Privacy Policy
What is Privacy?
Information privacy is about giving individuals some control over when, how and to what extent information about themselves is communicated to others.
Telestial, the provider of the Telestial service, is committed to providing you with privacy safeguards that are consistent with your right to choose whether you wish to provide information about yourself, and if you do provide it, the nature and quality of that information. By using the website and services, you agree to the collection and use of your information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the website or the services.
Collection
Telestial will collect personally identifiable information from you that is necessary for the purposes of supplying to you the services you subscribe for, such as name, postal address, email address, and telephone number. Telestial may also automatically collect your travel location based on the cell tower locations used to transmit your mobile phone call or local country access numbers dialed to use your phonecard.
The website and the services are not intended for use by children. Telestial will not knowingly collect any personally identifiable information from users under the age of 13.
Use and Disclosure
Telestial will use your personally identifiable information for customer service, to provide you with information that you may request, and to customize your experience on the website or with the services. Your personally identifiable information is used by Telestial to respond to your requests, process your transactions, tailor offerings to you, and for general internal business purposes.
Telestial will use your financial information to bill you for products or otherwise process your transactions. By making a purchase on the website or using the services, you consent to Telestial providing your financial information to its service providers and to such third parties as it determines is necessary to process your transactions. These third parties may include the credit card companies and banking institutions used to process the transaction.
If Telestial is sold to, or merges with, another company, or declares bankruptcy, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. Telestial may also disclose your information when Telestial determines it is necessary to comply with applicable laws or protect the interests or safety of Telestial or other website or service users.
Quality of Data
Telestial will take reasonable steps to ensure that the information we collect from you, use or disclose is accurate, complete and up-to-date.
Data Security
Telestial will take all reasonable steps to ensure that the personal information we hold about you is protected from misuse and loss or from unauthorized access, modification, or disclosure. Telestial will also take reasonable steps to destroy or de-identify your personal information when we no longer need it.
Openness
Telestial will be always be open and honest about the way in which we manage personal information.
Access and Correction
Wherever possible, Telestial will let you see the information we hold about you and correct it if it is wrong. You can do so by clicking on Account details after logging onto the website with your account number and PIN.
Anonymity
Telestial is committed to allowing our customers to conduct their activities through any of the services we provide without being required to identify themselves. In some circumstances, such as providing us with credit card details, we obviously cannot deal with you anonymously. However, unless there are good practical or legal reasons that require you to be identified, we will give you the option of operating anonymously or pseudo-anonymously.
Onward transfers of Personal Information
Except as provided herein, Telestial will not provide your personal information to any other person unless we ask you and you agree, or unless we are forced to do so by law.
Sensitive Information
Telestial will not collect or use information about your racial or ethnic origin, political views, religious or philosophical beliefs, membership, details about your health or sex life, or any other information considered sensitive.
Non-personal Information
Telestial may automatically collect non-personal information about you. This includes the type of Internet Browser and IP address you use and the site which linked you to the Telestial website. This information is used to assist Telestial in providing you with an effective website. Telestial uses non-personally identifiable information for internal purposes and to help us interact with visitors to the website. We may also share non-personally identifiable information in the aggregate form with third parties to illustrate trends and patterns. You cannot be personally identified from this information.
Sharing of Information
Telestial may share aggregated demographic information with our partners. This information is not linked to any personal information that can identify any individual person. At times Telestial may partner with another party or use a third-party contractor to provide specific services on its behalf, such as authorization of credit card transactions and delivery of orders, and may share your information with these contractors for those limited purposes. When you use these services you will provide your name and other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
In order to improve our customers’ product satisfaction we may use 3rd party review/survey management providers for surveys. In this case, your email address may be shared with that provider with the purpose of sending you a survey about your experience with Telestial products and services.
Cookies
A cookie is a piece of data temporarily stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. The cookie helps the user to save time. For instance, by setting a cookie on our site, you do not have to log in using your account number and PIN more than once during each visit, thereby saving time while on our site.
Links
This web site may contain links to other sites. Please be aware that Telestial is not responsible for the privacy practices of such other sites. This privacy statement applies solely to information collected by this web site.
Communications from the website
Transactional Emails
Confirmations following any transactional activity on the website including product and/or service purchases, refunds, email address verification, account password, etc.
Newsletter and Special Offers
Company news, service updates and special offers are sent out to those who opted in to receive our newsletter. If you no longer wish to receive these emails, you can easily unsubscribe by clicking the unsubscribe link which is included in every promotional email.
Important Service Announcements
On rare occasions we send out important information regarding changes to products and services sold on the website. These emails are non-promotional in nature and do not contain the unsubscribe link. To stop receiving these mandatory emails you need to cancel your account with Telestial.
Customer Service
On a regular basis in order to provide support service we may respond to customer requests by phone, email or other way specified by the client.
Changes to the Privacy Policy
Telestial reserves the right to change the terms of this Privacy Policy. Any changes will be posted on this page so encourage you to check this page regularly. Your continued use of the website or the services following any changes to this Privacy Policy will constitute your acceptance of such changes.
