Terms of Service

Introduction

If you read this, it means you are equipped with an eSIM from eTravelSim, giving you access to mobile data and voice services in various countries (“Services”). The SIM card and the Services are provided by partner networks (“Networks”) under the present Terms & Conditions (‘T&C’s). The Services may be embedded into different kind of device, including (without limitation): a connected car, laptop, tablet or an equivalent device from an authorized Original Equipment Manufacturer (“OEM”).

Contact

For further information, please contact the customer service (“Customer Service”) at support@etravelsim.com

Definitions and Framework

The “Service” is available for purchase exclusively using the eTravelSim sales channel on an authorized device. The Service may not be available in all areas and on all devices and is subject to these T&C’s.

These T&C’s, including the provisions regarding the personal data protection referenced herein (collectively, the “Agreement”), set forth the T&C’s that apply to your use of the Service. “Customer”, “You” and “your” mean the customer of the Service defined above, and “eTravelSim”, “we”, “our”, and “us” include partner network and any of its affiliates involved in providing You with the Service.  Your enrolment in, use of or payment for the Service, confirms your unconditional acceptance and agreement to the T&C’s set forth in this Agreement available on eTravelSim.com. If You do not agree to be bound by this Agreement, You may not use the Service.

This Agreement may change. We may modify or amend this Agreement from time to time.  Unless otherwise provided in this Agreement, all such modifications or amendments shall be effective immediately upon posting on eTravelSim.com (the “Website”). Where we make a significant change to this Agreement, we will endeavor to separately notify You about this change. YOUR CONTINUED USE OF THE SERVICE AFTER THE POSTING ON THE WEBSITE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR AMENDMENTS.

By purchasing the Service, You agree that You are authorized to use the Service and are responsible for paying for the Service per these T&C’s.

The Service consists in providing prepaid cellular Data and Voice Plans (allowance of voice and data valid for a certain duration) to enable connecting your device to the Internet (the “Tariff Plans”).

The countries in which You can use the Tariff Plans are listed where You browse through available offers. Available offers may change from time to time and may depend on the country You are currently in.

To support the Service, eTravelSim has entered into agreements with various cellular carriers (mobile operators) around the world to access their cellular networks (collectively referred to as the “Mobile Network”).

License

Subject to the conditions of this Agreement, we grant You a revocable, non-exclusive, non-sub-licensable, license to use the Service that is not transferable for use on another device, subject to the terms of and for the duration of this Agreement.

Agreement

This Agreement will commence, and a binding contract will exist between eTrevelSim and the Customer when the Customer starts using the Service. It will continue until terminated as set forth herein.

The Service is sold exclusively on a prepaid basis.

All services, including any related offers and promotions may be subject to specific additional T&C’s. Please check our Website regularly as these T&C’s are updated from time to time.

You will remain responsible to us under this Agreement for the actions of any other person You allow to use the Services on your account.

Our obligations

eTravelSim will provide the Service in accordance with the Agreement, and as per the applicable Tariff Plan description, and from the date the Customer starts using the Service or purchases such Tariff Plan.

We will try to make sure that the Service is available to You wherever possible; however both availability and quality of the Service may be affected by things we cannot control such as physical obstructions, atmospheric conditions and outages on the Mobile Network (the infrastructure, software and hardware enabling a cellular carrier / mobile operator to support wireless internet services offered to subscribers) where such outages and their remedies are not within our control.  We or our mobile operator partners (any company operating a mobile internet network, which owns or controls all the elements necessary to sell and deliver mobile internet services) may from time to time need to carry out upgrade or maintenance work on the Mobile Network which may affect the availability and/or quality of the Service. We will endeavour to keep such disruption to a minimum, but this may not always be within our control.

We shall provide the Service with reasonable skill and care, and we shall use reasonable efforts to make the Service available to You. If You experience problems with our Service or suspect fraudulent activity on your account, please contact the Customer Service immediately.

We may from time to time and without notice, change the Service in order to comply with safety, regulatory, statutory and other requirements. We will try to ensure that this does not materially affect the scope of the Service.

Your obligations

You must use the Service in accordance with this Agreement and any other reasonable instructions we or the Customer Service give You from time to time. In particular, You are not authorized to use the eSIM in any other device than the device it was delivered with or supposed to be used with. It is also clarified that the eSIM remains the property of eTravelSim and/or its chosen partners.

