TERMS AND CONDITIONS
This website (the “Website” or the “Site”) and Mobile App AIRSIM ROAM (the “Mobile App” or the “App”) are provided to you by AIRSIM (“AIRSIM”, “we”, “us”). This Terms & Conditions (the “Terms”) apply to all customers (the “Customer”, “you”). Please read these Terms carefully before you access or use this website or Mobile App.
By accessing or using this website or App, you are acknowledging that you have read and understood these Terms set forth below, and agreed to be bound by these Terms, all applicable laws and regulations, and agreed that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, please refrain from accessing or using this website or App. The materials contained in this website and App are protected by applicable copyright and trade mark law.
2. GRANT OF RIGHTS
a. Provided you comply with these Terms, we grant you the right to access this website or App for learning more about our products and services, and to participate in all our offerings for which they are eligible.
b. We grant you the right to temporarily download or print out a reasonable number of pages from our website or App, and circulate to others interested in our services, provided that (i) you and your recipients use these print-outs only for Permitted Purposes, and (ii) you retain on these print-outs any copyright notices or other proprietary notices as they appear on our website or App.
c. Under this right you may not (i) modify the materials; (ii) use the materials for any commercial purpose; (iii) remove any copyright or other proprietary notice from the materials. Apart from your express right to use and print for Permitted Purposes, you may not use, copy, modify, distribute, or access our website / App, or any materials we have made available on the site / App. This right shall be automatically terminated by AIRSIM at any time, if you violate any of these restrictions. Upon the termination of this right, you must destroy any downloaded materials in your possession whether in electronic or printed format and compensate our damages, if any.
3. CUSTOMER’S OBLIGATIONS
a. For our Prepaid Service to you, you shall top up or purchase such Services in our website, mobile App AIRSIM ROAM or by any other methods approved by us.
b. You shall provide AIRSIM your correct and current personal details, including your name and e-mail address. You shall also notify AIRSIM of any changes to your personal details without delay via our website, App or our Customer Services number.
c. The use of services outside the Hong Kong may be subject to laws and regulations of the country you are roaming in. You are required to comply with those laws and regulations; AIRSIM is not liable for your non-compliance.
d. If customers encounter any problems in using our products and services at their destinations, please notify AIRSIM immediately. Any refund request shall be submitted by customers within 30 days upon service activation date. No refund request shall be entertained after 30 days upon service activation. AIRSIM has the sole discretion to the refund request.
e. AIRSIM suggest customers should disable the automatic downloads for updates on your mobile device, in order to avoid unexpected data consumption.
4. PRODUCT AND SERVICES
a. Application / Purchase of AIRSIM products and services shall be done through AIRSIM website, Mobile App or an agent designated by AIRSIM.
b. This Agreement between AIRSIM and customers commences at the time that you activate your AIRSIM card and /or register an AIRSIM account on our website or App.
c. AIRSIM provides the services by using a combination of our infrastructure and the network of our overseas partners. You acknowledge that services provided under the Agreement are subject to arrangements that are in the control of other networks and their operators, which are out of AIRSIM’s control.
d. AIRSIM products and services can be used on networks of operators with which we have a roaming agreement for mobile data services. The number and coverage of network are subject to change and update without any prior written notice.
5. TARIFFS / PRICING
a. The current charges including price lists, packages for products and services are published on our website and App. Charges may be amended by AIRSIM from time to time without any prior notice.
b. If customers continue to use AIRSIM products and services after an amendment to the charges comes into effect, this shall be deemed to be your acceptance of the new charges.
c. Customers shall follow the procedures prescribed by AIRSIM to apply / purchase AIRSIM products and services. Upon order acceptance and confirmation by AIRSIM or an agent designated by AIRSIM, the customers are required to make payment and the purchase shall then be completed.
d. Should AIRSIM fail to provide specified products and services as per the buying summary due to the lack of inventory or other reasons, the products / services fees received by AIRSIM shall be fully refunded to the Customer. AIRSIM shall not accept any other responsibilities arise.
e. Unless specified, charges for our products and services are denominated in US Dollars.
6. LIMITATIONS OF SERVICES
a. The use of AIRSIM products and services are only eligible and limited within the country or region specified. Should the products and services be used outside of aforementioned countries or regions, any costs incurred from such use would be the sole responsibility of the customer.
b. Video Downloads, Video Streaming, Online Gaming, Video Calls and other high-data usage activities may affect the data speed, which follow Fair Usage Policy (FUP) as described in point 7.
c. AIRSIM’s local telecommunications service providers generally have good coverage within the local country, however, may vary according to each national provider’s systems (including services and systems beyond our control), especially at remote areas. We do not guarantee the continuity and stability of the services.
d. The availability and coverage of the Network varies depending on customer’s location. The quality of the services depends in whole or in part on your Mobile Phone, the Mobile Device, the Network, and other factors.
e. The Services might be adversely affected if too many people try to use the Network at the same time; by physical features (such as buildings etc); and by atmospheric conditions or other causes of interference.
f. In particular, AIRSIM does not warrant that connections will not be lost; that the transmission of data will occur at any particular speed or time; that all traffic can or will be transmitted by the Network; or that there will be absolute protection of its Network against unauthorized access or interception.
