Flexiroam App Terms & Conditions of Use

1. YOUR AGREEMENT WITH FLEXIROAM APP

1.1 Flexiroam’s internet communication software applications (“Internet Communications Software”), other Flexiroam branded software applications (together the “FLEXIROAM App Software”), including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by Flexiroam Sdn Bhd and their respective partners, affiliates, and agencies.

1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by Flexiroam Sdn Bhd.

1.3 Any additional products or features of the Flexiroam App Software or other “Flexiroam” branded products, that you pay for (including products or features which are available for free on a trial basis only) (“Paid For Products”) are provided to you by Flexiroam Sdn Bhd.

1.4 Flexiroam’s websites (“Flexiroam Website”) are operated by Flexiroam Sdn Bhd.

1.5 “Flexiroam” means Flexiroam Sdn Bhd; “Products” means collectively the Free Products and Paid For Products;

you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.

Voucher” means a voucher distributed by Flexiroam or third party partner for free or at a particular discount. Use of the Voucher shall be subject to paragraph 16.2.

1.6 Your agreement with Flexiroam is made up of the terms and conditions set out in this document (the “Terms”).

2. ACCEPTANCE OF THE TERMS

2.1 In order to download and/or use the Software, Products and/or Flexiroam Website you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or Flexiroam Website. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or Flexiroam in accordance with paragraph 11.

2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or Flexiroam Website in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with Flexiroam.

2.3 In some countries the Products may be provided to you by Flexiroam‘s local partner. If so, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.

3. CHANGES TO THE TERMS

3.1 Flexiroam may make changes to these Terms from time to time, without prior notice to you. Flexiroam will publish the changes in Flexiroam Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or Flexiroam Website after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Flexiroam in accordance with paragraph 11 below.

4. LICENCE

4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual Flexiroam account. For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the Flexiroam App Software onto personal mobile devices or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. Flexiroam reserves all rights not expressly granted to you under these Terms.

4.2 Restrictions. You may not and you agree not to.

(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;

(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);

(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;

(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 4.1 above;

(e) other than for the purposes of download and installation, use the Software except through your User Account.

4.3 Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that:

(a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible through the Third Party Technology and (c) Flexiroam cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.

5. USE OF THE SOFTWARE AND PRODUCTS AND FLEXIROAM WEBSITES

5.1 Equipment. In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.

5.2 Use of Your Equipment. The Internet Communications Software may use the processing capabilities, memory and bandwidth of the mobile device (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.

5.3 Updates to the Software. Flexiroam may automatically check your version of the Flexiroam App Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. Flexiroam has no obligation to make available any Updates. However, Flexiroam may require you to download and install Updates. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from Flexiroam in order to continue using the Flexiroam App Software and you agree to accept such Updates subject to these Terms.

5.4 Suspension, technical improvement and maintenance. From time to time, Flexiroam may need to perform maintenance on or upgrade the Software, Products or Flexiroam Website or the underlying infrastructure that enables you to use the Software, Products or Flexiroam Website. This may require Flexiroam to temporarily suspend or limit your use of some or all of the Software, Products or Flexiroam Website until such time as this maintenance and/or upgrade can be completed. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or Flexiroam Website.

5.5 No Access to Emergency Services. Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”) . There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) Flexiroam is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services; and (iii) the Software and the Products are not a replacement for your primary telephone service.

5.6 Content of Communications. Flexiroam is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) 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 (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. Flexiroam reserves the right (but shall have no obligation) to review content for the purpose of enforcing these Terms. Flexiroam may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Software, Products or its customers, or otherwise enforce these Terms. Further, Flexiroam may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.

5.7 Notice and Take-Down. If Flexiroam receives any notification that any material that you post, upload, edit, host, share and/or publish on the Flexiroam Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if Flexiroam wishes to remove your User Submission for any reason whatsoever, Flexiroam reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by Flexiroam in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Flexiroam is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately. Flexiroam reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.

5.8 Quality. Flexiroam cannot guarantee that the Software, Products or Flexiroam Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or Flexiroam Website, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Flexiroam takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

5.9 Changes to Products. Flexiroam is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the Flexiroam Website. If you do not agree with any changes to Software and Products you may terminate your relationship with Flexiroam in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the Flexiroam Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.

