United Wi-Fi Pass Terms and Conditions

1.   SERVICES

The United Wi-Fi Pass Service (the "Service") refers to the wireless connectivity service provided by United Global SIM Australia Limited (ABN 49 610 038 509) ("United" or “We”) which enables Internet connectivity from time to time from a range of a selected Wi-Fi hotspot (“Wi-Fi Hotspot”).  The Terms and Conditions of this Service and any other rules or policies posted on the United Global SIM Web Site, the United Wi-Fi App (“App”) or referred to in this Agreement set forth the legally binding terms governing your use of the Service and the App ("Agreement"). Please read this Agreement carefully before using the Service as this forms a legally binding agreement between you and United. By creating an Account, as defined below, and/or using the Service or the App you agree to be bound by this Agreement.

We may revise these Terms and Conditions at any time. You are expected to check this page from time to time to take notice of any changes made. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published

elsewhere on the App.

2.   SERVICE REGISTRATION

In order to use the Service and become a user, you must first create a user account approved by us ("Account") by registering for the Service on the App which can be downloaded from the Apple App Store and Google Play Store.

When creating an Account, you must provide complete billing information, including, your legal name, billing address, credit card or other payment information and other personal information as required by United (collectively "Information"). You represent and warrant that: (a) all Information that you provide is accurate; and (b) that you will update the Information as necessary to maintain its accuracy; (c)that you are authorized to provide us with the information. When registering, you will be asked to supply your email address which is your username and secure password. Your username and the password are used to access your account information as well as to provide you with access to the Service. The username and password which you select shall remain the sole property of United and you will have no right or title in and to your username or password. You will be able to update and change your Account information, including your password, upon accessing your Account. You can also reset your password using the password reset function. You are solely responsible for maintaining the confidentiality of your username and password.  Further, you agree that you will not use the username and/or password of any other person. You agree to notify United immediately if you suspect that your Information has been compromised or if you suspect any unauthorized use of the Service, your username and/or password. Notwithstanding, you agree that you are solely responsible for any fees accrued by use of the App or the Service attributed to your Account.

In order to access the Service, you will need a compatible laptop, tablet, smartphone and/or other device with embedded Wi-Fi technology (a "Device"). It is your responsibility to ensure that your Device(s) is compatible with the Service. You agree that you are solely responsible for any fees associated with the use of the Service on your selected Device(s). Further, you must install all Service and App updates within ninety (90) days after their published date or you may lose certain functionality of the Service. United reserves the right and you agree to allow United to automatically download updates to your Device(s) as needed. From time to time, and in United’s sole discretion, United may need to temporarily suspend the Service in order to perform various updates.  

You may use the Service in conjunction with a sim card (“SIM”) provided by United. If you do so, your use of SIM will be subject to the terms and conditions of our SIM products which is available at www.unitedglobalsim.com

3.   LICENSE

Subject to the terms of this Agreement and during the term of this Agreement, United hereby grants you a non-exclusive, non-transferable, terminable right to:

(1) download, install and use the App; and

(2) use the Service

on up to one (1) Device for your own personal use. You acknowledge that the Service and the App contain the valuable secrets of United and you agree not to cause or permit the reverse engineering, translation, disassembly, or de-compilation of, or otherwise attempt to derive the source code of, the Service and the App, whether in whole or in part. 

You may use the Service and the App only for lawful purposes, and you must not use the Service and App in any way that breaches any applicable local, national or international law or regulation. You will not use, reproduce, modify, prepare derivative works of, distribute, sublicense, loan, sell, or otherwise transfer the Service and the App in any manner or for any purpose except as expressly permitted herein. United will retain all title, copyright and other proprietary and intellectual property rights in and to the Service and the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features), and any other technology, services, or materials that United may provide to you hereunder or in conjunction with the Service. 

