Customer Service : 1200 or 020 754 3033

Customer Terms & Conditions for the use of GT Mobile SIM and TOP UP Vouchers

General Terms and Conditions

The general terms and conditions state all the rights and obligations of LYCAMOBILE DISTRIBUTION LIMITED who is a licensed supplier to provide GT Mobile branded multi functional vouchers as defined below. These terms and conditions also contain the rights and obligations of consumers being end users in connection with the sale of GT Mobile SIM Cards and/or GT Mobile TOP UP vouchers and the provision of the Services as defined below.

DEFINITIONS

Customer: a natural person, or a legal entity being an end user that enters into an agreement with the SUPPLIER for the Services.

SUPPLIER: Lycamobile Distribution Limited with company registration number: 442981, registered at 22 Clanwilliam Square, Grand Canal Quay, Dublin 2, Republic of Ireland.

Network: the network for wireless telecommunication services.

GT Mobile "Service" or "Services": the service through which the Customer uses the Network for direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.

GT Mobile SIM Card or "SIM Card": a GT Mobile branded prepaid Subscriber Identity Module containing a microprocessor. All SIM Cards are preloaded with credit therefore capable when activated of providing access to Services including mobile telephony or access to Team talk which shall provide up to date sports news content from a third party or access to other third party content providers which shall be duly notified from time to time.

GT Mobile TOP UP Voucher: a multifunction voucher preloaded with credit therefore capable when activated of providing access to Services including mobile telephony or access to Team talk which shall provide up to date sports news content from a third party or access to other third party content providers which shall be duly notified from time to time. TOP UP Vouchers containing an 11 digit PIN (Personal Identification Number) enabling the Customer to redeem the face value against multiple services.

MULTI FUNCTIONAL VOUCHERS: GT Mobile SIM Card or GT Mobile TOP UP Voucher as the context permits.

Agreement: the agreement to provide the Services to the Customer by SUPPLIER pursuant To these general terms and conditions which forms an integral part of the agreement.

Customer Services: the customer services department, which the Customer may contact for all questions regarding the GT Mobile Services, accessible by calling either 1200 from your GT Mobile telephone or 020 754 3033 from another phone.

SERVICES AND OBLIGATIONS

SUPPLIER is obliged only to supply the means necessary to provide the proper operations of the GT Mobile Services. SUPPLIER alone will determine the technical means necessary to provide access to the Services under optimal conditions.

Mobile Telephony is a form of wireless communication and operates on the basis of transmission of radio and signals. As such, it can be interfered with by external sources or by obstacles inherent in buildings, vegetation or terrain and perfect transmission cannot be guaranteed in all locations at all times. The quality of the GT Mobile Service also depends on the quality of the mobile telephone used by the Customer. Associated with the GT Mobile SIM Card are the PIN code and the PUK code (personal unlocking key). Instructions relating to their use may change to reflect new technology and will be explained in the "user manual" for the mobile telephone. Customers shall take every necessary precaution to preserve the secrecy of their PIN and PUK codes. Customers are liable for any malicious or improper use resulting from intentional, fortuitous or accidental communications of these codes or transferring his/her SIM Card. In case of loss or theft Customers should contact Customer Services immediately to block their SIM Card to prevent fraudulent use.

Customers are hereby informed of the inherent risk in the use of the mobile telephone while driving a vehicle. SUPPLIER cannot be held liable for damage resulting from an accident caused by the use of the mobile telephone while a vehicle is being driven.

Customers are hereby informed of possible interference that the mobile telephone may cause in certain sensitive types of equipment such as medical appliances, aircraft etc. It is therefore essential that the instructions given by the persons with responsibility for such equipment be strictly complied with. SUPPLIER cannot be held liable for any damage resulting from a failure to comply with such instructions.

As a matter of policy SUPPLIER will not intentionally disconnect any calls provided that there is credit available for the calls, however it may be possible that calls could get disconnected due to matters beyond SUPPLIER's control, e.g. force majeure, carrier fault, technology fault or human error.

The consumer acknowledges that whilst every effort is made to secure an uninterrupted service, SUPPLIER will not be held liable for any loss or inconvenience caused to the Customer by any actions of a distributor including fraud and deception and/or non-payment. In such cases, the Consumer should contact the distributor and/or retailer from whom they purchased the SIM Card or TOP UP and request a refund or remedy.

THE SIM CARD

The GT Mobile SIM Card is used by inserting it into a compatible handset. The GT Mobile SIM Card remains the exclusive property of SUPPLIER. Calling rates are displayed on up to date posters and/or on the website www.gtmobile.nl.

If the GT Mobile SIM Card is not used to make outbound calls or SMS for 3 months (the "Validity Period"), the SIM Card will be frozen.

The Customer will then have 1 month to top up their SIM card and make an outbound call or SMS. If the customer tops up within 1 month and uses the Services the old credit previously frozen will be reinstated and the customer will be able to make and receive calls and SMS as normal.

If the Customer does not top up within 1 month from the end of the "Validity Period" the customers will lose all unused credit; his/her specific telephone number permanently and the GT Mobile SIM Card will be blocked from any further use.

