Terms and Conditions
TERMS AND CONDITIONS OF SALE OF TRAVELSIM PRODUCTS AND SUBSCRIPTION TO TRAVELSIM SERVICES
1. Customer bound by Terms and Conditions
1.1 Your purchase and/or use of TravelSIM Products and/or TravelSIM Services and your subscription to the TravelSIM Website are governed by these Terms and Conditions. By purchasing and/or using a TravelSIM Product or TravelSIM Service or subscribing to the TravelSIM Website you agree to be bound by these Terms and Conditions.
1.2 These Terms and Conditions may be amended by TravelSIM at any time. Where such amendments are made TravelSIM will provide the amended Terms and Conditions on the Website.
1.3 If there is any inconsistency between these Terms and Conditions and the details of any request and/or order made by you for the purchase of TravelSIM Products and/or Services, then these Terms and Conditions will prevail to the extent of such inconsistency.
2.1 In these Terms and Conditions:
2.2 ‘Australian Consumer Law’ means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended from time to time.
2.3 ‘Products’ means any and all products purchased by you from the TravelSIM Website or a third party to whom TravelSIM has supplied the products for resale including but not limited to TravelSIM SIM cards and credits;
2.4 ‘Services’ means any and all services provided to you through the TravelSIM Website or by TravelSIM in connection with the purchase by you of a TravelSIM Product;
2.5 ‘TravelSIM’ means TravelSIM Australia Pty Ltd ACN 122 348 234;
2.6 ‘Website’ means www.travelsim.net.au;
2.7 ‘You’ means the purchaser and/or user of TravelSIM Products and/or TravelSIM Services and/or the TravelSIM Website.
3. Mobile device requirements
3.1 Before purchasing and/or using any TravelSIM Product you must ensure that your mobile device is unlocked and is network compatible for the countries in which you wish to use the TravelSIM Product.
3.2 TravelSIM will not provide a refund or replacement Product if any Product you order from TravelSIM does not work because the mobile device you are using it with is locked or incompatible.
4. Network Availability
4.1 You acknowledge that TravelSIM SIM cards are designed to enable your unlocked compatible mobile device to access various telecommunications networks around the world and that those telecommunications networks are provided by third parties not associated with TravelSIM.
4.2 Whilst TravelSIM makes every effort to ensure consistent and ongoing availability of all the telecommunications networks which TravelSIM SIM cards are designed to connect with TravelSIM does not guarantee that any telecommunications network will be available at any given time or for any given duration.
5.1 Unless otherwise stated, all prices published by TravelSIM are inclusive of Goods & Services Tax and other taxes or charges that may be relevant.
5.2 Rates and charges of the Service may change. Rates and charges which are applicable at any given time will be displayed on the Website and it is your responsibility to check any rates which are relevant for you and your use of the Products or Services.
6.1 If you order a Product before 1:00pm Australian Eastern Standard Time TravelSIM will use all reasonable endeavours to dispatch such Product within 48 hours of your order being made (excludes weekends and public holidays and instances where dispatch is delayed due to the conduct of a fraud check by TravelSIM).
6.2 If any item, you have ordered is out of stock we will contact you within 48 hours to notify you of this and provide you with an estimated delivery date. If the revised delivery date is unacceptable to you, you may cancel your order and any funds paid by you towards that order will be refunded to you.
6.3 Once Products you have ordered have been dispatched you will be notified via email.
7. Damaged goods
7.1 If you receive a Product which appears to have been damaged in transit you should leave it in its packaging.
7.2 If you wish to have a damaged Product replaced, you must notify TravelSIM within 7 days of receipt of the Product that the Product was damaged prior to receipt by you. TravelSIM will then advise you of any steps you must take so that a replacement Product can be provided to you.
7.3 TravelSIM will be responsible for any cost associated with the return of damaged Products and will reimburse you for any such costs you incur provided that such costs are approved by TravelSIM prior to being incurred.
8. Incorrect goods
8.1 If you receive a Product and it is not the Product you ordered you must notify TravelSIM within 7 days of receipt of the Product so that TravelSIM may arrange for the incorrect Product to be exchanged for the correct Product.
8.2 TravelSIM will be responsible for any cost associated with the exchange (including postage) and will reimburse you for any such costs you incur provided that such costs are approved by TravelSIM prior to being incurred.
