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GO-SIM Australia

Terms of Use

This service is supplied by gosim.com, directly or one of its distribution partners. Your use of gosim.com's services are subject to the following Terms of Use and any operating rules or policies that may be published from time to time by gosim.com on its website, www.gosim.com (the "Site"). Please read these Terms of Use carefully. By checking the 'I have read and accept the terms and conditions of the gosim.com Terms of Use' box during registration for an account or by using the Site or the Services (as defined below) you agree to be bound by these Terms of Use.

Changes to the Terms of Use

gosim.com may, in its sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on the Site. Your continued use of the Site or the Services after such changes are posted will constitute your agreement to such changes.

The Services

gosim.com offers a number of products and services on the Site and through partners, such as pay-as-you-go SIM cards (collectively, the "Services"). Registration and payment may be required to use the Services. Pre-payment using a credit card is also required for the use of certain Services. gosim.com 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. gosim.com will keep a record of all Services provided to you.

Equipment; SIM Card; Telephone Number

You are responsible for your own end material (such as handsets and other such devices that use SIM cards) and its proper configuration and installation, in compliance with any regulations and applicable instructions by gosim.com or the manufacturer. You are also responsible for all preparation required to install the Service, such as the insertion of SIM cards (interface cards) and setting adequate protocols. You agree to follow all instructions to properly insert the SIM card into your handset or device. You have no right to be assigned or keep a particular phone number. gosim.com has the right to cancel or change any phone number or other address element it may have assigned to you without compensation, if required for operational or technical reasons or as a result of government regulations or new partnerships. gosim.com does not provide mobile phone number or SIM card portability. Any and all rights attached to a phone number assigned by gosim.com to you remain vested in gosim.com. All SIM cards remain the property of gosim.com, which reserves the right to alter and develop its content as well as claim the return of any SIM cards.

GSM Network Coverage

gosim.com offers SIM card users a high degree of coverage via the GSM mobile network. Coverage depends on the network, technical and operational capabilities of the roaming partner. Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. Lists and maps of coverage areas are available on the Site. gosim.com will update this information when additional service becomes available. gosim.com will make every effort to provide a high level of availability for its mobile network. However, gosim.com is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities (calling, for example). gosim.com reserves the right to service its mobile network at any time, which may result in temporary disruptions. No representations or warranties are made with regard to availability, quality, operation or support for voice or data communication on its mobile network, on third-party networks or with third-party lines.

Modifications to the Site or the Services

gosim.com reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site or the Services including but not limited to products, services, content, features or hours of availability of the Site or the Services. gosim.com may impose limits on certain features of the Site or the Services, or restrict your access to all or part of the Site or the Services without notice or penalty.

Charges for the Services

You agree to pay all charges for requested Services in US Dollars. For Services that require pre-payment, you agree to pre-pay for the Service by debiting your credit card the applicable amount. The cost of the Service you use will be debited against the prepaid credit using the then-current prices for the Service. In the event your charges exceed your pre-paid credit, you agree to pay any amounts owed to gosim.com within seven (7) days from gosim.com's request or gosim.com may immediately suspend the Services. You agree to pay for all charges associated with your account, whether or not the use of your PIN was authorized by you. The charges will be deemed to be correct if they accurately reflect the technical records created by a correctly programmed system. You can request an extract of the Service records in writing (by mail, fax or email) from Customer Service within forty-five (45) days after the disputed charge. gosim.com reserves the right to change the prices for the Services at any time. The current applicable prices, which are quoted in US Dollars, may be found on the Site or by calling Customer Service.

Off Network Usage

Any deliberate off network usage of the Service (an attempt to circumvent the normal operation of the Service in order to avoid paying for the Service) is prohibited. Any off network usage that is recorded will incur a separate surcharge (on top of standard rates):

- $3 per text message

- $3 per minute to make calls and receive calls

Expiration and Service De-Activation

Expiration occurs when the credit balance in your account has been depleted and the ability to use the Service to make or receive calls has been deactivated.

Any credit balance in your account will expire if you have not made or received a charged call or charged text message using your account or recharged your account for a period of six (6) months. The initial included credit balance expires two (2) months after initial use if you have not added additional credit to the account at the time of purchase or after purchase.

The full credit balance (including any remaining initial call credit) will be automatically reinstated if you recharge your account with GBP20 or USD$30 or AUD$30 or more within twelve (12) months of last use via Customer Service, or purchase a new SIM card from Customer Service after twelve (12) months.

Your US number remains active and will receive calls and text messages for up to two months after the last use of the service. If you use the service after this two month period you will automatically receive a new US number (it will be sent to you via text message). You can also pay a monthly fee to extend the life of your US number. Simply visit www.rechargeminutes.com, click on the 'Get US number' menu option, enter your number and PIN, and click on the 'Keep Number' button (in the Account status section).

Your Global (44) number is retained indefinitely as long as you recharge minutes at least once every 12 months.

Used, Stolen, Lost or Damaged SIM Cards

gosim.com does not offer refunds for used, stolen, lost or damaged SIM cards. However, any remaining calling credit can be transferred if a new SIM card is purchased from gosim.com. Please contact Customer Service to arrange your calling credit transfer.

Repair Policy

All defective SIM cards sold by gosim.com must be reported by calling Customer Service within ninety (90) days of purchase. Customer Service will then determine if further analysis needs to be performed on the SIM card and will advise you if it is necessary to return the SIM card in order to be analyzed. The SIM card must be returned to the designated gosim.com location at your expense. You must return your SIM card in 'like new' condition. If the SIM card cannot be repaired within thirty (30) days from the date the manufacturer receives it from gosim.com, you may receive a replacement. You authorize gosim.com to load data and software onto your SIM card as required.

