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Terms & Conditions

I. Your Acceptance of Terms and Conditions.

We reserve the right to revise these Terms & Conditions of Sale at any time. When we revise these Terms & Conditions of Sale, we also will revise the “last up-dated date” at the top of these Terms & Conditions of Sale. You are responsible for regularly reviewing the current Terms & Conditions of Sale. If you do not agree to be bound by these Terms & Conditions of Sale, you are not authorised to use travel sim card network website or purchase or use any of  travel sim card network telephony, software and hardware products, some of which will be provided via the website. The most current version of the Terms & Conditions of Sale can be reviewed by clicking on the “Terms & Conditions” hypertext link located at the bottom of our home Webpage (this Webpage and all other website pages are hereinafter collectively referred to as the website”) Your continued use of the website and/or our Products after our posting of any revised Terms & Conditions of Sale constitutes your agreement to any such revised Terms & Conditions of Sale. If any such revised Terms & Conditions of Sale are unacceptable to you, please do not use the website or Products.

We provide you with one or more of the telecommunications Products listed in Appendix I. of these Terms & Conditions of Sale, as determined from time to time by us. If a agent of travel sim card network exists in the jurisdiction of Enrollment of a Customer, then the relationship between the Customer and travel sim card network will be deemed to be the property of such agent, who will be determined from time to time, without notice to the Customer. The Products will at all times be operated by travel sim card network and payment for the use of the Products by the Customer will be due to travel sim card network as applicable. We are providing the Products to you on an “as-is” and “as-available” basis. Use of the Products is at your sole risk and responsibility.

IV. Permitted Access

Subject to these Terms & Conditions of Sale, you are authorised to access and use the products at our sole discretion and only after you have either completed the Enrollment process or purchased the Products, as the case maybe. We have the right to suspend or terminate your use of the easyroam website or the Products at any time and for any reason whatsoever or for no reason, entirely at our sole discretion, with or without notice to you. You represent that the information you have provided (or may hereafter provide) to us through the enrollment process or otherwise (the “enrollment Information”) is accurate and that you are the individual identified in such information. In the event any enrollment Information changes after you supply it to us, you agree to promptly update your enrollment Information through the website.

V. User ID and Password Security

During the Enrollment process and from time to time thereafter, you will designate one or more telephone numbers as “Origination Numbers,” which will constitute telephone numbers from which you may initiate use of the Products. After completing the enrollment process, you will be issued a user id and a password. You agree (a) to maintain the confidentiality of your user id and password. and (b) that you are fully responsible for any, and all, activities that occur under your user id. You agree to notify us immediately of either any unauthorised use of your account or any other breach of security. You agree that we will not be liable for any loss that you may incur as a result of someone else using your user id, password or Origination Number(s), either with, or without, your knowledge. Without limiting the generality of the foregoing, you are solely responsible for all Products requested using your user id, password and origination number(s), whether or not you have authorised the person using the Products (including any family member of yours who is a minor) to use your user id, password and origination number(s). You agree not to use anyone else’s account at any time.

VI. Use

You agree neither to access, nor use, the website in any manner that is prohibited by these Terms & Conditions of Sale or is otherwise unlawful. without limiting the generality of the foregoing, you agree that you will access and use the The website solely by manual request and not programmatically by automated means, and that you will not, directly or indirectly, (a) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, resell or exploit for any commercial purposes any portion of the website or the products unless expressly authorised by these Terms & Conditions of Sale or by travel sim card network  in writing, (b) access or use the website through, or in connection with, any software product other than the customary web browsers such as Microsoft Internet Explorer and Netscape), (c) use any software tools, procedures or instructions (other than customary Web browsers), automatic devices or automated processes, or manual process to monitor or access data or content provided through the travel sim card network Website, (d) otherwise “meta-search” the website, or send, or cause to be sent, any automated queries of any sort to the website,  (e) use any device, hardware or software to bypass any security system on the easyroam website, (f) disrupt or attempt to disrupt the proper or usual working of the easyroam website, (g) use The website in any manner that could damage, disable, overburden, or impair the website (or the network(s) connected to the website) or interfere with any other party’s use and enjoyment of the website, (h) take any action that may cause, or that actually causes, an unreasonable or disproportionately large load on the easyroam computer servers, (i) distribute any software or instructions that could be used to breach any of the terms and conditions set forth herein, (j) attempt to gain unauthorised access to the Website, other accounts, computer systems or networks connected to the website or otherwise operated by travel sim card network through hacking, password mining or any other means, and/or (k) alter or remove any trademark, copyright and/or any other notice contained in any information obtained from the website. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the travel sim card network  Websites.

VII. Changes to the Website or Products

We may establish general policies concerning use of the Products, including, but not limited to, the maximum number of days that directories, speed dial lists, bill codes and other personalised settings will be retained by the Products, or the maximum disk space that will be allotted on our server on your behalf. We may change these general policies at any time at our sole discretion, with or without notice to you. We reserve the right at any time, from time to time and at our sole discretion, with or without notice to you: (i) to modify, suspend or discontinue, temporarily or permanently, the website or the relevant Products (or any part thereof);  (ii) to delete (whether or not intentionally) any data or other personalized settings maintained by the relevant products for you; or (iii) to terminate any customer account that is inactive. We shall not be liable to you or any other party for taking any of such actions.