You must disclose your country of residence to us when You open your Account.

You must also provide us with a copy of your ID (national ID card or passport) before You first begin to use the services or at the latest within fifteen (15) days from the date You start using the Service. If not we reserve the right to suspend immediately the services.

The eSIM does not have a PIN code by default. YOU ARE SOLELY RESPONSIBLE FOR CONTROLLING THE ACCESS TO YOUR SIM, AND YOU AGREE TO PAY FOR THE SERVICE WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. WE SHALL NOT BE HELD RESPONSIBLE FOR FRAUDULENT USE OF YOUR eSIM.  If You believe that your SIM card is being used in an unauthorized manner, You must contact the Customer Service immediately so that the appropriate modifications can be made to your account.

The eSIM is attributed to the first device owner. The first device owner remains liable for its use at any time unless eTravelSim has received a proof of the change of the device’s ownership.

The Service is intended to be used for web browsing, email, uploading and downloading applications, receive or make calls and content to and from the Internet or third-party applications, and using applications and content without excessively contributing to network congestion.

You will not use the Service for any unlawful, abusive or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with our ability to provide Service to You or other customers; (2) abuses any bonus or promotional program; or (3) avoids your obligation to pay for the Service. You will not use the Service in a way that compromises network security or capacity, excessively and disproportionately contributes to network congestion, adversely impacts network service levels or legitimate data flows, degrades network performance, causes harm to the network or other customers.

You will not take any action that would, in eTravelSim’s sole determination, interfere with the Service or other eTravelSim customers, infringe the rights of any third party, or otherwise constitute objectionable conduct. If we have reasons to believe that You or someone else using your eSIM is abusing the Service or otherwise breaching this Agreement, we may immediately suspend, restrict, or cancel your SIM and your ability to use the Service without notice. In addition, we reserve the right, at our sole discretion and for any reason, to (a) suspend, restrict, modify or terminate your SIM and your access to and use of the Service and/or (b) refuse to allow You to buy any new Tariff Plans. You are responsible for all charges incurred on your account whether or not they are incurred by You personally except those incurred after You have notified the Customer Service of the loss or theft of your SIM card, and the Customer Service has acknowledged it in writing.

Eligibility

If You are under 18 years old, your parent or legal guardian must also read and agree to be bound by these T&C’s. You agree that You are responsible for paying the charges to use the Service, or if You are under 18, that You have permission to use the Service from the adult responsible for paying the charges.

You acknowledge that eTravelSim may immediately suspend certain services in order to comply with applicable laws. You are solely responsible for the content You transmit via the Service. We will not be responsible for any content sent or received by You.

You are responsible for updating the Customer Service as soon as reasonably possible of any changes to your contact details.

Charges

In order to use the Service You must have a valid Tariff Plan. For a Tariff Plan to be valid, it needs to be neither exhausted nor expired and it needs to be valid in the country You are currently in. You can check whether You have a valid Tariff Plan via the support@eTravelSim.com. When You are using the Service and your Tariff Plan runs out (i.e. exhausted or expired), the access to Internet or voice will be automatically suspended.

Your Tariff Plan will be debited per your usage of the Service (consuming your data and voice allowance).

Tariff Plan allowances may only be used for our Service on your Device, and You will not be entitled to receive any cash refund for any remaining credit or allowance unless expressly stated otherwise in this Agreement. Credits and allowances are not transferable, and no interest will be payable on credit balances or allowances.

Taxes and Other Charges

You must pay all taxes, fees, surcharges and other charges that we bill You for the Service, unless You can show documentation satisfactory to us that You are exempt. We will not provide advance notice of changes to taxes, fees, surcharges and other charges, except as required by applicable law.

