Terms and conditions

1. Agreement

   1. These terms and conditions (“Terms and Conditions“) together with our Privacy Policy, apply to your use of the Jet eSIM ABN: 82 593 160 602 (“we“, “our” or “us“) Website located at http://jetesim.net (“Website“) and the purchase from our Website of any data plan for use on mobile devices (“Data Plan“) and its associated prepaid eSIM (as defined below) (together the “Services“).

   2. By browsing or using the Website or Services, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the “Agreement“). If you do not agree with the terms of the Agreement, you must not access, browse or use the Website or the Services.

2. Interpretation

   1. In this Agreement:
      “Account” is defined in clause 7.1;
      “Acts” is defined in clause 10.1;
      “Agreement” has the meaning in clause 1.2;
      “Business Day” means any day from Monday to Friday, other than a public holiday in the jurisdiction where the Agreement is made;
      “Data Plan” has the meaning in clause 1.1.
      “eSIM” means an embedded subscriber identity module, a digital version of a physical SIM card that is built into your device, available for purchase on the Website;
      “Indemnified Parties” is defined in clause 15.1;
      “Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
      “Location Data” is defined in clause 12.1;
      “Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Website, or otherwise displayed, uploaded or published on, or via, the Website;
      “Minor” is defined in clause 4.1;
      “Order” means a purchase order placed by a registered User for the Services.
      “Password” is defined in clause 14.2;
      “Privacy Policy” means our privacy policy available at http://jetesim.net/privacy-policy/;
      “Services” has the meaning in clause 1.1;
      “User” means individuals who use and interact directly with the Services via their Jet eSIM Account for their personal use;
      “Website” has the meaning in clause 1.1;
      “you” or “your” means the person or entity accessing, using or relying upon the Website.
      Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3. User Obligations

   1. The User agrees to use the Services in compliance with these Terms and Conditions and in accordance with all applicable laws and regulations of the country in which the User is present or ordinarily resident.

   2. Users are prohibited from selling or reselling Data Plans or prepaid eSIMs available on the Website unless given written consent by Jet eSIM.

   3. The User agrees that Jet eSIM may suspend the Users usage of the Services in the case of breach of these Terms and Conditions.

4. Legal Capacity

   1. You must be eighteen (18) years of age or over to use or access our Services. If you are under the age of 18 years (a “Minor“), you must immediately cease accessing and using our Services.

   2. Your continued use of our Services is an acknowledgement by you that:

      (a) you are over the age of eighteen (18) years; and
      (b) you accept the Agreement and agree that you have entered into a binding legal contract with us in relation to the Agreement.

   3. We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, the use of our Services by a Minor.

5. eSIM Process and Activation

   1. In order to activate the eSIM:

      (a) choose the eSIM and Data Plan in the country where you need to be connected;
      (b) paste the QR code received via email into your compatible devices eSIM profile contained on your device and activate the eSIM when you are ready to use it; and
      (c) follow the instructions on your device to add the Data Plan.

   2. Users are required to activate the eSIM within a specified time frame, as indicated in the activation guidelines provided on submitting an Order. It is a User’s responsibility to activate the purchased eSIM within the designated time frame. If a User fails to activate the eSIM within the activation period, the eSIM is at risk of expiring.

   3. Any eSIM will activate in the country to which the eSIM has been purchased for. The period of use of the eSIM is dependent on the specific eSIM purchased.

   4. The following terms are applicable to all eSIM plans available on the Website:

      (a) Jet eSIM ensures the full allocation of data, whether used or not, for the entire duration of when the Data Plan is activated.
      (b) Maximum speed limitations, while usually attainable, are not guaranteed and is contingent upon local network conditions and the signal strength at the user’s specific location.
      (c) Any Data Plans featuring fixed or daily data allowances do not permit the carryover or pooling of unused data beyond the prepaid duration. Under no circumstances will unused data be eligible for refunds or transfer to a new Data Plan.
      (d) Unlimited Data Plans are subject to data speed limitations outlined in the product specifications on the respective product page.

6. Device Compatibility

   1. A list of compatible devices is available on our compatible devices page http://jetesim.net/esim-compatible-devices/. The eSIM compatibility list is non-exhaustive, and new devices may be added from time to time.