9. Faulty goods
9.1 Any correspondence relating to faulty Products should be directed to the following:
Attention: TravelSIM Returns
Address: PO Box 1451, Burleigh Heads, QLD 4220
OR Phone: 1300 851 676 OR Email: firstname.lastname@example.org
9.2 If there is a fault with a Product provided to you by TravelSIM that is not the result of your improper use of the Product or you attempting to use the Product with an incompatible mobile device or a telecommunications network being unavailable as contemplated by clause 4:
(a) you are entitled to return the product to TravelSIM and request TravelSIM to provide you with a refund or replacement Product;
(b) if you wish to return the Product you must within 14 days of receipt of the Product notify TravelSIM of the fault, that you intend to return the product and whether you wish to receive a replacement Product or a refund;
(c) upon receiving such notice from you TravelSIM will provide you with a Returns Authorisation Number which you must include with the Product when you return it to TravelSIM along with a letter setting out details of the fault and a copy of your purchase receipt;
(d) within 14 days of receiving the returned Product provided that TravelSIM is able to verify that the details of the fault are valid TravelSIM will arrange for a replacement Product or refund to be provided to you;
(e) you are responsible for the cost of returning the Product to TravelSIM but will not be charged for the cost of TravelSIM providing you with a replacement Product;
(f) Any credit that has been applied to a TravelSIM SIM card, either at the time of purchase or any time after purchase, will not be refunded unless TravelSIM acting reasonably in the circumstances elects to provide you with a refund.
10. Activating your Product
10.1 Some TravelSIM Products require user activation and if you have a TravelSIM Product which requires user activation, such activation is your responsibility and TravelSIM will not provide a refund or replacement Product in the event that you fail to activate your Product.
10.2 When you activate your TravelSIM SIM card, you must provide us with your name, residential address, details of your intended use of the service and any other information and identification reasonably requested by us.
11. Account Balance
11.1 It is your responsibility to ensure your account balance is maintained at a level which enables you to access the Services and/or features you require. Certain Services and/or features will not be available once your account balance ceases to have credit.
11.2 TravelSIM makes every effort to offer multiple and various methods to recharge your account balance however TravelSIM may at any time for any reason terminate a particular payment method, in which case you will be required to use an alternative method.
11.3 You can recharge your account using any of the below methods:
(a) Online at www.travelsim.net.au/recharge
(b) Calling 1300 851 676 (from within Australia) or +61 2 8668 7500 (from outside Australia or from a TravelSIM SIM card)
(c) Via the TravelSIM app
11.4 Credit cannot be converted into or redeemed as cash.
12. Credit and Service Expiry
(a) The validity period of your credit will vary depending on the type of recharge you purchase. Each recharge amount will specify the validity period. The date on which the validity period ends is the credit expiry date.
(b) If you purchase additional recharge before the credit expiry date, your new expiry date will be the expiry date of your new recharge.
(c) If you do not purchase additional recharge before the credit expiry date, your Service will enter a 30-day recharge only period. If you do not recharge by the end of the recharge only period, your Service will be terminated and your number will be reallocated to another customer.
(d) TravelSIM will not refund any unused credit.
13. Description of Services
13.1 Whilst care is taken to ensure that the descriptions of Services on the TravelSIM Website are accurate, the Services are regularly changed, upgraded and on occasion removed and TravelSIM cannot guarantee the accuracy of such descriptions.
13.2 TravelSIM is not liable for any loss or harm which may arise directly or indirectly from any omissions, errors or changes relating to the description of any Services.
14. Release and Indemnity
14.1 To the extent permitted by the law, you agree to release and hold harmless, TravelSIM and its current and former officers, agents and employees against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your purchase and/or use of TravelSIM Products or Services or Website (including but not limited to your inability to access or use the TravelSIM Website, Products or Services or any network associated with the TravelSIM Products, Services or Website in any location) even if caused or contributed to by TravelSIM’s or its current or formers officers, agents or employees negligence, breach of duty or otherwise.
14.2 In the event that clause 14.1 is for any reason held unenforceable or inapplicable, you agree that TravelSIM’s aggregate liability will not exceed any sums paid by you for the purchase and/or use of TravelSIM Products, Services or the TravelSIM Website.
15. Australian Consumer Law
15.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on TravelSIM are excluded under these terms and conditions.
15.2 If a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits TravelSIM to limit its liability, then TravelSIM's liability shall be limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
16. Reservation of TravelSIM`s rights
16.1 TravelSIM may at any time with or without prior notice:
(a) restrict, suspend, or terminate your access to or right to use all or any part of the Website or Services if in the reasonable opinion of TravelSIM such restriction, suspension or termination is necessary; or
(b) establish rules and policies for the use of the TravelSIM Products, Services or Website with which you must comply.
17. Third Party Sites, Products and Services
17.1 The Website provides access and contains links to third party internet sites, products and services that TravelSIM believes may be of interest or benefit to you. Your use of any such sites, products or services is at your own risk and TravelSIM is not liable for any loss or damage, of any nature, which you may suffer as a direct or indirect consequence of such use.
18. Use of Information
18.2 You consent to information which you have provided to TravelSIM or a third party from whom you purchased a TravelSIM Product or Service being used by TravelSIM or any of its related bodies corporate for the purpose of informing you about offers and promotions which relate TravelSIM or its Products, Services or Website.
18.3 Upon request by you and to the extent permitted or required by law, TravelSIM will provide you with access to and/or the ability to correct your personal information.
19. Events beyond control
19.1 TravelSIM is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.
20.1 The Terms and Conditions are governed by and will be construed in accordance with the laws of the State of Queensland, Australia.
20.2 Nothing in these Terms and Conditions affects any rights you may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.
20.3 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.