TOP UP VOUCHER

Within the Validity Period, Customers can top up their GT Mobile SIM Card using a TOP UP Voucher. If the top up takes place before the end of the Validity Period, the credit unused at the time of the top up will be added to the credit contained on the GT Mobile TOP UP Voucher.

Each time the Customer top ups his/her GT Mobile SIM Card, the validity period is extended for a further 3 months under the above condition.

The TOP UP voucher is a credit voucher and can be redeemed for against multiple services including mobile telephony services, airtime to make calls, sending SMS and where available data services as well as access to TEAMTALK services. TEAMTALK services are redeemed by calling the TEAMTALK number on the TOP UP Voucher using the GT Mobile SIM Card. All charges for this Service will be debited from the Customer's credit.

MODIFICATION

Where required by operating conditions or the organisation of the GT Mobile Service, SUPPLIER may modify the technical characteristics of its Services. Customers will not be entitled to compensation for any replacement or modification of terminal equipment made necessary by a change in the Network.

The personal information with regards to the Customer, the call information and call numbers are saved in the files of SUPPLIER and are processed by SUPPLIER or approved third parties who have an outsourced agreement in place with SUPPLIER for the administration and information purposes within the framework of the relationship. SUPPLIER or approved affiliated companies may initiate information or advertising campaigns connected with the Services provided by SUPPLIER. Concerning information of advertising campaigns connected with the products provided by SUPPLIER, customers who do not wish to be contacted by SUPPLIER or any affiliated company within the framework of direct commercial prospecting may at any time request from SUPPLIER, free of charge, to be placed on a list designated for this purpose. The responsible party with regard to the processing is SUPPLIER, via a dated request sent to unsubscribe@gtmobile.nl, the Customer who proves his/her identity may receive from SUPPLIER the personal information regarding him or her and if incorrect may have such corrected free of charge.

DISCONNECTON

SUPPLIER may disconnect the Customer fully or partially from the Services, without notice of default being required, if the Customer fails to comply with his/her obligations under the agreement or fails to observe the requirements that can be set for reasonable use or abuse of the Services.

Disconnections shall take place without the Customer being entitled to any compensation. The Customer may be reconnected if and when SUPPLIER determines that the Customer has fulfilled his/her obligations. The Customer shall meet the disconnection costs and those for reconnection. Disconnection of the Service does not release the Customer from any of his/her obligations under the agreement.

If, 14 days after the Customer has been given the opportunity to fulfil his/her obligations by SUPPLIER in writing, SUPPLIER concludes that the Customer has still failed to do so, SUPPLIER is entitled to terminate the agreement, upon which all claims of the Customer against SUPPLIER will lapse.

LIABILITY OF SUPPLIER

SUPPLIER has no liability whatsoever as concerns the GT Mobile SIM Card, GT Mobile TOP UP Voucher, the mobile telephone or TEAMTALK Services in so far as permissible under applicable law.

SUPPLIER shall not be liable for damage resulting from the content of call or messages.

SUPPLIER shall not be liable for damage resulting from intervention by a third party.

Under no circumstances can SUPPLIER be held liable for indirect or intangible damage, such as additional costs, loss of income on profits, loss of customers, loss or damage of data and loss of contracts.

SUPPLIER shall not have any responsibility in the event of loss, theft, fraudulent or misuse of the GT Mobile SIM Card. Moreover, SUPPLIER shall not reimburse credit used by another party and shall not be held responsible for any consequences resulting from use of Services linked to this SIM Card.

If the Customer suffers damage due to malfunctioning of the Network or due to shortcomings in the execution of the Service, SUPPLIER may only be liable in the event of direct damage caused by:

  1. Death or personal injury with a maximum of €100.000 per incident and a maximum of € 5.000 per injured party
  2. Any acts of violation of Section 374, 374 (a) and 375 of the Dutch Penal Code - Wetboek van Strafrecht with a maximum of €100.000 per incident and a maximum of € 5.000 per injured party
  3. The failure of SUPPLIER to submit information or the failure to submit correct information, and the negligent administration and processing of this information regarding customers, or errors in administration matters related to this information with a maximum of € 50.000 per incident and with a maximum of € 3.000 per injured party.

Failures of whatever form in the provision of services whether network access or service provisioning by any third parties including TEAMTALK, SMS, information, content shall not be attributable to SUPPLIER.

If more than one claim arises from an accident as referred to above and the combined claims exceed the maximum amounts set for each accident SUPPLIER shall only be required to pay the claim in proportion to the extent thereof. /p>

The Customer shall notify SUPPLIER in writing of the damage as soon as possible and in any event within four weeks after the discovery that damage has occurred. Damage that not has been reported to SUPPLIER within this period shall not be compensated. This period shall not apply to a Customer (a natural person not acting in the capacity of a professional or enterprise), if the Customer makes a reasonable case for the fact that he or she could not have been reasonably expected to notify SUPPLIER within this period.

The exceptions and restrictions as set out in this article do not apply if the damage is intentional or due to gross negligence on the part of SUPPLIER.

