TERMS AND CONDITIONS

                                                                TERMS OF USE

THESE TERMS OF USE (THIS “AGREEMENT”) CONTAIN THE TERMS AND CONDITIONS GOVERNING THE RELATIONSHIP BETWEEN CODES4GSM.COM, INCORPORATED IN UAE.  AS USED HEREIN, THE TERMS “WE,” “US,” AND “OUR” SHALL MEAN CODES4GSM.COM.  “YOU” AND “YOUR” MEAN THE PERSON WHO OPENS AN ACCOUNT OR TRANSACTIONS WITH CODES4GSM.COM AS FURTHER DESCRIBED HEREIN. THE TERMS “CREDIT” AND “CREDITS” MEAN MONEY OR CURRENCY TO BE USED ON ANY PRODUCT OR SERVICE PROVIDED BY CODES4GSM.COM.  IN ADDITION, 1 “CREDIT” IS EQUAL TO 1 USD.

CODES4GSM .CO LTD OWNS AND OPERATES CODES4GSM.COM.  UNLOCKING OF CELL PHONES IS 100% LEGAL AFTER PRESIDENT OBAMA SIGNED THE “UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION ACT” BACK IN 2014.

1.  THIS IS YOUR CONTRACT WITH US.  READ THIS AGREEMENT CAREFULLY AND KEEP IT FOR YOUR RECORDS.  BY PARTICIPATING IN THE PROGRAM IN ANY MANNER, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND AGREE THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS. THIS AGREEMENT INCLUDES A PROVISION (SEE SECTION 15 BELOW) REQUIRING ARBITRATION OF ALL DISPUTES ARISING FROM THIS AGREEMENT AND YOU’RE WAIVING THE RIGHT TO ASSERT CLASS OR GROUP CLAIMS. 

 

YOU MAY NOT USE THE ACCOUNT TO ENGAGE IN ANY OTHER TRANSACTION EXCEPT FOR THE TRANSACTIONS AS DESCRIBED IN THIS AGREEMENT.  SUBJECT TO THE OTHER TERMS AND PROVISIONS SET FORTH IN THIS AGREEMENT, WE RESERVE THE RIGHT TO MODIFY OR CANCEL THE PRODUCTS AND SERVICES OFFERED AT ANY TIME WITHOUT NOTICE TO YOU, AND WE MAY IMPLEMENT FRAUD MONITORING CONTROLS THAT MAY REDUCE CASH ACCESS OR SPENDING LIMITS TO PROTECT OUR MEMBERS.

2.  USE OF OUR SITE/ACCOUNT MEMBERSHIP. IN ORDER TO USE OUR SITE TO MAKE PURCHASES OR PRODUCTS AND/OR SERVICES, YOU AGREE TO TAKE FULL RESPONSIBILITY FOR ALL TRANSACTIONS MADE THROUGH YOUR ACCOUNT INCLUDING BUT NOT LIMITED TO ALL PAYMENTS MADE TO CODES4GSM.COM.    YOU REPRESENT AND WARRANT THAT: (A) ALL REQUIRED REGISTRATION INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE AND (B) YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION.  WE RESERVE THE RIGHT TO TERMINATE THE PRODUCTS AND/OR SERVICES OFFERED AT ANY TIME AND CLOSE THE ACCOUNTS OF ANY MEMBER WHO HAS OPENED MULTIPLE ACCOUNTS OR REGISTERED MULTIPLE TIMES FOR WITHOUT NOTICE AND IN OUR SOLE DISCRETION.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE ARE UNDER NO OBLIGATION TO PROVIDE ANY SERVICES TO ANY APPLICANT OR MEMBER AND MAY DECLINE ANY APPLICATION TO PARTICIPATE IN ANY OF OUR PRODUCTS OR SERVICE OFFERINGS AT OUR SOLE DISCRETION.

