FLEXIROAM ASIA LTD (Website Owner) a company incorporated in Hong kong having its address at Unit 05, 4/F, Energy Plaza, No.92, Granville Road, Tsim Sha Tsui East, Hong Kong (“FlexiRoam”) owns and operates this Website (Website). The following Website terms of use (Terms of Use) govern your access to and use of this Website and the products and services available through this Website (Services). By using this Website and any related Services, you are agreeing to all of the Terms of Use, current at the time of your use of the Website.

1. Definitions

These words have the following meanings in these Terms of Use:

“Account” means the unique account in which we record and store a User’s information, service usage, data balance and charges that are related to the purchase and use of FlexiRoam service.

“Agreement” means the agreement between You and us for which these Terms of Use will apply.

“Charges” means the subscription and data roaming package fees charged to Users for subscribing and using FlexiRoam Services. These charges are available on the FlexiRoam Mobile Application and may be updated from time to time.

“Data” means the amount of Purchased Data or Promotional Data or Shared Data that we credit to the User’s Account when the User either purchases additional data using our preferred payment methods or earns Promotional Data via the FlexiRoam in-app features or obtains Shared Data from another Member.

“Data Plans” means the various data plans that can be purchased via FlexiRoam App or through other authorised sales channels.

“FlexiRoam” means Flexi Roam Limited ACN 143 777 397 and its related bodies corporate including Reapfield Technology Sdn Bhd, Flexi Roam Asia Limited and Flexi Roam Sdn Bhd an international roaming service provider and is also referred to as “we”, “us”, “our” or “the company”.

“FlexiRoam ” means the FlexiRoam Microchip or FlexiRoam SIM Card or FlexiRoam eSIM and the Proprietary Mobile Application that enables access to FlexiRoam services.

“FlexiRoam Microchip” means the adhesive SIM Microchip owned and issued by us to Members on a limited license basis that enables access to FlexiRoam’s global data networks.

“FlexiRoam SIM Card” means the SIM card owned and issued by us to Members on a limited license basis that enables access to FlexiRoam’s global data networks.

“FlexiRoam eSIM” means the eSIM’s profile owned and issued by us to Members on a limited license basis that enables access to FlexiRoam’s global data networks.

“FlexiRoam App” means the proprietary mobile application that a User downloads to manage and utilize their FlexiRoam Account.

“Member” means a FlexiRoam User with a FlexiRoam Microchip or FlexiRoam SIM Card or FlexiRoam eSIM

“Promotions” means marketing campaigns by FlexiRoam and / or marketing partners.

“Promotional Data” means the data that has been given via marketing campaigns by FlexiRoam and / or marketing partners.

“Purchased Data” means the data that has been purchased by Members via FlexiRoam or through other authorised sales channels provided by us.

“Shared Data” means the data that has been shared by Member to another Member via FlexiRoam App

“Referee” means new app users who have received a referral from Members through the FlexiRoam App “Refer a Friend” feature.

“Referrer” means Members who use the FlexiRoam App “Refer a friend” feature to refer the Service to new users.

“Rollover Policy” means the policy and rules set in place by FlexiRoam relating to the Data Rollover benefit for FlexiRoam products with the feature.

“Services” means an international roaming service including the data roaming products and services promoted on the Website and through partners (collectively, the “Services”). Purchased Data Plans are required to use the Services. FlexiRoam may require proof of identity prior to the sale of or use of the Services. Eligibility restrictions, if any, will be noted when You register for each Service. FlexiRoam will keep a record of all the information related to the Services provided to User.

“Wallet Credit” refers to the credit amount that sits within a User’s Account that they can use to purchase FlexiRoam data plans with. This credit can be acquired by the User through three methods: purchasing additional credit using preferred payment methods, earning Promotional Free Credit via the FlexiRoam in-app referral program or refunds for purchased plans.

“Website” means FlexiRoam’s official Website with URL: www.flexiroam.com.

