YES SIM - Terms of Use

Welcome to the YES Sim website (the "Site"), which is provided to you by EX4U Telecom ("EX4U"). Your use of the Site and YES Sim services, whether offered directly by EX4U or through a travel partner, are subject to the following Terms of Use and any operating rules or policies that may be published from time to time by EX4U. Please read these Terms of Use carefully. By checking the "I have read and accept the terms and conditions of the YES Sim Terms of Use" box during registration for an account or by using the Site or the Services (as defined below) you agree to be bound by these Terms of Use. If you do not agree with or cannot comply with the Terms of Use, please do not use the Site or the Services.

Changes to the Terms of Use

EX4U may, in its sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on the Site. Your continue use of the Site or the Services after such changes are posted will constitute your agreement to such changes.

The Services

EX4U offers a number of products and services on the Site and through partners, such as global phone cards, international pay-as-you-go mobile phones and SIM cards, toll-free access to send and receive voice messages, email accounts, travel journals and travel tools (collectively, the "Services"). Registration and payment may be required to use the Services. Pre-payment using a credit card is also required for the use of certain Services. EX4U may require proof of identity prior to the sale of or use of the Services. Eligibility restrictions, if any, will be noted when registering for each Service. EX4U will keep a record of all Services provided to you.

Mobile Equipment; SIM Card; Telephone Number

You are responsible for your own end material (such as handsets, plug adaptors and chargers) and its proper configuration and installation, in compliance with any regulations and applicable instructions by EX4U or the manufacturer. You are also responsible for all preparation to install the Service, such as preparing and inserting SIM cards (interface cards) and setting adequate protocols. You agree to follow all instructions to properly insert the SIM card into your mobile phone. You have no right to be assigned or keep a particular phone number. EX4U has the right to cancel or change any phone number or other address element it may have assigned to you without compensation, if required for operational or technical reasons or as a result of government regulations or new partnerships. EX4U does not provide mobile phone number or SIM card portability. Any and all rights attached to a phone number assigned by EX4U to you remain vested in EX4U. All SIM cards remain the property of EX4U, which reserves the rights to alter and develop its content as well as claim its return.

Note: All YES SIM cards will work in any unlocked GSM phone.

GSM Network Coverage

EX4U offers mobile phone and SIM card users a high degree of coverage via the GSM mobile network. Coverage depends on the network, technical and operational capabilities of the roaming partner. Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. Lists and maps of coverage areas are available on the Site. EX4U will update this information when additional service becomes available. EX4U will make every effort to provide a high level of availability for its mobile network. However, EX4U is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities (SMS, for example). EX4U reserves the right to service its mobile network at any time, which may result in temporary disruptions. No representations or guarantees are made with regard to availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines.

Modifications to the Site or the Services

EX4U reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site or the Services including but not limited to products, services, content, features or hours of availability. EX4U may impose limits on certain features of the Site or the Services, or restrict your access to part or all of the Site or the Services without notice or penalty.

Charges for the Services

You agree to pay all charges for requested Services in US Dollars. For Services which require pre-payment, you agree to pre-pay for the Service by bank deposit, wire transfer or if prior authorized by EX4U by debiting your credit / debit card the selected amount. The cost of the Service you use will be debited against the prepaid credit using the then current prices for the Service. In the event your charges exceed your pre-paid credit, you agree to pay any amounts owed to EX4U within four (4) days from EX4U request or EX4U may immediately suspend the Services. You agree to pay for all charges associated with your account, whether or not the use of your PIN was authorized by you. The charges will be deemed to be correct if they accurately reflect the technical records created by a correctly programmed system. You can request an extract of the Service records in writing (by mail, fax or email) from Customer Care withinthirty (30) days after the disputed charge. EX4U reserves the right to change the prices for the Services at any time. The current applicable prices, which are quoted in US Dollars, may be found on the Site or by calling Customer Care.

Off Network Usage

Any deliberate off network usage of the service (an attempt to circumvent the normal operation of the service in order to avoid paying for use) is prohibited. Any off network usage that is recorded will incur a separate surcharge (on top of standard rates):
- $4 per text message
- $4 per minute to make calls and receive calls
This surcharge may not be billed for to 70 days after actual usage.

