General Terms and Conditions

These Terms and Conditions ("Terms") govern your use of the ESIM Store website ("Website"), available at www.esimstore.com.au, operated by Chargewave Data Services Pty Ltd (ABN 70 134 373 836), and the purchase and use of ESIM Store products and services ("Services"). By accessing our Website and purchasing our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Website or purchase our Services.

Chargewave Data Services Pty Ltd, a company incorporated in Melbourne, Australia, owns and operates the ESIM Store. The purpose of these Terms is to establish a clear understanding between Chargewave Data Services Pty Ltd, doing business as ESIM Store, and its customers regarding the rules and expectations that govern the relationship between the parties. This document sets forth the obligations and responsibilities of both parties, as well as the legal framework within which the Services are provided.

These Terms also apply to any affiliate websites or third-party platforms that link to our Website or sell ESIM Store products and services on our behalf. Affiliates and third-party platforms may earn commissions based on their agreement with Chargewave Data Services Pty Ltd.

By using our Website and Services, you acknowledge that you have read and understood our Privacy Policy, which explains how we collect, use, and protect your personal information. Our Privacy Policy is incorporated into these Terms by reference.

In these Terms, "we", "us", and "our" refer to Chargewave Data Services Pty Ltd, doing business as ESIM Store, while "you" and "your" refer to the user of our Website, affiliate websites, third-party platforms, or purchaser of our Services. "ESIM" refers to the embedded SIM technology provided through our Services. "Affiliates" refer to any third-party websites, platforms, or individuals that partner with us to promote or sell our products and services and may earn commissions based on their agreement with us.

To use our Website and purchase our Services, you must be at least 18 years old and able to enter into legally binding contracts. You warrant that all information you provide is true, accurate, and complete and that you have the legal authority to enter into these Terms. By using the Website or purchasing our Services, you represent and warrant that you meet the eligibility requirements and that you have not been previously suspended or removed from our Website, affiliate websites, or Services.

Furthermore, you agree to comply with all applicable laws, regulations, and ordinances related to your use of the Website and Services, including those pertaining to data privacy, telecommunications, and export control.

You may need to register an account with ESIM Store to access certain features and services on our Website or affiliate websites. By creating an account, you agree to provide accurate, current, and complete information and maintain the accuracy and completeness of this information. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to notify ESIM Store immediately of any unauthorized use of your account or any breach of security.

Account registration requires you to provide personal information, such as your name, email address, and other contact details. It is your responsibility to ensure that the information you provide during registration is accurate and up-to-date. Inaccurate or outdated information may result in the suspension or termination of your account.

You are also responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your account credentials with anyone else and to take all necessary precautions to prevent unauthorized access to your account. If you suspect any unauthorized access or use of your account, you must notify ESIM Store immediately. You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities.

ESIM Store reserves the right to suspend or terminate your account at any time, at its sole discretion, for any reason, including but not limited to your breach of these Terms, provision of false or misleading information, or any other activity that we deem harmful to our Website, Services, or business reputation.

Affiliates and third-party platforms that promote or sell ESIM Store products and services may earn commissions based on their agreement with Chargewave Data Services Pty Ltd. Commissions are paid according to the specific terms and conditions outlined in the respective agreements between Chargewave Data Services Pty Ltd and the affiliates or third-party platforms.

Affiliates and third-party platforms are responsible for complying with all applicable laws and regulations related to their promotional and sales activities, including but not limited to consumer protection laws, data privacy regulations, and taxation requirements. Failure to comply with these laws and regulations may result in the termination of the affiliate or third-party platform's agreement with Chargewave Data Services Pty Ltd and the suspension or termination of any commissions earned.

Affiliates and third-party platforms must also comply with these Terms and our Privacy Policy when promoting or selling ESIM Store products and services. Any breach of these Terms or the Privacy Policy by an affiliate or third-party platform may result in the termination of their agreement with Chargewave Data Services Pty Ltd and the suspension or termination of any commissions earned.

Our Website, affiliate websites, and third-party platforms may contain links to other websites or resources owned and operated by third parties. These links are provided for your convenience and reference only. We do not control or endorse, and are not responsible for, the content, products, services, or practices of any third-party websites or resources.

By using our Website or Services, you acknowledge and agree that Chargewave Data Services Pty Ltd and its affiliates are not responsible or liable for any loss or damage resulting from your use of or reliance on any third-party websites or resources. It is your responsibility to review the terms and conditions and privacy policies of any third-party websites or resources before using them.

To the maximum extent permitted by law, Chargewave Data Services Pty Ltd, its affiliates, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website, Services, and your use thereof. We make no warranties or representations about the accuracy, reliability, or completeness of the content on our Website or the content of any websites linked to our Website, and assume no liability for any errors or omissions in the content or any loss or damage resulting from the use of any content.

In no event shall Chargewave Data Services Pty Ltd, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, resulting from your access to or use of our Website, Services, or any affiliated websites, any unauthorized access to or use of our secure servers, any interruption or cessation of transmission to or from our Website, any bugs, viruses, or other harmful components transmitted through or in connection with our Website or Services, or any errors or omissions in any content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Chargewave Data Services Pty Ltd has been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless Chargewave Data Services Pty Ltd, its affiliates, directors, employees, and agents from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including but not limited to reasonable legal and accounting fees, arising from or related to your use of the Website, Services, or any affiliated websites, your violation of these Terms, or your violation of any applicable laws, regulations, or third-party rights.

This limitation of liability and indemnification obligation shall apply to the fullest extent permitted by law and shall survive the termination of these Terms and your use of our Website and Services.

Chargewave Data Services Pty Ltd reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website and Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and Services and must stop using them immediately.