Warranty
At Telestial we understand that travel plans change, products malfunction and sometimes you just don't like what you got. That being said we have designed a warranty/return policy which we feel is as fair as we can afford to be while still offering a superior quality product with exceptional quality service and great pricing.
Mobile phones
All Cellular phones sold through Telestial are covered under our 3 months warranty policy for product malfunctions
Unless otherwise noted, all phones sold on Telestial.com come with our standard 90-day replacement warranty. This warranty covers any mechanical defects, but does not include damage due to acts of god, neglect, water damage, or other intentional or unintentional abuses of the phone. Telestial does currently offer extended warranties available for purchase.
SIM cards - Service/Exchanges/Returns
Getting a defective SIM card is essentially in the same category as being struck by lightening. It is a very rare occurrence. However, SIM cards may be returned within 30 days of receipt only if they are in the same condition in which they were received. A credit will be issued minus shipping and a 25% restocking fee. No exceptions please.
Telestial will only be responsible for providing voice service including: call reception, outgoing calls and where applicable adding airtime credit to any SIM card.
The local carrier reserves the right to change their tariff rate and coverage anytime they want to and without notice. The local carrier reserves the right to modify the amount of airtime included with each SIM card anytime they want to and without notice. The local carrier reserves the right to change, add or remove any of the services provided through the SIM card anytime they want to and without notice.
Telestial Inc. makes no warranty, expressed or implied, as to the coverage areas for GSM SIM cards and the respective service provided by the local wireless carriers. We reserve the right to refuse returns for items deemed to have purchased for use and return. Your wireless coverage area may vary significantly depending on several factors, including but not limited to: network changes, traffic volume, service outages, technical limitations, signal strength, your equipment, terrain, structures, weather and other conditions that may interfere with actual service, quality and availability, including the ability to make, receive and maintain calls.
To initiate a swap/exchange/return follow these procedures
- Contact Customer Service and request the RMA- Return Merchandise Authorization number
- Properly box equipment and place in a protective, padded shipping box.
- All items being returned must be in original, condition with all packaging, manuals, and registration cards and no writing on the box or accompanying documentation.
- Write your RMA number on the shipping box.
- The customer assumes responsibility for the package until it arrives at our location.
General Warranty / Return Policy
PRICING:
All prices are subject to change without prior notification. We are not responsible for misprints or out of stock items.
INTERNATIONAL:
All duties and taxes associated with international shipping charges are the responsibility of the customer unless executed under the 3-6-1 warranty in which case Telestial will bare all freight/customs costs.
STYLES:
Actual styles of some products may vary from the pictorial representation found in the catalog and / or web site.
REFUNDS:
Refunds will be made with the same method of payment as the original order. Credit card refunds may be made only to the same card used for the original purchase.
SHIPPING & HANDLING CHARGES:
Shipping and handling charges are non-refundable, including any charges incurred for COD orders, Saturday delivery or shipments that are refused. Shipping and Handling Rates are subject to change without prior notice. Oversize items and some destinations may be subject to additional charges. If your item was part of a Free or Discounted Shipping Special, and you decide to return the item, Telestial reserves the right to charge for the actual shipping amount and deduct that amount from your final returned merchandise credit or refund.
Terms & Conditions
Welcome to the www.telestial.com website (the 'Site'), which is provided to you by Telestial, Inc. ('Telestial'). Your use of the Site and Telestial's services, whether offered directly by Telestial 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 Telestial. Please read these Terms of Use carefully. By checking the 'I have read and accept the terms and conditions of the Telestial 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
Telestial 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
Telestial offers a number of products and services on the Site and through partners, such as international pay-as-you-go mobile phones and 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. Telestial 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. Telestial 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 Telestial 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. Telestial 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. Telestial does not provide mobile phone number or SIM card portability. Any and all rights attached to a phone number assigned by Telestial to you remain vested in Telestial. All SIM cards remain the property of Telestial, which reserves the rights to alter and develop its content as well as claim its return.
GSM Network Coverage
Telestial 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. Telestial will update this information when additional service becomes available. Telestial will make every effort to provide a high level of availability for its mobile network. However, Telestial is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities (SMS, for example). Telestial 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
Telestial 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. Telestial 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 debiting your credit 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 Telestial within seven (7) days from Telestial's request or Telestial 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 Service within forty-five (45) days after the disputed charge. Telestial 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 Service.
Off Network Usage
All Telestials are designed to work within the countries where pricing is published for that particular SIM card on the www.Telestial.com website under the “Rates & Coverage” tab. Users should be familiar with the list of countries where pricing in published and should only use their Telestial in countries where pricing is published. In the event that the Telestial is used in a country where no prices are published, the user is responsible for payment of these services and funds for the services will be deducted from the user’s account.
Expiration and Service De-Activation
Each SIM card is valid for 18 months after the last billable use. The billable usage can be any of the following: calls made from the phone, SMS sent from the phone or any data usage.