“You”, “FlexiRoam User”, “User” or the “Customer” means the authorised user or party who purchases or uses FlexiRoam service.

2. Agreements

2.1. The Terms of Use of this Agreement govern the relationship between FlexiRoam “You”, from within any country in the world and constitute a legal and binding obligation on the parties once You have successfully registered an Account and acknowledge and agree that:

2.1.1. The Services are supplied by the Company, directly or through one of our distribution partners. Your use of the Services is subject to the Terms of Use and any operating rules or policies that may be published from time to time by the Company on the Website. Please read these Terms of Use carefully.

2.1.2. The Services offer Users coverage via the GSM,HSDPA, 4G LTE & 5G mobile network through the use of our partners overseas telecommunications networks. FlexiRoam does not control these networks and therefore cannot offer any guarantees about the quality of roaming services. Services coverage depends on the network, technical and operational capabilities of our roaming partner(s). Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. FlexiRoam will make every effort to provide a high level of availability to our mobile network. However, FlexiRoam is unable to guarantee continuous, trouble-free operation of our mobile network or certain transmission times or capacities.

2.1.3. We reserve the right to revise the list of supported countries of the Service at any time without prior consent from Users. Any addition or removal of countries from the supported country list will be announced prior to when the changes are implemented. Users can view the most updated list of countries the Service covers on the FlexiRoam App or through the Website.

2.1.4. We reserve the right to undertake service maintenance on our mobile network at any time, which may result in temporary disruptions in FlexiRoam service. No representations or warranties are made with regard to availability, quality, operation or support for data roaming on our mobile network, on third-party devices, on third-party networks or with third-party networks.

3. Your Account

3.1. Upon downloading and registering in the FlexiRoam App, You will be assigned an Account.

3.2. FlexiRoam is a subscription-based service meaning that You are required to purchase a Data Plan to enable You to utilise the Services.

3.3. The Data Plan’s validity starts from the date of purchase or user’s selected booking date. Each Data Plan has an expiry date which will be displayed on the FlexiRoam App.

3.4. Data in the Account can only be utilized with a Data Plan that is unused by the time the Data Plan expires will not be carried forward unless it is rolled over in accordance with the ‘Roll Over Policy’.

3.5. All Data unused and not rolled at the time of expiration will be lost and is not subjected to refunds or compensation. FlexiRoam will not be liable for any losses incurred by Members who fail to follow the procedure mentioned above.

3.6 All Data Plans not activated within 90 days of purchase will automatically expire, and any data associated with them will be forfeited. No refunds or compensation will be provided for expired plans.

3.7. Your Account details issued to You are your property and You are solely responsible both for the use of your Account and for the costs of any of the GSM, HSDPA, 4G LTE & 5G services obtained through its use. You are liable for all charges, which are, or become, payable in respect of your Account, whether the Account is used by You or by any third party.

3.8. Your Account is not transferable to a third party or other FlexiRoam accounts.

3.9. Charges for Services are calculated and billable in US dollars (USD) or any other currency you select on our Website and/or FlexiRoam App. Nevertheless, alternative currencies may be offered at FlexiRoam’s own discretion. You agree to absorb any additional transactional charges billed by your financial institution in line with your purchase of the Services.

4. Changes To the Terms Of Use

4.1. FlexiRoam can, from time to time, change the Terms of Use by publishing details of such changes on the Website and/or the FlexiRoam App. FlexiRoam will publish details of any changes (including the operative date) on our Website and/or app as soon as possible, but, in any event, not less than two (2) weeks before any changes are to take effect.

5. Charges For the Services

5.1. As FlexiRoam is a subscription based service that requires pre-payment for Data Plan purchases, You agree to pre-pay for the Service by debiting your preferred payment method the applicable amount. The Data will remain valid only within the Data Plan period. Unused Data may be carried forward when the Data Plan is renewed before the expiration date as stipulated under the Rollover Policy terms and conditions.

