General conditions: June 2023
Contact
For further information, please contact customer service (“Customer Service”) at the following address: support@e-simweb.com
Definitions and framework
The “Product” is only available through Simweb applications on an authorized device. The product, which is not available in all regions or on all devices, is subject to these Terms and Conditions.
These General Conditions, including the provisions relating to the protection of personal data mentioned herein (collectively, the “Agreement”), set forth the T&Cs which apply to your use of the Product. The terms “Customer”, “You” and “your/yours” refer to the customer of the Product defined above, and “Simweb”, “we” and “our/us” refer to the Sim To World company engaged in providing you with the Product. Your order of the Product, your use of it, your creation of an account and the payment you make to use it, confirm your unconditional agreement and acceptance of the T&Cs set out in this Contract, which you can consult on www.e- simweb.com . You may not use the Product if you do not agree to be bound by this Agreement.
This Agreement may be subject to change. We may modify it from time to time. Unless otherwise stipulated in this Agreement, all modifications made will take effect immediately after their publication on the site www.e-simweb.com (the “Website”). If there is a material change to this Agreement, we will endeavor to notify You separately. BY CONTINUING YOUR USE OF THE PRODUCT AFTER THEIR POSTING ON THE WEBSITE, WE WILL DEEM YOU TO FINALLY ACCEPT SUCH CHANGES.
By ordering the Product, You agree that You are authorized to use the Product and that You must make payment for this Product in accordance with these T&Cs.
The Product consists of providing eSIM cards with Prepaid Cellular Data Plans (data provision available for a specified period of time) to enable your Device to connect to the Internet (the “Data Plans”).
The countries in which You can use the Data Plans are indicated with the available offers. The offers available may change from time to time and depend on the country in which You are located at the given time.
In order to ensure the provision of the Product, Sim To World has entered into an agreement with several cellular service providers (mobile operators) around the world to access their mobile networks (collectively the “Mobile Network”). Sim To World provides You with the Product but does not in any way provide You with a telephone number or the ability to make or receive voice telephone communications (including calls to 911 and other emergency numbers) or to send or receive SMS or text messages.
Licence
Subject to the terms of this Agreement, we grant You a revocable, non-exclusive, non-sublicensable license to use the Product, which may not be assigned for use on another device, according to the stipulations and duration of this Agreement.
CONTRACT
This Agreement takes effect and is deemed binding between Sim To World and the Customer, when the Customer begins using the Product. This Agreement shall remain in effect until terminated as set forth herein.
The Product is sold exclusively on a prepaid basis.
All products, including related offers and promotions, may be subject to additional specific terms and conditions. As these T&Cs are updated from time to time, please consult them regularly on our Website.
You will be responsible to us under this Agreement for the actions taken by any other person to whom You have authorized the use of the Products on your behalf.
Our obligations
Sim To World will provide the Product in accordance with the Agreement, in accordance with the description of the Data Plan, from the date on which the Customer begins using the Product or subscribes to said Data Plan.
We will ensure that the Product is available to you wherever possible. However, the accessibility and quality of the Product may be affected by elements beyond our control such as physical obstacles, atmospheric conditions and failures on the Mobile Network (the infrastructure, software and hardware allowing a supplier to cellular services/mobile operator to ensure the wireless internet services offered to subscribers), when these breakdowns and their repairs are not our responsibility. We or our mobile operator partners (any company operating a mobile internet network, which owns or controls all the elements necessary to sell and deliver mobile internet services) may occasionally need to carry out modernization or maintenance work on the Mobile Network that may affect the accessibility and/or quality of the Product. We will then endeavor to reduce this interruption to a minimum level, but these inconveniences may be beyond our control.
We will provide the Product using reasonable skill and care, and we will use reasonable efforts to make the Product available to You. If You experience any problems with our Product or suspect fraudulent activity on your account, please contact Customer Service immediately.
We may modify the Product from time to time and without notice to you in order to comply with legal, regulatory, safety or other requirements. We will do our utmost to ensure that this affects the scope of the Product as little as possible.
Your obligations
You are required to use the Product in accordance with this Agreement and in compliance with any other reasonable instructions that we or Customer Service may issue to You from time to time. In particular, You are not authorized to use the eSIM card in any device other than the one which was delivered with it, or which is intended to be used with it (if it is not delivered with the eSIM card). It is also specified that the eSIM card remains the property of Sim To World and/or its selected partners.
You must provide us with your first name, last name, email address and residence address when opening your Account.
The eSIM card does not have any PIN code by default. YOU ARE SOLELY RESPONSIBLE FOR CONTROLLING ACCESS TO YOUR eSIM CARD, AND YOU AGREE TO PAY FOR THE SERVICE, WHETHER OR NOT YOU HAVE AUTHORIZED USE. WE WILL UNDER NO CIRCUMSTANCES BE HELD RESPONSIBLE FOR FRAUDULENT USE OF YOUR eSIM CARD. If You believe that your eSIM card is subject to unauthorized use, You should contact Customer Service immediately so that the appropriate changes can be made to your account.