When may we suspend or disconnect your Service

We may, without liability to You, suspend or disconnect the Service and/or your eSIM, without notice:

a) If we are entitled to terminate this Agreement due to your failure to comply with this Agreement but elect to provide You with an opportunity to remedy such failure whenever reasonably practicable

b) If we are required to do so by the Government and/or emergency service organization or any other competent body or lawful authority

c) For repairs or maintenance, or for operational or security reasons

d) In circumstances where we observe fraudulent or unusual use of your eSIM or one or more service (e.g. abnormally high usage patterns)

e) If we have a good reason to suspect a breach by You of this Agreement

f) If eTravelSim or its partners become aware that your SIM card has been stolen/lost/damaged or destroyed

g) If your eSIM or device is interfering with the normal operation of the network or if your account is in arrears

h) If You do not use the Services in compliance with applicable laws and regulations

i) If You have continually not used the Service since You acquired the eSIM and/or if You have not recharged your account after your credit has expired for an extended period of time

j) If You use the eSIM in a device other than the device in which it was delivered

k) If You did not use the SIM card after eighteen (6) months

l) In case You have purchased a connected vehicle, if You did not use the eSIM after the term of such vehicle warranty

If we suspend or disconnect your Service we will give You the opportunity to restart the Service during a period of 3 months after the Service has been suspended, provided You comply with the requirements.

Internet access

We do not make any warranty as to the accuracy, completeness, reliability or continuous supply of the content or information contained on any third-party sites or resources accessed via the Service.

We will not be responsible for any harm You suffer from any virus that gains access to your equipment, whether transmitted via the Service or otherwise. It is your responsibility to protect your equipment with suitable anti-virus software.

Indemnity

You agree, at your sole cost and expense, to fully defend, indemnify and hold harmless eTravelSIm, its affiliates, subsidiaries, shareholders, directors, officers, employees, and agents from and against any and all claims, causes of action, actions, judgments, liabilities and/or damages (including without limitation reasonable expenses and reasonable attorney’s fees) arising out of or in connection with (i) your use of the Service, (ii) your Account (including the use of your Account by a third party) and (iii) this Agreement.

Limitation of Liability

EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR YOUR ACTUAL USE OF THE SERVICE DURING THE PRIOR ONE-MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE).

Maximum Liability

To the fullest extent permitted by applicable law, eTravelSim's aggregate liability, and the aggregate liability of its Networks, OEMs, and any other affiliated parties, arising out of or related to these T&C's, the Services, or the eSIM, whether in contract, tort (including negligence), breach of warranty, or any other legal theory, shall not exceed the total amount paid by the customer for the Services during the twelve (12) month period immediately preceding the event giving rise to such liability.

eTravelSim, its Networks, OEMs, and any other affiliated parties shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to, loss of profits, data, goodwill, or business opportunities, even if such parties have been advised of the possibility of such damages. This limitation of liability shall apply regardless of the failure of the essential purpose of any limited remedy provided herein.

By using the Services, you acknowledge and agree that the limitations of liability set forth in this clause represent a reasonable and fair allocation of risk and are a fundamental element of the basis of the bargain between eTravelSim and you. The Services and eSIM are provided on this basis, and eTravelSim would not be able to offer the Services or eSIM without such limitations.

No Warranties

WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT AND ON THIS WEBSITE. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BECAUSE THE SERVICE IS PROVIDED IN PART OVER NETWORKS OUTSIDE OF OUR CONTROL, THEY ARE SUBJECT TO OUTAGES, DISRUPTIONS AND INTERCEPTION, AND THAT WE HAVE NO LIABILITY FOR ANY SUCH OUTAGES, DISRUPTIONS OR INTERCEPTIONS.

Assignment

We may assign all or part of our rights and duties under this Agreement to any party at any time without notice to You. If we do that, we will have no further obligation to You in connection with such assigned duty. You may not assign your rights and duties under this Agreement without our prior written permission.

Force Majeure

eTravelSim shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God or other similar causes beyond our control

Governing Law

If You are a retailer, this Agreement shall be exclusively governed by and construed in accordance with the laws of Singapore. You agree, in the event any claim or suit is brought in connection with this Agreement, to the exclusive jurisdiction and venue of the courts of Singapore. In any action to enforce this Agreement, including, without limitation, any action by eTravelSim for the recovery of fees due hereunder, You shall pay eTravelSim reasonable attorney’s fees and costs in connection with such action. You acknowledge and agree that this governing law provision applies no matter where You reside, or where You use or pay for the Service.

Unless provided otherwise in relevant legislation, if You are a consumer, You are also subject to exclusive jurisdiction of the courts of Singapore.