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Terms and Conditions
Terms and Conditions

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. TravelSIM, its subsidiaries and affiliates requires that all visitors to our site(s) on the World Wide Web (the “Site”) adhere to the following rules and regulations. By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.

Jurisdiction
You agree that thisagreement is subject to all applicable International, European Union and Slovenian laws and regulations regarding use of http\\:www.simtravel.it, http\\:www.travel-sim.net, http\\:www.abroadphone.com, http\\:www.reisensim.de, http\\:www.travelsim.si and http\\:www.travelsim.hr.


In these terms and conditions:

1. TravelSIM means mCost d.o.o. Slovenia, Ljubljana and/or Expo centar d.o.o. Croatia, Zagreb,
2. TravelSIM Website means http\\:www.simtravel.it, http\\:www.travel-sim.net, http\\:www.abroadphone.com, http\\:www.reisensim.de, http\\:www.travelsim.si and http\\:www.travelsim.hr.
3. 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;
4. 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;
5. You means all purchasers of TravelSIM Products, users of the TravelSIM Website and subscribers to TravelSIM Services;
6. Privacy Policy means the Privacy Policy annexed hereto.
7. 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 and which by law cannot be excluded, restricted or modified.


General

1. 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.
2. 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.
4. 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.


Variation in Prices

1. 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.
2. 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.
3. 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.
4. Unless otherwise stated, all published prices shall be inclusive of Goods & Services Tax and other Sales Taxes that may be relevant.


Limits on Liability of TravelSIM

1. TravelSIM does not guarantee the accuracy of pricing and other content posted on or transmitted through the TravelSIM Website;
2. 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;
3. 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.
4. 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.
5. 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.


Reservation of TravelSIM`s rights

1. TravelSIM maintains the right to take any of the following actions at any time with or without prior notice:-
2. Restrict, suspend, or terminate your access to all or any part of the TravelSIM Services;
3. Change, suspend, or discontinue all or any part of the TravelSIM Services;
4. Establish general practises, fees and policies concerning the TravelSIM Services that are provided;


Third Party Sites, Products and Services

1. 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.
2. 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.


Sale of TravelSIM Products

1. 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.
2. 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.
3. 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.
4. 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.


TravelSIM Service

1. 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.
2. You acknowledge the following:
- The sending of text messages may not be available on your service if your account balance falls below five (5) EUR;
- 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;
- It is your sole responsibility to ensure that you have a compatible handset before purchasing any TravelSIM Product and that your handset is both unlocked and network compatible for the countries in which you wish to use TravelSIM Products.

Copyright/Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of TravelSIM and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of TravelSIM or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

No Warranties

All content, products, and services on the site, or obtained from a web site to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. TravelSIM does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site or a linked site by any party other than TravelSIM, or (b) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will TravelSIM be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

Limitation of Liability For Use of the Site and Linked Sites

The information, software, products and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors, and TravelSIM specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the site and linked sites. TravelSIM may make improvements or changes to the site at any time. You agree that TravelSIM, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, consequential, incidental or special damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if TravelSIM is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. TravelSIM cannot and does not guarantee continuous, uninterrupted or secure access to the web site.

Limitation of Liability for Services Arranged Through the Site

You agree that TravelSIM is a mere agent for the providers of services available through the site, including but not limited to travel services. Any and all claims regarding any failure or breach with respect to the services offered through the site are limited to claims against any and all service providers. TravelSIM hereby disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, indirect, punitive, consequential, incidental or special damages, in connection with the goods or services provided by any carrier or other supplier through the site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such carrier or supplier and you hereby exonerate TravelSIM from any liability with respect to the same.

Confidentiality of User Communications

Except as required by law and in accordance with the TravelSIM Internet Privacy Statement, TravelSIM will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to TravelSIM. Postings by a user on any message board or in any chat room will not be protected as confidential and TravelSIM may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent Inc., subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by TravelSIM. User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. TravelSIM is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

TravelSIM will only use you contact information to inform you about news regarding TravelSIM. Your contact information will never be given or sold to nobody.

