1. E-SIM service
1.1 These are the terms of service for the supply of the Webbing data service (“Service”) provided by Webbing USA Inc. (Webbing, we, us and our) to you the end-user (you and your). Your purchase and use of this Service is subject to these terms of service (“Agreement”).
1.2 A copy of these terms of service should be retained for future reference and it is your responsibility to periodically check www.webbingsolutions.com to ensure you are familiar with any changes or updates to these terms and conditions.
1.3 If you do not wish to be bound by these terms of service then you should not purchase or use Webbing Service.
2. Service
2.1 We shall provide you with data service based on the capabilities of our E-SIM. The E-SIM includes an electronic profile which will be downloaded to your device as part of activating the Service.
availability
2.2 The Service is provided on an “as is” and “as available” basis. We do not warrant or guarantee a fault free Service and give no warranties or guarantees as to network coverage, quality or availability. We shall take all reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability.
2.3 In the event of a fault, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we shall use reasonable efforts to promptly correct the fault.
2.4 We reserve the right to choose our network operators and technology partners as we deem appropriate and to provide access to the Service in any manner we deem in the best interest of our business requirements. In this regard you hereby consent to us disclosing and using any of your personal data for the provision of the Service. Any such use of your personal data will be subject to the terms of our Privacy Policy which can be found at www.webbingsolutions.com.
roaming
2.5 Your use of the Service whilst Roaming may be subject to different laws and regulations. We will not accept any liability for your failure to comply with those laws or regulations. In addition, using the Service whilst Roaming may incur higher charges in the country where you are Roaming. You are responsible for those charges.
suspension
2.6 From time to time we may be required to upgrade, modify or maintain the Service. On such occasions the Service may be temporarily unavailable, however, we will endeavour to keep such disruption to a minimum.
2.7 We reserve the right to suspend the Service without giving you notice where:
a) we are unable to process a payment using the payment details which you have provided to us and only after we have re-tried to process that payment on at least one occasion and we have notified you of the failure of the payment.
b) we have reason to believe you are in breach of the conditions of usage (clause 4 below) or any of our policies notified to you on www.webbingsolutions.com
c) pending the outcome of an investigation following receipt of a complaint made against you.
d) you fail to provide us with the necessary information as required for satisfying a regulatory requirement (such as know your customer identification verification) in any jurisdiction you wish to travel to and use the Service.
e) we have reasonable cause to suspect that you have obtained access to the Service fraudulently or unlawfully.
f) we are obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organisation, or other competent administrative authority.
g) in order to prevent damage or degradation of our or our contracting party’s network integrity which may be caused by you or anyone using your access.
h) for operational reasons or in an emergency or for security reasons.
monitoring
2.8 We may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate and administer the Service, or to protect us or our other customers.
3. Purchasing the Service
3.1 On purchasing the Service we will remotely enable you with an E-SIM. The E-SIM will remain on your device even after you have consumed all of the Service which you have purchased.
3.2 The Service shall commence immediately following activation of the E-SIM so that the Service is operationally available for your use (“Activation”).
4. Your obligations
use
4.1 You agree that you shall use the Service in compliance with this Agreement and that you are responsible for all use of the Service.
4.2 You shall be responsible for configuration of your device so that it may properly make use of the Service in compliance with any regulations and applicable instructions issued either by us or the supplier of the device.
4.3 You must:
(a) not use the Service for any fraudulent or unlawful purposes nor use the Service to send any communication which is of an abusive, obscene, harassing or menacing nature;
(b) not use the Service to commit or facilitate the commission of a crime, or other unlawful act;
(c) not act in any way, which may affect or impair the operation of any network used or operated by us;
(d) not send or upload anything that infringes 3rd party intellectual property rights (unless you have permission);
(e) only use the Service for the purposes and in the manner expressly permitted by this Agreement;
(f) only use the Service in accordance with all applicable laws and regulations of your home nation, the country in which you reside, or the country in which you are present whilst using the Service;
(g) provide us with whatever proof of identity we may reasonably request;
4.4 It is your responsibility to delete the E-SIM from your device before you pass it to another person. You can delete the E-SIM by going to “Settings”, then “General”, then “Reset” and tapping “Erase all Content and Settings” and include resetting of “Data Plans” when prompted.
4.5 You must comply with all reasonable security procedures and standards with respect to the Service. We may communicate security issues to you from time to time when abuse or misuse is observed or reported by others along with general information related to the provision by us of the Service by any means, including via www.webbingsolutions.com.
lost or stolen device
4.6 You must inform us immediately if the device on which the Service are activated is lost or stolen and you will remain responsible for usage of the Service on the device until you do so. If your device is lost or stolen please e-mail us immediately at [email protected] . We will take all reasonable action to cancel the provision of the Service on any stolen or lost device within 72 hours of notification and subject to verification of account.
content
4.7 You are solely responsible for all content, information and communications transmitted using the Service and agree that we have no responsibility for the deletion, corruption or failure to store any content transmitted using the Service.
5. Intellectual Property in the Service
5.1 All technology, intellectual property and documentation relating to the Service shall remain our property. On purchasing the Service we grant you a revocable, conditional, non-exclusive, non-assignable, non-sub-licensable license to use the Service.
