Terms and Conditions
Mysimtravel offers a number of products and services on the Site and through partners, such as global phonecards and SIM cards (collectively, the ‘Services’). Registration and payment may be required to use the Services. Pre-payment using a credit card or Paypal payment is also required for the use of Services. Mysimtravel may require proof of identity prior to the sale of or use of the Services. Eligibility restrictions, if any, will be noted when registering for each Service. Mysimtravel will keep a record of all Services provided to you.
Name, ID, Address, Mobile Equipment; SIM Card; Telephone Number
You are responsible for your own end material (such as handsets, plug adaptors and chargers) and its proper configuration and installation, in compliance with any regulations and applicable instructions by mysimtravel or the manufacturer. You are also responsible for all preparation to install the Service, such as preparing and inserting SIM cards (interface cards) and setting adequate protocols. You agree to follow all instructions to properly insert the SIM card into your mobile phone. You have no right to be assigned or keep a particular phone number. Mysimtravel has the right to cancel or change any phone number or other address element it may have assigned to you without compensation, if required for operational or technical reasons or as a result of government regulations or new partnerships, or if they will expire after (one) year of inactivity. Mysimtravel does not provide mobile phone number or SIM card portability. Any and all rights attached to a phone number assigned by mysimtravel to you remain vested in mysimtravel. All SIM cards remain the property of mysimtravel, which reserves the rights to alter and develop its content as well as claim its return.
GSM Network Coverage
Mysimtravel offers mobile phone and SIM card users a high degree of coverage via the GSM mobile network. Coverage depends on the network, technical and operational capabilities of the roaming partner. Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. Lists of roaming partners are available on the Site. Mysimtravel will update this information when additional service becomes available. Mysimtravel will make every effort to provide a high level of availability for its mobile network. However, mysimtravel is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities (SMS, for example). Mysimtravel reserves the right to service its mobile network at any time, which may result in temporary disruptions. No representations or guarantees are made with regard to availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines.
Modifications to the Site or the Services
Mysimtravel reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site or the Services including but not limited to products, services, content, features, or hours of availability. Mysimtravel may impose limits on certain features of the Site or the Services, or restrict your access to part or all of the Site or the Services without notice or penalty.
Charges for the Services
You agree to pay all charges for requested Services in US Dollars or Euros. For Services that require pre-payment, you agree to pre-pay for the Service by debiting your credit card the selected amount or making the Paypal payment, or any other payment gateway available at our Site. The cost of the Service you use will be debited against the prepaid credit using the then current prices for the Service. In the event your charges exceed your pre-paid credit, you agree to pay any amounts owed to mysimtravel within seven (7) days from mysimtravel’s request or mysimtravel may immediately suspend the Services. You agree to pay for all charges associated with your account, whether or not the use of your PIN was authorized by you. The charges will be deemed to be correct if they accurately reflect the technical records created by a correctly programmed system. You can request an extract of the Service records in writing (by mail or email) from Customer Service within forty-five (45) days after the disputed charge. Mysimtravel reserves the right to change the prices for the Services at any time. The current applicable prices, which are quoted in US Dollars or Euros, may be found on the Site or by calling Customer Service.
Any deliberate off-network usage of the service (an attempt to circumvent the normal operation of the service in order to avoid paying for use) is prohibited. Any off-network usage that is recorded will incur a separate surcharge (on top of standard rates) as follows: $3 per text message; $3 per minute to make calls and receive calls. This surcharge may not be billed for up to sixty (60) days after actual usage.
No Insurance Coverage
Mysimtravel will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, nondelivery, misinformation or failure to provide information, including, but not limited to, caused by or resulting from: (a) delays caused by Customs’ clearance procedures or those of other regulatory agencies; (b) delays in delivery caused by adherence to shipping company policies regarding the payment of duties and taxes; (c) Mysimtravel’s inability to provide a copy of the delivery record; (d) Mysimtravel’s failure to notify you of any delay or loss of your shipment and its contents; (e) shipments released without obtaining a signature if the recipient has provided authorization by signing a release delivery authorization and indemnification agreement; or (f) Mysimtravel’s shipping company’s failure or inability to attempt to contact the sender or recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect customs broker’s address. Mysimtravel will also not be liable for any package where our records do not reflect that you made a purchase from us.