5.2. In the event that Data usage has depleted your current balance, You must purchase or obtain Data through the FlexiRoam App.

5.3. You agree to pay for all charges associated with using your FlexiRoam Account with other third-party services, whether or not You authorized its usage. You also agree that FlexiRoam is not liable to provide refunds for any purchases made unintentionally.

5.4. FlexiRoam reserves the right to change the prices or pricing scheme for FlexiRoam at any time.

5.5. FlexiRoam uses an electronic payment gateway called Stripe.Stripe is an on-line credit card processor that uses technology to ensure that transaction details are protected. Your full credit card details are received and processed by Stripe.

5.6. Any payment made for a Service is a gross payment including any applicable input tax, VAT or GST or other tax. If any payment attracts any further charges or taxes or duties you will pay that additional amount.

6. Equipment

6.1. You are responsible for your own devices that are used with FlexiRoam Microchip, FlexiRoam Simcard, FlexiRoam App and FlexiRoam eSim as well as its proper configuration and installation, in compliance with any regulations and applicable instructions by us or your device’s manufacturer. You are also responsible for all preparations required to install, initiate and halt the FlexiRoam Microchip, FlexiRoam Sim Card, FlexiRoam App and FlexiRoam eSim.

6.2. You agree to take responsibility to ensure your device is unlocked and is compatible with the FlexiRoam App, FlexiRoam Microchip, FlexiRoam Sim Card and FlexiRoam eSim.

6.3. The FlexiRoam Microchip, FlexiRoam Sim Card and FlexiRoam eSim remain the property of FlexiRoam at all times and ownership thereof will not at any time pass to the Member. The FlexiRoam Microchip, FlexiRoam Sim Card and FlexiRoam eSim will be returned immediately if FlexiRoam asks You to do so as the result of any of the circumstances set out in Clause 12, or where there is any other valid reason.

6.4. We are not liable for any damages or losses caused to your own devices during installation of the FlexiRoam Microchip, FlexiRoam Sim Card and FlexiRoam eSim and / or when used with FlexiRoam App.

7. Promotions and Promotional Data

7.1. FlexiRoam may conduct marketing campaigns and the Terms and Conditions of the said campaigns will be published in any media including and not limited to our Websites, official FlexiRoam social media channels, email, FlexiRoam App, Advertising and Commercials as determined by FlexiRoam.

7.2. Members may obtain or earn Promotional Data given by FlexiRoam and/or marketing partners. Any Promotional Data has no separate validity period hence it will follow the Purchased Data plan’s validity.

7.3. In-app call function is not available under selected Promotional Data plans.

7.4. FlexiRoam reserves the rights to end and/or withdraw any Promotions at their sole discretion at any time.

8. Termination of Account and Deduction of Promotional Data

8.1. FlexiRoam reserves the right to terminate Your Account and any other User’s Account and to withhold or deduct accumulated Promotional Data or other features or benefits obtained through Promotional Campaigns by You or any other User in the event that FlexiRoam determines or believes that the use or redemption of the Promotional Data was in error, fraudulent, illegal, or in violation of the applicable terms of the Promotional Campaign.

9. Responsibility For the Use Of FlexiRoam

9.1. You are solely responsible for the content of information and communications transmitted using the FlexiRoam App. You are responsible for all use of the FlexiRoam Microchip, FlexiRoam Sim Card and FlexiRoam eSim card the including use by third parties. In particular, you are responsible for the payment of all charges arising in connection with the use of FlexiRoam, including unintentional purchases. You must comply with all reasonable security procedures and standards with respect to FlexiRoam. FlexiRoam may communicate security issues to You when abuse or misuse is observed or reported by others.

