TERMS OF SERVICE
Please read the following agreement (the "Terms") carefully. These Terms explain the policies and rules related to use of our site (the "Site"). By accessing, using or downloading materials from the site or by completing the registration process and clicking "Sign Up,” or by installing and activating a sim card you are stating that you agree with UGS Pty Ltd ("us", "we", "our" or "UGS") to the following Terms. "You" or “the Customer” refers to you, the user, together with any company or other business entity you are representing. We reserve the right to add to, delete or change these terms because of frequent changes in internet technology and applicable law. As such, you should check these Terms and Conditions from time to time for such changes. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms, do not use this website or the sim card (SIM).
EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER
The information provided on this website (Site) and related communications are provided on an "as is" basis. Subject to the ‘Australian Consumer Law’ section below, United Global SIM assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy of the information on this Site. These Terms and Conditions are effective until terminated by United Global SIM.
You use this Site and the Sim at your sole risk. You agree that you will be personally responsible for your use of this Site and the Sim and for all of your communication and activity on this Site and the Sim. We reserve the right to deny you access to this Site and the Sim, or any part of this Site and the Sim, at any time without notice. If we determine, in our sole discretion, that you have engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site and the Sim on a temporary or permanent basis and any decision to do so is final. Any restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms and Conditions will remain binding on you.
You may terminate your account at any point. UGS may also terminate, suspend or cancel your account or service at any time. You understand and agree that the cancellation of your account or service is also your only right and remedy with respect to any dispute with UGS. You also agree that UGS may close your account or service and prevent you from using our site for violating any of these Terms, or for any other reason, at any time, at UGS's sole discretion, without prior notice to you.
Contacting customer support
You may contact our customer support team through online chat, calling, via email or any other communication means. You understand and agree that any advice provided from our customer support team is general advice and may not apply to you. In particular, you agree that any rates, coverage, charges, device compatibility and usage estimates given to you by any customer support agent should only be taken as general advice and as a guide. You understand that these may be different or can change at any time without notice to you.
Communication from us
At the time of requesting our products and services, we will ask you to specify if we can email or text product alerts and special offers to you that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at any time that you do not wish to receive emails or text messages we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe if they are received in Australia. Please note that it may take up to 48 hours for our mailing list to be updated and we apologise if you receive any further emails from us after unsubscribing.
Purchases, Charges and Billing
Certain features offered through our websites may be conditioned on entering into a financial transaction with us or our affiliates. We reserve the right to refuse any order you place with us or cancel your order for any reason. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment. You also authorize us to collect and store it, along with other information related to your transaction. You authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorized, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by us to deliver the products purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your access to the website, thereby terminating all of our obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $20 AUD, per instance, which charge you hereby authorize by entering into any transaction through the Website. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any bank, credit or payment card company shall be invalid unless you notify us within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and that you have made reasonable, good faith efforts to resolve such dispute with us directly, and such efforts have failed
If you are required to pay a fee for all or any part of the service for which you have chosen to register, you hereby authorize UGS to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service and your Account. The initial charge is non-refundable. You acknowledge that it is your responsibility to notify UGS of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in your selected currency.
All charges will show on your credit card statement as United Global SIM.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency Rates are those as against AUD and
Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but United does not warrant or guarantee such accuracy.
TRADE MARKS AND COPYRIGHT
This Site contains both registered trademarks and trademarks which may be the subject of pending applications or which otherwise are protected at law. Unless otherwise indicated, the trademarks are owned by United Global SIM and may have protection under the laws of other countries. You are not permitted to use United Global SIM’s trademarks without United Global SIM's prior written consent.
The material on this Site is the copyright of United Global SIM and is protected by copyright under the laws of Australia and other countries. You may (a) save an electronic copy, or print out a copy, of any part of this site for your own information and research; or (b) reproduce and communicate to the public any part of this site in connection with non-commercial use of social media websites, provided that in each case you do not modify the reproduction and you include the copyright. You must not otherwise reproduce, publish, perform in public, communicate to the public or make an adaptation of the Content, except as expressly permitted by statute or with United Global SIM's prior written consent.
Third Party Content
For your convenience, products, services, content and information from third party providers and/or links to their Web sites ("Third Party Content") may be provided by us. Such Third Party Content is not under the control of UGS and UGS is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
UGS is not and will not be responsible for
the terms and conditions of any transaction between you and any third party,
any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or
the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release UGS (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
This Site may contain hyperlinks to websites operated by parties other than UGS. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
LIMITATION OF LIABILITY
Subject to the ‘Australian Consumer Law’ section below, United Global SIM disclaims liability for all warranties or representations express or implied, in relation to products or services, or both, referred to in this Site and the Sim, or offered for sale on this Site by any Third Party. In particular, subject to the ‘Australian Consumer Law’ section below, United Global SIM shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for the loss of profits, goodwill, use, data or other intangible losses (even if United Global SIM has been advised of such damages or the likelihood of such damages), resulting from use of the Site, content or related services.
Product information in relation to products referred to in this Site and the Sim has been provided by the respective manufacturers or suppliers of the relevant products. Product information and illustrations is published with the permission of the relevant manufacturer and/or owner of that product.