Linked Internet Sites

TravelSIM prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. TravelSIM reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. TravelSIM is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Postings

TravelSIM is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, TravelSIM may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of TravelSIM purporting to speak on behalf of TravelSIM or containing confidential information or expressing opinions concerning TravelSIM.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.


Transmission of Personal Data

User acknowledges and agrees that by providing TravelSIM with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with TravelSIM standard business practices. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. TravelSIM is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Changes to Rules and Regulations

TravelSIM reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations.

Violations of Rules and Regulations

TravelSIM reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Use of “Cookie” File Features

TravelSIM reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect users’ preferences. The TravelSIM Internet Privacy Statement provides additional information regarding TravelSIM use of cookies as well as procedures for disabling cookies.

Shipping and returns policy

All items are shipped within 48hrs (excluding weekends and public holidays) for orders placed by 1pm EST. If your item is out of stock we will contact you with an estimated delivery date. All items are sent fully insured and require a signature upon delivery. Once the goods are dispatched you will be notified via email with your tracking information.

If your item is faulty then please email us to obtain a Returns Authorization Number prior to returning it using one of our contact email addresses.

If the fault is a result of production we will be happy to have the item returned. You must enclose with the item a letter stating the fault. All refunds will be made directly to the payee. We do not refund postage charges in this case.
Faulty goods are covered for up to 14 days from the date of dispatch. If a manufacturer warranty is applicable to the product, you then must deal with the manufacturer directly outside of this period.

If your item arrives damaged, you are required to email us immediately with details of the damage. In most cases, you must retain the envelope and any packaging in order for a claim to be made to the courier for damaging your item in transit. Without all packaging material, you will not be entitled to a damaged goods exchange.

TravelSIM can take no responsibility for loss or damage to an item once it is signed for by the customer upon delivery by the courier. It is therefore in the customer`s best interest to ensure that all packaging is intact and undamaged before signing for a delivery.

Damaged goods must be reported to TravelSIM within 7 days of receipt. If you have been sent the wrong item, please contact us as soon as possible to arrange for the item to be exchanged prior to your returning the item. We will also refund in money, credit note, or in goods (at our discretion) any appropriate shipping costs (with prior agreement of TravelSIM).

Incorrect goods must be reported within 7 days from the date of receipt. Incorrect Goods does not include where a TravelSIM solution has been purchased which is not compatible with a handset (see Handset Compatibility above). If you decide that you do not require your product or have purchased the wrong item, please feel free to contact us if the item is still in new condition (unopened and untouched). Returns of this nature are purely at our discretion.

Returns will be charged a restocking fee of 50% of the cost of the item and the cost of sending refund payments, all which will be deducted from your refund payment. If the item is returned opened, damaged, or faulty we may not be able to arrange a refund.

Un-required goods must be reported within 7 days from the date of receipt. If you wish to cancel your order prior to goods being dispatched by TravelSIM, you will receive a full refund. If the goods have been dispatched but not yet delivered then you will be refunded in full less any shipping costs incurred by TravelSIM upon its safe return.


Returns policy for online sales


You have the right to cancel your order (unless the goods have been customised) within seven days of receipt of the goods providing the goods are returned to us in their original condition within 14 days of purchase. In the event that you cancel an order under the terms of this Returns Policy, you will be responsible for paying all shipping costs involved plus a 15% administration charge to cover our costs.

For goods purchased offline, we will replace faulty goods providing you notify us of the fault within seven days of receiving the goods.

In any other circumstances we will only accept order cancellation, at our sole discretion.

In the event that we accept an order cancellation, your account will be credited with the appropriate sum less a 15% handling charge. Please note that we cannot offer a refund if a SIM card has been removed from its casing. Please also note that any credit that has been applied to the TravelSIM SIM card, either at the time of purchase or anytime after purchase, can not be refunded.

This returns policy does not affect your statutory rights.


Automatic top up terms of use

Automatic TopUp and Handset TopUp (Auto TopUp) are recurring payment methods that enable you to automatically top up your prepaid TravelSIM account by an amount that you have previously set, or in the case of Handset TopUp, an amount that you request, when your balance falls below a pre-agreed amount. Auto TopUp is governed by these Terms and Conditions ("Terms"). Please read these Terms carefully. You should understand that by completing the registration process you agree to be bound by these Terms.

