Lebara Prepaid Mobile Services Standard Form of Agreement
Lebara Prepaid Mobile Services Standard Form of Agreement - General Terms
Under the Telecommunications Act, We may enter into a contract with Our Customers by way of a Standard Form of Agreement. This document contains the general terms and conditions of the Standard Form of Agreement (“General Terms”) on which we provide Our Services to You.
The Lebara Prepaid Mobile Services Standard Form of Agreement (“Agreement”) consists of the following documents:
The Agreement shall remain valid and active until terminated in accordance with its terms and conditions. Any natural person, legal entity or partnership, who uses the Services (when Your account is first activated) will be deemed to have accepted the terms and conditions set out in the Agreement and will be referred to as a Customer of Lebara. The Agreement shall apply to all Services provided by Lebara, whether for a fee or free of charge. The currently valid and binding version of the Agreement is available on the internet at www.lebara.com.au.
General Terms and Conditions
1 Lebara Standard Form of Agreement
1.1 Lebara Australia Limited ACN 132 846 738 (“Lebara”) will provide You with the Services in accordance with the terms and conditions of the Agreement”) and any documents validly incorporated by reference.
1.2 The Agreement commences when You purchase and are provided with a Lebara pre-paid product.
1.3 To the extent permitted by law, Lebara may vary its Services or its charges or add new Services from time to time without notice to You. Lebara may also vary the Agreement by giving You reasonable notice. The Agreement, as amended from time to time, will be available on the Website at www.lebara.com.au.
1.4 Defined terms are set out in clause 21.
1.5 You agree to comply with the Terms and Conditions of the Fair Use Policy, the latest version of which can be found on the website.
2. The Services
2.1 Services Descriptions
The Services Descriptions form part of the Agreement and provides a detailed description of the Services that we offer specific to the plan you have nominated. Please refer to the relevant Services Description for more information about your applicable plan.
2.2 Accessing the Services
2.2.1 To obtain the Service, You will need to apply for a Lebara Starter Pack or SIM Pack. No mobile phone is provided with the Lebara SIM pack.
2.2.2 You acknowledge and agree that Lebara will subject the information that You submit on Your order to a verification check.
2.2.3 If purchasing via Our Website and Your order is accepted, Your Lebara pre-paid SIM Pack or Starter Pack will be dispatched to You. Your order will be delivered to the delivery address You specify in the order.
2.2.4 Once You have received Your SIM Pack or Starter Pack, You will need to register the Service and select any optional Service features, if applicable.
2.2.5 You may only Port Your existing MSN when You first activate Your SIM card via the Website. Alternatively, You may call Us on 126 122 from Your Lebara Mobile or 1300 126 122 from any other phone during Lebara’s standard hours of operation.
2.2.6 The SIM card is ready to use once You have successfully activated the Service by calling Our Customer Care Helpline or via the Website.
2.2.7 You may only Recharge by following the processes outlined in the applicable Services Description.
2.3 Additional services/features offered by Lebara
Please note that not all mobile phones support all additional services and it is your responsibility to check which additional services are available on Your mobile phone.
2.3.4 Content and Data Services
2.3.5 Lebara will provide additional services you request provided the additional services are available on Your SIM card and mobile phone. You may need to select some of the additional services when applying for or registering the Services.
2.4 Use of Services
2.4.1 In using the Services, You must:
2.4.2 You must not use, attempt to use, or permit the use of the Services:
2.4.3 Lebara may ask you to stop doing something which Lebara reasonably believes to be contrary to clause 2.4.2. You must immediately comply with any such request. In the event you do not comply, Lebara may take all reasonable steps necessary to ensure compliance with clause 2.4.2, including suspending or disconnecting Your Service.
2.4.4 You acknowledge that Lebara may be required by law to intercept communications over the Service and may also monitor your usage of the Service.
2.4.5 Usage of the Services and Lebara SIM card is limited to fair and reasonable usage. Our Services and Standard Rate Table assume fair usage of the Services by You. In the event of fair usage not being sustained on your account, Lebara reserves the right to ask you to vary your use, review the rates and tariffs applied to your account or to suspend or terminate the Services. In this event, such termination shall be deemed to have been made by you.
2.4.6 You are wholly responsible for the security and use of your mobile phone and SIM card and indemnify Lebara against all claims which may arise through your use of the Services. This includes the use of Services that incorporate new technologies such as SMS, MMS and other additional services offered by Lebara for use on your mobile phone.
