|Definitions “Customer” means the purchaser/registered owner of the products and/or services from æther mobile. “We” “us” and “our” means æther mobile; “Agreement” means the agreement undertaken between
Customer and æther mobile to supply products and services covered by
the Terms and Conditions of Sale. “Services” means the products and/or services purchased by the Customer from æther mobile “Service Commencement Date” means the date on which æther mobile first makes the Service available to Customer. “Account” is the account in which we record Customer credit and charges; “User Guide” is the booklet provided with every
SIM card, explaining how the æther mobile service works and gives
details on how to manage the service; “Global SIM card service,” “GSM services” or “GPRS service” means the ability to make calls, or send, or receive, data over the
æther mobile network including other GSM services provided by æther
mobile as part of the global SIM card service; “Calls” means calls made and received whilst
roaming on all worldwide networks whom æther mobile has a roaming
agreement for mobile service with; “Charges” are the charges for the global SIM card
services provided by æther mobile which are published on the æther
mobile website, updated from time to time; “Credits” means the monetary amount we credit to
your account either by you buying a “Top-up Voucher” and registering it
with us as described on the voucher, or by contacting us and crediting
your account with a debit card/credit card as described in the User
Guide. Alternatively, it also applies to the credit you create from your
purchase of a “Prepaid” card from an authorized agent; “Equipment” or “Handset” or “Mobile Phone” means either any mobile/cell handset, or other equipment, and a SIM
card (where the context requires), which is approved for connection to
the æther mobile network providing Customer access to the global GSM
services; “GPRS” is the General Packet Radio Service for the transmission and receipt of data; “Mailer” means the case in which the SIM card and associated documents were delivered to you; “MRC” means “Monthly Recurring Charge” “Network” is the Digital GSM Network; “PIN” means the Personal Identity Number. This number is used to provide extra security for your mobile phone and SIM Card; “Services” – outbound calls and text messages, free calls and inbound roaming calls and text messages; “SIM Card” means the Subscriber Identity Module issued to you for use with the æther mobile network; “Voicemail Service” means voice message service
and includes, where the context requires or admits, any service or
facility comprised in such service; “Fair Usage Policy” The Fair Usage Policy operated by æther mobile is in accordance with the relevant paragraph of this Contract. 1. Your Acceptance of æther mobile Terms and Conditions a. We reserve the right to revise these Terms & Conditions of Sale
at any time. The most up-to-date version of our Terms and Conditions of
Sale will be accessible on our website. It is the responsibility of
the Customer to regularly check for changes. b. Your continued use of the æther Mobile website and/or our Products
after our posting of any revised Terms & Conditions of Sale
constitutes your agreement to any such revised Terms & Conditions of
Sale. c. If the revised Terms & Conditions of Sale are not acceptable to
you, you should refrain from using the æther Mobile website and
2. Services and Coverage a. You agree to be bound by this Agreement, when you initially top-up your account with us or use the Services, whichever happens first. b. We aim to provide you with the Services at all times, but due to the nature of mobile technology, it is impossible to provide a fault free service. c. We will use reasonable efforts to give you access to networks in other countries. We call this ‘roaming’. Overseas networks may be limited in quality and coverage and access to overseas networks will depend upon the arrangements between us and our Worldwide operators.
