Terms & Conditions

Terms and Conditions
 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

If you have any questions please send an email to: info@mobipassport.com
 

Or in writing to:

Mobi Passport
P.O. Box 89
BANNOCKBURN, VIC, 3331
AUSTRALIA

ABN: 79154612094
ACN: 154612094


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Mobi Passport Pty Ltd. The collective work includes works that are licensed to Mobi Passport. Copyright 2015, Mobi Passport ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Mobi Passport or purchasing Mobi Passport products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Mobi Passport or to purchase Mobi Passport products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Mobi Passport. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Mobi Passport used in the site are trademarks or registered trademarks of Mobi Passport

Application of Terms
Terms may be changed from time to time, any change is binding when published and this includes changes of rates charged or changes (including withdrawal) of services. By continuing to use the Mobi Passport systems or SIMs after publication you have accepted the new terms.  We provide mobile communications within the requirements of PAYG (prepaid) services and by submitting an order for services or by using or purchasing any of the Mobi Passport services, the Customer confirms that they have accepted and agree with the Mobi Passport terms and conditions and each use of the services, systems or SIMs is a repeated confirmation of acceptance of the terms published at the date of that usage.

Expiration of SIM Card and Credit
Effective July 1st,2016 the duration of the Mobi Passport SIM card’s validity is 90 days from date of last use.  Provided the SIM Card is used every 90 days, it has unlimited validity.  In the case of the SIM card not being used for 90 days, or the balance not being refilled after falling below the minimum threshold, the prepaid card will be deactivated and any remaining balance as well as the included USA number forfeited. If deactivation occurs, the Contractual relationship between Mobi Passport and the Customer for that account will be deemed terminated. No right of balance refund will be given in the event of deactivation.  A card may be reactivated to your account and a new USA number assigned at no charge by sending an email to support@mobipassport.com.

Prepayments and Your Account Balance
The Customer is required to make prepayments for receiving the services by purchasing the voice/data credit through the user account linked to the SIM.  Mobi Passport SIM delivers goods and renders services on condition of prepayment only.  The payment shall be considered executed when the sum of money to be transmitted by the Customer has been finally cleared by Mobi Passport SIMs account.  Funds will be debited to the User Account Balance account when you use the phone or when charges are received by or notified to Mobi Passport or as soon as reasonably thereafter.  The user must maintain a minimum balance of US$1.00 in order to make and receive calls. In the event that pre-payment is exhausted or falls below the minimum balance, Mobi Passport has the right to suspend the service.  All active prepaid connections are terminated immediately when the balance runs out ( i.e. the Customer will no longer be able to SMS, make calls or receive calls or log on to any data network).   All charges from the users account shall be taken in accordance with the prices listed from to time on the site. Separate charges may be taken depending on the services requested.  Mobi Passport SIM allows the Customer to verify or check their prepaid account balance under process explained on the website; however these are only indicative balances as there may be charges incurred that have not be applied to your account at the time you check your balance.

Tariffs and Charges
Effective from 1st July 2016, there will be a monthly service charge of $2 per SIM if the SIM is not used within the last 30 days.  The charge will be applied on the 1st day of the month if there has been no usage costs such as voice call, sms sent or data session incurred for the preceding month.  Subject to suitable balance of funds on the account, the Customer may be permitted by Mobi Passport at its entire discretion to use voice and VoIP communications, SMS, data and personal hotspot connections through the international mobile networks.  The Customer can receive information regarding changes in prices for the Mobi Passport SIM service by regularly visiting the website www.mobipassport.com.  All the tariffs and prices current rates, tariffs and prices for appropriate services and goods indicated are on the website at www.mobipassport.com and are binding on the Customer on publication.  If the Customer continues to use the services delivered by Mobi Passport SIM after publication of new prices in the website, it shall be deemed that the Customer has agreed and accepted the new rates and prices.  Telephone voice communications are charged per minute and the time is rounded up to the next full minute.  When using the Mobi Passport SIM call-back system, Mobi Passport VoIP or Mobi Passport local number, all connected calls will be charged at the advertised rate on the site for that day. A connected call includes any call connected to your phone, including calls that are connected to a busy recipient. If your phone is not connected to, there will be no charge.  Incoming calls will be charged at the advertised rate.  SMS communication is based on 150 characters per message any messages over 150 characters will be sent and deemed as 2 or more SMS messages and standard SMS charges will apply.  Data communication will be charged at a minimum rate of 50KB per download.  Any extra numbers (number upgrades or local numbers) that the Customer has ordered on top of their free primary number will be charged a monthly fee and may also be subject to an initial set up fee as set forth in the tariffs.
 

