Terms and Conditions

Terms & Conditions - Wraptel International Data SIM (www.WraptelDataSIM.com)

1   YOUR AGREEMENT WITH WRAPTEL INC. for the Wraptel International Data SIM (www.WraptelDataSIM.com). The terms are effective on the earlier of the purchase of the Data SIM or provision or use of Wraptel services or the receipt of funds by Wraptel for the purchase of SIM cards or Wraptel services as advertised on the WraptelDataSIM website.

1.1 Wraptels’s internet communication software applications (“Internet Communications Software”), other ‘Wraptel branded software applications (collectively the “Wraptel Software”), including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by Wraptel Inc.

1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by Wraptel Inc.

1.3 Any additional products or features of the Wraptel branded products, that you pay for (including products or features which are available for free on a trial basis only) (“Paid For Products”) are provided to you by Wraptel Inc.

1.4 Wraptel Inc websites (“www.wraptel.com and www.wrapteldataSIM”) are operated by Wraptel Inc.

1.5 “Wraptel International Data SIM (www.WraptelDataSIM.com)” is the international data only roaming service introduced by Wraptel Inc to outbound customers.“Products” means collectively the Free Products and Paid For Products;“you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.

1.6 Your agreement with Wraptel is made up of the terms and conditions set out in this document, together with any fair usage policies, privacy policy described in this document (collectively the “Terms”). To the extent of any inconsistency among the fair usage policies, privacy policy and this document, this document shall take precedence.

2   ACCEPTANCE OF THE TERMS

2.1 In order to download and/or use the Software, Products and/or WraptelDataSIM website you must first accept these Terms.
These Terms are accepted by you
(a) when you click to accept or agree the Terms; or

(b) when you download and/or use the Software, Products and/or WraptelDataSIM website. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or Wraptel in accordance with paragraph 11.

(c) when you use the Wraptel International Data SIM

2.2 You cannot accept these Terms if:
(a) you are not lawfully entitled to use the Software, Products and/or WraptelDataSIM website in the country in which you are located or resident or

(b) if you are not of legal age to form a adding agreement with Wraptel Inc.

2.3 In some countries/territories the Products may be provided to you by Wraptels local partner. Under such circumstance, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.

3   CHANGES TO THE TERMS

3.1 Wraptel may make changes to these Terms from time to time. Wraptel will publish the changes in WraptelDataSIM website or Software. Changes to the fair usage policies and privacy policy will be posted on the applicable WraptelDataSIM website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or WraptelDataSIM website after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Wraptel in accordance with paragraph 11 below.

4   LICENCE

4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual Wraptel Account. For the avoidance of doubt,

(a) IT administrators working on behalf of a company may download and install the Wraptel software onto personal computers or other devices used by personnel of such company; and

(b) you are permitted to use the Software at a university or other educational institution, or at work. Wraptel reserves all rights not expressly granted to you under these Terms.

4.2 Restrictions. You may not and you agree not to.

(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;

(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);

(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;

(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 4.1 above;

(e) other than for the purposes of download and installation, use the Software except through your User Account.

4.3 Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that:

(a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology;

(b) some Products and/or functionality may not be accessible through the Third Party Technology and

(c) Wraptel Inc cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.

5   USE OF THE SOFTWARE AND PRODUCTS AND Wraptel WEBSITES

5.1 Equipment. In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.

5.2 Use of Your Equipment. The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.

5.3 Updates to the Software. It may automatically check your version of the Wraptel Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. Wraptel has no obligation to make available any Updates. However, Wraptel may require you to download and install Updates. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from Wraptel in order to continue using the Wraptel Software and you agree to accept such Updates subject to these Terms.

5.4 Suspension, technical improvement and maintenance. From time to time, Wraptel may need to perform maintenance on or upgrade the Software, Products or WraptelDataSIM Website or the underlying infrastructure that enables you to use the Software, Products or WraptelDataSIM Website. This may require Wraptel to temporarily suspend or limit your use of some or all of the Software, Products or WraptelDataSIM Website until such time as this maintenance and/or upgrade can be completed. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or WraptelDataSIM website.

5.5 Notice and Take-Down. If Wraptel receives any notification that any material that you post, upload, edit, host, share and/or publish on the WraptelDataSIM Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if Wraptel wishes to remove your User Submission for any reason whatsoever, Wraptel reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by Wraptel in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Wraptel is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately. Wraptel reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.

5.6 Quality. Wraptel cannot guarantee that the Software, Products or WraptelDataSIM website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or WraptelDataSIM Website, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Wraptel takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

5.7 Changes to Products. Wraptel is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the WraptelDataSIM website. If you do not agree with any changes to Software and Products you may terminate your relationship with Wraptel in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the WraptelDataSIM Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.

5.8 Unsolicited Ideas. Wraptel does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to Wraptel through the WraptelDataSIM Website or otherwise, you acknowledge and agree that Wraptel shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.

5.9 Reports. Certain parts of the WraptelDataSIM Website or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Wraptel. Wraptel shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Wraptel will not be treated as confidential and Wraptel shall not be liable for any disclosure of the Reports.