3. æther mobile’s Responsibilities a. æther Mobile shall be responsible for the provision of each Service requested from time to time by Customer and supplied by æther Mobile throughout the term of this Agreement on the terms and conditions of this Agreement, provided æther Mobile has notified Customer of acceptance of an Order in respect thereof b. A Customer order is assumed to have been accepted upon despatch/shipping of an order received c. æther Mobile shall provide the Services in accordance with this Agreement d. æther Mobile provides no service level agreement and provides the Services strictly on an ‘as is’ basis and makes no warranty that the Services shall be continuous, free of faults or degradation in quality from time to time; and e. Customer shall not hold æther Mobile liable in any way whatsoever in respect of any Service faults, interruptions or degradation in quality. f. æther Mobile shall, as soon as reasonably possible following its acceptance of an Order, notify Customer of the date by which it plans to deliver Services under the Order. For the avoidance of doubt, acceptance of an Order is at æther Mobile’s absolute and sole discretion and may be rejected at any time. g. The agreement between æther Mobile and Customer commences upon the cleared payment from Customer for Goods and/or Services ordered. h. æther Mobile shall, where applicable and at its sole discretion, carry out acceptance tests prior to commencement of a Service. If Customer is required to participate in such tests then Customer shall adhere to the test guidelines set out by æther Mobile. Failure to adhere to any test guidelines may result in delays or failure in provision of service and Customer holds harmless and indemnifies æther Mobile in respect thereof. æther Mobile shall not be required to provide Services until satisfactory testing has been completed with Customer (if so required). i. Provision of each Service shall start on the date on which æther Mobile first makes the Service available to Customer (the “Service Commencement Date”) and æther mobile’s responsibility to provide the Service to Customer shall not exist until after the Service Commencement Date. j. æther Mobile will provide the Service (or such other services as agreed in an Order) with reasonable skill and care and in all cases as soon as reasonably practical. Save for where a specific time period is provided for in an agreed Order, time shall not be of the essence of this agreement. k. Current rates for telephone calls (inbound and outbound) text messages (inbound and outbound), and data are available at all times on our website. Aether Mobile reserves the right to update these charges at anytime, without prior warning. We accept no responsibility for errors given in rates on the website, which may happen from time to time. l. æther Mobile will maintain records of calls and text messages sent from the Service, and will deduct the cost of calls, text messages and data from the Customer credit balance as they are made. m. Calls using the æther Mobile service are charged on a per minute basis. There is a minimum charge of one minute (60 seconds) and calls are charged per minute thereafter. æther Mobile do not compensate for interrupted or failed calls/text messages. n. Usage of the data service is charged at 1KB increments. The minimum charge for data is 1KB. æther Mobile do not compensate for interrupted or failed data access. If æther Mobile suspect fraudulent use or abusive actions by a Customer, æther Mobile reserves the right to immediately suspend services to that SIM number. æther Mobile are not required to give warning of the suspension of an account, however, we may attempt to issue warnings by any available means. o. Customers using the Data service provided by æther Mobile are advised to disconnect the radio connection when data is not required in order to keep data charges low and are only therefore charged for data when necessary. æther Mobile does not compensate data charges if accidentally left switched on/active.
4. Customer’s Responsibilities a. Customer shall be responsible for using the Services and making prompt payments to æther Mobile throughout the term of this Agreement based on the terms and conditions set out in this Agreement. b. In order for the products/Services to be available for use, Customer account will be kept in credit at all times, with a minimum amount of £1.00. c. Customer must ensure there is sufficient credit to make and maintain a call for the duration required. If Customer makes a call and there is insufficient credit available to maintain a call, your call maybe terminated. d. In order for the Customer to use Data on the æther Mobile service, a minimum credit balance of £5 is required. e. Customer shall ensure that it complies at all times with all laws, directives and regulations which are applicable to the Customer’s use of the Services. Customer shall also obtain any relevant consents and approvals for the installation and use of the Services (“the Consents”). f. æther Mobile shall have no liability under this Agreement for failure to comply with its obligations in any case where Customer does not comply with any such laws, directives or regulations or does not obtain such consents or approvals and if æther Mobile incurs any costs or sustains any damages of any kind, either in connection with a liability to a person or in any other way, arising out of any such omission by Customer then Customer shall promptly reimburse such amounts to æther Mobile. g. Customer shall use the Services