3.  TRANSACTIONS.

(A) USE OF YOUR ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NOT USE YOUR ACCOUNT FOR ANY ILLEGAL PURPOSE OR FOR ANY PURPOSE THAT VIOLATES ANY OF CODES4GSM.COM POLICIES.   WE GUARANTEE THAT ALL OUR SERVICES ARE 100% OFFICIAL AND NOT AT RISK FOR RELOCKING, UNLESS OTHERWISE SPECIFIED IN THE TITLE OR DESCRIPTION. ORDER REFUNDS WILL NOT BE GIVEN FOR DEVICE MALFUNCTIONS OR DEFECTS THAT EFFECT THE ABILITY TO PERFORM THE UNLOCK(EXAMPLE: DAMAGED USB PORT).   REVIEWING AND CERTIFYING THE CONDITION OF THE DEVICE IS YOUR RESPONSIBILITY  AND MUST BE DONE PRIOR TO ORDERING.  YOU MAY BE ASKED TO SUPPLY CERTAIN INFORMATION RELEVANT TO YOUR PURCHASE INCLUDING, BUT WITHOUT LIMITATION, YOUR 15 DIGIT IMEI NUMBER, MODEL, BRAND, ETC.  IN ADDITION TO YOUR DEVICE INFORMATION, YOU MAY BE REQUIRED TO PROVIDE VIDEO PROOF AS DETERMINED BY CODES4GSM.COM.  FAILURE TO PROVIDE VIDEO PROOF UPON REQUEST WILL RESULT IN THE INABILITY FOR CODES4GSM.COM TO ISSUE A REFUND OF CREDITS BACK TO YOUR CODES4GSM.COM ACCOUNT.   ORDERS CAN, AT ANY TIME, BE DELAYED FOR AN INDETERMINABLE AMOUNT OF TIME.   CODES4GSM.COM IS NOT RESPONSIBLE FOR ANY  DELAYS AND RESERVES THE RIGHT TO DETERMINE WHEN ORDERS WILL BE REJECTED.   IT IS YOUR RESPONSIBILITY TO READ THE SERVICE DETAILS PRIOR TO ORDERING.   FAILURE TO DO SO COULD RESULT IN THE INABILITY TO REFUND CREDITS BACK TO YOUR CODES4GSM.COM ACCOUNT.   CODES4GSM.COM IS NOT REQUIRED TO CANCEL ORDERS FOR ANY REASON AFTER THEY HAVE BEEN PLACED. 

(A) REFUND RIGHTS

 

WE GUARANTEE ALL CREDITS ARE LIFELONG AND NEVER EXPIRE. CODES4GSM.COM DOES NOT OFFER REFUNDS.  IF A SERVICE IS NOT COMPLETED, YOU MAY REQUEST A REFUND.  HOWEVER, REFUNDS ARE NOT GUARANTEED AND WILL BE ASSESSED ON A CASE BY CASE BASIS.  IF YOU OPEN A DISPUTE THROUGH YOUR ORIGINAL FORM OF PAYMENT, CODES4GSM.COM RESERVES THE RIGHT TO PERMANENTLY BLOCK YOUR CODES4GSM.COM ACCOUNT. TO REQUEST A REFUND, YOU MAY MAIL YOUR WRITTEN REQUEST TO SUPPORT@CODES4GSM.COM.

CONSENT FOR ELECTRONIC DISCLOSURES.

4.  FEES.  WE CHARGE YOU CERTAIN FEES (THE “FEES”) FOR YOUR USE OF OUR PRODUCTS AND/OR SERVICES.  THE FEE IS SUBJECT TO CHANGE AT OUR SOLE DISCRETION AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, EXCEPT THAT PRIOR TO AUTHORIZING ANY TRANSACTION, YOU WILL BE ADVISED ONLINE OF THE FEES APPLICABLE TO SUCH TRANSACTION.  IN ADDITION TO THE FEES PAYABLE IN CONNECTION WITH A TRANSACTION, WE MAY CHARGE YOU FEES FOR CHARGEBACKS, RETURNED ITEMS AND OTHER PROBLEMS OR DELAYS WE ENCOUNTER IN PROCESSING TRANSACTIONS THAT YOU REQUEST.  ALL FEES ARE DUE IMMEDIATELY.

5.  PERSONAL INFORMATION AND PRIVACY.  

(A) WE RESPECT THE PRIVACY OF THE PERSONAL INFORMATION OUR MEMBERS PROVIDE AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY.

