1. Who are we and applicable Terms?
1.1 These terms and the related services are operated by Lebara Media Services Limited, registered in England under company number 9051444 with registered offices at Level 2, 25 Copthall Avenue, London, EC2R 7BP or, in the case of the services in the United States of America, LB Communications Inc, registered in the State of Delaware with registered offices at Level 3, 65 Challenger Road, Ridgefield Park, 07660, New Jersey and doing business under a non-exclusive licence to utilise the Lebara registered trade mark. Lebara Media Services Limited and LB Communications Inc doing business as Lebara Talk (Lebara, we, us or our).
1.2 These are the specific Terms (Specific Terms) relating to our Lebara Talk and Lebara Talk Messenger services (the Lebara Talk Service, Service, or Product). The general terms and conditions (the General Terms) found here also apply and are incorporated by reference. These Specific Terms should be read and understood together with these General Terms. Together the General terms and the Specific Terms are collectively referred to as the Terms.
1.4 By purchasing or using our Products or Services you:
(a) agree to be bound by these Terms; and
(b) enter into a binding agreement with us on the basis of these Terms.
1.5 If you do not agree to these Terms, please refrain from purchasing or using our Products or Services.
1.6 We may change these Terms from time to time by changing them on the site. If you continue to use our Products or Services after any such revisions take effect then you will be taken to have agreed to the revised Terms. You should prinat a copy of these Terms for future reference.
2. Lebara Talk Service
2.1 Through downloading the Lebara Talk application, you can call any other Lebara Talk users for free in-app, make paid break-out calls to other Lebara Talk users if necessary as well as make calls to non-Lebara Talk numbers at rates applied either by Lebara or your local mobile operator (full Lebara Talk Price Lists can be found in the App). The Service, in addition to making calls, also allows you to submit free text, photos, videos and other communications to other Lebara Talk Users as well as the automatic submission of your "last seen" time or access information (collectively “User Submissions” – for more information see the General Terms).
2.2 Lebara Talk Service shall not be a replacement for your traditional fixed or mobile telephony service. Lebara Talk Service will not allow you to make emergency calls through the Lebara Talk application. It is Your responsibility to maintain a working mobile or fixed telephony service in order to make emergency calls.
3. Lebara Talk Access
3.1 Subject to your compliance with these Terms of Service, Lebara Talk hereby grants you permission to use the Service, provided that: (ii) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Lebara Talk's prior written authorisation; and (iii) you will not attempt to reverse engineer, alter or modify any part of the Service.
3.2 In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Lebara Talk with your mobile phone number. When providing your mobile phone number, you must provide accurate and complete information. You expressly acknowledge and agree that in order to provide the Service, Lebara Talk may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. You hereby give your express consent to Lebara Talk to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. In accessing your contact list you acknowledge and agree that we will store the names as well as mobile phone numbers of your contacts.
4. Charges for Lebara Talk Out Service
4.1 Aside from calls made to numbers outside of the application environment (known as break out calls), when connected to wifi all calls to other Lebara Talk users are completely free of charge in the application. You can also call other non-Lebara Talk numbers too (with the exception of calls to premium rate numbers which are expressly excluded). The charges payable for break-out calls consist of a per-minute rate as set out on www.lebara.com or in the Lebara Talk application itself. A connection fee may also apply; where a connection fee does apply, these will be shown in the rate finder and contact cards. All calls will be disconnected and require a re-dial after 1 (one) hour (59:59) duration.
4.2 Lebara Talk may change the rates for calling phones at any time without notice to you by posting such change www.lebara.com or in the Lebara Talk application itself. The new rate will apply to your next phone call after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.
4.3 The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. During the call, charges incurred will be deducted automatically from your credit balance in your MyLebara Account.
4.4 The charges for other Lebara Talk features or products will be confirmed to you before you complete a purchase from Lebara Talk. Lebara Talk may change the prices of such products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable product. The new prices will apply to your next purchase after the new prices have been published.
4.5 From time to time, Lebara Talk may offer products or features available at no charge for a trial period. However, Lebara Talk reserves the right to charge you for such products (at the normal rate) in the event that Lebara Talk determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you and once the trial period has been completed.
4.6 From time to time, Lebara Talk may also offer extra credit to new or existing Users. There are three types of extra credit that may be made available: (i) at the time of downloading the app, (ii) when referring a friend to Lebara Talk or, (iii) as additional credit when you top-up or recharge. Differing validity periods may apply depending on the offer, please refer to the dedicated Lebara Talk Offers pages for further information on validity periods. Where a User has different types of extra credit on their account at once, the extra credit will be consumed in the following order of priority: extra credit received on download, Refer a Friend credit and then, finally, additional credit received at top-up or recharging. The additional top-up or recharge extra credit cannot be used to purchase bundles. The offer of extra credit is subject to change and can be withdrawn at any time. From time to time, Lebara Talk may also or alternatively offer extra minutes to new or existing Users. There are two types of extra minutes that may be made available: (i) at the time of downloading the app, (ii) as additional credit when you top-up or recharge. Please refer to the dedicated Lebara Talk Offers pages for further information on the offer and validity period. Where a User is under a bundle, the extra minutes will be consumed in the following order of priority: any call to a destination included in the bundle will be first deducted from the bundle (which takes priority) then from the extra minutes.
5. User Submissions
5.1 User Submissions may be hosted, shared, and/or published as part of the Lebara Talk Service, and may be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other Lebara Talk users will only be viewable by those Lebara Talk user(s) or group(s) you directly send such information to; but your Lebara Talk profile picture and name may be globally viewed by Lebara Talk users that have your mobile phone number on their smartphone, unless the user is blocked by you. Currently, we have no method of providing different levels of visibility of your User Submissions among users that have your mobile phone number – you acknowledge and agree that any User Submissions, such as specifically your user profile, may be globally viewed by users that have your mobile phone number, so don’t submit, for example, profile photos that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a User Submission to the Service. The submission of your 'last seen' User is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your User Submissions. You understand that whether or not such User Submissions are published, Lebara Talk does not guarantee any confidentiality with respect to any submissions.
5.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Because Lebara Talk is only acting as a repository of data, User Submissions do not necessarily represent the views or opinions of Lebara Talk, and Lebara Talk makes no guarantees as to the validity, accuracy or legality of any user. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorise Lebara Talk to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Submissions, but you have to have the rights in the first place. However, by submitting the User Submissions to Lebara Talk, you hereby grant Lebara Talk a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Lebara Talk Service and Lebara Talk's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Lebara Talk Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber of the Lebara Talk Service a non-exclusive license to access your User Submissions through the Service. The foregoing license granted by you terminates once you delete Lebara Talk from your mobile device.
5.3 In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lebara Talk all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Lebara Talk or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
5.4 You understand that when using the Lebara Talk Service you will be exposed to User Submissions from a variety of sources, and that Lebara Talk is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, and that such User Submissions are not the responsibility of Lebara Talk. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lebara Talk with respect thereto, and agree to indemnify and hold Lebara Talk, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Lebara Talk Service.
Last updated 26 November 2015