iRoam Global Pty Ltd ("iRoam") will provide you with the Services in accordance with these Terms and Conditions, the Application for International Mobile Roaming Service ("Application"), collectively "the Agreement").

1. Provision of Services

1.1. iRoam Global will supply digital international mobile roaming telecommunications services (the "Services"), which may be varied at any time in our discretion without reference to you, on a digital telecommunications network (the "Network") of a licensed telecommunications carrier ("Carrier") for the use of international mobile roaming telecommunications.

2. Commencement

2.1. Our Agreement commences on the registration of an account with the deposit of funds to charge the account and will continue until terminated by iRoam under Clause 10 or by you giving to iRoam at least 45 days' written notice of termination.

3. SIMcards

3.1. SIMcards always remain the property of the Carrier. iRoam is not responsible for any loss or damage of SIMcards. iRoam is not responsible for the network coverage of the SIMcard, this remains the responsibility of the carrier suppying the SIMcard.

4. Payments

4.1. You must pay all access charges, call charges and other charges to iRoam in respect of the Services for the term of the Agreement in accordance with the details notified to you from time to time of the relevant tariff specified in the Application (the "Tariff Plan"), together with all taxes, duties and levies payable in respect of the Services.

4.2. iRoam may immediately pass on to you any changes in Carrier's charges to iRoam without notice to you.

5. Time for Payment of Accounts

5.1. iRoam services need to paid in advance by debiting the account with sufficient funds to use the services.

6. Liability

6.1. Because Services may be affected by the level of use of the Network and of facilities related to providing the Service, and transmission and reception may be affected or interrupted in sheltered, indoor or underground areas, or by geographic or climatic factors, iRoam and the Carrier do not warrant that Services will be free from interruptions, delays or faults of this kind and neither iRoam nor the Carrier will be responsible for any loss or damage which may result.

6.2. iRoam nor the Carrier is liable to you or any other person for:

a. any cost, loss or liability (including injury, death, loss of profit or other consequential damage) arising out of iRoam's supply or failure to supply the Services including any such costs, losses or liabilities arising as a result of any act, omission or negligence of iRoam; or

b. the content or confidentiality of any communications made over the Network and you agree to indemnify iRoam and the Carrier and keep iRoam and the Carrier indemnified against any costs, claims, damages, liabilities or demands claimed or made against iRoam and/or the Carrier, or which iRoam and/or the Carrier suffer as a result of any defamatory or other unlawful comments made using the Services (whether or not made by you).

6.3. iRoam have no liability to you or any other person for the acts or defaults of Carriers, for faults or defects in Services which are caused to any material extent by your own conduct or misuse, or that arise in telecommunications services not provided under the Agreement (even if those services are connected to the Services with our consent).

6.4. iRoam and the Carrier are not liable for any delay in correcting any fault in any Service, failure or incorrect operation of any Service, or any other default in performance under the Agreement caused by any event reasonably beyond iRoam's and/or the Carrier's control, including but not limited to war, accident, act of God, industrial action, embargo, delay or failure or default by a Carrier.

9. Termination

9.1. iRoam may immediately terminate this contract if you:

a. breach any term of the Agreement (including any terms relating to payment or use of the Services) or any term of any other agreement you have with iRoam;

b. enter, or threaten to enter into or are likely to become subject to any form of insolvency administration, whether formal or informal or threaten to cease or are likely to cease to conduct any business carried on by you in the normal manner or being a natural person, die, or being a partnership, dissolve or resolve to dissolve, or being a corporation, become an "externally-administered body corporate" as defined in the Corporations Law.

10. Confidentiality

10.1. iRoam or the Carrier retains all intellectual property rights in information in any form relating to the Services, the design or operation of the Network, the manner in which iRoam arranges Services, charges and discounts, and other financial and technical information relating to the provision of the Services to you ("Confidential Information"). You will keep the Confidential Information confidential, and will not allow any written or electronically recorded material to be copied, and you will not use information which you acquire from us for any purpose unauthorised in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.

11. General

11.1. iRoam may exchange information with a Carrier concerning your account, including particulars of calls and call charges.

11.2. The Agreement is governed by the laws of Victoria, Australia.

11.3. The Agreement contains the whole understanding of the parties to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services. You acknowledge that you enter into the Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in the Agreement.

11.4. The failure by either party to exercise any right or remedy under the Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party's waiver of such right or remedy.

11.5. You will not assign, charge or otherwise deal with your rights under the Agreement except with our prior written consent. However, iRoam may assign all or any of its rights and obligations under the Agreement.