GLOBAL ROAMING TERMS AND CONDITIONS
1. ENTIRE AGREEMENT
1. This Agreement
represents the entire terms of agreement between Members and Global Roaming
regarding the purchase and use of Global Roaming’s
products and Services. By using the products and Services of Global Roaming,
Member expressly agrees to be bound by the terms and conditions contained
within this Agreement (and associated pricing and terms and conditions in the
Members Area of our web site) and future amendments and additions to these as
may be published from time to time. Global Roaming is a trading name of OSH3
Technologies.
2. Member understands and
acknowledges that they are entering into an agreement with Global Roaming and
not the web site with whom Global Roaming has associated to bring Member this
Service.
2. Services provided
1. Global Roaming provide
a number of internet and communication services
(including but not limited to 3G data, GSM mobile phone, WiFi,
VoIP, SMS, dial up and internet office suite)
together referred to herein as “Service” or “Services”, on a prepayment basis.
Global Roaming provides Services subject to the terms and conditions as set out
in this Agreement.
2. The
Services are provided by Global Roaming to authorized persons or organizations
only (referred to in this document as "Member"). Member is
responsible for all use and payment of the Services whether by Member or any
third party (whether authorized or unauthorized by Member). To be eligible to
become a Member, Member must be at least 18 years of age (if a natural person)
or authorized to enter into binding legal agreements (if on behalf of a legal
entity.)
3. LAWFUL USE OF
SERVICE
1. Member agrees to use
the Service only for lawful purposes. Member warrants that Service shall not be
used for transmitting or receiving any communication or material of any kind
where such transmission, receipt or possession of such communication or
material:
A. would
constitute a criminal offense giving rise to a civil liability, or otherwise
violate any applicable local, state, national or international law or;
B. encourage
conduct that would constitute a criminal offense, give rise to a civil
liability, or otherwise violate any applicable local, state, national or
international law or;
C. contravenes Global Roaming’s terms and conditions
for prohibited use.
1. Global Roaming reserves
the right to terminate Member’s service immediately and without advance notice
if Global Roaming, in its sole discretion, believes that Member has violated
the above conditions. In the event of such termination by Global Roaming, Member
shall be responsible for all relevant charges, including but not limited to
unbilled charges, plus a disconnection fee which shall
be deductable from Member’s account.
2. If Global Roaming, at
its sole discretion believes Member has violated the above conditions, Global
Roaming may forward such information as Global Roaming
deems necessary, including but not limited to Member personal information, to
the appropriate authorities for investigation and possible prosecution.
3. Member shall not use
the Global Roaming Service in a manner which violates any
city, state, national or international law or regulation, or which fails
to comply with accepted Internet protocol. Member shall not attempt to
interfere in any way with Global Roaming networks or network security, or
attempt to use the Global Roaming Service to gain unauthorized access to any
other computer system.
4. In the event Member utilises Service from a restricted country, Member does so
at own risk, including the risk that such activity violates local laws in the
country where Member does so. Member shall indemnify Global Roaming against any
such use.
4. Utilisation of email services
1 Member
shall not use the Global Roaming Service for spam email. Spam includes, but is
not limited to:
A.
bulk sending of unsolicited messages, or the sending of unsolicited
e-mails
B.
sending of junk mail,
C.
use of distribution lists that include people who have not given
specific permission to be included in such distribution process,
D.
posting commercial ads to USENET newsgroups that do not permit
it,
E.
posting articles containing binary encoded data to anon-binary
newsgroups,
F.
excessive and repeated posting off-topic messages to newsgroups,
G.
excessive and repeated cross-posting,
H.
e-mail harassment of another Internet user or users, including
but not limited to, transmitting any threatening, libelous or obscene material,
or material of any nature which could be deemed to be offensive, and
I.
the e-mailing of age-inappropriate communications or content to
anyone under the age of 18.
2
Global
Roaming operates a spam monitoring and control system to reduce spam sent to
and from Members. Member is advised that Global Roaming do not authorize the
sending of spam. Member may only send e-mail to: single addressee’s or group
consisting only of Member’s friends and family members or individuals with whom
Member has an established professional relationship, or to a group for whom
Member has the verified permission of each recipient to include them in a
mailing list. Should Member cause e-mail that does not meet these criteria to
be sent through Global Roaming's servers, Member
understands and agrees that such action constitutes a breach of Global Roaming's conditions, which may result in Member's account
being terminated, with or without notice, and/or legal action against Member
for misuse of the services.