Expiration

Phone cards

Any credit balance in your account will expire if you have not made a call using your account for a period of six (6) months. The credit balance may be re-instated by Customer Care, if you recharge your account within six (6) months.

Mobile Phones and SIM Cards

Any credit balance in your account will expire if you have not made a call using your account for a period of six (6) months. The credit balance may be re-instated by Customer Care, if you recharge your account within six (6) months or purchase a new SIM card.

Return/Refund Policy

Mobile Phones, SIM Cards and Phone cards

EX4U does not offer refunds for Mobile Phones, SIM cards and phone cards. Any remaining credit on a SIM card or phone card should be used by making local and international calls, and will expire after six (6) months of inactivity.

Stolen, Lost or Damaged Mobile Phones and SIM Cards

EX4U does not offer refunds for stolen, lost or damaged mobile phones or SIM cards. However, any remaining calling credit can be transferred if a new mobile phone or SIM card is purchased from EX4U. Please contact Customer Care to arrange your calling credit transfer.

Used SIM Cards

EX4U does not offer refunds for used SIM cards.

Repair Policy

Mobile Phones

All defective mobile phones sold by EX4U must be reported by contacting Customer Care within the following warranty periods:

  • Refurbished handsets: within thirty (30) days of purchase

  • New handsets: within one (1) month of purchase

Customer Care will then determine if further analysis needs to be performed on the mobile phone and will advise you if it is necessary to send the mobile phone in order to be analyzed and, if required, repaired. Mobile phones must be sent to the designated EX4U location at your expense. You must return your mobile phone in "like new" condition, with all original boxes and packing materials, components, manuals, blank warranty cards and other accessories provided by the manufacturer. You must repack the mobile phone in its original packaging, along with all manuals, accessories and related materials, and place the packaged product in a protective outer box. If the mobile phone cannot be repaired within fourty-five (45) days from the date the manufacturer receives it from EX4U, you may receive a replacement. EX4U will only be responsible for providing adequate information to receive calls, make outgoing calls, send text messages (SMS), data and to add airtime. All repair and warranty inquiries will be answered when the information is available to EX4U from its suppliers' service centers.

SIM Cards

All defective SIM cards sold by EX4U must be reported by writing to Customer Care within thirty (30) days of purchase. Customer Care will then determine if further analysis needs to be performed on the SIM card and will advise you if it is necessary to send the SIM card in order to be analyzed. The SIM card must be sent to the designated EX4U location at your expense. You must return your SIM card in "like new" condition, with all original boxes and packing materials, components, manuals, blank warranty cards and other accessories provided by the manufacturer. You must repack the SIM card in its original packaging, along with all manuals, accessories and related materials, and place the packaged product in a protective outer box. If the SIM card cannot be repaired within fourty-five (45) days from the date the manufacturer receives it from EX4U, you may receive a replacement. You authorize EX4U to load data and software onto your SIM card as required.

No Insurance Coverage

EX4U will not be liable for, nor shall any adjustment, refund or credit of any kind be made as a result of any loss, damage, delay, misdelivery, no delivery, misinformation or failure to provide information including, but not limited to, any such loss, damage, delay, misdelivery, no delivery, misinformation or failure to provide information caused by or resulting from: (a) delays caused by Customs' clearance procedures or those of other regulatory agencies; (b) delays in delivery caused by adherence to shipping company policies regarding the payment of duties and taxes; (c) YES Sim inability to provide a copy of the delivery record; (d) YES Sim failure to notify you of any delay or loss of your shipment and its contents; (e) shipments released without obtaining a signature if the recipient has provided authorization by signing a release delivery authorization and indemnification agreement; or (f) YES Sim shipping company's failure or inability to attempt to contact the sender or recipient concerning incomplete or inaccurate address; incorrect, incomplete, inaccurate or missing documentation; payment of duties and taxes necessary to release a shipment; or an incomplete or incorrect customs broker's address. EX4U will also not be liable for any package where our records do not reflect that you made a purchase from us.

