Terms and Conditions
These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us by email at hello(at)ezyroam.com or by using the online form at www.ezyroam.com/contact
If you continue to browse and use this Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the Site for any purpose.
1.1 Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.
2. Licence to use Site
2.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
2.2 You may access and use the Site in the normal manner and may also print copies of any page within the Site for your own personal, non-commercial use. You may copy extracts only to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless expressly allowed by these Terms.
2.3 You may not, except with our express written permission, distribute or commercially exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system.
2.4 You must not use or add any content to the Site:
a) unless you hold all necessary rights, licences and consents to do so;
b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d) that would bring us, or the Site, into disrepute; or
e) that infringes the intellectual property or other rights of any person.
2.5 The Site may contain links to other websites as well as content added by people other than us. We have no control over the nature, content and availability of those websites or external content. We do not endorse, recommend, sponsor or approve any such user generated content, the views expressed within that content and any content available on any linked website.
2.6 You acknowledge and agree that:
a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes)
3. Intellectual property rights
3.1 Nothing in these Terms constitute a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
3.2 Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright that subsists in all creative and literary works displayed on the Site.
3.3 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
3.4 You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.5 The licence in paragraph (3.3) will survive any termination of these Terms.
3.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (3.2) and (3.3).
4.1 You represent and warrant to us that you have had sufficient opportunity to access and comply with these Terms and that you have the legal capacity to enter these Terms. If you do not agree with these Terms please do not use this Site.
5.1 To the full extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
5.2 To the full extent permitted by law, we exclude all representations, warranties, guarantees or terms (whether express or implied) other than those expressly set out in these Terms.
5.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. Every effort is made to keep the Site up and running smoothly. We take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
6.1 You may only use this Site if you agree to indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this Site.
6.2 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
7.1 This information and Terms may be amended without notice from time to time in our sole discretion. Your use of the Site following the amendments indicates that you accept the amendments. You should check these Terms from time to time to review any changes.
8. Breach of these terms
8.1 You may only use this Site for a lawful purpose and in a manner consistent with the provisions set out in these Terms. You must not use this Site if you think the exclusions and limitations of liability set out in these Terms are unreasonable. We reserve the right to takedown content and information found to be in breach of copyright, or which in our reasonable opinion is deemed illegal and/or inappropriate. If you breach the Terms, we reserve the right to block you from the Site, bring court proceedings against you and to enforce our rights against you. All rights not expressly granted in the Terms are reserved.
9.1 Competitors are prohibited from using the content or information on our Site for the purpose of competing with our business. If you breach this provision, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from the prohibited use. We reserve the right, in our sole discretion to exclude any person from using our Site.
10.1 If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.
11.1 By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.
12.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
12.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
13.1 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
14.1 These Terms are governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.
Updated 01 May 2017
Terms and Conditions – Products and Services
TERMS AND CONDITIONS OF SALE OF EZYROAM PRODUCTS AND USE OF EZYROAM SERVICES
1. Customer bound by Terms and Conditions
1.1 Your purchase and/or use of Ezyroam Products and/or Ezyroam Services and your subscription to the Ezyroam Website are governed by these Terms and Conditions. By purchasing and/or using an Ezyroam Product or Ezyroam Service or subscribing to the Ezyroam Website you agree to be bound by these Terms and Conditions.
1.2 These Terms and Conditions may be amended by Ezyroam at any time. Where such amendments are made Ezyroam 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 Ezyroam Products and/or Services, then these Terms and Conditions will prevail to the extent of such inconsistency.
2.1 In these Terms and Conditions:
2.2 (Australian Consumer Law) means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended from time to time.
2.3 (ComfortWay) means ComfortWay – Active Technology LLC;
2.4 (Ezyroam) means Ezyroam Pty Ltd (ABN 15 158 138 142);
2.5 (Products) means any and all products purchased by you from the Ezyroam Website or a third party to whom Ezyroam has supplied the products for resale including but not limited to Ezyroam SIM cards and CwSim cards and credits;
2.6 (Services) means any and all services provided to you through the Ezyroam Website or by Ezyroam in connection with the purchase by you of an Ezyroam Product;
2.7 (Website) means https://www.ezyroam.com/;
2.8 (You) means the purchaser and/or user of Ezyroam Products and/or Ezyroam Services and/or the Ezyroam Website.
