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Flexiroam X

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1. Definitions

These words have the following meanings in these Terms of Use:

"Account" means the unique account in which we record and store a User's information, service usage, data balance and charges that are related to the purchase and use of FLEXIROAM service.

"Allocated Data Limit" means a limit of 100GB of Data that a User is allowed to accumulate or purchase via the FLEXIROAM Service within a one (1) year period during their Membership Subscription.

"Agreement" means the agreement between You and us for which these Terms of Use will apply

"Charges" means the subscription and data roaming package fees charged to Users for subscribing and using FLEXIROAM Services. These charges are available on the FLEXIROAM X Mobile Application and may be updated from time to time.

"Data" means the amount of Purchased Data and Free Data that we credit to the User’s account when the User either purchases additional data using our preferred payment methods or earns free data via the FLEXIROAM X in-app features.

"FLEXIROAM" means an international roaming service provider and also referred to as “we”, “us”, “our” or “the company”

"FLEXIROAM Service" means an international roaming service that enables Users access to FLEXIROAM’s affordable voice and data networks while travelling overseas.

"FLEXIROAM X" means the FLEXIROAM X-Microchip and the Proprietary Mobile Application that enables Users access to FLEXIROAM X’s services.

"FLEXIROAM X-Microchip" means the adhesive SIM Microchip owned and issued by us to Users on a limited license basis that enables Users access to FLEXIROAM’s global data networks.

"FLEXIROAM X App" means the proprietary mobile application that a User downloads to manage and utilize their FLEXIROAM X account.

"Free Data" means the free data made available to User by us once a User successfully fulfills all the necessary terms and conditions of earning such Free Data.

"Member" means a FLEXIROAM X User who has an active paid membership subscription.

"Membership Subscription" means a purchased annual subscription that grants Users Member status.

"Non-member" means an individual who has not purchased a Membership Subscription or a previous FLEXIROAM X Customer whose Membership Subscription has expired.

"Purchased Data" means the data that has been purchased by Members via FLEXIROAM X or through other authorised sales channel provided by us.

"Referee" means new subscribers who have received a referral from members through the FLEXIROAM X App “Refer a Friend” feature.

"Referer" means members who uses the FLEXIROAM X App “Refer a friend” feature to refer the Service to new subscribers.

"Services" means the annual Membership Subscription, data roaming products and services promoted on the Website and through partners (collectively, the “Services”). Subscription and payment is required to use the Services. Pre-payment for a paid Membership Subscription using the preferred payment method on User’s financial facility is also required for the use of Services. FLEXIROAM may require proof of identity prior to the sale of or use of the Services. Eligibility restrictions, if any, will be noted when You register for each Service. FLEXIROAM will keep a record of all the information related to the Services provided to User.

"Website" means FLEXIROAM X’s official website with URL: www.flexiroamx.com.

"You", “FLEXIROAM X User”, “User” or the "Customer" means the authorised user or party who purchases or uses FLEXIROAM service.

2. Agreement

  1. The Terms of Use of this Agreement shall govern the relationship between FLEXIROAM (hereinafter referred to as “we”, “us”,“our”, or “the company”) and the User (hereinafter referred to as “You”, “the Customer”, “FLEXIROAM X user”, “User” and “user”) of FLEXIROAM X Service (hereafter referred to as “FLEXIROAM service”) from within any country in the world which shall constitute a legal and binding obligation on the parties once User has successfully registered a FLEXIROAM Service Account with FLEXIROAM.

  2. These Terms of Use annul all prior understandings between You and FLEXIROAM. By using FLEXIROAM service, You have agreed to these Terms of Use stipulated in this Agreement:
    a. FLEXIROAM service is supplied by the Company, directly or through one of our distribution partners. Your use of FLEXIROAM services are subject to the following Terms of Use and any operating rules or policies that may be published from time to time by the Company on its website. Please read these Terms of Use carefully.
    b. FLEXIROAM services offers users coverage via the GSM & HSDPA mobile network through the use of our partners overseas telecommunications networks. FLEXIROAM does not control these networks and therefore cannot offer any guarantees about the quality of roaming services. FLEXIROAM service coverage depends on the network, technical and operational capabilities of our roaming partner(s). Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. FLEXIROAM will make every effort to provide a high level of availability to our mobile network. However, FLEXIROAM is unable to guarantee continuous, trouble-free operation of our mobile network or certain transmission times or capacities.
    c. The Company reserves the right to revise the list of supported countries of FLEXIROAM’s service at any time without prior consent from Users. Any addition or removal of countries from the supported country list will be announced prior to when the changes are implemented. Users can view the most updated list of countries FLEXIROAM service covers on the FLEXIROAM X App or through the Website.
    We reserve the right to undertake service maintenance on our mobile network at any time, which may result in temporary disruptions in FLEXIROAM service. No representations or warranties are made with regard to availability, quality, operation or support for data roaming on our mobile network, on third-party devices, on third-party networks or with third-party networks.

