TERMS AND CONDITIONS OF SALE OF TRAVELDATASIM.NET PRODUCTS AND SERVICES
1. Customer bound by Terms and Conditions
1.1 Your purchase and/or use of TravelDataSim.net Products and/or Services and your subscription to the TravelDataSim.net Website are governed by these Terms and Conditions. By purchasing and/or using a TravelDataSim.net Product or TravelDataSim.net Service or subscribing to the TravelDataSim.net Website you agree to be bound by these Terms and Conditions.
1.2 These Terms and Conditions may be amended by TravelDataSim.net at any time. Where such amendments are made TravelDataSim.net will provide the amended Terms and Conditions on the Website.
1.3 If there is any inconsistency between these Terms and Conditions and the details of any request and/or order made by you for the purchase of TravelDataSim.net Products and/or Services, then these Terms and Conditions will prevail to the extent of such inconsistency.
2. Interpretation
2.1 In these Terms and Conditions:
2.2 ‘Philippine Consumer Act’ means the “Republic Act No. 7394 THE CONSUMER ACT OF THE PHILIPPINES”  as amended from time to time.
2.3 ‘Products’ means any and all products purchased by you from the TravelDataSim.net Website or a third party to whom TravelDataSim.net has supplied the products for resale including but not limited to TravelDataSim.net SIM cards and credits;
2.4 ‘Services’ means any and all services provided to you through the TravelDataSim.net Website or by TravelDataSim.net in connection with the purchase by you of a TravelDataSim.net Product;
2.5 ‘Website’ means www.traveldatasim.net ;
2.6 ‘You’ means the purchaser and/or user of TravelDataSim.net Products and/or TravelDataSim.net Services and/or the TravelDataSim.net Website.
3. Mobile device requirements
3.1 Before purchasing and/or using any TravelDataSim.net Product you must ensure that your mobile device is unlocked and is network compatible for the countries in which you wish to use the TravelDataSim.net Product.
3.2 TravelDataSim.net will not provide a refund or replacement Product if any Product you order from TravelDataSim.net does not work because the mobile device you are using it with is locked or incompatible.
4. Network Availability
4.1 You acknowledge that TravelDataSim.net SIM cards are designed to enable your unlocked compatible mobile device to access various telecommunications networks around the world and that those telecommunications networks are provided by third parties not associated with TravelDataSim.net.
4.2 Whilst TravelDataSim.net makes every effort to ensure consistent and ongoing availability of all the telecommunications networks which TravelDataSim.net SIM cards are designed to connect with TravelDataSim.net does not guarantee that any telecommunications network will be available at any given time or for any given duration.
5. Prices
5.1 Unless otherwise stated, all prices published by TravelDataSim.net are inclusive of Goods & Services Tax and other taxes or charges that may be relevant.
5.2 Rates and charges of the Service may change. Rates and charges which are applicable at any given time will be displayed on the Website and it is your responsibility to check any rates which are relevant for you and your use of the Products or Services.
6. Shipping
6.1 If you order a Product before 1:00pm Philippine Time (GMT +8) TravelDataSim.net will use all reasonable endeavors to dispatch such Product within 48 hours of your order being made (excludes weekends and public holidays and instances where dispatch is delayed due to the conduct of a fraud check by TravelDataSim.net).
6.2 If any item, you have ordered is out of stock we will contact you within 48 hours to notify you of this and provide you with an estimated delivery date. If the revised delivery date is unacceptable to you, you may cancel your order and any funds paid by you towards that order will be refunded to you.
6.3 Once Products you have ordered have been dispatched you will be notified via email.
7. Damaged goods
7.1 If you receive a Product which appears to have been damaged in transit you should leave it in its packaging.
7.2 If you wish to have a damaged Product replaced, you must notify TravelDataSim.net within 3 days of receipt of the Product that the Product was damaged prior to receipt by you. TravelDataSim.net will then advise you of any steps you must take so that a replacement Product can be provided to you.
7.3 TravelDataSim.net will be responsible for any cost associated with the return of damaged Products and will reimburse you for any such costs you incur provided that such costs are approved by TravelDataSim.net prior to being incurred.
8. Incorrect goods
8.1 If you receive a Product and it is not the Product you ordered you must notify TravelDataSim.net within 3 days of receipt of the Product so that TravelDataSim.net may arrange for the incorrect Product to be exchanged for the correct Product.
8.2 TravelDataSim.net will be responsible for any cost associated with the exchange (including postage) and will reimburse you for any such costs you incur provided that such costs are approved by TravelDataSim.net prior to being incurred.
9. Faulty goods
9.1 If there is a fault with a Product provided to you by TravelDataSim.net that is not the result of your improper use of the Product or you attempting to use the Product with an incompatible mobile device or a telecommunications network being unavailable as contemplated by clause 4:
(a)

