1. Introduction
These Terms and Conditions constitute a legally binding agreement (“Agreement”) between you (the “User”) and eSIM New Zealand (“eSIM New Zealand”, “we” or “us”), concerning your purchase of an international data plan (“Data Plan”) relating to a prepaid eSIM (an “eSIM”), for use on your personal device (“Device”), from eSIM New Zealand (the “Service”).
Future agreements between the User and eSIM New Zealand may, in addition, be subject to supplemental terms and conditions or documents that may be posted on our website or application (the “Application”).
We recommend that you print a copy of these Terms and Conditions for future reference.
2. Registration
To register and purchase an eSIM through our application, you must accept our Terms of Use. Our Privacy Policy are available within the Application during registration.
3. Purchase of an eSIM and Activation
By purchasing an eSIM through our application, you enter into an agreement with eSIM New Zealand for the purchase of the eSIM and agree to pay all applicable charges in accordance with the Data Plan for the eSIM purchased.
You will be responsible for the eSIM as soon as it is delivered to you. If you damage or lose your Device before you have paid for the eSIM in full, you will still be required to pay the full price of the eSIM.
You may purchase an eSIM through one of eSIM New Zealand’s partners (“Third Parties”). If you purchase an eSIM from a Third Party, you enter into an agreement with that Third Party for the purchase of the eSIM, and eSIM New Zealand is not a party to such an agreement.
eSIM New Zealand shall make available Data Plans which relate to specific countries. eSIM New Zealand reserves the right to restrict the availability of such Data Plans in some jurisdictions. Users can search, select, and purchase our Data Plans on the Application or through Third Parties.
By availing of the Service, you acknowledge that you have an unlocked, eSIM-compatible Device, which is required to access the eSIM.
4. Term and Termination of Agreement
This Agreement commences upon your purchase of the eSIM. After downloading the eSIM onto your Device and activating the Data Plan, the eSIM remains on your Device even after the Data Plan’s credit is exhausted or it expires. You may remove the eSIM via your Device settings at any time; however, we recommend retaining it until the Data Plan is fully consumed or expired. Downloading the eSIM and activating any Data Plan may require a stable internet connection.
The term of this Agreement continues until the Data Plan expires or until the credit is fully used, as per the purchased Data Plan.
This Agreement terminates immediately upon any of the following events:
- Consumption or expiration of the Data Plan by you.
- Suspension by eSIM New Zealand of your use of the eSIM or Data Plan due to a breach of these Terms and Conditions (including any violation of applicable laws).
Upon termination if you do not immediately delete the eSIM from your Device after the Data Plan’s consumption or expiration, the eSIM is provided to you on an “as is” basis without any warranty. eSIM New Zealand holds no liability for the eSIM under this clause until you purchase another eSIM or Data Plan from us, at which point these Terms and Conditions will apply.
5. Warranty
These Terms and Conditions are in addition to your statutory rights as a consumer.
eSIM New Zealand provides the eSIM and the Service “as is” without any warranties or representations, either express or implied, except as required by applicable laws.
eSIM New Zealand reserves the right, at its sole discretion, to discontinue the sale, provision, or support of any eSIM at any time.
6. Service Availability
eSIM New Zealand will make commercially reasonable efforts to ensure the Service is always available to you, subject to the capacity and availability of our network and that of our service providers.
eSIM New Zealand collaborates with various service providers, including network service providers, which may vary by jurisdiction.
If you purchase an “unlimited” Data Plan, please be aware that your data coverage and speed may be subject to the fair use policies of the network service provider. To maintain high-quality service for all users, the provider may impose restrictions or limitations on data usage or speed if your usage is deemed excessive or adversely affects network performance.
eSIM New Zealand does not guarantee network capacity, quality, or connection availability of the Service. This includes, but is not limited to, situations such as:
Necessary upgrades, maintenance, or other work performed by our service providers on their network services.
Your location being outside the coverage area specified in your Data Plan.
Disruptions caused by factors beyond our control, including issues related to your Device, regulatory requirements, communication network faults, weather conditions, radio interference, or other physical obstructions.
7. User Obligations
By using the eSIM service, you agree to:
Comply with these Terms and Conditions.