9.2. Access to the Website and the Services is provided to you on the basis that you must not misuse this Website and or the Services. Accordingly, you will not do any of the following:

a. commit or encourage a criminal offence;

b. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

c. hack into any aspect of the Website or the Services; corrupt data; cause annoyance to other users;

d. maliciously interrupt the purchase of Goods and Services from the Website or the Services;

e. infringe upon the rights of any other person’s proprietary rights;

f. send any unsolicited advertising or promotional material (spam); or g. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website or the Services.

9.3. You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

9.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or the Services or to your downloading of any material posted on them.

10. General Provisions

10.1. Any difficulties You may have in relation to our Services should be addressed to the Customer Service Centre. Please visit the Website to obtain the Customer Service Centre contact number or email us at support@flexiroam.com.

10.2. The Services must not be used or relied upon as an alternative to contact Emergency Service Numbers anywhere in the world. If such a need arises, Users must use fixed telephone networks or the established Marine Emergency Procedures.

10.3. The Services are made available to You on the basis that You and any other party using the Services with your express, or implied consent, or for whose use of the roaming services, You are responsible. You will:

10.3.1. not use the Services for any improper or unlawful purpose or allow others to do so;

10.3.2. comply with all relevant legislation or regulations relating to the use of the Services and the use of the other GSM, HSDPA, 4G LTE & 5G network services;

10.3.3. comply with any reasonable instructions issued by us from time to time;

10.3.4. comply with any reasonable request, in particular, in relation to the investigation of fraud or other offenses; and

10.3.5. not act or omit to act in any way likely to injure or damage any person, property, or the network, or cause the quality of the Services to be impaired or interrupted in any manner whatsoever.

10.4. Actions considered abusive or fraudulent by a User of the Services may result in suspension or termination of Your Account, without any refund and/or the deduction of Data that in the opinion of FlexiRoam have been obtained illegally, fraudulently or in violation of the applicable Promotional Data terms or these Terms of Use. FlexiRoam is not required to provide any notice of such a withdrawal or such deductions but will attempt to provide warnings by any suitable means.

10.5. FlexiRoam may interrupt or suspend the Service at any time, on reasonable notice where possible, to facilitate any modification, maintenance, or remedial work in respect of the network. FlexiRoam will use all reasonable endeavors to keep such events to a minimum.

11. Cancellation or Expiration of Data

11.1. All unused Data upon the end of their validity period will be lost and not subjected to refunds or renewed.

11.2. In the event a Member decides to discontinue using the Services prior to the expiration of their purchased data plan duration, there will be no refund of monies paid by the Member.

12. Termination

12.1. FlexiRoam may terminate Your Account if:

12.1.1. You are in breach of any of these Terms of Use or fail to comply with them; or

12.1.2. You act or omit to act in such a way that the operation of the network or the quality of FlexiRoam may in our reasonable opinion be jeopardized or impaired; or

12.1.3. You use, or attach to, the network, equipment which is not approved for use with FlexiRoam, and which does not comply with all relevant legislation or regulations in relation to their use; and/or

12.1.4. FlexiRoam reasonably suspects that a fraud is being perpetrated against us or a third party; or

12.1.5. any of the information You have provided to us is found to be false.

12.2. FlexiRoam is entitled to terminate the said Services with immediate effect. However, you will be given a seven (7) days period to contact FlexiRoam to verify and/or appeal to FlexiRoam for the reinstatement of the said Services. Reinstatement will be considered on a case-by-case basis at the sole discretion of FlexiRoam.

12.3. Upon termination, FlexiRoam will retire your Account. FlexiRoam reserves the right to refuse any request for information where FlexiRoam is unable to verify that the request is not from the subscriber of the Account.

13. Provision Of the Services

13.1. You acknowledge that the Services are subject to different network service levels and agreements that currently exist between the mobile phone networks and that they are outside of the FlexiRoam’s control. FlexiRoam will endeavor to provide the Services at all times and FlexiRoam warrants to You that the Services will be provided using reasonable care and skill. Nevertheless, any warranties FlexiRoam provides You will not apply to any third-party services that You may access through the Services.