in accordance with any reasonable operating instructions æther Mobile may provide. h. Customer shall be responsible for all Charges incurred in connection with any use of the Services, whether or not it has authorised such use and if æther Mobile incurs any costs, either in connection with a liability to a person or in any other way, arising out of any such access or use then Customer shall immediately reimburse such amounts to æther Mobile. i. If æther Mobile provides Customer with any equipment which is owned by æther Mobile or by a third party (“Equipment”), the Equipment shall remain the property of æther Mobile or the third party at all times and shall be kept at the relevant site and used in accordance with æther mobile’s instructions. j. Customer shall not deal with, modify or interfere with the Equipment or remove or alter any identification mark on the Equipment showing that it is owned by æther Mobile or a third party and shall not let any other third party have rights over the Equipment. k. Customer shall notify æther Mobile immediately of any loss of or damage to the Equipment and the Service Provider shall be liable to æther Mobile for any such loss or damage while it is in Customer‘s custody. l. Customer shall permit æther Mobile to inspect or test the Equipment remotely at times specified by æther Mobile. m. Customer shall keep any Equipment fully insured against all risks to the value specified from time to time by æther mobile and on request immediately evidence the same to æther Mobile (and where appropriate endorse æther mobile’s interest on any such policy). n. Customer shall inform æther mobile immediately of any loss or damage to the SIM card. æther mobile will immediately stop service to and from your mobile number. Customer is responsible for usage of the SIM up to and including the time the SIM is reported lost or stolen to æther mobile. æther mobile will transfer any credit balance to the replacement SIM number. Customer is responsible for all replacement, post and packaging charges. o. Customer may not sell or transfer the ownership of the SIM to any other party without prior written authorisation by æther mobile. p. Customer will not use the Goods and/or Services for any improper or unlawful purpose or allow others to do so. q. Customer will comply with any reasonable request by æther mobile in relation to the investigation of fraud and any other offences. r. Customer will not act or omit to act in any way which may cause injury or damage to any person, property or the network, or cause the quality of the GSM services to be impaired or interrupted in any manner whatsoever. s. æther mobile’s rates and tariffs assume fair usage of the Services by the customer. This includes, but is not limited to, maintaining a ratio of chargable outbound calls to free inbound calls of more than 60% duration or volume. æther mobile reserves the right to monitor Customer usage. If æther mobile reasonably believes that Customer use is not consistent with normal, fair and reasonable use of such service and deems the usage as overuse or abuse of the free incoming calls facility, then we will be entitled, at our option, to: impose limits on incoming and outgoing calls; charge reasonable additional charges for calls made/received, or suspend or terminate the Services. æther mobile will not be liable for reimbursement, compensation of call credit or purchase price. 5. Description of Our Products/Service a. We provide you with one or more of the telecommunications Products made available via our Partners and/or our Website as determined from time to time by us. b. The Global Roaming SIM card is not intended for use as a domestic card although it is functional as a domestic card at æther mobile call rates, within some countries/territories c. æther mobile offer free roaming in the Countries stated in the rate sheet and on the website. This is subject to change at any time, and without prior warning. æther mobile are not required to advise Customers of this change. Free roaming may only apply to certain networks available in the Country stated, and may be limited to certain times. d. æther mobile do not charge a connection charge when calling from any free roaming country, however Customer will be charged the incoming call tariff when calling from any non free roaming country. There maybe an additional charge made on incoming and outgoing calls if the network operator on whom Customer is roaming have specified an additional charge. This will be chargable to the customer on an as is basis. This will be charged even if the user is busy or fails to answer. Customers may be charged a nominal incoming call charge for calls received from O2UK network only, rate available upon request. e. When Customer makes a call and the receiver is busy the Customer will be allowed up to 4 seconds to hang up. After this time the customer will be charged the standard per minute rate as per our rate sheet. f. Text messages will be charged as per æther mobile’s rate sheet, however, they may be subject to an IOT charge. This charge is set by the network operator of the non roaming country. g. All products provided by æther mobile are guaranteed for 12 months from the date of order. This does not apply to any defects in the products arising from normal wear and tear, wilful damage, accidental damage, negligence by the Customer or any third party, or for use otherwise recommended by æther mobile, failure to follow instructions or any alteration or repair carried out without the prior authorisation by æther mobile.