Account and PIN

You agree that all account information provided by you is accurate, current and complete, and you will promptly notify gosim.com of any changes. You are solely responsible for protecting the confidentiality of your PIN and may not disclose your PIN to any other person. You are also solely responsible for all acts and omissions that occur in connection with your account or PIN, whether or not authorized by you. You agree to notify gosim.com immediately if your PIN is stolen or otherwise passes out of your control so that access to the PIN can be terminated. Until you notify gosim.com, you are responsible for all charges associated with your PIN.

User Conduct

The Site and Services are provided to individuals only. You are solely responsible for the content of any materials you submit through the Site or the Services or that are submitted using your account. Please choose carefully what you submit. You agree to comply with the Terms of Use and all applicable local, state, federal and international laws, regulations, ordinances, rules, orders, treaties and other requirements when using the Site and the Services. You warrant and agree that while using the Site and the Services, you will not:

    • interfere with or disrupt networks connected to the Site or the Services or violate the regulations, policies or procedures of such networks;
    • gain or attempt to gain unauthorized access to the Site or the Services, other accounts, computer systems or networks connected to the Site or the Services, through password mining or by any other means;
    • interfere with another member's use and enjoyment of the Site or the Services or another entity's use and enjoyment of similar services; or
    • engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.

Responsibility for Use of SIM cards

You are solely responsible for the content of information and communications transmitted using the Site and the Services. You are responsible for all use of your SIM card, including use by third parties. In particular, you are responsible for the payment of all charges arising in connection with use of your SIM card, the Site or the Services. PIN/PIN2 and PUK/PUK2 codes and any other security codes that may be assigned should be stored carefully and separately from the SIM card, and should not be disclosed to anyone. You must comply with all reasonable security procedures and standards with respect to the Service, including activating and periodically changing your PIN code. gosim.com may communicate security issues to you when abuse or misuse is observed or reported by others.

Intellectual Property

You acknowledge and agree that all content and materials available on the Site and via the Services, including but not limited to the gosim.com name and logos, text and software, are protected by intellectual property and other laws. All patents, trademarks, tradedress, copyrights, trade secrets or any other form of intellectual property (the "Intellectual Property") that gosim.com uses in connection with provision of the Site and the Services are gosim.com's exclusive property and you disclaim all rights in the same. Except as expressly authorized by gosim.com, any use, copy, reproduction, display, performance, modification or transmission of the Intellectual Property is strictly prohibited.

Privacy

gosim.com respects your privacy. For an explanation of our practices with regards to information collected or submitted to the Site or for the Services, please see our Privacy Policy online

DISCLAIMER OF WARRANTIES

THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN 'AS IS', 'AS AVAILABLE' BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW . GOSIM.COM DOES NOT WARRANT THAT THE SITE AND THE SERVICES, OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) SHALL GOSIM.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF GOSIM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GOSIM.COM TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER BASED IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES EXCEED ONE HUNDRED DOLLARS (US$100) IN THE AGGREGATE.

Indemnification

You agree to defend, indemnify and hold harmless gosim.com and its officers, directors, employees, agents, licensees, successors and assigns from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered by them in connection with any claim arising out of or related to: (a) your use of the Site or the Services; (b) your breach or violation of any of these Terms of Use; (c) your dispute with another user; or (d) the unauthorized access to any password-protected area of the Site or the Services using your password. gosim.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of gosim.com.

Termination

This agreement constitutes a binding agreement between you and gosim.com until terminated by you or gosim.com, which gosim.com may do at any time, without notice, in its sole discretion. Without limiting the foregoing, reasons for termination may include gosim.com's belief that: (a) you have breached the Terms of Use; (b) you are or may become insolvent or bankrupt; (c) an unauthorized person is or may be using your account; (d) you do not have any prepaid credit; (e) your use may be damaging or degrading the integrity of a third party network used by gosim.com; (f) it is required to comply with a government request or order; (g) it is required to perform exceptional facilities' upgrades or maintenance; or (h) it is required to protect gosim.com, the Site or the Services. If you become dissatisfied with the Site or the Services, your only recourse is to immediately discontinue use of the Site or the Services. ALL OUTSTANDING CHARGES WILL BECOME IMMEDIATELY DUE AND PAYABLE TO GOSIM.COM UPON NOTICE OF TERMINATION AND IN NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO ANY REFUND OF PAYMENTS MADE.

Choice of Law; Forum

This agreement shall be governed by and in accordance with the laws of the State of California, without regard to conflicts of law provisions. Any controversy involving gosim.com arising from or in any way related to the Terms of Use or your use of the Site or the Services shall be heard in the appropriate State or Federal court in the City and County of Los Angeles, California and you irrevocably consent to the jurisdiction of such courts.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to gosim.com at info@gosim.com or to you at the email address you provide to gosim.com. Notice shall be deemed given twenty four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.

General Provisions

If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or gosim.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. A waiver is only effective in the specific instance and for the specific purpose for which it was given. You agree that any cause of action arising out of or related to the Site, the Services or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You cannot assign your rights under the Terms of Use without gosim.com's prior written approval. Except as expressly stated otherwise, the rights and remedies under these Terms of Use do not exclude any other right or remedy provided by law or in equity. The Terms of Use and all registration forms comprise the entire agreement between you and gosim.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. To the extent that the terms and conditions of the Terms of Use conflict with any operating rules or policies published by gosim.com, the terms and conditions of the Terms of Use shall control. The Terms of Use have been executed in the English language, which language will be controlling. No translation, if any, of the Terms of Use into any other language will have any effect on the interpretation of the Terms of Use or in determining the intent of the parties. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Use.

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