All rights in and to the foregoing not expressly granted to you in this Agreement are reserved by United. In particular, but without limiting the generality of the foregoing, no right to or license in the source code for the Service and the App is granted hereunder. You will not obfuscate, alter, or remove any copyright, trademark, or other proprietary notice or legend on or in the Service and the App. Further, you agree that you will not:

(1) resell any part of the Service;

(2) share your Service connection with anyone; or

(3) access the Service simultaneously through the use of multiple Devices unless otherwise permitted under your price plan.

4.   TERM AND TERMINATION

This Agreement shall commence once United has validated your Information and created an Account and shall remain in full legal force and effect unless and until either party cancels or terminates the Agreement according to the terms herein. United may at its sole discretion refuse to create an account for you. United may terminate the Agreement or suspend your Account immediately without notice if, among other things:

(1)  it believes, in its sole discretion, that you are in breach of this Agreement, including breach of any payment obligation;

(2)  if an Account has been inactive for twelve (12) consecutive months;

(3)  if United decides to stop providing the Service;

(4)  it is entitled to do terminate or suspend the Agreement pursuant to the terms herein; or

(5)  for United’s convenience.

The term of the Service will be for the duration you have purchased the Service for. This is based on number of days purchased and the service will begin at 00:01 GMT and terminate 22:00 GMT after the nominated number of days.

(1)  For a fourteen (14) day subscription, the Service will be in total 334 hours

(2)  For thirty (30) day subscription, the Service will be in total 718 hours

(3)  For a ninety (90) day subscription, the Service will be in total 2158 hours

You may be sent an email notification to the email address on file in your Account upon termination of the Agreement or suspension of Service. You agree to discontinue your use of the Service and remove and any all Service applications from your Devices immediately upon lapsing or notification of termination. Any termination of the Agreement or your Account may mean the permanent deletion of your Account Information and you agree that United shall have no liability for any such termination. You may terminate your Agreement and Account, at any time, by sending an email requesting termination to wifi@unitednetworks.net.au

You agree that you will be responsible for all fees incurred on your Account prior to the termination of the Agreement.   

5.   PAYMENTS AND CHARGES

Your price plan sets forth the applicable fees and charges for the Service.  All fees are non-refundable and are non-redeemable for cash, and do not include taxes or other charges, subject to clause 6.  United will bill you for any and all use of the Service observed. You authorize United to automatically charge any fees, taxes and other charges and assessments for your use of the Service on the credit card provided on file in your Account:

(1)  at the time of purchase;

(2)  at the time the service fee is incurred

United will provide you with a payment invoice ("Invoice") sent to the email address listed in your Account at the time of purchase. It is your obligation to ensure your email address is valid and up to date. United may include on an Invoice and you agree to pay for any Service used within one hundred eighty (180) days before the date of the Statement and/or any corrections to amounts invoiced within one hundred eighty (180) days after the date of any Statement. You will be billed in the currency you have agreed to and you understand and agree that you will be responsible for the payment of any and all exchange rates, fees, or charges related to your payment. 

United reserves the right to suspend and/or cancel the Service, the Agreement and your Account if you have, for whatever reason, failed to make proper payments, including, but not limited to rejection of your credit card. United reserves the right to modify its pricing plan options and pricing with or without notice to you.

6.   REFUNDS POLICY AND YOUR OBLIGATIONS

Refund Request

You may in certain circumstances request a refund for your service by calling our customer service line. Your Services will be suspended when you lodge a refund request. We will investigate your refund request on a case-by-case basis and this may take up to 10 business days to process. If your refund request is approved, a $5.00 processing fee may apply. We will only provide refunds as a gesture of goodwill only and only in very limited circumstances that are solely in our discretion.

Incompatible Device

It is your responsibility to ensure that your device is Wi-Fi capable. Refunds will not be issueed based on incompatible device. You may use another device which has Wi-Fi capabilities to access the Services.

Remaining Days or Unused Passes

No refunds will be provided on the remaining days you have left after your travels. You may continue to use the Services when you return back home until it expires. We will not refund you if you have let your pass expire without using it or decided not to use it for any reasons.  

