AGREEMENT TO TERMS OF USE
These terms of use (“Terms of Use”) are designed to regulate the relations between you (“You”) and GLOBALCELL EU OOD (“Company” or “We” or “Us”) regarding your use of the Platform and Our Services.
Please note that by accessing the Platform or any part thereof, you acknowledge that you have read, understood, accepted, and agreed to be bound by all the provisions referred to in these Terms of Use. If you do not agree to the Terms of Use, do not access the Platform or use the Services. Please note that these Terms of Use are a legal, binding agreement between You and Us.
At our sole discretion, we reserve the right to change, modify, add or remove any part of these Terms of Use at any time. You are responsible for revisiting and reviewing these Terms of Use from time to time and periodically looking for changes, modifications and additions. You can review the most current version of these Terms of Use at any time on the Platform. Your continued access to the Platform and/or use of the Services following the inclusion of any such change, modification, addition or removal constitutes Your acceptance of the revised Terms of Use. You declare that by accepting these Terms of Use and or using the Services, you are of legal age to form a binding contract with Us and to access the Platform and use the Services. You cannot access the Platform, use the Services, or accept these Terms of Use if you are not of an applicable legal age under the laws of the country in which you reside or from which you use the Services.
DEFINITIONS
“App” – means any of the following: (i) Our proprietary software application under the name “GLOBALCELL” available on different platforms such as Appstore and Google’s Googleplay, through which You may access and use the Services, (ii) a web site compatible with a cellular handset located at www.globalcell.eu and/or any extension such as .asia /.uk/.us/.etc.
“Data Package” – means roaming internet bandwidth (‘data’), offered by Us, based on offers and roaming services provided by Third-Party Providers.
“e-SIM” or “e-SIM technology” – means a subscriber identification module (“SIM”) embedded to Your mobile phone (‘device’) with which You may utilize roaming services and the Services.
“Platform” – means the App and the Site.
“Service(s)” – means Data Packages and eSIM technology, and any other service We might offer through the App or the Site.
“Site” – means Our proprietary web site located at www.globalcell.[extension] through which You may purchase the Services.
“Third Party Providers” – means local and/or global operators of cellular networks and providers of mobile and roaming services, including intermediaries, and any other providers and/or any third parties whose products and/or services and/or contents are offered or displayed on the Platform, partners, agents, subcontractors and other service providers.
REGISTRATION AND LOG-IN
In order to access the Platform and/or use the Services, you may be required to register for the App. We may require you to provide certain personal information as part of the registration process and/or any verification process that might be required by some of the functions in the App.
You warrant that any information You provide as part of the registration process will be true, accurate and up to date. All information provided as part of the registration process is covered by Our.
If You use an email and/or password to log in to the Platform, it is Your sole responsibility to memorize or save the password in a secure place.
Registration might also be possible via your account with Facebook, Google, or Apple identification. By using your social network login, you understand that we will have access to information from Your Facebook, Google, or Apple Account.
You must not share your login information, and you must ensure that It is kept confidential.
THE SERVICES AND PAYMENT
To use the Services, you have to choose the desired Data Package from the various Data Packages available on the Platform. You can choose the best data package that suits you according to your destination and needs. The Services may only be used in the countries listed in the purchased Data Package. Subject to the Terms under these Terms of Use – The designated Data Package will contain a specific data capacity. It will be available for You for a specified period of time as prescribed in the Platform.
Once you choose Your Data Package and register in the App, you must purchase the desired Data Package and an e-SIM and have the e-SIM embedded in your device via a QR code provided to You. It is your sole responsibility to ensure that your device fully supports and is compatible with e-SIM technology.
The Services are only provided on a pre-payment basis, and once You have exhausted Your Data Package, you will have to purchase another Data Package. If You do not utilize the whole Data Package until the end of the specified period of time of such Package, the Data Package will expire, and You will not be entitled to any refund.
The default transaction currency for Services shall be the Euro.
Available payment options are displayed on the Platform.