VIII. Payment

Any change of your method of payment will only be made with the prior approval of travel sim card network. Approval can be made by verified access to Web-systems or e-mail transmission. You waive all rights to challenge invoices, correctly raised by travel sim card network in accordance with these Terms & Conditions of Sale and the information provided by you in establishing the account, with third parties, unless you have first contacted customer services, within the defined notice period of either 14 days in the case of credit card settlement, or 28 days in all other cases, about the specific enquiry or disputed invoice. Where a challenge has not been made by you in the period defined in these Terms & Conditions of Sale, you will be deemed to have automatically waived all your rights to either challenge, or appeal, the relevant invoice, unless agreed by The Company in writing by delivery as defined in these Terms & Conditions of Sale. If you do not agree to be bound by these Terms & Conditions of Sale, you are not authorised to use the travel sim card network websites or purchase or use any of travel sim card network telephony, software and hardware products.  Where payment remains outstanding after the allowed period of time as defined in these Terms & Conditions of Sale, travel sim card network reserves the rights to suspend or cancel your account indefinitely in accordance with these Terms & Conditions of Sale and to take whatsoever steps are determined appropriate by travel sim card network from time to time for the collection of all outstanding monies, if any, due to travel sim card network from you.

IX. Privacy Statement

Your privacy is important to us. Our use of your personally identifiable information is governed by our privacy statement that can be viewed on the website. You hereby acknowledge that you have read our privacy statement and you hereby agree to the terms and conditions of our privacy statement.

X. Other Hyper-linked Websites

The travel sim card network websites may contain hyperlinks to other websites and Internet resources operated by parties other than travel sim card network  (“Linked websites”). travel sim card network has no control over any such linked websites. Such hyperlinks are provided for your reference only. travel sim card network inclusion of such hyperlinks to linked websites does not imply any endorsement of the material on such linked websites or any association with their operators. Accordingly, you acknowledge and agree that travel sim card network is not responsible for the availability of linked websites and that it neither endorses and nor that it is responsible or liable for any content, advertising, products, privacy policies, or other materials on or available from such linked websites. You further acknowledge and agree that travel sim card network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked website. You are also deemed to be responsible for viewing and abiding by the privacy statements and terms of use posted at the linked websites of such other operators. You agree not to link to the website, or to cause any website that you operate or otherwise control, to link to travel sim card network Websites, in each instance without first obtaining the express written permission from travel sim card network  to do so. You agree that if you do receive such permission, that you will link only in accordance with the terms and conditions of such permission and that travel sim card network  may revoke such permission at any time and for any reason and that after such revocation, you will not thereafter link to travel sim card network  websites, or cause any web website that you operate or otherwise control, to link to the Website.

XI. Termination

You agree that travel sim card network , at its sole discretion, may terminate your user id and password or use of the products (or any part thereof), and remove and discard any of your personalised information within the products, for any reason whatsoever or for no reason, including, without limitation, for lack of use, or if it believes that you have violated, or acted inconsistently with, the letter or spirit of these Terms & Conditions of Sale. travel sim card network may also, at its sole discretion, at any time discontinue providing the products, or any part thereof, with or without notice and for any reason whatsoever. You agree that any termination of your access to the products under any provision of these Terms & Conditions of Sale may be effected without prior notice, and that you also acknowledge and agree that  travel sim card network may immediately either deactivate, or delete, your account and all related enrollment Information and files in your travel sim card network account and/or bar any further access to such files or the relevant products. further, you agree that easyroam shall not be liable either to you, or any third-party, as a result of our termination of your access to the products. Upon termination of the relevant products, all rights granted to you hereunder shall terminate. You must pay all charges up to and including the date of such termination. Conversely, you may terminate the relevant Products by giving at least 30 days’ written notice. In such event, you must pay all charges up to and including the date of such termination. If you have paid for the products using a pre-paid method, travel sim card network  will use any pre-payment to offset against the final amount owed by you for the relevant products. Where a final amount is owed by travel sim card network  to you, travel sim card network  will endeavor to make payment to you within 30 days after the date of such termination of the relevant products.

XII. Access Dependent on Third Parties

Your ability to access the travel sim card network website or use the products may depend on the timely and proper operation of the relevant products that third parties provide, such as Internet access, email products, SMS messaging or telephony channels. You acknowledge that travel sim card network has no control over such third parties and is not responsible for any damage or loss caused by an inability to access or use the website or the products, or an error in accessing or using the website or the relevant products, caused by such third party products.

XIII. Intellectual Property Rights

All contents of travel sim card network websites are: Copyright © 2008. All rights reserved. Elements of travel sim card network websites are protected by trademark, copyright, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from travel sim card network websites may be copied or retransmitted, unless expressly permitted by travel sim card network. Names of the travel sim card network products referenced in the website may be trademarks or registered trademarks of travel sim card network in the United Kingdom and/or in other countries. Other product and names mentioned in travel sim card network  websites may be the trademarks of their respective owners.