3
Member
agrees to use Global Roaming E-mail addresses containing the names of colleges,
universities, celebrities, entertainment properties, businesses, or teams for
personal use only and not for any commercial purpose.
4
Member
agrees not to transfer E-mail addresses for gain or otherwise. Transfer of such
E-mail address will result in termination of contract with end user.
5. Grounds for Suspension and Termination.
1
Member
agrees to be bound by the terms and conditions of this Agreement, as well as
any applicable terms, conditions, rules, regulations and policies of any
network (including but not limited to third party networks), bulletin boards,
newsgroups, web sites or internet service provider(s) accessed or utilized by
Member during use of the Service. Breach of this condition shall be grounds for
Global Roaming (at its sole discretion) to suspend or terminate Member’s use of
Service. Member acknowledges that Global Roaming has the right, with or without
notice, to suspend or terminate Members account upon the first or subsequent
occurrence of any of the following:
A.
Using the
Service in a way which constitutes violation of any
applicable statute, law, court order, tariff, regulation, or treaty (including,
but not limited to, intellectual property, communications, privacy, criminal
and international law);
B.
Using the
Service in a manner intended to abuse or violate the privacy or property rights
of others, including but not limited to sending of unsolicited bulk e-mail
messages ("spamming"), "bulk" being defined as sending the
same or substantially similar messages to more than 25 email users in a single
day. Such ground for suspension or termination being separate from and in
addition to fees which will result from such activity;
C.
Using the
Service in an attempt to break security, or so as to actually break security of
any computer or computer network (including the Service itself), or to access
an account, message, or file which does not belong to
Member;
D.
Using the
Service in such a way as to forge or mis-represent
headers, addresses, or other identification in electronic mail or postings, or
using any other method to disguise the sender’s identity or location;
E.
Excessively
using the Service in such a way as to limit the bandwidth available to others,
or the use of ping, e-mail check, excessive IRC logging, or any automated
program with the sole intent of creating a continuous connection;
F.
Posting
commercial messages to a Usenet group where the posting is
not approved by the specific Usenet group in its charter;
G.
Using the
Service to operate server programs, including, but not limited to mail servers,
IRC servers, game servers, ftp servers, web servers, or streaming audio/video
servers.
H.
Using the
Service to promote or solicit competing Internet services;
I.
Using the
Service for unauthorized relays through any third party systems without the
express permission of the operator of such system;
J.
Attempting,
in any way, to interfere with or deny service to any user or any host on the
Internet, or to monitor data or traffic on any network or system without the
express authorization of the owner of the system or network;
K.
Using the
Service for mail-bombing, which includes any instance
where multiple messages are sent to a specific destination with the intent to
render the recipient and/or the electronic system serving that recipient
dysfunctional;
L.
Using the
Service to add or attempt to add addresses to any mailing list (Member’s or a
third party’s) without the explicit positive consent of the addressee(s);
M.
Using the
Service to forward or post "chain letters" (multiple forwarding) of
any type, or to post the same or similar messages to one or more Usenet or
other news groups, forums, or email mailing lists in an excessive manner
("excessive" being defined as posting the same or substantially
similar messages to ten or more groups in a single day);
N.
Attempting
to cancel, supersede, or otherwise interfere with e-mail or postings other than
Member ‘s own;
O.
Engaging
in harassment, whether through language, frequency, or size of messages;
P.
Using the
Service to engage in attacks on computer systems, including overburdening (or
attempting to overburden) a recipient computer system by sending a high volume
of spurious data which effectively impedes or totally disables functionality of
the recipient system(s), or any other methods of denial-of-service attacks, or
by means of viruses or software designed to create a virus or to do harm to any
person or network;
Q.
Doing in
any of the foregoing by using the services of another provider, but channeling
such activities through the Service; or, furnishing false data on Member sign-up
form, contract, or online application, (including providing fraudulent credit
card or other payment information) or failing to provide the full name and a
physical address for all persons using the Service through Member account upon
request by Global Roaming.
2
No credit
will be given for a period of suspension. In the event of termination of
Member’s use of the Service under this section, Global Roaming may at its sole
discretion retain any or all amounts Member have paid for use of the Service as
liquidated damages.
3
Global
Roaming may investigate suspected violations of these terms and conditions.
During the investigation, Global Roaming may suspend or terminate Members
account. If, as a result of any such investigation, Global Roaming believes
that any criminal activity has occurred, Global Roaming reserves the right to
refer the matter to, and to cooperate with, appropriate law enforcement
authorities.
4
Member
agrees to waive any claims against Global Roaming, and to hold Global Roaming
harmless and indemnify global roaming with respect to any claims related to any
action which Global Roaming takes as part of such an
investigation or as a result of its determination that a violation of these
terms and policies has occurred.
5
Member
shall at all times provide Global Roaming with accurate information. Member
shall immediately notify Global Roaming of any security breach in or
unauthorized use of Service. Member shall not interfere in any way with another
Member's use of, or Global Roaming's provision of the
Service. Member shall not resell, rent, lease, grant a security interest in, or
make commercial use of the Global Roaming Services without the express written
consent of Global Roaming.
6.
Storage
Global
Roaming assumes no responsibility for the deletion, failure, degradation,
storage, or timely delivery of messages, or data. Without limiting the
foregoing sentence, Global Roaming may, from time to time and without notice,
set limit(s) on the number of messages a member may send, store, or receive through
the Service, and Global Roaming retains the right to delete any E-mails above
or below such limit(s) as well as to deactivate any account which is over such
limit(s) without any liability whatsoever, and Member hereby releases Global
Roaming from any such liability. Any notice provided by Global Roaming to
Members in connection with such limit(s) shall not create any obligation to
provide future notification regarding any change(s) to such limit(s).
7. Intellectual property
rights
1
The
Service and any firmware or software used to provide the Service or provided to
Member in conjunction with providing the Service, or embedded in any device,
and all Services, information, documents and materials on Global Roaming
website(s) are the property of Global Roaming and protected by trademark,
copyright or other intellectual property laws and international treaty
provisions.
2
All web
sites, corporate names, service marks, trademarks, trade names, logos and
domain names (collectively "marks") of Global Roaming are and shall
remain the exclusive property of Global Roaming and nothing in this Agreement
shall grant Member the right to license to use such marks. Member acknowledges
that no license is given by Global Roaming to use the firmware or software used
to provide the Service or provided to Member in conjunction with providing the
Service, or embedded in any device, other than a nontransferable, revocable
license to use such firmware or software (without making any modification
thereto) strictly in accordance with the terms and conditions of this
Agreement.
3
Any
device(s) provided to Member are exclusively for use in connection with the
Service. If Member decides to use the Service through an interface device not
provided by Global Roaming, which Global Roaming reserves the right to prohibit
in particular cases or generally, Member warrants and represents that Member
possess all required rights, including software and/or firmware licenses, to
use that interface device with the Service and Member will indemnify and hold
harmless Global Roaming against any and all liability arising out of Member use
of such interface device with the Service.
4
All
intellectual property such as Trademark, logos, slogans, trade dress, code and
software design and graphic symbols on packaging, products, electronic
communication or services are the properties of OSH3 Technologies, the use
requires express written permission from OSH3 Technologies. Use of confusingly
similar or disparaging terms is a violation of our intellectual property
rights. ©2000 - 2021, OSH3 Technologies as a licensed of Sharp Rock Technologies, All Rights
Reserved - All other trademarks mentioned in this document, website or document
are the property of their respective owners.
8. Expiry of account funds
1
Account
funds are available for use for a period of one years
from the date of deposit into Member’s account. At the end of this one year period, if there are still funds remaining, the
funds will expire.
2
Where
Member elects to place their account into “sleep mode” this does not affect the
expiry period of credit. In sleep mode at the end of the one
year period if there are still funds remaining, the funds will expire.
9. ACCOUNT REACTIVATION
1
You can
reactivate your account at any time by adding funds to your account balance a one time charge fee of 12.50 Euros will apply to
restore your account from hold to current, the reactivation period will be
between 24 to 48 hours.