LIABILITY OF THE CUSTOMER

Customers shall be liable to SUPPLIER for any direct or indirect damage resulting from their wrongful behaviour, and Customers shall compensate SUPPLIER for any damage they cause, including minor faults.

Customers shall be liable for damage of any kind caused to SUPPLIER or to third parties by the use of GT Mobile SIM Card or GT Mobile TOP UP Voucher by any persons whomsoever or on any telephone whatsoever, even in the event of loss or theft.

In the case of loss or theft of the GT Mobile SIM Card, it is incumbent upon the Customer to notify SUPPLIER as soon as possible about this loss or theft and to prevent any use by another person of any credit and services linked to the SIM Card. The Customer shall be solely responsible for the SIM Card and may not claim any reimbursement from SUPPLIER for loss or theft of the SIM Card or due to acts of intentional or gross negligence on part of the Customer.

CHANGES

SUPPLIER reserves the right to change these terms and conditions at any time without prior notice. Furthermore SUPPLIER confirm it has used its best endeavours to ensure the accuracy of the information contained herein, but does not accept any liability for errors, omissions and misunderstandings arising.

Rates and billing conditions are subject to change without any prior notice; this may be due to circumstances outside the control of SUPPLIER, such as changes to wholesale prices that it is charged by third party suppliers. Changes will be posted on the GT Mobile website www.gtmobile.nl following such changes.

COMPLAINTS AND DISPUTES

Any disputes between the Customer as a natural person not acting in the capacity of a professional enterprise and SUPPLIER regarding the execution of the Services provided or to be provided may be submitted both by the Customer and SUPPLIER to the Geschillencommissie Telecommunicatie (Disputes Committee for the Telecommunications Industry "Complaints Board" ), Bordewijklaan 46, 2591 XR The Hague or postbus 90600 NL – 2509 LP.

The Complaints Board will only handle disputes if the Customer has first submitted the complaint in writing to SUPPLIER. SUPPLIER shall respond to the complaint within 30 days of receipt thereof, unless this is not reasonably possible. In that case, the Customer will be notified in writing within the said period as to when the response to the subject of his/her complaint will be forthcoming.

Within 30 days of receipt of the response to the subject of the complaint from SUPPLIER, or within 30 days after the expiration of the period in which a response should have been forthcoming in accordance with the provisions of this article, the Customer may submit the dispute to the Complaints Board for Telecommunication.

If the Customer submits the dispute to the Complaints Board, SUPPLIER shall be bound by this choice. If SUPPLIER decides to submit the dispute to the Complaints Board, it shall ask the Customer in writing to pronounce his/her agreement within five weeks and notify the Customer that after the said period has expired, SUPPLIER shall deem itself at liberty to submit the dispute to the court having jurisdiction.

The Complaints Board shall render its decision with due observance of the provisions of regulations applicable to the Board. The regulations of the Complaints Board shall be provided upon request. The decisions of the Complaints Board are in the form of binding opinion. A fee must be paid for the hearing of a dispute by the party raising the dispute. Either party may also raise a dispute to the OPTA or to a competent civil court.

APPLICABLE LAW

This Agreement is governed by Dutch Law.

GENERAL

GT Mobile' is a brand of WWW Holding Company Ltd and used by SUPPLIER under license.

The Multi Functional Vouchers and are provided by SUPPLIER.

Network is provided by Lycamobile Netherlands Limited, company registration number: 465211, 22 Clanwilliam Square, Grand Canal Quay, Dublin 2, Republic of Ireland and TEAMTalk.com Limited.SUPPLIER shall be entitled to assign or transfer Customer agreements to an affiliated company. SUPPLIER shall remain jointly and severally liable in such event.

Content Services

  1. Customer shall indemnify SUPPLIER for any consequences of infringements by Customer of any intellectual property rights vested in SUPPLIER or any third party resulting from the use of any content in violation of these terms and conditions.
  2. Customer acknowledges that SUPPLIER is not responsible for and does not bear any liability for any content made available or provided by third parties.
  3. Customer is not permitted to remove, modify copy or publish trademarks, markings, logos or any information or material from the content.

Mobile Number Portability

  1. SUPPLIER may charge a reasonable non-recurring fee for processing a number porting request.
  2. SUPPLIER may change a number if there is any change to the national number system or an assignment by OPTA or due to changes in the network or any other circumstances necessitating a change.

Data Protection

  1. SUPPLIER has reported the processing of personal data and traffic data to the Dutch Data Protection Board – College Bescherming Persoonsgegevens "CBP". SUPPLIER will process the Customer's data within the framework of the law and privacy protection particularly under the Dutch Telecommunications Act –Wet Bescherming Persoonsgegevens.
  2. SUPPLIER will process personal data and traffic data for legal purposes including prevention, investigation of fraud and irregularities as well as traffic management, account management, marketing and complaint handling.
  3. Customer shall be entitled to inspect correct or object to the manner in which their personal data has been processed. SUPPLIER may charge a reasonable administrative fee for any inspection.