Lycamobile shall be liable for non-performance or improper performance of the Contract, unless such non-performance or improper performance results from circumstances beyond its reasonable control, in particular force majeure, Subscriber’s fault or Subscriber’s breach of Regulations, Contract or requirements related to special offers.
Lycamobile shall not be liable for non-performance or improper performance of the Contract if there is no possibility of providing telecommunications services while the Subscriber makes connections via telecommunications networks of foreign operators or via networks of other operators.
For technical reasons, i.e. due to necessity of maintenance, modification, modernization or protection of telecommunications network, Lycamobile’s services may be temporarily unavailable.
Due to the manner of service provision, i.e. wireless communication based on radio transmission with the use of appropriate radio frequency bands, in special cases Lycamobile’s telecommunications network may be overloaded due to large numbers of connections made or messages sent or large volumes of data transmitted and received, which may affect availability and quality of services provided.
Lycamobile shall not be liable for intervals in provision of telecommunications services which result from failure to meet technical parameters, in accordance with ETSI standards, by the Subscriber’s Telecommunications Device which does not have a mark of conformity with fundamental requirements and does not allow for using particular types of telecommunications services.
Lycamobile shall provide services within the scope of technical possibilities. Network coverage and data transmission speed are dependent on many factors, in particular geographical, urban and weather conditions.
Lycamobile shall not be liable for use of services in the event that SIM Card is lost or stolen.
In the case of non-performance or improper performance of the Contract, Lycamobile shall be liable to the Subscriber for losses suffered by him or her, subject to terms and conditions set forth below.
For each day of interval in provision of all telecommunications services available to the Subscriber, the Subscriber may demand payment of contractual penalty in the amount of 1/15 of average monthly use in the 3 last calendar months before the day the complaint was submitted, or, if the Subscriber has been a party to the Contract for less than 3 months – average monthly use in the period in which he or she has been a party to the Contract.
For each day of interval in provision of individual services available to the Subscriber, the Subscriber may demand payment of contractual penalty in the amount of 1/15 of average monthly use of a given service in the 3 last calendar months before the day the complaint was submitted, or, if the Subscriber has been a party to the Contract for less than 3 months – average monthly use of a given service in the period in which he or she has been a party to the Contract.
Payment of the contractual penalty shall be made on the basis of complaint submitted by the Subscriber and accepted by Lycamobile within 14 days from complaint acceptance. Penalties specified in sections 9 and 10 hereinabove shall not be cumulative.
If losses suffered by the Subscriber exceed the amount of contractual penalty specified in sections 9 or 10 hereinabove, the Subscriber may claim damages in excess of contractual penalty.
Lycamobile shall not be liable for:
a) information disclosed or submitted by the Subscriber,
b) protection of data and software used by the Subscriber and stored or installed on the Telecommunications Device and devices linked thereto,
c) losses resulting from Subscriber’s failure to protect data and software used by the Subscriber and stored or installed on the Telecommunications Device and devices linked thereto.
§ 10. Obligations of the Subscriber
Subscriber of Lycamobile shall:
use the services in accordance with applicable law and pursuant to terms and conditions set forth in these Regulations, Price List and Special Offer Regulations;
store PIN (Personal Identification Number) and PUK (Personal Unblocking Key) codes separately;
keep secret PIN (Personal Identification Number) and PUK (Personal Unblocking Key) codes assigned to the SIM Card used by the Subscriber;
maintain the SIM Card in good state and condition;
promptly notify the Customer Service Office of the SIM Card being lost, stolen or used in breach of Regulations in order to block it;
not take any actions causing disruptions in operations of infrastructure, telecommunications or ICT networks of Lycamobile or other entrepreneur making its telecommunications or ICT network available to Lycamobile for the purpose of Internet access and service provision to the Subscriber,
not take any actions causing disruptions in operations of devices linked to telecommunications or ICT networks of Lycamobile or other entrepreneur making its telecommunications or ICT network available to Lycamobile for the purpose of Internet access and service provision to the Subscriber,
not use the SIM Card in Telecommunications Device or Adapter which was stolen, has no homologation or certificate,
not use Adapters without Lycamobile’s consent,
not direct telecommunications traffic to telecommunications networks (including Lycamobile’s network) from other telecommunications networks without Lycamobile’s consent,
not use Telecommunications Device, SIM Card or Adapter in breach of the law or the Contract, or act to the detriment of Lycamobile or any third party,
not make services available to other entities in order to make financial gains for oneself or for any third party,
not take any actions with the use of SIM Card with the purpose of using services if, upon initiating connection, the Account balance is not sufficient,
not send unsolicited commercial information (spam) or send marketing material on a large scale,
not use services in manner detrimental to other Subscribers’ interest, good practices or market usages and engage in unfair competition,
not generate artificial telecommunications traffic in Lycamobile’s network, in particular traffic which does not serve for sending, receiving or transmitting information to or from the Subscriber, or traffic the sole purpose of which is achieving a certain pool (duration) of telecommunications connections between Lycamobile’s network and other telecommunications networks;
not use the SIM Card for running a business consisting in calling, on a large scale, selected persons or groups of persons (the so-called ‘call centre’), in particular by way of automatic distribution of phone calls or automatic, interactive service provided to the calling person, or integration of telecommunications and IT systems;
not use the SIM Card in systems or devices which serve for automated transmission of measurement data or remote control, including systems for monitoring people, buildings, vehicles (the so-called telemetric solutions);
co-operate, at Lycamobile’s request, in remedying for actions or events described hereinabove.
Lycamobile reserves the right, in its absolute discretion (and without prior notice), to restrict or prevent access to certain websites and services over its Network, including Voice over Internet Protocol (‘VoIP’) services. When we decide to restrict or prevent access under this paragraph, you may receive a message stating that the website or service is “not available”.