Terms Of Use
Last updated: (02/04/2023)
1. VALIDITY OF GENERAL TERMS AND CONDITIONS
The following terms and conditions (The “Terms”) shall apply to all services (The “Services”) rendered by Simly (The “Company”), a company duly registered in the DIFC under number CL5941 and established at the following address Unit 02, Level 7, Gate Village Building 10, Dubai International Financial Centre, on the website and/ or application (The “Platform”) operated by the Company in connection with the prepaid eSIM reselling.These Terms shall govern the user’s use of the Platform and will constitute a legally binding agreement (The “Agreement”) between the user and the Company, noting that the user (“The User”) refers to any user or customer of the Platform of the Company. By accessing and using the Platform, the User agrees and acknowledges to be bound by this Agreement, regarding the specific matters herein, without any need for his/her handwritten signature. Therefore, in the event the User disagrees with these Terms (or this Agreement) generally or partially, he/she must not use the Platform. This Agreement is applicable to all Users, visitors and others who access or use the Platform.
2. DESCRIPTION OF SERVICES
2.1. eSIM RESELLING
The Services of the Company include reselling prepaid eSIMs. The User registers and buys his/her eSIMs on onelink.to/simly. The Platform and payments are operated by Stripe (https://stripe.com) with an alias of your credit card (virtual Credit Card Imprint) as regulated in the Terms below.
2.2. ACCOUNT MANAGEMENT AND SECURITY
By using the Platform, the User warrants and represents to the Company that he/she is at least (i) 18 or older, or (ii) 13 and older if either (a) an emancipated minor, or (b) he/she possess legal parental or guardian consent and that he/she is not a person barred from entering into contracts under his/her local jurisdiction, otherwise he/she must refrain from using the Platform. In order to be able to use the Platform, the User will have to accept the Terms, to register for an account by completing and submitting the account registration form on our Platform, to provide contact information and identification details (as first name, last name, billing address, email address…) as well as to submit any other form of authentication as required by the Company including but not limited to sending a verification code by text message or push notification, as the Company deems fit. The User agrees and acknowledges that he/she will be solely responsible for all types of activities that may occur under his/her account and password, for protecting the confidentiality of his/her password, for impeding any other person to use his/her account to access the service and for notifying the Company in writing immediately if he/she is aware of any unauthorized use of his/her account.The Company reserves the right to refuse or cancel or remove any person from the Platform and from the use of the Platform for any reason whatsoever, at any time without notice. By using the Platform, the User consents to the use of cookies by the Company in conformity with the terms of our Privacy Policy.
2.3. DISCLAIMER
The Company shall use reasonable endeavors to provide User quality of service. However, the Company does not guarantee that the service will not be interrupted, furnished on due time, safe or fault-free.The Company is providing the Platform as is and makes no representations, covenants or express or implied warranties including but not limited to the merchantability, suitability, fitness for a particular use or purpose and non-infringement of the Platform membership and to any content, actions, accuracy of information and data of third parties on the Platform.The Company tries to keep the Platform up, bug-free, knowing that the User uses it at his/her sole risk.The Company disclaims any warranties that access to the Platform will always be safe, secure, virus-free or error-free or that the Platform will be functioning without failure of performance, omission, interruption, deletion, delay in operation, destruction or unauthorized access to, alteration of, or use of record.Downloading any content from the Platform will be at the User’s own discretion and risk and he/she will be solely responsible for any damage to his/her computer system or loss of data resulting from the downloading. In no event shall the Company, or any person or entity involved in providing the Platform be liable for any damages, including but not limited to direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Platform.The Company is not responsible for any content that Users, subscribers or any unauthorized user may post on the Company’s Platform. The Company reserves its right to change, alter, delete and prohibit any illegal content, in its sole discretion after notifying the User to withdraw it within a reasonable delay. For any requests please write an email to hello@simly.io
2.4. USER ENGAGEMENTS
Aiming to keep the Platform as safe as possible, the User represents that he/she will not be using the Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Therefore, the User will not post any illegal, defamatory, libelous, threatening, obscene or otherwise objectionable material, any content that is hate speech, pornographic, any content that infringes intellectual property rights including without limitation copyright, moral right, database right, trademark right, any content that violates the rights of others or that invades privacy of others after the use of automated means to collect users’ content or data or post any unauthorized commercial communications (such as spam) on the Platform. The User commits not to act in an illegal manner on the Platform such as uploading computer viruses, malicious codes, impairing the proper working of the Platform such as denial of service attack, bullying, intimidating and harassing a user in order to obtain login information pertaining to him/her. When the User is in breach of its obligations under this Sec. 2.4, the Company may suspend the User’s use of the Service. The Company will notify the User as soon as reasonably practicable of the suspension. During any period of suspension, the User shall continue to pay all Charges due under this Agreement in respect of the suspended Services.
2.5. DEVICE COMPATIBILITY
It is the User's responsibility to ensure that the device is eSIM compatible and network-unlocked. By checking “I have an eSIM compatible and network-unlocked device” for proceeding with the purchase, the User is held responsible for this information. As device compatibility may depend on the carrier and country of origin, the User must check the list of eSIM compatible devices provided at the checkout. The eSIM compatibility list is not exhaustive, meaning that there might be newly announced eSIM compatible devices that have not yet been added.
3. START, DURATION, AND TERMINATION OF THE CONTRACT
The service contract between the Company and the User starts upon completing an order at the Company’s Platform onelink.to/simly. The Activation of the eSIM and acknowledgment of the Activation Policy is the User’s responsibility. The contract will be terminated in case the User does not have an active data package or has deleted the eSIM from the device.The Company reserves the right to terminate these Terms or stop providing the Platform after notifying the User within a reasonable delay for any cause it deems reasonable at its own and full discretion and, in the event of a breach of these Terms in any way or if the Company reasonably suspects that he/she has breached these Terms in any way.