Account and PIN
You agree that all account information provided by you is accurate and up-to-date, and you will promptly notify mysimtravel of any changes. You are solely responsible for protecting the confidentiality of your PIN and may not disclose your PIN to any other person. You are also solely responsible for all acts and omissions that occur in connection with your account or PIN, whether or not authorized by you. You agree to notify mysimtravel immediately if your PIN is stolen or otherwise passes out of your control so that access using the PIN can be terminated. Until you notify mysimtravel of such issues with your PIN, you are responsible for all charges associated with your PIN.
- use the Site or the Services in connection with chain letters, junk email, spamming, any duplicative or unsolicited messages (commercial or otherwise), or advertising of any kind;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
- use the Site or the Services for anything other than personal or corporate purposes without prior consent by mysimtravel
- upload, post, transmit, distribute or otherwise publish through the Site or the Services unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, false, misleading, offensive or otherwise objectionable material;
- upload, post, transmit, distribute or otherwise publish any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trademarks or copyright;
- upload, post, transmit, distribute or otherwise publish any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- upload, post, transmit, distribute or otherwise publish a photograph of another person without that person’s consent;
- solicit personal information from anyone under the age of 18;
- use the Site or the Services to violate any applicable law restricting the export or import of data, software or any other content;
- interfere with or disrupt networks connected to the Site or the Services or violate the regulations, policies or procedures of such networks;
- gain or attempt to gain unauthorized access to the Site or the Services, other accounts, computer systems or networks connected to the Site or the Services, through password mining or by any other means;
- interfere with another member’s use and enjoyment of the Site or the Services or another entity’s use and enjoyment of similar services;
- use the Site or the Services in any unethical manner or contrary to accepted community standards; or
- engage in or encourage conduct that would constitute a criminal offence or give rise to civil liability.
Mysimtravel will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition to mysimtravel’s other rights or remedies, you agree to pay mysimtravel the sum of eight dollars (USD$8) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account (which is mysimtravel’s genuine estimate of the damage it would suffer) or mysimtravel’s actual damages, whichever is greater.
Responsibility for Use of Mobile Lines
You are solely responsible for the content of information and communications transmitted using the Site and the Services. You are responsible for all use of your mobile line, including use by third parties. In particular, you are responsible for the payment of all charges arising in connection with use of your mobile line including goods and services ordered or obtained via your mobile line. PIN/PIN2 and PUK/PUK2 codes and any other security codes that may be assigned should be stored carefully and separately from the mobile phone and the SIM card, and should not be disclosed to anyone. You must comply with all reasonable security procedures and standards with respect to the Service, including activating and periodically changing your PIN code. mysimtravel may communicate security issues to you when abuse or misuse is observed or reported by others.
You acknowledge and agree that all content and materials available on the Site and via the Services, including but not limited to the mysimtravel name and logos, text, music, software, photographs, and video, are protected by intellectual property and other laws. Except as expressly authorized by mysimtravel, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you keep intact all proprietary and other notices.
Mysimtravel does not claim any ownership rights in the content or materials posted by you or other members. By uploading, posting, transmitting, distributing or otherwise publishing content and materials on the Site or via the Services, you: (a) grant mysimtravel a non-exclusive, worldwide, royalty-free, sublicensable and transferable licence to use, modify, publicly perform, publicly display, reproduce, edit, translate, aggregate, reformat, prepare derivative works based upon, distribute and otherwise exploit the content and materials, in whole or in part, on the Site and via the Services; and (b) represent and warrant that you own the content and materials or have the right to grant the licence to mysimtravel.
In appropriate circumstances and at its sole discretion, mysimtravel may suspend or terminate the access of and take other action against users who infringe the copyright rights of others.
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit mysimtravel to locate the material;
- Information reasonably sufficient to permit mysimtravel to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All product and service marks that appear on the Site and the Services that are not mysimtravel marks are the marks of their owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.
You agree that mysimtravel has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site or via the Services. Notwithstanding this right, mysimtravel does not and cannot review all materials posted by users on the Site or via the Services and mysimtravel is not responsible for any materials posted by users.
All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site or via the Services will become the exclusive property of mysimtravel. Mysimtravel will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.
DISCLAIMER OF WARRANTIES
THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MYSIMTRAVEL DOES NOT WARRANT THAT THE SITE AND THE SERVICES, OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MYSIMTRAVEL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, EVEN IF MYSIMTRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF MYSIMTRAVEL TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (US$100) IN THE AGGREGATE.
Choice of Law
This agreement shall be governed by and in accordance with the laws of the United States of America.
Except as explicitly stated otherwise, any notices shall be given by email to mysimtravel at firstname.lastname@example.org or to you at the email address you provide to mysimtravel. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.