XIV. Disclaimer of Warranties

Use of travel sim card network Websites and the roducts is at your sole risk. The Website and the roducts are provided by on an travel sim card network “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, either in fact or by operation of law, statutory or otherwise, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Further, we hereby expressly disclaim any, and all, warranties of title and/or non-infringement with respect to the travel sim card network  website and the products. We make no warranty that the website or the products will meet your requirements, or that The website or the products will be uninterrupted, timely, secure, virus-free or error-free. Nor do we make any warranty as to the results that may be obtained from the use of  travel sim card network website or the products. We shall not be liable to you or any third party should we exercise our right to modify or discontinue The website or the products. No advice or information, whether oral or written, obtained by you from travel sim card network or through the products shall create any warranty not expressly stated in these Terms & Conditions of Sale.

XV. Limitation of Liability; Sole Remedy

In no event will travel sim card network, its affiliate, or strategic partners and/or their respective owners, officers, employees be liable to you for (a) any damages of any nature whatsoever resulting from, or related to, the loss, delay or inability to use The travel sim card network website or the products, or the loss of any data stored at the travel sim card network   website, and/or (b) any indirect, consequential, special, incidental or punitive damages whatsoever including, without limitation, damages for loss of profits arising out of or in any way connected with these Terms & Conditions of Sale, the use or performance of the website or the products, in each of (a) and (b) above, whether based in contract, tort, negligence, strict liability or otherwise and even if travel sim card network and the other parties have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of travel sim card network website or the products, or with any of these Terms & Conditions of Sale, your sole, and exclusive, remedy is to discontinue using the website and the products. The provisions of this Section XIV and the Section XIII. above represent a reasonable allocation of the risks under these Terms & Conditions of Sale. Our willingness to allow you both to access, and to use the travel sim card network website and the products reflects this allocation of risk and the limitations of liability specified herein.

XVI. Indemnity

You shall indemnify and hold harmless travel sim card network and each other party from and against any and all claims, demands, actions, suits, liabilities, damages, settlements, losses, costs and expenses, including, but not limited to, legal fees and expenses and other costs of litigation, incurred by or asserted against any of easyroam ltd parties arising out of or in any way relating to (i) your breach of any provision of these Terms & Conditions of Sale; (ii) your use of, or form of connection to travel sim card network  website or the relevant products; or (iii) your violation of any right of any third party.

XVII. Method of Sending Notices

We may give you notice of either any action, or event, described in these Terms & Conditions of Sale, including, but not limited to, any change either to these Terms & Conditions of Sale or to our Privacy Statement, by any means including, but not limited to, a posting of the notice on the website, or by mailing or e-mailing the notice to you (in each case to your most recent address on record with us).  Conversely, you may give us notice in writing.

XIX. Governing Law; Submission to Jurisdiction; Time Limitation on Claims

These Terms & Conditions of Sale shall be governed by the laws of England, A part of the United Kingdom. without reference to such jurisdiction’s choice or conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods expressly does not apply to these Terms & Conditions of Sale. If any provision of these Terms & Conditions of Sale is found by a court of competent jurisdiction to be invalid, we and you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the relevant provision, to the fullest extent permitted by applicable law, and the other provisions of these Terms & Conditions of Sale shall remain in full force and effect. Any legal action, or proceedings, with respect to these Terms & Conditions of Sale or any document or products related hereto shall be brought in the courts of England, A part of the United Kingdom. and, by execution and delivery of these Terms & Conditions of Sale, each party hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of such courts. You and we irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, which any of you or we may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. You and we each irrevocably consents to the products of process of any of such courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to each other party at its last known address, such products to become effective 30 days after such mailing. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the relevant Products or these Terms & Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms & Conditions of Sale shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing. The Section titles in these Terms & Conditions of Sale are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may not be assigned, transferred, pledged or hypothecated by you without our prior express written consent. This Agreement comprises the entire agreement between you and travel sim card network regarding the subject matter contained herein and supersedes any and all prior agreements between the parties regarding the subject matter contained herein. You also may be subject to additional terms and conditions that may apply when you use affiliated products. All provisions of these Terms & Conditions of Sale are binding upon, inure to the benefit of and are enforceable by or against you, or easyroam and their respective heirs, executors, administrators or other legal representatives and permitted successors and assigns. You represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability to agree to these Terms & Conditions of Sale

Appendix I.

Connect - The travel sim card, operated by travel sim card network. wired into data and wholesale long distance backbone and with least cost routing, accounting and billing built into a full “back office” function. Customers connect into The sim card and then to any number of destinations (including other products). Requests for products, such as a standard call - or conference call, can be initiated via SMS, e-mail, instant messaging.  Record - Recording capability for voice conversations that allows packaging within a WAV file that is either sent directly or via link to specified profile destinations