3. Mobile device requirements
3.1 Before purchasing and/or using any Ezyroam Product you must ensure that your mobile device is unlocked and is network compatible for the countries in which you wish to use the Ezyroam Product.
3.2 Ezyroam will not provide a refund or replacement Product if any Product you order from Ezyroam does not work because the mobile device you are using it with is locked or incompatible.
3.3 For the Product and/or Service to function correctly, You are required to download, install and register the ComfortWay app on your mobile device. You require a compatible iOS or Android device for the mobile app to work correctly.
3.4 From time to time Ezyroam may support different mobile devices and may cease to support others. You are responsible for ensuring compatibility with Ezyroam Products and Services.
3.5 You acknowledge Ezyroam is a distributor of ComfortWay products including CwSim cards. Ezyroam does not own, lease or have access to any mobile networks. ComfortWay may provide You access to mobile networks provided You agree to the ComfortWay user agreement available at http://comfortway.com/en/agreement/
4. Network Availability
4.1 You acknowledge that Ezyroam SIM cards and ComfortWay CwSim 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 Ezyroam.
4.2 Whilst Ezyroam intends for consistent and ongoing availability of all the telecommunications networks which Ezyroam SIM or ComfortWay CwSim cards are designed to connect with, Ezyroam does not guarantee that any telecommunications network will be available at any given time or for any given duration.
4.3 You acknowledge that use of the Ezyroam SIM or ComfortWay CwSim provides You access to mobile data only. Calls and texts (including SMS and MMS) are not available. Calls to emergency services are not available when using the Ezyroam SIM or ComfortWay CwSim. You shall never rely solely on our Products / Services for critical communication.
5.1 If applicable and unless otherwise stated, all Product prices published by Ezyroam are inclusive of Goods & Services Tax (GST) and other taxes or charges that may be relevant. Products sold through the Ezyroam Website are displayed in Australian Dollars (AUD).
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 ComfortWay website (http://comfortway.com/en/) and the ComfortWay app and it is your responsibility to check any rates which are relevant for you and your use of the Products or Services. Data rates are provided by ComfortWay and are displayed in Euros. Value Added Tax (VAT) or GST may be applicable to the purchase of data credits. Refer to the ComfortWay website (http://comfortway.com/en/) for details.
- 6. Shipping
6.1 If you order a Product before 10:00am Australian Western Standard Time, Ezyroam will use all reasonable endeavours to dispatch such Product within two business days of your order being made (excludes instances where dispatch is delayed due to the conduct of a fraud check by Ezyroam).
6.2 If any item, you have ordered is out of stock we will contact you within two business days 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 Ezyroam within 7 days of receipt of the Product that the Product was damaged prior to receipt by you. Ezyroam will then advise you of any steps you must take so that a replacement Product can be provided to you.
7.3 Ezyroam 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 Ezyroam 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 Ezyroam within 7 days of receipt of the Product so that Ezyroam may arrange for the incorrect Product to be exchanged for the correct Product.
8.2 Ezyroam 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 Ezyroam prior to being incurred.
- 9. Faulty goods
9.1 Any correspondence relating to faulty Products should be directed to the following:
Address: PO Box 1628, Subiaco, WA 6904
OR Email: hello(at)ezyroam.com
9.2 If there is a fault with a Product provided to you by Ezyroam 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 Ezyroam and request Ezyroam to provide you with a refund or replacement Product;
(b) if you wish to return the Product you must within 14 days of receipt of the Product notify Ezyroam 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 Ezyroam will provide you with a Returns Authorisation Number (RAN) which you must include with the Product when you return it to Ezyroam along with a letter setting out details of the fault and a copy of your purchase receipt;
(d) within 14 days of receiving the returned Product provided that Ezyroam is able to verify that the details of the fault are valid Ezyroam 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 Ezyroam but will not be charged for the cost of Ezyroam providing you with a replacement Product;
(f) Any credit that has been applied to an Ezyroam SIM card, either at the time of purchase or any time after purchase, will not be refunded unless Ezyroam acting reasonably in the circumstances elects to provide you with a refund. Any credit refund requests for the CwSim must be directed to ComfortWay and in accordance with its user agreement. Ezyroam cannot provide any data credit adjustments relating to the CwSim.
