SeaRoam Service Terms & Conditions
SeaRoam allows You to make low cost calls on various GSM cellular network from your SeaRoam-enabled mobile phone when registered to the SeaRoam service via a correctly configured mobile phone.
In order to use this Service You must agree to the terms and conditions that are set out below. Press the yes button when asked if you accept the terms and conditions during the service sign-up process. By using the Service You expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time on this page.
Agreement
These Terms and Conditions, and the related Forms and web pages they reference, constitute a legal Agreement between You the end user and SeaRoam Limited.
Compliance with Applicable Laws
By entering into this Agreement You expressly confirm that You are legally entitled to enter this agreement.
Service Description
SeaRoam shall make every effort to provide a high level of availability for its mobile Service. However, SeaRoam is unable to guarantee continuous, fault-free operation of its mobile Service or certain transmission times or capacities. SeaRoam reserves the right to service its mobile Service at any time, which may result in temporary disruptions. No representations or guarantees are made in respect of availability, quality, operation or support for voice or data communication on third-party networks or with third-party lines. No guarantee may be given for absolute protection of SeaRoam's Service against unauthorized access or interception. SeaRoam shall assume no liability for any such occurrence. SeaRoam may at any time adapt or interrupt its services. SeaRoam may engage at any time a third party to fulfill any of its obligations under this contract.
Charges
You may be provided with some free calls subject to "Reasonable Use," entirely at SeaRoams's discretion. Otherwise, You will be charged SeaRoams's standard rate for the Service/s. The SeaRoam Service operates on a pre-pay basis and You will be prompted to pay these rates in advance.
A full list of SeaRoam's rates for standard Services is published at http://www.searoam.com/Info/Rates.aspx. These rates may be changed from time to time, entirely at SeaRoam's discretion, so You should check the SeaRoam website regularly to determine if any changes have been made or announced.
If You have no credit in Your Account, the call will be dropped or not connected.
SeaRoam Number Porting
In very unusual cases, in order for SeaRoam to provide continuity of the Service, it may be necessary to port your "SeaRoam Number," which means moving it from one of SeaRoam's suppliers to another. By agreeing to these terms and conditions you expressly agree to port your number as and when directed by SeaRoam. SeaRoam will issue You all necessary documents and otherwise assist You with the process and cover any associated porting charge. In some circumstances we may need to change your SeaRoam Number including but not limited to, if required to do so by Law or legislation, by agreeing to these terms and conditions you expressly agree that we can do this.
Directory Enquiries
SeaRoam may enter your SeaRoam Number in SeaRoam and 3rd Party Directories. You may choose not to do this in the Web Registration page or on the My Account page of the SeaRoam website or by sending an email to support@SeaRoam.com. SeaRoam does not provide a paper based telephone directory.
Caller line identification (CLI)
Our network will allow the display of your SeaRoam Number on receiving devices. If You do not want to display your CLI please notify us in writing to info@SeaRoam.com
Marketing
In order for the SeaRoam service to be a low cost service we may rely on advertising and marketing supplied through the service and other mechanisms to subsidise the service. We intend that any such marketing services shall be discrete and of targeted interest to you. By agreeing to these terms and conditions You agree to receive such advertising and marketing. If You do not want to receive such services You should notify us in writing. SeaRoam reserves the right to charge You a higher fee for the service should You choose not to take these marketing services. This higher fee, if applicable, will be posted on the SeaRoam website.
SeaRoam may compile and release information regarding You and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.
SeaRoam may from time to time send You information about our SeaRoam products and services. If You do not want to receive information about SeaRoam products and services You should contact us in writing at info@SeaRoam.com
Support
If you need assistance regarding the SeaRoam Service, please email team@SeaRoam.com.
Restricted Numbers
There may be numbers that SeaRoam restrict your access to, including but not limited to premium rate numbers, please check the FAQ section of the website for more details.
Termination
You may terminate this Agreement at any time with written notice to SeaRoam at support@SeaRoam.com
SeaRoam may limit, suspend or terminate the Service and this Agreement if we think You are in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to You via the email address You have provided and/or by preventing You from accessing the Account and the Service.
If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorised or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances You will have no claim against us.
Refund Policy
You may request a refund for unused credit by sending an email to info@SeaRoam.com. Refunds will only be available for credit purchased directly by You and not through any special offers, prepaid cards, vouchers or similar mechanisms. Refunds shall not be made for balances under USD 5.00. SeaRoam charges a USD 20.00 fee to process any refund requests. Any breach of these refund terms shall lead to termination of this agreement.
Assignment of rights
You may not assign your rights under this agreement unless expressly agreed by SeaRoam.
SeaRoam may assign our rights under this agreement to any company that controls SeaRoam or that SeaRoam controls
Ownership
All intellectual property rights in the SeaRoam Service do not imply any transfer of intellectual property rights.
The service is copyright SeaRoam Limited 2009. The SeaRoam logo is a trademark of SeaRoam Limited in the UK and other territories.
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 support@SeaRoam.com. For details on our Code of Practice send your request to info@SeaRoam.com.
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. SeaRoam 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. SeaRoam 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. SeaRoam 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 SeaRoam 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 SeaRoam BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, SeaRoam'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; UNAUTHORISED 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 SeaRoam 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 SeaRoam'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES WITH RESPECT TO SeaRoam'S NETWORK, EQUIPMENT, OR SERVICES SHALL BE LIMITED TO THE AMOUNT OF MONTHLY SERVICE CHARGES PAID BY CUSTOMER TO SeaRoam 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.
SeaRoam DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES' NETWORKS TO WHICH SeaRoam MUST INTERCONNECT. THEREFORE, SeaRoam 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 SeaRoam 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 SeaRoam website constitute the entire Agreement between You and SeaRoam. 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
SeaRoam 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 SeaRoam 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 SeaRoam, SeaRoam is authorised 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/SMS notices to its customers. SeaRoam 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 Ireland. 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.
Company Details
SeaRoam
Capital City
Independence Avenue
Victoria
Mahé
Seychelles
Additional Services, Features and Terms
SeaRoam 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.