3 Termination of the Agreement
3.1 Either Lebara or You shall be entitled to terminate the Agreement by giving 30 days’ written notice to the other. Subject to an administrative fee, Lebara may provide a refund of any remaining Call Credits for Your Services where Lebara terminates the Agreement if You request such a refund in writing during such notice period addressed to Lebara Mobile Customer Care, Level 6, 61 Lavender Street, Milsons Point, NSW 2061. No refund will be available for any Call Credits where You are in breach or have breached the Agreement, or where the Agreement has been terminated by you.
3.2 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 Services or where you are suspected of involvement in fraud and/or gross negligence.
3.3 Where You do not recharge for a continuous period of 120 days following your activation (for SIM’s with preloaded credit) or last recharge of the services; or 60 days following activation of SIM’s with preloaded plans the Agreement will terminate automatically and shall be deemed to be terminated by You.
3.4 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.
3.5 Termination is without prejudice to the rights and obligations of the parties which have accrued prior to termination.
3.6 The right to immediately terminate the contract for due cause remains reserved by Lebara.
4 Suspension and Disconnection
4.1 Suspension or Disconnection from the Services
4.1.1 In addition to Our rights under the terms of the Agreement, We may suspend or disconnect the Services in whole or in part at any time without notice or liability where:
4.1.2 Lebara may investigate any complaint made, whether by or against you and reserves the right to suspend the Services if a complaint has been made against you pending the results of the investigation of the complaint.
4.1.3 A service which has been suspended is not able to undertake any of the Services, including receiving, making or sending any calls, SMS or MMS other than making calls to Emergency Services or to the Lebara Customer Care Helpline from your Lebara Mobile (126 122).
4.2 Permanent Disconnection from the Services
4.2.1 Lebara may permanently disconnect Your Service from the Network where:
4.2.2 When disconnected from the Network:
4.2.3 Lebara reserves the right to charge you the SIM card replacement fee for SIM cards not returned within 7 days of cancellation.
4.2.4 Without limiting any other rights Lebara may have under the Agreement, Lebara may cancel the Services by 30 days’ notice published in at least one major daily newspaper in each capital city in Australia.
5 Network Information
5.1 Quality of Service
5.1.1 The Services are not available in all areas of Australia. The quality and the availability of the Services are subject to certain limitations, including, the proximity of base stations and circumstances beyond Lebara’s control. These circumstances include geographic and atmospheric conditions, and the functional capability of the mobile phone used in connection with the Services.
5.1.2 The Services might also be adversely affected by other circumstances beyond Lebara’s control, including, but not limited to, the following:
5.1.3 Within a service area, it is technically impracticable to guarantee and Lebara does not guarantee that the Services are available in each place within that area, or that 'drop-outs' will not occur in the course of a call or that capacity is available at all times or that the Service is free of faults or error. Similarly, Lebara does not guarantee that all traffic can or will be transmitted by the Network or that there will be absolute protection of its Network against unauthorised access or interception.
5.1.4 You acknowledge that you are responsible for inquiring whether Network coverage is available in areas in which you ordinarily require the Service prior to the purchase of the Service.
5.1.5 You also acknowledge that the Services may not be available from time to time as a result of circumstances beyond Lebara’s control, including (but not limited to) factors identified in clauses 5.1.1 and 5.1.2.
5.1.6 Lebara does not warrant that the Services will be free of blockages, delays, Network failure, congestion, interferences or faults of any kind. Lebara will not be responsible for any loss or damage that may arise as a result.
5.2 Fault Reporting and Rectification
5.2.1 As soon as you become aware of any fault in the Services, You must report that fault to Lebara by calling Our Customer Care Helpline or e-mailing us at email@example.com. Before reporting a fault to Lebara, You must take all reasonable steps to ensure that the fault was not a fault in your mobile phone or equipment and that you are using the Service and equipment correctly.
5.2.2 You must provide all necessary assistance to enable location and rectification of any fault regardless of whether that fault is the responsibility of Lebara or another Supplier.
5.2.3 Lebara is not responsible for any fault that is in the equipment within the Network and will notify the Supplier of the fault and request its verification.
6 SIM Cards
6.1 the SIM card remains the property of Lebara at all times unless it is assigned, distributed, sold or otherwise transferred by Lebara to distributors and/or retailers of Lebara’s Services. You must take all reasonable care to keep the SIM card safe and in good condition and must notify us immediately if it is lost, stolen or damaged.
6.2 You will be liable for the charges incurred through the use of the Service supplied in relation to Your SIM card. This includes the charges incurred through the use of the Services where Your SIM card has been lost, stolen or damaged (whether activated or not) prior to Lebara being notified of the loss or theft.
6.3 You must return the SIM card within a reasonable time when requested by us if we issue you with a replacement SIM card or we no longer supply the Service to You. We may charge you a replacement fee if you do not return the SIM card upon our request, at the rate shown in the Standard Rate Table.