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall remain in full force and effect.

No waiver by Chargewave Data Services Pty Ltd of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Chargewave Data Services Pty Ltd to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Chargewave Data Services Pty Ltd regarding your use of the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

If you have any questions or concerns regarding these Terms and Conditions or our Services, please contact us at the contact information provided on our Website.

By using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy, as amended from time to time.

Neither party shall be held liable or responsible for any failure or delay in the performance of its obligations under these Terms and Conditions due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, epidemics or pandemics, labor disputes or strikes, changes in laws or regulations, failures or interruptions in telecommunications or data services, or any other event or circumstance beyond the party's reasonable control (a "Force Majeure Event"). In the event of a Force Majeure Event, the affected party shall promptly notify the other party and shall use its best efforts to mitigate the impact of the Force Majeure Event on its performance of its obligations under these Terms and Conditions.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or validity thereof (a "Dispute"), the parties shall first attempt to resolve the Dispute through good faith negotiations. If the parties are unable to resolve the Dispute within thirty (30) days after commencement of negotiations, either party may submit the Dispute to binding arbitration in Melbourne, Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).

The arbitration shall be conducted by a single arbitrator appointed in accordance with the ACICA Rules. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

You may not assign or transfer any of your rights or obligations under these Terms and Conditions, in whole or in part, without the prior written consent of Chargewave Data Services Pty Ltd. Chargewave Data Services Pty Ltd may assign or transfer its rights and obligations under these Terms and Conditions, in whole or in part, at any time without notice or your consent.

All notices, requests, consents, claims, demands, waivers, and other communications under these Terms and Conditions (each, a "Notice") shall be in writing and addressed to the parties at the addresses provided on our Website, or to such other address that may be designated by the receiving party in writing. Notices shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email (with confirmation of receipt), if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.

The relationship between Chargewave Data Services Pty Ltd and you is that of independent contractors. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

These Terms and Conditions are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions.

These Terms and Conditions have been prepared in English, and the English version shall prevail and be binding in case of any discrepancies between the English version and any translation hereof. Any translations of these Terms and Conditions are provided for convenience only and may not accurately represent the information contained in the English version.

The headings in these Terms and Conditions are for reference only and do not affect the interpretation of these Terms and Conditions.

By using our Website and Services, you consent to receiving electronic communications from us, including emails and notifications. These electronic communications may include notices about your account, updates to our Terms and Conditions, Privacy Policy, and other important information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

ESIM Store may have affiliate programs in place, allowing third-party websites, individuals, or platforms to promote our products and services and receive a commission for any sales made through their unique referral links. By participating in any affiliate program, the affiliate agrees to comply with all applicable laws, regulations, guidelines, as well as these Terms and Conditions.

Affiliates and third-party platforms are responsible for complying with all applicable laws and regulations related to their promotional and sales activities, including but not limited to consumer protection laws, data privacy regulations, and taxation requirements. They are also solely responsible for any taxes or fees associated with their participation in our affiliate program and for ensuring that their promotional activities do not violate any laws or regulations.

Affiliates and third-party platforms must also comply with these Terms and our Privacy Policy when promoting or selling ESIM Store products and services. Any breach of these Terms or the Privacy Policy by an affiliate or third-party platform may result in the termination of their agreement with Chargewave Data Services Pty Ltd and the suspension or termination of any commissions earned.

Chargewave Data Services Pty Ltd reserves the right, at its sole discretion, to terminate or suspend an affiliate's or third-party platform's participation in our affiliate program for any reason, including but not limited to non-compliance with these Terms and Conditions, fraudulent activities, or any other conduct that may harm the reputation or interests of Chargewave Data Services Pty Ltd or its customers.

Any feedback, suggestions, or ideas that you provide to us regarding our Website, Services, or products are entirely voluntary, and you agree that Chargewave Data Services Pty Ltd may use, disclose, reproduce, distribute, and exploit such feedback, suggestions, or ideas in any manner, without compensation or attribution to you.

You represent and warrant that your use of our Website and Services will comply with all applicable local, state, national, and international laws, rules, and regulations, including but not limited to those relating to data privacy, international communications, and the exportation of technical or personal data.

These Terms and Conditions, together with any documents or policies expressly incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, with respect to such subject matter. Any provision of these Terms and Conditions held to be invalid, illegal, or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity, illegality, or unenforceability without affecting the validity, legality, or enforceability of the remaining provisions.

If you have any questions or concerns regarding these Terms and Conditions, please contact us using the contact information provided on our Website.

By using our Website and Services, and by providing us with your personal information, you acknowledge and agree that you are automatically opting-in to receive marketing communications from Chargewave Data Services Pty Ltd and our third-party partners and providers. These marketing communications may include, but are not limited to, promotional offers, newsletters, product updates, and other information related to our products and services or those of our third-party partners and providers. Such marketing communications may be delivered via various methods, including email, SMS, phone calls, or any other form of communication deemed appropriate by Chargewave Data Services Pty Ltd.

You may opt-out of receiving these marketing communications at any time by following the unsubscribe instructions provided in the communication or by contacting us directly. Please note that even if you opt-out of receiving marketing communications, we may still send you important administrative messages, such as order confirmations, service updates, or other information necessary for the proper functioning of our Services, from which you cannot opt-out.

By opting-in to receive marketing communications, you represent and warrant that you have the necessary rights and authority to provide the contact information used for such communications and that you are not violating any applicable laws, regulations, or agreements by doing so. You further agree to indemnify, defend, and hold harmless Chargewave Data Services Pty Ltd and its third-party partners and providers from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with your receipt of, or response to, any marketing communications sent by us or our third-party partners and providers.