10. MEMBERSHIP
Membership
is available for a period of one years from the date
of activation. At the end of this one year period it
will be renew automatically for a period of one year unless the Member inform
us with one month notice to cancel it.
No refund
of Membership will be made if cancelation period occur before its termination
11. Unauthorized access of
service
1
Member
shall notify Global Roaming immediately (or in any event within 48 hours), in
writing by submitting a ticket from Members
secure “Members Area”, if the Service is used by an unauthorized person or
fraudulently used. Included in any such notification Member must provide
account number and a detailed description of the circumstances of the
unauthorized or fraudulent use of Service.
2
Failure to
notify in accordance with clause 10.1 above may result in the termination of
Member Service and additional charges to Member. Member is at all times liable
for all use of the Service, including use by unauthorized third parties.
12. Account
Auto-maintain
1
From the
“Members Area” on the Global Roaming web site, Member can elect what limit to
set the auto-maintain at (i.e. €50 or €100 etc). Once the account balance
reaches 50% of the auto-maintain limit, as set by Member, the account shall automatically be topped up by the auto-maintain
balance. As example, if Member selected €50 as the auto-maintain limit,
once the account reaches €25.00, Member’s credit card will be charged €50 and
the account balance will be €75.
13. Network Congestion /
service outage:
1
Due to the
manner in which it is technically possible to provide and select the
international internet access points and network
providers for Global Roaming at this time, Member acknowledges and understands
that there is a possibility of network congestion and/or reduced speed in some
countries. Member acknowledges and understands that for the dial up service
there may be a possibility that some telephone numbers for local service
providers will produce a busy signal or will take longer to answer.
2
Member
acknowledges and understands that if there is a service outage for any reason
and/or inability to connect to a local access point, such outage will prevent
all Service.
14. Account Activation:
1
The
following provisions apply to personal accounts only.
A.
Member’s
pre-payment Global Roaming account setup is free.
B. Member Membership application must be accepted
by Global Roaming
C.
In order
to activate Member’s account Member must be credited. A minimum start-up
balance as indicated on the Global Roaming web site has to be paid into Member
account in order to activate the account and before any shipping of product to
Member.
D.
The amount
chosen at signup is Member’s starting balance and also fixes Member’s maximum
usage and top-up limit. Member can increase this limit,
add money to Member account at any time through the Member control panel in the
“Members Area”.
E.
Global
Roaming month-to-month service plans: Term is month-to-month and is
automatically renewed unless cancelled.
F.
Global
Roaming yearly service plans: Term is year-to-year and is automatically renewed
unless cancelled.
15. Money Back Guarantee:
1
Global
Roaming offers a 7 day money back guarantee,
applicable to individual user accounts. In order to be eligible for the money
back guarantee:
A.
Member must cancel service within 7 days of the account
activation. Accounts exceeding the 7 days are not eligible for refund.
B.
Member
must not have connected or utilised Service
C.
Products
must be returned within the 7 days following reception and in perfect condition
in its original packaging. Shipping fee will not be refunded.
D.
Please
note that refunds shall not be made for sums under EUR 5.00.
E.
Yearly
service plans: Minimum 12 month service agreement required. Early termination
fee of up to 200EUR/USD per subscription applies. Member may terminate service
without paying any applicable early termination fee if within the first 7 days
after plan commencement, as long as no connection to the Service has been made.
16. Account Termination:
1
The
following provisions apply to the termination of accounts:
A.
Global
Roaming account cancellation must be sent from the “Member Area” from a
“ticket” and posted to our billing department.
B.
In the
event of Member electing to terminate service in accordance with the provisions
herein, Member is responsible for all Service charges incurred prior to
termination and closure.
C.
In the
event of termination of Service, no credit shall be
refundable by Global Roaming.
D.
Month-to-month
flat rate service plans: Member may terminate service at any time without
paying any early termination fee. Even if Member cancels the Service, Member
must pay all Service and usage charges incurred prior to cancellation. Members
who terminate before the end of their billing cycle
will be charged for the entire month without proration. Applicable taxes,
assessments, roaming and other fees and charges are additional.
E.