6.4 A SIM card replacement fee is applicable if you have lost or damaged Your SIM card at the rate shown in the Standard Rate Table.
6.5 Lebara will replace a faulty SIM card free of charge. Return the faulty SIM card to:
Customer Care, Lebara Australia Limited, Level 6, 61 Lavender Street, Milsons Point, NSW 2061
6.6 SIM cards may be available for purchase from time to time on the Lebara Website. If the SIM card is available for purchase online and you decide you do not want Your Lebara SIM card after you have bought it online from www.lebara.com.au, you must return it to us within 7 business days at your own cost. Our returns policy only applies to SIM cards which are unused (i.e. not activated, not used to make or receive calls or send or receive messages or data and is still attached to the original SIM card holder). Our returns policy operates in addition to any other rights you have.
6.7 Refunds (where applicable) will be credited to the card used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow 30 days for the refund.
6.8 Lebara has the right to refuse the provision of subsequent SIM cards to you, once you apply to receive, or currently have registered in your name or an associate’s name, 3 or more Lebara SIM cards.
6.9 Lebara is not under any circumstances liable for any SIM card or any other goods which are lost in the post. You are advised to send returned goods by registered or recorded post to:
Lebara Australia Limited,
Level 6, 61 Lavender Street,
7 Mobile Phones
7.1 Mobile Phones
7.1.1 Lebara may offer for sale mobile phones to be used in connection with the Services.
7.1.2 You are responsible for the maintenance of your mobile phone. If your phone appears to be faulty or interferes with the Services, if requested by Lebara, You must:
7.1.3 Lebara will have no liability to you in relation to your mobile phone, or Your use of the Phone in connection with the Services.
7.1.4 If you supply your own mobile phone, you acknowledge that Lebara makes no warranty as to the suitability of the mobile phone for use in connection with the Services or individual service features.
7.1.5 If you supply your own mobile phone, Lebara at any time may request you to provide proof of ownership of your mobile phone to protect consumers from illegal trade in mobile phones. You must provide that proof within 5 business days of Lebara’s request. If you fail to provide proof of ownership within 5 business days, Lebara may suspend Your Service until such evidence is provided.
7.2 Equipment Delivery and Returns
7.2.1 If You have purchased a Lebara mobile phone, you may return at your own cost the mobile phone to the same point of purchase within 14 days of receipt in order to receive a full refund of the amount you paid for the phone.
7.2.2 A full refund will only be available if the Lebara mobile phone is undamaged, in good working order, and the original packaging is present including all accessories and the SIM card. All additional services, free or discounted products, vouchers, coupons or any gift or inducement of any type received as a result of purchasing the mobile phone must be returned. Lebara reserves the right to reject returns if any content is missing, or the mobile phone, SIM card or other accessories are damaged or marked, or are considered to be in poor condition.
7.2.3 You are responsible for the SIM card, mobile phone and other goods until they are received by us. Lebara is not under any circumstances liable for any SIM card, mobile phone or any other goods which are lost in the post.
7.2.4 If Your Lebara mobile phone, SIM card or accessories develop a fault or need repair as a result of them being defective within 6 months of the original purchase date, please contact firstname.lastname@example.org who will help or arrange for Your mobile phone or accessories to be repaired or replaced under the terms of the manufacturer’s warranty.
7.2.5 If the manufacturer’s warranty, as set out in the warranty information which accompanies the mobile phone, has an extended warranty beyond this 6 month period, please contact the manufacturer under the terms of their warranty during this extended period.
7.2.6 Lebara reserves the right to repair your mobile phone or accessories or to replace them with a new or reconditioned mobile phone or accessories of the same manufacturer and model. Where the model has been discontinued or Lebara is unable to source it, we may replace it with a model with substantially the same features and functionality. Please note that it may take between 14 to 28 days (or on occasion longer) for Lebara to do this.
7.2.7 All products returned to You will be subject to a per unit delivery charge (see the Standard Rate Table such charge may be amended from time to time by Lebara). Lebara reserves the right to charge an administration fee (see the Standard Rate Table) for any items that are returned as faulty under the warranty that prove not to be faulty.
7.2.8 For mobile phones and other goods bought online from www.lebara.com.au, a refund will only be available if the unused phone and goods are returned to us within 7 business days of delivery at your own cost. The unused phone and other goods must be returned in their original packaging. No refund will be available if:
7.2.9 When ordering a Starter Pack, We recommend your order be delivered to a business address or an Australian post office.
7.2.10 we are not able to deliver packages to universities, hospitals, colleges, building sites or other such areas.
7.2.11 when your parcel arrives by courier, You will be required to show some proof of identity and sign for the delivery.
