Privacy
We take our customers' privacy seriously. Whilst we respect the privacy of our customers, cellular calls may be subject to interception by law enforcement agencies and bodies.
Complaints
If You have any complaints about the service You should send them in the first instance to our Customer Support. For details on our Code of Practice send your request also to our customer support.
No Warranty
While we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and You agree to accept the service "as is". We reserve the right to suspend the service for technical, operational or other reasons. Woolworths Mobile Global Roaming reserves the right to withdraw this service and any additional services at its sole discretion.
The service is provided on an "as is" basis, and your use of the service is at your own risk. Woolworths mobile global roaming does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. Woolworths mobile global roaming does not warrant that the service will be uninterrupted, error-free, or completely secure.
We reserve the right to make changes to these terms and conditions. You should check the Woolworths Mobile Global Roaming website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting You directly. If You do not notify us within 30 days of a change then You will have been deemed to accept this change to this Agreement.
Limitations and Exclusions of Warranties and Liability.
1. Exclusions of Certain Damages.
Under no circumstances and under no legal theory (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall Woolworths Mobile Global Roaming be liable for any damages you may suffer from or in connection with your use of, or inability to use, Woolworths Mobile Global Roaming's network or equipment, or the service, including the inability to make "911", "e-911" or other emergency service calls. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if Woolworths Mobile Global Roaming has been advised of, or is aware of, the possibility of such damages.
Because some states or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then Woolworths Mobile Global Roaming's maximum liability for any type of damages with respect to Woolworths Mobile Global Roaming's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to Woolworths Mobile Global Roaming hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
2. Disclaimer of Third Party Actions and Control.
Woolworths Mobile Global Roaming does not and cannot control the quality of other parties' networks to which Woolworths Mobile Global Roaming must interconnect. Therefore, Woolworths Mobile Global Roaming disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.
3. Limitation on Remedies
The service charge credits listed in this section are the sole and exclusive remedies available to you for any failure by Woolworths Mobile Global Roaming to comply with its obligations under this agreement, whether such failure results in downtime, network congestion or outages, or any other service failure
Entire Agreement/Severability
These Terms and Conditions and additional terms and conditions as explicitly identified on the Woolworths Mobile Global Roaming website constitute the entire Agreement between You and Woolworths Mobile Global Roaming. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.
Force Majeure
Woolworths Mobile Global Roaming will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labour shortage or dispute, governmental act or failure of any third-party service or network.
Changes in Regulation
You and Woolworths Mobile Global Roaming understand that ComReg, the Federal Communications Commission, other state regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on Woolworths Mobile Global Roaming, Woolworths Mobile Global Roaming is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/Text notices to its customers. Woolworths Mobile Global Roaming retains the right to pass on to You any new regulatory fees or taxes that may be imposed by law or regulation.
Governing Law
This agreement is governed by the laws of Australia. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect. Electronic Documents.
Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.
Electronic Documents
Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.
Company Details
Woolworths Ltd., Company number 88 000 014675 incorporated in Australia with a registered address at 1 Woolworths Way, Bella Vista, NSW, 2153.
Additional Services, Features and Terms
Woolworths Mobile Global Roaming may, from time to time, introduce additional services which You will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which You will need to agree before gaining access.
Language
We may have translated the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.
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