These Terms of Service (the "Agreement") set forth the terms and
conditions that apply to use of the informational and technical exchange
services (the “Services”) provided by Just eSIM Limited (the “Company”) by
means of Telegram bot #justesimbot and connected software products (the
“Product). Any other terms indicated in the Product or in communication
directed from the Company to the Customers constitute an integral part of this
Agreement.
The Company is not a telecommunications operator, and
all telecommunication services in the Product are provided by
telecommunication operators in each country where the Product is being used.
The Services allow the Customer to connect and utilize internet access
services, provided by internet access providers (the “Providers”). Company is
an independent contractor, and not an employee, agent, joint venturer or
partner of the Providers nor is Company authorized to incur any obligations or
make any representations on behalf of the Providers, except those provided
herein. The Company acts as an intermediary service provider between the
Customer and the Providers on a certain territory. The Company does not
initiate the data transmission; does not select the receiver of the
transmission; and does not select or modify the information contained in the
transmission.
Internet access is conducted within the volume of
purchased package and on the territory chosen in the Product. For the purpose
of this Agreement, a package described in gigabytes includes an integral
amount of megabytes of data (1Gb=1000Mb).
Access to the Services is
provided after payment and providing information about the name and address of
the Customer.
Depending on the type of Provider’s services, the
Company may not be entitled to terminate such services or accept any claims in
respect of such services.
The Company is continuously developing
and changing the Product, and therefore its functions may be added, removed or
modified at the Company’s discretion without consent or notification from the
Customers. The Customers are not entitled to any compensation due to such
changes of Product features or their price.
Each Provider has
observed registration obligations, as stated in its national law, in a country
where the Providers are offering the Services to the Customers, and the
Providers hold all licenses, certificates, permits and approvals necessary for
the conduct of their business and the performance of its obligations towards
the Customers during the term of this Agreement. The Company makes no
warranties in that respect.
The Customer’s payment for the Services
confirms the Customer’s unconditional acceptance and agreement to the terms
and conditions set forth in this Agreement. If the Customer does not agree to
be bound by this Agreement, such Customer cannot use the Services. The Company
may modify or amend this Agreement from time to time without any further
notice which shall be effective immediately upon posting in the Product.
THE CUSTOMER’S CONTINUED USE OF THE CUSTOMER’S ACCOUNT AND/OR THE SERVICES
FOLLOWING THE POSTING OF ANY SUCH MODIFICATIONS OR AMENDMENTS WILL BE
CONCLUSIVELY DEEMED TO BE ACCEPTED BY THE CUSTOMER.
Fees paid for the Services may be returned in case of absence of connection of
eSIM to the network during 24 hours after Customer’s request to technical
support by email or in technical support chat. The given period shall be
suspended in case of absence of Customer’s reaction to the message of
technical support staff or failure to follow instructions of technical support
staff by the Customer. The given period shall be decreased to 12 hours in case
of absence of any reaction from technical support staff. In such cases the
Customer shall provide a notice to the Company via
[email protected]. Within 72 hours of
the notice the Company shall send a return confirmation. In case of Customer’s
confirmation by email the Company shall return the remaining balance and shall
block the eSIM.
If the Customer did not install eSIM to his or her
device, the Customer may request refund of the fees paid for the Services. In
such case the Customer shall provide a notice to the Company via
[email protected]. Within 72 hours of
the notice the Company shall send a return confirmation. In case of Customer’s
confirmation by email the Company shall return the remaining balance and shall
block the eSIM.
Claims on return of the paid amounts may be filed
within 14 days after payment. The Customer is entitled to refund only the
payments made within the previous 14 days.
All refunds are
transferred to payment methods used for initial payment. Additional request is
required to change the payment details for refund.
1.1. A user of the Services (the “Customer”) may request provision and
activation of eSIM required for using the Services from the Company or from
the Company’s partners and resellers. The provision of the Services is subject
to terms indicated in (the Product) and subject to a fee.
1.2. The
Customer may open an account available through the Product which contains the
Customer’s balance (the “Account”) by registering a SIM card and providing
necessary registration data.
1.3. The Customer acknowledges and
agrees that the information provided to the Company and any subsequent changes
thereof shall be complete, correct and true, and the Customer shall notify the
Company of any change to such information.