For Pure Europe and Pure World SIM cards, the US or Canada Phone number of the SIM will stay active until there are funds available on the SIM for the $1.99 SIM Maintenance Fee or if the SIM phone number was reserved with the annual payment.
For the Pure Data SIM card, the SIM balance and any inactive data package will expire 10 months after the purchase or recharge. Any SIM recharge will extend the balance for the next 10 months period.
Once the US or Canada Phone number of the SIM is disconnected due to lack of funds on the SIM, the new number will be assigned at the time the SIM is recharged again.
Refunds
Any unused credit or data will not be refunded . You may return an unused phone or Telestial SIM card within 30 days after the receipt of the item, provided you never placed a call to or from the mobile phone issued and all airtime is intact. A 25% restocking fee will be applied. Returned products must be undamaged and unused in their original packaging in order to be accepted. We reserve the right to refuse refunds for any products that are returned with damage and are unable to be resold at the purchased price. Shipping charges will not be refunded. We cannot refund airtime used on mis-dialed calls. If you are not sure how to dial a number in a specific country, please request support from customer service. There are no refunds for sent SMS messages - either it was delivered to the recipient or not. Not all SMS messages can be or will be delivered. We cannot refund minutes used for calls to Customer Service. A call made to Customer Service will be billed at the same rate as a regular call made from the country in which you are located. Most shipments from Telestial require a signature at delivery. Returns due to the carriers inability to obtain a valid signature are subject to a return processing fee and no credit of freight charges. There will be no refunds for Internet data usage. If the charge occurred then data was moved and you were charged accordingly. There will be no refunds for Personal Extra Numbers once ordered. There will be no refunds for discount call or text plans once activated.
Ownership of SIM card phone numbers
You understand and agree that you are not the owner of any SIM phone number assigned to you by Telestial.com. Ownership of any such number is vested solely in Telestial.com (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your account for any reason, such number may be re-assigned immediately to another customer, and you agree that Telestial.com will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if Telestial.com has been advised of the possibility of damages. You further understand and agree that Telestial.com will disconnect your SIM phone number once there is not funds on the SIM to cover monthly sim maintenance fee or you did not reserved the SIM phone number with the separate annual fee. You further understand and agree that Telestial.com may from time to time need to change the phone number assigned to you (whether due to an area code split or any other reason whether outside or within Telestial.com's control). You agree that Telestial.com will not be liable for damages (including consequential or special damages) arising out of any such change in the phone number assigned to your SIM, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Telestial.com has been advised of the possibility of damages. In particular, you agree that you are not authorized to charge services provided to you or at your request to the number assigned to you by Telestial.com and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. Any such charges will give Telestial.com the right to immediately terminate your account without notice.
No Insurance Coverage
Telestial 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, nondelivery, misinformation or failure to provide information including, but not limited to, any such loss, damage, delay, misdelivery, nondelivery, 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) Telestial's inability to provide a copy of the delivery record; (d) Telestial's 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) Telestial's 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. Telestial 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 Telestial of any changes. You are solely responsible for protecting the confidentiality of your on-line User ID and Password.
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;
- Use the Site or the Services for for anything other than personal or corporate purposes without prior consent by telestial.com
- 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, cancelbots, 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.
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. Telestial 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 Telestial name and logos, text, music, software, photographs, and video, are protected by intellectual property and other laws. Except as expressly authorized by Telestial, 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.
Telestial 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 Telestial a non-exclusive, worldwide, royalty-free, sublicensable 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 Telestial.
In appropriate circumstances and at its sole discretion, Telestial 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 Telestial 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 Telestial to locate the material;
- Information reasonably sufficient to permit Telestial 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 Telestial's copyright agent:
Telestial, Inc.
130 Trapelo Rd
Boston, MA
United States
Phone: +1-617-333-8170
Endorsements
All product and service marks that appear on the Site and the Services that are not Telestial 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 Telestial 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, Telestial does not and cannot review all materials posted by users on the Site or via the Services and Telestial 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 Telestial. Telestial 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
Telestial 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. TELESTIAL 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 TELESTIAL 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 TELESTIAL 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 TELESTIAL 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 Telestial and its officers, directors, employees, agents, 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. Telestial 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 Telestial.
Termination
This agreement constitutes a binding agreement between you and Telestial until terminated by you or Telestial, which Telestial may do at any time, without notice, in its sole discretion. Without limiting the foregoing, reasons for termination may include Telestial's 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 Telestial; (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 Telestial, 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 TELESTIAL 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 State of Massachusetts, without regard to conflicts of law provisions. Any controversy involving Telestial 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 of Boston, Massachusetts and you irrevocably consent to the jurisdiction of such courts.
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 Telestial 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 Telestial's 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 Telestial and supersedes 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.
Please note that OneSimCard.com is not responsible for any purchase made before December 01 2017. If your purchase was made before December 01 2017, all support and customer service queries must be sent to shout@ekit.com.
