Terms and condition
Terms and Conditon
Thanks for using SHOREACCESS Global WIFI!
BEFORE YOU USE THE PRODUCTS AND SERVICES, PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY USING THE PRODUCTS AND SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CONTINUE TO USE THE PRODUCTS AND SERVICES. SHOREACCESS RESERVES THE RIGHT TO REFUSE PRODUCTS AND SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH SHOREACCESS, INC. THAT EXPRESSLY REFERENCES AND SUPERSEDES THIS AGREEMENT (A “SUPERSEDING AGREEMENT”).
If you purchased your Product and Services from a reseller or partner who is authorized by Shoreaccess to sell such Equipment (“Authorized Partner”), these T&Cs will still apply as the Agreement between Shoreaccess and you for your application use.
Section 1: Products & Services
In addition to the Products and Services, Shoreaccess also provides a quick start guide to travelers who plan to visit the USA, Europe, Asia, or other international destinations covered by Shoreaccess WIFI as listed on the Shoreaccess website. https://www.shoreaccessonline.com/wifipackage
AIR USE POLICY: Our goal at Shoreaccess is to provide high-speed internet access to our entire community of users, anywhere and anytime! To ensure we optimize our data network to provide the best speeds to the greatest number of customers worldwide, we practice an industry standard Fair Use Policy, consistent with most mobile carrier and broadband company policies for mobile data usage. Because our network is a limited resource, customers who take a disproportionately high amount of data may experience reduced network speeds, based on location and service, so that we protect Fair Usage for all. To ensure you have uninterrupted high-speed data, we strongly recommend disabling apps and features that consume data in the background, including cloud syncing, large system updates, auto-backups, auto-app updates, and avoid extended use of video streaming, gaming, and other online activities that consume large amounts of data.
Section 2: Eligibility to Purchase
While the Products and Services may be used by travelers of any age, Shoreaccess will only allow purchases from adults who are at least 18 years of age. If you are not 18 years of age, you represent that you are at least the age of majority in your respective state or province of residence; or that you are the age of majority in your state or province of residence and you have given Shoreaccess your consent to allow your minor dependents to use the Products and Services.
Section 3: Delivery
When you place an order to purchase, Shoreaccess asks that you inspect all Equipment upon receipt and to verify that it is in good working order and condition. It is your responsibility to ensure that you are available to receive and that you accept the delivery of the Equipment. Shoreaccess will assume all risk of loss and damage from the delivery of the Equipment from the point of sale to your designated address.
Section 4: Use of Equipment
You agree to use all Equipment in accordance with these T&Cs and provided a quick start guide. You further agree that you will NOT do any of the following:
(a) make repairs or modifications, or alter in any way, the Equipment (including but not limited to the swapping of a non-authorized Equipment battery and other);
(b) remove or alter any certification markers affixed to the Equipment;
(c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend on your trip (up to five devices);
(d) grant any interest in the Equipment to any third party; or
(e) use the Equipment for any illegal purpose, including in violation of your jurisdiction (including but not limited to copyright laws).
(f) use the Equipment, Products, Services, or its content:
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful acts;
(iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(iv) to infringe upon or violate Shoreaccess intellectual property rights or the intellectual property rights of others;
(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(vi) to submit false or misleading information;
(vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Shoreaccess website, other websites, or the Internet;
(viii) to collect or track the personal information of others;
(ix) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(x) for any obscene or immoral purpose; or
(xi) to interfere with or circumvent the security features of the Services or any related Shoreaccess website, other websites, or the internet.
(g) use the Equipment to transmit worms or viruses or any code of a destructive nature.
Shoreaccess reserves the right to terminate your use of the Product and Services for violating any of these prohibited uses in this Section
Section 5: Returns
(a) If you would like to return your order within 30 days of your delivery date, your Equipment must be unused and in the same condition that you received it. It must also be in the original packaging. Once Shoreaccess receives your returned Equipment, you'll receive confirmation from the Shoreaccess customer support team and your refund will be processed through your original method of payment within three (3) business days. To ask any questions about return instructions please kindly reach out to the Shoreaccess customer support team at firstname.lastname@example.org. You will be responsible for return shipping costs and must include trackable shipping service.
Data plans are valid for 30days, 180days and 365 days at maximum speed if you consume the data before end of data package validity you have the option of purchasing additional gigabyte bundles. Any remaining balance after the expiry date will automatically be forfeited.
Data plans and WIFI pricing posted on our website may be amended without prior notice.
To place any purchase order on our Equipment, you may purchase on our online store. Shoreaccess requires a credit card or PayPal account for all applicable charges. The credit card or PayPal account details may be kept on file in the event that other Service Charges need to be placed with your opt-in consent. Such credit card and payment information are always encrypted during transfer over networks.
(b) Service Charges. Usage charges must be pre-paid according to the current airtime and data rate schedule for Plans, as posted on the shoreaccess website.