1.4. The Services may be
suspended according to applicable law in case of invalid identification data.
1.5. The Services shall not be provided to the Customers younger than
18 years old.
2.1. The Company grants the Customer a personal, revocable, non-exclusive,
non-sublicensable, and non-transferable license to use the Product subject to
the terms of and for the duration of this Agreement.
2.2. The
Company is not responsible for holding all licenses, certificates, permits and
approvals necessary for provision of the Services by the Providers, and for
validity of such of approvals in full force and effect.
3.1. If the eSIM used by the Customer to access the Services is being used to
access the Customer’s Account or the Services without his or her permission,
the Customer is required to notify the Company immediately. The Customer is
responsible for all charges to the Customer’s Account until the Customer
notifies the Company of such circumstances.
3.2. The Customer
agrees to pay for the Services charged to the Account. The Company shall not
be held responsible for fraudulent charges that result from theft or
fraudulent use of the Customer’s means of payment (credit/debit/charge card,
etc.). The Customer agrees and acknowledges that he or she is wholly
responsible for the safety and security of the device through which the
Customer receives the Services and the Customer agrees that the Company is not
liable for unauthorized use of the Services through the Customer’s device. The
Company shall not be responsible for any damage caused to or losses incurred
by the Customer in case a third party obtains an access to the Customer’s
Account information or other personal information.
3.3. The Company
may suspend any transaction or current balance of the Customer in the Account
if the Customer’s activity is suspected with fraud or unauthorized use.
4.1. The Customer may send any questions, concerns or complaints about the
Services to
[email protected] or via any other contact
indicated in the Product.
4.2. Improper performance of the Services
or the Product may be reported to the Company, and the Company shall provide
reasonable efforts to fix such malfunction as far as such malfunction is a
result of errors contained in the Services or the Product. Correction of
malfunction may be provided in the form of a temporary fix consisting of
instructions for the Customer to implement the correction of malfunction.
4.3. Company’s sole liability and Customer’s sole remedy for any
failure of the Company to provide technical support is (a) for the Company to
use commercially reasonable efforts to fix or resolve material malfunction, or
(b) for the Customer to terminate this Agreement.
4.4. The Company
is not liable for and is not required to perform technical support with
respect to problems caused by third party products.
4.5. The
foregoing technical support terms are exclusive and are in lieu of all other
warranties and guarantees whether written, oral, implied or statutory. NO
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL
APPLY. In no event shall the Company be liable for loss of profits or
revenues, loss of use of products or services, interruption of business, cost
of capital, or for any special, consequential or incidental damages.
5.1. The rates and charges for the Services are indicated in the Product. The
rates may be increased by the amount of applicable value-added tax based on
the Customer country of residency and/or billing address, including (but not
limited to) if the Customer will use the Services in the territory where
provision of the Services is subject to value-added tax according to
applicable law. The Customer is responsible for checking the applicable rate
before using the Services. If the Services are offered free of charge, the
amount of Services provided in such manner may be limited.
5.2. The
Customer may deposit funds on its Account using the payment methods and
currencies available with the Product. Payment service providers may apply
their own terms and fees for processing of deposit. THE CUSTOMER MAY TURN ON
AUTOMATIC DEBITING OF FUNDS FROM THE CUSTOMER’S CARD IN CASE IF THE CUSTOMER’S
BALANCE IS NOT ENOUGH TO CONTINUE USING THE SERVICES. THE CUSTOMER MAY TURN
OFF AUTOMATIC DEBITING IN THE PRODUCT SETTINGS ANY TIME. IT IS THE CUSTOMER’S
RESPONSIBILITY TO REVIEW SPENDINGS AND BILLING, AND TO CHECK IF AUTOMATIC
DEBITING IS TURNED ON.
5.3. In case if the Customer will have no
registered network sessions by using the Service for 360 days, the Customer’s
balance will be debited this Agreement will be terminated and the eSIM shall
become invalid.
5.4. The rates for the Services may be changed from
time to time without providing advance notice and may be different depending
on the availability of the Services to different categories of Customers. Any
and all alterations in pricing policy and special promotions will be indicated
in the Product. The Company is entitled to limit the amount of provided free
Services any time at its own discretion without prior notice.