7.2.12 Where You have ordered equipment from Us, You can cancel Your order at any time before receiving delivery. Once You receive the delivery, it cannot be returned.
7.2.13 After We have taken Your order, You may not change the name of the person accepting delivery or the delivery address. We may exercise Our discretion with respect to this clause if You can satisfy Us that You have reasonable grounds to request the changes
7.2.14 In the event of delivery failure, We will reorder and resend the goods to You. This process will require further 3 to 5 working days to reach You. We may require You to complete a declaration of loss form or sign a statutory declaration where a delivery failure is challenged.
7.2.15 Our courier will deliver the order to the delivery address advised to Us. Only You can accept delivery of the goods. Valid identification will be required to accept delivery.
7.3 Mobile Service Number (MSN)
7.3.1 If You do not have a MSN for Your mobile phone for use with the Services, We will allocate You a MSN automatically with the SIM card. If You do have a MSN, You can port it from another Carrier or Carriage Service Provider (see clause 8 for further details).
7.3.2 All MSNs are selected, issued and used by Us in accordance with the ACMA’s Numbering Plan and Telecommunications Numbering Plan Number Declarations (“Numbering Regulations”).
7.3.3 You do not own the MSN allocated to You and Your right to use the MSN ceases once Your access to the Services is cancelled for any reason unless You Port the MSN to another Supplier.
7.3.4 We may be required by the Numbering Regulations to vary, withdraw, suspend or re-assign a MSN We have allocated to You.
7.3.5 Except as set out in clause 7.3.6 below, if, for any reason, You require a new MSN, You may be obliged to pay a fee as set out in the Standard Rate Table and You will forfeit all remaining Call Credits on Your existing MSN.
7.3.6 If You require a new MSN because You have received calls of a harassing nature and You have reported the matter to the relevant law enforcement agency, We may at Our discretion issue a new MSN to You free of charge on the first two occasions. Thereafter, a fee as set out in the Standard Rate Table will be charged. In this situation, any Call Credits remaining on the original MSN will be forfeited.
7.3.7 We are not liable to You for any expenses or losses incurred by You or Your business due to:
8 Mobile Number Portability
8.1 MSN Porting from another Carrier or Carriage Service Provider to Lebara.
8.1.1 You may be able to Port a MSN you have obtained from another Supplier to us. Should you wish to do so, contact us to initiate the Port.
8.1.2 If in providing the Services to You, Lebara needs to change your arrangements with your current Supplier, then Lebara will do so in accordance with this clause.
8.1.3 If you wish to transfer your existing MSN to Lebara, You must notify us of your intention to Port when ordering Your Lebara Starter Pack or SIM Pack or when You activate the SIM card.
8.1.4 Porting will take place in accordance with the Australian Communications Industry Forum industry code Mobile Number Portability ACIF C570:2005 (“MNP Code”).
8.1.5 You acknowledge and agree that:
8.2 MSN Porting from Lebara.
8.2.1 You can Port a MSN You have obtained from Us for use with the Service to another Supplier.
8.2.2 If You Port Your MSN to another Supplier:
8.2.3 You may only Port the MSN, You cannot Port any additional services.
8.2.4 You may only Port an MSN for which You are the authorised customer.
9 Lost or Stolen Phone and/or SIM cards
9.1 If You obtain a mobile phone that is lost or stolen, or obtain the Services or a mobile phone under false pretences, Lebara may block Your mobile phone on the Network without Your consent, even if You are not aware it is stolen.
9.2 Lebara is not responsible for any lost or stolen SIM cards. You will be responsible for the charges for all Services used by any other person using Your lost or stolen SIM card.
9.3 If Your SIM card is lost or stolen, You may call Our Customer Care Helpline or email Us at email@example.com to request that Your SIM card be blocked. This will prevent unauthorised calls being made and charged to Your Service.
10 Billing, Fees and Charges
10.1.1 Lebara will not send You any bills, invoices or statement recording calls made from the Service.
10.2 Free Calls
10.2.1 Calls to Emergency service numbers (112 or 000), Customer Care Helpline (126 122) and Recharge (126 123) are free if called from Your mobile phone using the Services.
10.2.3 Lebara may offer free or discounted calls on promotions from time to time, and reserves the right to cease any or all promotions at any time without notice.
10.3 Service Rates and Charges
10.3.1 Once Your SIM card is activated you will be charged for the use of the Service in accordance with the rates and charges set out in the Standard Rate Table for whichever plan you are on. You can check which plan you are on by logging in to My Lebara or calling Customer Service. Lebara may vary the rates and charges for the Services, including adding extra charges, from time to time, without notice to You.