5.10 Unsolicited Ideas. Flexiroam does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to Flexiroam through the Flexiroam Website or otherwise, you acknowledge and agree that Flexiroam shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

5.11 Reports. Certain parts of the Flexiroam Website or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Flexiroam. Flexiroam shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Flexiroam will not be treated as confidential and Flexiroam shall not be liable for any disclosure of the Reports.

5.12 Linking. You may link to the Flexiroam Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Flexiroam where none exists. You may not frame the Site on any other site.

6. YOUR OBLIGATIONS

6.1 User Account. Prior to your first use of the Flexiroam App Software, you will be asked to create a User Account by inputting and verifying your mobile number. You are also required to sign into the Software to verify your email address and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Flexiroam takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.

6.2 Lawful Use. You must use the Software, Products and Flexiroam Website in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or Flexiroam Website. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or Flexiroam Website where you are located.

6.3 Prohibited Use. You may not:

(a) intercept or monitor, damage or modify any communication which is not intended for you;

(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, Flexiroam Website, communication or protocols;

(c) send unsolicited communications (also referred to as ‘SPAM’, ‘SPIM’ or ‘SPIT’) or any communication not permitted by applicable law or use the Software, Products or Flexiroam Website for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;

(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;

(e) use the Software, Products or Flexiroam Website to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or

(f) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or

(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or Flexiroam Website;

(h) impact or attempt to impact the availability of the Software, Products or Flexiroam Website for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;

(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or Flexiroam Website. Notwithstanding the foregoing, you agree that Flexiroam grants to the operators of public search engines permission to use spiders to copy materials from the Flexiroam Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Flexiroam reserves the right to revoke these exceptions at any time.

6.4 User Submissions. Please exercise respect when participating in any features of the Flexiroam Website or Software such as forums, blogs, email functions, video hosting, sharing and/or publishing or any other function on the Flexiroam Website or of the Flexiroam App Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the Flexiroam Website and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Flexiroam has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the Flexiroam Website or through the Software; (iii) Flexiroam does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) Flexiroam is not responsible for any User Submissions that you may have access to through your use of the Flexiroam Website or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. Flexiroam does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.

In connection with your User Submissions, you represent and warrant that you

(a) own or have the necessary licenses, rights, consents, and permissions to use and authorize Flexiroam to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and

(b) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

If, at any time you choose to upload or post User Submissions to the Flexiroam Website or through the Software (excluding Reports and excluding the content of your communications) you automatically grant Flexiroam a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trade marks associated therewith, in connection with the Flexiroam Website and Flexiroam’s Software and Products including for the purpose of promoting or redistributing part or all of the Flexiroam Website and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the Flexiroam Website and/or Flexiroam’s Software or Products a non-exclusive license to access your User Submission through the Flexiroam Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the Flexiroam Website and/or Software or Products and pursuant to these Terms of Use. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.

You may not submit or publish through the Flexiroam Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Flexiroam Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the Flexiroam Website or Software or features that prevent or restrict the use of any content thereof.

6.5 Your Information. From time to time, Flexiroam may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.

6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.

6.7 Export Restrictions. The Software may be subject to international rules that govern the export of software. You shall comply with all applicable laws that apply to the Software as well as end-user, end-use, destination restrictions issued by governments or similar bodies, and restrictions on embargoed nations. Flexiroam is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of any relevant export control and sanctions regulations.

7. PROPRIETARY RIGHTS

7.1 The Software, Products and Flexiroam Website contain proprietary and confidential information that is protected by intellectual property laws and treaties.

7.2 The content and compilation of content included on the Flexiroam Website, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Flexiroam, its affiliates or licensors and are protected by the applicable copyright laws. Such copyright protected content cannot be reproduced without Flexiroam’s express permission. Flexiroam reserves all rights not expressly granted in the Flexiroam Website.

7.3 Flexiroam and/or its licensors retain exclusive ownership of the Software, Products and Flexiroam Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with Flexiroam’s intellectual property rights in the Software, Products and/or Flexiroam Website.