7. FAIR USAGE POLICY FOR UNLIMITED DATA USAGE PACKAGE
a. To ensure that all customers receive fair and equitable services at all times, a Fair Usage Policy (FUP) may be in place in accordance with the business practices of the local telecommunications service provider (the local in-country wireless network carrier or operator).
b. If a FUP is in place, the local telecommunications service providers commonly apply a cap on the amount of wireless data when an individual customer has exceeded a certain amount of data within a specified time period. It may limit the transfer of a specific amount of data over a period of time, which can result in a throttle down (slow down) of the connection speed.
c. Upon excessive usage, the telecommunications service providers may, at any time, cease, suspend or alter the network quality, where we shall not intervene. During peak periods (concurrent use of network resources by a large number of users), your mobile data experience may be intermittently affected, which shall be alleviated once the usage returns to normal.
d. Telecommunications service provider reserves the right to change their service models and policies (including FUP) without notice.
e. No refund or discount will be given if the above matter occurred. Termination of service may apply if customer downloads continuously or if your usage impacts other users.
Customers are prohibited from the following and are responsible for the actions of the use of our products and services.
a. The interference or threatening of telecommunications services provider’s networks.
b. In any way to send or upload any obscene, offensive, abusive, threatening, harassing content.
c. Infringement of the rights of others, including copyrights, or other intellectual property rights.
d. Distribution of any tool, that can harm or damage or interfere with any network facilities or services, or normal operation of the security features.
e. Distribution of unsolicited commercial messages or content.
f. Any actions that may be unlawful, fraudulent, improper, unauthorized, harassing, discriminatory, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable purposes.
g. Actions that may damage AIRSIM or AIRSIM’s reputation.
h. Actions that may encourage criminal offense, civil liability, or any other violation of applicable law.
i. Actions that may transform, decompose, damage, alter settings, or cause other equipment malfunction or altering the appearance of the products.
j. Actions including sublease, transfer, pledging for a third party or other violations of AIRSIM ownership.
9. RESCHEDULE THE DATA PACKAGE
a. All purchased data packages can be used from 14 days before the selected effective date and within 30 days from the selected effective date.
b. If you cannot activate the service from 14 days before and within 30 days from the selected effective date, please call our customer service hotline or sign in AIRSIM website and submit an enquiry form to our Customer Service Team for the rescheduling.
c. For any rescheduling including a change of service effective period and/or a change of destinations, if the new service charge is higher than the original charge, customer will be charged for any difference in the service fee for that particular change.
10. REPLACEMENTS AND REFUND
a. If you require replacement of AIRSIM Card, please call our customer service hotline or sign in AIRSIM website and submit an enquiry form to our Customer Service Team.
b. If the AIRSIM card is damaged (not the fault of AIRSIM), customer shall pay for AIRSIM card replacement and its relating postage and any other charges.
c. If you cannot use the data service / data package for any reason, you can call our customer service hotline or sign in AIRSIM website and submit an enquiry form to us for the full refund. Any refund request shall be submitted within 30 days upon service activation date.
d. Refunds (where applicable) shall be credited to your PayPal account or your credit card account if you made your payments via PayPal. If you made your payments via other means, refund shall be made by cheque. It takes about 30 days for the refund process.
11. PERSONAL INFORMATION COLLECTION STATEMENT
a. Customers must ensure that the personal information provided to AIRSIM is update, complete and accurate in all respects.
b. In compliance with the requirements of the Personal Data (Privacy) Ordinance, AIRSIM will comply with the obligations and requirements of the Ordinance, proper handling and management of personal data of the user.
12. AMENDMENT OF TERMS AND CONDITIONS
a. AIRSIM reserves the rights to amend these terms and conditions at any time without prior notice. In case of disputes, AIRSIM reserves the right of the final decision.
b. AIRSIM reserves the right to refuse the supply of the products and services. All provision of AIRSIM’s products and services must comply with these Terms, and be read and fully agreed by the Customer prior to the execution of the purchase.
c. AIRSIM may at any time carry out necessary maintenance to the website, App, and/or AIRSIM’s products and services to ensure the quality of service to all customers.
a. AIRSIM shall not be held responsible for any damages and losses incurred due to errors with the local telecommunications service provider.
b. AIRSIM will not be responsible for customers’ mobile device failure and/or settings error which failed to obtain the internet services.
c. AIRSIM takes no responsibility if the customer through inappropriate, careless use or misplaced the mobile devices leading to short-circuit or fire, which causes any casualties and losses to the customer as a result, AIRSIM advises the customers to pay attention and use the devices with care.
d. You agree that AIRSIM Card is lost, stolen, damaged or destroyed, or used without your authority; we shall have no obligation to make a refund to you of the credits left on your account.
e. AIRSIM may modify or suspend the Services, wholly or partially, without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons). All reasonable efforts shall be made to minimize such Service disruptions; however, some interruption may be inevitable. We will notify you where and as soon as it is practicable to do so.
f. AIRSIM may, from time to time and without notice, change the products and service in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the products and service or the Charges.
g. AIRSIM does not represent and warrant that the products themselves nor the operation of the Services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet your specific requirements.
h. The quality and availability of the products and services are subject to certain limitations and circumstances beyond our reasonable control including, but not limited to, physical, geographic and atmospheric conditions.
14. EFFECTIVE DATE
The effective date of these Terms is June 1st, 2019.