10.3.2 Where the variations to the rates and charges for the Services, including those set out in the relevant Standard Rate Table can reasonably be expected to adversely affect You, We will give You reasonable notice either in writing or by notice on Our Website a reasonable time before the changes take effect. These variations can be implemented at any time and can be effective from any date. If You continue to use the Services after the entry into force of changes in prices, the new prices will be considered as accepted. Fees and charges for additional services may also be amended at any time.
10.3.3 The Standard Rate Tables specify:
10.3.4 The current up-to-date binding standard rates and charges are published at all times in the Standard Rate Table for each plan. A copy of these documents can be found on the Website.
10.3.5 When You activate the SIM card on the Network, You will have available the amount of credit You have purchased. At no time can You convert into cash or redeem Call Credits as cash and You cannot apply Call Credits against any other Services held by You or anyone else with Lebara.
10.3.6 The SIM card may contain an initial credit and/or promotional credit that will be credited to Your account in accordance with the terms and conditions applicable to that offer.
10.3.7 You pre-pay for the Services by Recharging Your account with Us. You do this by purchasing Recharge vouchers, or otherwise purchasing additional Call Credits and following the procedures are set out in each Services Description.
10.3.8 Your pre-payments for Recharge vouchers or additional Call Credits otherwise purchased by You are not repayable by Us nor are interest payable on any credit You have with Us. Each time the Services are used by You (or someone else using Your mobile phone), Your Call Credits are reduced, by reference to the relevant rates and charges in the appropriate Standard Rate Table, save for those Services that are Included Services within any of Lebara’s 30 day plans.
10.3.9 The call charges for international calls are stated and charged per minute and will be rounded up to the next whole minute. Therefore the minimum call charge shall be for one minute at prevailing rates plus any flagfall which may be applicable.
10.3.10 The call charges for national mobile and landline calls are stated and charged per minute and will be rounded up to the next whole minute (save for those Services that are Included Services within any of Lebara’s 30 day plans). Therefore the minimum call charge shall be for one minute at prevailing rates plus any flagfall which may be applicable.
10.3.11 When determining the time at which a call is placed, the time used will be the local time at the mobile switching centre through which the call first passes. This will not necessarily be the local time at the place the calling party is located.
10.3.12 You will not be charged for Unsuccessful Calls.
10.3.13 Unless stated otherwise, the charges payable for the Services in the Agreement are inclusive of GST. Where the charges are expressed to be exclusive of GST, You must pay an additional amount to any GST payable on the supply of the Services.
10.3.14 Except in the case of an obvious error, Our records determine how much Your account is Recharged and the rate of use of the Services. Lebara will only refund monies where We have charged You an incorrect amount.
10.3.15 For the avoidance of doubt any physical Recharge voucher shall expire by the date stated on the voucher (if any).
10.3.16 Please be aware that purchase of the Recharge voucher or additional Call Credits via the internet or electronically is not always secure. Lebara is not liable for any loss or damage, however resulting, from Your purchase of Recharge vouchers or additional Call Credits.
10.3.17 If You owe Us any money and this is not paid when it should have been paid, We may recover this from Your Call Credits. We may charge You interest daily on the unpaid amount at the rate of 15% per annum above the 30 Day Average Bid Bank Bill Swap Reference Rate last published in the Money & Bond Markets Section of the Australian Financial Review from time to time.
11 Bundles and Promotional Offers
Please see the Lebara Website http://www.lebara.com.au/offer for the most up to date bundle and promotional offers (if any).
12 Privacy Issues
12.1 Personal Information
12.1.1 Lebara may collect Personal Information about You in compliance with relevant legislation.
12.1.2 You acknowledge and agree that:
12.1.3 You acknowledge and agree that Lebara may disclose Your Personal Information to:
12.1.4 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 Us via email at firstname.lastname@example.org or by calling Our Customer Care Helpline.
12.1.5 Calling Line Identification will be automatically activated on commencement of the Services. If You do not want Your number displayed, it is Your responsibility to deactivate this functionality.
12.1.6 If You wish to make any payment to Lebara using a credit card, Lebara may store Your credit card details in accordance with the "Terms and Conditions governing the collection, use and disclosure of credit card details". A copy of these Terms and Conditions will be made available to you upon your request to register your credit card.
12.2.1 You acknowledge that Lebara and other suppliers of pre-paid GSM services are required under various telecommunications and privacy legislation to ask customers for evidence of their identity and that:
12.2.2 You must provide Lebara with any change in Your residential address and other customer details provided to Lebara within 14 days of any change by calling Our Customer Care Helpline, or emailing Us at email@example.com
13 Customer Care
13.1 Customer Care services are available by calling 1300 126 122 from a landline, or 126 122 from Your Lebara Mobile.
13.2 Calls to Customer Care are charged at the rate shown in the Standard Rate Table.
13.3 Any questions, issues or complaints regarding the Service can be sent:
13.4 Should You feel a complaint is not satisfactorily resolved, You may be entitled to raise certain matters directly with ACMA, the Australian Consumer and Competition Commission or the Telecommunications Industry Ombudsman.
