1. Introduction
These Terms of Use constitute a legally binding agreement (“Agreement”) between you (the “User”) and eSIM New Zealand (“eSIM NZ”, “we”, or “us”), regarding your access to and use of the eSIM New Zealand website or mobile application (the “Application”).
By accessing the Application, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you are expressly prohibited from using the Application and must discontinue use immediately.
Your use of the Application may be subject to additional terms and conditions or documents that may be posted from time to time, including those relating to the purchase of a prepaid eSIM with data service plans based on eSIM technology (the “Service”).
We recommend that you print a copy of these Terms of Use for future reference.
2. Registration
The User is responsible for making all necessary arrangements to access the Application, including but not limited to:
Registering for the Service (where required) through the Application by providing their first and last name along with a verifiable email address.
Reviewing our Privacy Policy, which are available on the Application.
Minors are strictly prohibited from using the Application. If you are under 18 years of age, you are not eligible to use the Service and must discontinue use of the Application immediately.
3. User Obligations
The User agrees to:
Use the Application in compliance with these Terms of Use.
Where required, provide true, accurate, and complete registration information and keep it up to date.
Where required, keep any passwords confidential and be responsible for all activity associated with their account.
Use the Application in accordance with all applicable laws and regulations of the country in which they are present.
The User acknowledges and agrees that the following actions are strictly prohibited when using the Application:
Engaging in any fraudulent, criminal, or illegal activities or actions that may impair or damage the network.
Sending or uploading any content that is (or may be considered) defamatory, offensive, obscene, or discriminatory.
Infringing eSIM NZ’s or any third party’s intellectual property rights.
Gaining unauthorized access to computers, data, systems, accounts, or networks.
Reproducing, duplicating, copying, or selling any part of the Application in violation of these Terms of Use.
Deliberately disrupting the operation of any website, application, server, or business.
Using the Application to harm or attempt to harm minors in any way.
Using the Application for machine learning, AI model training, or data aggregation, analysis, or mining purposes, including generating patterns, trends, or correlations.
If a User registers for the Service, eSIM NZ, at its sole discretion and without liability, reserves the right to remove a User’s account and disqualify them from future use of the Application. eSIM New Zealand may also remove, reclaim, or change a username if it determines that it is objectionable.
eSIM New Zealand may suspend a User’s access to the Application in the event of a breach of these Terms of Use. The User remains liable for any applicable charges, including if an account suspension results in the cancellation of the Service. eSIM New Zealand reserves the right to seek remedies and damages (including legal costs) to the fullest extent permitted by law.
4. Intellectual Property Rights
Except where otherwise stated, the Application is our exclusive property. All 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 within (the “Marks”), are owned or licensed by us and protected by copyright, trademark laws, and other intellectual property rights.
The Content and Marks are provided on the Application “AS IS” for informational and personal use only, to the extent permitted by law. Except as expressly allowed under these Terms of Use, no part of the Application—including its Content or Marks—may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.
If you meet the eligibility requirements to use the Application, you are granted a limited, non-exclusive license to access and use the Application. You may download or print a copy of any accessible Content solely for personal, non-commercial use. All rights not expressly granted to you in these Terms of Use remain reserved by us, including rights to the Application, Content, and Marks.
5. Data Protection
By using the Application, you acknowledge that eSIM New Zealand will process your personal information (“Personal Data”) to provide you with access to the Application, monitor and enhance its functionality, and prevent unauthorized use.
For more details on how your Personal Data is used or if you have any questions about its processing, please refer to our Privacy Policy available on the Application.
6. Governing Law and Legal Compliance
Except where mandatory laws dictate otherwise:
(a) These Terms of Use, along with any dispute or claim (including non-contractual disputes or claims) arising from or related to their subject matter or formation, shall be governed by and interpreted in accordance with the laws of New Zealand.
(b) The courts of New Zealand shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising from or related to these Terms of Use or their subject matter or formation.
Mandatory laws of other jurisdictions may also apply to your use of the Application, depending on your location.
The Application is not intended for use in any jurisdiction or country where its access or use would violate applicable laws or regulations. Users who choose to access the Application from such locations do so at their own risk and are solely responsible for ensuring compliance with local laws.
7. User Generated Contributions
The User may utilize a feature that enables them to upload content or submit information through the Application (collectively referred to as “Contributions”). Contributions may be visible to other users of the Application and may also appear on third-party websites. Consequently, any Contributions you submit may be considered non-confidential and non-proprietary.
8. Indemnity
The User agrees to indemnify and hold harmless eSIM New Zealand may, along with its subsidiaries, affiliates, officers, agents, partners, employees, and service providers, against any losses, costs, charges, demands, proceedings, damages, actions, expenses, and claims incurred by us as a result of:
A breach by you of these Terms of Use; and/or
Any other matter arising from or related to your use of the Application in a manner that does not comply with these Terms of Use.
9. Limitation of Liability
To the extent permitted by law, we disclaim all liability (whether arising from contract, negligence, or otherwise) for any loss or damage you may incur in connection with your use of the Application, any linked websites, or any materials posted on them. This does not affect our liability for fraudulent misrepresentation, misrepresentation of a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.
10. General
eSIM New Zealand may assign, transfer, or subrogate its rights and obligations under this Agreement to any company within its group without requiring the express consent or authorization of the User.
If any provision of this Agreement (or any part thereof) is or becomes illegal, invalid, or unenforceable but would be legal, valid, and enforceable with certain deletions or modifications, that provision or part-provision shall apply with the necessary changes to ensure its legality, validity, and enforceability.
Failure or delay by either party in exercising any right or remedy under this Agreement shall not be construed as a waiver of that right or remedy. Similarly, any single or partial exercise of a right or remedy shall not preclude further exercise of that right or any other available remedy. A waiver of any breach shall not be considered a waiver of any preceding or subsequent breach. The rights and remedies under this Agreement are cumulative and do not exclude 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 versions, the English version shall prevail.
11. Variation of these Terms of Use
We may update or modify any of the terms in these Terms of Use or any future terms and conditions, including those related to our Service, under the following conditions:
Any updated Terms of Use or new terms will be made available on our Application.
We will notify you in advance if we make any changes to this Agreement. You may choose to stop using the Application upon receiving such notice, except in the following cases:
(a) The variation is solely for your benefit;
(b) The variation is purely administrative;
(c) The variation is required by applicable laws.
If you continue to use the Application after the changes to this Agreement take effect, you will be considered to have accepted the updated terms.
12. eSIM New Zealand Contact Details
For more information about these Terms of Use, 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.