Account and PIN

You agree that all account information provided by you is accurate and up-to-date, and you will promptly notify EX4U of any changes. You are solely responsible for protecting the confidentiality of your PIN and may not disclose your PIN to any other person. You are also solely responsible for all acts and omissions that occur in connection with your account or PIN, whether or not authorized by you. You agree to notify EX4U immediately if your PIN is stolen or otherwise passes out of your control so that access using the PIN can be terminated. Until you notify EX4U in writing, you are responsible for all charges associated with your PIN.

User Conduct

The Site and Services are provided to individuals only. Any unauthorized commercial use or resale of the Site or the Services is prohibited. The use of the Site or the Services to solicit business for any competitive website or service is also prohibited. You are solely responsible for the content and context of any materials you post or submit through the Site or the Services or that are posted or submitted using your account. Please choose carefully what you post or submit. You agree to comply with the Terms of Use and all applicable local, state, national and international laws, regulations, ordinances, and rules when using the Site and the Services. You warrant and agree that while using the Site and the Services, you will not:

  • use the Site or the Services in connection with chain letters, junk email, spamming, any duplicative or unsolicited messages (commercial or otherwise), or advertising of any kind;

  • harvest or otherwise collect information about others, including email addresses, without their consent;

  • create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;

  • upload, post, transmit, distribute or otherwise publish through the Site or the Services unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, false, misleading, offensive or otherwise objectionable material;

  • upload, post, transmit, distribute or otherwise publish any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trade marks or copyright;

  • upload, post, transmit, distribute or otherwise publish any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;

  • upload, post, transmit, distribute or otherwise publish a photograph of another person without that person's consent;

  • solicit personal information from anyone under the age of 18;

  • use the Site or the Services to violate any applicable law restricting the export or import of data, software or any other content;

  • interfere with or disrupt networks connected to the Site or the Services or violate the regulations, policies or procedures of such networks;

  • gain or attempt to gain unauthorized access to the Site or the Services, other accounts, computer systems or networks connected to the Site or the Services, through password mining or by any other means;

  • interfere with another member's use and enjoyment of the Site or the Services or another entity's use and enjoyment of similar services;

  • use the Site or the Services in any unethical manner or contrary to accepted community standards; or

  • engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.

No Spam

EX4U will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition to YES Sim other rights or remedies, you agree to pay EX4U the sum of eight dollars (USD$8) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account (which is YES Sim genuine estimate of the damage it would suffer) or YES Sim actual damages, whichever is greater.

Responsibility for Use of Mobile Lines

You are solely responsible for the content of information and communications transmitted using the Site and the Services. You are responsible for all use of your mobile line, including use by third parties. In particular, you are responsible for the payment of all charges arising in connection with use of your mobile line including goods and services ordered or obtained via your mobile line. PIN/PIN2 and PUK/PUK2 codes and any other security codes that may be assigned should be stored carefully and separately from the mobile phone and the SIM card, and should not be disclosed to anyone. You must comply with all reasonable security procedures and standards with respect to the Service, including activating and periodically changing your PIN code. EX4U may communicate security issues to you when abuse or misuse is observed or reported by others.

Intellectual Property

You acknowledge and agree that all content and materials available on the Site and via the Services, including but not limited to the EX4U name and logos, text, music, software, photographs, and video, are protected by intellectual property and other laws. Except as expressly authorized by EX4U, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you keep intact all proprietary and other notices.

EX4U does not claim any ownership rights in the content or materials posted by you or other members. By uploading, posting, transmitting, distributing or otherwise publishing content and materials on the Site or via the Services, you: (a) grant EX4U a non-exclusive, worldwide, royalty-free, sub licensable and transferable license to use, modify, publicly perform, publicly display, reproduce, edit, translate, aggregate, reformat, prepare derivative works based upon, distribute and otherwise exploit the content and materials, in whole or in part, on the Site and via the Services; and (b) represent and warrant that you own the content and materials or have the right to grant the license to EX4U.

In appropriate circumstances and at its sole discretion, EX4U may suspend or terminate the access of and take other action against users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify EX4U by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512):

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EX4U to locate the material;

  • Information reasonably sufficient to permit EX4U to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notification should be sent to YES Sim copyright agent or to info(at)ex4u.org.