Yearly
flat rate service plans: If Member select a rate plan with a fixed term longer
than 1 month, then this Agreement will continue for the full number of months
selected ("Term"). If Member cancels Service before the term ends,
Member may be subject to a $200 cancellation fee per number.
17. Billing Disputes
1
Member
must notify Global Roaming in writing within 14 days, if Member disputes any
Global Roaming charges or usage on any statement (including electronic
statement posted in the Members Area), or such dispute will be deemed waived.
2
Failure to
notify shall result in the waiver by Member of any claim relating to any such
disputed charge or usage. Charges shall be calculated solely based on invoicing
and usage (CDR) records maintained by Global Roaming for purposes of billing.
No other measurements or statistics of any kind shall be accepted or have any
effect under this Agreement. In case of non-payment (i.e. negative account
balance) Global Roaming will forward Member invoices to our debit collector and
any additional charges in recovering such debts shall be added to Member
invoices including any collection costs and attorney fees.
3
Billing
disputes should be notified by using a secure ticket from the “Members Area”
and sent the Accounting Department
18. Payment Terms:
1
Payment
terms shall be implemented in accordance with the following provisions:
A.
Global
Roaming only accepts payments by credit card, Paypal
or Ukash for individual users or bank transfer for
corporate accounts, after credit approval.
B.
Member
must provide a valid credit card at sign up which shall be charged for Services
in accordance with the terms and conditions herein. Member shall maintain a
valid credit card on file with Global Roaming at all times. If a valid credit
card is not on file Global Roaming shall place the account on hold, until
Member provides the details of a valid credit card.
C.
Within the
first 15 days of each month the invoice is issued for the past month.
D.
Member can
elect at any time to modify their account balance and/or change automaintain settings from the Member’s “Members Area” on
the web site.
E.
Member
agrees to pay all applicable usage under this Agreement, including any
applicable taxes or charges imposed by any government or regulatory entity.
F.
Members
use of the Service authorizes Global Roaming to charge the credit card account
number on file with Global Roaming, including any updated information passed to
Global Roaming if the card expires or is replaced, for Global Roaming charges
that accrue during the billing cycle. This authorization will remain valid
until 30 days after Global Roaming receives Member written notice terminating
Global Roaming authority to charge Member’s credit card.
G.
Global
Roaming may terminate Member’s Service at any time, if, in its sole discretion,
any charge to Member credit card on file with Global Roaming is declined or
reversed (charged back) or in case of any other non-payment of account charges.
Termination of Service for declined card, reversed charges or non-payment
leaves Member fully liable to Global Roaming for all charges accrued before
termination and for charges incurred by Global Roaming owing to Member
non-payment, such as (but not limited to) collection costs and attorney's fees.
19. Pricing for services
and changes to rates
Global Roaming
take every effort to maintain rates for Services at the most competitive rates
possible. In the global market these rates are however subject to change
without prior notice. Global Roaming advise Member’s to periodically check the
web site where all rates for Services are displayed. Global Roaming are under
no obligation to provide any advance notice of changes in these rates. Global
Roaming cannot guarantee the reliability or the accuracy of the information
contained within its pages.
20. Credit Card and Account Fund receipt:
1
The debit
of Member’s account will appear under the name "Global Roaming" on
Member Credit card statements.
2
At any
time Member can elect to put their account in "sleeping mode". In
this mode the account cannot be used however no
charges apply until Member elects to reactivate the account by email, telephone
or adding funds.
3
Member
must maintain a valid credit card on file at all times in order to be able to
utilize the Services. If a credit card is charged for Services used in
accordance with the provisions herein and the charge is rejected then the
Members account will be placed on hold until a valid credit card is updated.
21. payment terms
1
If payment
for Services provided by Global Roaming is returned (charged-back) for any
reason, we reserve the right to pursue any and all legal remedies to collect
the amount owed by Member, to suspend or terminate Member access to the service
and Member’s account, and to terminate all obligations of Global Roaming under
this Agreement.
2
Online
secure payment: we accept payment from Credit Card and
PAYPAL, where Member can pay with credit card or Paypal
balance.
3
Member
will not receive hard-copy documentation under this Agreement.
4
Charges
and Rates:
A.
