Terms and Conditions

1. Introduction

1.1. These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you (the “User“) and Avelsky Limited, a private limited company (“Avelsky“, “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 Avelsky (the “Service“).

1.2. Future agreements between the User and Avelsky may in addition be subject to supplemental terms and conditions or documents that may be posted on our website or application (the “Application“).

1.3. We recommend that you print a copy of these Terms and Conditions for future reference.

2. Registration

2.1. The User may register to purchase an eSIM through our Application. The User must accept the Terms of Use to register and purchase an eSIM. Avelsky’s Privacy Policy and Cookies Policy are displayed on the Application when the User registers to purchase an eSIM.

3. Purchase of an eSIM and Activation

3.1. If you purchase an eSIM from us (via the Application), you enter into an agreement with us for the purchase of the eSIM and agree to pay to us all applicable charges in accordance with the Data Plan for the eSIM purchased.

3.2. 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 us the full price of the eSIM.

3.3. You may purchase an eSIM through one of Avelsky’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 Avelsky is not a party to such an agreement.

3.4. Avelsky shall make available Data Plans which relate to specific countries. Avelsky 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.

3.5. By availing of the Service, the User acknowledges that they have an unlocked, eSIM-compatible Device, which is required in order to access the eSIM.

4. Duration and Termination

4.1. This Agreement shall commence once you purchase the eSIM. After you have downloaded the eSIM onto your Device and the Data Plan is activated, the downloaded eSIM shall continue to remain on your Device after credit has been expended on your Data Plan or your Data Plan has expired. The User may choose to remove the eSIM via their Device settings at any time, however we recommend that the User does not remove the eSIM until their Data Plan has been consumed or expired. The download of the eSIM and the activation of any Data Plan may require a stable internet connection.

4.2. The duration of the term of this Agreement will be until the Data Plan has expired or until credit has been expended in accordance with the Data Plan purchased.

4.3. This Agreement will terminate immediately upon any of the following events occurring:

4.3.1. consumption or expiry of the Data Plan by the User in accordance with clause 4.2; or

4.3.2. suspension by Avelsky of the User’s use of the eSIM or Data Plan for breach of these Terms and Conditions (including any breach of applicable laws).

4.4. Upon termination in accordance with clause 4.3.1, if you do not delete the eSIM immediately from your Device upon consumption or expiry of the Data Plan, the eSIM shall be provided to you on an “as is” basis without a warranty of any kind. Avelsky shall have no liability to you for such eSIM in accordance with this clause 4.4 until such time that you purchase any further eSIM or Data Plan from us, at which point these Terms and Conditions shall apply.

5. Warranty

5.1. These Terms and Conditions are in addition to your statutory rights as a consumer.

5.2. Avelsky gives no warranty and makes no representations in relation to the eSIM, or the Service, and all warranties and conditions (save to the extent that they are required by applicable laws) whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

5.3. Avelsky reserves the right, at its sole discretion, to discontinue the sale, provision, or support of any eSIM at any time.

6. Service Availability

6.1. Avelsky shall take commercially reasonable steps to make the Service available to you at all times, contingent upon Avelsky and its service providers’ ability to maintain network capacity and connection availability.

6.2. Avelsky partners with service providers to provide the Service. Avelsky is under no obligation to inform the User if it engages service providers to assist in performing the Service.

6.3. Avelsky does not guarantee network capacity, network quality, or connection availability of the Service. This includes (but is not limited to) any of the following circumstances:

6.3.1. when our service providers need to perform upgrading, maintenance, or other work on their network services;

6.3.2. when you are in areas not covered by the network of our service providers or in accordance with the areas specified in your Data Plan;

6.3.3. where factors outside of our control cause disruption, such as disruption caused by the features or functionality of your Device, regulatory requirements, faults in communication networks, the weather, radio interference, or other physical obstructions.

7. User Obligations

7.1. The User agrees that it shall:

7.1.1. use the eSIM in compliance with these Terms and Conditions;

7.1.2. use the eSIM in accordance with all applicable laws and regulations of the country in which the User is present or ordinarily resident;

7.1.3. not use the eSIM to engage in any action that is fraudulent, criminal, or illegal or causes the network to be impaired or damaged;

7.1.4. not use the eSIM to copy, store, modify, publish, or distribute Avelsky’s commercial information (including trade secrets) except where we give you permission;

7.1.5. use the eSIM to download, send or upload content of an excessive size, quantity, or frequency; and

7.1.6. not use the eSIM in a way which breaches the intellectual property rights of a third party.

7.2. The User agrees 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.

7.3. The User agrees that Avelsky may suspend the Service in the case of breach of these Terms and Conditions. The User shall be liable and shall pay all charges due under these Terms and Conditions in respect of the suspended Service. Avelsky reserves the right to seek remedies and damages (including legal costs) to the fullest extent permitted by law.

7.4. Avelsky, in its sole discretion and without liability to the User, reserves the right to remove a User’s Application account, disqualify a User from future use of the Service, or disqualify a User from any Promotions.

8. Payment Terms

8.1. The User may register and buy the eSIM on the Application. Payment shall be processed by an authorized agent of Avelsky.

8.2. All eSIMs are prepaid, and prices are inclusive of any Indirect Tax, unless specified otherwise. Indirect Tax will be levied on the basis of the postcode provided by the User when submitting payment information to Avelsky.

8.3. “Indirect Taxes” in this clause 8 means any sales tax, value-added tax, and any similar levies or taxes as may be applicable at the time of sale of the Data Plan relating to an eSIM.

9. Legal Right of Withdrawal

9.1. If you are purchasing an eSIM as a consumer, you have the legal right to withdraw from this Agreement within 14 days without giving any reason. The withdrawal period will expire 14 days after you purchase an eSIM, or if earlier, up to the date on which the eSIM is activated and the Data Plan is consumed or depleted, the latter scenario in which we will provide you with a partial refund proportionate to the reduction in value of the eSIM or Data Plan.

9.2. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the Agreement by an unequivocal statement. Please contact Avelsky Limited, c/o Customer Support, the details of which can be found at section 13 below.

10. Refund and Returns Policy

10.1. You will be entitled to a refund if you purchase an eSIM from us and the following conditions are met:

10.1.1. You withdraw from this Agreement in accordance with clause 9.1; or

10.1.2. The eSIM or Data Plan cannot be used due to an issue with our Application or Service or there is a fault with the eSIM or Data Plan and we determine that a refund is appropriate in the circumstances.

10.2. For details of our returns procedure, or to make a return, please contact Customer Support.

11. Intellectual Property

11.1. All intellectual property rights in the eSIM or relating to the Service are owned by Avelsky, our partners, or our licensors. This includes all rights in the technology, processes, software, and content relating to the eSIM and Service.

11.2. The User agrees that they will not infringe on any of the intellectual property rights owned by Avelsky or its partners or licensors.

12. Complaints

12.1. If you have any complaints about the eSIM or Service, please contact us at the details provided in section 13 below. We will respond to any complaints as quickly as possible.

13. Contact us

13.1. If you have any questions or comments about these Terms and Conditions, please contact **Avelsky Customer Support via email help@avelsky.com