4. CHARGES AND PAYMENT
4.1. PAYMENT CONDITIONS
The payment of the Company’s services is made by Credit Card, Google Pay, and Apple Pay. The currency of payment is US Dollars($). The credit card transaction will be processed and secured by the Company’s provider Stripe (https://stripe.com).4.2. CHARGES FOR USE4.2.1. The Company states all Charges inclusive of VAT, unless specified otherwise.4.2.2. The User shall not be entitled to set off any of its claims against claims of the Company, except where the User’s claims are undisputed or have been confirmed by final court judgment. 5. DELIVERY The User will immediately see the purchased eSIM under the “My eSIMs” tab on the Platform. The User will receive a confirmation email after the purchase of the Service. All the information for installing the eSIM will be available only on the User’s Company account.
6. REFUND / CANCELLATION / MODIFICATION POLICY
The User has the right to ask for a refund or a change if the eSIM can not be installed and used due to a technical problem originating exclusively from the Company.
6.1. REFUNDS AND CANCELLATION
6.1.1. POLICIES AND GUIDELINES
6.1.2. A refund request can be made within thirty (30) days from the date of purchase when the activation is no longer possible following extensive troubleshooting.
6.1.3. If the eSIM is already in use and an issue arises that originates from the Company that cannot be resolved within a timely manner, a refund can be issued for the remaining data.
6.1.4. Cooperation of the User to resolve the issue promptly is extremely necessary as otherwise, the refund may not be granted.
6.1.5. Each data package has its own validity period. No refunds of any form will be offered for the remaining data when the validity period expires.
6.1.6. Compensation: No refunds or remuneration of any kind will be issued due to charges from alternate phones, alternate SIM cards, hotel phones, or other charges that are not directly linked to the User’s Simly eSIM account. (See section 23. DISCLAIMER of the Terms)
6.1.7. Fraudulent purchases: The Company reserves the right to refuse any form of refund if there is any evidence of abuse, violation of our terms and conditions, or any fraudulent activities that are connected with using the Company’s Services.
6.1.7.1.Unauthorized purchases: The case will be subject to investigation and approval before processing any refund. The Company reserves the right to suspend any account associated with any form of fraudulent activity.\6.1.8. Accidental purchases: Once User installs the eSIM, it will be considered as used. No refunds of any form will be offered.
6.1.8. Accidental purchases: Once User installs the eSIM, it will be considered as used. No refunds of any form will be offered.
6.1.9. Incorrect charges: If the User reasonably and in good faith disputes an invoice or part of it, the User shall notify the Company of such dispute within 12 days of receipt of the invoice, providing details of the reasons for which the invoiced amount is incorrect and, if possible, how much the User considers is due. (See details in section 4.2 CHARGES FOR USE under Terms and Conditions)
6.1.10. Other Reasons: If the refund request is not within the above, we will investigate the request on a case-by-case basis. If the refund is approved, a processing fee may apply. The maximum refund of credit a User can apply for must be equal to or less than the total amount they paid.
6.1.11. REFUND PROCESS
To request a refund, contact the Company support team via the Contact Us page or send a message to hello@simly.io. Please be aware that our refund policy above will apply. Depending on the nature of the issue, Users will be asked for further information to support their refund request such as screenshots of the device settings for technical issues or details of why the invoiced amount is incorrect and, if possible, how much the User considers is due, etc. Please refer to section 6.1.2 in this same document for refunds related to technical issues. Users will have the option to credit back through their original payment method. Refund to the original method: Once a refund is approved and issued, it can take 5-10 business days to appear on the statement depending on the bank.
6.2. MODIFICATION
The eSIM data packages from the Company are offered as-is and no further modifications or customization can be made based on individual requests once purchased.
8. INDEMNITIES
The User agrees to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to his/her use of the Platform and/or his/her breach of any representation, warranty, or other provision of the Terms.
9. CHANGES
The Company may change these Terms from time to time. The Company will give the User written notice of any revision of these Terms and the revised Terms will apply to the use of the Platform starting from the date of notifying him/her. Therefore, he/she will have the opportunity to review and comment on the revised Terms before continuing to use the Platform. If the User does not agree to the revised Terms, he/she must stop using the Platform. So, if he/she continues using the Platform after being notified, this means that he/she has read and accepted the revised terms.
10. SEVERABILITY
In the event a provision of these Terms is determined by any court or other competent authority to be unlawful and/ or unenforceable, that part will be deemed to be deleted, and the rest of the provisions will continue in effect.
11. WAIVERS
The omission of the Company to act concerning a breach of these Terms committed by the Users, visitors and others who access or use the Platform, does not waive the right of the Company to act concerning subsequent similar breaches.If any content on this Platform, or the User’s use of the Platform, is contrary to the laws of the place where the User is when he/she accesses it, the Platform is not addressed to him/her, and the Company asks the User not to use the Platform. The User is responsible for informing himself/ herself of the laws of his/ her jurisdiction and complying with them.
12. THIRD PARTY CONTENT
The content available through the Platform illustrates the opinions of information providers, Users or other visitors not bound by contract with the Company. The Company is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Platform by anyone other than authorized employees of the Company while acting in official qualities. The Platform contains links to third party Websites, provided solely as a convenience to the Users and not as an endorsement by the Company of the contents on such third-party sites. The Company disclaims any representation or warranty regarding this content and the User’s access to those websites is under his/ her sole risk.