Terms of Use - ESIM
- Introduction These Terms of Use ("Terms") govern your use of the electronic SIM card ("ESIM") and related services provided by Chargewave Data Services Pty Ltd (ABN 70 134 373 836), a company incorporated in Victoria, Australia, trading as ESIM Store ("we", "us", or "our"). By purchasing, activating, or using our ESIM, you agree to be bound by these Terms, as well as our Website Terms and Conditions, Privacy Policy, and any other applicable terms or policies. If you do not agree with these Terms, you must not use our ESIM or related services.
- ESIM Compatibility and Activation Our ESIM is compatible with specific devices that support the ESIM technology. It is your responsibility to ensure that your device is compatible with our ESIM before purchasing and activating it. To activate the ESIM, you must follow the instructions provided with the ESIM or on our website. Activation requires a stable internet connection, and we are not responsible for any delays or failures in the activation process due to connectivity issues or device incompatibility.
- ESIM Plans and Services We offer various ESIM plans, including local, regional, and global plans, with different features and allowances, such as data, voice, and messaging. You must select a plan that suits your needs and ensure that you have sufficient allowances for your intended usage. We reserve the right to modify, suspend, or discontinue any ESIM plan or service at any time without prior notice.
- Usage Restrictions and Fair Usage Policy You must use our ESIM and related services in compliance with all applicable laws and regulations, as well as these Terms. You must not use the ESIM or related services for any fraudulent, criminal, or unauthorized activities, including but not limited to hacking, phishing, spamming, or intellectual property infringement. We reserve the right to monitor your usage and enforce a fair usage policy to prevent excessive or abusive use of our services. We may, at our sole discretion, suspend or terminate your ESIM or related services if we believe that you have violated these usage restrictions or engaged in any unlawful or harmful activities.
- Billing and Payments You are responsible for paying all fees and charges associated with your ESIM plan and related services, including any applicable taxes, surcharges, or additional fees for plan modifications, top-ups, or add-ons. We may offer various payment methods for your convenience, and you must ensure that your payment information is accurate and up-to-date. Failure to pay any outstanding fees or charges may result in the suspension or termination of your ESIM or related services.
- Refund Policy Due to the nature of our ESIM and related services, we generally do not offer refunds or exchanges once the ESIM has been activated or the related services have been used. However, if you encounter any issues with your ESIM or related services that are within our control and cannot be resolved through our customer support, we may, at our sole discretion, offer a refund, exchange, or credit on a case-by-case basis.
- Support and Customer Service For any questions, issues, or concerns related to your ESIM or related services, you can contact our customer support team through the contact methods provided on our website. We will make reasonable efforts to assist you and resolve any problems you may encounter. However, we are not responsible for any issues outside of our control, such as network coverage limitations, device incompatibility, or third-party service interruptions. Additionally, we reserve the right to charge a reasonable fee for customer support services in certain circumstances, such as for excessive or unreasonable support requests.
- Third-Party Services and Roaming Partners We rely on third-party service providers and roaming partners to deliver the ESIM services to you. You acknowledge that the quality, coverage, and availability of these services may vary depending on the roaming partner and your location. While we endeavor to partner with reputable and reliable service providers, we cannot guarantee their performance, and we are not responsible for any issues or limitations caused by these third-party service providers or roaming partners. In the event of a dispute or disagreement with a third-party service provider or roaming partner, you agree to resolve the matter directly with the third party, and you shall not hold us responsible for any losses or damages that may result from your interactions with such third parties.
- Intellectual Property All intellectual property rights associated with the ESIM and related services, including but not limited to trademarks, logos, and copyrighted materials, are the property of Chargewave Data Services Pty Ltd or their respective owners. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the ESIM or related services without the express written permission of Chargewave Data Services Pty Ltd or the respective intellectual property owner. Additionally, you acknowledge that any unauthorized use of the intellectual property may result in substantial damages and that in the event of any such unauthorized use, Chargewave Data Services Pty Ltd and/or the respective intellectual property owner shall have the right to seek an injunction, in addition to any other remedies available at law or in equity.
- Data Privacy By using the ESIM and related services, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. You acknowledge that certain information, such as your device's unique identifier and usage data, may be collected by Chargewave Data Services Pty Ltd and its third-party service providers for the purpose of providing and improving the ESIM services. Furthermore, you agree that Chargewave Data Services Pty Ltd may share your personal information with third-party service providers and roaming partners as necessary to provide the ESIM services, and that these third parties may be located in countries with different data protection laws than those applicable in Australia. By using the ESIM and related services, you consent to the transfer of your personal information to such countries.
- Marketing and Third-Party Communications By using the ESIM and related services, you agree to automatically opt-in to receive marketing and promotional communications from us and our third-party partners and providers. These communications may be in various forms, such as SMS, email, or other electronic means. You may opt-out of receiving such communications at any time by following the instructions provided in each communication or by contacting our customer support.
- No Warranty The ESIM and related services are provided "as is" without any warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the ESIM or related services will be error-free, uninterrupted, or meet your specific requirements.
- Limitation of Liability To the maximum extent permitted by law, Chargewave Data Services Pty Ltd, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the ESIM or related services, even if we have been advised of the possibility of such damages.
- Governing Law and Jurisdiction These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You agree that any legal action, suit, or proceeding arising out of or relating to these Terms, our ESIM, or our related services shall be brought exclusively in the courts of Victoria, Australia. You hereby waive any objection to the jurisdiction and venue of such courts and consent to personal jurisdiction in such courts.
- Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms, which shall remain in full force and effect. The parties hereto agree to negotiate in good faith to replace any such invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the original intent and purpose of the invalid, illegal, or unenforceable provision.
- No Waiver No waiver by Chargewave Data Services Pty Ltd of any term or condition set forth in these Terms 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 shall not constitute a waiver of such right or provision.
- Modifications We reserve the right to amend or update these Terms at any time and for any reason, with or without notice to you. Any such changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the ESIM or related services following the posting of any changes to these Terms constitutes your acceptance of such changes.
- Entire Agreement These Terms, together with our Website Terms and Conditions, Privacy Policy, and any other applicable terms or policies, constitute the entire agreement between you and Chargewave Data Services Pty Ltd with respect to your use of the ESIM and related services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
- Contact Information If you have any questions or concerns regarding these Terms, our ESIM, or related services, please contact us using the contact information provided on our website, www.esimstore.com.au.