TERMS & CONDITIONS

These Terms and Conditions constitute a legally binding agreement (“Agreement“) made between you and Footballerista Mobile Middle East LLC Dubai, United Arab Emirates, hereinafter referred to as “Footballerista“, concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all these Terms and Conditions Use.

If you do not agree with all these Terms and Conditions, then you are expressly prohibited from using the application and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Application from time to time also form part of these Terms and Conditions. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We may alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.

The service provided by the Application is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1. eSIM service

Footballerista sells prepaid and postpaid eSIM with data service plans based on eSIM technology (the “Service”) under the brand “FairPlay”. Footballerista may be reselling or offering the Service through a Partner or an Affiliate.

2. Terms of Service

2.1. Registration

2.1.1. The customer may register for the Service through our FairPlay webshop, App or via partners or agents.

2.1.2. The customer must provide his or her First and Last name, and verifiable email address to register. Additionally, customers may upload their profile photo and state their sport and travel preferences. Such information can be provided voluntarily.

2.1.3. The customer must accept the General Terms and Conditions and the Privacy Policies to register for the Service.

2.2. Purchase and Activation

2.2.1. Footballerista may restrict the availability of plans to some countries. Customers can browse, select and purchase our plans on the FairPlay webshop, App or via partners and agents.

2.2.2. By purchasing the Service, customers acknowledge that they have an unlocked, eSIM-compatible device, which is a prerequisite for the Service.

2.2.3. On purchase, customers must download the eSIM onto the customer device in order for the data plans to be configured as per your order. The downloaded eSIM shall continue to remain on your device after credit has been expended or your plan has expired. Customers can choose to remove the eSIM in their phone settings at any time, but we recommend that the customer do not remove eSIM until their plan has been depleted or expired.

2.2.4. To implement Service, the customer must first download the eSIM, then activate the data plan attached to the eSIM in order for service to commence. This downloading eSIM and the activation of the plans may require stable internet connection.

2.3. Duration and Termination

2.3.1. The Service shall commence immediately following a successful download of eSIM and activation of the data plan associated with the eSIM.

2.3.2. The duration of the Service will be as per the terms of the plan purchased.

2.3.3. The Service will terminate either on full consumption of plan or expiry of duration of the plan, whichever is earlier.

2.3.4. Footballerista may suspend the Customer’s use of the Service in case of breach of customer obligations mentioned below, with or without any notice. Footballerista reserves the rights to close the account(s) of any Customer and to request proper payment if the Customer attempts to use the FairPlay’s credits, promotions and referrals for the Services (the “Program”) in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

2.4. Engagement

2.4.1. The Service is provided on an “as is” and “as available” basis. Footballerista shall use reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability. However because the Service relies on technology and networks provided by its partners, Footballerista cannot guarantee network coverage, quality or availability of the Service.

2.4.2. Footballerista partners with other entities to provide the Service. Footballerista is under no obligation to inform the customer if it uses services from such partners. Customers agree to comply with Terms and Conditions of our partners as well. Our primary partner is TATA Communications Limited.

2.4.3. Availability of Service depends on our partners’ ability to maintain network capacity and connection availability, for which there are no guarantees.

2.5. Customer Obligations

2.5.1. Customer agrees to use the Service in compliance with these Terms and Conditions and to be responsible for all use of the Service.

2.5.2. Customer agrees to submit true, accurate, and complete registration information, and to keep such information up-to-date.

2.5.3. Customer agrees to keep the password confidential and will be responsible for all use of the account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is objectionable.

2.5.4. Customer agrees to use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present.

2.5.5. Customer agrees that the Service shall be used for personal consumption only.

2.5.6. Customers agree that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent or that causes the Network to be impaired or damaged.

2.5.7. Customer agrees that the credits, promotions and referrals for the Services (the “Program”) shall not be used to undermine the fairness, integrity or legitimate operation of the Program, including but not limited to, creating fake accounts or using fictitious identities to participate in the Program or receive Reward. FairPlay, in its sole discretion, reserves the right to disqualify the customer from the Program and future use of our Services.

2.5.8. Customer agrees that Footballerista may suspend the Service in case of breach of the above obligations, and that the Customer will continue to be liable and shall pay all charges due under these Terms and Conditions in respect of the suspended Services. Do note that any attempt to deliberately damage or undermine the legitimate operation of the Services and the Program may be in violation of criminal and civil laws. Footballerista reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.