6. Charges
6.1 The charges associated with the data bundle(s) purchased for the Service are available to you before you purchase the Service and by purchasing the Service you agree to the application of those charges. We reserve our right to increase or make any other change to the charges for the Service which you have purchased at any time by publishing any changes on www.webbingsolutions.com or otherwise giving you notice.
general
6.2 You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or surcharges now in force or initiated in the future, that arise from or as a result of your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service. If the company are exempt from payment of taxes, it shall provide Webbing with an original certificate that satisfies applicable legal requirement attesting to tax exempt status. Tax exemption will only apply from and after the date Webbing receives such certificate.
6.3 Service interruptions and malfunctions will not be a reason for non-payment
7. Termination of the Service
7.1 Either Party may terminate this Agreement within 3 business days in writing notice to the other party.
7.2 We reserve the right to terminate this Agreement and cease supplying the Service in the event that you materially breach any of this Agreement’s terms and conditions. We shall not be required to refund you any amount for your unused data bundle.
7.3 To terminate this Agreement, email [email protected] from the email address which have provided at the time of entering the Agreement and giving us your name, address and telephone number.
8. Warranty and Liability Limitations / Indemnification
8.1 This clause sets out the entire financial liability of us to you (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) in respect of:
(a) the provision of the Service;
(b) any breach of the Agreement;
(c) any use made by you of the Service;
(d) any representation, statement, or tortious act or omission (including negligence) arising under or in connection with the Agreement.
8.2 All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Agreement.
8.3 In no event shall we be liable to you for any indirect or consequential losses incurred by you, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.
8.4 Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement, including the provision of the Service, shall be strictly limited to the aggregate value of the payments which you have made to us during the preceding 12 months for the Service.
8.5 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations or provision of the Service (i) where such delay or performance failure is due to any of your acts or omissions, where you have provided incorrect data or information; or (ii) network failure, network outage, network congestion, power failures; or (iii) that is caused by events outside our reasonable control including but not limited to force majeure events, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party) Act of God, war, terrorist activity, malicious damage, fire, riot, compliance with any law or governmental order or default of suppliers or subcontractors; or (iv) act or omission of an underlying carrier, service provider, vendor or another third party, equipment, network or facility failure, upgrade or modification;
8.6 Webbing makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title or noninfringement or any warranty. Without limited the foregoing, Webbing does not warrant that the service will be without failure, delay, interruption, error and loss of content, data or information.
8.7 Webbing shall have no liability to you for any costs, or charges or penalties incurred by you for failing to comply and satisfy any regulatory requirement of a country prior to using the Service in that country.
8.8 Webbing, its shareholders, affiliates, officers, directors, employees, agents and contractors (the “Indemnitees”), shall not be liable for any and all claims, actions, demands, losses, damages, costs and expenses (including without limitation legal fees) made or brought by third parties arising from or in connection with this Agreement and the provision of the Service.
8.9 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting”; country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If it is established that you are in breach of this warranty then we shall have the right to immediately terminate the Service and no amount will be payable to you in respect of any unused Service.
8.10 Your liability:
You shall be liable for any damages of any kind caused to us, our networks or systems, or any third parties by your use or misuse of the E-SIM or the Service, or by any other persons whomsoever or on any device whatsoever, even in the event of loss or theft and you will be responsible to compensate us for any damage you or they cause, including minor faults.
9. Changes to these terms of service and the Service
9.1 We reserve the right to change the terms of service of this Agreement from time to time and make changes to the Service or any promotion or charges relating to the Service at any time.
9.2 We shall give you notice of any such changes and you agree that an appropriate publication on the Website is an acceptable notice.
10. Governing Law and Legal Compliance
10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
10.2 Despite the governing law provided above, you may be subject to various rules, regulations and laws which may also apply to you in the country in which you use the Service, in particular where you choose your home country to be a country other than the State of New York.
10.3 Subject to the terms of our Privacy Policy we may be required to collect further personal information from you in order to satisfy our compliance with any legal or regulatory compliance requirement. If we request such information from you and indicate that this is for legal or regulatory compliance, then you agree that you shall provide us with the requested information and not provide us with false or misleading information.
11. Complaints
11.1 If you have any complaints or feedback about the Service you should send that to [email protected]
12. Privacy
12.1 We take our customers’ privacy seriously. Please read our Privacy Policy for full details and which can be found at www.iamwebbing.com. Whilst we respect the privacy of our customers, the Service may be subject to interception by law enforcement agencies and bodies. We may be compelled to disclose your personal details where we are required to do so by a valid order of an authorised governmental representative or court order.
12.2 By registering for the Service you consent to us transferring your personal data to countries which do not provide the same level of data protection as the State of New York if we deem it necessary for the provision of the Service.
13. Miscellaneous
13.1 All notices given by you to us must be in writing (fax, email, letter or text) to the addresses set out in these terms and conditions.
13.2 Failure to enforce any of our rights under these terms of service does not result in a waiver of that right.
13.3 We reserve the right to assign rights and duties contained in these terms of service to a third party
13.4 If any provision of these terms of service are found to be unenforceable, all other conditions shall remain unaffected.
13.5 These terms of service and any documents expressly referred to in them or provided to you at the time of taking out or accepting the Service, represent the entire agreement between us and you in relation to the subject matter of any contract entered into for the Service. We are required to advise you that contracts may be concluded in English only and that no public filing requirements apply.
13.6 By purchasing and using the Service you acknowledge that you have read these terms of service and understand them and agree to be bound by them.
13.7 These terms of service are subject to change from time to time at Webbing’s sole discretion and the most up to date version is published at www.webbingsoluitons.com. Where there is a conflict between any terms of service published in printed media and the Website terms and conditions, the Website terms of service will prevail. Please periodically check the Website for the most up to date terms of service that may apply to you.