6. Product Delivery a. Orders can only be delivered to the address provided by Customer when placing an order. The address of delivery must be the same as the credit/debit card registered address for security purposes. b. Customer will be informed within 5 (five) working days of a failed delivery attempt. We will attempt to redeliver the product/s. We will only offer a refund in exceptional circumstances, and this will incur an administration fee of £15. c. 3. If Customer is not available to accept goods posted on a Signed For service, Customer will be notified of an alternative delivery date or a depot where to collect the products. d. æther mobile will make every effort to deliver the products as soon as possible after Customer’s order has been placed and payment received. Customer will be responsible for the products on delivery. æther mobile therefore recommend that the customer check that all packaging is intact and undamaged before signing for delivery of the products. If the products the customer ordered have not been received within 7 (seven) working days from the dispatcher’s email, then Customer should notify æther mobile by email quoting the order number. æther mobile will contact Royal Mail or courier. æther mobile may require Customer to complete forms for the Royal Mail or courier as evidence that the products have not yet been received. After completing an investigation into the Non-delivery of product, æther mobile will ensure that Customer receives a full refund to the amount paid or replace the lost products. e. On receipt of products, Customer will become the sole owner of the products ordered and responsible for risk, loss or damage of the æther mobile product. If the products are damaged in transit Customer must notify æther mobile within 7 (seven) working days from receipt of the products. Customer must return the products and the packaging in which the products were delivered, to æther mobile in order for æther mobile to issue a refund or replace goods, in accordance with Customer requirements. f. æther mobile cannot be held responsible for the late or non delivery of single products to customers living outside of the UK and Ireland. Customer may request a special delivery by contacting æther mobile customer services (see website for details). g. All Top ups purchased via the æther mobile website are free of any delivery charges.
7. Permitted Access a. Subject to these Terms & Conditions of Sale, Customer is authorized to access and use the Products at æther mobile’s sole discretion and only after Customer has either completed the Registration process or purchased the Products, as the case maybe. æther mobile has the right to suspend or terminate Customer use of the æther mobile Website or the Products at any time and for any reason whatsoever, entirely at our sole discretion, with or without notice to you. b. Customer agrees that the information provided (or may hereafter provide) to æther mobile through the Registration process or otherwise is accurate and that Customer is the individual identified in such information. In the event any Registration Information changes after Customer supplies it to æther mobile, Customer agrees to promptly update Registration Information through the æther mobile Website.
8. User ID and Password Security a. After completing the Registration process, you will be issued a User ID and a Password. You agree (a) to maintain the confidentiality of your User ID and Password and to exit from your account at the end of each session, and (b) that you are fully responsible for any, and all, activities that occur under your User ID. You agree to notify us immediately of either any unauthorized use of your account or any other breach of security. You agree that we will not be liable for any loss that you may incur as a result of someone else using your User ID or Password, either with, or without, your knowledge. b. Without limiting the generality of the foregoing, you are solely responsible for all Products requested using your User ID and Password, whether or not you have authorized the person using the Products (including any family member of yours who is a minor) to use your User ID and Password. c. You agree not to use anyone else’s æther mobile account at any time.
9. Use of the Products and/or Services a. You agree neither to access, nor use, the æther mobile website in any manner that is prohibited by these Terms & Conditions of Sale or is otherwise unlawful. b. If your account has been inactive for a period of nine calendar months or more we recommend that you send a text or make a call to keep the SIM active. If you do not send a text or make a call before the tenth non active month, æther mobile reserves the right to charge your account with an annual fee to keep your account active. If your account has insufficient funds to cover this annual fee, your service may be terminated. If this is the case, your SIM card and account will expire and any remaining credit on your account will be non refundable. c. Without limiting the generality of the foregoing, you agree that you will access and use the æther mobile website solely by manual request and not programmatically by macro or other automated means, and that you will not, directly or indirectly (a) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, resell or exploit for any commercial purposes any portion of the æther mobile website or the Products unless expressly authorized by these Terms & Conditions of Sale or by æther mobile in writing, (b) access or use the æther mobile website through, or in connection with, any software product other than the customary web browsers (such as Microsoft Internet Explorer and Netscape Navigator), (c) use any software tools, procedures or instructions (other than customary web browsers), automatic devices or automated processes, or manual process to monitor or access data or content provided through the æther mobile Website, (d) otherwise “meta-search” the æther mobile website, or send, or cause to be sent, any automated queries of any sort to the æther mobile website, (e) use any device, hardware or software to bypass any security system on the æther mobile website, (f) disrupt or attempt to disrupt the proper or usual working of the æther mobile Website, (g) use the æther mobile Website in any manner that could damage, disable, overburden, or impair the æther mobile Website (or the network(s) connected to the æther mobile Website) or interfere with any other party’s use and enjoyment of the æther mobile Website, (h) take any action that may cause, or that actually causes, an unreasonable or is proportionately large load on æther mobile computer servers, (i) distribute any software or instructions that could be used to breach any of the terms and conditions set forth herein, (j) attempt to gain unauthorized access to the æther mobile Website, other accounts, computer systems or networks connected to the æther mobile Website or otherwise operated by æther mobile through hacking, password mining or any other means, and/or (k) alter or remove any trademark, copyright and/or any other notice contained in any information obtained from the æther mobile website. d. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the æther mobile website.