3. Payment Terms

3.1. The customer may register and buy the eSIM on FairPlay webshop or App. Payment may be processed through an authorized agent of Footballerista.

3.2. All eSIM are prepaid or postpaid and prices are inclusive of any indirect taxes, unless specified otherwise. Indirect Tax will be levied on the basis of the postal (zip) code shown in the billing information related to the Credit Card Payment.

3.3. Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of plans.

4. Return and Refund Policy

4.1. Customers may be charged for the purchase of eSIM, virtual phone numbers (DIDs) or international mobile subscriber numbers (MSISDNs).

4.2. Customers may request a non-disputed refund payment or change prior to installation and activation, or if there is a known technical issue caused by Footballerista after activation.

4.3. Footballerista allows cancellations of eSIMs, Virtual Numbers (DIDs) or Mobile Station International Subscriber Directory Numbers (MSISDNs) under the following conditions:

4.3.1. Same-day request: The cancellation must be requested on the same day the order was placed and before the eSIM, Virtual Number or MSISDN has been used.

4.3.2. No activation: Cancellations will not be accepted if the eSIM QR code has been downloaded and activated on the device, or if the Virtual Number or MSISDN has been used.

4.4 Refund Request Process

4.4.1. Any complaints or feedback about the Service can be sent via a composed written message.

4.4.2. Initial contact: Get in touch with FairPlay customer support team on the same day of purchase to request cancellation:

support@yes-to-fairplay.com

4.4.3. Request evaluation: The team will review whether the eSIM, Virtual Number or MSISDN has not been used or activated.

4.4.4. Confirmation and refund: If the conditions are met, Footballerista will proceed with the cancellation and the corresponding refund.

4.5 Additional Considerations

4.5.1. Device compatibility: It is the customer’s responsibility to check the compatibility of their device with the eSIM before making a purchase.

4.5.2. Refund processing time: Processing times for refunds may vary depending on the bank and the payment method used.

4.5.3. Non-disputed refunds should be made within seven days.

5. Fair Usage Policy

5.1. The use of the eSIM and the purchased Service by Customer is expected to be a fair data usage.

5.2. Excessive volume or duration of data use, determined at Footballerista‘s sole discretion, acting reasonably, will constitute abuse of data usage privileges by the Customer.

5.3. Footballerista reserves the right to monitor data usage and to withdraw the Services supplied to the Customer at any time in case of overuse or abuse of the Service by the Customer to ensure network stability for all users.

5.4. Footballerista will not be liable for reimbursement, compensation, or any subsequent loss of any eSIM, and/or FairPlay Product that is suspended, withdrawn, or terminated under this Fair Use Policy.

5.5. If the Customer purchases an ‘unlimited’ data plan, they must note that data coverage and speed may be subject to the network operator’s fair use policy. This means that the network operator reserves the right to impose restrictions or limitations on data usage or speed if your usage is deemed excessive or if it affects the network performance of other Customers, in order to ensure a high quality of service for all Customers.

6. Unlimited Data Plans

6.1. The unlimited data plan offers the Customer unlimited mobile data usage for a period specified by Footballerista. The unlimited data plan is subject to the Fair Usage Policy. The unlimited data plan applies without restrictions as long as the customer is located within the OneWorld countries. Outside this area, no unlimited data plan is offered. The unlimited data plan is offered for a fixed number of days or as a subscription with a contract term.

6.2. The Customer agrees to pay the fee for the unlimited data plan as specified by Footballerista.

6.3. This plan is valid only for personal use and cannot be used for commercial or illegal activities.

6.4. Customers are strictly prohibited from using the Unlimited plan for any of the following activities:

• Automated data-intensive activities such as file sharing, peer-to-peer connections or extensive downloads.
• Mass applications of machine-to-machine data.
• Continuous streaming of content intended to replace a landline Internet connection.
• Any activities that negatively impact the performance of FairPlay‘s network or its network/technology partner or impair the experience of other FairPlay Customers.
• Excessive tethering or sharing of data via a hotspot with multiple devices or users beyond occasional beyond normal personal use.
• Sale or transfer of data volume to third parties.
• Any use that violates applicable law, regulations or network operator guidelines.
  

6.5. Footballerista reserves the right to reduce the data speed at any time.

6.6. The reduced speed may vary depending on network coverage and traffic congestion.

6.7. The Customer acknowledges that excessive data usage may result in slower internet speeds due to network management practices implemented by Footballerista and its partnering network operators.

