TERMS & CONDITIONS
This service is supplied by Similicious.com, owned by ADM Industries Inc. Your use of Similicious.com's services are subject to the following TERMS & CONDITIONS and any operating rules or policies that may be published from time to time by Similicious.com on its website, www.Similicious.com (the "Site"). Please read these TERMS & CONDITIONS carefully. By checking the 'I have read and accept the terms and conditions of the Similicious.com TERMS & CONDITIONS' box during check out you agree to be bound by these TERMS & CONDITIONS.
CHANGES TO THE TERMS & CONDITIONS
Similicious.com may, in its sole discretion, change, add or remove any portion of the TERMS & CONDITIONS at any time by posting new TERMS & CONDITIONS on the Site. Your continued use of the Site or the Services after such changes are posted will constitute your agreement to such changes.
Similicious.com offers a number of products and services on the Site, such as pre-paid SIM cards (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. Similicious.com 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. Similicious.com will keep a record of all Services provided to you.
EQUIPMENT; SIM CARD; ADAPTORS
You are responsible for your own end material (such as handsets, tablets and other such devices that use SIM cards) and its proper configuration and installation, in compliance with any regulations and applicable instructions by Similicious.com or the manufacturer. You are also responsible for all preparation required to install the Service, such as the insertion of SIM cards (interface cards) and setting adequate protocols. You agree to follow all instructions to properly insert the SIM card into your handset or device. Similicious.com has the right to cancel or change any SIM card 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. Similicious.com does not provide mobile phone number or SIM card portability. Any and all rights attached to a SIM card assigned by Similicious.com to you remain vested in Similicious.com.
Similicious.com offers SIM card users a high degree of coverage via the 4G LTE, 4G HSPA+ and 3G HSPA (850/1700 MHz) mobile networks. 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. Similicious.com will update this information when additional service becomes available. Similicious.com will make every effort to provide a high level of availability for its mobile network. However, Similicious.com is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities. No representations or warranties are made with regard to availability, quality, operation on its mobile network, on third-party networks or with third-party lines.
NETWORK PROVIDERS TERMS & SERVICE
You agree to the TERMS & SERVICES of the cellular providers for which networks you will be connecting to. To find out which network you will be using please contact us at info@Similicious.com. By agreeing to Similicious's Terms & Conditions you also agree to the TERMS & CONDITIONS of our providers below.
You can view the TERMS & CONDITIONS at the following links.
MODIFICATIONS TO THE SITE OR THE SERVICES
Similicious.com 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 of the Site or the Services. Similicious.com may impose limits on certain features of the Site or the Services, or restrict your access to all or part of the Site or the Services without notice or penalty.
CHARGES FOR THE SERVICES
You agree to pay all charges for requested Services in CAN Dollars. For Services that require pre-payment, you agree to pre-pay for the Service by debiting your credit card the applicable amount. The cost of the Service you use will be debited against the prepaid credit using the then-current prices for the Service. The charges will be deemed to be correct if they accurately reflect the technical records created by a correctly programmed system. Similicious.com reserves the right to change the prices for the Services at any time. The current applicable prices, which are quoted in CAN Dollars, may be found on the Site or by calling Customer Service.
You agree that failure to do so will result in further charges from Similicious that you agree to pay. Extra charges are displayed on the Site or from Customer Service.
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 the Service) is prohibited. Any off network usage that is recorded will incur a separate surcharge (on top of standard rates):
EXPIRATION AND SERVICE DE-ACTIVATION
Expiration occurs automatically after 30 days of activation unless another order has been placed to extend the service.
USED, STOLEN, LOST OR DAMAGED SIM CARDS
Similicious.com does not offer refunds for used, stolen, lost or damaged SIM cards.
The Site and Services are provided to individuals only. You are solely responsible for the content of any materials you submit through the Site or the Services or that are submitted using your account. Please choose carefully what you submit. You agree to comply with the TERMS & CONDITIONS and all applicable local, state, federal and international laws, regulations, ordinances, rules, orders, treaties and other requirements when using the Site and the Services. You warrant and agree that while using the Site and the Services, you will not:
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; or
engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.
RESPONSIBILITY FOR USE OF SIM CARDS
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 SIM card, including use by third parties. In particular, you are responsible for the payment of all charges arising in connection with use of your SIM card, the Site or the Services. You must comply with all reasonable security procedures and standards with respect to the Service. Similicious.com may communicate security issues to you when abuse or misuse is observed or reported by others.
You acknowledge and agree that all content and materials available on the Site and via the Services, including but not limited to the Similicious.com name and logos, text and software, are protected by intellectual property and other laws. All patents, trademarks, tradedress, copyrights, trade secrets or any other form of intellectual property (the "Intellectual Property") that Similicious.com uses in connection with provision of the Site and the Services are Similicious.com's exclusive property and you disclaim all rights in the same. Except as expressly authorized by Similicious.com, any use, copy, reproduction, display, performance, modification or transmission of the Intellectual Property is strictly prohibited.
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 TO THE FULLEST EXTENT PERMITTED BY LAW . Similicious.com 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.
LIMITATION OF LIABILITY
IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) SHALL Similicious.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND 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, TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF Similicious.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Similicious.com TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER BASED IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES EXCEED ONE HUNDRED DOLLARS (US$100) IN THE AGGREGATE.
You agree to defend, indemnify and hold harmless Similicious.com and its officers, directors, employees, agents, licensees, successors and assigns 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 & CONDITIONS; (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. Similicious.com 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 Similicious.com.
This agreement constitutes a binding agreement between you and Similicious.com until terminated by you or Similicious.com, which Similicious.com may do at any time, without notice, in its sole discretion. Without limiting the foregoing, reasons for termination may include Similicious.com's belief that: (a) you have breached the TERMS & CONDITIONS; (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 Similicious.com; (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 Similicious.com, 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 Similicious.com 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 Ontario, without regard to conflicts of law provisions. Any controversy involving Similicious.com arising from or in any way related to the TERMS & CONDITIONS or your use of the Site or the Services shall be heard in the appropriate court in the City of Toronto and you irrevocably consent to the jurisdiction of such courts.
Except as explicitly stated otherwise, any notices shall be given by email to Similicious.com at info@Similicious.com or to you at the email address you provide to Similicious.com. Notice shall be deemed given twenty four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
If any provision of the TERMS & CONDITIONS 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 & CONDITIONS, and the remainder of the TERMS & CONDITIONS shall continue in full force and effect. The failure by either you or Similicious.com to exercise or enforce any right or provision of the TERMS & CONDITIONS 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 & CONDITIONS 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 & CONDITIONS without Similicious.com's prior written approval. Except as expressly stated otherwise, the rights and remedies under these TERMS & CONDITIONS do not exclude any other right or remedy provided by law or in equity. The TERMS & CONDITIONS and all registration forms comprise the entire agreement between you and Similicious.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. To the extent that the terms and conditions of the TERMS & CONDITIONS conflict with any operating rules or policies published by Similicious.com, the terms and conditions of the TERMS & CONDITIONS shall control. The TERMS & CONDITIONS have been executed in the English language, which language will be controlling. No translation, if any, of the TERMS & CONDITIONS into any other language will have any effect on the interpretation of the TERMS & CONDITIONS or in determining the intent of the parties. All provisions in the TERMS & CONDITIONS regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the TERMS & CONDITIONS.