TERMS OF SERVICE: Roamsim Technology FZCO 

OVERVIEW

This website is operated by Roamsim Technology FZCO. Throughout the site, the terms “we,” “us,” and “our” refer to Roamsim. Roamsim offers this website and/or the Roamsim App, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – DESCRIPTION OF SERVICES Roamsim resells prepaid eSIMs and data. The customer registers and buys its eSIMs on www.roamsim.com.au or the Roamsim App. Our payments are operated by Stripe (https://stripe.com) with an alias of your credit card (virtual Credit Card Imprint).You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONSWe reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The customer must accept the General Terms and Conditions to use Roamsim services. The client gives directly or by the intermediary of the service provider (hotel, travel agency, etc.) on the web browser under www.roamsim.com.au or the Roamsim App, the following information: first name, last name, address (billing address), email address. 

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION  We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.  This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICESPrices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  Roamsim shall use reasonable endeavors to provide customers with quality service. However, Roamsim does not guarantee that the service will not be interrupted, provided on time, or be safe or fault-free.

SECTION 6 – DEVICE COMPATIBILITY The onus lies with the customer to confirm whether their device is appropriate for eSIM utilization and has been unlocked for network usage. The adaptability of the device could depend on the specific carrier and the country it originates from. The customer is advised to refer to the available list of devices compatible with eSIM, which can be accessed during the checkout process. By checking the box that confirms the compatibility of their device with eSIM, the customer takes responsibility for the accuracy of the information provided. It should be noted that the list of eSIM-compatible devices is not exhaustive, which means that recently announced devices featuring eSIM capabilities might still need to be added.

SECTION 7 - OPTIONAL TOOLSWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKSCertain content, products, and Services available via our Service may include materials from third parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - PERSONAL INFORMATION  Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please visit www.roamsim.com.au/privacy.

SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.   

SECTION 11 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts;(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;(f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others;(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;(j) for any obscene or immoral purpose; or  (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Roamsim shall not be held accountable for any losses incurred as a result of potential interruptions in the availability of the intended service. Roamsim does not assure uninterrupted accessibility to the network service and does not provide a warranty to that effect.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Roamsim, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law in the Jurisdiction of Dubai.

SECTION 13 - INDEMNIFICATION  You agree to indemnify, defend, and hold harmless Roamsim and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.   

SECTION 14 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION   The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 16 - ENTIRE AGREEMENT  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 17 - GOVERNING LAW  These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Dubai. 

SECTION 18 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page.  We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 19 - DELIVERY The purchased eSIM will promptly appear within the "Manage Plans" section on the Roamsim website, accessible at www.roamsim.com.au, and/or on the Roamsim App. Following the purchase, a confirmation email will be sent to the customer. Comprehensive guidelines for eSIM installation shall be retrievable from the user's Roamsim account. 

SECTION 20 - REFUND/CANCELLATION POLICYRefund and eSIM Replacement: Customers are entitled to request a refund or replacement of an eSIM in the event it cannot be installed and used due to technical issues from Roamsim. This request for a refund can be made within thirty (30) days from the purchase date, provided that activation is no longer viable after substantial collaborative troubleshooting efforts. Swift cooperation with the customer to address the problem is essential for granting a refund.  Data Package Validity and Refunds: Each data package has a defined validity period. Upon the expiration of this validity period, any remaining data will not be eligible for a refund in any form.   Compensation:  Charges incurred from alternate phones, SIM cards, providers, hotel phones, or other sources not directly linked to the customer's Roamsim eSIM account will not warrant any form of refund or compensation.  Fraudulent Purchases:Roamsim retains the right to decline refunds if there is evidence of misuse, breach of our Terms and Conditions, or fraudulent activity associated with the utilization of Roamsim products and services.  Unauthorized Purchases:  Cases involving unauthorized purchases will undergo examination and require approval before any refund processing takes place. Roamsim holds the authority to suspend accounts related to fraudulent activities.  Accidental Purchases: Once the eSIM is installed, it is considered utilized. Consequently, no refunds will be provided for accidental purchases.  Disputing Incorrect Charges: Should a customer genuinely and in good faith contest an invoice or a portion of it, the customer should inform Roamsim about the dispute within twelve (12) days of receiving the invoice. The customer should provide details explaining why the invoiced amount is inaccurate and, if possible, indicate the correct amount.  eSIM Replacements with Roamsim Rewards: eSIMs obtained solely through Roamsim Rewards earned from vouchers are eligible for replacement within 30 days from the purchase date.  Other Refund Requests: If a refund request falls outside the aforementioned criteria, it will be evaluated on a case-by-case basis. If approved, a processing fee may be applicable. Customers are restricted to applying for a refund amount equal to or less than the total payment made.  Refund Process: To initiate a refund, kindly reach out to Roamsim’s support team through the "Contact Us" section or by sending a message to support@roamsim.com.au . It's important to note that our applicable refund policy, as stated above, will be followed.  Based on the nature of the matter, customers may be requested to provide additional information that supports their refund request. This may involve sharing screenshots of device settings for technical concerns or specifics regarding discrepancies in invoiced amounts. If feasible, customers are encouraged to indicate the amount they believe is owed.  Upon approval and issuance of the refund, please anticipate a potential processing time of up to thirty (30) business days for the refund to reflect on the bank statement.  All Roamsim Rewards Credits will be refunded directly to your Roamsim account. 

SECTION 21 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@roamsim.com.au