5.5.
It is the Customer’s responsibility to notify the Company of any changes to
the Customer’s payment information, including the expiration date of any
credit or debit card used in the Account. If for any reason the Customer’s
balance becomes negative, the Customer hereby authorizes the Company to charge
the negative balance to any available payment means of the Customer without
any additional confirmation.
5.6. The Customer is responsible for
reviewing the Customer’s billing information. Failure to notify the Company of
any disputed charges within fourteen (14) days of the charge being posted to
the Customer’s Account will be deemed as full and complete acceptance of the
charges. The Customer shall compensate the Company all amounts paid by the
Company as penalties and commissions to payment service providers resulted
from payment disputes initiated after expiration of 14 days. If the Customer
disputes the billing amount the Customer shall provide material evidence of
incorrect billing or fraudulent transactions. If the Customer disputes the
amounts indicated in the billing data provided in the Account, the billing
data available to the Company shall be binding and final for the billing
purposes.
6.1. The Customer may discontinue using the Services at any time by notifying
the Company by any available means. In such case the Company will deactivate
the Customer’s Account with keeping the reactivation ability. In all cases the
Customer will remain responsible for payment of all charges for the Services
rendered up to the date of termination.
6.2. The Company may
suspend provision of the Services to the Customer any time at its sole
discretion and terminate this Agreement.
6.3. In case of
termination the Company shall refund the amounts paid within the last 14 days
on the Customer’s balance to the payment means used for payment within 60 days
after termination. In case of unavailability of the initial payment means the
Company will make commercially reasonable efforts to request the new payment
means for refund. In case if the Company's expenses related to refund
will exceed the amount of refund, the Company shall be entitled to reject the
refund and offer to use the amount of refund in the Customer's account or
to transfer the amount of refund to the account of another Customer.
6.4. The amounts on the Customer’s balance obtained as a result of any
promotional offers or otherwise without making the actual payment by the
Customer are not subject to refund under any circumstances. In the course of
refund the amount of the balance is deducted with the amounts credited as a
result of any promotional offers or otherwise without making the actual
payment by the Customer.
7.1. The Customer will not use the Services for any unlawful, abusive or
fraudulent purpose, including, but not limited to, for using the Services in a
way that (a) interferes with the ability to provide the Services to the
Customer or other Customers; (b) abuses any bonus or promotional program; or
(c) violates the applicable law. The Customer will not in any way submit any
materials to the Company or otherwise take any action that would, in the
Company’s sole determination, interfere with the Services or other Customers,
infringe the rights of any third party, or otherwise constitute objectionable
conduct.
7.2. If the Company reasonably believes that the Customer
or any third party is using the Customer’s Account in a way abusing the
Services or any of the Company’s bonus or promotional programs or otherwise
breaching this Agreement or applicable law, the Company may immediately
suspend, restrict, or cancel the Customer’s Account and the Customer’s ability
to use the Services or the Product without notice with no refund.
7.3. Except to the extent contrary to applicable law, the Customer is
prohibited from causing or permitting the reverse engineering, disassembly or
de-compilation of the eSIM, the Services and/or the Product. The Customer is
prohibited from reselling, sublicensing or using the eSIM or the Services to
provide service bureau data processing services or to otherwise provide data
processing services to third parties. The Customer will not allow the eSIM or
the Services to be used by, or disclose all or any part of the eSIM or the
Services to, any person except the Customer.
7.4. The Customer
expressly acknowledges and agrees that any applicable export and import laws
govern the Customer’s use of the eSIM and the Services and he or she will
neither export or re-export, directly or indirectly, either the eSIM or the
Services, nor any direct product thereof in violation of such laws, or use
either the eSIM or the Services for any purpose prohibited by such laws.
8.1. The Customer agrees, at his or her sole expense, to fully defend,
indemnify and hold harmless the Company, its parent, affiliates, shareholders,
directors, officers, employees, agents and the Providers from and against any
and all claims (including without limitation reasonable attorney’s fees)
arising out of or in connection with (i) the Customer’s use of the Services,
(ii) the Customer’s Account (including the use of the Customer’s Account by a
third party) and (iii) this Agreement.