10. Payment Methods a. The specific method of payment will be as agreed when either you complete your Registration for our related Products or when you otherwise purchase any Products. Post-payment will be first subject to “Credit Approval” by æther mobile and then, if approved, charged to your chosen method of payment in cases of credit or debit card settlement. b. All Pay as you Go Customers authorise æther mobile to debit all relevant charges from their account as they are incurred. Customers may make and receive calls and SMS until the balance reaches £1.00 after which point, the Customer will not be able to receive or make calls or SMS. Should Customers Top-up their accounts prior to a zero balance, unused credit remaining on your account will be carried forward. When you complete a call, you will receive a message notifying you of the call cost and your remaining credit balance. c. Any change of your method of payment will only be made with the prior approval of æther mobile. Approval can be made by verified access to our web portal, or via telephone to our Customer Support team. d. You waive all rights to challenge invoices, correctly raised by æther mobile in accordance with these Terms & Conditions of Sale and the information provided by you in establishing the account, with third parties, unless you have first contacted the accounts department of æther mobile, within the defined notice period of either 14 days in the case of credit card settlement, or 30 days in all other cases, about the specific enquiry or disputed invoice. Where a challenge has not been made by you to æther mobile in the period defined in these Terms & Conditions of Sale, you will be deemed to have automatically waived all your rights to either challenge, or appeal, the relevant invoice, unless agreed by æther mobile in writing by delivery as defined in these Terms & Conditions of Sale. e. Where payment remains outstanding after the allowed period of time as defined in these Terms & Conditions of Sale, æther mobile reserves the rights to suspend or cancel your account indefinitely in accordance with these Terms & Conditions of Sale and to take whatsoever steps are determined appropriate by æther mobile from time to time for the collection of all outstanding monies, if any, due to æther mobile from you.
11. Privacy Statement a. Your privacy is important to æther mobile. æther mobile’s use of Customer personal information is governed by our Privacy Statement (available on æther mobile’s Website). Customer hereby acknowledges that Customer has read æther mobile’s Privacy Statement and hereby agrees to the terms and conditions of Privacy Statement.
12. Agreement Termination a. Customer agrees that æther mobile, at its sole discretion, may terminate Customer account or use of the Products or Service (or any part thereof), without limitation, for lack of use (afte6 months of continued non use) or if æther mobile believes that Customer has violated, or acted inconsistently with these Terms & Conditions of Sale. æther mobile may also, at its sole discretion, at any time discontinue providing the Products, or any part thereof, with or without notice and for any reason. b. Customer agrees that any termination of access to the Products under any provision of these Terms & Conditions of Sale may be effected without prior notice, and that Customer also acknowledge and agree that æther mobile may immediately either deactivate, or delete, your account and all related personal Information and files related to your æther mobile account and/or block any further access to such files or the relevant Products. Furthermore, Customer agrees that æther mobile shall not be liable either to Customer, or any third-party, as a result of æther mobile’s termination of Customer’s access to the Products and/or Services. c. Upon termination of the relevant Products, all rights granted to you hereunder shall terminate. You must pay all charges up to and including the date of such termination. Customer may terminate the agreement by giving at least 30 days’ written notice to æther mobile at its address set forth at the end of these Terms & Conditions of Sale. In such an event, you must pay all charges up to and including the date of such termination. If you have paid for the Products using a pre-paid method, æther mobile will use any account balance to offset against the final amount owed by you for the relevant Products and/or Services. d. Either party may terminate or suspend this Agreement or any Service provided hereunder at any time by giving notice to the other where either party has committed a breach of this agreement and fails to remedy such breach within one (1) months of receipt of notice requiring it to do so. e. Termination, suspension, or expiry of this Agreement for any reason shall be without prejudice to each of the party’s respective rights and obligations accruing up to and including the date of such termination, suspension or expiry. f. Customer may terminate his/her account at anytime. Any credit remaining on the account will not be refunded and will be forfeited upon termination. æther mobile will deem an account not active for 12 months as expired, but will contact the customer before deactivating the account to confirm.
