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Welcome
to the YES Sim website (the "Site"), which is provided to you
by EX4U Telecom ("EX4U"). Your use of the Site and YES Sim
services, whether offered directly by EX4U or through a travel
partner, are subject to the following Terms of Use and any operating
rules or policies that may be published from time to time by EX4U.
Please read these Terms of Use carefully. By checking the "I have
read and accept the terms and conditions of the YES Sim Terms of Use"
box during registration for an account or by using the Site or the
Services (as defined below) you agree to be bound by these Terms of
Use. If you do not agree with or cannot comply with the Terms of Use,
please do not use the Site or the Services.
Changes
to the Terms of Use
EX4U
may, in its sole discretion, change, add or remove any portion of the
Terms of Use at any time by posting new Terms of Use on the Site.
Your continue use of the Site or the Services after such changes are
posted will constitute your agreement to such changes.
The
Services
EX4U
offers a number of products and services on the Site and through
partners, such as global phone cards, international pay-as-you-go
mobile phones and SIM cards, toll-free access to send and receive
voice messages, email accounts, travel journals and travel tools
(collectively, the "Services"). Registration and payment may be
required to use the Services. Pre-payment using a credit card is also
required for the use of certain Services. EX4U may require proof of
identity prior to the sale of or use of the Services. Eligibility
restrictions, if any, will be noted when registering for each
Service. EX4U will keep a record of all Services provided to you.
Mobile
Equipment; SIM Card; Telephone Number
You
are responsible for your own end material (such as handsets, plug
adaptors and chargers) and its proper configuration and installation,
in compliance with any regulations and applicable instructions by
EX4U or the manufacturer. You are also responsible for all
preparation to install the Service, such as preparing and inserting
SIM cards (interface cards) and setting adequate protocols. You agree
to follow all instructions to properly insert the SIM card into your
mobile phone. You have no right to be assigned or keep a particular
phone number. EX4U has the right to cancel or change any phone number
or other address element it may have assigned to you without
compensation, if required for operational or technical reasons or as
a result of government regulations or new partnerships. EX4U does not
provide mobile phone number or SIM card portability. Any and all
rights attached to a phone number assigned by EX4U to you remain
vested in EX4U. All SIM cards remain the property of EX4U, which
reserves the rights to alter and develop its content as well as claim
its return.
Note:
All YES SIM cards will work in any unlocked GSM phone.
GSM
Network Coverage
EX4U
offers mobile phone and SIM card users a high degree of coverage via
the GSM mobile network. Coverage depends on the network, technical
and operational capabilities of the roaming partner. Gaps in coverage
may nevertheless be encountered even in areas that are designated as
covered, particularly inside buildings or remote areas. Lists and
maps of coverage areas are available on the Site. EX4U will update
this information when additional service becomes available. EX4U will
make every effort to provide a high level of availability for its
mobile network. However, EX4U is unable to guarantee continuous,
trouble-free operation of its mobile network or certain transmission
times or capacities (SMS, for example). EX4U reserves the right to
service its mobile network at any time, which may result in temporary
disruptions. No representations or guarantees are made with regard to
availability, quality, operation or support for voice or data
communication on third-party networks or with third-party lines.
Modifications
to the Site or the Services
EX4U
reserves the right, for any reason, in its sole discretion, to
terminate, suspend or change any aspect of the Site or the Services
including but not limited to products, services, content, features or
hours of availability. EX4U may impose limits on certain features of
the Site or the Services, or restrict your access to part or all of
the Site or the Services without notice or penalty.
Charges
for the Services
You
agree to pay all charges for requested Services in US Dollars. For
Services which require pre-payment, you agree to pre-pay for the
Service by bank deposit, wire transfer or if prior authorized by
EX4U by debiting your credit / debit card the selected amount. The
cost of the Service you use will be debited against the prepaid
credit using the then current prices for the Service. In the event
your charges exceed your pre-paid credit, you agree to pay any
amounts owed to EX4U within four (4) days from EX4U request or EX4U
may immediately suspend the Services. You agree to pay for all
charges associated with your account, whether or not the use of your
PIN was authorized by you. The charges will be deemed to be correct
if they accurately reflect the technical records created by a
correctly programmed system. You can request an extract of the
Service records in writing (by mail, fax or email) from Customer Care
withinthirty (30) days after the disputed charge. EX4U reserves
the right to change the prices for the Services at any time. The
current applicable prices, which are quoted in US Dollars, may be
found on the Site or by calling Customer Care.
Off
Network Usage
Any
deliberate off network usage of the service (an attempt to circumvent
the normal operation of the service in order to avoid paying for use)
is prohibited. Any off network usage that is recorded will incur a
separate surcharge (on top of standard rates):
- $4 per text
message
- $4 per minute to make calls and receive calls
This
surcharge may not be billed for to 70 days after actual usage.
Expiration
Phone
cards
Any
credit balance in your account will expire if you have not made a
call using your account for a period of six (6) months. The credit
balance may be re-instated by Customer Care, if you recharge your
account within six (6) months.
Mobile
Phones and SIM Cards
Any
credit balance in your account will expire if you have not made a
call using your account for a period of six (6) months. The credit
balance may be re-instated by Customer Care, if you recharge your
account within six (6) months or purchase a new SIM card.
Return/Refund
Policy
Mobile
Phones, SIM Cards and Phone cards
EX4U
does not offer refunds for Mobile Phones, SIM cards and phone cards.
Any remaining credit on a SIM card or phone card should be used by
making local and international calls, and will expire after six (6)
months of inactivity.
Stolen,
Lost or Damaged Mobile Phones and SIM Cards
EX4U
does not offer refunds for stolen, lost or damaged mobile phones or
SIM cards. However, any remaining calling credit can be transferred
if a new mobile phone or SIM card is purchased from EX4U. Please
contact Customer Care to arrange your calling credit transfer.
Used
SIM Cards
EX4U
does not offer refunds for used SIM cards.
Repair
Policy
Mobile
Phones
All
defective mobile phones sold by EX4U must be reported by contacting
Customer Care within the following warranty periods:
Customer
Care will then determine if further analysis needs to be performed on
the mobile phone and will advise you if it is necessary to send the
mobile phone in order to be analyzed and, if required, repaired.
Mobile phones must be sent to the designated EX4U location at your
expense. You must return your mobile phone in "like new"
condition, with all original boxes and packing materials, components,
manuals, blank warranty cards and other accessories provided by the
manufacturer. You must repack the mobile phone in its original
packaging, along with all manuals, accessories and related materials,
and place the packaged product in a protective outer box. If the
mobile phone cannot be repaired within fourty-five (45) days from the date
the manufacturer receives it from EX4U, you may receive a
replacement. EX4U will only be responsible for providing adequate
information to receive calls, make outgoing calls, send text messages
(SMS), data and to add airtime. All repair and warranty inquiries
will be answered when the information is available to EX4U from its
suppliers' service centers.
SIM
Cards
All
defective SIM cards sold by EX4U must be reported by writing to
Customer Care within thirty (30) days of purchase. Customer Care will
then determine if further analysis needs to be performed on the SIM
card and will advise you if it is necessary to send the SIM card in
order to be analyzed. The SIM card must be sent to the designated
EX4U location at your expense. You must return your SIM card in "like
new" condition, with all original boxes and packing materials,
components, manuals, blank warranty cards and other accessories
provided by the manufacturer. You must repack the SIM card in its
original packaging, along with all manuals, accessories and related
materials, and place the packaged product in a protective outer box.
If the SIM card cannot be repaired within fourty-five (45) days from the
date the manufacturer receives it from EX4U, you may receive a
replacement. You authorize EX4U to load data and software onto your
SIM card as required.
No
Insurance Coverage
EX4U
will not be liable for, nor shall any adjustment, refund or credit of
any kind be made as a result of any loss, damage, delay, misdelivery,
no delivery, misinformation or failure to provide information
including, but not limited to, any such loss, damage, delay,
misdelivery, no delivery, misinformation or failure to provide
information caused by or resulting from: (a) delays caused by
Customs' clearance procedures or those of other regulatory
agencies; (b) delays in delivery caused by adherence to shipping
company policies regarding the payment of duties and taxes; (c) YES
Sim inability to provide a copy of the delivery record; (d) YES Sim
failure to notify you of any delay or loss of your shipment and its
contents; (e) shipments released without obtaining a signature if the
recipient has provided authorization by signing a release delivery
authorization and indemnification agreement; or (f) YES Sim shipping
company's failure or inability to attempt to contact the sender or
recipient concerning incomplete or inaccurate address; incorrect,
incomplete, inaccurate or missing documentation; payment of duties
and taxes necessary to release a shipment; or an incomplete or
incorrect customs broker's address. EX4U will also not be liable for
any package where our records do not reflect that you made a purchase
from us.
Account
and PIN
You
agree that all account information provided by you is accurate and
up-to-date, and you will promptly notify EX4U of any changes. You are
solely responsible for protecting the confidentiality of your PIN and
may not disclose your PIN to any other person. You are also solely
responsible for all acts and omissions that occur in connection with
your account or PIN, whether or not authorized by you. You agree to
notify EX4U immediately if your PIN is stolen or otherwise passes out
of your control so that access using the PIN can be terminated. Until
you notify EX4U in writing, you are responsible for all charges
associated with your PIN.
User
Conduct
The
Site and Services are provided to individuals only. Any unauthorized
commercial use or resale of the Site or the Services is prohibited.
The use of the Site or the Services to solicit business for any
competitive website or service is also prohibited. You are solely
responsible for the content and context of any materials you post or
submit through the Site or the Services or that are posted or
submitted using your account. Please choose carefully what you post
or submit. You agree to comply with the Terms of Use and all
applicable local, state, national and international laws,
regulations, ordinances, and rules when using the Site and the
Services. You warrant and agree that while using the Site and the
Services, you will not:
-
use
the Site or the Services in connection with chain letters, junk
email, spamming, any duplicative or unsolicited messages (commercial
or otherwise), or advertising of any kind;
-
harvest
or otherwise collect information about others, including email
addresses, without their consent;
-
create
a false identity or forged email address or header, or otherwise
attempt to mislead others as to the identity of the sender or the
origin of a message;
-
upload,
post, transmit, distribute or otherwise publish through the Site or
the Services unlawful, harassing, defamatory, abusive, threatening,
harmful, vulgar, obscene, false, misleading, offensive or otherwise
objectionable material;
-
upload,
post, transmit, distribute or otherwise publish any material that
may infringe the intellectual property rights or other rights of
third parties, including without limitation, trade marks or
copyright;
-
upload,
post, transmit, distribute or otherwise publish any material that
contains viruses, Trojan horses, worms, time bombs, cancel bots, or
any other harmful or deleterious programs;
-
upload,
post, transmit, distribute or otherwise publish a photograph of
another person without that person's consent;
-
solicit
personal information from anyone under the age of 18;
-
use
the Site or the Services to violate any applicable law restricting
the export or import of data, software or any other content;
-
interfere
with or disrupt networks connected to the Site or the Services or
violate the regulations, policies or procedures of such networks;
-
gain
or attempt to gain unauthorized access to the Site or the Services,
other accounts, computer systems or networks connected to the Site
or the Services, through password mining or by any other means;
-
interfere
with another member's use and enjoyment of the Site or the Services
or another entity's use and enjoyment of similar services;
-
use
the Site or the Services in any unethical manner or contrary to
accepted community standards; or
-
engage
in or encourage conduct that would constitute a criminal offense or
give rise to civil liability.
No
Spam
EX4U
will immediately terminate any account that it believes, in its sole
discretion, is transmitting or is otherwise connected with any spam
or other unsolicited bulk email. In addition to YES Sim other rights
or remedies, you agree to pay EX4U the sum of eight dollars (USD$8)
for each piece of spam or unsolicited bulk email transmitted from or
otherwise connected with your account (which is YES Sim genuine
estimate of the damage it would suffer) or YES Sim actual damages,
whichever is greater.
Responsibility
for Use of Mobile Lines
You
are solely responsible for the content of information and
communications transmitted using the Site and the Services. You are
responsible for all use of your mobile line, including use by third
parties. In particular, you are responsible for the payment of all
charges arising in connection with use of your mobile line including
goods and services ordered or obtained via your mobile line. PIN/PIN2
and PUK/PUK2 codes and any other security codes that may be assigned
should be stored carefully and separately from the mobile phone and
the SIM card, and should not be disclosed to anyone. You must comply
with all reasonable security procedures and standards with respect to
the Service, including activating and periodically changing your PIN
code. EX4U may communicate security issues to you when abuse or
misuse is observed or reported by others.
Intellectual
Property
You
acknowledge and agree that all content and materials available on the
Site and via the Services, including but not limited to the EX4U name
and logos, text, music, software, photographs, and video, are
protected by intellectual property and other laws. Except as
expressly authorized by EX4U, any use, copy, reproduction, display,
performance, modification or transmission is strictly prohibited.
Notwithstanding the above, you may download one copy of the content
and materials on the Site on any single computer for your personal
non-commercial use, provided you keep intact all proprietary and
other notices.
EX4U
does not claim any ownership rights in the content or materials
posted by you or other members. By uploading, posting, transmitting,
distributing or otherwise publishing content and materials on the
Site or via the Services, you: (a) grant EX4U a non-exclusive,
worldwide, royalty-free, sub licensable and transferable license to
use, modify, publicly perform, publicly display, reproduce, edit,
translate, aggregate, reformat, prepare derivative works based upon,
distribute and otherwise exploit the content and materials, in whole
or in part, on the Site and via the Services; and (b) represent and
warrant that you own the content and materials or have the right to
grant the license to EX4U.
In
appropriate circumstances and at its sole discretion, EX4U may
suspend or terminate the access of and take other action against
users who infringe the copyright rights of others. If you believe
that your work has been copied and is accessible on the Site in a way
that constitutes copyright infringement, or that the Site contains
links or other references to another online location that contains
material or activity that infringes your copyright rights, you may
notify EX4U by providing the following information (as required by
the Online Copyright Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. §512):
-
A
physical or electronic signature of person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
-
Identification
of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that
site;
-
Identification
of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to
permit EX4U to locate the material;
-
Information
reasonably sufficient to permit EX4U to contact the complaining
party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be
contacted;
-
A
statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
-
A
statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
The
notification should be sent to YES Sim copyright agent or to info(at)ex4u.org.
Special Terms
EX4U Telecom reserves the right to restrict the use of YES ONE and YES TWO Sim for receiving calls without making outbound calls or the use of YES ONE and YES TWO Sim largely/mainly for receiving calls but with making an inordinately few outbound calls. This s to prevent unscrupulous abuse of the service facility that we provide to YES ONE and YES TWO Sim subscriber.
As a guideline, the inbound call minutes should not be greater than 70% of the total volume of minutes of inbound and outbound calls combined.
Endorsements
All
product and service marks that appear on the Site and the Services
that are not EX4U marks are the marks of their owners. References to
any names, marks, products or services of third parties or hypertext
links to third party sites or information do not constitute or imply
endorsement, sponsorship or recommendation of the third party
information, product or service.
Monitoring
You
agree that EX4U has the right, but not the obligation, to monitor,
edit, disclose, refuse to post, or remove at any time, for any reason
in its sole discretion, any material and content anywhere on the Site
or via the Services. Notwithstanding this right, EX4U does not and
cannot review all materials posted by users on the Site or via the
Services and EX4U is not responsible for any materials posted by
users.
Submissions
All
remarks, submissions, ideas, concepts, pictures or other information
you submit to the Site or via the Services will become the exclusive
property of EX4U. EX4U will not be required to treat any submission
as confidential, and will be entitled to use all submissions for any
purpose whatsoever, without any compensation to you.
Privacy
EX4U
respects your privacy. For an explanation of our practices with
regards to information collected or submitted to the Site or for the
Services, please see our Privacy Policy online.
DISCLAIMER
OF WARRANTIES
THE
SITE AND THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EX4U DOES NOT
WARRANT THAT THE SITE AND THE SERVICES, OR THE FUNCTIONS, FEATURES OR
CONTENT CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR
ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION
OF LIABILITY
IN
NO EVENT SHALL EX4U BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE
USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, OR THE CONTENT,
MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF EX4U HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO
EVENT SHALL THE TOTAL LIABILITY OF EX4U TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING
BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR
USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (US$100) IN THE AGGREGATE.
Indemnification
You
agree to defend, indemnify and hold EX4U and its officers, directors,
employees, agents, resellers, licensees, successors and assigns
harmless from and against any and all claims, losses, damages,
liabilities, costs and expenses (including reasonable attorneys'
fees) incurred or suffered by them in connection with any claim
arising out of or related to: (a) your use of the Site or the
Services; (b) your breach or violation of any of these Terms of Use;
(c) your dispute with another user; or (d) the unauthorized access to
any password-protected area of the Site or the Services using your
password. EX4U reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and you shall not in any event settle or
otherwise dispose of any matter without the prior written consent of
EX4U.
Termination
This
agreement constitutes a binding agreement between you and EX4U until
terminated by you or EX4U, which EX4U may do at any time, without
notice, in its sole discretion. Without limiting the foregoing,
reasons for termination may include YES Sim belief that: (a) you have
breached the Terms of Use; (b) you are or may become insolvent or
bankrupt; (c) an unauthorized person is or may be using your account;
(d) you do not have any prepaid credit; (e) your use may be damaging
or degrading the integrity of a third party network used by EX4U; (f)
it is required to comply with a government request or order; (g) it
is required to perform exceptional facilities' upgrades or
maintenance; or (h) it is required to protect EX4U, the Site or the
Services. If you become dissatisfied with the Site or the Services,
your only recourse is to immediately discontinue use of the Site or
the Services. ALL OUTSTANDING CHARGES WILL BECOME IMMEDIATELY DUE AND
PAYABLE TO EX4U UPON NOTICE OF TERMINATION AND IN NO CIRCUMSTANCES
SHALL YOU BE ENTITLED TO ANY REFUND OF PAYMENTS MADE.
Choice
of Law; Forum
This
agreement shall be governed by and in accordance with the laws of the
country of Costa Rica, without regard to conflicts of law provisions.
Any controversy involving EX4U arising from or in any way related to
the Terms of Use or your use of the Site or the Services shall be
heard in the appropriate State or Federal court in the City and
County of San Jose, Costa Rica and you irrevocably consent to the
jurisdiction of such courts.
Notices
Except
as explicitly stated otherwise, any notices shall be given by email
to EX4U at info(at)ex4u.org
or to you at the email address you provide to EX4U. Notice shall be
deemed given fourty eight (48) hours on business days after the
email is sent, unless the sending party is notified that the email
address is invalid.
General
Provisions
If
any provision of the Terms of Use is held to be invalid or
unenforceable by a court of competent jurisdiction, then such
provision shall be enforced to the maximum extent possible so as to
effect the intent of the Terms of Use, and the remainder of the Terms
of Use shall continue in full force and effect. The failure by either
you or EX4U to exercise or enforce any right or provision of the
Terms of Use shall not constitute a waiver of such right or
provision. A waiver is only effective in the specific instance and
for the specific purpose for which it was given. You agree that any
cause of action arising out of or related to the Site, the Services
or the Terms of Use must commence within one (1) year after the cause
of action arose; otherwise, such cause of action is permanently
barred. You cannot assign your rights under the Terms of Use without
YES Sim prior written approval. Except as expressly stated otherwise,
the rights and remedies under these Terms of Use do not exclude any
other right or remedy provided by law or in equity. The Terms of Use
and all registration forms comprise the entire agreement between you
and YES Sim all prior agreements between the parties, regarding the
subject matter contained herein. The Terms of Use have been executed
in the English language, which language will be controlling. No
translation, if any, of the Terms of Use into any other language will
have any effect on the interpretation of the Terms of Use or in
determining the intent of the parties. All provisions in the Terms of
Use regarding representations and warranties, indemnification,
disclaimers, and limitation of liability shall survive the
termination of the Terms of Use.
Feel
free to contact us (info(at)ex4u.org)
with any questions about the Terms of Use.
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