3. Your Account

  1. Upon downloading and registering in the FLEXIROAM X App, Customers will be assigned an Allocated Data Limit. For Members, The Allocated Data Limit will be renewed on an annual basis from the date of purchasing or renewing a Membership Subscription. For non-members, the Allocated Data Limit will be renewed on an annual basis from the date of registration in the FLEXIROAM X app.

  2. Data can be earned or purchased through the FLEXIROAM X App. Once the User has accumulated and used up the Allocated Data Limit, irrespective of the fact that the User has an active Membership, that User will not be able to further purchase or earn additional Data until the next annual cycle and subsequent renewal of the Allocated Data Limit.

  3. FLEXIROAM X is a subscription based service meaning that You are required to purchase an annual Membership Subscription to enable You to utilise Data that has been accumulated.

  4. The delivery time for the FLEXIROAM X Microchip will be displayed on the FLEXIROAM X App upon completion of the User’s purchase. Users can also track the delivery status of the FLEXIROAM X Microchip through the FLEXIROAM X App.

  5. The Membership Subscription purchased has an expiry date of one (1) year from the purchase date which will be displayed on the FLEXIROAM X App. Users will receive a notification on the mobile application prior to the expiration date.

  6. Data that is purchased or accumulated can only be utilized during the active Membership period. Data that is unused by the time Membership expires will be carried forward upon Membership renewal, subject to the Allocated Data Limit.

  7. For Non-Members, Free Data that has been accumulated will expire at the end of their annual data allocation cycle if a Membership is not purchased or renewed within that time period. Free Data that has been accumulated will not be carried forward unless the Non-member purchases a Membership Subscription.

  8. If Membership is terminated before the expiration date, all unused Data will be cancelled and will not be subjected to refunds or compensation.

  9. Users need to ensure that the Membership Subscription Renewal Feature on the FLEXIROAM X App is turned on if they wish to maintain their Membership. Turning off this feature will terminate the User’s Membership upon the expiration date. All Data that has been unused up to the date of termination will be lost and is not subjected to refunds or compensation. FLEXIROAM will not be liable for any losses incurred by Users who fail to follow the procedure mentioned above.

  10. Your account details issued to You is your property and You are solely responsible both for the use of your account and for the costs of any of the GSM & HSDPA services obtained through its use. You are liable for all charges, which are, or become, payable in respect of your account, whether the account is used by You or by any third party.

  11. Your FLEXIROAM X Membership Subscription and/or Data is not transferable to or from third party or other FLEXIROAM accounts.

  12. Charges for FLEXIROAM services are calculated and billable in US dollars (USD). Nevertheless, alternative currencies may be offered at FLEXIROAM’s own discretion. You agree to absorb any additional transactional charges billed by your financial institution in line with your purchase of FLEXIROAM’s services.

4. Changes To The Terms Of Use

FLEXIROAM can, from time to time, change the Terms of Use of this Service, other than the charges payable under it, by publishing details of such changes on the Website. FLEXIROAM will publish details of any changes (including the operative date) on our Website as soon as possible, but, in any event, not less than two (2) weeks before any changes are to take effect.

5. Charges For The Services

As FLEXIROAM X is a subscription based service that requires pre-payment for an annual Membership and for Data purchases, You agree to pre-pay for the Service by debiting your preferred payment method the applicable amount. The FLEXIROAM X Membership is valid for one (1) year where it will then require a renewal upon expiration. The Data will remain valid only within the Membership Subscription period. Any unused Data will be carried forward when a User’s Membership is renewed.

In the event that Data usage has depleted your current balance, Users must purchase Data through the FLEXIROAM X app or earn more Free Data. You agree to pay for all charges associated with using your FLEXIROAM account with other third-party services, whether or not You authorized its usage. You also agree that FLEXIROAM is not liable to provide refunds for any purchases made unintentionally. FLEXIROAM reserves the right to change the prices or pricing scheme for FLEXIROAM X at any time, given at least two (2) weeks prior notice via our Website.