All
information published on the Website has either been made available or provided
by suppliers and manufacturers or obtained from the public domain. Global
Roaming has every intention of providing accurate and up to date information
but cannot guarantee the reliability or the accuracy of the information
contained within its pages.
B.
All call
costs for Services are as per the rates displayed on our web site as may be
changed from time to time.
5
Member
acknowledges and understands that service outages due to suspension of Member account
as a result of billing issues will prevent all Services.
6
Global
Roaming retain the right to charge to Member’s account for regulatory fees or
taxes that may result of changes in laws and
regulations.
22. products and Delivery:
1
Member
shall be liable for the products upon delivery to the address as stated in the
order. Products will only be delivered to the address as stated in the order.
Products will not be left at the address without a signature.
2
Global
Roaming shall not be liable for products lost in transit unless Member has
notified Global Roaming immediately upon becoming aware (in a reasonably timely
manner) that the products have not been delivered. If the products arrive in a
damaged condition, Member is responsible for informing Global Roaming
immediately upon delivery. Member shall be obliged to provide all necessary
consignment notes and carrier details. Member shall notify Global Roaming
immediately upon becoming aware of any wrongly supplied products.
3
The nature
of products advertised by Global Roaming, is such that they
are regularly updated by the manufacturers. On occasion the
specification of the products may vary from the information provided on the
website. For the avoidance of doubt the description of the products on the website
is only to provide an indication of functionality and use. Full technical
specifications may be obtained from the manufacturers directly.
4
Where
Member has purchased a product via our website, Member may cancel the purchase
and return any product to us un-used and unopened (in original packaging)
within 7 days of receipt of the goods by Member. The return of the product
shall be at Member’s cost. Prior to returning any product please notify us in
advance. When Global Roaming receive the product, we will refund to Member the
cost of the product and any airtime credit that Member elected for the card at
time of purchase.
23. Compatibility of sim cards
1
Some SIM
cards are only compatible with specific mobile phone handsets. The
responsibility shall remain with the Member to check the compatibility of the
SIM card with specific handsets. In addition the Service will work only with
unlocked phones.
2
Unlocked
phones is the term used to describe mobile phones that are not tied to a
particular service provider in order to be used. Many cell phones are tied to a
single cellular provider at their introduction, but are later unlocked for use
on multiple networks. Unlocked phones can be used on the network of any
compatible provider with the insertion of a compatible SIM card. Some phones
that are locked can be unlocked using computers or special phone codes, though
this can invalidate warranties.
24. Fair use policy for mobile sim card
1
The dual
number SIM card has the advantage of free incoming phone calls in a number of
specified countries. In order to maintain this facility, a one time connection
fee is apply for each incoming call, including free
call forwarding. Global Roaming reserves the right to monitor usage, and to
apply call charges in the case of overuse or abuse of the free incoming calls
facility.
2
Incoming
call charges shown for dual number SIM are based on the caller dialing Member
UK (+44) number. If the caller dials Member US (+1) number an additional charge
per minute will be incurred.
25. SIM Card and number
Validity Period:
1
The voice
SIM card and SIM card phone number has a Validity Period of 12 months from the
date of purchase. If a period of 3 months elapses without usage, the SIM card
will be deactivated and the phone number disabled. Global Roaming urge Members
who wish to maintain their phone numbers to make at lease one call within each 3 month period.
2
Member can
request to reactivate their SIM card at anytime as long as Member’s account
balance is positive with a valid credit card registered on file. The minimum
account balance for the reactivation is: 50 Euro / US$ otherwise an activation
fee of 14.90 Euro / US$ will be applied for the reactivation of Member SIM card
and phone number. Please be advised in the event of deactivation, for reasons
sometimes outside of our control, Global Roaming cannot guarantee that the same
phone number can be provided.
26. Corporate Accounts:
Corporate
accounts have a sub-account for each mobile worker, under one billing, each sub
account is managed separately, authentication, authorization and setup, all
billing of the sub-account are made to the master corporate account. Billing
can be customized upon request. The Corporate master account is responsible for
each of is sub-account. Corporate account are subject
to the same rules as a individual account unless specified otherwise.
