Terms and Conditions

AGREEMENT

　　These Terms and Conditions, and the related Forms and web pages they reference, constitute a legal Agreement between You the end user and SAPPHIRE MIFI

COMPLIANCE WITH APPLICABLE LAWS

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

SERVICE DESCRIPTION

　　SAPPHIRE MIFI shall make every effort to provide a high level of availability for its Sapphire MiFi Service. However, SAPPHIRE MIFI is unable to guarantee continuous, fault-free operation of its mobile data Service or certain transmission times or capacities. SAPPHIRE MIFI reserves the right to service its mobile data 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 data communication on third-party networks. No guarantee may be given for absolute protection of SAPPHIRE MIFI's service against unauthorized access or interception. SAPPHIRE MIFI shall assume no liability for any such occurrence. SAPPHIRE MIFI may at any time adapt or interrupt its services. SAPPHIRE MIFI may engage at any time a third party to fulfill any of its obligations under this contract.

CHARGES

　　You will be charged SAPPHIRE MIFI's standard rate for the Services unless agreed in writing with SAPPHIRE MIFI. The SAPPHIRE MIFI Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. Any Credit balance on your account can and will be applied in a pay-as-you-go format, when a data package is not being used. A full list of SAPPHIRE MIFI's rates for standard Services is published at myaccount.sapphirego.com. These rates may be changed from time to time, entirely at SAPPHIRE MIFI's discretion, so you should check the SAPPHIRE MIFI website regularly to determine if any changes have been made or announced. If you have no credit in Your Account you will be unable to initiate a data session.

SUSPENSION OR TERMINATION OF SERVICES

　　If you need assistance regarding the Sapphire MiFi Service, please email support@sapphirego.com. You can also contact us toll free at +1 855-554-0330

　　If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.

　　Your account will appear to be inactive if it has not been used for eighty days. You can contact us to reactive the account if you need to use it again.

REFUND POLICY

　　You may apply for a refund under the following circumstances: You have encountered operational issues with Sapphire MiFi hardware while travelling. Sapphire MiFi hardware must be returned to SAPPHIRE MIFI. Details must be advised in writing, including examples of issues encountered. SAPPHIRE MIFI will use its discretion to identify the problem. If the problem relates to Sapphire MiFi hardware and its performance, a full refund for Sapphire MiFi hardware and credit purchased will be awarded. Please note that the quality and coverage of roaming networks vary by country. No representations or guarantees are made in respect of availability, quality, operation or support for data communication on third-party networks or with third-party lines while roaming. If the problem relates to any other issue not related to the actual Sapphire MiFi hardware performance, a refund will be given for the unused credit portion only. Every attempt will be made to identify the problem in order to give you the option of using the Sapphire MiFi hardware on your next trip. To apply for a refund of your Sapphire MiFi hardware send us a support message at support@sapphirego.com

RETURNING UNWANTED/NOT FAULTY GOODS

　　If for any reason you change your mind about your purchase any item may be returned within 14 days of the date of purchase. Your item must remain in a saleable condition with original packaging and all seals unbroken. We will refund the price of the item excluding shipping costs after we have inspected the goods and confirmed the condition of the goods as appropriate for refund. Please supply the following details otherwise the claim will not be processed:

• Full Name

• Delivery address

• Date of receipt of product

• Order number

• Reason for return

• Please attach proof of purchase

　　Please return your device to the location you purchased it from. If return to original location is not possible then contact customer support to arrange return.

　　Please note that all returns will be sent to our quality department for testing. Please note if returning goods we require the original invoice. Without this information we will be unable to identify the returned package as yours and we will not be able to process the return/refund.

　　Please retain proof of posting. The goods remain your responsibility until they are received by us.

RETURNING FAULTY GOODS

　　• All devices are sold on a non-return basis and may only be returned for credit if found to be faulty within 30 days of dispatch from SAPPHIRE MIFI and provided that the following conditions are fully met.

　　• All devices must be fully boxed and in AS NEW condition.

　　• ALL returns must be returned complete: Device, Box, Manual

　　• SAPPHIRE MIFI reserve the right to reject returns for credit, if returned goods are found not to meet these requirements, all goods will be returned to you at your own cost and NO Credit will be issued.

　　• All devices returned need to be classified with a reason for return.

　　• IMEI match: - IMEI on Device and Box must match

　　• SAPPHIRE MIFI reserve the right to reject returns for credit any devices where the IMEI does not match box and device or the device is damaged or in poor condition.

　　• Please ensure that all items are securely packaged.

　　• All return costs will be covered by SAPPHIRE MIFI.

　　• Credit will only be issued upon completion of the above process and once the product has been returned back to us.

　　• SAPPHIRE MIFI reserves the right to reject any NFF (No Fault Found) and the unit will be returned to you at your cost.

　　• NFF (No Fault Found) are units that when tested the reported fault or any fault could not be reproduced.

　　• Please note that all returns will be sent to our quality department for testing. Any device which has been used to avail of Sapphire MiFi services will not be accepted as a return under the Distance Sales regulations and will be returned to you within 7 working days (this does not affect your statutory rights under the Sale Of Goods Acts).

　　• Please note if returning goods we require the original invoice or your full name and address. Without this information we will be unable to identified a returned package as yours and we will not be able to process the return/refund.

　　• When re-packaging the goods, you need to ensure you have included the complete set of product items (including accessories, instruction manual and/or additional items that we originally sent to you, including any free gift).

　　• Please retain proof of posting. The goods remain your responsibility until they are received by us.

ASSIGNMENT OF RIGHTS

　　You may not assign your rights under this agreement unless expressly agreed by SAPPHIRE MIFI. SAPPHIRE MIFI may assign our rights under this agreement to any company that controls SAPPHIRE MIFI or that SAPPHIRE MIFI controls.