The eSIM card is assigned to the owner of the Device when placing the order. The owner of the Device remains responsible for its use at all times, including in the event of a change of ownership of the Device.
The Product is intended to be used for browsing the web, using email, downloading applications and content to and from the internet or third-party applications, and for using applications and content without excessive contribution to network congestion.
Under no circumstances will you use the Product for any unlawful, abusive or fraudulent purpose, including, for example, use of the Product that interferes with our ability to provide the Product to You or other Customers; abuses a promotional program or benefits; or circumvents your obligation to pay for the Product. You will not use the Product in any manner that harms network capacity or security, contributes excessively and disproportionately to network congestion, adversely impacts network service levels or legitimate data flows, which degrades network performance, or which causes harm to the network or other clients.
You will not take any action that, in Sim To World's opinion, would interfere with the Product or other Sim To World customers, infringe the rights of any third party, or otherwise constitute improper conduct. If we have reason to believe that You, or anyone else using your eSIM card, is misusing the Product or otherwise violating this Agreement, we will be entitled to immediately suspend, restrict or cancel your eSIM card and your ability to use the Product, without any notice. In addition, we reserve the right, in our sole discretion and for any reason, to suspend, restrict, modify or terminate your eSIM card and your access to and use of the Service and/or refuse to authorize You to subscribe to new Data Plans. You are liable for all charges relating to your account, whether or not incurred by You personally, with the exception of those incurred after You have informed Customer Service of the loss or theft of your eSIM card. , and that Customer Service has acknowledged receipt of this report in writing.
Eligibility
If You are under 18 years of age, your parents or legal guardian must also read and agree to be bound by these T&Cs. You agree that You are responsible for paying the fees for use of the Product, or if You are under 18 years of age, that You are authorized to use the Product by the adult responsible for paying the fees.
You acknowledge that Sim To World may immediately suspend certain services in order to comply with applicable laws. You are solely responsible for the content that You transmit through the Product. We will not be held responsible for any content You send or receive.
You are responsible for informing Customer Service as quickly as possible of any change to your contact details.
Costs
To use the Product, You must have a valid Data Plan. For a Data Plan to be valid, it must not be exhausted or expired, and it must be valid in the country in which You are located at the given time. You can check if You have a valid Data Plan from your Simweb personal space. When You use the Product and your Data Package runs out (it is exhausted or expired), Internet access will be automatically suspended, but You will still have access to your Simweb personal space.
Your Data Plan will be charged based on your use of the Product (based on your consumption of your data provision).
Your data provision provided by the Plan can only be used for our Product on your Device, and You will under no circumstances be entitled to receive a refund in the event of any remaining credit or provision, unless expressly provided otherwise in the this Agreement. Credit and reserves are not transferable, and no interest on reserves or credit balances will result in payment.
Taxes and other fees
You are responsible for paying all taxes, fees, surcharges and other charges that we charge You for the Product, unless You are able to provide proof of exemption satisfactory to us. We will not provide notice of changes in taxes, fees, surcharges and other charges unless required by applicable law.
When might we suspend or disconnect your Product?
We may, without incurring any liability to you, suspend or disconnect the Product and/or your eSIM card, without notice:
a) If we are justified in terminating this Agreement due to your failure to comply with it but choose to allow you to correct your failure where reasonably possible.
b) If the Government and/or an emergency service agency or any other competent body or lawful authority requests us to do so.
c) In the event of repairs or maintenance, or for safety or operational reasons.
d) If we notice fraudulent or unusual usage of your eSIM card or one or more services (e.g. abnormally high usage patterns).
e) If we have good reason to believe that You are in breach of this Agreement.
f) If Sim To World or its partners are informed that your eSIM card has been stolen/lost/damaged or destroyed.
g) If your eSIM card or Device interferes with normal network operation or if your account goes unpaid.
h) If You do not use the Products in accordance with applicable local laws and regulations.
i) If You have not used the Product since your acquisition of the eSIM card and/or if You have not recharged your account after your credit expired for an extended period of time.
j) If you have not used the eSIM card after a period of twenty-four (24) months.
If we suspend or disconnect your Product, we will give You the opportunity to restart the Product for a period of 3 months following the suspension of the Product, provided that you meet the conditions of Sim To World.
Internet access
We make no warranty as to the accuracy, completeness, reliability, or continued provision of any content or information displayed on third-party sites or resources accessed through the Product.
We will not be liable for any damages in the event that a virus infects your equipment, whether transmitted through the Product or otherwise. It is your responsibility to protect your equipment with appropriate antivirus software.
Devices
You must use the Product in accordance with this Agreement and any other reasonable instructions that we or Customer Service may give to You from time to time. You are responsible for verifying that your device is compatible with eSIM technology.
Compensation
You agree, at your expense, to defend, indemnify and hold harmless Sim To World and its affiliates, subsidiaries, shareholders, directors, officers, employees and representatives from any and all claims, causes of action, actions, judgments , liabilities and/or damages (including, without limitation, reasonable expenses and legal costs) arising from your use of the Product, your Account (including use of your Account by a third party) and this Agreement , or relating to it.
