1. eMobileRoaming, a division of eMobile Inc. is a provider of international mobile telecommunications services. These General Terms and Conditions (GTC) govern all aspects of the relationship between eMobileRoaming and its customers. By using the services provided by eMobileRoaming, the customer is deemed to have accepted these GTCs. eMobileRoaming reserves the right to modify these GTCs and any other contractual provisions at any time. These will be posted on the eMobileRoaming website, www.emobileroaming.com.
2. While we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and You agree to accept the service "as is". We reserve the right to suspend the service for technical, operational or other reasons. eMobileRoaming reserves the right to withdraw this service and any additional services at its sole discretion.
3. The service is provided on an "as is" basis, and your use of the service is at your own risk. eMobileRoaming does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. eMobileRoaming does not warrant that the service will be uninterrupted, error-free, or completely secure.
4. We reserve the right to make changes to these terms and conditions. You should check the eMobileRoaming website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting You directly. If You do not notify us within 30 days of a change then You will have been deemed to accept this change to this Agreement.
5. Under no circumstances and under no legal theory (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall eMobileRoaming be liable for any damages you may suffer from or in connection with your use of, or inability to use, eMobileRoaming s network or equipment, or the service, including the inability to make "911", "E-911" or other emergency service calls. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if eMobileRoaming has been advised of, or is aware of, the possibility of such damages.
6. Because some states or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then eMobileRoaming s maximum liability for any type of damages with respect to eMobileRoaming's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to eMobileRoaming hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
7. eMobileRoaming does not and cannot control the quality of other parties networks to which eMobileRoaming must interconnect. Therefore, eMobileRoaming disclaims any and all liability that may arise from the performance, including failure, of other parties networks.
8. These Terms and Conditions and additional terms and conditions as explicitly identified on the eMobileRoaming website constitute the entire Agreement between You and eMobileRoaming. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.
9. eMobileRoaming will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labour shortage or dispute, governmental act or failure of any third-party service or network.
10. You and eMobileRoaming understand that the Federal Communications Commission, other state regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on eMobileRoaming, eMobileRoaming is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers.
11. eMobileRoaming has the right to cancel or change any phone number without compensation when it is required for operational or technical reasons or a result of regulations.
12. Our network will allow the display of your eMobileRoaming number on receiving devices. If You do not want to display your CLI (Caller Line Identification)please notify us in writing to support@emobileroaming.com
13. eMobileRoaming’s current pricing is published on its website, www.emobileroaming.com or they may be obtained by contacting eMobileRoaming at Block D, Old Farm Office Park, 881 Old Farm Road, Faerie Glen, Pretoria, Gauteng, South Africa, 0081. Because of fluctuating exchange rates and other market factors, eMobileRoaming reserves the right to revise its pricing without notice. It is the customer’s responsibility to obtain the latest information.
14. In the unlikely possibility that eMobileRoaming is determined to be grossly and/or willfully negligent, its liability is limited to the purchase value of the services provided in the preceding 12 months up to a maximum of $108 CDN. eMobileRoaming will not be liable for damages from simple negligence. Under no circumstances will eMobileRoaming be held liable for loss of profit or loss of information or any other consequential loss. eMobileRoaming will not be considered a party to any third party transactions using its services.
15. eMobileRoaming assumes no liability for the consequences of the potential electromagnetic interference of its cell phones with the operation of devices like pacemakers or hearing aids. The customer is responsible for identifying and following the appropriate safety measures indicated by the manufacturers of the equipment eMobileRoaming provides.
16. The customer must obtain prior written approval from eMobileRoaming for the transfer of any contractual obligations to a third party. eMobileRoaming may transfer contracts to a third party without the consent of the customer.
17. The customer is obligated to use the services provided by eMobileRoaming in accordance with the contract and with the law. The customer is responsible for protection of his passwords and for the unauthorized usage of any services such as calling premium numbers. In particular the customer is obligated to ensure legal and appropriate use of any cell phone provided by eMobileRoaming. The customer shall inform eMobileRoaming immediately of any unauthorized use of its equipment or services.
18. The customer is responsible for the content of any information, which utilizes eMobileRoaming’s services. eMobileRoaming’s service shall not be used for criminal activities. In the event that eMobileRoaming justifiably determines or is notified by a competent authority of unlawful use of its services, eMobileRoaming may suspend service and/or invalidate the SIM card without notice and compensation.
19. Reselling of services to a third party shall void the contract between the customer and eMobileRoaming, unless prior written approval by eMobileRoaming.
20. If the SIM card is idle (no incoming or outgoing calls) for a period of 10 months, it will be deactivated without prior notice. Any outstanding balance as well as the phone number may be lost without compensation. This period of time may vary by product and/or country.
21. In very unusual cases, in order for eMobileRoaming to provide continuity of the Service, it may be necessary to port your "eMobileRoaming Number," which means moving it from one of eMobileRoaming s suppliers to another. By agreeing to these terms and conditions you expressly agree to port your number as and when directed by eMobileRoaming. eMobileRoaming will issue You all necessary documents and otherwise assist You with the process and cover any associated porting charge. In some circumstances we may need to change your eMobileRoaming Number including but not limited to, if required to do so by Law or legislation, by agreeing to these terms and conditions you expressly agree that we can do this.
22. Although there is an option to disable or enable the display of the caller’s number, this may not be technically possible, particularly for calls to or from a third-party network or for SMS.
23. This contractual relationship shall be subject to the application of Ontario law. The exclusive place of jurisdiction for all disputes arising out of or in conjunction with these GTCs shall be the province of Ontario, Canada, subject to mandatory places of jurisdiction under federal law.