Compensation Payments

We will not provide any compensation payments of any kind. This includes any mobile data charges incurred when Wi-Fi Hotspots are unavailable. We will not compensate you for any additional services or payments you have incurred due to the service not functioning correctly. To reduce mobile data bills, United recommends that you switch data roaming off, when using the Service to ensure you are not accidentally roaming on mobile data.

Service Termination by United

If your service has been terminated by United due to any reason, you are eligible to request a refund which will be investigated. You will not receive any refunds if your service has been terminated due to you breaching the United Wi-Fi Acceptable Use Policy.

Incorrect Charges

If you believe you have been incorrectly charged for a service, you must contact United Support immediately. We will investigate the charges and provide you with a refund of any incorrect charges.

Wi-Fi Unavailability

No refunds will be issued due to Wi-Fi unavailability. You acknowledge that you have access to the maps regarding Wi-Fi Hotspots . You are expected to check the availability of Wi-Fi Hotspots for your destination before you purchase a Services. You further acknowledge that:

(a) the locations of Wi-Fi Hotspots provided by us are for your information only and such locations may change from time to time;

(b) an Wi-Fi Hotspot may be subject to specific rules depending on its location (for example, rules on how the Wi-Fi Hotspot will be used); and

(c)  we do not have any control on the either of the above paragraphs (a) and (b) and will not be responsible for any loss incurred therein.

Lost or Stolen Device

If you have lost your device or your device has been stolen which prevents you from using the Service, you must contact support immediately. We will suspend your service until you have replaced your device. If you are not able to replace your device and your trip has ended you may apply for your service to be re-instated upon your arrival.

Change of mind or change of travel plans

No refunds will be approved if you have changed your mind about the service. If you have made changes to your travel plans you may change the start date of your Service as long as it is not within the next 24 hours and no later than 365 days from date of purchase. If you need any assistance changing your Services start date, please contact customer service.

Other Reasons

If you have requested a refund that is not outlined in the above refund reasons, you should request your refund by contacting United Support. We will investigate your refund request and respond to you within 10 business days. The maximum refund amount you can apply for should be equal or less than your purchase total. Charges that are not directly linked to your account will not be refunded or compensated.
 

7.   BILLING DISPUTES

If you believe you have been charged in error you must notify United at wifi@unitednetworks.net.au within thirty (30) days after receipt of the Invoice containing the disputed charge or you agree that you will have waived any right to dispute those charges.

8.   ACCEPTABLE USE

You agree that you will not use the Service in a manner contrary to the United Wi-Fi Pass Acceptable Use Policy in the Annexure. United reserves the right to investigate any breach and or suspected breach of this Acceptable Use Policy. United may suspend or terminate provision of the Service if you have violated this policy, or in its sole discretion it suspects that you have violated or may violate this policy.

9.   PRIVACY

You agree to the terms of the United Networks Limited Privacy Policy, which is available at www.unitedglobasim.com. Please review our Privacy Policy before deciding to download and register for the App. You accept that certain uses of the data gathered by United as a result of your use of the Service are necessary to enable provision of the Service to you and accordingly, if you withdraw your consent for United to use your data as is detailed in its Privacy Policy, the supply of the Service to you may be terminated. If you use this Service through one of United’s resellers, the reseller will have the ability to view your usage history (including but not limited to how long you used the Service and your location when accessing the Service). If you do not agree to United’s resellers having access to this information, do not use this Service.

10. WARRANTY AND DISCLAIMERS

By its very nature, the Internet contains offensive and/or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive.  United will not be responsible for any damages suffered by you and/or any person as a result of obtaining Internet access.  United exercises no control whatsoever over the content of the information passing through its systems.