It is clarified that payments are not collected by Us directly. Collection of payments from You is made by a financial company and/or a clearing company as may be designated by the Company from time to time; all payments are subject to their terms of use and service availability. Any purchase made by You will only become effective after receipt of approval from the financial company and/or the clearing service provider that payment was made and collected. If payment is not collected and/or the said approval is not received on time, any given purchase shall not be valid, and You will not have the right, claim or demand with respect to any such purchase.
CANCELLATION POLICY
To the maximum extent permitted by any applicable law, any payment made with respect to any given purchase of any Services(s) is non-refundable, and such transaction is non-cancelable, even if no use was made of any such Services(s), unless the cancellation is expressly permitted under mandatory provisions of the Consumer Protection Regulations (cancellation of a transaction regulated by “The Consumer Protection Law”). Accordingly, it is clarified that the purchase of any Services(s) can only be cancelled in accordance with and subject to those provisions of The Consumer Protection Law, the application of which is mandatory and cannot be conditioned. For clarification purposes and the avoidance of doubt, other than in accordance with a provision of The Consumer Protection Law concerning the cancellation of a purchase of services, the application of which is mandatory and cannot be conditioned, it is not possible to cancel the purchase of any Services(s).
Without derogating from the generality of the foregoing, given the nature of the Services(s), once You embed the e-Sim in Your device (via scanning the QR code), the Services(s) are deemed to be provided and available to You, and from that point, the transaction can no longer be cancelled.
RESTRICTIONS ON ACCESS AND USE
You may not use the Platform nor the Services in any way which may: (a) violate any applicable law, regulation, by-law, code or order of any governmental body having jurisdiction; (b) be defamatory, obscene, pornographic, misleading, deceptive, fraudulent, unlawful, abusive, hateful, libelous, or otherwise inappropriate; (c) violate any intellectual property rights, right of privacy, right of publicity or any other right of any third party.
You shall not use the Platform, the Service, or any portion thereof except as expressly permitted under these Terms of Use.
You shall not (i) copy, modify or create derivative works based on the Platform or the Service or any portion thereof; (ii) reverse engineer, compile, decompile, decrypt, disassemble or attempt to derive the source code of the Platform or the Service; (iii) transfer, sublicense, sub-distribute, lease, assign, lend, resell, distribute, rent or otherwise redistribute the Platform or the Service or any portion thereof to any third party, (iv) remove or alter any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels appearing on or in the Platform or the Service, (iv) circumvent any controls or security measures of the Platform or the Service or any portion thereof.
You covenant and agree that your use of the Platform and the Services shall be consistent with these Terms of Use and with all applicable laws and regulations. Without limiting the generality of the foregoing, you shall not fraudulently use the Platform or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.
Note! To use the Services, your device must be open to all operators. Please note that various Third-Party Providers block or disable devices in a way that may not enable you to use the e-SIM purchased from the US. It is your sole responsibility to ensure that your device is not blocked from foreign operators before purchasing any of the Services from us.
In any such case, there will be no refund, and you will not have any claim.
ADMINISTRATION
We reserve the right to edit and modify the Platform and the Service, to change any part of the Platform, including its content, at any time, add or remove features, suspend, limit or stop a particular function on the Platform altogether, for any reason, at Our sole discretion, without notice to You and without liability whatsoever.
We do not guarantee the continuous availability of the Platform, the Service, or any content or information therein.
Furthermore, note that We may, from time to time, perform maintenance activities during which the Services may not be available for use or which may cause degradation of Service.
MONITORING
We reserve the right to monitor your use of the Platform and the Service. Such monitoring shall not impose any liability on Us or derogate from Your obligations, responsibilities, and liabilities hereunder.
THIRD-PARTY PROVIDERS; THIRD-PARTY POLICIES
Note—the mobile and roaming services are provided by Third-Party Providers. We distribute the Services subject to and based on agreements we have with such Third-Party Providers. We do not own, create, provide, control, deliver, or supply any local or international mobile or roaming services of our own.
