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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.

    "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 Promotional Data that we credit to the User’s Account when the User either purchases additional data using our preferred payment methods or earns Promotional 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 Members access to FLEXIROAM’s voice and/or data networks while travelling overseas.

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

    "FLEXIROAM X-Microchip" means the adhesive SIM Microchip owned and issued by us to Members on a limited license basis that enables 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.

    "Member" means a FLEXIROAM X User with a Flexiroam X-Microchip.

    "Non-member" means an individual who has downloaded the X App but does not have a Flexiroam X-Microchip.

    "Data Plans" means the various data plans that can be purchased via FLEXIROAM X App or through other authorised sales channels.

    "Promotional Data" means the data that has been given via marketing campaigns by FLEXIROAM and / or marketing partners.

    "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 app users 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 users.

    "Services" means the data roaming products and services promoted on the Website and through partners (collectively, the "Services"). Purchased Data Plans is required to use the 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 and www.flexiroam.com.

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

  2. Agreements
    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:

      1. 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.
      2. 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.
      3. 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
  4. Changes To The Terms Of Use
    1. FLEXIROAM can, from time to time, change the Terms of Use of this Service by publishing details of such changes on the Website and/or X app. FLEXIROAM will publish details of any changes (including the operative date) on our Website and/or X app 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
    1. As FLEXIROAM X is a subscription based service that requires pre-payment for Data Plan purchases, You agree to pre-pay for the Service by debiting your preferred payment method the applicable amount. The Data will remain valid only within the Data Plan period. Any unused Data will be carried forward when the Data Plan is renewed before the expiration date.

    2. In the event that Data usage has depleted your current balance, Members must purchase or obtain Data through the FLEXIROAM X app.. 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 and / or X App.

    3. Calling phones with Data:
      1. 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 and / or X App.

      2. 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 and / or X App. 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 charged by Flexiroam for the call according to Flexiroam's prevailing call rates.

      3. The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The duration of each call shall be limited to 10 minutes per session. Members may make as many call sessions as they wish subject to available Data in their Account.

      4. Add Caller ID feature requires phone call verification, and the Caller ID is not guaranteed to be displayed properly when calling out as its depends on different routings.

  6. Equipment; Flexiroam X
    1. 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.

    2. The Member also agrees to take responsibility to ensure their device is unlocked and is compatible with the FLEXIROAM X Microchip and App.

    3. The FLEXIROAM X Microchip shall remain the property of FLEXIROAM at all times and ownership thereof shall not at any time pass to the Member. 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.

    4. We shall not be liable for any damages or losses caused to your own end materials and / or devices during installation of the Flexiroam X Microchip and / or when used with FLEXIROAM X.

  7. Microchip Replacement
    1. In the event that the FLEXIROAM X Microchip has been damaged during installation or is found to be faulty following installation to the Member’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 email support@flexiroam.com to request for replacement.

  8. Promotional Data Campaign
    1. FLEXIROAM may conduct Promotional Data Campaigns where Members may obtain or earn Promotional Data. The Terms and Conditions of the said campaigns shall be published in any media including and not limited to our websites, official Flexiroam social media channels, email, X app, Advertising and Commercials as determined by FLEXIROAM.

  9. Termination of Account and Deduction of Promotional Data
  10. Responsibility For The Use Of Flexiroam X
    1. 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.

  11. 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:

      1. not use the services for any improper or unlawful purpose or allow others to do so;

      2. comply with all relevant legislation or regulations relating to the use of FLEXIROAM and the use of the other GSM & HSDPA network services;

      3. comply with any reasonable instructions issued by us from time to time;

      4. comply with any reasonable request, in particular, in relation to the investigation of fraud or other offences; and

      5. 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 suspension or termination of Your Account, without any refund and/or the deduction of Data that in the opinion of FLEXIROAM have been obtained illegally, fraudulently or in violation of the applicable Promotional Dataterms or these Terms of Use. FLEXIROAM is not required to provide any notice of such a withdrawal or such deductions, 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.

  12. Terms On Cancellation & Expiration
    1. Members may choose not to renew their last Purchased Plans by turning the automatic Plan Renewal Feature located in the FLEXIROAM X App to “off”. Members will receive a prior notification if their plans have not been set to renew or renewed by the member before the expiration.

    2. All unused Data upon the end of their Purchased Plan validity will be lost and not subjected to refunds if no new plans has been purchased or renewed.

    3. In the event a Member decides to discontinue using FLEXIROAM X prior to the expiration of their Purchased Plan duration, there shall be no refund of monies paid by the Member.

  13. Terms And Termination
    1. FLEXIROAM may terminate this Agreement if:

      1. You are in breach of any of these Terms of Use or fail to comply with them; or

      2. 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

      3. 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

      4. FLEXIROAM reasonably suspects that a fraud is being perpetrated against us or a third party.

      5. any of the information You have provided to us is found to be false.

    2. FLEXIROAM shall be entitled to terminate the said Services with immediate effect. However, You shall be given a seven (7) days period to contact FLEXIROAM to verify and/or appeal to FLEXIROAM for the reinstatement of the said Services. Such reinstatement shall be considered on a case by case basis at the sole discretion of FLEXIROAM.

    3. 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.

  14. 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.

  15. 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.

    5. Save and except as the regulations or the law may allow, FLEXIROAM’s liability will be limited at our option to:

      1. In the case of a supply of the FLEXIROAM X Microchip, the replacement of the equivalent FLEXIROAM X Microchip;

      2. In the case of FLEXIROAM Services, the supply of the FLEXIROAM Services again;

      3. The refund of the cost of You purchasing the FLEXIROAM X Microchip and the FLEXIROAM Services; and/or

      4. In any event, the maximum amount claimed for whatsoever reasons other than those mentioned (including and not limited to the damages on any devices) by You shall be limited to the cost of purchasing the FLEXIROAM X Microchip and the FLEXIROAM Services.

    6. Force Majeure
      1. 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:

      1. You provide FLEXIROAM with the accurate and complete Personal Information of one’s self for purposes of the acquiring and/or subscription of FLEXIROAM.
      2. 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 through reasonable means. 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
    1. FLEXIROAM is well aware of vulnerabilities and security risks from third-party attacks 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.

    2. 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.

    3. 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
    1. 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.

  20. FAIR USAGE POLICY (“FUP”)
    1. All offers related to Software, Products, Service and/or FLEXIROAM Website are subject to our Fair Usage Policy. The usage of the Software, Products, Services 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.

    2. Software, Products, Services 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, Services and/or FLEXIROAM Website for telemarketing or call centre purposes.

      2. sharing Product between users

      3. 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

      4. 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).

    3. 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, Services and/or FLEXIROAM Website.

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, SERVICES AND/OR FLEXIROAM WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Flexiroam THE RIGHTS SET FORTH HEREIN.