TERMS & CONDITIONS: BAMBOO CONNECTED BV (“Firsty”) & TRAVELSTART ONLINE TRAVEL OPERATIONS (PTY) LTD (“TRAVELSTART”):

Last Updated: October 2024

Introduction

Firsty is in the business of providing eSim solutions and connectivity services. Travelstart is an online travel aggregator who in the ordinary course of its business offers travel-related services and other travel-related services, such as eSim services. Both Firsty and Travelstart (“the Service Providers”) now have contracted in good faith in order to work with one another in so far as the integration of First’s eSim Services into the travel-related service offering of Travelstart (“the Services”). For the sake of clarity, any reference in this Agreement to, “You” or “End User”, shall be reference to you, the Consumer making use of the Services provided herein. Furthermore, and by making use of the Services contained herein, you will be deemed to have read, understood and agreed to be bound by the terms and conditions contained herein in this Agreement. The Services contained herein so only be provided to persons over the age of 18 years, unless such person is assisted by a Competent Person.

1. Terms & Conditions:
These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between You, Firsty and Travelstart, concerning your access to and use of our mobile application (the “Application”). By accessing the Services, referred to above, you confirm the following:
1. That access to the Mobile Sim (eSim Service) will only be provided to End Users who have subscribed to Travelstart+ (the mobile application-only product downloadable from the app store) (hereinafter referred to as Travelstart+ Users)
2. Due to the fact that the Travelstart+ application is a paid for services, and as such Travelstart+ Subscribers will receive additional and/or higher value benefits when compared to bookings made by Travelstart users (i.e. users who have accessed the Services through the websites referred to above). At all times, by accessing the Services through Travelstart+ the End User is aware that such use (will in addition to the terms and conditions contained herein) will be subject to the terms of use and privacy policy applicable to Travelstart+ and/or Travelstart website terms and conditions.
   
   1. Travelstart+ terms and conditions: Travelstart+ Terms and Conditions
   2. Travelstart website terms of use: Travelstart Website terms of Use
   3. Travelstart Privacy Policy: Travelstart Privacy Policy
   
