Last update on 26 May 2024
1.1. These Terms and Conditions constitute a binding agreement ("Agreement") between you (the "User") and Destination Sim Pty Ltd, a private company registered in Australia with its principal office at [Insert Address] ("Destination Sim", "we", or "us"), regarding your acquisition of an international data plan ("Data Plan") linked to a prepaid eSIM ("eSIM") for use on your personal device ("Device") via Destination Sim (the "Service").
1.2. Future agreements between the User and Destination Sim may also be governed by additional terms and conditions or documents that may be published on our website or application (the "Application").
1.3. We recommend printing a copy of these Terms and Conditions for future reference.
2.1. Users can sign up to buy an eSIM through our Application. Acceptance of the Terms of Use is necessary to register and buy an eSIM. Destination Sim’s Privacy Policy and Cookies Policy are displayed on the Application during registration.
3.1. By buying an eSIM from us through the Application, you agree to pay all applicable fees in accordance with the Data Plan for the eSIM purchased.
3.2. You assume responsibility for the eSIM once it is delivered. If you damage or lose your Device before the eSIM is fully paid, you are still obligated to pay the full amount.
3.3. You may also acquire an eSIM through our partners ("Third Parties"). In such cases, the agreement is with that Third Party, and Destination Sim is not a party to it.
3.4. Destination Sim provides Data Plans for specific countries and reserves the right to limit availability in certain regions. Users can search, select, and purchase Data Plans on the Application or through Third Parties.
3.5. By using the Service, you confirm that you have an unlocked, eSIM-compatible Device.
4.1. This Agreement starts once you purchase the eSIM. After downloading the eSIM to your Device and activating the Data Plan, the eSIM remains on your Device even after the Data Plan expires or the credit is depleted. You may remove the eSIM via Device settings at any time, though we suggest waiting until the Data Plan is consumed or expired.
4.2. The Agreement lasts until the Data Plan expires or the credit is used up.
4.3. This Agreement will end immediately if:
4.3.1. the Data Plan is used up or expires; or
4.3.2. Destination Sim suspends your use of the eSIM or Data Plan for breach of these Terms and Conditions.
4.4. Upon termination due to clause 4.3.1, if you do not delete the eSIM from your Device, it will be provided on an "as is" basis without warranty. Destination Sim has no liability for such an eSIM until a new eSIM or Data Plan is purchased, at which point these Terms and Conditions will apply.
5.1. These Terms and Conditions are in addition to your statutory consumer rights.
5.2. Destination Sim provides no warranty or representations regarding the eSIM or the Service, and all implied warranties and conditions are excluded to the extent permitted by law.
5.3. Destination Sim reserves the right to discontinue the sale, provision, or support of any eSIM at any time.
6.1. Destination Sim will take commercially reasonable steps to ensure Service availability, dependent on network capacity and connection availability.
6.2. We partner with service providers to deliver the Service and are not obligated to inform Users of such engagements.
6.3. Destination Sim does not guarantee network capacity, quality, or connection availability due to:
6.3.1. maintenance or work on network services by our providers;
6.3.2. User location outside of coverage areas;
6.3.3. external factors like Device functionality, regulatory requirements, weather, or physical obstructions.
7.1. The User agrees to:
7.1.1. Use the eSIM in accordance with these Terms and Conditions;
7.1.2. Comply with all applicable laws and regulations;
7.1.3. Refrain from using the eSIM for fraudulent, criminal, or illegal activities or to damage the network;
7.1.4. Not misuse Destination Sim’s commercial information;
7.1.5. Avoid downloading, sending, or uploading excessive content;
7.1.6. Respect third-party intellectual property rights.
7.2. Users must not misuse promotions or create fake registrations.
7.3. Destination Sim may suspend the Service for breaches of these Terms and Conditions, with Users still liable for charges.
7.4. Destination Sim reserves the right to remove User accounts or disqualify Users from promotions without liability.
8.1. Users can register and purchase the eSIM on the Application, with payment processed by an authorized agent.
8.2. All eSIMs are prepaid, and prices include Indirect Tax unless specified otherwise. Tax is based on the User's postcode during payment submission.
8.3. "Indirect Taxes" refers to sales tax, value-added tax, and similar levies at the time of Data Plan purchase.
9.1. Consumers can withdraw from this Agreement within 14 days of eSIM purchase unless the eSIM is activated and the Data Plan consumed, in which case a partial refund proportional to the eSIM or Data Plan's value will be provided.
9.2. To withdraw, Users must inform Destination Sim through an unequivocal statement. Contact details are provided in section 13.
10.1. The Service will conform to these Terms and Conditions. If not, Users may be eligible for a full or partial refund.
10.2. Full refunds require:
10.2.1. The eSIM was purchased via the Application;
10.2.2. The eSIM has not been activated;
10.2.3. The purchase was made within the last 6 months.
10.3. Partial refunds may be issued if:
10.3.1. The Data Plan is partially or fully consumed; or
10.3.2. Network infrastructure issues prevent eSIM functionality.
10.4. Refunds are available for incompatible or locked Devices if the purchase requirements are met.
11.1. The eSIM and all associated content are proprietary to Destination Sim or its licensors, protected by copyright, trademark, and other intellectual property laws.
11.2. No part of the eSIM, Application, or associated content may be used for commercial purposes without our prior written permission.
12.1. By purchasing an eSIM, you acknowledge that Destination Sim will process your personal data to provide, monitor, and improve the Service, and to prevent unauthorized use.
12.2. For more information, see our Privacy Policy and Cookies Policy.
13.1. Users agree to indemnify Destination Sim and its affiliates against all losses, costs, damages, and claims arising from:
13.1.1. Breach of these Terms and Conditions;
13.1.2. Unauthorized use of the Service.
14.1. To the extent permitted by law, Destination Sim excludes liability for any loss or damage related to the Service, eSIM, or Data Plan. Our liability will not exceed the charges paid by the User in the 12 months preceding the event or AUD 100, whichever is greater.
15.1. These Terms and Conditions are governed by Australian law, with disputes subject to the exclusive jurisdiction of Australian courts.
15.2. Local laws may also apply to your use of the eSIM.
15.3. The Service and Application are not intended for use in jurisdictions where they would be contrary to relevant laws or regulations.
16.1. We may update these Terms and Conditions, with changes posted on our Application and adequate notice provided. Continued use of the Service constitutes acceptance of changes.
17.1. Destination Sim may assign its rights and obligations under this Agreement without User consent.
17.2. If any part of this Agreement is found to be illegal, invalid, or unenforceable, it will be modified to make it legal, valid, and enforceable.
17.3. No delay or failure to exercise any right or remedy under this Agreement will constitute a waiver of that right or remedy.
17.4. This Agreement is drafted in English, and the English version prevails in case of conflict with translations.
For further information, feedback, or complaints, contact our support team 24/7:
- Email: help@destinationsim.com
- WhatsApp: +44 7822 0144 76 (available 9.00 – 17.00 AEST)
- Business enquiries: business@destinationsim.com