Adhere to all applicable laws and regulations in your current or usual country of residence.
Refrain from using the eSIM for fraudulent, criminal, or illegal activities, or in ways that could impair or damage the network.
Avoid using the eSIM to copy, store, modify, publish, or distribute eSIM New Zealand’s commercial information (including trade secrets) without explicit permission.
Not download, send, or upload content excessively in size, quantity, or frequency.
Ensure your use of the eSIM does not infringe on third-party intellectual property rights.
You agree that any credits, promotions, and referrals for the Service (the “Promotions”) shall not be used to undermine the fairness, integrity, or legitimate operation of the Service, including but not limited to creating fake User registrations or using fictitious identities to participate in the Promotions to receive rewards.
You acknowledge that eSIM New Zealand may suspend the Service if you breach these Terms and Conditions. You remain liable for all charges due under these Terms and Conditions during any suspension. eSIM New Zealand reserves the right to seek remedies and damages (fully including legal costs) permitted by law.
eSIM New Zealand, at its sole discretion and without liability to you, reserves the right to remove your application account, disqualify you from future use of the Service, or disqualify you from any Promotions.
For more detailed information, please refer to eSIM New Zealand’s Terms and Conditions.
8. Payment Terms
Registration and Purchase: You may register and purchase the eSIM through our application. Payment will be processed by an authorized agent of eSIM New Zealand.
Pricing and Taxes: All eSIMs are prepaid, and prices include any applicable Indirect Taxes, unless specified otherwise. Indirect Taxes will be applied based on the postcode you provide when submitting payment information.
Definition of Indirect Taxes: In this clause, “Indirect Taxes” refers to any sales tax, value-added tax, or similar levies or taxes applicable at the time of sale of the Data Plan related to an eSIM.
Payment Method Storage: You may choose to save your payment method during the payment process, managed by the service provider, so that for future purchases, this information is automatically added without the need to re-enter it. You can delete the saved payment method information at any time. This payment method information cannot be changed; if a change is requested, you will need to delete the previous payment method and enter the new one.
9. Right of Withdrawal
9.1. Consumer Withdrawal Rights: As a consumer, you have the legal right to withdraw from this Agreement within 14 days without providing any reason. The withdrawal period expires 14 days after the date of purchase of the eSIM. If the eSIM is activated and the Data Plan is consumed or depleted before the end of the withdrawal period, you will receive a partial refund proportionate to the reduction in value of the eSIM or Data Plan.
9.2. Exercising the Right of Withdrawal: To exercise your right of withdrawal, you must inform us of your decision by contacting eSIM New Zealand, c/o Customer Support. You can reach us via email at support@my-esims.com or through our online chat service. Please provide a clear statement of your decision to withdraw from the Agreement.
For more information on our refund policy, please visit our Refund Policy page.
10. Refund and Returns Policy
You will receive the Service in conformity with these Terms and Conditions. If you believe that the Service delivered to you does not comply with these Terms and Conditions or your statutory consumer rights, please inform us. If applicable, we will provide you with a full or partial refund for the affected eSIM or Data Plan in accordance with clauses.
10.1. To qualify for a full refund from eSIM New Zealand, you must meet the following requirements:
10.2. The eSIM must have been purchased directly from eSIM New Zealand via our official website or application (i.e., not from third parties).
10.3. The eSIM must not have been activated.
10.4. The purchase of the eSIM must have been made no more than 30 days prior to the refund request.
Subject to clauses 10.2 and 10.4, eSIM New Zealand may provide you with a full or partial refund proportionate to the reduction in value of the eSIM or Data Plan under the following circumstances:
If the Data Plan associated with the eSIM has already been activated and/or partially consumed, or if credit has been expended.
If the eSIM fails to function due to issues with the network infrastructure, or if the network infrastructure in the destination country is problematic or unstable.
If you purchase an eSIM and download it onto an incompatible or locked device, eSIM New Zealand will provide you with a full refund, provided that you have complied with the requirements of clauses.
Please note that once the eSIM is delivered to you, it cannot be prevented from being used. Therefore, refunds or returns are generally not possible, except in explicitly stated cases.
For more detailed information, please refer to our Refund Policy.