8.2. EXCEPT FOR DAMAGES
CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT AND/OR EXCEPT WHERE PROHIBITED
BY LAW, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF
CHARGES TO THE CUSTOMER FOR THE CUSTOMER’S ACTUAL USE OF THE SERVICES DURING
THE PRIOR ONE MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL THE COMPANY 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 THE
COMPANY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
ADDITION, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR DAMAGES
ARISING OUT OF OR RELATED IN ANY WAY TO THE CUSTOMER’S INABILITY TO ACCESS, OR
THE CUSTOMER’S DIFFICULTY IN ACCESSING, THE SERVICES.
8.3. THE
SERVICES ARE PROVIDED "AS IS" AND THE COMPANY DOES 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. THE COMPANY ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR FREE OR MEET THE CUSTOMER’S REQUIREMENTS. THE COMPANY
DOES NOT AUTHORIZE ANYONE, INCLUDING ITS EMPLOYEES, AGENTS, PROVIDERS OR
REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON BEHALF OF THE COMPANY AND
THE CUSTOMER SHOULD NOT RELY ON ANY SUCH WARRANTY. THE CUSTOMER EXPRESSLY
ACKNOWLEDGES AND AGREES THAT BECAUSE THE SERVICES ARE PROVIDED OVER MOBILE AND
INTERNET NETWORKS OUTSIDE OF THE COMPANY’S CONTROL, THE COMPANY HAS NO RELATED
LIABILITY. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS
TRANSMITTED THROUGH THE SERVICES.
8.4. Except for the Customer’s
obligation to pay for the Services, neither the Company nor the Customer is
liable to the other for any delay, failure in performance, loss or damage due
to causes beyond reasonable control, including but not limited to acts of God,
fire, strikes, explosions, power failure, earthquake, flood, water, labor
disputes, terrorism, acts or omissions of carriers or suppliers, systems
failure and acts of regulatory or governmental agencies.
8.5.
Neither the Company nor the Provider guarantees any level of performance of
the Services in any specific coverage area.
9.1. Any information including any materials, messages, ideas, suggestions, or
other communications (collectively - "Information") the Customer
transmits to the Company in any manner shall be and remain the exclusive
property of the Company. The Customer’s submission of any Information shall
constitute an assignment to the Company of all worldwide rights, titles and
interests in all copyrights and other intellectual property rights in the
Information. The Company will be entitled to use, reproduce, disclose, publish
and distribute any Information the Customer submits for any purpose
whatsoever, without restriction and without compensating him or her in any
way. For this reason, the Company prohibits the Customers to send the Company
any Information that the Customer does not wish to assign to the Company,
including any confidential information or any Information subject to third
party rights.
10.1. The Company may assign all or part of its rights and obligations under
this Agreement to any party at any time without notice to the Customer. In
case of assignment the Company will have no further obligation to the Customer
in connection with such assigned obligations.
11.1. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the remaining provisions of this Agreement will continue in
full force and effect.
11.2. This Agreement, together with any
written amendments or written modifications, will constitute the entire
agreement between the Customer and the Company with respect to the Services
provided hereunder and will supersede and replace all prior or contemporaneous
understandings or agreements, written, electronic or oral, between the
Customer and the Company. No written or oral statement, advertisement or
service description not expressly contained in the Agreement will be allowed
to contradict, explain, modify or supplement it.
11.3. This
Agreement shall be interpreted, governed by and construed in accordance with
the laws of Hong Kong. The Customer agrees, in the event any claim or suit is
brought in connection with this Agreement, to the exclusive jurisdiction and
venue of the courts of Hong Kong. In any action to enforce this Agreement,
including, without limitation, any action by the Company for the recovery of
fees due hereunder, the Customer shall pay the Company reasonable attorney’s
fees and costs in connection with such action. The Customer acknowledges and
agrees that this governing law provision applies no matter where the Customer
resides, or where he or she uses or pays for the Services. This Agreement is
originally written in the English language and the English language version
shall control over any translations.
Just eSIM Limited
Room 1001, 10/F, Tower B, New Mandarin Plaza, 14 Science Museum Road, Tsimshatsui
East, Kowloon, Hong Kong
[email protected]
Publication date: December 23, 2022
Effective: December 30, 2022
Previous version of the document: July 18, 2022