Terms and Conditions

TERMS AND CONDITIONS OF SALE OF TRAVELSIM

PRODUCTS AND SUBSCRIPTION TO TRAVELSIM SERVICES

Your purchase and/or use of TravelSIM Products and/or your use of the TravelSIM Website and/ or your use of TravelSIM Services shall constitute your binding acceptance of these Terms and Conditions and the privacy policy.

Interpretation

1. In these terms and conditions:-

a. TravelSIM means TravelSIM New Zealand Ltd ; 3313994

b. TravelSIM Website means www.travelsim.co.nz;

c. TravelSIM Products means all Products purchased by you through the TravelSIM Website or supplied by TravelSIM to third parties from whom you may have purchased TravelSIM Products including, but not limited to, TravelSIM mobile phone cards;

d. TravelSIM Services means all Services provided through the TravelSIM Website or other Services provided to you by TravelSIM in conjunction with the TravelSIM Products including, but not limited to, the provision of mobile phone airtime;

e. You means all purchasers of TravelSIM Products, users of the TravelSIM Website and subscribers to TravelSIM Services;

f. Privacy Policy means the Privacy Policy annexed hereto.

g. Nothing in these Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any Condition, Warranty, Guarantee, Right or Remedy implied by law (including the New Zealand Consumer Guarantees Act 1993) and which by law cannot be excluded, restricted or modified.

2. General

a. These Terms and Conditions (which shall only be varied in writing by TravelSIM) shall prevail over all conditions of your request and/or order for TravelSIM Products and TravelSIM Services, to the extent of any inconsistency.

b. TravelSIM reserves the right to vary these Terms and Conditions from time to time at its discretion.

3. Subscription to TravelSIM Website and Purchase of TravelSIM Products Online.

a. TravelSIM subscription and purchase of TravelSIM Products online is available to anyone 18 years of age or older who truthfully and accurately provides all required information (including

a legitimate email address) and obtains a unique TravelSIM User Name and Password.

4. Variation in Prices

a. TravelSIM reserves the right to make changes to the published prices of TravelSIM Products and Services and Third Party Products and Services at their discretion at any time.

b. In the event that an order has been placed by you for a product which has not been delivered prior to any variation in such published prices, you will be notified of the changed price and given the opportunity to cancel the order and receive a refund of moneys paid for that Product.

c. Once a Product has been delivered and/or credits have been applied to a TravelSIM mobile phone card, any subsequent variation in prices of Products and Services does not entitle you to any form of refund of moneys paid for the Product or credited to the TravelSIM mobile phone card.

d. Unless otherwise stated, all published prices shall be inclusive of Goods & Services Tax and other Sales Taxes that may be relevant.

5. Limits on Liability of TravelSIM

a. TravelSIM does not guarantee the accuracy of pricing and other content posted on or transmitted through the TravelSIM Website;

b. Under no circumstances will TravelSIM be liable for any loss, harm, error or omission that may result from use of the TravelSIM Website, the TravelSIM Services available on the TravelSIM Website and/or use of the TravelSIM Products or for any service failure or interruption, regardless of the cause;

c. Neither TravelSIM nor any of its officers, directors, employees or affiliates are liable for any direct, indirect, special, consequential, punitive, extemporary or incidental damages of any kind whatsoever (including, but not limited to, lost profits or legal fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the TravelSIM Website, or from your reliance on any information provided at the TravelSIM Website, even if TravelSIM has been advised of the possibility of such damages.

d. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort.

e. In the event that the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability will not exceed any sums paid by you pursuant to this Agreement.

6. Reservation of TravelSIM`s rights

TravelSIM maintains the right to take any of the following actions at any time with or without prior notice:-

a. Restrict, suspend, or terminate your access to all or any part of the TravelSIM Services;

b. Change, suspend, or discontinue all or any part of the TravelSIM Services;

c. Establish general practises, fees and policies concerning the TravelSIM Services that are provided;

7. Third Party Sites, Products and Services

a. The TravelSIM Website provides access and contains links to third party internet sites and services that TravelSIM believes may be of interest or benefit to you.

b. Your use of those sites and services is subject to the terms and conditions set out by such site or service and TravelSIM shall not be held liable for any loss or damage, of any nature, which you may suffer as a consequence of purchase of Product and/or use of Services through those third party sites.

8. Sale of TravelSIM Products

a. You waive any claim for shortage of goods delivered, defects with those goods and any other loss which may arise out of a discrepancy between your order and the goods delivered, if your claim in relation to such short delivery, defect or discrepancy is not lodged with TravelSIM within seven (7) days from the date of receipt of the TravelSIM Products by you.

b. Upon lodgement of such notification, you must follow all directions which are given to you by TravelSIM in relation to return of the TravelSIM Products.

c. Any refund made by TravelSIM to you will be exclusive of postage or delivery charges. No refund is available in relation to SIM cards which have been removed from their casing.

d. Any credit that has been applied to a TravelSIM SIM card, either at the time of purchase or any time after purchase, cannot be refunded.

9. TravelSIM Service

a. TravelSIM shall not be liable for any loss or damages which you may suffer as a consequence of the unavailability of network coverage for the TravelSIM Products in any location. The failure of network coverage for TravelSIM Products shall not give rise to an entitlement for any refund of the purchase price. Activation of all TravelSIM Products is your responsibility if user activation is required.

b. You acknowledge the following:-

i. The sending of text messages may not be available on your service if your account balance falls below five (5) US Dollars;

ii. If you fail to use your Service for a period of 180 days, it will expire and the Service will be terminated. At the time of Service termination, any credit remaining in the prepaid service account will expire;

iii. It is your sole responsibility to ensure that you have a compatible handset before purchasing TravelSIM Product and that your handset is both unlocked and network compatible for the countries in which you wish to use TravelSIM Products.

10. Jurisdiction

a. You agree that this Agreement shall be governed by the Laws of New Zealand, and you agree to submit to the exclusive jurisdiction of the Courts of New Zealand in relation to any legal action or proceeding arising out of the terms of this Agreement.

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