13.5 The National Relay Service (“NRS”) makes it easier for You to contact Lebara if You are deaf or have a hearing or speech impairment. The NRS numbers are:
13.6 For translating and interpreting services over the telephone, the Translating and
Interpreting Service (“TIS”) National may be of assistance. The TIS contact number is: 131 450
14 Limitation of Liabilities
14.1 Lebara and its Related Bodies Corporate will not be liable in contract, tort (including negligence) or otherwise for direct or indirect losses, damages, inconvenience or expense arising under or in connection with the Services and Your use of it, loss of revenue, loss of use, lost business or missed opportunities or for any loss or damage that is indirect and/or was not reasonably foreseeable at the time these terms and conditions were entered into.
14.2 You may have certain rights and remedies under the Competition and Consumer Act 2010 (Commonwealth) and other laws, which may imply certain conditions and warranties into the Agreement. Lebara does not exclude or restrict or modify those rights, remedies or implied conditions and warranties where it is unlawful to do so. All other terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, relating to the supply of the Services are excluded.
14.3 Where Lebara is liable for any loss or damage in connection with or arising from the breach of any term, condition, warranty or remedy implied by the Competition and Consumer Act 2010 (Commonwealth) Lebara’s liability is limited to resupplying, repairing or replacing the relevant Service where the Service is not of a kind ordinarily required for personal, domestic or household use or consumption. To the maximum extent permitted by law, We limit Our liability to You to the price paid for the Services.
14.4 Lebara has no liability to You or to any other person for:
14.5 You shall at all times indemnify and hold Lebara, its Related Bodies Corporate, and its partners and associates, harmless from and against claims for loss, damage, costs and expenses howsoever arising (directly or indirectly) resulting from Your breach of any provision of the Agreement, use of Services and/or any unauthorised or illegal acts or omissions.
14.6 Lebara relies on third parties to carry calls made in Australia to international destinations. Calls carried by third parties are outside the control of Lebara and You agree that Lebara is not in any way liable for any loss, damage, costs and expenses howsoever arising (directly or indirectly) suffered by You resulting from the carriage of these calls, including, but not limited to, the quality, connectivity or delay in the connection of these calls.
15 Customer Acknowledgement and Obligations
15.1 These acknowledgements and obligations are in addition to and not in substitution of any acknowledgements and obligations elsewhere in the Agreement.
15.2 You acknowledge and agree that:
15.3 Lebara supplies the Services (and each individual service) for the purpose of:
15.4 In using the Services, You must:
15.5 In addition to Your obligations under the terms of the Agreement, You must not:
15.6 If You breach clause 15.3, 15.4 or 15.5 in respect of the Services or an individual service then Lebara may, in addition to and without limiting its other rights, immediately suspend or terminate the Services or the individual service by giving notice to You.
15.7 You acknowledge that Lebara gives no warranty as to the performance or characteristics of any software supplied in connection with the Service.
15.8 You must not reverse the charges on any telephone call or accept a reverse charged call. This applies if You loan/give Your mobile to someone else.
15.9 The maximum call length is 1 hour, 58 minutes and 0 seconds.
15.10 At Our discretion We can refuse to provide any part of the Services to You. If You feel that Your mobile phone should not be barred, please contact Us on Our Customer Care Helpline or via email at firstname.lastname@example.org.
15.11 The Services are provided to You by Lebara and not by Vodafone and to the extent possible under law, Vodafone is not liable to You in respect of the Services. You undertake not to make any claim against Vodafone in respect of the Services.
16 Force Majeure
16.1 Lebara shall not be liable to You or be deemed to be in breach of the Agreement by reason of any delay in providing, or any failure to provide any of Lebara’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Lebara’s reasonable control.
16.2 This includes, but is not limited to, the following: Network failure; Services’ suspension dictated by the Network provider in order to carry out repairs, maintenance or updating; where required by Law or in order to protect You against any possible harm; war; accident; civil commotion; military action; act of terrorism; vandalism; judicial action; labour dispute; an act of a government or a government authority; acts of God; earthquake, fire, flood, or other natural calamity; computer viruses or failure of the internet or delay; or failure or default by any other Supplier.
17 Intellectual Property Rights
17.1 The title and goodwill attaching to the names, trademarks, copyright, brands and logos of Lebara shall remain vested in Lebara at all times.
