MAXroam Service Terms & Conditions

MAXroam allows You to make low cost calls on various GSM cellular network from your MAXroam-enabled mobile phone when registered to the MAXroam 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 at www.maxroam.com/terms_and_conditions.asp.

These Terms and Conditions, and the related Forms and web pages they reference, constitute a legal Agreement between You the end user and MAXroam Limited (For the purposes of this document Cubic Telecom Limited and MAXroam are interchangeable and refer to the same entity).

By entering into this Agreement You expressly confirm that You are legally entitled to enter this agreement.

MAXroam shall make every effort to provide a high level of availability for its mobile Service. However, MAXroam is unable to guarantee continuous, fault-free operation of its mobile Service or certain transmission times or capacities. MAXroam 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 MAXroam's Service against unauthorized access or interception. MAXroam shall assume no liability for any such occurrence. MAXroam may at any time adapt or interrupt its services. MAXroam may engage at any time a third party to fulfill any of its obligations under this contract.

You may be provided with some free calls subject to "Reasonable Use," entirely at MAXroam's discretion. Otherwise, You will be charged MAXroam's standard rate for the Service/s. The MAXroam Service operates on a pre-pay basis and You will be prompted to pay these rates in advance.

A full list of MAXroam's rates for standard Services is published at www.maxroam.com/how-much-does-it-cost.asp. These rates may be changed from time to time, entirely at MAXroam's discretion, so You should check the MAXroam 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.

In very unusual cases, in order for MAXroam to provide continuity of the Service, it may be necessary to port your "MAXroam Number," which means moving it from one of MAXroam's suppliers to another. By agreeing to these terms and conditions you expressly agree to port your number as and when directed by MAXroam. MAXroam 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 MAXroam 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.

MAXroam may enter your MAXroam Number in MAXroam and 3rd Party Directories. You may choose not to do this in the Web Registration page or on the My Account page of the MAXroam website or by sending an email to support@maxroam.zendesk.com. MAXroam does not provide a paper based telephone directory.

Our network will allow the display of your MAXroam Number on receiving devices. If You do not want to display your CLI please notify us in writing to support@maxroam.zendesk.com

In order for the MAXroam service to be a low cost service we may rely on advertising and marketing supplied through the service and other mechanisms to subsidize 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. MAXroam 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 MAXroam website.

MAXroam 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.

MAXroam may from time to time send You information about our MAXroam products and services. If You do not want to receive information about MAXroam products and services You should contact us in writing at support@maxroam.zendesk.com

If you need assistance regarding the MAXroam Service, please email support@maxroam.zendesk.com. We DO NOT offer an operator assistance service.

There may be numbers that MAXroam restrict your access to, including but not limited to premium rate numbers, please check the Help section of the website for more details.

You may terminate this Agreement at any time with written notice to MAXroam at support@maxroam.zendesk.com

MAXroam 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.

You may request a refund for unused credit by sending an email to support@maxroam.zendesk.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 EUR 5.00. MAXroam charges a EUR 20.00 fee to process any refund requests. Any breach of these refund terms shall lead to termination of this agreement.

You may not assign your rights under this agreement unless expressly agreed by MAXroam.

MAXroam may assign our rights under this agreement to any company that controls MAXroam or that MAXroam controls.

All intellectual property rights in the MAXroam Service do not imply any transfer of intellectual property rights.

The service is copyright MAXroam Limited 2006 - 2007. Cubic Mobile and MAXroam are registered trademarks of MAXroam Limited in Ireland. The MAXroam logo and the MAXroam logo are trademarks of MAXroam Limited in the Ireland and other territories.

We take our customers' privacy seriously. Please read our Privacy Policy for full details at www.maxroam.com/privacy. Whilst we respect the privacy of our customers, cellular calls may be subject to interception by law enforcement agencies and bodies.

If You have any complaints about the service You should send them in the first instance to support@maxroam.zendesk.com. For details on our Code of Practice send your request to support@maxroam.zendesk.com.

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. MAXroam 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. MAXROAM 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. MAXROAM 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 MAXroam 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.

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 MAXROAM BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, MAXROAM'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 MAXROAM 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 MAXROAM'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES WITH RESPECT TO MAXROAM'S NETWORK, EQUIPMENT, OR SERVICES SHALL BE LIMITED TO THE AMOUNT OF MONTHLY SERVICE CHARGES PAID BY CUSTOMER TO MAXROAM 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.

MAXROAM DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES' NETWORKS TO WHICH MAXROAM MUST INTERCONNECT. THEREFORE, MAXROAM 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 MAXROAM TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, WHETHER SUCH FAILURE RESULTS IN DOWNTIME, NETWORK CONGESTION OR OUTAGES, OR ANY OTHER SERVICE FAILURE.

These Terms and Conditions and additional terms and conditions as explicitly identified on the MAXroam website constitute the entire Agreement between You and MAXroam. 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.

MAXroam 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.

You and MAXroam 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 MAXroam, MAXroam 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/SMS notices to its customers. MAXroam retains the right to pass on to You any new regulatory fees or taxes that may be imposed by law or regulation.

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.

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.

Cubic Telecom Limited, Company number 415374 incorporated in Ireland with a registered address at Unit 1, Webworks, Eglinton Road, Cork, Ireland.

MAXroam 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.

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.