara may collect Your personal information from You or from a credit provider or credit reporting agency (subject to the requirements of Part IIIA of the Privacy Act).

The Australian Media and Communications Authority requires Lebara to collect certain identifying information about You before You can be connected to the Lebara network. If Lebara does not collect Your personal information Lebara may not be able to provide the Service to You.

Lebara may use Your personal information:

  1. to provide the Service to You or to facilitate the supply of the Service to You by other suppliers (where relevant) including using the personal information for the investigation or resolution of disputes relating to any Service provided to You;
  2. to provide information to You about other goods or services, special offers or promotions which Lebara or any of its related bodies corporate or any of its partners and associates (such as telecommunication entities, providers of products or services which are related to the Service, distributors, outlets, media entities, event organisers, equipment suppliers and the suppliers of any other products or services with whom Lebara has engaged in a joint initiative) may offer to You; and
  3. as otherwise authorised or required by law.

Lebara may disclose Your personal information to:

  1. other suppliers or related bodies corporate (within or outside Australia) for the purpose of enabling Lebara or where relevant Lebara’s related bodies corporate to provide the Service to You (including the investigation and resolution of disputes or complaints concerning the provision of the Service);
  2. related bodies corporate, Lebara’s partners and associates (such as telecommunication entities, providers of products or services which are related to the Service, distributors, outlets, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom Lebara has engaged in a joint initiative) so that they can provide information to You for marketing purposes, including but not limited to, information about goods and services they offer;
  3. regulators, government agencies or individuals appointed by a government responsible for the investigation and resolution of disputes, complaints or in connection with legal proceedings, concerning Your use of the Service, for the purpose of enabling investigation and resolution of those disputes or complaints;
  4. other entities with whom Lebara has established or will establish an affinity program to enable You to participate in the affinity program;
  5. other entities who provide services to Lebara related to the provision of the Service to You (including SMS, a mail house, resellers (or contractors engaged by resellers)) to enable them to provide those services to Lebara or administer payment arrangements in connection with those services; and
  6. as otherwise authorised or required by law.

If required by law, Lebara will provide You with access to Your personal information upon request. If at any time, You wish to have Your personal information altered in any way, please contact Lebara via email at careoz@lebara.com or by calling our Customer Care Helpline on 1300 126 122 (from landlines) or 126 122 (from your Lebara Mobile).

You may be obliged to pay a fee as set out in the Standard Rate Table.