6.  OUR LIABILITY TO YOU.  NEITHER WE NOR ANY OF OUR RESPECTIVE AGENTS OR SUBCONTRACTORS WILL BE LIABLE:

(A) FOR LOSSES OR DAMAGES ALLEGED TO RESULT FROM OUR FAILURE PROPERLY TO COMPLETE A TRANSACTION (OTHER THAN AS NOTED HEREIN);

(B) FOR LOSSES OR DAMAGES ALLEGED TO RESULT FROM OUR DELAY IN COMPLETING A TRANSACTION;

(C) IF, THROUGH NO FAULT OF OURS, AN IMEI THAT IS BANNED OR PROHIBITED ACCORDING TO US LAW IS SUBMITTED AND PROCESSED;

(D) FOR LOSSES OR DAMAGE ARISING FROM YOUR MISUSE OR INABILITY TO USE OUR WEBSITE (INCLUDING BUT NOT LIMITED TO YOUR FAILURE TO KEEP YOUR ACCOUNT INFORMATION SECURE), WHETHER DUE TO REASONS WITHIN OUR CONTROL OR NOT;

(E) DUE TO CIRCUMSTANCES BEYOND OUR CONTROL (SUCH AS FAILURE OR INTERRUPTION OF TELECOMMUNICATIONS, DATA TRANSMISSION SYSTEMS, OR THE SERVICE NO LONGER OPERATING) THAT PREVENT OR AFFECT THE TRANSACTION, DESPITE REASONABLE PRECAUTIONS THAT WE HAVE TAKEN.

7.  DISCLAIMERS OF LIABILITY.

(A) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR THIS AGREEMENT, (I) IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES FOR DELAY, OR NON-DELIVERY, OF A PRODUCT OR SERVICE, WHETHER CAUSED BY AN ACT OR OMISSION OF CODES4GSM.COM , ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS OR OTHERWISE, AND (II) THE SOLE  REMEDY  AVAILABLE TO YOU FROM CODES4GSM.COM OR ITS AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE POSSIBILITY OF A REFUND TO THE CUSTOMER OF THE PRINCIPAL OF THE PAYMENT TRANSACTION AMOUNT,  MINUS ASSOCIATED FEES LEFT TO THE SOLE DISCRETION OF CODES4GSM.COM. 

(B) IN PROVIDING THE PROGRAM TO YOU, NEITHER WE, NOR ANY OF OUR AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS, MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THE PROGRAM EXCEPT AS SET FORTH IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED BY US TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

(C) IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILLFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.

(D) WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY GOODS OR SERVICES BOUGHT OR SOLD BY YOU THAT ARE SETTLED THROUGH YOUR PARTICIPATION IN THE WEBSITE.

(E) WE DISCLAIM ANY AND ALL LIABILITY FOR ANY SERVICES RENDERED ON AN IMEI THAT IS BANNED OR PROHIBITTED ACCORDING TO US LAW.  THIS RESPONSIBILITY FALLS ON THE CUSTOMER WHO PLACED THE ORIGINAL ORDER.

8.  DISPUTES BETWEEN YOU AND ANY PROVIDER OF GOODS OR SERVICES OUTSIDE OF THIS AGREEMENT

 

YOU ACKNOWLEDGE AND AGREE THAT:

(A) ANY DISPUTE BETWEEN ANY YOU ANY THIRD PARTY REGARDING ANY PRODUCT OR SERVICE ORDER OR PURCHASED BY YOU THROUGH THE WEBSITE, SHALL BE SOLELY BETWEEN YOU AND SUCH THIRD PARTY, AND CODES4GSM.COM  SHALL NOT BE A PARTY TO ANY RESULTING DISPUTE, INCLUDING ANY DISPUTE CONCERNING SUCH THIRD PARTY’S PERFORMANCE OR ANY CLAIM BY YOU WITH RESPECT TO THE DELIVERY, QUALITY, QUANTITY, LEGALITY OR USE OF THE PRODUCTS AND SERVICES OFFERED BY SUCH THIRD PARTY; AND

(B) YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS CODES4GSM.COM  AND ITS AFFILIATES, AGENTS AND SERVICE PROVIDERS AGAINST ANY CLAIM BY ANY THIRD PARTY RELATING TO YOUR PURCHASE OR ANY PRODUCTS AND SERVICES FROM SUCH THIRD PARTY THROUGH THE WEBSITE.