TravelSIM will send you an SMS within 24 hours of taking a payment from your account following an Auto TopUp. TravelSIM is not able to process payments from cards not issued by Australian banks.

You can change the amount of your Auto TopUp or the credit/debit card that is debited by contacting TravelSIM customer services on +386(0)41 777 683 or +372 5704 2021. If your credit or debit card details change at any time, you must notify TravelSIM immediately. If you do not do this, payments to your Prepaid account will fail and your balance will not be topped up. Please note that changes will take at least 24 hours to process.

If you would like to cancel your Automatic Top-up you must give at least 24 hours notice by contacting the TravelSIM customer services on +386(0)41 777 683 or +372 5704 2021.

By completing the Auto TopUp registration process you confirm that the credit/debit card being used is yours. Your credit/debit card will be subject to validation checks and authorisation by your card issuer. Your details will be passed to third parties for the purposes of carrying out these checks and reporting any fraudulent activity. TravelSIM will send you an SMS if your card issuer refuses to authorise an Auto TopUp payment. TravelSIM is not responsible for your card issuer charging you as a result of it processing your credit/debit card payment.

TravelSIM and its agents will use the information that you have supplied for the Auto TopUp service to process the payments that you have authorised, including carrying out the authorisation and validation processes set out above.

TravelSIM is entitled to suspend or terminate your Auto TopUp registration at any time for any reason and will give you reasonable notice of this where possible. In the event that you lose your phone or have it stolen, you must contact TravelSIM customer services on +386(0)41 777 683 or +372 5704 2021 to report this and to stop your Auto TopUp payments. Once you have your new phone / replacement you will need to re-activate your Auto TopUp by calling TravelSIM customer services on +386(0)41 777 683 or +372 5704 2021.

TravelSIM reserves the right to amend or vary these terms and conditions or to withdraw the Auto TopUp payment method at any time on reasonable notice.

Service is subject to the Terms and Conditions for the supply of TravelSIM pay as you go Services, a copy of which can be found on the TravelSIM web site at www.travelsim.si or www.travelsim.hr. Where there is any inconsistency between these Terms and Conditions, and the Standard Terms and Conditions for the supply of TravelSIM prepaid services the latter will prevail.

Refund policy

1 Withdrawal Right and Refund Request:
(i) TravelSIM Credit: Subject to paragraphs 1(iii) and 2 below, you can request a refund of any unused TravelSIM Credit balance in your User Account, provided (a) the balance is active; and (b) you purchased the TravelSIM Credit online directly from TravelSIM and not from a third party.

(ii) Other Paid-For Products: TravelSIM will refund any payment made for any Paid-For Products other than TravelSIM Credit, so long as (a) you have not used the Product; and/or (b) the Product has not expired and; (c) you purchased the Product online directly from TravelSIM and not a third party. Upon a valid request being received, TravelSIM will refund to you the amount you paid for the Product on a pro-rata basis.

(iii) Non-Refundable Purchases: No refunds shall be given for (a) reactivated TravelSIM Credit; (b) Paid-For Products (including TravelSIM Credit) that are paid for and allocated to your User Account by a TravelSIM Manager administrator; (c) Products purchased via a third party partner of TravelSIM. Please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund; (d) Products (including TravelSIM Credit) that are not directly acquired online from TravelSIM (e.g. vouchers or pre-paid cards) or that are paid for in cash using 3rd party payment methods (such as a cash payment wallet); (e) TravelSIM Credit that is included as part of a Subscription.

(iv) Charged in Error. If you believe that TravelSIM has charged you in error, you must contact TravelSIM within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old.

2 TravelSIM reserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (b) if you are in breach of these Terms or (c) if TravelSIM reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.

3 TravelSIM will refund the balance of your TravelSIM Credit upon request in the event you terminate your User Account(s) applicable to the TravelSIM Software as permitted under these Terms or in the event that TravelSIM terminates these Terms without serious cause.

4 Refund payments will be made in the same form as you initially made payment.
 
 
 
TravelSim works only in unlocked mobile phones
 
 
 

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