(c) Cancellation. The loaded and active package cannot be canceled. For Order device with data package if your equipment has already been dispatched then shoreaccess will not able to refund the relevant shipping charge. If you already have received the equipment and wish to cancel, you will note to return it to shoreaccess immediately as long as the Data package is not started yet then we can refund the device including the package but once the package has been started and active we can only refund the device.
(d) Duty / Tax Charges / VAT. Depending on the country of where your purchase transaction is taking place, you may be subject to Duty / Tax / VAT Charges in which case you will be responsible for these charges.
Section 7: Ownership of Equipment
By purchasing the shoreaccess WIFI, you will obtain property rights as to the specific Equipment for your personal use and not for resale or distribution.
Section 8: Shoreaccess Warranty
One (1) Year Warranty. Shoreaccess will exchange or repair any units or parts that are defective within one year of when you purchased your Equipment. Please contact email@example.com so Shoreaccess may assess any Product or Equipment issues to help resolve. It is your obligation to notify Shoreaccess immediately in the event that you experience any problems with your Equipment. In case the law in the locale in which the Shoreaccess hotspot was purchased by an authorized Shoreaccess dealer required a warranty longer than one year, the warranty shall equal the minimum required by law.
Section 9: Disclaimer of Warranties
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 8 ABOVE, SHOREACCESS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS AGREEMENT. SHOREACCESS CANNOT WARRANT ITS PRODUCTS AND SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. SHOREACCESS CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD-PARTY PRODUCTS OR SERVICES. SHOREACCESS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES, AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSED THROUGH ITS PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY PRODUCTS OR SERVICES.
Section 10: Consequential Damages; Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER SHOREACCESS NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT SHOREACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SHOREACCESS AGREES THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Shroeaccess total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under these T&Cs. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
Section 11: Indemnification
By agreeing to these T&Cs, you agree to indemnify, defend, and hold harmless Shoreaccess, its officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expenses, including but not limited to reasonable attorneys’ fees, in any way connected with (a) a breach of these T&Cs; (b) any dispute between you and any third party product, service, or site, which you engaged through the Products and Services; and (c) which arise or result from any unauthorized or illegal use or distribution of the Product and Services.
Section 12: Miscellaneous
Shoreaccess reserves the right to discontinue the Products and Services or terminate and/or amend these T&Cs from time to time at Shoreaccess sole discretion. Expiration or termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 6-9, 12-16 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Agreement without Shoreaccess prior written consent. You agree that Shoreaccess may assign this Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of shoreaccess business. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein and shall supersede all prior agreements and understandings, whether written or oral.
Section 13: Third Party Products and Services; User Content
By using the Products and Services, you may receive promotional messages regarding Products and Services Shoreaccess offers, as well as other third-party products, services, and advertisements. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Any user content you provide us will be at your discretion and with your consent. You understand that your user content may involve
(a) transmissions over various networks, and
(b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card and payment information are always encrypted during transfer over networks.
THIRD-PARTY PRODUCTS AND SERVICES
Certain content, products, and services available via the Products and Services may include materials from third parties. Third-party links on the Shoreaccess website may direct you to third-party sites that are not affiliated with Shoreaccess. Shoreaccess does not warrant and will not have any liability or responsibility for any third-party content, or for any other materials, websites, products, or services of such third parties. Shoreaccess is not liable for any harm or damages related to any other transactions in connection with such third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Shoreaccess may edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you knowingly forwarded and consented to use by Shoreaccess. In addition, you agree that Shoreaccess may use your name and logo (whether or not you have made it available through the Products and Services) for the purpose of identifying you as an existing or past customer of Shoreaccess both on the Products and Services and in marketing, advertising, and promotional materials.
Shoreaccess is under no obligation
(1) to maintain such comments in confidence;
(2) to pay compensation for such comments; or
(3) to respond to such comments. Shoreaccess may monitor and remove content that Shoreaccess determines (in its sole discretion) to be unauthorized, unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Shoreaccess or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Shoreaccess takes no responsibility and assumes no liability for any comments posted by you or any third party.
Section 14: Force Majeure
In the event Shoreaccess fails to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, labor strikes, industrial disputes, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond Shoreaccess control, such failure shall not be deemed to be a breach of this Agreement, provided that Shoreaccess notifies you of the existence and nature of the reason for the non-performance and delay, and Shoreaccess resumes performance immediately upon the conclusion of the relevant force majeure.
Section 15: Governing Law; Dispute Resolution and Arbitration
Let's Try To Sort Things Out First.
Please contact firstname.lastname@example.org to try to resolve any dispute. If a dispute is not resolved within 60 days of submission, you or Shoreacces may proceed to formal dispute resolution.
Governing Law; Judicial forum for disputes.
These T&Cs are governed by Philippine law, without regard to conflicts of law principles. You and Shoreaccess agree that any judicial proceeding to resolve claims relating to these T&Cs will be brought in the court in Chiba, Japan, subject to the mandatory arbitration provisions below. Both you and Shoreaccess consent to venue and