 

9.  ERRORS, COMPLAINTS AND UNAUTHORIZED TRANSACTIONS

(A) HOW TO NOTIFY US REGARDING ERRORS AND UNAUTHORIZED TRANSACTIONS:  YOU SHOULD CONTACT US IMMEDIATELY IF YOU BELIEVE THAT (I) THERE HAS BEEN AN ERROR IN ONE OR MORE OF YOUR TRANSACTIONS, (II) YOUR LOGIN EMAIL OR PASSWORD  HAS BEEN COMPROMISED OR (III) SOMEONE HAS MADE (OR WILL MAKE) AN UNAUTHORIZED TRANSFER OF FUNDS USING YOUR ACCOUNT.   YOU MAY BE HELD LIABLE FOR AN UNAUTHORIZED TRANSFER DEPENDING ON WHETHER WE ARE ABLE TO REMEDY THE UNAUTHORIZED TRANSFER WITHOUT PENALTY OF FEES.  YOU WILL BE HELD COMPLETELY LIABLE FOR THE UNAUTHORIZED TRANSFER IF CODES4GSM.COM INCURRED FEES OR ADDITIONAL CHARGES AS A RESULT TO ANY TRANSACTION YOU HAVE ADDED TO YOUR CODES4GSM.COM ACCOUNT. 

(B) HOW WE RESOLVE ERRORS AND UNAUTHORIZED TRANSACTIONS: WE WILL AUTOMATICALLY RESTRICT ALL ACCESS TO YOUR ACCOUNT WITH CODES4GSM.COM UNTIL THE DISPUTE HAS BEEN RESOLVED.

10. TERMINATION.  AT ANY TIME AND WITHOUT PRIOR NOTICE, WE MAY REVOKE OR CANCEL YOUR PARTICIPATION IN THE WEBSITE AND THEREBY TERMINATE THIS AGREEMENT.  YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY CONTACTING CUSTOMER SUPPORT AT SUPPORT@CODES4GSM.COM.  TERMINATION, WHETHER BY YOU OR BY US, SHALL NOT AFFECT ANY PRIOR TRANSACTIONS OR OBLIGATIONS RELATING TO YOUR ACCOUNT EXISTING AT THE TIME OF TERMINATION.  UPON TERMINATION, WE WILL ARRANGE TO TRANSFER ANY REMAINING FUNDS IN YOUR STORED VALUE BALANCE TO YOU LESS ANY FEES INCURRED IN THE PROCESS OF RETURNING YOUR FUNDS.

11  BREACH OF THE AGREEMENT. IF YOU CONDUCT OR ATTEMPT TO CONDUCT ANY TRANSACTION IN VIOLATION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO REVERSE THE TRANSACTION, REVOKE OR SUSPEND YOUR PARTICIPATION IN THE WEBSITE..  WE ALSO RESERVE THE RIGHT TO RECOVER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO CHARGE AN ADMINISTRATIVE FEE COMMENSURATE TO THE COSTS WE HAVE INCURRED IN CONNECTION WITH YOUR ILLICIT ACTIVITY.

12.  ASSIGNMENT.  YOU MAY NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANY OTHER PERSON WITHOUT OUR PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN OUR SOLE AND ABSOLUTE DISCRETION.  WE MAY ASSIGN OUR OBLIGATIONS TO YOU UNDER THIS AGREEMENT WITHOUT YOUR CONSENT OR ANY PRIOR NOTICE.

13.  AGENTS AND SERVICE PROVIDERS.  WE MAY EMPLOY AGENTS OR SERVICE PROVIDERS TO PERFORM SERVICES FOR US IN CONNECTION WITH THIS AGREEMENT.  FOR EXAMPLE, WE HAVE RETAINED PAYSAFE TO PERFORM CERTAIN FUNCTIONS FOR US.  ALL SUCH SERVICES ARE PERFORMED AT OUR DIRECTION AND SUBJECT TO OUR SUPERVISION AND CONTROL.