27. WARRANTIES, LIMITATIONS
AS TO LIABILITY AND INDEMNIFICATION
1
Limitation
of Liability
Global
Roaming makes every effort to provide a high level of availability in the
provision of its Service, however, Global Roaming shall not be liable for any
delay or failure to provide the Service, including the ability to connect to
any access point or network (or establish any form of communication), at any
time or from time to time, or any suspension, interruption, low speed, or
degradation of Service that is caused by any of the following:
A.
Act or
omission of an underlying carrier, service provider, vendor or other third
party;
B.
Equipment,
network or facility failure;
C.
Equipment,
network or facility upgrade or modification;
D.
Force majeure events such as (but not limited to) acts of god;
strikes; fire; war; riot; government actions;
E.
Equipment,
network or facility shortage;
F.
Equipment
or facility relocation;
G.
Service,
equipment, network or facility failure caused by the loss of power to Member;
or
H.
Any other
cause that is beyond Global Roaming’s control,
including without limitation the failure of an incoming or outgoing
communications, the inability of communications to be connected or completed , including any international access points, or
degradation of connection , transmission or voice quality.
I.
Global
Roaming procures roaming network services from various network providers.
Global Roaming specifically cannot control the reliability or quality of the networks which provide such services. Member agrees that,
should the Service be used to send or receive data or voice communications,
Global Roaming is not acting as a data or telecommunications carrier or
telephone company, and further that there is no representation made by Global
Roaming as to the suitability of the Service for such use, and that all risk of
connection, transmission quality, and accuracy of communications is solely at
the risk of Member, and that Global Roaming has no liability of any sort for
the failure or lack of quality of such use of the Service.
2
The
liability of Global Roaming for damages (of whatever nature including but not
limited to: contract, tort (including negligence) or strict liability) shall in
no event exceed the level of thw account balance in the Members
account on the date at which time as such breach is alleged
by Member.
3
In the
event that certain states and jurisdictions do not allow for the exclusion of
certain warranties or forms of liability, some of the exclusions set forth in
this Agreement may not apply. In such event Global Roaming’s
maximum liability for any type of damages (whether in contract, tort strict
liability or other) with respect to the Service (including but not limited to
any third party network provider) shall be limited to the level of the account balance in the Member’s account on the date at which time as such
breach is alleged by Member.
4 Consequential Damages
In no
event shall Global Roaming, its officers, directors, employees, affiliates or
agents or any other service provider who furnishes services to Member in
connection with this Agreement or the Service be liable for any incidental,
indirect, special, punitive, exemplary or consequential damages, or for any
damages, including but not limited to loss of data, loss of revenue or profits,
or arising out of or in connection with the use or inability to use the
Service, including inability to be able to connect to the Service. The
limitations set forth herein apply to claims founded in breach of contract,
breach of warranty, products liability, tort and any and all other theories of
liability and apply whether or not Global Roaming was informed of the
likelihood of any particular type of damages.
5 Indemnification
Member
agrees to defend, indemnify, and hold harmless Global Roaming, its officers,
directors, employees, affiliates, associates, agents, partners and any other
service provider who on behalf of Global Roaming furnishes services to Member
in connection with this Agreement or the Service, from any and all claims,
losses, damages, fines, penalties, costs and expenses (including, without
limitation, reasonable attorneys fees) by, or on behalf of, Member or any third
party or user of Member's Service, relating to this Agreement, the Services,
including emergency calls or communications, . This paragraph shall survive
termination of this Agreement.
6
No
Warranties on Service
Global
Roaming makes no warranties, express or implied, including but not limited to,
any implied warranties of merchantability or fitness of the products or Services
for a particular purpose. The Service is provided on an “as is” and “as
available” basis. Global Roaming does not warrant that the Service will be
without Service failure, delay, interruption, error, degradation
of voice quality or loss of content, data or information. Neither Global
Roaming nor its officers, directors, employees, affiliates or agents or any
other service provider or vendor who furnishes services or products to Member
in connection with this Agreement or the Service will be liable for unauthorized
access to Global Roaming or Member's transmission facilities or premises
equipment or for unauthorized access to, or alteration, theft or destruction
of, Member's data files, programs, procedures or information through accident,
fraudulent means or devices or any other method, regardless of whether such
damage occurs as a result of Global Roaming or its service provider's or
vendors' negligence. Statements and descriptions concerning the Service or
Device, if any, by Global Roaming or Global Roaming's
agents or installers are informational and are not given as a warranty of any
kind.