11. Intellectual Property Rights
The eSIM is our proprietary property, and all associated content—including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”)—as well as the trademarks, service marks, and logos contained therein (the “Marks”)—are owned or controlled by us or licensed to us, and are protected by copyright, trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms and Conditions, no part of the eSIM, the Application, or any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
12. Data Protection
By purchasing an eSIM, you acknowledge that eSIM New Zealand will process personal information relating to you (“Personal Data”) in order to make the Service available to you, monitor and improve the Service, and prevent unauthorized use of the Service.
For further information on how your Personal Data is used or for any queries regarding our processing of your Personal Data, please refer to our Privacy Policy.
13. Indemnity
By purchasing an eSIM, you agree to indemnify and hold harmless eSIM New Zealand, along with its subsidiaries, affiliates, officers, agents, partners, employees, and service providers, against all losses, costs, charges, demands, proceedings, damages, actions, expenses, and claims arising from:
- Breach of Terms: Any violation by you of these Terms and Conditions.
- Unauthorized Use: Any other matter arising from your use of the Service in a manner not in accordance with these Terms and Conditions.
This indemnification obligation remains in effect even after the termination of this Agreement.
14. Limitation of Liability
To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence, or otherwise) for any loss or damage you may incur in connection with your use of the Service, including the eSIM or any Data Plan.
Notwithstanding the foregoing, our liability under or in connection with this Agreement, whether arising from contract, negligence, or otherwise, shall in no event exceed the amount of charges payable by you to us under the relevant Data Plan in the 12 months preceding the date of the event giving rise to such liabilities.
This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
15. Governing Law and Legal Compliance
Except as required by applicable mandatory laws:
- Governing Law and Jurisdiction: These Terms and Conditions, along with any disputes or claims (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of New Zealand. The courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
- Application of Local Laws: Other applicable mandatory laws of other states may also apply to your use of the eSIM.
- Compliance with Local Laws: The Service and the Application are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to relevant law or regulation. Accordingly, persons who choose to access the Service and/or Application from locations that prohibit such use do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Service and the Application, you consent to the application of New Zealand law and the exclusive jurisdiction of New Zealand courts, subject to the provisions above.
16. Variation of these Terms and Conditions
We may modify any terms of your Agreement or future terms and conditions, including those related to our Data Plans, as follows:
Availability of Updated Terms: Any updated Terms and Conditions and new terms will be accessible on our application.
Notification of Changes: We will notify you with adequate notice if we make any variations to this Agreement. You are free to withdraw from using the Service upon receipt of such notice, subject to the following exceptions:
- where such variation is exclusively to your benefit.
- where such variation is of a purely administrative nature; or
- where such variation is imposed by applicable laws.
Acceptance of Changes: If you continue to use the Service after the variation of this Agreement commences, you will be deemed to have accepted the variation.
Please note that these modifications are in line with standard practices for updating terms and conditions, as seen in various agreements.
17. General
eSIM New Zealand may assign, transfer, or delegate its rights and obligations under this Agreement to any company within its group without requiring your express consent.
If any provision of this Agreement (or part thereof) is or becomes illegal, invalid, or unenforceable, but would be legal, valid, and enforceable if modified or deleted, the provision shall apply with such necessary modifications or deletions to render it legal, valid, and enforceable.
No failure or delay by either party in exercising any right or remedy under this Agreement shall be construed as a waiver of that right or remedy. Any single or partial exercise of any right or remedy does not preclude further exercise of that right or remedy. No waiver by either party of any breach by the other of any provision of this Agreement shall be considered a waiver of any preceding or subsequent breach. The rights and remedies provided under this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
This Agreement is drafted in English. In the event of any conflict between this English version and any translated copies, the English version shall prevail.
These provisions are consistent with standard contractual practices regarding assignment, severability, waiver, and language precedence.
18. eSIM New Zealand Contact Details
For more information about these Terms and Conditions, to provide feedback, or to make a complaint, you can reach our team 7AM – 7PM – 7 Days through the following platforms:
- Email: support@my-esims.com
Chat: Click the red pop-up in the bottom right-hand corner of this page.
All business enquiries should be sent to: support@my-esims.com