14.  AMENDMENT.  WE MAY AMEND THIS AGREEMENT AT ANY TIME BY DELIVERING WRITTEN NOTICE OF SUCH AMENDMENT TO THE EMAIL ADDRESS YOU HAVE PROVIDED TO US IN CONNECTION WITH YOUR REGISTRATION IN THE PROGRAM, OR BY POSTING ANY SUCH AMENDMENT ON OUR WEBSITE.  YOU WILL BE GIVEN AT LEAST TWENTY-ONE (21) DAYS’ NOTICE PRIOR TO THE EFFECTIVE DATE OF ANY AMENDMENT THAT RESULTS IN AN INCREASE IN YOUR LIABILITY, A REDUCTION IN SERVICES OFFERED BY THE BANK, OR STRICTER LIMITATIONS ON TRANSACTIONS OR WITHDRAWAL RIGHTS.

15.  GOVERNING LAW, ARBITRATION OF DISPUTES AND WAIVER OF CLASS CLAIMS.

(A) THIS AGREEMENT AND ANY COMPLAINT, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING THERETO, INCLUDING ANY COMPLAINT, CLAIM OR CONTROVERSY AGAINST US IN CONNECTION WITH THE WEBSITE (COLLECTIVELY, A “CLAIM”), ARE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OR CHOICE OF LAWS PRINCIPLES, WHETHER OR NOT YOU LIVE IN VIRGINIA. 

(B) ANY CLAIM ABOUT US OR THE WEBSITE SHOULD BE ADDRESSED TO US IN THE FIRST INSTANCE BY CONTACTING CUSTOMER SERVICE AT SUPPORT@CODES4GSM.COM .  YOU SHOULD CLEARLY INDICATE THAT YOU ARE WISHING TO MAKE A CLAIM TO US.  THIS HELPS US TO DISTINGUISH A CLAIM FROM A MERE INQUIRY.  

(C) IF NOT RESOLVED PURSUANT TO THE AGREEMENT SECTIONS ABOVE, ANY CLAIM, INCLUDING QUESTIONS INVOLVING THE SCOPE, INTERPRETATION OR ENFORCEABILITY OF THIS AGREEMENT, WILL BE SETTLED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO ITS THEN-CURRENT CONSUMER ARBITRATION RULES (AVAILABLE AT WWW.ADR.ORG/RULES), AND WILL BE ARBITRATED IN VIRGINIA, UNLESS YOU ELECT TO WAIVE ANY IN-PERSON HEARING OR TO CONDUCT PROCEEDINGS ELECTRONICALLY (TELEPHONICALLY OR VIA VIDEO CONFERENCE, IF AVAILABLE).  EACH PARTY WILL BEAR ITS OWN ATTORNEYS’, EXPERTS’ AND WITNESS FEES.  ARBITRATION PROCEEDINGS MAY NOT BE CONSOLIDATED WITH THOSE OF OTHER MEMBERS.  NEITHER PARTY WILL HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM, AND EACH PARTY EXPRESSLY WAIVES ITS RIGHT TO ASSERT OR TO PARTICIPATE AS A PART OF ANY GROUP, CLASS, REPRESENTATIVE OR CONSOLIDATED CLAIM.  THIRD PARTIES’ CLAIMS WILL NOT BE JOINED IN ANY ARBITRATION BETWEEN THE PARTIES.  THIS SECTION 26 IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16.  EXCEPT TO THE EXTENT NEEDED TO ENFORCE THIS SECTION 26 OR ANY ARBITRAL AWARD ISSUED HEREUNDER, THE PARTIES WAIVE ALL RIGHTS TO A COURT OR JURY TRIAL TO RESOLVE ANY CLAIMS.

16.  LEGALITY OF UNLOCKING CELL PHONES. UNLOCKING OF CELL PHONES IS LEGAL AFTER PRESIDENT OBAMA SIGNED THE “UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION ACT” BACK IN 2014.

17.  SEVERABILITY.  IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION WILL BE DEEMED TO BE MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT VALID AND ENFORCEABLE AND THE REST OF THIS AGREEMENT WILL NOT BE AFFECTED.

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