7
The
Service and any software provided to Member by Global Roaming are provided on
an "as is, as available" basis; Global Roaming does not warrant that
the service or any such software will be error-free and/or uninterrupted, that
defects will be corrected, or that content, information, software or other
material accessible through the service will be free of viruses,
"worms", "trojan horses", or
other harmful components. Global Roaming does not guarantee that Members will
be able to access or use the Service at all times. Global Roaming may change,
suspend, or discontinue any (or all) aspects of the Service at any time.
8
Global
Roaming does not guarantee the security or back-up of
any of Member data which may be stored on a remote computer by means of the
Service. Member’s are solely responsible for backing
up any such data.
9
No
Warranties, or Limited Warranties, for products and devices
If Member
has purchased a product or device from Global
Roaming and the device included a limited warranty at the time of purchase,
Member must refer to the separate limited warranty document for information on
the limitation and disclaimer of certain warranties. If Member's product or
device did not include a limited warranty from Global Roaming at the time of
purchase, Member agrees that it accepts its product / device "as is"
and that Member is not entitled to a replacement or refund in the event of any
defect.
10
No Third
Party Beneficiaries
No
provision of this Agreement provides any person or entity not a party to this
Agreement with any remedy, claim, liability, reimbursement, or cause of action
or creates any other third party beneficiary rights.
28. Content
1
Information
available through access to the Service may include controversial, sexually
explicit, or other material that may be offensive to Member or other users.
Global Roaming has no responsibility for or control over such material, and Member
takes sole responsibility for using any available screening software or other
methods of limiting access to any material Member, or others may find
objectionable.
2
Member is
liable for any and all liability that may arise out of the content transmitted
by or received by Member using the Service. Member shall ensure that use of the
Services and content will at all times comply with all applicable laws,
regulations and written and electronic instructions for use. Global Roaming
reserves the right to terminate or suspend affected Services, and/or remove
Member or users' content from the Services, if Global Roaming determines that
such use or content does not conform with the requirements set forth in this
Agreement or interferes with Global Roaming's ability
to provide Services to Member or others or receives notice from anyone that
Member or users use or content may violate any laws or regulations. Global Roaming's actions or inaction under this Section shall not
constitute review or approval of Member or Users' use or Content. Member will
indemnify and hold Global Roaming against any and all liability arising from
the content transmitted by Member using the
Services.
29. Privacy
Global Roaming’s Service utilizes, in whole or in part, the public
Internet and third party networks to transmit voice and other communications.
Global Roaming is not liable for any lack of privacy which
may be experienced with regard to the use of the Service. Please refer to our
Privacy Policy at www.Global
Roaming for additional information.
30. Changes to terms and
conditions
Global
Roaming may change the terms and conditions of this Agreement at any time.
Member is advised to review the terms and conditions posted on the Global
Roaming web site on a regular basis. Notices will be considered given and
effective on the date posted. No further notice by Global Roaming is required.
31. Member service
1
Member
Service, Account Management and Maintenance:
A.
All Member services are managed by Global Roaming
through a secured and encrypted access at: https://secure.globalroaming.com/
B.
In order
to contact us, Member’s are required to submit a “ticket” from “Member Area”
selecting the relevant department Member want to reach.
C.
If you are
not yet a member but have a general enquiry, use the
link "contact us" in the footer of our web pages.
32. Company Information
"MobilityPass products and Services are sourced, designed, developed, provided by OSH3 Technologies under license of Sharp Rock Technologies - OSH3 Tehcnologies , PO1346 , GX111AA Gibraltar Tel +1 3022004354 Registration number 106891
33. Promotions
From time
to time Global Roaming may run promotional offers where we offer products or
Services for reduced cost or in some instances for free. Such promotions are
run entirely at Global Roaming sole discretion and we reserve the right to cancel
or amend such promotions at any time and without further notice.
This Agreement shall be enforced and interpreted under the laws of Gibraltar, exclusive of the choice of law rules thereof.
34. Assignement
Member may
not assign their rights under this agreement unless with the express permission
of Global Roaming. Global Roaming may at its sole discretion assign its rights to
any Company.
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