6. Equipment; Flexiroam X

You are responsible for your own end material (such as handsets and other such devices that are used along with FLEXIROAM X) and its proper configuration and installation, in compliance with any regulations and applicable instructions by us or your device’s manufacturer. You are also responsible for all preparations required to install, initiate and halt FLEXIROAM, such as the installation of the FLEXIROAM X and setting the adequate protocols.

The User also agrees to take responsibility to ensure their device is unlocked and is compatible with the FLEXIROAM X Microchip and App. We shall not be liable for any damages or losses caused to your own end materials when used with FLEXIROAM X.

The FLEXIROAM X Microchip shall remain the property of FLEXIROAM at all times and ownership thereof shall not at any time pass to the User. The FLEXIROAM X Microchip shall be returned immediately if FLEXIROAM asks You to do so as the result of any of the circumstances set out in Clause 12, or where there is any other valid reason.

7. Microchip Replacement

In the event that the FLEXIROAM X Microchip has been damaged during installation or is found to be faulty following installation to the User’s device, FLEXIROAM, at it’s sole discretion, may choose to replace the Microchip on a case-by-case basis. Shipping charges may apply. Please contact support@flexiroam.com to request for replacement.

8. Free Data

FLEXIROAM X App contains in-app features that allow Users to earn and accumulate Free Data. All Free Data that has been accumulated can only be utilized with an active Membership Subscription.

The features and their terms are listed as follows:

  1. Refer a Friend
    Users who are Members refer the FLEXIROAM X App to new Users where both parties will then earn Free Data. The amount of Free Data that can be earned per referral is determined by FLEXIROAM and is subjected to changes at FLEXIROAM’s sole discretion.
    Upon registering using a referral code, both Referee and Referer will immediately receive the Free data.

  2. Promo Code
    FLEXIROAM may, at its sole discretion, create promotional codes (“Promo Codes”) that may be redeemed for Free Data, or other features or benefits related to the Services, subject to any additional terms that FLEXIROAM establishes on a per Promo Code basis which can be found on the back of each Promo Code Voucher.
    FLEXIROAM reserves the right to withhold or deduct accumulated Free Data or other features or benefits obtained through the use of Promo Codes by You or any other User in the event that FLEXIROAM determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms of Use.

  3. Referral Challenge
  4. Users may share their “Referral Link” which can be found in the Flexiroam X app (version 3.0 and above) to other new users.
    A referral is considered success when ALL of the following terms are met:
    • i. Referee’s mobile device must not have installed the Flexiroam X app (any version) previously
    • ii. Referee must download Flexiroam X app from the App Store / Play Store redirected from the referral link sent by referrer
    • iii. Referee must log in / sign up in the downloaded Flexiroam X app with ONE of the following Methods:
      • Google email that has never been registered in any version of Flexiroam X app
      • Facebook account which its primary email was never registered in any version of Flexiroam X app
      • Sign up with an email that has never been registered in any version of Flexiroam X app previously
    • iv. Referee must sign up within the campaign time frame
    The amount of Free Data that can be earned during the campaign is determined by FLEXIROAM and is subjected to changes at FLEXIROAM’s sole discretion.

9. Responsibilty For Use Of Flexiroam X

You are solely responsible for the content of information and communications transmitted using FLEXIROAM X. You are responsible for all use of your SIM card, including use by third parties. In particular, You are responsible for the payment of all charges arising in connection with the use of FLEXIROAM X, including unintentional purchases. You must comply with all reasonable security procedures and standards with respect to FLEXIROAM X. FLEXIROAM may communicate security issues to You when abuse or misuse is observed or reported by others.

10. General Provisions

  1. Any difficulties You may have in relation to our services should be addressed to the Customer Service Centre. Please visit the Website to obtain the Customer Service Centre contact number, or email us at support@flexiroam.com.

  2. FLEXIROAM Services must not be used or relied upon as an alternative to contact Emergency Service Numbers anywhere in the world. If such a need arises, Users must use fixed telephone networks or the established Marine Emergency Procedures.