AUSTRALIAN CONSUMER LAW
If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by United Global SIM in connection with these Terms and Conditions and United Global SIM’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then the ‘Exclusion of Liability and Overall Disclaimer’ and ‘Limitation of Liability’ sections above do not apply to that liability and instead United Global SIM’s liability for such failure is limited to (at the election of United Global SIM), in the case of a supply of goods, United Global SIM replacing the goods or supplying equivalent goods or repairing the goods, or in the case of a supply of services, United Global SIM supplying the services again or paying the cost of having the services supplied again.
Except as contemplated by the ‘Australian Consumer Law’ section of these Terms and Conditions, nothing in these Terms and Conditions is intended to limit your rights under the Competition and Consumer Act 2010 (Cth) or any other rights you may have and which by law cannot be excluded.
Indemnification by Customer
You will defend, indemnify and hold UGS harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against UGS that arises directly or indirectly from you or your end-users,, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that UGS promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defence and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by UGS failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
This Site (excluding any Third Party Sites) and the Sim is controlled by United Global SIM. By accessing this site, you accept that any disputes about this site or the Content are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (subject to the application of any principle of conflict of laws inconsistent with this requirement).
This Site may be accessed throughout Australia and overseas. United Global SIM makes no representation that the content of this Site and the Sim complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Site and the Sim from outside Australia, you do so at your own risk and are solely responsible for ensuring compliance with all laws in the place where you are located.
United Global SIM does not guarantee that your use of this Site and the Sim will be confidential. United Global SIM is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Site and the Sim. Any information that you disclose on this Site by use of the Sim:
- may be used by United Global SIM, its agents and contractors in relation to the provision of Services accessible on this Site and the Sim, including the marketing of those services; and
- may not be secure during its transmission over the internet.
Third parties may be able to intercept transmissions which make when using this Site and the Sim.
Some services which you may access on this Site and the Sim allow you to receive content personal to you. If you use such a service, information permitting us to identify your handset call number will be transmitted over the internet. This will occur even if you have disabled the "Caller Number Display" on your handset.
UGS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that UGS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Correction of Errors and Inaccuracies
Whilst we make every effort to present accurate information on this website, there may be typographical errors or inaccuracies, and some information may not be complete or current. We therefore reserve the right to change or update information, including product and service descriptions, pricing and availability, at any time without prior notice (including after you have requested any of our products or services).
We apologize for any inconvenience this may cause, and please feel very welcome to contact Customer Services if there is ever an issue you would like to discuss.
Proprietary Rights to Content
You agree that Content presented through our site by UGS, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by UGS or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through UGS's site and the Sim, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by UGS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site and the Sim unless you have the permission of all parties to the conversation to do so.
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.
United Global SIM is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures.
You must promptly report to United Global SIM any unauthorised use of your password.
You acknowledge that your dealings with United Global SIM will always be over the Internet. Although United Global SIM will endeavour to maintain the security of information, it cannot guarantee that information you receive or supply in your use of the service or your dealings with United Global SIM will be secure at all times.
You may be able to make purchases of products and services from third parties via the Site or United Global SIM. Where these products or services are provided by United Global SIM's service providers (Providers), you acknowledge that you are purchasing those goods and services under the terms and conditions set by those Providers. In particular, United Global SIM accepts no responsibility for the security or protection of any credit card details you may provide to a Provider when purchasing their products and services, and is not liable to you for any loss or damage you may suffer due to unauthorised use of your credit card details.
If you are under the age of 18 years, you should obtain the consent of a parent or legal guardian prior to purchasing any products or services from or via this Site. Information about supervising and controlling children's access to Internet content as well as general information about the Internet industry regulatory regime can be found at http://www.iia.net.au/index.php/initiatives/guide-for-users.html
You agree that you will not use any United Global SIM product or any service provided through or via this Site or by a Provider in a manner that is illegal, fraudulent or anti-social, as deemed by United Global SIM. You agree that you will not use United Global SIM’s products or services to send messages that are abusive, discriminatory, defamatory, obscene, pornographic or generally in "bad taste".
You hereby indemnify and hold United Global SIM, its officers, agents, content providers, other partners and employees, harmless from any claim or demand made by any third party due to or arising out of your use of this Site, your breach of these terms and conditions or your violation of any rights of a Provider.
United Global SIM, its officers, agents, content providers, other partners and employees, will not be liable to you or any party for any direct, indirect, consequential, incidental, special loss or other cost arising out of or in connection with these terms and conditions or any products or services supplied to you via this Site or by a Provider.
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
Limitation of Liability
In no event shall ugs and/or its suppliers be liable for any indirect, punitive, special, incidental or consequential damages whatsoever, including, but not limited to, damages for loss of use, data or profits (however arising, including negligence) even if ugs or any of its suppliers has been advised of the possibility of damages, arising out of or in connection with
- The use or inability to use the service,
- The provision of or failure to provide services,
- For any information, software, products, services and related graphics obtained through the service or otherwise arising out of the use of the service,
- Statements or conduct of any third party on the service, or
- Any other matter relating to the service.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. In no event shall UGS' aggregate liability to you and/or any third party arising from or relating to this agreement exceed the amount you actually pay to UGS under this agreement during the twelve (12) months preceding the date the claim arose or $500.00, whichever is less. Without limiting the foregoing, neither UGS nor its suppliers is responsible for any of your data residing on the Service or UGS suppliers' hardware. You are responsible for backing-up your data and information that may reside on the Service or UGS' suppliers' hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
These Terms are governed by the laws of the New South Wales, Australia. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in the Commonwealth of Australia and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers.