1. Scope
Wireless Traveler is a reseller of mobile telecommunication products, services and accessories. These General Terms and Conditions (herein after referred to as “GTC”) govern the relationship between Wireless Traveler (herein after referred to as” Wireless Traveler") and the customer (herein after referred to as “Customer”). The GTC apply to all services provided by Wireless Traveler to Customer. In any event, the valid and applicable Conditions are deemed to be accepted when the customer purchases and/or uses the products and services offered by Wireless Traveler (collectively "the Service" and/or "Services") subject to the terms set out below.A copy of the GTC is also published on the internet at www.wirelesstravler.com (herein after referred to as” the Website") Wireless Traveler reserves the right to change the GTC and other contractual provisions at any time. If you do not wish to be bound by these terms and conditions then you may not use the Services.
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2. Global Roaming Phones and SIM Card
2.1 Following receipt by Wireless Traveler of the appropriate payment from Customer, Customer shall be entitled to use the services provided by Wireless Traveler.
2.2 Customer agrees to be bound by the GTC which shall apply to the Customer's purchase and use of the Services. Customer acknowledges that he is aware that the GTC shall apply to all uses of Wireless Traveler's products and Services.
2.3 The GTC commence at the time of purchase and are in force and continue during the use of the Service.
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3. Obligations of the Customer
3.1 The Customer shall use the services and products lawfully and in compliance with the GTC and other contractual documents duly integrated to the contract. The Customer is responsible for all use of the Services by the Customer or any 3rd party (with or without permission of the Customer) and is wholly responsible to pay for the use of all Services and for all Charges associated with the Services. Please refer to the “Rates and Coverage” pages published on the website for prices and charges.
3.2 The Customer shall be responsible for ensuring that the Services are compatible with the Customer’s equipment and any hardware. Wireless Traveler shall have no liability or responsibility for the use of the Services or compatibility of the Services with any equipment, handset or technology that has not been supplied or authorized by Wireless Traveler. The Customer shall be responsible for all use of the Services including but not limited to handsets, its proper configuration and installation, compliance with any regulations and applicable instructions issued either by Wireless Traveler and/or the equipment manufacturer. The preparation activities for installation of the Service, including but not limited to preparing and inserting interface cards, setting adequate protocols, as well as all relevant activities in support of the implementation of the Service shall remain under the sole responsibility of the Customer. Wireless Traveler does not provide any protection or guarantee and against any damage caused by any third party during installation or use of its service after it is purchased by the customer.
3.3 The Customer must comply with all reasonable security procedures and standards with respect to the Service. Wireless Traveler may communicate security issues to the Customer from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by Wireless Traveler of the Service by any means, including via the Website.
3.4 The Customer must:
- not use the Services for any improper, immoral, fraudulent or unlawful purposes nor may the Customer use the Services to send any communication which is of an abusive, offensive, obscene or of a menacing nature;
- not act in any way, which may affect the operation of any network used or operated by Wireless Traveler;
- not send or upload anything that infringes 3rd party intellectual property rights (unless you have permission).
3.5 You must inform Wireless Traveler immediately if customer’s Wireless Traveler product (“product”) is lost or stolen. Wireless Traveler will take all reasonable action to cancel any stolen or lost product within 72 hours of notification and subject to verification of account it may be subject to payment of an administration charge, Wireless Traveler will apply any outstanding balances to a replacement SIM card which has been purchased by the Customer as a replacement. Wireless Traveler is not responsible for any service fees, call costs or other cost incurred due to a lost or stolen product.
3.6 If customer purchases a SIM card from Wireless Traveler it is Customer’s responsibility to ensure that your mobile telephone handset is compatible with the Services that you purchase from us. This may include ensuring that your handset is 'unlocked' and is compatible with the network in the country where you wish to use it.
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4. Equipment
4.1 All equipment, prices and quantity are subject to availability and may be changed without notice or obligation. Prices do not include shipping and handling and applicable duties and taxes. Shipping and handling charges are additional and may vary. Orders are not considered valid until approved and authorized by Wireless Traveler. All prices are quoted in U.S. dollars. While Wireless Traveler uses reasonable efforts to include accurate and up-to-date information on the Site, Wireless Traveler makes no warranties or representations as to its accuracy. Wireless Traveler assumes no liability or responsibility for any errors or omissions in the content on the Site.
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5. Obligations of Wireless Traveler
5.1 Wireless Traveler shall provide the Customer with national and international telecommunications services in the countries published on the “Rates and Coverage” pages of the website.
5.2 Wireless Traveler shall use reasonable efforts to operate and maintain the Service, contingent upon Wireless Traveler's and/or Wireless Traveler's service provider's ability to maintain necessary licenses or permissions, or Wireless Traveler's and or Wireless Traveler service provider's network capacity and connection availability. The network operator in the country of use will be responsible for network coverage and network availability. Wireless Traveler gives no warranties or guarantees as to network coverage or availability of any network or suitable coverage. We will not provide a refund for any failure to make calls due to problems with network coverage.
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6. Use and Conformity with Laws and Regulations
6.1 The Customer is solely responsible for all content, information and communications transmitted using the Services and shall indemnify Wireless Traveler for any loss or liability that Wireless Traveler may incur as a result of any content or material which is transmitted using the Services.
6.2 When travelling outside of their country the customer may be subject to different laws and regulations that apply for the services. Wireless Traveler is not liable for customer failure to comply with those laws or regulations.
6.3 Customer shall not use the Service or permit any use of the Service which is illegal, unlawful, or harassing, which infringes upon the intellectual property rights of third parties, or which otherwise constitutes network abuse, and the Customer shall be responsible for any such misuse of the Service. The Customer shall indemnify Wireless Traveler against all any liabilities, claims, actions, liabilities, loss, damage, costs and expenses suffered or incurred by Wireless Traveler as a result of any breach of the Customer's obligations or warranties in this Agreement.
6.4 Customer warrants that it shall comply with any laws, regulations or conventions which may be applicable to the use of the Service and with any public policy related laws, which may be applicable to the use of the Service by third parties (such as privacy laws and laws relating to defamation, libel and decency with respect to the content of the communications transmitted using the Service).
6.5 The Customer acknowledges that a breach of the obligations and/or warranties contained in this Agreement could lead to a claim or liability or disruption in the provision of the Service by Wireless Traveler. In the event of such breach, Wireless Traveler shall be entitled to suspend the performance of the Services to the Customer and its obligations under this Agreement, until the breach has been remedied and in addition shall be entitled to exercise its rights of termination under this Agreement.
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7. SIM Card and Phone number?
7.1 Any and all rights attached to the telephone number attributed to Customer and attached to the Service provided to you by Wireless Traveler remain vested in Wireless Traveler. Accordingly, Wireless Traveler may change, withdraw or otherwise alter such telephone number or any other address-element at its discretion, without damages payable to Customer, should any technical, commercial reason as well as any applicable regulations so require.
7.2 The SIM Card, all technology and intellectual property as part of the SIM Card remains the property of or is licensed to Wireless Traveler, which grants to you a non exclusive license to use the Services and preserves Wireless Traveler’s rights to alter and develop its content as well as claiming its return.
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8. Prices, Charges and Payments
8.1 Customer agrees to pay all applicable charges for the Services in accordance with the applicable Price List in force at the time of using the services and available on Wireless Traveler website. In particular, Customer agrees with such charges being directly deducted from its credit card account.
8.2 Wireless traveler only offers a prepaid service and all charges for the use of service will be deducted from the customer’s credit card.
8.2 Auto recharge (“auto recharge”) is the term used by company to describe its system for automatically replenishing customers account with usage credit. Customer is obliged at the time of account activation to set up the auto recharge by selecting the monetary amount for the ongoing minimum account balance to be set at as well as the amount customer wishes to add to the account when account goes below selected minimum account balance. Customer also agrees all auto recharge replenishment amounts will be directly deducted from its credit or debit card account.
8.2 The applicable rates that apply for use of the Services shall be the ones duly published on the Website at the time of using the SIM Card.
8.3 Wireless Traveler reserves its rights to increase and/or make any other change to the applicable charges at any time. Wireless Traveler shall give notice by publishing any increased rates or charges on its Website.
8.4 The prices shall be quoted in US dollars and may be subject to applicable sales taxes, duties or levies imposed by any authority, government or governmental agency.
8.5 The Services are subject to the additional charges as detailed below:
a) Call Connection Fee – for each completed outgoing call there is a $.45c connection fee charged on a per call basis.
b) For each completed incoming call there is a $.45c connection fee charged on a per call basis.
c) A one time activation fee of $12 is charged when customer first activates his account
8.6 The charges published on Wireless Traveler website shall be deemed to be correct and Wireless Traveler at its sole discretion reserves the right to change the rates without any form of notification to customer
8.7 Wireless Traveler considers its charges and pricing to be generally competitive compared to certain other similar services and products. Wireless Traveler makes no warranty or guarantee whatsoever that it provides its services at the lowest prices available in the market.
8.8 SHIPPING &HANDLING, IMPORT DUTIES, TAXES - Rates for shipping quoted on Wireless Traveler website are based on shipping within the USA. Wireless Traveler utilizes third party companies such as FedEx, UPS and US Mail service to deliver its physical products. Wireless Traveler is not responsible for any late deliveries caused by delays in customs clearance, bad weather, power outages, acts of god or terrorism. Wireless Traveler is also not in any way responsible for any duties or taxes levied by customs of the country that customer requested product to be shipped to.. Special shipping pricing may be provided for orders for multiple phones and international shipments. . Shipping and handling charges are non-refundable. Shipping and Handling Rates are subject to change without prior notice.
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9. Refund and Warranty Policy
9.1 Wireless Traveler Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. Wireless Traveler has no obligation to refund any payments made in advance as set out in these terms. No refunds will be made for unused usage credit. Where Wireless Traveler provides you with free calls or other special offer services no cash alternative will be given.
When purchasing products from Wireless Traveler, the product(s) are warranted from defects in material and workmanship. Should these items fail under normal use during this time period, Wireless Traveler will, at its sole discretion, repair or replace the defective item with a like or similar product. If the unit can not be repaired and a replacement unit is not readily available, Wireless Traveler, at its sole discretion may refund the purchase at the current market price in accordance with its refund policy referred to below. Refunds or credits are not offered when the units may be repaired or a replacement unit is available. This warranty does not cover accident, misuse, abuse, negligence or modification of, any part of the product, including the antenna.
Except for the foregoing the expressed warranty Wireless Traveler disclaims all warranties expressed or implied including without limitation warranties of merchantability and fitness for a particular purpose.
Warranty Period 120 days
Exceptions to Warranty
i) equipment for which payment is not made in accordance with originally agreed upon terms.
ii) equipment specifically offered AS-IS or superseded by other warranty.
iii) equipment, which, in the sole judgment of Wireless Traveler was abused, misused, altered, neglected by the customer or damaged in shipment.
iv) any equipment that is beyond the warranty period.
Company provides no warranties of any kind on the Airtime, Network Service, and availability of network service, its reliability and/or availability or the fitness of the Unit for any particular network.
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10. Returns Policy
10.1 Where customer has purchased Services via our the website, you may cancel the purchase of our Services and return any SIM card and any associated products to us un-used and unopened within 7 days of receipt of the goods by you. Any return of these goods shall be at your cost. If customer wishes to cancel the service to you and return any products to us customer may contact us at customersupport@wirelesstraveler.com.
10.2 Wireless Traveler will not accept returned products if they have been used in any way or if the packaging has been tampered with.
10.3 When Wireless Traveler receives the returned products customer will refund to customer the cost of the products which will be refunded within thirty (30) days.
10.4 Customer is responsible for arranging to return the products to Wireless Traveler at customers own cost. While in customer’s possession, customer must keep the products in good condition. The products must be returned to Wireless Traveler in their original packaging. If customer does not return the products to us, Wireless Traveler reserves the right to charge customer for the cost of recovering the products.
10.5 In any event that any products that are returned for refund and where at Wireless Traveler’s sole discretion agrees to issue a refund, a deduction of a $25 restocking fee per item will be calculated into any amount that Wireless Traveler has allowed to be refunded.
10.6 Shipping and handling costs are non- refundable including and not limited to Saturday delivery, shipments that are refused or are undeliverable due to the incorrect address being provided. If customer’s order was part of a Free or Discounted Shipping Special offer and customer decides to return the product Wireless Traveler reserves the right to charge for the actual shipping amount and deduct that amount from any amount refunded. Shipping and handling charges are non-refundable.
10.7 Free call value is non-refundable and cannot be exchanged for cash.
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11. Terms of Payment
11.1 Wireless Traveler provides Services on a prepayment basis. Should any payment remain outstanding, Customer shall remit such amount within seven (7) days from Wireless Traveler's request. In case of lack of payment without the above period of time, Wireless Traveler may immediately suspend the Service pending remittance by the Customer of such due payment. Failure to make any payment may result in termination of the Services to the Customer.
11.2 Payment shall be considered as effected when Wireless Traveler receives authorization from its credit card processing provider or receives the applicable cleared funds for the full amount due in its bank account.
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12. Suspension of Service
12.1 Wireless Traveler may, whether or not terminating this agreement, immediately suspend all or part of the Services it provides until further notice if:
(i) it is obliged to comply with an order, instruction or request of Government, or emergency services organization, or other competent administrative authority; or
(ii) it needs to carry out work related to exceptional upgrading or maintenance of its facilities where those facilities must cease operation at or about the time; or
(iii) the Customer fails to comply with payment obligations including non payment for services which includes but is not limited to customer’s credit card authorization being declined.
(iv) in order to prevent damage or degradation of Wireless Traveler's contracting party's network integrity which may be caused by the Customer or anyone using the Customer's access; or
(v) for a violation of Wireless Traveler's acceptable use policy or for other behavior that in Wireless Traveler's reasonable discretion may be deemed to be illegal; or
(vi) in order to protect Wireless Traveler, at its sole discretion, from legal liability which relates to a breach of obligation and/or warranties by the Customer.
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13. Warranty and Limitation of Liability
13.1 The Service is provided on an "as is" and "as available" basis and there is no warranty that the Services are or will be free of faults. In the event of a fault, Wireless Traveler, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by the Customer, shall use its reasonable efforts to promptly correct the fault in accordance with standard engineering practices recognized in the industry.
13.2 Wireless Traveler makes no express or implied warranties, representations or endorsements regarding any merchandise, information, products or services provided. An entire fault free service cannot be guaranteed, and that within national and international telecommunications networks faults and errors cannot be excluded.
13.3 Wireless Traveler shall not be liable to the Customers and/or its customers for any direct or indirect loss or damage, loss of opportunity or business or indirect losses whatsoever or howsoever arising (including economic losses or any loss of profit) arising out of or in connection with the performance of its obligations under this Agreement. Without prejudice to the generality of the foregoing, it is acknowledged that the aforesaid exclusion of liability shall extend to any personal injury or death caused on account of the negligence of Wireless Traveler.
13.4 For the avoidance of doubt, under no circumstances shall Wireless Traveler be liable for any direct, indirect or consequential damages, including but not limited to damages that result from the Customer's use of or inability to use any part of the Services or the Customers' reliance on or use of information, services merchandise provided on or through the Service or damages that result from mistakes, omissions, interruptions, loss, theft, or deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
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14. Force Majeure
14.1 Neither party can be held liable for whatever damage incurred by the other party in case the party concerned should not comply with its commitments in connection with the present agreement due to a situation of force majeure.
14.2 Are regarded as force majeure, unexpected circumstances in relation with persons and/or material used or normally used by Wireless Traveler concerned to carry out the present agreement, and which are of such a nature that execution of the present agreement becomes impossible, or burdened and/or disproportionately expensive that punctual compliance with the present agreement cannot reasonably be expected from Wireless Traveler. Are also regarded as force majeure any events beyond Wireless Traveler's reasonable control. Wireless Traveler will not be responsible for loss or damage suffered by Customer as a result of Wireless Traveler's failure to perform its obligations under this Agreement due to force majeure.
14.3 Will be regarded as force majeure, without this list being limited, strikes, company blockades, epidemics, natural disaster and legal or administrative restrictions.
14.4 Should the Force Majeure event exceed a 3 (three) month period the Agreement may be terminated with immediate effect.
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15. Intellectual Property
15.1 Wireless Traveler will grant the Customer a personal and non-exclusive license to use any of the software and documentation regarding the service supplied by Wireless Traveler during the present agreement. Wireless Traveler and its licensors, if any, will always possess the rights, property rights and interests in and in relation with the supplied software and documentation, including any intellectual property rights related thereto.
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16. Data protection and confidentiality
Wireless Traveler undertakes to process customer data with care and to comply with the provisions of the prevailing regulations. Wireless Traveler only collects, stores and processes the data required for the provision, design and development of the service, for handling and maintaining customer relations, operational reliability and infrastructure, and for invoicing purposes. If Wireless Traveler provides services jointly with a third party, in particular calls to networks of other service providers, or if the customer receives services from third parties via the Wireless Traveler network, Wireless Traveler may exchange the customer’s data with such party insofar as such information is necessary for the provision or execution of these services.
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17. Modification of this Agreement
17.1 Wireless Traveler expressly reserves its rights to modify, at any time, parameters of its services as well as these General Terms and Conditions.
17.2 The Customer shall be given notice of any significant changes, modifications, variations on its the Website and the Customer is advised to regularly monitor the Website www.wirelesstraveler.com. The Customer agrees that an appropriate publication on the Website is an acceptable notice.
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18. Governing Law & Language
18.1 This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Michigan, USA.
18.2 The Agreement has been executed in the English language, which language shall be controlling in all respects. No translation, if any, of the Agreement into any other language shall be of any force or effect in the interpretation of the Agreement or in the determination of the intent of either of the Parties.
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19. Complaints
21.1 All formal complaints should be made in writing to customersupport@wirelesstraveler.com or to:
Wireless Traveler
794-A Industrial Court
Bloomfield Hills, MI 48302
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20. Miscellaneous
20.1 Failure by either party to enforce any of its rights under this Agreement shall not be taken as or deemed to be a waiver of that right nor shall it deprive that party of the right to insist on adherence to that term at some other time.
20.2 Wireless Traveler remains free to assign rights and duties contained in this Agreement to a third party.
20.3 The Agreement supersedes any and all other agreements, oral or written, between the Parties with respect to the subject matter hereof. Both Parties acknowledge that they have not entered into the Agreement in reliance on any representation made but not embodied in the Agreement.
20.4 The Parties agree that any terms or conditions in this Agreement which might be ruled by any competent authority as illegal, void, unenforceable or invalid shall be replaced by terms and conditions expressing the stipulations as close as possible to the original terms and conditions by only removing the existing obstacle.
20.5 Our Sim Card based products support voice, data and text services. It does not support MMS (both sending and receiving).
20.6 Wireless Traveler is a trading name of Wireless Traveler LLC
20.7 All legal correspondence shall be addressed to
Wireless Traveler
Corporate Issues Department
794-A Industrial Court
Bloomfield Hills, MI 48302
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