  3. FLEXIROAM is made available to You on the basis that You and any other party using FLEXIROAM with your express, or implied consent, or for whose use of the roaming services, You are responsible. You will:
    a. not use the services for any improper or unlawful purpose or allow others to do so;
    b. comply with all relevant legislation or regulations relating to the use of FLEXIROAM and the use of the other GSM & HSDPA network services;
    c. comply with any reasonable instructions issued by us from time to time;
    d. comply with any reasonable request, in particular, in relation to the investigation of fraud or other offences; and
    e. not act or omit to act in any way likely to injure or damage any person, property or the network, or cause the quality of the FLEXIROAM services to be impaired or interrupted in any manner whatsoever.

  4. Actions considered abusive or fraudulent by a User of FLEXIROAM may result in termination of Your account, without any refund. FLEXIROAM is not required to provide any notice of such a withdrawal, but will attempt to provide warnings by any suitable means.

  5. FLEXIROAM may interrupt or suspend the FLEXIROAM service at any time, on reasonable notice where possible, to facilitate any modification, maintenance or remedial work in respect of the network. FLEXIROAM will use all reasonable endeavours to keep such events to a minimum.

11. Terms On Cancellation

  1. Customers may terminate their paid Membership Subscription by turning the automatic Membership Renewal Feature located in the FLEXIROAM X App to “off”. User’s will receive a notification confirming their decision upon terminating their Membership. Membership will be terminated at the end of their annual cycle.

  2. All unused Data accumulated upon the end of their Membership cycle will be lost and not subjected to refunds.

  3. Since FLEXIROAM X is a subscription based service, in the event You have decided to discontinue using FLEXIROAM X prior to the expiration of your Membership Subscription, FLEXIROAM reserve the right not to refund monies paid by You or charged to your preferred payment method for FLEXIROAM X on any pro rata basis subject to Clause 14.

12. Terms And Termination

  1. FLEXIROAM may terminate this Agreement if:
    a. You are in breach of any of these Terms of Use or fail to comply with them; or
    b. You act or omit to act in such a way that the operation of the network or the quality of FLEXIROAM may in our reasonable opinion be jeopardized or impaired; or
    c. You use, or attach to, the network, equipment which is not approved for use with the FLEXIROAM and which does not comply with all relevant legislation or regulations in relation to their use; and/or
    d. FLEXIROAM reasonably suspects that a fraud is being perpetrated against us or a third party.
    e. any of the information You have provided to us is found to be false.

  2. FLEXIROAM shall be entitled to terminate the Services by giving You not less than seven (7) days notice, for reasons including but not limited to any breach of your obligations under this Agreement (which if capable of remedy are not remedied within seven (7) days of FLEXIROAM informing You of the breach); or FLEXIROAM being unable to provide the Services.

  3. If FLEXIROAM terminates this Agreement for reasons solely caused by us alone, it will be FLEXIROAM’s sole discretion to provide any compensation based on the discretion of the company, and subject to Clause 14.

  4. Upon termination, FLEXIROAM shall retire your account. FLEXIROAM reserves the right to refuse any request for information where FLEXIROAM is unable to verify that the request is not from the subscriber of the account.

13. Provision Of The Services

  1. You acknowledge that this Agreement is subject to different network service levels and agreements that currently exist between the mobile phone networks and that they are outside of the FLEXIROAM’s control. FLEXIROAM shall endeavour to provide the Services at all times and FLEXIROAM warrants to You that the Services will be provided using reasonable care and skill. Nevertheless, any warranties FLEXIROAM provides You shall not apply to any third party services that You may access through the Services.

  2. If the provision of the Services is prevented or delayed by any act or omission caused by You or any third party, FLEXIROAM shall not be liable for any costs, charges or losses sustained or incurred directly or indirectly from such prevention or delay.

  3. FLEXIROAM may, from time to time and without notice, change the Services in order to comply with any applicable safety, service improvement, regulatory or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for FLEXIROAM.

14. Limit Of Liability

  1. For the avoidance of doubt, FLEXIROAM has no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise beyond that of a duty to exercise reasonable skill and care in delivering FLEXIROAM’s Services.

  2. Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Hong Kong Consumer Protection Legislations, as well as any other implied warranties under any other consumer protection laws in the State and Territories of Hong Kong. Except for any liability that cannot by law be excluded, including Non-Excludable Guarantees, FLEXIROAM, excludes all liability whatsoever whether in contract, tort (including negligence or breach of statutory duty) or otherwise for the acts or omissions of other providers of telecommunications services or for faults in or failures of the Service.