7.4 “Flexiroam”, associated trademarks and logos are trademarks of Flexiroam. Flexiroam has registered and filed applications to register its trademarks in many countries worldwide. Flexiroam’s trademarks and trade dress may not be used in connection with any product or service that is not Flexiroam’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Flexiroam. All other trademarks not owned by Flexiroam or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Flexiroam’s intellectual property (in whole or part) or that is confusingly similar thereto.

8. CHARGES

8.1 Calling phones with Flexiroam Credit (as described in paragraph 9.1):

(a) Calling landlines and mobiles: The charges payable for calling phones (outside of a subscription) consist of a per-minute rate or bundled usage price as set out on Flexiroam website.

(b) Flexiroam may change the rates or bundle package for calling phones at any time without notice to you by posting such change at Flexiroam Website. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call. By making a call, you irrevocably accept to be charge by Flexiroam for the call according to Flexiroam's prevailing call rates.

(c) The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute.

8.2 Charges for other Paid For Products. The charges for other Paid For Products will be confirmed to you before you complete a purchase from Flexiroam. Flexiroam may change the charges payable for the purchase of such Products at any time without any notice to you. The new charges will apply to your next purchase after the new charges have been published.

8.3 Promotional Offers. From time to time, Flexiroam may offer Paid-For Products for free for a trial period. Flexiroam reserves the right to charge you for such Products (at the normal rate) in the event that Flexiroam 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.

8.4 Tax. Flexiroam reserves the right to apply value-added tax or other taxes at the appropriate rate as per applicable tax rules at the time of purchase. Your Flexiroam Credit balance is displayed exclusive of any such taxes.

8.5 Third Party Charges. Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

9. PAYMENT

9.1 Flexiroam Credit. You can pay for select Paid For Products using Flexiroam Credit. You can purchase Flexiroam Credit using any payment method made available to you by Flexiroam from time to time. The Flexiroam Credit that you purchase will be credited to your User Account at the time of purchase (or if you are using a Flexiroam Credit voucher, at the time you redeem that voucher).

9.2 Other payment methods. Flexiroam does not guarantee that you will be able to use your Flexiroam Credit balance to purchase all Products. Where Flexiroam Credit cannot be used to pay for a Product, Flexiroam will make another payment method available to you. Flexiroam reserves the right to remove or amend the available payment methods at its sole discretion.

10. REFUND POLICY

10.1 When you purchased Paid For Products directly from Flexiroam (Flexiroam Credit or other service plans), you agree that all Flexiroam Credits purchaseds have no expiry date, and cannot be refunded once it has been purchased, but can only be used to purchase other Paid For Products.

10.2 Flexiroam reserves the sole right to refuse a refund of any Paid For Products that are purchased via a third party partner of Flexiroam, including but not limited to coupon sold by such partner (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund) and the free Flexiroam Credit or Flexiroam Credit exchanged by the redemption of Voucher.

10.3 Flexiroam reserves the right to refuse a refund request if it reasonably believes (a) if you are breach of these Terms; or (b) if Flexiroam reasonably suspects that you are using the Products or Software fraudulently or that your “User Account” is being used by a third party fraudulently.

10.4 If you believe that Flexiroam has charged you incorrectly, you must contact Flexiroam by e-mail (support@flexiroam.com) within fourteen (14) days of such charge. No refunds shall otherwise be given.

10.5 In the event of Paragraph 10.4 above, Flexiroam reserves the right to impose handling fee (including but not limited to the fee charged by the payment gateways) for the refunds, save and except for the refunds of overcharged payment pursuant to paragraph 10.4 above.

11. ENDING YOUR RELATIONSHIP WITH FLEXIROAM

11.1 You may terminate your relationship with Flexiroam at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Flexiroam Website and cancelling any recurring payments.

11.2 Flexiroam may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or Flexiroam Website at any time and without recourse to the courts:

(a) if you are in breach of these Terms;

(b) if Flexiroam reasonably suspects that you are using the Software, the Products and/or Flexiroam Website to break the law or infringe third party rights;

(c) if Flexiroam reasonably suspects that you are trying to unfairly exploit or misuse any user privileges, or any of our policies.