13.2. If the provision of the Services is prevented or delayed by any act or omission caused by You or any third party, FlexiRoam will not be liable for any costs, charges or losses sustained or incurred directly or indirectly from such prevention or delay.

13.3. FlexiRoam may, from time to time and without notice, change the Services in order to comply with any applicable safety, service improvement, regulatory or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for FlexiRoam.

13.4. Mobile data speed limits may apply depending on the situation deemed suitable by FlexiRoam. The maximum upload and download speeds you could experience on your device would be varied and not guaranteed – the actual speed you experience will depend on a number of factors including location, network coverage and network signal.

14. Limit Of Liability

14.1. You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

14.2. Save and except as the regulations or the law may allow, FlexiRoam’s liability will be limited at our option to:

14.2.1. In the case of a supply of the FlexiRoam Microchip, the replacement of the equivalent FlexiRoam Microchip, FlexiRoam Sim Card and FlexiRoam eSim; or

14.2.2. In the case of the Services, the supply of the Services again; or

14.2.3. The refund of the cost of You purchasing the FlexiRoam Microchip, FlexiRoam Sim Card and FlexiRoam eSim and the Services; or

14.2.4. In any event, the maximum amount claimed for whatsoever reasons other than those mentioned (including and not limited to the damages on any devices) by You will be limited to the cost of purchasing the FlexiRoam Microchip and the FlexiRoam Services.

15. Force Majeure

15.1. FlexiRoam will not be liable for any breach of this Agreement caused by Act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom FlexiRoam is not responsible which includes, but is not limited to, third party operators whom FlexiRoam may use in order to provide our Service, or any other cause whether similar or dissimilar or outside our reasonable control. Upon the happening of a force majeure event, FlexiRoam may elect to terminate this Agreement or the Service or any part thereof or suspend the performance of this Agreement in whole or in part for the duration of the delaying period.

16. User Personal Information Protection Notice

16.1. Our privacy policy, which sets out how we will use your information, can be found at https://www.flexiroam.com/privacy-policy By using this Website, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.

17. Security Risks

17.1. FlexiRoam is well aware of vulnerabilities and security risks from third-party attacks and has taken strict measures to ensure that the FlexiRoam Microchip has been designed to protect your Personal Information and your hardware from cyber threats. FlexiRoam assures You that FlexiRoam has been analysed and certified as being free from any functionality designed to undermine the security of FlexiRoam’s Users.

17.2. FlexiRoam will not be held liable for any damages or inconveniences caused by malicious parties, exploitation or misuse of FlexiRoam to the fullest extent permitted by law. You will indemnify FlexiRoam against all claim’s losses, liabilities, costs and damages that may incur because of the way the Service is used or because the Service is faulty or cannot be used arising otherwise than by reason of default on the part of FlexiRoam.

17.3. However, in the event that You feel that You may be facing a cyber threat, please contact FlexiRoam Customer Service Centre at the number listed on the Website immediately or contact us by email at support@flexiroam.com so that measures can be taken to safeguard your information and property.

18. Intellectual Property Ownership and Right Notices

18.1. FlexiRoam is protected by copyright, trademark, and other related intellectual property laws of Australia and other applicable jurisdictions. Users acknowledge and agree that FlexiRoam and all associated intellectual property rights, are the exclusive property of FlexiRoam.

18.2. All trademarks, service marks, logo, trade names, and other proprietary designations of FlexiRoam used by third parties or in connection with FlexiRoam are for identification purposes.

18.3. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.

19. Governing Law and Jurisdiction

19.1. This Agreement is governed by, and shall be construed in accordance with, the laws of the Hong Kong Special Administrative Region. The Parties hereby submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

20. Fair Usage Policy (“FUP”)

20.1. All offers related to the Services and/or the Website are subject to our Fair Usage Policy. The usage of the Services and/or the Website is expected to be a fair balance between Free Products and Paid for Products usage. Excessive volume or duration of only Free Products, determined at FlexiRoam’s discretion, acting reasonably, will constitute abuse.