  3. Further, except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, FLEXIROAM shall, in any event and under no circumstances, be liable in contract tort (including negligence and breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, revenue or anticipated savings or for any indirect or consequential loss, arising out of the Service or Website.

  4. You shall forthwith on demand indemnify us against all claims losses, liabilities, costs and damages that FLEXIROAM may incur that anyone other than You threatens or makes against us because of the way the Service is used or because the Service is faulty or cannot be used arising otherwise than by reason of default on the part of FLEXIROAM.

15. Force Majeure

FLEXIROAM shall not be liable for any breach of this Agreement caused by Act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom FLEXIROAM is not responsible which includes, but is not limited to, third party operators whom FLEXIROAM may use in order to provide our Service, or any other cause whether similar or dissimilar or outside our reasonable control. Upon the happening of a force majeure event, FLEXIROAM may elect to terminate this Agreement or the Service or any part thereof or suspend the performance of this Agreement in whole or in part for the duration of the delaying period.

16. User Personal Information Protection Notice

  1. You agree and accept that by registering and/or continuing to use FLEXIROAM, You authorize and consent to your Personal Information (“Personal Information”) being collected, processed by and where required, disclosed to classes of third parties as identified by us for the purposes of providing FLEXIROAM Services to you. For the avoidance of doubt, You also hereby also explicitly consent to us processing any sensitive personal information relevant for such purposes as stipulated in FLEXIROAM’s privacy statements (“Privacy Statement”). FLEXIROAM’s Privacy Statement can be viewed at www.flexiroam.com/privacy. The Privacy Statement also contains information about how You may access, update or correct Your Personal Information, how You may complain about a breach of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) or any other applicable law. Any disclosure of Your Personal Information to overseas entities will be dealt with in accordance with the Privacy Statement.

  2. You further agree and accept that it is a condition of us providing FLEXIROAM Services to You that;
    a. You provide FLEXIROAM with the accurate and complete Personal Information of one’s self for purposes of the acquiring and/or subscription of FLEXIROAM.
    b. You update FLEXIROAM as and when such Personal Information provided earlier to us becomes incorrect or out of date by contacting us via our Customer Service Centre or write in to Customer Support at support@flexiroam.com

  3. You accept that FLEXIROAM may be required to revise and/or modify the Privacy Statement and/or our privacy policy or notice from time to time. In the event of such revision and/or modification, FLEXIROAM will communicate such revision and/or modification at the Website. In this regard, You agree that by continuing to use FLEXIROAM after such notification, that You agree to be bound by, accepts and/or consents to such revision and/or modification.

17. Security Risks

You should note that FLEXIROAM’s X underlying technology, the adhesive SIM Microchip, is prone to vulnerabilities and security risks to third-party attacks and malicious contents due to the way the technology operates.

FLEXIROAM is well aware of these risks and has taken strict measures to ensure that the FLEXIROAM X Microchip has been designed to protect your Personal Information and your hardware from cyber threats. FLEXIROAM assures You that FLEXIROAM X has been analysed and certified as being free from any functionality designed to undermine the security of FLEXIROAM’s Users.

FLEXIROAM will not be held liable for any damages or inconveniences caused by malicious parties, exploitation or misuse of FLEXIROAM X to the fullest extent permitted by law. You will indemnify FLEXIROAM against all claims losses, liabilities, costs and damages that may incur because of the way the Service is used or because the Service is faulty or cannot be used arising otherwise than by reason of default on the part of FLEXIROAM.

However, in the event that You feel that You may be facing a cyber threat, please contact FLEXIROAM Customer Service Centre at the number listed on the Website immediately or contact us by email at support@flexiroam.com so that measures can be taken to safeguard your information and property.

18. Intellectual Property Ownership And Right Notices

  1. FLEXIROAM X is protected by copyright, trademark, and other related intellectual property laws of Hong Kong. Users acknowledge and agree that FLEXIROAM X and all associated intellectual property right, are the exclusive property of FLEXIROAM.

  2. All trademarks, service marks, logo, trade names, and other proprietary designations of FLEXIROAM used by third parties or in connection with FLEXIROAM X are for identification purposes.

19. Governing Law And Jurisdiction

This Agreement and the transactions contemplated by this Agreement are governed by the law in force in Hong Kong without reference to any principle of conflict of laws. Disputes arising out of or related to this Agreement shall be exclusively subject to the jurisdiction of the courts of Hong Kong.