17.2 The intellectual property in the SIM card, Services (including the software) (“IP”) does not belong to You and is supplied to You, under licence, by Lebara for proper use of the Services only. You may not copy any of the IP. If the mobile phone, SIM card and associated products are disconnected from the Services or if We change the IP, You must either destroy the SIM Card or return it to Us, as We may request. If it is not returned, on request by Us, You must pay for the SIM card (or its replacement) at the price stated in the Standard Rate Table at that time.
17.3 For the duration of the contractual relationship, Lebara grants You a non-transferable and non-exclusive right to use the Services and associated mobile products provided by Lebara in accordance with the Agreement. Lebara or the licensor fully retains the rights to all corresponding Intellectual Property Rights. If a Customer, in connection with the Agreement, infringes licensing rights of third parties and Lebara is held liable therein, the Customer shall hold and indemnify Lebara harmless against any such claims.
18.1 You are permitted to transfer rights and obligations arising from the Agreement to third parties only with the prior written consent of Lebara, such consent not to be unreasonably withheld. In registering with Us, the assignee is deemed to have accepted the terms and conditions of service contained in the Agreement and all liabilities (e.g. debt) associated with that SIM card.
18.2 Lebara is entitled to transfer this contract and novate its rights and obligations to any party without Your consent at any time and You appoint Lebara as Your lawful attorney to execute all documents and to do all acts necessary or desirable to give effect to any such assignment or novation.
18.3 For the purpose of novation, You agree to the novation of the Agreement to Vodafone on receipt of a notice from either Lebara or Vodafone, such novation to be on terms no less favourable than the terms of the Agreement.
19.1 Place of jurisdiction and applicable law
The Agreement and the supply of the Services will be subject to the laws of New South Wales, and You irrevocably agree to the non-exclusive jurisdiction of the Courts of New South Wales in respect of any dispute arising from the Agreement.
Lebara may give to and receive from other Suppliers information about Your Service, including particulars of calls and call charges.
19.3 Entire Agreement
The Agreement contains the whole understanding between You and Lebara to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.
19.4 No reliance
You acknowledge that You enter into the Agreement entirely as a result of Your own enquiries and that You do not rely on any statement, representation or promise by Lebara or on Lebara’s behalf not expressly set out in the Agreement.
No failure or delay on the part of any party in exercising any right, power or remedy under the Agreement in a timely manner shall operate as a waiver thereof, nor does it constitute acceptance of the matter, unless it is agreed in writing and signed by both parties hereto.
You release Lebara and its officers, employees, agents and advisers from all claims, suits and demands of every kind, including negligence, arising from the relationship of the parties concerning the Agreement before it was signed, and from the negotiations leading to it.
A notice issued under the Agreement must be in writing and will be taken to be received:
A finding that any provision of the Agreement is, or has become, invalid, illegal or unenforceable in any respect under applicable law shall not affect or impair the validity, legality or enforceability of any other provisions of the Agreement provided that this does not materially prejudice either party in their respective rights and obligations of the Agreement.
In the event of a conflict between the terms and conditions of the Agreement and any advertising materials, these terms and conditions shall take precedence.
19.10 Benefit of Agreement
The benefit of the terms and conditions of the Agreement is held by Lebara as principal, and on trust for Vodafone, and You agree that Vodafone may enforce such terms and conditions directly against You.
20.1 In the Agreement, unless the context otherwise requires:
21 Defined Terms
Unless the contrary intention appears or the context otherwise requires, the words, terms or expressions set out below where used in the Agreement shall have the respective meanings set out below.
ACMA means the Australian Communications and Media Authority.
Activate/Activation means the initial activation of the Services pursuant to clause 2.4.4.
Agreement means the Lebara Prepaid Mobile Services Standard Form of Agreement and any other documents validly incorporated by reference and has the meaning given on page 1 of this document.
Appendix 1 means Appendix 1 to this document, which contains Lebara’s Standard Rates and Charges.
Call Credits means the amount of money You have in Your balance, from which Lebara will pay for the services used by You.
Carrier has the same meaning as defined in Section 7 of the Telecommunications Act 1997.
Carriage Service Provider has the same meaning as defined in Section 87 of the Telecommunications Act 1997.
Customer means any natural person, legal entity or partnership that uses the Services provided by Lebara and is deemed to have accepted the Agreement.
Customer Care means the customer service facilities provided by Lebara from time to time.
Customer Care Helpline means 1300 126 122 if You are calling from a landline, or 126 122 if You are calling from Your mobile phone.
Emergency means a situation which, unless immediately remedied, has the potential to endanger life or safety or causes an immediate risk to property.
GSM means the Global System for Mobile communications cellular network.
GST means the goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 that may be in force in Australia from time to time.