Furthermore, Third-Party Providers’ services are governed by their own terms and policies, which you can review on each provider’s website. We may provide a link to the websites of relevant Third-Party Providers on the Platform.
The purchase of the Services by You creates an additional agreement between You and the Third-Party Providers that, should You choose to accept, shall additionally include such Third Party Provider’s terms and use and privacy policy prior to the usage of the Services that were purchased by You. We are not a party to this additional agreement.
You agree and acknowledge that any of the Third Party Providers may temporarily or permanently suspend the delivery or rendition of any mobile and/or roaming services on their network or in a specific country or destination at their sole discretion and without providing prior notice. We disclaim any liability or responsibility concerning any such suspension. In any such event, you shall not have a proper claim or demand concerning any such suspension and/or consequences.
You further agree and acknowledge that any of the Third Party Providers may, at any time and at their sole discretion, without giving any prior notice, modify any Services purchased by You, including, without limitations, concerning Data Package’s price, capacity and/or duration. We disclaim any liability or responsibility relating to any such suspension. In any such event, You shall not have the right, claim or demand concerning any such modification and/or any consequences thereof.
SUPPORT
If you encounter a material problem with the Service, you may raise it through the web page or within the App, and we will make commercially reasonable efforts to respond.
THIRD PARTIES ADVERTISEMENTS
The Platform may contain advertisements from various advertisers. You understand and agree that it is possible that the display of advertisements on the Platform may be based on your habits of using the Platform and/or on information or personal details that You have provided and/or that are available due to your registration to the Platform. You waive any claim with respect thereto. You further understand and agree that We do not endorse the products and/or services promoted by these advertisements and have no responsibility for the content, products and/or services offered. Any business or other engagement between You and any third-party advertiser or any third party whose products or services are promoted by such advertisements is at Your own risk and expense.
LINKS
The Platform may contain links (hyperlink) to and from other sources of information and content found on sites on the Internet, external to the Platform. We do not control or supervise the information published on external websites. The fact that the Platform might link to websites and content found on the Internet does not indicate Our agreement, either explicitly or implicitly, to their content. It does not constitute a guarantee for their reliability, legality, compliance with privacy legislation and any other aspect.
Entering such links is at Your own risk. The information found on the linked sites is the sole responsibility of the owners of the linked sites. Therefore, we are not responsible for any loss, damage, or loss, direct or indirect, caused by relying on information provided within the linked websites or using it.
DISCLAIMERS; NO WARRANTIES
Since third-party providers provide mobile and roaming services, we cannot warrant or guarantee that the Services are of good quality, suitable, or deliverable. Therefore, we disclaim any liability arising from the performance, including failure, in any third-party Provider’s networks.
Furthermore, we don’t promise that the Platform or any service provided through or any feature of the Platform will be error-free or uninterrupted or that Your use of the platform will provide specific results.
The Services, the platform, its content and any other service or feature offered are delivered on an “as-is” and “as-available” basis. To the extent permitted by law, we make no warranties, express or implied, concerning the Services, the platform or any other service, including Third-Party Provider’s services provided therethrough. We expressly disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose or function. We disclaim any liability for the acts, omissions and conduct of any Third-Party Provider in connection with or related to Your use or non-use of, or inability to use, the Platform or the Services. You assume total responsibility for Your use of the Services, the Platform and any service therethrough.
Your sole remedy against Us for dissatisfaction with the Services, the Platform or any part thereof is to stop using the Platform or any service. This limitation of relief is a part of the bargain between You and Us.
For the purpose of this clause, the term “We” or “Us” also includes any of the Company’s affiliates, directors, employees, agents, subsidiaries, successors, assigns, and licensors.