      The User is responsible for ensuring that their personal device is compatible with the eSIMs available on the Website. Device compatibility may also be dependent on the relevant carrier and country of origin.

7. Order and Delivery of eSIM

   1. After creating a free membership account (“Account“) on the Website in accordance with clause 14.2, Users may purchase a Data Plan through our Website. The User must accept these Terms and Conditions to create an Account and purchase a Data Plan on the Website.

   2. A purchase is not accepted and legally binding on us until we confirm by email (to your nominated email address as listed in your Account) that:

      (a) payment has been received for the Order;
      (b) the Services are available; and
      (c) the Order has been processed.

   3. Immediately after purchase of an eSIM and Data Plan, Users will receive an email confirming their purchase to the email address provided by them on the Website. This email will include a QR code to represent the purchased Data Plan. The QR code is also available to view under your Account on the Website.

8. Pricing

   1. All prices are listed on the Website and are listed in US dollars. Currency conversion is the responsibility of the User if accessing the Website from a country outside of the USA. The charges are exclusive of GST, VAT or other applicable tax on goods or Services, unless stated otherwise.

   2. All prices displayed on the Website are subject to change without notice. Prices will vary per country based on exchange rates. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

   3. Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount.

9. Payment

   1. You will pay us the fees to access and use the Services purchased on the Website, in accordance with these Terms and Conditions.

   2. Fees will not be changed retrospectively, however all fees displayed on or via the Website, are subject to change without notice. Any adjustments to the fees will be conducted in a commercially reasonable manner.

   3. You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

   4. Payments for Orders will be processed by Stripe and PayPal.

   5. Payment processing provided by Stripe are subject to the Stripe Connected Account Agreement (https://stripe.com/au/legal/connect-account)which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). By placing an Order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling payment processing Services through Stripe, you agree to provide us with accurate and complete information about you, and you authorise us to share it and transaction information related to your use of the payment processing Services provided by Stripe.

   6. In locations where Stripe payment services are unavailable, we reserve the right to issue invoices for the provision of the purchase. Users in such locations will be subject to payment terms of 7 Business Days from the date of the issued invoice. This invoicing arrangement is independent of the Stripe Services Agreement and is designed to facilitate payment processing for users in regions where Stripe payment services are not accessible.

   7. You will make all payments for the fees without any deduction for tax unless a tax deduction is required by law. If you are required to make a tax deduction by law, the amount due will be increased to the amount that (after making the tax deduction) upon deduction of the amount attributable to tax equals the amount which would have been due if no tax deduction had been required.

   8. If you initiate a chargeback by contacting your bank or credit card company to dispute or reverse any payable fees to us, we may terminate or suspend your access to, and/or use of, the Services. We retain the right to challenge any chargeback.

   9. Jet eSIM will not be responsible for any bank fees or credit card fees for foreign currency exchange, which will be your sole responsibility based on agreements between you and your financial services provider.

10. Refunds and cancellations

    1. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation, or any other mandatory local laws, to the extent the Services are being used outside of Australia (the “Acts“) where to do so is unlawful.

    2. To the maximum extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to supplying the Services again or payment of the cost of having the Services supplied again.

    3. Jet eSIM will issue refunds to Users for Services that do not function, which are otherwise not usable by you, or which are no longer needed or where there is a change of plans, provided that it has not been activated and no data has been consumed by the related Service. Any eSIM which has been successfully activated will not be refundable. Refunds are subject to the following terms and conditions:

       (a) you must submit a request for a refund via email to http://jetesim.net/refund-request/
       (b) refunds may be received in the form of a credit to the original payment method;
       (c) it will be your sole responsibility to communicate with your financial service provider in case of any failure to receive a refund transaction; and
       (d) only payments made within 30 Business Days of a submitted cancellation request shall be eligible for a refund.

11. Third Party Service Providers

    1. Jet eSIM is an independent reseller of eSIM services provided by a third-party service provider being Maya Mobile, a USA corporation. Jet eSIM does not own or operate the underlying eSIM network infrastructure. All eSIM services are subject to the terms and conditions of the third-party service provider, set out at https://maya.net/legal.

12. User Location Tracking

    1. Third party service providers may collect and process your geographical Location Data, including GPS coordinates, IP address, Wi-Fi access points, and cell tower information (together “Location Data“). This Location Data is used to provide location-based services, enhance your user experience, and improve our service quality. By using the Jet eSIM website and Services, you consent to tracking of your Location Data.