- 10. Activating your Product
10.1 Some Ezyroam Products such as the Ezyroam SIM and CwSim require user activation and if you have an Ezyroam Product which requires user activation, such activation is your responsibility and Ezyroam will not provide a refund or replacement Product in the event that you fail to activate your Product.
10.2 When you activate your Ezyroam SIM card, you must provide us with your name, residential address, phone number, birthdate, details of your intended use of the service and any other information and identification reasonably requested by us.
10.3 When you activate your CwSim, You must provide ComfortWay with your name, residential address, birthdate, government issued photo identification such as passport, phone number and details of your intended use of the service and any other information and identification reasonably requested by ComfortWay.
- 11. Account Balance
11.1 Ezyroam does not take payment for data credit. ComfortWay solely manages payment facilities for data credits. You will need to select one of the payment methods ComfortWay provides in order to add credit to your CwSim.
11.2 It is your responsibility to ensure your account balance is maintained at a level which enables you to access the Services and/or features you require. Certain Services and/or features will not be available once your account balance ceases to have credit.
11.3 ComfortWay offers multiple and various methods to recharge your account balance however ComfortWay may at any time for any reason terminate a particular payment method, in which case you will be required to use an alternative method.
11.4 You can recharge your account using any of the below methods:
(a) Via the ComfortWay app.
11.5 Credit cannot be converted into or redeemed as cash.
- 12. Credit and Service Expiry
a. The validity period of your credit will vary depending on the type of recharge you purchase. Each recharge amount will specify the validity period. The date on which the validity period ends is the credit expiry date.
b. If you purchase additional recharge before the credit expiry date, your new expiry date will be the expiry date of your new recharge. Credit purchased prior to this date will not be extended to this new date and will be per the original expiry date.
c. If you do not purchase additional recharge before the credit expiry date, your data will expire. You will need to purchase additional credits via the ComfortWay app in order to continue using mobile data with the CwSim.
d. Ezyroam is unable to refund any unused credit.
e. Items 12. a., b., .c. may change at any time according to the ComfortWay user agreement.
- 13. Description of Services
a. Whilst care is taken to ensure that the descriptions of Services on the Ezyroam Website are accurate, the Services are regularly changed, upgraded and on occasion removed and Ezyroam cannot guarantee the accuracy of such descriptions.
b. Ezyroam 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 Services.
- 14. Release and Indemnity
14.1 To the extent permitted by the law, you agree to release and hold harmless, Ezyroam and its current and former officers, agents and employees 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 Ezyroam Products or Services or Website (including but not limited to your inability to access or use the Ezyroam Website, Products or Services or any network associated with the Ezyroam Products, Services or Website in any location) even if caused or contributed to by Ezyroam or its current or formers officers, 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 Ezyroam’s aggregate liability will not exceed any sums paid by you for the purchase and/or use of Ezyroam Products, Services or the Ezyroam Website.
- 15. Australian Consumer Law
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 Ezyroam 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 Australian Consumer Law, 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 Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Ezyroam to limit its liability, then Ezyroam’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 Ezyroam’s rights
a. Ezyroam may at any time with or without prior notice:
i. 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 Ezyroam such restriction, suspension or termination is necessary; or
ii. establish rules and policies for the use of the Ezyroam 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 Ezyroam believes may be of interest or benefit to you. Your use of any such sites, products or services is at your own risk and Ezyroam 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
18.2 You consent to information which you have provided to Ezyroam or a third party from whom you purchased a Ezyroam Product or Service being used by Ezyroam or any of its related bodies corporate for the purpose of informing you about offers and promotions which relate Ezyroam or its Products, Services or Website.
18.3 Upon request by you and to the extent permitted or required by law, Ezyroam will provide you with access to and/or the ability to correct your personal information.
- 19. Events beyond control
19.1 Ezyroam 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 the State of Western Australia.
20.2 Nothing in these Terms and Conditions affects any rights you may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation.
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.
Updated 02 May 2017