Notwithstanding anything else in this agreement, to the maximum extent permitted by applicable law, the service is provided on an "as is" and "as available" basis, and United disclaims and makes no representations or warranties and there are no conditions of any kind, either express, implied or statutory, including but not limited to any warranties of non-interference, merchantability, fitness for a particular purpose or use, or arising from course of dealing or usage of trade. The material displayed on or made available to you via your use of the App is provided without any guarantees, conditions or warranties as to its accuracy. You assume all responsibility and risk for use of the service. 

Any statements made in any written or electronic documents, or by any United employees, representatives, or agents, are provided for informational purposes only and not as representations or warranties of any kind. United does not warrant that service will be uninterrupted, error free, or free from service degradation, or that any information, software, or other material accessible on the service are free from viruses, worms, Trojan horses, or other code that manifests contaminating, interfering, or destructive properties. 

United cannot and does not guarantee the security or integrity of data transmission or storage, or that viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties will be detected or remediated by the service.  Service is only available within the coverage area of a Wi-Fi Hotspot, which is subject to change.  You acknowledge that the Service may be unavailable within a Wi-Fi Hotspot. This may due to the maintenance, equipment modifications, or upgrades of a Wi-Fi Hotspot, or other reasons within and without the direct control of United. We and our directors, employees, agents, contractors and related bodies corporate, are not liable to you or any user of our App for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any content, or to your or any user’s access (or lack of access) to the App or any associated websites with the App, by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

11.  LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall United be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with the service. Notwithstanding, United’s total liability to you for any direct damages arising from your use of the service shall be limited to the total amount of payments made by you on your account for the three (3) months prior to the event giving rise to your claim. Some jurisdictions do not allow for a limitation of liability as contemplated herein so this limitation may not apply to you.

Where the App may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or

damage that may arise from your use of them.

12.  INDEMNITY

You agree to indemnify, defend and hold harmless United and its officers, directors, employees, agents, successors and assigns from and against any loss, liability or claim, including claim for reasonable attorney’s fees, brought by any third party and arising from:

(a) your infringement of any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy through use of the Service;

(b) your violation of any applicable law, statute, ordinance or regulation when using the Service;

(c) violation of United Wi-Fi Acceptable Use Policy or;

(d) material breach of this Agreement.

13.  AMENDMENTS

United may, in its sole discretion, make amendments to the terms and conditions of this Agreement. Any such amendment shall be effective upon publication on the App and you are responsible for regularly checking for any such updates.

14.  ASSIGNMENT

You may not assign the Agreement, the use of the Service or your rights and obligations under this Agreement without the prior written consent of United. Any such assignment shall be void.

15.  SURVIVAL

The following sections shall survive the termination of this Agreement: Indemnity; Limitation of Liability; Warranty and Disclaimers; Choice of Law; Privacy; Payments and Charges, and Acceptable Use.

16.  SEVERABILITY

If any provision of the Agreement is held to be invalid, illegal or unenforceable by any court or other competent tribunal then the remaining provisions of the Agreement shall remain in full force and effect.

17.  CHOICE OF LAW

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales, Australia.

18.  ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with regard to the Service provided hereunder.  All prior agreements, proposals, representations and other understandings whether oral or written, are superseded in their entirety by this Agreement.

19.  NO WAIVER

No alteration or modification of this Agreement will be valid unless made in writing and signed by United. In the event of a conflict between the Agreement and any terms and conditions or statements contained in any document related to the Service, the terms of this Agreement will control.

Annexure- United Wi-Fi Acceptable Use Policy

This United Wi-Fi Acceptable Use Policy (“Policy”) is expressly incorporated into and made a part of the Agreement.  We reserve the right to vary the terms of this Policy from time to time.

Without limiting any of its rights or remedies under the Agreement, United reserves the right to suspend or terminate your use of the Services in the event you do not comply with this Policy without further notice to you.

Fair Use

We may rely on this Policy where your usage of the Service is unreasonable. Unreasonable use of the Service includes where your use of the Service is reasonably considered by us to be fraudulent use, to be contrary to the way the Service is intended to be used (“Intended Use”), or to adversely affect the business or our other customers' use of or access to the Service.