    2. Your Location Data may be used by third-party providers to assist us in delivering the Services.

    3. You can control location services through your device settings. However, please note that disabling location services may limit the functionality of certain features. This section may be updated from time to time to reflect changes in our practices. If you have any questions or concerns about these location tracking practices, please contact us at http://jetesim.net/privacy-policy-enquiry/.

13. Intellectual Property

    1. You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Services available on our Website, and in all Material published on the Website, and we retain all rights, title and interest in the Services and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Services.

    2. You may access and use our Services (including Intellectual Property Rights contained therein) for your personal and non-commercial use only. You must not in any form or by any means reproduce, sell, licence, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Services or without our prior written consent.

14. Website Use

    1. To access certain content on the Website, you must become a member of the Website.

    2. To become a member of the Website you must open an Account with us by providing us with certain contact information and nominating a password (“Password“). Personal information such as first name, last name, and email address is required for direct interactions and transactions on the Website.

    3. If you do not provide accurate and complete details we may not be able to activate your Account.

    4. You must keep your Account details up to date at all times and your Password confidential and secure.

    5. You may not use one email address to register for multiple Accounts and you must not hold more than one Account at the same time. We reserve the right to refuse registration requests in our sole discretion.

    6. You have sole responsibility for any activity that occurs on or via your Account. You must notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.

    7. You warrant and represent that your access to, or use of, the Website is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

    8. The Website may contain links to third party websites. Any links to such websites provided on the Website are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, Services or third party content appearing on, or via, other websites linked to the Website. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites and Services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.

    9. You may not use the Website other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Website or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Website.

15. Indemnity

    1. You agree to indemnify and hold Jet eSIM, our related bodies corporate and our officers, directors, employees and contractors (collectively, the “Indemnified Parties“) harmless from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, expenses and costs that may be brought against the Indemnified Parties or which the Indemnified Parties must pay, sustain or incur as a direct or indirect result of or arising out of:

       (a) breach by you of any of your obligations under these Terms and Conditions;
       (b) loss of, or damage to, any property belonging to you or any third party or any personal injury or death arising out of or in connection with these Terms and Conditions;
       (c) breach of any third party’s Intellectual Property Rights; or
       (d) breach by you of any applicable law (including Privacy Laws).

16. Liability

    1. To the fullest extent permitted by law, we disclaim and exclude all:

       (a) conditions, guarantees or warranties expressed or implied by law; and
       (b) any liability to you however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising directly, indirectly, out of, or in connection with, access and/or use of the jet eSIM Products, Website, and the Agreement.

    2. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any Material, Service, link or information in our Website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using the Website or the Services that may be offered through it.

    3. In no event will we be liable to you or any third party for any, arising directly or indirectly:

       (a) breach by you or any third party of the Intellectual Property Rights of a third party or any laws, regulations or any relevant industry codes;
       (b) viruses, worm, trojan or other malicious code introduced into, or transmitted to, you or any third party during the course of using the Services, or Website; or
       (c) loss of or damage to any property belonging to you or any third party or any personal injury or death arising out of or in connection with these Terms and Conditions.

    4. Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the equivalent of us supplying the purchased Services to you again. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

    5. To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in information issued by us will be subject to correction without any liability on our part.

17. Warranties

    1. You warrant and represent to us that:

       (a) all information provided is true, complete and accurate and is not misleading in any way;
       (b) your access to, or use of, the Website and the Services, is not unlawful or prohibited by any applicable laws;
       (c) you have obtained all necessary consents and that you are authorised to access and use our Website and the Services and you will not share the Services with any third party who is prohibited whether by any applicable laws or otherwise from accessing the Website.
       (d) you understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

    2. We will use reasonable endeavours to provide constant, uninterrupted access to the Website and Services, but this cannot be guaranteed. We will not be responsible or liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or in connection with, any interruption or delay in accessing and using the Services. Jet eSIM does not guarantee network capacity, network quality or connection availability of the Service.

    3. To the maximum extent permitted by law, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided hereunder is given or assumed by us other than as required at law. You acknowledge and agree that the Services are provided on ‘as is’ basis and that you will make your own investigations into whether or not the is fit for your purposes.