Special Terms
EX4U Telecom reserves the right to restrict the use of YES ONE and YES TWO Sim for receiving calls without making outbound calls or the use of YES ONE and YES TWO Sim largely/mainly for receiving calls but with making an inordinately few outbound calls. This s to prevent unscrupulous abuse of the service facility that we provide to YES ONE and YES TWO Sim subscriber.
As a guideline, the inbound call minutes should not be greater than 70% of the total volume of minutes of inbound and outbound calls combined.

Endorsements

All product and service marks that appear on the Site and the Services that are not EX4U marks are the marks of their owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.

Monitoring

You agree that EX4U has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site or via the Services. Notwithstanding this right, EX4U does not and cannot review all materials posted by users on the Site or via the Services and EX4U is not responsible for any materials posted by users.

Submissions

All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site or via the Services will become the exclusive property of EX4U. EX4U will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.

Privacy

EX4U respects your privacy. For an explanation of our practices with regards to information collected or submitted to the Site or for the Services, please see our Privacy Policy online.

DISCLAIMER OF WARRANTIES

THE SITE AND THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EX4U DOES NOT WARRANT THAT THE SITE AND THE SERVICES, OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL EX4U BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF EX4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF EX4U TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS (US$100) IN THE AGGREGATE.

Indemnification

You agree to defend, indemnify and hold EX4U and its officers, directors, employees, agents, resellers, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered by them in connection with any claim arising out of or related to: (a) your use of the Site or the Services; (b) your breach or violation of any of these Terms of Use; (c) your dispute with another user; or (d) the unauthorized access to any password-protected area of the Site or the Services using your password. EX4U reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of EX4U.

Termination

This agreement constitutes a binding agreement between you and EX4U until terminated by you or EX4U, which EX4U may do at any time, without notice, in its sole discretion. Without limiting the foregoing, reasons for termination may include YES Sim belief that: (a) you have breached the Terms of Use; (b) you are or may become insolvent or bankrupt; (c) an unauthorized person is or may be using your account; (d) you do not have any prepaid credit; (e) your use may be damaging or degrading the integrity of a third party network used by EX4U; (f) it is required to comply with a government request or order; (g) it is required to perform exceptional facilities' upgrades or maintenance; or (h) it is required to protect EX4U, the Site or the Services. If you become dissatisfied with the Site or the Services, your only recourse is to immediately discontinue use of the Site or the Services. ALL OUTSTANDING CHARGES WILL BECOME IMMEDIATELY DUE AND PAYABLE TO EX4U UPON NOTICE OF TERMINATION AND IN NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO ANY REFUND OF PAYMENTS MADE.

Choice of Law; Forum

This agreement shall be governed by and in accordance with the laws of the country of Costa Rica, without regard to conflicts of law provisions. Any controversy involving EX4U arising from or in any way related to the Terms of Use or your use of the Site or the Services shall be heard in the appropriate State or Federal court in the City and County of San Jose, Costa Rica and you irrevocably consent to the jurisdiction of such courts.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to EX4U at info(at)ex4u.org or to you at the email address you provide to EX4U. Notice shall be deemed given fourty eight (48) hours on business days after the email is sent, unless the sending party is notified that the email address is invalid.

General Provisions

If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or EX4U to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. A waiver is only effective in the specific instance and for the specific purpose for which it was given. You agree that any cause of action arising out of or related to the Site, the Services or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You cannot assign your rights under the Terms of Use without YES Sim prior written approval. Except as expressly stated otherwise, the rights and remedies under these Terms of Use do not exclude any other right or remedy provided by law or in equity. The Terms of Use and all registration forms comprise the entire agreement between you and YES Sim all prior agreements between the parties, regarding the subject matter contained herein. The Terms of Use have been executed in the English language, which language will be controlling. No translation, if any, of the Terms of Use into any other language will have any effect on the interpretation of the Terms of Use or in determining the intent of the parties. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Use.

Feel free to contact us (info(at)ex4u.org) with any questions about the Terms of Use.

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