13. æther mobile Intellectual Property Rights a. æther mobile’s respective Intellectual Property Rights shall remain the property of æther mobile and nothing in this Agreement shall be deemed to confer any assignment or licence of the Intellectual Property Rights of the other party, save that the Intellectual Property Rights or goodwill in the mobile numbers and IMSI’s shall hereby remain be vested in æther mobile at all times. b. Customer represents and warrants that Customer’s use of the Services shall not infringe the intellectual property or other proprietary rights of æther mobile or any third party. Customer further acknowledges that all rights, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of æther mobile (collectively, “ æther mobile Intellectual Property”) is vested in æther mobile and/or in æther mobile’s licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the æther mobile Intellectual Property. Customer may not copy, modify or translate the æther mobile Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the æther mobile Intellectual Property, or use the æther mobile Intellectual Property other than in connection with the Services, or grant any other person or entity the right to do any of the foregoing. Unless otherwise specifically provided in this Agreement, Customer is not authorized to distribute or to authorize others to distribute the æther mobile Intellectual Property in any manner without the prior written consent of æther mobile; provided, however, that nothing in this sentence would preclude Customer from using the æther mobile Intellectual Property to the extent (i) incorporated into the Services and (ii) necessary for Customer to utilize the full functionality of the Services purchased. c. All contents of the æther mobile website are Copyright ©2009 æther mobile. All rights reserved. Elements of the æther mobile website are protected by trade dress, copyright, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the æther mobile website may be copied or retransmitted, unless expressly permitted by æther mobile. æther, æther mobile and other names of æther mobile Products referenced in the æther mobile website may be trademarks or registered trademarks of æther mobile. Other products and company names mentioned in the æther mobile website may be the trademarks of their respective owners. d. æther mobile retain all right, title and interest in the Products and the æther mobile website, including all intellectual property rights therein, except for the limited licence of software required to use the Products described below (the “Software”). You acknowledge that our rights to the Products and the æther mobile website, and the content thereof, are protected by applicable intellectual property and other laws. Any rights not expressly granted in these Terms & Conditions of Sale are reserved. e. æther mobile grant Customer a personal, non-transferable and non-exclusive licence to use the Software on a single computer workstation through the interface provided by æther mobile for use in accessing the Products (the “ æther mobile Licence”), provided that Customer does not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-licence, grant a security interest in or otherwise transfer any right in the Software. Such æther mobile Licence shall terminate on the earlier to occur of (a) the termination of the relevant Products provided to you, or (b) the date we give you notice of termination. If we so direct, you agree to delete all copies of the Software in your possession or under your control on or before the date of termination of such æther mobile Licence. f. Customer agrees not to modify the Software in any manner or form, or use modified versions of the Software, including, but not limited to, the purpose of obtaining unauthorized access to the relevant Products. You agree not to access the relevant Products by any means other than through the interface provided by æther mobile for use in accessing such Products. Customer agrees to use the Software at all times in accordance with these Terms & Conditions of Sale and only in conjunction with a valid Registration with æther mobile.
14. Limitation of Liability a. In no event will æther mobile, its affiliates, subsidiaries, Licensed Agents, strategic partners and their respective directors, officers, employees and agents and the successors and assigns of each of the foregoing (collectively, the “ æther mobile Parties”) be liable to you for (a) any damages of any nature whatsoever resulting from, or related to, the loss, delay or inability to use the æther mobile Website or the Products, or the loss of any data stored on the æther mobile website, and/or (b) any indirect, consequential, special, incidental or punitive damages whatsoever including, without limitation, damages for loss of profits arising out of or in any way connected with these Terms & Conditions of Sale, the use or performance of the æther mobile Website or the Products, in each of (a) and (b) above, whether based in contract, tort, negligence, strict liability or otherwise and even if æther mobile and the other æther mobile Parties have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. b. If you are dissatisfied with any portion of the æther mobile website or the Products, or with any of these Terms & Conditions of Sale, your sole, and exclusive, remedy is to discontinue using the æther mobile website and the Products. æther mobile’s willingness to allow Customer both to access, and to use, the æther mobile website and the Products reflects this allocation of risk and the limitations of liability specified herein.