18. Confidentiality

    1. Each party agrees not to use or disclose confidential information received or disclosed to it by the other party in the negotiation or operation of these Terms and Conditions, save for such use or disclosure necessary and required to perform their respective obligations under these Terms and Conditions. Disclosure will be, in any event, only made to the receiving party’s employees, officers, agents or contractors to whom it is necessary to do so and who are directly involved in performing the receiving party’s obligations.

    2. In making disclosure to persons as permitted under this clause 18, the receiving party will ensure that persons receiving the disclosing party’s confidential information will comply with the same obligations regarding confidentiality as that of the receiving party.

    3. Information is not to be regarded as confidential, and the receiving party will have no obligation regarding confidentiality, where that information is already in the public domain or enters the public domain through no fault of the receiving party, is received from a third party without any obligations of confidentiality, is used or disclosed with the prior written consent of the disclosing party, is disclosed in compliance with a legal requirement or is independently developed by the receiving party.

    4. Any confidential information held by a receiving party will be returned to the disclosing party or destroyed at the written request of the disclosing party.

19. Support Services

    1. We may, at our absolute discretion, provide you support in relation to your use of the Website or our Services.

    2. If you are unable to access or find the information relevant to you on our Website, you may contact us at http://jetesim.net/support-request/.

    3. We will endeavour to provide support on Business Days however this cannot be guaranteed.

20. Australian Consumer Law

    1. Nothing contained in the Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Acts where to do so is unlawful.

21. Privacy and Data Protection

    1. By purchasing an eSIM and Data Plan, you acknowledge that we will process your personal information in order to:

       (a) provide the Services to you;
       (b) monitor and improve our Services; and
       (c) prevent unauthorised use of the Services.

    2. We are committed to protecting your privacy and personal information. Please see our Privacy Policy http://jetesim.net/privacy-policy/ for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

22. Term and Termination

    1. These Terms and Conditions will commence on the purchase of an eSIM and Data Plan. Once an eSIM has been activated on your compatible device in accordance with clause 5, the eSIM will remain on your device even after your Data Plan has expired. You may choose to remove the eSIM from your device settings at any time following the expiration of the eSIM’s usage period.

    2. These Terms and Conditions will survive until the Data Plan expires.

    3. These Terms and Conditions will immediately terminate in the following circumstances;

       (a) full consumption or expiration of the User’s Data Plan;
       (b) suspension by Jet eSIM of the User’s Data Plan for a breach of these Terms and Conditions (including any breach of applicable laws).

23. Situations or events outside our reasonable control

    1. There are certain situations or events that may occur which will not be within our reasonable control that may affect our ability to perform any obligation under this Agreement. Where this occurs, we will notify you of these circumstances. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue providing the Services.

24. Notices

    1. Any notice required to be given pursuant to these Terms and Conditions will, unless otherwise stated, be in writing and be sent to:

       (a) for Jet eSIM, support[AT]jetesim.net; and
       (b) for the User, the email provided by the User when making an Order,
       (c) or to such other address as either party may from time to time notify the other in accordance with this clause.

    2. A notice given under clause 24.1 will be deemed to have been delivered 24 hours after the email is sent.

25. General

    1. These Terms and Conditions represent the whole Agreement between you and Jet eSIM concerning your use and access to the Website and Services. No other term is to be included in this agreement except where it is required to be included by any legislation in Australia being any national, state or territory legislation, or any other mandatory local laws, to the extent the Services are being used outside of Australia. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

    2. Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any state or territory, or overseas locality then such a clause shall not apply in that state or territory or overseas locality and shall be deemed never to have been included in these terms and conditions. Such a clause if legal and enforceable in any other state or territory or overseas locality, shall continue to be fully enforceable and part of this Agreement in those other states and territories and overseas localities. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

    3. We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Website.

    4. Although we do our best to provide the most up to date information on the Website as this becomes available, we cannot warrant the accuracy or completeness of the information provided.

    5. Any provision of the Agreement which is void or unenforceable may be severed from the Agreement without affecting the enforceability of other provisions.

    6. A failure or delay by us to exercise a power or right under the Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

    7. The Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that state. If you are accessing these terms from outside of Australia, the laws of your jurisdiction may also apply to the extent necessary to comply with local laws and regulations.

Last updated on 26 July 2024