LIMITED LIABILITY
To the fullest extent permitted by law, We shall have no liability for any losses or damages whatsoever, arising out of or in connection with Your use of or inability to use the Platform or any service (including the Services) or content therein, or any service therethrough, including without limitation direct loss, Indirect and or consequential loss, loos of profits, loss of business, loss of opportunity, (whether or not such loss was foreseeable, arose in the ordinary course of things or that We or any third – Party Provider has been advised of the possibility of such potential loss), damage caused to Your computer, computer software, cell phone, systems and programs and the data thereon or any direct or indirect, consequential or incidental damages, nor damages for interruption of business, procurement of substitute goods, loss of profits, or the like regardless of the form of action whether in contract, tort (including negligence), strict product liability or any other legal or equitable theory even if We or any Third-Party Provider, as applicable, has been advised of the possibility of such damages.
Notwithstanding any other provision, our aggregate, cumulative, total liability for all claims against Us arising out of, related to, or connected with the use of, or inability to use, the Platform or the Services or any content or information therein is limited to the amount You actually paid to the Company for the Data Package you purchased from Us under these Terms of Use.
For the purpose of this clause hereof, the term “We” or “Us” or “Our” also include any of the Company’s affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.
INDEMNITY
You agree to indemnify and hold Us, Our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any loss, damage, liability or expenses (including attorneys’ fees), resulting from 1) any violation by You of any provision in these Terms of Use or arising out of any claim that You have breached any provision of these Terms of Use; 2) Any claims made against Us by any third party due to or arising out of or in connection with Your use of the Platform or any Service therein.
PRIVACY
Your privacy is important to Us. To see how We collect, manage, process, secure, and store Your private information, please refer to Our Privacy Policy, which is an integral part of these Terms of Use and incorporated herein by reference. We recommend that You read the Privacy Policy before using the Service. By accessing and/or using the Platform or the Service You represent, you have read the Privacy Policy, understand it, accept it and agree to abide by its terms.
TERM AND TERMINATION
These Terms of Use shall be binding upon You as long as You access or use the Platform and/or the Services.
We reserve the right, exercisable at Our sole discretion, with or without notice, to: 1) modify, suspend or terminate operation of or access to the Platform or the Services, or any portion thereof, for any reason; 2) suspend or terminate Your access to or use of all or part of Platform or the Services, for any reason, including, without limitation, for suspected breach of these Terms of Use, illegal or improper use of the Platform or the Services, or illegal or improper use of the Platform or Our intellectual property as determined by Us at Our sole discretion, all without responsibility or liability on the part of the Company for any damage that may result from the foregoing, including any responsibility to refund purchases made through the Platform in the case of violation of these Terms of Use.
You acknowledge that the Company is not required to provide you with notice before suspending or terminating your access to the Platform or the Services. In the event that the Company terminates your access, you may not participate in or use the Platform without the Company’s express consent, if any.
The provisions of these Terms of Use shall survive any termination or expiration thereof, including without limitation, the warranty disclaimers, limitation of liability and indemnity provisions.
TITLE AND OWNERSHIP
As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, non-assignable, revocable, limited license to access and use the Platform and the Services.
Except to such limited license, all intellectual property rights and any other proprietary rights in the Platform and the Service, and any software, hardware, systems, materials (whether tangible or intangible) including, but not limited to, applications, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement, and equipment comprising, or which are used by us in the Platform and or to render the Service are owned by us or by Third – Party Providers, exclusively, and are protected by applicable copyright and trademark laws.
You shall not engage in any act or omission that would impair the intellectual property rights of the Company or any of the Third-Party Providers in the Platform or the Services or any part thereof.
GOVERNING LAW AND JURISDICTION
These Terms of Use and Your Use of the Platform and the Services are governed by the laws of Bulgaria. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have against Us or arising out of, related to or connected with the use of or inability to use the Platform or the Services or any content or information therein must be filed by You within one (1) month after such claim or cause of action arose or be forever barred.
MISCELLANEOUS
If any of these Terms of Use are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms of Use, and the remaining terms will continue to apply. Failure by Us to enforce any of the requirements set out in these Terms of Use shall not be construed as a waiver of such provisions. It shall not affect the validity of these Terms of Use or any part thereof or the right thereafter to enforce every provision.