Among other things, "fraudulent use" includes resupplying the Service without our consent so that someone else may access or use the Service.

Among other things, use which is contrary to the Intended Use includes using the Service in a way that an ordinary person would not reasonably regard as ordinary personal use (for example, downloading more than 10 gigabytes of data within 24 hours).

Your Obligations

You must:

1. Maintain the confidentiality of your passwords and account information.
2. Not attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information.
3. Not attempt to gain unauthorized access to, or use, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. This includes using sniffers or SNMP tools to gain such unauthorized access.
4. Not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks.
5. Not engage in any act of a malicious nature which may reasonably result in harm or damage to another user’s service, equipment, or privacy. This includes Syn-flood attacks, or any attempt to overburden a recipient’s computer system by sending a high volume of spurious data with the intent to impede functionality, or totally disable recipient system(s), and any other methods of denial of service. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information.
6. Not interfere with service to any user, host or network with the intent to render said system dysfunctional including, without limitation, mail-bombing, (sending mass amounts in excess of ten (10) similar mail messages or more than 10MB of data to one recipient or system), flooding, deliberate attempts to overload a system and broadcast attacks. This includes "denial of service" (DOS) attacks against another network host or individual user.
7. Not operate Maillist, Listserv, 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.
8. Not attempt to intercept, redirect, or otherwise interfere with communications intended for others.
9. Not use the Service to transmit excessive volumes of unsolicited commercial e-mail messages or deliberately send excessively large attachments to one recipient.
10. Not use the Service to send unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (e.g., E-mail "Spam"); or distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail (e.g., email "Spam").
11. Not use the Service for anything other than periodic, active use of email, newsgroups, file transfers, Internet chat, messaging, browsing of the Internet, and other legitimate personal use. You may stay connected so long as you are actively using the connection for these stated purposes. Further, you may not use the Service on a standby or inactive basis in order to maintain a connection. United reserves the right to terminate your connection following any extended period of inactivity.
12. Not use another site's mail server to relay mail without the express permission of the site.
13. Not attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than you for purposes of deception.
14. Not alter, add, remove or modify a source IP address information or by using forged headers (a.k.a. "spoofing") in an effort to deceive or mislead.
15. Not attempt to fraudulently conceal, forge, or otherwise falsify your identity in connection with use of the Service.
16. Not use the Service to transmit, distribute, retrieve, or store any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty). This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.
17. Not use the Service to knowingly commit verbal or written threats towards another person. This may include posting or transmitting a person's real life information (name/address/phone number) in a malicious manner.
18. Not use the Service to send threatening or harassing messages which suggest that the sender is planning to engage in some type of criminal activity. Generally, threats to public officials, references to bombings, bank heists, and activities that threaten national security, are considered serious violations.
19. Not use the Service to intentionally transmit files containing a computer virus or corrupted data, or post or transmit any information or software which contains a virus, cancel-bot, Trojan horse, worm or other harmful component.
20. Not attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of your connection, including the use of ping-bots and other methods of avoiding timing disconnection.
21. Not use any malicious software (virus, spider, Trojan) that will distort, delete, damage, emulate, or disassemble the App or the United Global SIM websites, or protocols.
22. Not use the Service, the App or United Global SIM Website for the purposes of phishing, or impersonating or misrepresenting affiliation with another person or entity, causing or intending to cause embarrassment or distress to, or to threaten to invade the privacy, or collecting or harvesting any personally identifiable information, including account names.

United and/or its partners, providers or suppliers may under applicable legislation, and/or under the mandate of federal authorities, with or without notice, monitor, remove, block, filter or restrict by any means, any materials or information (including but not limited to emails) that are considered to be actual or potential violations of the restrictions set forth in these terms and conditions, including but not limited to those activities described in this section and any other activities that may subject United and/or its partners, providers, suppliers or their customers to liability or subject any corporate entities or individuals to danger of any nature.

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