(d) if Flexiroam reasonably suspects that you are using our Products, Software and/or Flexiroam Website fraudulently or that your User Account is being used by a third party fraudulently;

(e) if you have purchased Flexiroam Credit from an unauthorised reseller;

(f) in respect of a particular Product, on thirty (30) days' notice if Flexiroam decides to cease offering that Product;

(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of Flexiroam’s partners;

(h) on thirty (30) days' notice if Flexiroam decides to cease offering the Software to users in your jurisdiction generally.

11.3 Flexiroam shall effect such termination by preventing your access to your User Account, the Software, Products and/or Flexiroam Website (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

11.4 Consequences of Termination. Upon termination of your relationship with Flexiroam: (a) all licenses and rights to use the Software, Products and/or Flexiroam Website shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or Flexiroam Website; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

12. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

12.1 For the purposes of this paragraph 12, "Flexiroam" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

12.2 No Warranties.To the maximum extent permitted by law: the Software, Products and Flexiroam Website are provided "as is" and used at your sole risk with no warranties whatsoever; Flexiroam does not make any warranties, claims or representations and expressly disclaims all such warranties of any kind, whether express, implied or statutory, with respect to the Software, Products and/or Flexiroam Website including, without limitation, warranties or conditions of quality performance, non-infringement, merchantability, or fitness for use for a particular purpose. Flexiroam further does not represent or warrant that the Software, Products and/or Flexiroam Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor does Flexiroam warrant any connection to or transmission from the Internet, or any quality of calls made through the Software.

12.3 Nothing in this these Terms shall exclude or restrict Flexiroam 's liability for (a) death or personal injury, (b) loss resulting from Flexiroam 's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.

12.4 No Liability. You acknowledge and agree that Flexiroam will have no liability whatsoever, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Flexiroam, in connection with or arising from your use of Flexiroam Website, or the Internet Communications Software or other Software that is provided free of charge. Your only right or remedy with respect to any problems or dissatisfaction with such Software and/or Flexiroam Website is to immediately uninstall such Software and cease use of such Software and/or Flexiroam Website.

12.5 Limitation of Liability.

Subject to paragraphs 12.3 and 12.4 above, Flexiroam shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Flexiroam, for:

(a) any indirect, special, incidental or consequential damages; or

(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or

(c) any damage to or corruption of data (whether direct or indirect);

(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:

  1. your inability to use the Software to contact Emergency Services;
  2. your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above; or
  3. conduct of third party Emergency Services operatives and calling centres to which you may be connected.

(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:

  1. any product or service provided by a third party under their own terms of service;
  2. any Third Party Technology;
  3. any third party website.

12.6 Subject to paragraphs 12.3, 12.4 and 12.5 above, Flexiroam’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) shall not exceed in aggregate the amount paid by you for the Products in the twelve(12)-month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of One thousand United States Dollars (USD1,000) in all cases.

12.7 If any third party brings a claim against Flexiroam in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your compliant in relation to any User Submission, you will indemnify and hold Flexiroam harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

13. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY

Flexiroam is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy on Flexiroam Website.

14. HOW TO CONTACT FLEXIROAM

14.1 To contact Flexiroam in relation to the Flexiroam App Software or “Flexiroam” branded Products, please submit a support request to support@flexiroam.com or through any of the channels stated on Flexiroam Website Contact Us page.

15. MISCELLANEOUS

15.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Flexiroam.

15.2 For your convenience, Flexiroam may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Flexiroam.

15.3 These Terms constitute the entire agreement between you and Flexiroam with respect to your use of the Software, Products and/or Flexiroam Website and replace any prior agreements between you and Flexiroam with respect to the Software, Products and/or Flexiroam Website.

15.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

15.5 The failure by Flexiroam to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Flexiroam’s right or remedy. If Flexiroam waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

15.6 You may not assign these Terms or any rights or obligations contained in them. Flexiroam may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

15.7 This paragraph, along with paragraphs 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

15.8 You acknowledge and agree that if Flexiroam is unable to provide the Software, Products and/or Flexiroam Website as a result of a force majeure event, Flexiroam will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Flexiroam.

15.9 These Terms shall be governed by and interpreted in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts of the district of Malaysia.