   For the sake of clarity, any conflict between the terms and conditions contained herein in this document and those referred to above, shall result in the terms and conditions attached above prevailing to the extent of such conflict. The terms and conditions, referred to in sub-clause (i), (ii) and (iii) shall be incorporated into these terms and conditions by reference thereto. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE NOT ALLOWED TO USE THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY. Both Firsty and Travelstart reserve the right, in their sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. In the event of this occurring, either Travelstart or Firsty will alert End Users duly about any changes by updating the “Last updated” date of these Terms and Conditions by any means we deem appropriate. For the avoidance of doubt, upon updating the Last updated date by either of Travelstart or Firsty shall result in the amended terms and conditions becoming operational from the updated date recorded as, “Last updated” date.
2. Terms of service:
1. Registration:
1. The End User may register for the Service in one of the following ways (further detail provided below in clause 2b): By downloading and logging into the Travelstart+ Application from your App Store; Or Once you have accessed the above, you will be prompted to click on a Firsty link in order to download the Firsty App. Once the Firsty App has been downloaded, you will gain access to the eSim product.
2. In order to access and download the Firsty App, the End User must: Have access to an unlocked eSim-compatible device, without this you will not be able to access the Services. The End User must provide his or her informed consent to Travelstart and Firsty when providing the following information: Last name, and verifiable email address or phone number to register (“Personal Information”). Where the informed consent of the End User has not been obtained, the End Users understands that in this case, no Services will be provided to such End Users.
3. By making use of the Servies, the End User will be deemed to have read, understood and agreed to comply with the General Terms and Conditions and the Privacy Policy, referred to herein and in order to register for the Service.
2. Purchase and Activation by Travelstart+ members:
1. Travelstart+ Members. To implement the Service, the End User must first download Travelstart+ Application and paid for the subscription in accordance with the Travelstart+ terms and conditions. Once the End User has logged into Travelstart+ and downloaded the Firsty app (in accordance with clause 2.1), such Travelstart+ member will be entitled to: Up to 10 days of access to mobile data when travelling as part of the initial pilot phase;
   Thereafter, all Travelstart+ members will be eligible for a further 10% top up discount on the retail price for subsequent purchasers of additional mobile date (over and above that mentioned above) purchased using the Travelstart+ application. The applicable 10% discount referred to above, will be applicable to the following eSim service Products (however this may vary depending on the country of use): 1 Euro per day for Firsty regular (local) Travelstart+ members; 2 Euro per day for Firsty Ultra (local) Travelstart+ members; 2 Euro per day for Firsty Regular (Global) Travelstart+ members; and 4 Euro per day for Firsty Ultra (Global) Travelstart+ members. The downloading of Travelstart+ as well as the Firsty app is free of charge and subsequent eSim product requires a stable internet connection. However in order to be classified as a Travelstart+ member, full payment of the subscription fee must have been made (payable in terms of the Travelstart+ terms and conditions). Failure to pay the annual Subscription Fee upfront will result in You being classified as a Travelstart user and not a Travelstart+ member.
2. Firsty may restrict the availability of Data Plans for some countries.
3. Duration and Termination
1. The Agreement shall commence immediately following a successful download of eSIM and activation of the Data Plan associated with the eSIM Services mentioned herein.
2. The duration of the Agreement will be as per the terms of the Data Plan chosen and will terminate immediately upon the expiry or the consumption of the Service by customer (whichever occurs first).
3. The downloaded eSIM shall continue to remain on customer’s device after the Agreement has terminated. Customers can choose to remove the eSIM in their phone settings at any time. Hence, by removing the eSIM from the device, you will not automatically terminate your Data Plan nor the Agreement.
4. Upon termination in accordance with clause 2.3.2., if customers do not delete the eSIM immediately from their device upon consumption or expiry of the Data Plan, the eSIM shall be provided to you on an “as is” basis without a warranty of any kind. Neither Firsty nor Travelstart shall have any liability to the End User for such eSIM until such time that that You top up your eSim services, at which point these Terms and Conditions shall apply.
5. Either Firsty or Travelstart may suspend the any End User’s use of and/or access to the Service or terminate the Agreement in case of breach of End User Obligations mentioned below, with or without any notice. Firsty reserves the rights close the account(s) of any End User and to request proper payment if the End User attempts to use Firsty 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.
4. Performance
1. The Service is provided on an “as is” and “as available” basis. Whilst Firsty and Travelstart agree to 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 of this reliance on technology and networks provided by its third-party partners, the End User acknowledges and accepts that both Firsty and Travelstart when rendering any services contemplated in these terms and conditions is dependent for the delivery of such Services on the correct operation of the network of third parties, of which Firsty is neither the owner nor the licensee. In light of the above, Travelstart and Firsty shall therefore not be liable for any damage resulting from complete or partial, intentional or unintentional, failure, malfunction and/or maintenance, improvement and/or extension of the network.
2. When providing Travel Related Services, booked through the processes mentioned herein, Travelstart provides such services acting itself or acting on behalf of Principles engaged or associated with the travel and/or accommodation industries. In this case, Travelstart represents these Principals as agents AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits and/or consequential or indirect damages), injury, illness harm or death (except if such loss of damage is incurred as a direct result of the gross negligence or wilful conduct of Travelstart or any person controlled by Travelstart.)
3. The maintenance or development of the Service may require either Firsty or Travelstart to restrict or temporarily suspend the Service. In that case, the above-mentioned Parties will make maximum use of the Service’s planned works window; limit the period of restriction or suspension to the time needed for the applicable interventions.
4. Firsty reserves the right to take, on its own initiative, the measures required in case the integrity of its services and the proper functioning of its network or infrastructure are Compromised.
5. End User Obligations
1. the End User agrees to use the Service in compliance with these Terms and Conditions and to be responsible for all use of the Services, whether this is carried out as a Travelstart+ member or a Travelstart User.
2. End User agrees to submit true, accurate, and complete Personal Information when registering for the services, and to keep such information save, in the event of any change to such Personal Information, it shall be a further obligation on the End User to provide such updated Personal Information to the Parties for the purpose of this Agreement.
3. End User shall be obliged to take all reasonably necessary precautions to safeguard the confidentiality of all identifiers such as PINs, passwords and others (hereinafter "Identifiers") transmitted by either First or Travelstart to the End User when making use of the Servies. End User is responsible for any misuse or abuse resulting from the voluntary, accidental or unintentional disclosure of these Identifiers.
4. End User 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 End User is present.
5. End User agrees that the Service shall be used for personal consumption only.
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.
7. End User 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. Firsty, in its sole discretion, reserves the right to disqualify the End User from the Program and future use of our Services.
8. End User agrees that either Firsty or Travelstart may suspend the Service in case of breach of the above obligations, and that the End User 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. Both Travelstart and Firsty reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
3. Payment Terms:
1. The End User may register and obtain access to the eSim Service using either Firsty landing page or through the use of Travelstart+ and through the Travelstart website.
2. All Data Plans are prepaid (in EUR) and all prices include indirect taxes, which will be shown separately on the Invoice or payment invitation in the form of a statement that does not constitute an invoice for tax purposes.
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 the Data Plan.
4. Right to withdraw:
1. Shall at all times be subject to the applicable terms and conditions contained herein or through the Travelstart+ application and/or the Travelstart website.
5. Governing Law and Legal Compliance:
1. These terms and conditions and any further obligation arising out of or in connection with it, will be governed by and construed in accordance with the laws of the Republic of South Africa and any dispute shall be dealt in the courts of the Western Cape, unless a special compulsory law stipulates a different jurisdiction.
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 (as mentioned above).
6. Intellectual Property Rights:
1. ll intellectual property rights relating to either Firsty or Travelstart and the applicable Services provided herein (including all documents prepared by as part of the Agreement), as well as 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”) shall remain the exclusive property of Firsty and/or Travelstart. End Users cannot claim any rights to this intellectual property and do not acquire any rights other than those expressly provided for in these Terms and Conditions.
2. We grant End Usera revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by customer, and to access and use the Application on such devices strictly in accordance with the terms of these terms and conditions. The End User shall not: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application or any services aspect forming part thereof; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Application; violate any applicable laws, rules, or regulations in connection with your access or use of the Application; remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Application; use the Application or services for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; make the Application or services available over a network or other environmental permitting access or use by multiple devices or users at the same time; use the Application or services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; use the Application or services to send automated queries to any website or to send any unsolicited commercial e-mail; or use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application or services.
3. Any infringement on the intellectual property rights of Firsty or its third-party suppliers may lead to civil and criminal prosecution.
4. End User agrees to indemnify both Travelstart and Firsty against any claim allegedly brought based on an alleged infringement of any intellectual property right.
7. Privacy Policy:

Both Travelstart and Firsty take its customers’ privacy seriously. Personal data is processed in accordance with both the Firsty and Travelstart Privacy Policy (referred to above). The Privacy Policy can be consulted at all times throughout this Agreement using the link provided above.

8. Third-party Websites and Content:
1. The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions will then no longer govern. Any purchases you make through Third-Party Websites will be subject to its applicable terms and conditions and from other companies, Neither Travelstart nor Firsty will be liable for any loss and as such they take no responsibility whatsoever in relation to such purchases which are exclusively between End User and the applicable third party.
9. Liability:
1. Neither Travelstart nor Firsty will be liable for any delays or shortcomings in the provision of the Services whenever these are the result of events or circumstances that are beyond its control, unpredictable or unavoidable, such as acts of war, riots, disturbances, civil unrest, actions of civil or military authorities, embargoes, explosions, strikes or labour conflicts (including those involving its employees), declared by the world health organisation pandemics and epidemics, cable cuts, power blackouts (including those blackouts arising from the application of a power cut plan drawn up by the authorities), flooding, prolonged frost, fires or storms.
2. Indemnity
1. The End User agrees to indemnify and keep indemnified Firsty and Travelstart, and its partners, employees, and service providers against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of : a breach by you of these Terms and Conditions; and/or any other matter arising out of or in connection with any use you may make of the Service otherwise than in accordance with these Terms and Conditions.
10. General:
1. Firsty and Travelstart may assign, transfer or subrogate to any company of its group the rights and obligations arising from this Agreement without the express consent and authorization of the customer.
2. The nullity, impracticability or unenforceability of one clause of these General Terms and Conditions shall not affect the validity, practicability or enforceability of the other provisions of these General Terms and Conditions, except where the Agreement’s existence should be threatened by the absence of such unlawful provision.
11. Contact Information:
• Promoter: Travelstart Online Travel Operations (Pty) Ltd
• Registration number: 2004/016841/07
• Physical address: Darter Studios, Longkloof, Darters Road, Gardens, Cape Town
• Date: 6 September 2024 - 20 September 2024