 

you are entitled to return the product to TravelDataSim.net and request TravelDataSim.net to provide you with a refund or replacement Product;
(b) if you wish to return the Product you must within 7 days of receipt of the Product notify TravelDataSim.net of the fault, that you intend to return the product and whether you wish to receive a replacement Product or a refund;
(c) upon receiving such notice from you TravelDataSim.net will provide you with a Return Authorization Number which you must include with the Product when you return it to TravelDataSim.net along with a letter setting out details of the fault and a copy of your purchase receipt;
(d) within 7 days of receiving the returned Product provided that TravelDataSim.net is able to verify that the details of the fault are valid TravelDataSim.net will arrange for a replacement Product or refund to be provided to you;
(e) you are responsible for the cost of returning the Product to TravelDataSim.net but will not be charged for the cost of TravelDataSim.net providing you with a replacement Product;
10. Activating your Product
10.1 Some TravelDataSim.net Products require user activation and if you have a TravelDataSim.net Product which requires user activation, such activation is your responsibility and TravelDataSim.net will not provide a refund or replacement Product in the event that you fail to activate your Product.
11. Account Balance
11.1 It is your responsibility to ensure your SIM usage is maintained at a level which enables you to access the Services and/or features you require. Services and/or features will not be available once your Sim expires.
11.2 TravelDataSim.net may offer multiple and various methods to recharge your account balance however TravelDataSim.net may at any time for any reason terminate a particular method, in which case you will be required to use an alternative method.
12. Credit and Service Expiry
(a)

 

The validity period of your credit will vary depending on the type of recharge/top up you purchase.  Each recharge/top up amount will specify the validity period.  The date on which the validity period ends is the credit expiry date. Some type of SIMs cannot be recharged/topped up.
(b) If you purchase additional recharge/top up before the credit expiry date, your new expiry date will be the expiry date of your new recharge/top up.
(c) If you do not purchase additional recharge before the credit expiry date, your Service will enter a recharge only period.  If you do not recharge by the end of the recharge only period, your Service will be terminated and your number will be reallocated to another customer.
(d) TravelDataSim.net will not refund any unused credit / service.
13. Description of Services
13.1 Whilst care is taken to ensure that the descriptions of Services on the TravelDataSim.net Website are accurate, the Services are regularly changed, upgraded and on occasion removed and TravelDataSim.net cannot guarantee the accuracy of such descriptions.
13.2 TravelDataSim.net is not liable for any loss or harm which may arise directly or indirectly from any omissions, errors or changes relating to the description of any Merchandise or Services.
14. Release and Indemnity
14.1 To the extent permitted by the law, you agree to release and hold harmless, TravelDataSim.net and its current and former officers, agents and employees and associates, located here or abroad, against and from all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your purchase and/or use of TravelDataSim.net Products or Services or Website (including but not limited to your inability to access or use the TravelDataSim.net Website, Products or Services or any network associated with the TravelDataSim.net Products, Services or Website in any location) even if caused or contributed to by TravelDataSim.net’s or its current or formers officers, associates, agents or employees negligence, breach of duty or otherwise.
14.2 In the event that clause 14.1 is for any reason held unenforceable or inapplicable, you agree that TravelDataSim.net’s aggregate liability will not exceed any sums paid by you for the purchase and/or use of TravelDataSim.net Products, Services or the TravelDataSim.net Website.
15. Consumer Act of the Philippines
15.1 To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on TravelDataSim.net are excluded under these terms and conditions.
15.2 If a supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the “Consumer Act of the Philippines”, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the “Consumer Act of the Philippines”, provided that, to the extent that the “Consumer Act of the Philippines” permits TravelDataSim.net to limit its liability, then TravelDataSim.net ‘s liability shall be limited to
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
16. Reservation of TravelDataSim.net `s rights
16.1 TravelDataSim.net may at any time with or without prior notice:
(a)

 

restrict, suspend, or terminate your access to or right to use all or any part of the Website or Services if in the reasonable opinion of TravelDataSim.net such restriction, suspension or termination is necessary; or
(b) establish rules and policies for the use of the TravelDataSim.net Products, Services or Website with which you must comply.
17. Third Party Sites, Products and Services
17.1 The Website provides access and contains links to third party internet sites, products and services that TravelDataSim.net believes may be of interest or benefit to you. Your use of any such sites, products or services is at your own risk and TravelDataSim.net is not liable for any loss or damage, of any nature, which you may suffer as a direct or indirect consequence of such use.
18. Use of Information
18.1 You consent and authorize TravelDataSim.net to collect, use and disclose your personal information for the purposes of providing you with any Products or Services or Website subscriptions which you have ordered. TravelDataSim.net will collect, use and disclose your personal information in accordance with TravelDataSim.net’s Privacy Policy which can be viewed on the TravelDataSim.net Website.
18.2 You consent to information which you have provided to TravelDataSim.net or a third party from whom you purchased a TravelDataSim.net Product or Service being used by TravelDataSim.net or any of its related bodies corporate for the purpose of informing you about offers and promotions which relate TravelDataSim.net or its Products, Services or Website.
18.3 Upon request by you and to the extent permitted or required by law, TravelDataSim.net will provide you with access to and/or the ability to correct your personal information.
19. Events beyond control
19.1 TravelDataSim.net is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, Government regulations or changes in itinerary or schedule.
20. General
20.1 The Terms and Conditions are governed by and will be construed in accordance with the laws of Caloocan City, Metro Manila Philippines.
20.2 Nothing in these Terms and Conditions affects any rights you may have and which by law cannot be excluded, including under the “Consumer Act of the Philippines”.
20.3 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.