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Terms & Conditions
Last Updated: July 2021
TechProMart, Ltd., through its affiliates, provides access to mobile data service and other services to users around the world (“TechPro”, “we”,“our”, or “us”). It is your responsibility to read and understand the following terms and conditions, including any Local Law Terms (these “Terms and Conditions”) completely and thoroughly. You (the “Customer”)agree to and accept our Terms and Conditions by purchasing, leasing, installing, accessing, using, or visiting our products, apps, services, or websites (collectively the “Services”).
If you are a Customer located in the United States, these Terms and Conditions are between you and TechPro, Ltd.
TechPro may amend or vary these Terms and Conditions from time to time to reflect changes in law, modifications to or updates of the Services. TechPro will
notify Customer by app push notifications or in-app messaging if such changes materially affect the rights of Customer under these Terms and Conditions. Changes will not apply retrospectively.
Termination
The use of all Services may be terminated or suspended without notice by TechPro if TechPro has reason to believe (each a “Termination Event”): (i) that the Device was obtained by any misrepresentation or fraudulent means; (ii) that any meter in the Device has been tampered with; (iii) that the Device is or has been used for any illegal or improper purpose, or in violation of applicable laws; (iv) Customer is inbreach of any of these Terms and Conditions including the payment terms by the Customer; (v) possible theft; or (vi) there has been fraud or has detected unusually high usage in accordance with general operating practices and procedures in the cellular industry. You are not eligible for a refund of any amounts paid to TechPro if TechPro terminates or suspends your Services upon occurrence of a Termination Event.
Fair Use Policy
In some countries, a Fair Use Policy (“FUP”) may be in place in accordance with the business practices of the local internet service provider (the local in-country wireless network carrier or operator). If a FUP is in place, it may limit the transfer of a specific amount of data over a period of time. Internet service providers (“ISPs”) commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain amount of data within a specified time period, which can result in the ISP restricting the connection speed. The Customer acknowledges that a FUP may be in place and accepts this possibility, and the Customer will not hold TechPro liable for any FUP, restricting of connection speeds, or related issues which could affect the performance of the Device or the Customer’s usage experience. For more information, please see your applicableLocal Law Terms.
VII. TechPro’s Liability
UNLESS A DIFFERENT POSITION IS SET OUT IN THE LOCAL LAW TERMS, TECHPRO MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION, OR FITNESS FOR A PARTICULAR PURPOSE OF THE DEVICE OR DATA SERVICES FURNISHED UNDER THESE TERMS AND CONDITIONS. EXCEPT AS SET FORTH HEREIN, TECHPRO DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE DEVICE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR THAT THE SERVICE WILL MEET THE CUSTOMER’S REQUIREMENTS, OR THAT ALL ERRORS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SYSTEM THAT MAKES THE SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Unless a different position is set out in the Local Law Terms and subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify, defend and hold harmlessTechPro, its affiliated companies, and officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers of TechPro and its affiliated companies against all claims, demands, and liabilities arising out of or in connection with the lease, possession, use, condition, operation or misuse of the Device by Customer or third parties, or of the Services provided hereunder, whether in breach of these Terms and Conditions or otherwise arising howsoever. This indemnity provision shall survive the termination of these Terms and Conditions.
TECHPRO’S LIABILITY TO YOU IS NOT LIMITED OR EXCLUDED TO THE EXTENT THAT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW.TECHPRO WILL IN NO EVENT BE LIABLE FOR NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST TECHPRO FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE, OR EXPENSE OF ANY KIND (INCLUDING LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, AND ANTICIPATED SAVINGS, AND PUNITIVE DAMAGES) WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL CAUSED BY THE DEVICE OR THE FAILURE OF THE DEVICE TO OPERATE CORRECTLY OR AT ALL, OR FOR ANY DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICES) OR FAILURE OF THE SERVICES. TECHPRO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE AGGREGATE PURCHASE PRICE THE CUSTOMER PAID FOR THE DEVICE AND THE MOBILE DATA ALLOWANCES.
The Customer shall be liable to TechPro for all expenses, including reasonable attorneys’ fees, collection fees, and court costs incurred in connection with any collection, repossession, or other action brought to enforce TechPro’s rights under these Terms and Conditions.
TechPro reserves the right to deactivate the Device at any time and without notice to the Customer, in the event that TechPro detects unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and TechPro shall have no liability whatsoever to the Customer for such deactivation.
VIII. Assignment
TechPro may, in its sole discretion, transfer or assign these Terms and Conditions and may novate or transfer any, all or any portion of its duties under these Terms and Conditions. TechPro may engage subcontractors to carry out any of its obligations under these Terms and Conditions. You may not assign these Terms and Conditions without TechPro’s prior consent.
General
The headings in these Terms and Conditions are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
No waiver by TechPro of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
These Terms and Conditions constitute the entire agreement between TechPro and the Customer with regard to the subject matter hereof, and there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise,concerning the use of the Device or the Services, other than as set forth herein.
TechPro is not liable for any lack of privacy or security which may be experienced with regard to the Services. The Customer authorizes TechPro’s monitoring and recording of data concerning the Customer’s account or the Services and consents to TechPro’s use of automatic dialing equipment to contact the Customer. TechPro has the right to intercept and disclose transmissions in order to protect its rights or property as permitted by applicable laws.
TechPro has a right to amend these Terms and Conditions where required for security purposes, where there are changes in applicable law or where there are changes to the underlying service, provided such changes are not detrimental to the Customer. In such cases, TechPro will send notice to the Customer of such changes by email, or by any other reasonable means.
Where there is a conflict between these Terms and Conditions and theLocal Law Terms, the Local Law Terms will prevail.
These Terms and Conditions shall be governed by and be interpreted in accordance with the laws of Singapore.
The Singapore courts shall have exclusive jurisdiction in relation to all disputes under these Terms and Conditions. For these purposes, each party irrevocably submits to the jurisdiction of the Singapore courts and waives any objection to the exercise of that jurisdiction.
These Terms and Conditions may be available in languages other than English. To the extent of any inconsistencies or conflicts between these different languages, the English version of these Terms and Conditions will prevail.
Contact Us
If you have any questions or would like to talk to us about your use of the Services, please contact us by email at:
For all customers in the USA, the following additional terms shall apply:
TechPro reserves the right to invoice Customer to recoup costs associated with the payment of fees, surcharges or other contribution obligations imposed on TechPro (which have not otherwise already been paid to TechPro by Customer) by governmental or quasi-governmental bodies in connection with the sale, installation, use, or provision of the Services to Customer (including, without limitation, applicable franchise fees, if any). TechPro may exercise such right regardless of whether TechPro or its affiliates are required or explicitly authorized by the applicable law to (A) pass through such fees, surcharges, or other contribution obligations to Customer or (B) collect such fees, surcharges, or other contribution obligations from Customer. These obligations may include those imposed on TechPro or its Affiliates by an order, rule, or regulation of a regulatory body or a court of competent jurisdiction, as well as those that TechPro or its Affiliates are required to collect from Customer or to pay to others in support of statutory or regulatory programs. For example, the Customer may be charged a monthly regulatory recovery fee (not to exceed TechPro’s actual cost for the same) to help defray TechPro’s contributions to municipal, state, and federal programs including, without limitation, universal service, telecom relay services for the visually/hearing impaired, and 911/E911 programs and infrastructure. This regulatory recovery fee is not a tax, and it is not government-mandated. In addition, some government-related costs, taxes, and fees may be billed separately, all of which may be changed with or without notice.