Limitation of liability
EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT OF FEES WE CHARGE YOU FOR YOUR ACTUAL USE OF THE PRODUCT DURING THE PRECEDING ONE MONTH PERIOD. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT OR REVENUE, OR INCREASED OPERATING COSTS, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE MANNER IN WHICH THE CLAIM IS MADE OR REGARDLESS OF THE LEGAL BASIS ON WHICH IT IS BASED (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR 'ANOTHER WAY).
No guarantee
WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, WARRANTIES OF TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY SERVICE, PRODUCTS OR SUPPORTS PROVIDED UNDER THIS AGREEMENT AND ON THIS WEBSITE. WE ALSO DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, REPRESENTATIVES OR AGENTS, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH GUARANTEE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE, BECAUSE THE PRODUCT IS PROVIDED IN PART OVER NETWORKS WHICH ARE NOT SUBJECT TO OUR CONTROL, THAT THEY ARE SUBJECT TO FAILURES, INTERRUPTIONS AND INTERCEPTION, AND THAT WE DO NOT ARE IN NO EVENT LIABLE FOR SUCH FAILURES, INTERRUPTIONS OR INTERCEPTIONS. SIM TO WORLD IS NOT RESPONSIBLE FOR THE CONTENT OF COMMUNICATIONS TRANSMITTED VIA THE SERVICE.
Protection of personal data
“Personal data” means any information relating to an identified or identifiable natural person. An identifiable natural person is a person who can be identified, directly or indirectly, in particular through an identifier such as a name, an identity document, an identification number, geographical coordinates, economic information , an online identifier or one or more factors specific to physical identity.
Your Personal Data is collected by Sim To World in order to optimize the proper functioning of the Product and to comply with relevant laws and regulations regarding user identification. This data will be deleted at the end of your contract, or within one year following the end of the contract in the event of an identification obligation, unless a longer retention period is imposed or authorized by the applicable right.
Your Personal Data is collected by Sim To World in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free circulation of this data (“GDPR”).
In particular, the security and confidentiality of your Personal Data will always be protected in accordance with the GDPR, even if You are not a national of a member state of the European Union.
The processing of your Personal Data will only be carried out by Sim To World or its partners, provided that the latter are subject to contractual clauses concluded with Sim To World in compliance with the GDPR.
In the event of transfer of your Personal Data outside the European Union, protection similar to European regulations will be provided.
You always have the right to access and rectify your Personal Data as well as the right to object to the processing thereof. To exercise any of these rights, please contact Customer Service at the following address: support@e-simweb.com .
Brands
All Sim To World company names, service marks, logos, trade names, trademarks, website names and domain names (collectively, the “Marks”) are and will remain the exclusive property of Sim To World, and nothing contained in this Agreement authorizes You to use these Marks without our prior written permission.
Transfer
We may assign all or any of our rights and obligations under this Agreement to any party at any time without notice. In such event, we will have no further obligation to you with respect to such assignment. You may not assign your rights and obligations under this Agreement without our prior written permission.
Severability of clauses
In the event that any provision of this Agreement is found to be invalid, illegal or unenforceable, the other provisions of this Agreement will remain in force.
Integration – Entire contract
This Agreement, together with any written modifications and amendments, shall constitute the entire Agreement between You and Sim To World relating to the Product, and supersede all prior or contemporaneous agreements or arrangements, whether written, electronic or verbal, between You and Sim To World. No written or verbal declaration, advertising or service description which is not expressly contained in the Contract may contradict it or provide any explanation, modification or addition. You accept and acknowledge that you do not rely on any statement made by Sim To World that is not included in this Agreement.
Force Majeure
Sim To World will under no circumstances be held responsible for any delay in performance or non-performance of any part of this Agreement to the extent that such delay or non-performance is caused by fire, flood, explosion, war, embargo, governmental requirement, civil or military authority, natural disaster or any other similar cause beyond the control of Sim To World.
No waiver
The failure of Sim To World to exercise any of its rights hereunder following a breach by a Customer or under any term, agreement or provision contained therein ( (e) in this Agreement shall not be construed as a waiver of that right, nor as a waiver of such or any subsequent default.
Applicable right
If You are a distributor, this Agreement will be exclusively governed by and interpreted in accordance with French law. In the event of any claim or proceeding initiated under this Agreement, You agree to submit to the exclusive jurisdiction of the courts of Valenciennes, France. In the event of any action to enforce this Agreement, including, without limitation, an action brought by Sim To World to recover fees owed hereunder, You will pay Sim To World's reasonable attorneys' fees and costs associated with this action. You accept and acknowledge that this provision of applicable law applies regardless of your place of residence and regardless of where You use or subscribe to the Product.
Unless otherwise provided in applicable law, if You are a consumer, You are also subject to the exclusive jurisdiction of the courts of Valenciennes, France.