20.2. FlexiRoam offers in some cases Plans that support Unlimited Use within a designated number of days. In these cases, there is a Daily Limit of 2Gb when either a low speed will prevail, or services will cease until the following day.

20.3. The Services and/or the Website is for individual use only (personal or business communications) in accordance with the Terms of Use and this FUP (“Legitimate Use”). The practices that are considered not Legitimate Use of Product include but not limited to:

20.3.1. using Software, Products, Services and/or FlexiRoam Website for telemarketing or call centre purposes.

20.3.2. sharing Product between users

20.3.3. calling numbers (whether singly, sequentially, or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications; and

20.3.4. unusual calling patterns inconsistent with normal, individual subscription use (for example, regular calls of short duration or calls to multiple numbers in a short period of time).

20.4. FlexiRoam reserves the right to apply associated usage charges and/or withdraw the service from any User Account supplied to users at any time in the case of overuse or abuse of the Free Products. FlexiRoam will not be liable for reimbursement, compensation of FlexiRoam credit or purchase price or any subsequent loss of any FlexiRoam Account that is suspended under this Fair Usage Policy. FlexiRoam also reserves the sole right to change this Fair Usage Policy at any time. Changes will become effective immediately after publication of the revised version on Software, Products, Services and/or FlexiRoam Website.

21. Refer a Friend

21.1. FlexiRoam App Users who have Global Plan may refer the FlexiRoam App through their “Referral Link” in the FlexiRoam app to new Users so both parties will then earn Promotional Data. The amount of Promotional Data that can be earned per referral is determined by FlexiRoam from time to time at FlexiRoam’s sole discretion.

21.2. A referral is considered successful when all the following terms are met:

21.2.1. Referee’s mobile device must not have installed any versions of the FlexiRoam App previously.

21.2.2. Referees must download FlexiRoam App from the App Store / Play Store redirected from the referral link sent by the referrer.

21.2.3. Referee must log in / sign up in the downloaded FlexiRoam App with one of the following methods

(i) Google Email that has never been registered in any version of FlexiRoam App.

(ii) Facebook account whose primary email has never registered any version of FlexiRoam App.

(iii) Sign up with an email that has never registered any version of FlexiRoam App previously.

21.3. FlexiRoam reserves the rights to change the terms stated in this document from time to time at FlexiRoam’s sole discretion.

22. Rollover Policy

22.1. Rollover Policy is only applicable for data plans that have the Data Rollover benefit stipulated in the data plan (e.g. Global Data Plan x1GB 7 days).

22.2. Data Rollover refers to the change of a user’s existing active data plan’s expiry date as a result of purchasing and activating the same data plan (i.e. same coverage and plan name).

22.3. Members are eligible to extend the validity of their existing active data plans to the expiry date of their latest activated plan (same data plan) for amounts of data up to the size of the new data plan activated. (i.e. activation of 1GB plan will only allow a rollover of up to 1GB).

22.4. If the unused Data balance is larger than the new plan, only the amount of data equal to the new plan will be carried forward.

23. Wallet Credit Policy

23.1. FlexiRoam reserves all rights in determining the products and services for which wallet credit can be used to purchase.

23.2. Data Plan promotions that provide discounts of 70% and above will not be available to be purchased with wallet credit.

23.3. A dormant user account is defined as an account who has not purchased a data plan using cash, credit card or wallet credit OR used any data with FlexiRoam in a 24-month period.

23.4. Wallet credit in user accounts that are dormant will be removed and forfeited.

23.5. Users can reinstate their forfeited wallet credit by reaching out to FlexiRoam’s customer support line.

23.6. Wallet credit is strictly not refundable.

24. Invalidity

24.1. If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.

25. Complaints

25.1. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to support@flexiroam.com.