OWNERSHIP

　　Sapphire MiFi is a registered trademarks of DHI Elements The Sapphire MiFi logo and SAPPHIRE MIFI are trademarks of DHI Telecom Group

PRIVACY

　　It's important to SAPPHIRE MIFI to help our customers retain their privacy when they take advantage of all the Internet has to offer. We believe your business is no one else's. Your privacy is important to you and to us. Therefore, we'll protect the information you share with us. To protect your privacy, SAPPHIRE MIFI follows different principles in accordance with worldwide practices for customer privacy and data protection.

　　• We will not sell or give away your name, mail address, phone number, email address or any other information to anyone.

　　• We will use state-of-the-art security measures to protect your information from unauthorized users.

NOTICE

　　We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download software, enter a contest, order email newsletters . We use your Personal Information for four primary purposes:

• To make the site easier for you to use by not having to enter information more than once.

• To help you quickly find software, services or information.

• To alert you to product upgrades, special offers, updated information and other new services from SAPPHIRE MIFI .

CONSENT

　　If you choose not to register or provide personal information, you can not use Sapphire MiFi service.

ACCESS

　　We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time at the Customer Center. There, you can:

• View and edit personal information you have already given to us.

• Register. Once you register, you won't need to do it again. Wherever you go on myaccount.sapphirego.com, your information stays with you.

SECURITY

　　SAPPHIRE MIFI has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. We guarantee your e-commerce transactions to be 100% safe and secure. When you place orders or access your personal account information, you are utilizing secure server software SSL, which encrypts your personal information before it's sent over the Internet. SSL is one of the safest encryption technologies available.

　　In addition, your bank can hold you liable in fraudulent credit card charges. If your bank does hold you liable for $25 or less, we'll cover your liability provided the unauthorized, fraudulent use of your credit card resulted through no fault of your own and from purchases made from us over our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

　　SAPPHIRE MIFI strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in Hong Kong or any other country where SAPPHIRE MIFI, its subsidiaries, affiliates or agents are located.

　　You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password, so do not share these with others.

ENFORCEMENT

　　If for some reason you believe SAPPHIRE MIFI has not adhered to these principles, please notify us by email at support@sapphirego.com, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

ELECTRONIC PRODUCT REGISTRATION

　　When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you've already left with us (we call that information your personal profile). If you haven't previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can visit the Profile Centre, click on Update Profile, and edit any of the Personal Information in your profile. If you haven't already created a Registration ID, we will ask you to do so. This ensures that only you can access your information.

CUSTOMER PROFILES

　　As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.

WHAT WE DO WITH THE INFORMATION YOU SHARE

　　When you join us, you provide us with your contact information, including YOUR NAME and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you use our Sapphire MiFi service, we ask for your billing address, passport number or ID. We use this information only to bill you for the product(s) you order at that time. For your convenience, we do save billing information in case you want to order from us again, but we don't use this information again without your permission.

　　We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

　　SAPPHIRE MIFI will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SAPPHIRE MIFI or the site; (b) protect and defend the rights or property of SAPPHIRE MIFI and its family of Websites, and, (c) act inurgent circumstances to protect the personal safety of users of SAPPHIRE MIFI, its Websites, or the public.

COMPLAINTS

　　If you have any complaints about the service please contact: support@sapphirego.com.

NO WARRANTY

　　While we will endeavor 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. SAPPHIRE MIFI 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. SAPPHIRE MIFI DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY ANDALL 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 OFDEALING, USAGE OR TRADE PRACTICE. SAPPHIRE MIFI 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 SAPPHIRE MIFI website regularly to see if any changed have been made or announced. We will endeavor 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), SHALLSAPPHIRE MIFI BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, SAPPHIRE MIFI'S NETWORK OR EQUIPMENT, OR THE SERVICE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, DAMAGESRESULTING 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; ORANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES, HOWEVER CAUSED. THIS LIMITATION WILL APPLY EVEN IF SAPPHIRE MIFI 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 EXCLUSIONSSET 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 SAPPHIRE MIFI'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGESWITH RESPECT TO SAPPHIRE MIFI'S NETWORK, EQUIPMENT, OR SERVICES SHALL BE LIMITED TO THE AMOUNT OF MONTHLY SERVICE CHARGES PAID BY CUSTOMER TO SAPPHIRE MIFI HEREUNDER FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE OCCURRENCEOF THE EVENT GIVING RISE TO SUCH LIABILITY.

2. Disclaimer of Third Party Actions and Control

　　SAPPHIRE MIFI DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES' NETWORKS TO WHICH SAPPHIRE MIFI MUST INTERCONNECT. THEREFORE, SAPPHIRE MIFI DISCLAIMSANY 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 SAPPHIRE MIFI TO COMPLY WITHITS 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 SAPPHIRE MIFI website constitute the entire Agreement between You and SAPPHIRE MIFI . 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

　　SAPPHIRE MIFI 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, labor shortage or dispute, governmental act or failure of any third-party service or network.

CHANGES IN REGULATION

　　You and SAPPHIRE MIFI understand that regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on SAPPHIRE MIFI, SAPPHIRE MIFI 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. SAPPHIRE MIFI 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 Hong Kong. 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

　　• DHI Elements – A DHI Telecom Group Company

　　• 711 East 20th Street, Houston TX 77007

ADDITIONAL SERVICES, FEATURES AND TERMS

　　SAPPHIRE MIFI 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 translate 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.

FEES AND TAXES

　　Your goods may be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the recipient's responsibility and are completely beyond our control.