5.10 Linking. You may link to the WraptelDataSIM from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Wraptel where none exists. You may not frame the Site on any other site.

6   YOUR OBLIGATIONS

6.1 User Account. Prior to your first use of the Wraptel Software, you will be asked to create a User Account by inputting your telephone number and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Wraptel takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.

6.2 Lawful Use. You must use the Software, Products and WraptelDataSIM Website in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or WraptelDataSIM Website. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or WraptelDataSIM Website where you are located.

6.3 Prohibited Use. You may not:

(a) intercept or monitor, damage or modify any communication which is not intended for you;

(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, WraptelDataSIM Website, communication or protocols;

(c) send unsolicited communications (also referred to as ‘SPAM’, ‘SPIM’ or ‘SPIT’) or any communication not permitted by applicable law or use the Software, Products or WraptelDataSIM Website for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;

(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;

(e) use the Software, Products or WraptelData Website to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or

(f) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or

(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or WraptelDataSIM Website;

(h) impact or attempt to impact the availability of the Software, Products or WraptelDataSIM Website for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;

(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or WraptelDataSIM Website. Notwithstanding the foregoing, you agree that Wraptel grants to the operators of public search engines permission to use spiders to copy materials from the WraptelDataSIM Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Wraptel reserves the right to revoke these exceptions at any time.

6.4 User Submissions. Please exercise respect when participating in any features of the WraptelDataSIM website or Software such as forums, blogs, email functions, video hosting, sharing and/or publishing or any other function on the WraptelDataSIM Website or of the Wraptel Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that:

(i) by using the WraptelDataSIM Website and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk;

(ii) you are solely responsible for, and Wraptel has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the WraptelDataSIM Website or through the Software;

(iii) Wraptel does not guarantee any confidentiality with respect to User Submissions, whether or not they are published

(iv) Wraptel is not responsible for any User Submissions that you may have access to through your use of the WraptelDataSIM Website or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. Wraptel does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.

In connection with your User Submissions, you represent and warrant that you

(a) own or have the necessary licenses, rights, consents, and permissions to use and authorize Wraptel to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and

(b) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.

If, at any time you choose to upload or post User Submissions to the WraptelDataSIM Website or through the Software (excluding Reports and excluding the content of your communications) you automatically grant Wraptel a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trademarks associated therewith, in connection with the WraptelDataSIM website and Wraptels Software and Products including for the purpose of promoting or redistributing part or all of the WraptelDataSIM Website and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the WraptelDataSIM Website and/or Wraptel’s Software or Products a non-exclusive license to access your User Submission through the WraptelDataSIM Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the WraptelDataSIM Website and/or Software or Products and pursuant to these Terms of Use. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.

You may not submit or publish through the WraptelDataSIM Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the WraptelDataSIM Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the WraptelDataSIM Website or Software or features that prevent or restrict the use of any content thereof.

6.5 Your Information. From time to time, Wraptel may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.

6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.

6.7 Export Restrictions. The Software may be subject to international rules that govern the export of software. You shall comply with all applicable laws that apply to the Software as well as end-user, end-use, destination restrictions issued by governments or similar bodies, and restrictions on embargoed country. Wraptel is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of any relevant export control and sanctions regulations.

7   PROPRIETART RIGHTS

7.1 The Software, Products and WraptelDataSIM Website contain proprietary and confidential information that is protected by intellectual property laws and treaties.

7.2 The content and compilation of content included on the WraptelDataSIM Website, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Wraptel, its affiliates or licensors and are protected by the applicable copyright laws. Such copyright protected content cannot be reproduced without Wraptel’s express permission. Wraptel reserves all rights not expressly granted in the WraptelDataSIM Website.

7.3 Wraptel and/or its licensors retain exclusive ownership of the Software, Products and WraptelDataSIM Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with Wraptel’s intellectual property rights in the Software, Products and/or WraptelDataSIM Website.

7.4 All trademarks not owned by Wraptel or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Wraptel’s intellectual property (in whole or part) or that is confusingly similar thereto.

8   CHARGES

8.1 Charges for other Paid For Products. The charges for other Paid For Products will be confirmed to you before you complete a purchase from Wraptel. Wraptel may change the charges payable for the purchase of such Products at any time without any notice to you. The new charges will apply to your next purchase after the new charges have been published.

8.2 Promotional Offers. From time to time, Wraptel may offer Paid-For Products for free for a trial period. Wraptel reserves the right to charge you for such Products (at the normal rate) in the event that Wraptel determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.

8.3 Tax. Wraptel reserves the right to apply value-added tax or other taxes at the appropriate rate as per applicable tax rules at the time of purchase.

8.4 Third Party Charges. Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

9   PAYMENT

9.1 Payment methods. You can pay by using most major credit cards. Wraptel reserves the rights to remove or change the payment methods.

10   ENDING YOUR RELATIONSHIP WITH Wraptel

10.1 You may terminate your relationship with Wraptel at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or WraptelDataSIM Website and cancelling any recurring payments.

10.2 Wraptel may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or WraptelDataSIM Website at any time and without recourse to the courts:

(a) if you are in breach of these Terms;

(b) if Wraptel reasonably suspects that you are using the Software, the Products and/or WraptelDataSIM Website to break the law or infringe third party rights;

(c) if Wraptel reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.

