Scope of License
JumpySIM hereby grants you a non-transferrable license to use the website on products that you own or control.
These Terms will govern any content, materials or services accessible from or purchased within the website as well as upgrades provided by JumpySIM that replace or supplement the original website.
JumpySIM Site users must not:
- Alter or modify any part of this Site.
- Use this Site for any commercial use without the prior written authorization of JumpySIM.
- Access any unauthorized part of the Site or service
- Attempt to compromise the security of the Site in any way
- Use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on this Site. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Site. You also agree not to interfere with the servers or networks connected to this Site or to violate any of the procedures, policies or regulations of networks connected to this Site. You agree not to collect or harvest any personally identifiable information from this Site or to use the communication systems provided by this Site (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of this Site. Any conduct by you that in JumpySIM’s discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted.
- Upload, post or otherwise make available on this Site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
- Impersonate any other person or to conduct yourself in a vulgar or offensive manner while using this Site. You agree that JumpySIM may reject any User Submissions for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at JumpySIM’s sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark or publicity rights.
- Post or transmit through this Site any material which (in JumpySIM’s sole discretion) is unlawful, threatening, abusive, fraudulent, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any law.
JumpySIM Site users must:
- Agree that JumpySIM shall have the right, but not the obligation, to monitor the content of this Site and to remove any material that JumpySIM, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
- Agree that JumpySIM reserves the right to discontinue any aspect of this Site at any time.
The JumpySIM Site is not intended to be:
- Used by persons not authorized by the primary account holder.
- Used in restricted areas.
- Used to make personal gains or conduct personal business.
- Used in a way that could affect its reliability or effectiveness.
In order to participate in certain areas of this Site, you may need to register for an account. You agree to: (i) create only one account; (ii) provide truthful, accurate, current and complete information when creating your account; (iii) maintain control of and the security of your account by restricting access to your account and not sharing your password with others; (iv) maintain and promptly update your account information if necessary; (v) notify JumpySIM promptly upon learning of any security breaches relating to this Site; and (vi) take responsibility for and accept all risk relating to any and all activities and transactions that occur under or in connection with your account.
Gigs Plans Terms and Conditions
All sales of products and services on this Site are governed by the Gigs Mobile Plans Terms and Conditions provided by Gigs to you from time to time. Please refer to the Gigs Plans Terms and Conditions for the terms and conditions applicable to your purchase and use of products and services offered through this Site. By purchasing products or services through this Site, you agree to be bound by and accept the Gigs Mobile Plans Terms and Conditions. The Gigs Mobile Plans Terms and Conditions are subject to change at any time without notice, at Gig’s sole discretion; therefore, you should review the Gigs Mobile Plans Terms and Conditions every time you make a purchase on this Site.
Right to Terminate and Restrict
Disclaimer of Opinion
Any opinions, advice, statements, or other information that constitutes part of the content expressed or made available by you or other users on this Site are those of the respective authors or producers and not of JumpySIM, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees. Under no circumstances shall JumpySIM, its affiliates, or their respective shareholders, members, directors, managers, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through this Site.
Disclaimer of Warranty
The JumpySIM website is provided “as is” and without warranty or condition. In particular, the Site may not be uninterrupted or error-free. The use of this Site, the Content and any product or service discussed, promoted or sold via this Site is at your own risk.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JUMPYSIM, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “JUMPYSIM PARTIES”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. NONE OF THE JUMPYSIM PARTIES OR THEIR THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THIS SITE. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE JUMPYSIM PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, THROUGH OR BY THIS SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. JUMPYSIM DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THIS SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Indemnity and limitations on Liability
JumpySIM assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this Site.
We do not warrant that the results that may be obtained from the Site will be accurate and reliable.
IN NO EVENT SHALL THE JUMPYSIM PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THIS SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THIS SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR GRAPHICS OBTAINED THROUGH THIS SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY WEB SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE JUMPYSIM PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE JUMPYSIM PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS SITE IS CONTROLLED AND OFFERED BY JUMPYSIM FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND JUMPYSIM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THIS SITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 8, ANY JUMPYSIM PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF OR INABILITY TO USE THIS SITE, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
Class Action Waiver
Where permitted under the applicable law, you and JumpySIM agree that each may bring claims against the other only in your or its individual capacity, and mot as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under applicable law, unless both you and JumpySIM agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Third Party Advertisements; Links to Other Web Sites
User Submissions and Contributions
JumpySIM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and JumpySIM expressly disclaims any and all liability in connection with User Submissions. JumpySIM does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and JumpySIM may remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. JumpySIM reserves the right to remove User Submissions without prior notice.
JumpySIM is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to JumpySIM without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services and creating, modifying or improving this Site or other websites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against JumpySIM and its parent, subsidiaries and affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
JumpySIM reserves the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be submitted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; or misleading information regarding the origin of the content. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
Digital Millennium Copyright Act
It is JumpySIM’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a 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 on this Site are covered by a single notification, a representative list of such works;
- 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 JumpySIM Mobile to locate the material;
- Information reasonably sufficient to permit JumpySIM to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
JumpySIM’s designated Copyright Contact to receive notifications of claimed infringement is: Risk and Compliance Team, 13/154 Fullarton Road, Rose Park SA Australia, 5067. For clarity, only DMCA notices should go to the Copyright Contact; any other feedback, comments, requests for technical support, and other communications should be directed to JumpySIM customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from this Site or disabled after JumpySIM received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending JumpySIM a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, JumpySIM may send a copy of the counter-notice to the original complaining party informing that person that JumpySIM may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides JumpySIM with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at JumpySIM’s sole discretion.
Intellectual Property Notice
All Content of this Site is owned by JumpySIM or its licensors, and is protected by U.S. and international copyright, trademark and similar intellectual property laws. All rights in and to such Content is reserved. Reproduction of any Content, in whole or in part, without permission is prohibited.
Acceptance of Terms
No Agency or Partnership
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and any of the JumpySIM Parties by your use of this Site.