15.10 FAIR USAGE POLICY (“FUP”). All offers related to Software, Products and/or Flexiroam Website are subject to our Fair Usage Policy. The usage of the Software, Products and/or Flexiroam Website is expected to be a fair balance between Free Products and Paid For Products usage. Excessive volume or duration of only Free Products, determined at Flexiroam’s discretion, acting reasonably, will constitute abuse.

Software, Products and/or Flexiroam Website is for individual use only (personal or business communications) in accordance with this Terms and Conditions of Use and this FUP (“Legitimate Use”). The practices that are considered not Legitimate Use of Product include but not limited to:

  1. using Software, Products and/or Flexiroam Website for telemarketing or call centre purposes,
  2. re-selling Product’s minutes,
  3. sharing Product between users (e.g. via a PBX, call centre, computer or any other means),
  4. calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications; and
  5. unusual calling patterns inconsistent with normal, individual subscription use (for example, regular calls of short duration or calls to multiple numbers in a short period of time).

Flexiroam reserves the right to monitor User Submission and Call usage, to apply associated usage charges and/or withdraw the service from any User account supplied to users at any time in the case of overuse or abuse of the Free Products. Flexiroam will not be liable for reimbursement, compensation of Flexiroam credit or purchase price or any sub-sequential loss of any Flexiroam account that is suspended under this Fair Usage Policy. Flexiroam also reserves the sole right to change this Fair Usage Policy at any time. Changes shall become effective immediately after publication of the revised version on Software, Products and/or Flexiroam Website.

16. PRODUCT SPECIFIC TERMS

16.1 Rented Lines or Numbers

(a) Availability and use. Where we provide you with an overseas rented Number, you agree that:

  1. you do not own the number or have a right to retain that number forever;
  2. the number provided to you is subject to applicable numbering rules and regulatory practices;
  3. you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of, or any reasonable instructions that Flexiroam or Flexiroam's partners may give to you with regard to the use of the numbers and the Products;
  4. failure to do so could result in the number being withdrawn;
  5. you will not transfer or attempt to transfer your number to any third party. In particular, you are responsible for compliance with any requirements related to residency and or location; and
  6. you will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes. Flexiroam reserves the right to change the terms related to Lines or Numbers rental, including without limitation to impose or amend any residency requirements and/or require the provision of further user information for continued access to such numbers. In certain countries, a number may be made available to you by a Flexiroam partner rather than Flexiroam, and you may need to enter into a separate agreement with such partner.

(b) Other changes to numbers. If Flexiroam needs to withdraw or change the number that has been made available to you, Flexiroam will use commercially reasonable endeavours to notify you by e-mail, stating the effective date of the change and where possible, your new number. If you do not wish to accept this new number, you are entitled to terminate your number.

(c) Caller ID display depends on different routing. The caller id is not guaranteed to be displayed properly when calling out.

16.2 Voucher

(a) Requirement. You may redeem a Voucher only after you have installed latest version of Flexiroam App Software or login your User Account in Flexiroam Website. Only after verification of your telephone number and completion of the registration process, the Voucher can be redeemed and the corresponding free Flexiroam Credits can be used after redemption.

(b) Voucher Redemption. Each Voucher can only be redeemed once and will be exchanged to free Flexiroam Credit after redemption. Such free Flexiroam Credit shall be used within the stipulated duration stated on the Voucher. Otherwise such free Flexiroam Credit will become void.

(c) Expiry of Voucher. Each Voucher has its own redemption period. If the Voucher has not been redeemed before the end of such redemption period, the Voucher will be expired without any refund or compensation. Relevant redemption expiry date will be shown on the message delivered together with Voucher (including but not limited to the Voucher in the form of e-mail or paper voucher) and such Voucher will be expired on such date at 23:59 (Malaysia Time i.e. GMT+8).

(d) Voucher is non-refundable and non-resalable.

(e) Flexiroam reserves all the rights with respect to the Voucher. Flexiroam may at its sole discretion to revoke any Voucher without prior notice and without any liability or compensation to the holder of the Voucher.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR Flexiroam WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Flexiroam THE RIGHTS SET FORTH HEREIN.