(d) if Wraptel reasonably suspects that you are using our Products, Software and/or WraptelDataSIM Website fraudulently or that your User Account is being used by a third party fraudulently;

(e) in respect of a particular Product, on thirty (30) days' notice if Wraptel decides to cease offering that Product;

(f) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of Wraptel’s partners;

(g) on thirty (30) days' notice if Wraptel decides to cease offering the Software to users in your jurisdiction generally.

10.3 Wraptel shall effect such termination by preventing your access to your User Account, the Software, Products and/or WraptelDataSIM Website (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.

10.4 Consequences of Termination. Upon termination of your relationship with Wraptel: (a) all licenses and rights to use the Software, Products and/or WraptelDataSIM Website shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or WraptelDataSIM Website; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.

11   EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

11.1 For the purposes of this paragraph 12, "Wraptel" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

11.2 No Warranties. To the maximum extent permitted by law: the Software, Products and WraptelDataSIM Website are provided "as is" and used at your sole risk with no warranties whatsoever; Wraptel does not make any warranties, claims or representations and expressly disclaims all such warranties of any kind, whether express, implied or statutory, with respect to the Software, Products and/or WraptelDataSIM Website including, without limitation, warranties or conditions of quality performance, non-infringement, merchantability, or fitness for use for a particular purpose. Wraptel further does not represent or warrant that the Software, Products and/or WraptelDataSIM Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor does Wraptel warrant any connection to or transmission from the Internet, or any quality of calls made through the Software.

11.3 Nothing in this these Terms shall exclude or restrict Wraptel's liability for

(a) death or personal injury,

(b) loss resulting from Wraptel's wilful default or gross negligence,

(c) fraud or deliberate misrepresentation, or

(d) any liability which cannot be limited or excluded by applicable law.

11.4 No Liability. You acknowledge and agree that Wraptel will have no liability whatsoever, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Wraptel, in connection with or arising from your use of WraptelDataSIM Website, or the Internet Communications Software or other Software that is provided free of charge. Your only right or remedy with respect to any problems or dissatisfaction with such Software and/or WraptelDataSIM Website is to immediately uninstall such Software and cease use of such Software and/or WraptelDataSIM Website.

11.5 Limitation of Liability. Subject to paragraphs 12.3 and 12.4 above, Wraptel shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Wraptel, for:

(a) any indirect, special, incidental or consequential damages; or

(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or

(c) any damage to or corruption of data (whether direct or indirect);

(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:

1. your inability to use the Software to contact Emergency Services;

2. your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above;

3. the service limitations set out in paragraph 5.6;

4. your failure to provide accurate physical location information to an Emergency Services operative; or

5. conduct of third party Emergency Services operatives and calling centres to which you may be connected.

(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:

1. any product or service provided by a third party under their own terms of service;

2. any Third Party Technology;

3. any third party website.

11.6 Subject to paragraphs 12.3, 12.4 and 12.5 above, Wraptel’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) shall not exceed in aggregate the amount paid by you for the Products in the twelve(12)-month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of five thousand US Dollars (USD5,000) in all cases.

11.7 If any third party brings a claim against Wraptel in connection with, or arising out of

(a) your breach of these Terms;

(b) your breach of any applicable law of regulation;

(c) your infringement or violation of the rights of any third parties (including intellectual property rights);

(d) your User Submissions or

(e) your compliant in relation to any User Submission, you will indemnify and hold Wraptel harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

12   YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY

Wraptel is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy on WraptelDataSIM Website.

13   HOW TO CONTACT Wraptel

To contact Wraptel in relation to the Wraptel Software or “Wraptel” branded Products, please submit a support request on WraptelDataSIM Website.

14   MISCELLANEOUS

14.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Wraptel.

14.2 For your convenience, Wraptel may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with CMI.

14.3 These Terms constitute the entire agreement between you and Wraptel with respect to your use of the Software, Products and/or WraptelDataSIM Website and replace any prior agreements between you and Wraptel with respect to the Software, Products and/or WraptelDataSIM Website.

14.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.

14.5 The failure by Wraptel to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Wraptel’s right or remedy. If Wraptel waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

14.6 You may not assign these Terms or any rights or obligations contained in them. Wraptel may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

14.7 This paragraph 14, along with paragraphs 4.2, 12 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

14.8 You acknowledge and agree that if Wraptel is unable to provide the Software, Products and/or WraptelDataSIM Website as a result of a force majeure event, Wraptel will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Wraptel.

14.9 These Terms shall be governed by and interpreted in accordance with the laws of Canada and shall be subject to the exclusive jurisdiction of the courts of the district of Canada.

14.10 Actual data transmission speed may vary due to many factors, including but not limited to: network traffic conditions, handset models, handset settings (both hardware and software), uploaded/downloaded content and other external factors, etc.

14.11 Calculation of data usage duration and volume is based on the network report of Wraptel. In case of dispute, the records of Wraptel are conclusive and adding.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR WRAPTELDATASIM WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO WRAPTEL THE RIGHTS SET FORTH HEREIN.