IMEI Blocking means blocking the mobile phone so that it cannot be used on any GSM network.
Intellectual Property Rights includes any rights associated with inventions, copyright, designs, trademarks, trade names, service marks, indicia of origin, business names, patents, petty patents, innovation patents and includes any right to apply for any of the above rights.
Interruption/Interrupts in the supply of goods or a service means a delay in supplying, a failure to supply or an error or defect in the supply of, those goods or that service.
Law/s means any:
Lebara/We/Us/Our means Lebara Australia Limited ACN 132 846 738 whose registered office is at Level 6, 61 Lavender Street, Milsons Point, NSW 2061
Lebara Mega Plan means the Lebara Mega Plan adopted and introduced by the Company on or around 12 December 2011, further details of which are set out in the Lebara Services Description.
Lebara $29.90 Unlimited National Plan means the Lebara $29.90 Unlimited National Plan adopted and introduced by the Company on or around 8th August 2012, further details of which are set out in the Lebara Services Description.
Lebara Mini Mega Plan means the Lebara Mini Mega Plan adopted and introduced by the Company on or around 6th September 2012, further details of which are set out in the Lebara Services Description.
Lebara Unlimited Plan means the Lebara Unlimited Plan adopted and introduced by the Company on or around 23rd of January 2013, further details of which are set out in the Lebara Services Description. Formerly known as China Unlimited Plan.
Lebara Standard Plan means the Lebara Standard Plan adopted and introduced by the Company on or around 30 March 2009, further details of which are set out in the Lebara Services Description.
Lebara Services Description means the Services description of all Lebara Plans, a copy of which can be found on the Website and which forms part of the Agreement
Lebara Mobile means a mobile phone provided to You by Lebara in for use with the Services, or otherwise compatible with the Services.
Lebara Mobile Network or Network means the Vodafone network which is used to supply the Service and which We resupply to You as set out in the Service Description.
MSN means a Mobile Service Number allocated pursuant to the Telecommunications Numbering Plan 1997.
Network means the facilities provided by Lebara and operated by a Carrier for the purposes of providing public mobile GSM digital telecommunications services.
Network Locking means that the mobile phone has been programmed to work only on one of the GSM networks.
Personal Information has the same meaning as defined in the Privacy Act 1988 (Commonwealth) as amended, varied or supplemented from time to time.
Port/Porting means the transfer of a MSN between suppliers of telecommunication services.
Privacy Act means the Privacy Act 1988 (Commonwealth).
Recharge means pre-paid recharge vouchers which when activated give the customer an amount of Call Credit.
Related Bodies Corporate has the meaning given in section 50 of the Corporations Act 2001.
Service and Services means the Lebara pre-paid digital telecommunications service and other such services as Lebara may provide to You from time to time.
Services Description means the Lebara Services Description and any services description of other plans adopted and introduced by the Company from time to time.
SIM card means the subscriber identity module card, to be used with a mobile telephone handset to enable use of the Services.
SIM Pack means the SIM card and collateral provided by Lebara to begin using the pre-paid mobile Services. No mobile phone is provided with the Lebara SIM pack.
Standard Rate Table means the table containing Lebara’s standard rates, tariffs and charges for each plan, attached at Appendix 1.
Starter Pack means the SIM card, mobile phone and collateral provided by Lebara to begin using the pre-paid mobile Services.
Supplier means a Carrier, Carriage Service Provider, telecommunications service providers or equipment suppliers which supply a public mobile telecommunication service to Customers.
Unsuccessful Call means a call which is not successfully connected to a called number (a called number includes a number to which a called number diverts, which may also include connecting through a switch or PABX or similar system), including where:
Vodafone means Vodafone Australia Pty Ltd (ABN 86 056 161 043)
Website means the Lebara website at www.lebara.com.au as updated from time to time.
You or Your means the Customer who has contracted with Lebara for the supply of the Services.
22 Call History
If you require your usage history, you can access up to twelve months of usage through My Lebara. Alternatively, you can contact the call centre and we can provide the information in PDF format. Unfortunately, we do not keep records after twelve months.
23 Tax Invoices
Buying a recharge voucher or topping up your account is represents an exchange of cash for Lebara credit. The way that the Goods and Services Tax (GST) works means that no GST is charged on this transaction. Therefore, we do not provide you with a tax invoice. When you use your credit to make calls, send messages, use data or spend it in other ways, GST applies to those individual transactions. We are not required to provide tax invoice unless you spend $82.50 or more on an individual call, message or data session. If you need to claim your usage, please speak to your accountant or the Australian Tax Office. To substantiate a tax claim, generally you’ll need to provide evidence such as call records and the dates and amounts that you recharged with and you can get this from My Lebara.