15. Indemnity a. You shall indemnify æther mobile and each other æther mobile Party from and against any and all claims, demands, actions, suits, liabilities, damages, settlements, losses, costs and expenses, including, but not limited to, lawyer fees and expenses and other costs of litigation, incurred by or asserted against any of the æther mobile Parties arising out of or in any way relating to (a) your breach of any provision of these Terms & Conditions of Sale; (b) your use of, or form of connection to the æther mobile Website or the relevant Products; or (c) your violation of any right of any third party.
16. Event of Force Majeure a. Any event beyond the party relying on its reasonable control, including without limitation an act of God, severe weather, failure or shortage of power supplies or raw material or equipment, flood, draught, lightning or fire, national organised labour disputes (except labour disputes affecting the workforce of the party relying on this clause), the act or omission of Government, highways authorities, failure of other telecommunications operators/suppliers or authorities to provide essential services for the normal operation/provision of any part of this Agreement, war, riot, directives issued by civil or military authorities, court orders, failure of or delay in deliveries effected by vendors or suppliers, or delays in shipment/supply of Services.
17. Liability a. Neither party shall have any liability to the other under this Agreement except as expressly set out herein, whether in contract, tort (including negligence) or otherwise, including, without limitation, for any loss of revenue, business, goodwill, data, computer programs, contracts, anticipated savings or profits even if the other party was aware, or should have been aware of such possibility. b. Nothing in this Agreement shall exclude or restrict either party’s liability for death or personal injury resulting from its negligence. c. æther mobile shall not be liable for any failure of the Services to the extent that such failure is due to any action; fault; error and or omission by/of Customer and/or Customer’s equipment or is otherwise due to required access to the Services and/or Customer equipment not being granted; is a direct result of any interruptions or maintenance activities notified to Customer or pursuant to any event of Force Majeure or where the failure is outside of æther mobile’s network.
18. Governing Law; Submission to Jurisdiction; Time Limitation on Claims a. These Terms & Conditions of Sale shall be governed by the laws of the USA, without reference to such jurisdiction’s choice or conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods expressly does not apply to these Terms & Conditions of Sale. If any provision of these Terms & Conditions of Sale is found by a court of competent jurisdiction to be invalid, we and you nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the relevant provision, to the fullest extent permitted by applicable law, and the other provisions of these Terms & Conditions of Sale shall remain in full force and effect. b. Any legal action, or proceedings, with respect to these Terms & Conditions of Sale or any document or Products related hereto shall be brought in the courts of the Isle of Man and, by execution and delivery of these Terms & Conditions of Sale, each party hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of such courts. You and æther mobile irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non convenes, which any of Customer or æther mobile may now or hereafter have to the bringing of any such action or proceeding in such respective jurisdictions. Customer and æther mobile each irrevocably consents to the products of process of any of such courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, to each other party at its last known address, such products to become effective 30 days after such mailing. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the relevant Products or these Terms & Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. Miscellaneous a. æther mobile’s failure to exercise or enforce any right or provision of these Terms & Conditions of Sale shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by æther mobile in writing. b. This Agreement comprises the entire agreement between Customer and æther mobile regarding the subject matter contained herein and supersedes any and all prior agreements between the parties regarding the subject matter contained herein. You also may be subject to additional terms and conditions that may apply when you use affiliated products. c. All provisions of these Terms & Conditions of Sale are binding upon, inure to the benefit of and are enforceable by or against Customer, or æther mobile and their respective heirs, executors, administrators or other legal representatives and permitted successors and assigns. d. Customer represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability to agree to these Terms & Conditions of Sale. e. Each party warrants that they are authorised to enter into this Agreement. f. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement provided that this shall not affect any right or remedy which exists or is available apart from that Act. g. All correspondence to æther mobile must be via email in the first instance to firstname.lastname@example.org h. All rights are reserved to æther mobile and materials may not be used in any way or copied in whole or part without prior written permission from æther mobile. æther mobile and the æther mobile logo are trademarks of æther LLC or its associated companies. All communications to help lines may be monitored for training, quality control or other purposes authorised by law.
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