Numbers
When the Customer purchases the Mobi Passport SIM card they are also provided with one free US number.  There may be separate monthly or annual charges for any additional telephone numbers in addition to the charge for the SIM.  Numbers remain the property of Mobi Passport at all times and, subject to any contrary provision of law or regulation, will be retained by Mobi Passport at the end of any contract.  Mobi Passport reserves the right at its discretion and at any time to withdraw the number provided to the Customer and to provide a replacement number to the Customer.
 

Changes in Service and Failures in connectivity
Mobi Passport does not accept liability for any failure of any telephony or communications operators to validate the SIM or local phone number or provide connectivity.  Mobi Passport may change or withdraw service at any time without prior notice.
We may also terminate or suspend any service threatening security of our systems or being used or threatened to be used for unlawful purposes.  

Theft, Abusive Calls and Blocking
In case of theft or loss of the Customer’s SIM card, the Customer shall remain liable for all calls made until Mobi Passport is notified of the theft or loss by the Customer and the SIM is terminated.  In case of theft of or damage to the Customer’s SIM card, Mobi Passport SIM shall not be obligated to provide compensation or reimbursement to the Customer for any prepaid services.  Mobi Passport can block the SIM card from further use only upon receipt of notification from the registered Customer.  In the event of abuse of any other user of telecoms or communications networks by a Mobi Passport user, Mobi Passport may block the relevant Mobi Passport user and no right of compensation shall arise in such circumstances.  If the SIM card has been lost or stolen, the Mobi Passport SIM may at their discretion transfer the remainder of the current balance to a new SIM card after blocking the old SIM card.

Liability and Force Majeure
Mobi Passport shall not be responsible for any delays as the result of failure of the roaming partners to perform their obligations if such delays or failures are caused by reasons beyond the control of the Mobi Passport.  Instances of such reasons are power outages and unpredictable and unavoidable events beyond any control of Mobi Passport and circumstances for which Mobi Passport is not responsible, these are wars, acts of God, strikes, industry regulations, telecommunication networks failures that shall make Mobi Passport exempt from all liabilities and obligations to render services for the period of their duration. Should such failures last for a time longer than two weeks then either of the Parties can terminate the current Contract.  The performance and quality of mobile services may be at certain times and locations influenced by radio signals, atmospheric and geographical conditions, technical and operational reasons (maintenance work, repairs, reaching the limit of power, power outages). The temporary shortages, downs, limitations or interruptions of services may occur due to emergencies and disasters or because of Force Majeure circumstances (including strikes, floods and fires). In such cases, the delay or loss of service is not deemed to be the default of Mobi Passport, nor is the Customer eligible for reimbursement of charges or damages, reduction of prices, or any other claim against Mobi Passport.  Mobi Passport shall not be responsible for or liable for any delays or default of roaming partners, if such delays and defaults caused by reasons beyond the control of Mobi Passport, nor shall Mobi Passport be responsible for the accuracy of the content or completeness of the content (information) obtained through the services of third parties.
Mobi Passport shall not be responsible for or liable for any delays or default or failures of goods delivered by third parties including independent contractors.
 

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Mobi Passport disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mobi Passport does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Mobi Passport does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Mobi Passport shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Mobi Passport has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
 

Typographical Errors
In the event that a Mobi Passport product is mistakenly listed at an incorrect price, Mobi Passport reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Mobi Passport reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Mobi Passport shall issue a credit to your credit card account in the amount of the incorrect price.


Term Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Mobi Passport without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Mobi Passport may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Mobi Passport.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Mobi Passport products) shall be in the state or federal courts located in Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Mobi Passport products) must be commenced within one (1) year after the claim or cause of action arises. Mobi Passport's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Mobi Passport may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Mobi Passport or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Mobi Passport does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Mobi Passport is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Mobi Passport reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Mobi Passport in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Mobi Passport, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Mobi Passport may link to sites operated by third parties. However, even if the third party is affiliated with Mobi Passport, Mobi Passport has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Mobi Passport. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Mobi Passport seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Refunds, Returns and Cancellations

Order cancellations can be made at anytime before your order is shipped.
Returns or exchanges will be accepted within 30 days of delivery and will not include refund of any incurred shipping costs.  In case you are shipping something back to us, as a return/exchange you will need to pay for shipping. We do not have 'free return shipping' policy.  Requests for refunds for any unused account balance must be made within 30 days of the top-up pruchase.

CONTACT

  • info@mobipassport.com

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