6.8. The Customer understands that using high-bandwidth applications, such as video streaming or online gaming, may exhaust their monthly data allowance quickly and result in reduced speeds.

6.9. In case of any violation of these terms and conditions, including unauthorized use of the unlimited data plan, Footballerista reserves the right to terminate the service without prior notice.

6.10. Footballerista reserves the right to modify or discontinue this unlimited data plan at any time without prior notice.

6.11. By purchasing this unlimited data plan, the Customer agrees to comply with all applicable laws and regulations regarding internet usage and content access.

6.12. The Customer understands that this plan does not guarantee uninterrupted or error-free internet connectivity and holds no liability against any disruptions caused by factors beyond our control such as natural disasters, technical issues, etc.

6.13. All other terms mentioned in the general terms and conditions of FairPlay products are also applicable to this unlimited data plan.

6.14. The Customer agrees to these terms and conditions upon subscribing to the unlimited data plan and any violation of these terms may result in immediate termination of the service without refund.

7. Governing Law and Legal Compliance

7.1. This Agreement and any non-contractual obligation arising out of or in connection with it, will be governed by and construed in accordance with the laws Zurich, Switzerland and any dispute shall be dealt in the courts there.

7.2. We may be required to collect certain personal information from you in order to comply with legal and regulatory requirements. If we request such information from you and indicate that this is for legal or regulatory compliance, then you agree that you will provide us with the true and accurate information requested. Our use of your personal information is subject to the terms of our Privacy Policy (see below).

8. Intellectual Property Rights

Except as otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Switzerland, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Application “as is” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.

9. Privacy Policy

We take our customers’ privacy seriously. Please review our Privacy Policy available in mobile and website. By using the Application, you agree to our Privacy Policy, which is incorporated into these Terms and Conditions.

Please note that the Application may be hosted in the European Union. If you access the Application from a country other than the European Union with laws governing personal data that differ, you expressly consent to your data being transferred to and processed in the European Union.

We may be compelled to disclose your personal details by a valid governmental or court order. By registering for the Services you consent to such disclosure.

10. User Generated Contributions

The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content (“Contributions”).

When you create or make available any Contributions, you represent and warrant that:

10.1. The Contributions do not infringe third-party rights.

10.2. You have all necessary rights and permissions.

10.3. You have consent from identifiable individuals included.

10.4. Contributions are not false or misleading.

10.5. Contributions are not unsolicited advertising or spam.

10.6. Contributions are not obscene, violent, or abusive.

10.7. Contributions do not ridicule or abuse others.

10.8. Contributions do not incite violence.

10.9. Contributions do not violate applicable law.

10.10. Contributions do not violate privacy rights.

10.11. Contributions do not exploit minors.

10.12. Contributions do not violate child protection laws.

10.13. Contributions do not contain discriminatory content.

10.14. Contributions do not violate these Terms.

11. Contribution License

By posting Contributions, you grant Footballerista an unrestricted, irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, distribute, modify, and sublicense such Contributions.

You retain ownership of your Contributions but agree that Footballerista is not liable for statements made by you.

12. Guidelines for Reviews

When posting reviews:

1. You must have firsthand experience.
2. Reviews must not contain offensive or abusive language.
3. Reviews must not be discriminatory.
4. Reviews must not reference illegal activity.
5. You must not be affiliated with competitors when posting negative reviews.
6. You must not make legal conclusions.
7. You must not post false statements.
8. You must not organize review campaigns.

13. Application License

13.1 Use License

We grant a revocable, non-exclusive, non-transferable license to use the Application. You shall not:

1. Decompile or reverse engineer the Application.
2. Modify or create derivative works.
3. Violate applicable laws.
4. Remove proprietary notices.
5. Use the Application for commercial purposes.
6. Make the Application available to multiple users.
7. Create competing products.
8. Send automated queries or spam.
9. Use proprietary interfaces or IP unlawfully.
   

13.2 Apple and Android Devices

Additional terms apply when downloading from Apple App Store or Google Play, including compliance with distributor terms and acknowledgment of third-party beneficiary rights.

14. Social Media

Users may link third-party accounts. Footballerista may access permitted content and is not responsible for third-party services or content.

15. Submissions

All feedback, suggestions, or ideas submitted become the exclusive property of Footballerista and may be used without compensation.

16. Webshop and App Management

Footballerista reserves the right to monitor the Application, enforce these Terms, restrict access, remove content, and manage the Application to protect its rights and ensure proper functioning.

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