Your agreement with eSimora
1. About the Company
eSimora is a trading style of TRAVEL ROAM LTD., a company incorporated in England and Wales (registered no. 14867367) and whose registered office is at 86-90 Paul Street, London, England, EC2A 4NE (herein “eSimora”).
References to "we," "our," or "us" in these terms refer to eSimora, and references to "you" or "your" refer to the individual who purchased a Plan through our website and the individual enrolling their eSIM for the first time with a mobile network for a Plan, or Plans, purchased for the nation in which Activation occurs;
A person or business that refers you to us for the purchase of Mobile Data Services is referred by an affiliate; this includes, but is not limited to, a link on a website for a loyalty programme that directs you to our website;
A compatible mobile device is one that can connect to a mobile data network and use eSimora's eSIM Mobile Data service without a physical subscriber identification module. A list of compatible mobile devices is available on our website, though it may occasionally be updated by us without prior notice.
Any person or organisation with pertinent legislative authority over you, us, or the Mobile Data service is considered a Competent Authority;
Consumer refers to any anyone who is a natural person and who enters into this Agreement or uses the Mobile Data services for purposes other than their business, trade, or profession;
Group Companies refer to any subsidiary of eSimora, its parent(s), and any subsidiaries of those parent(s);
eSIM refers to the profile provided by Supplier for the purposes of utilising Mobile Data services on a Compatible Mobile Device (including compatible tablets and laptops);
Mobile Data refers to GPRS, 3G, HSDPA, LTE, LTE+, and 5G mobile carrier network access that allows users to access the internet by receiving and transmitting electromagnetic energy over channels that are not created or arranged in such a way as to carry electromagnetic energy; and
Plan is the mobile data bundle you ordered from us through our website;
Any manipulative programme that alters other programmes and/or multiplies itself, as well as any malicious code or agent brought to a system with the intent to spy on users or cause damage, are referred to as viruses.
3. Plans
You have the right to ask for a refund or eSIM-replacement if the eSIM cannot be installed and used due to a technical problem from us.
REFUNDS AND CANCELLATION
1. POLICIES AND GUIDELINES
1. A refund request can be made within thirty (30) days from the date of purchase when the activation is no longer possible following extensive collaborative troubleshooting.
2. Cooperation with you to resolve the issue promptly is required for a refund to be granted.
3. Each data bundle has its own validity period. No refund of any form will be offered for the remaining data when the validity period expires.
4. Compensation: No refund or remuneration of any kind will be issued due to charges from alternate phones, alternate SIM cards, alternate providers, hotel phones, or other charges that are not directly linked to the Customer's eSIM account. (See LIABILITY AND WARRANTY in our Terms and Conditions)
5. Fraudulent purchases: We reserve the right to refuse any form of refund if there is evidence of abuse, violation of our Terms and Conditions, or any fraudulent activity connected with using our products and services.
6. Unauthorised purchases: The case will be subject to investigation and approval before processing any refund. We reserve the right to suspend any account associated with fraudulent activity.
7. Accidental purchases: Once Customers install the eSIM, it will be considered used. No refunds will be offered.
8. 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 Customer can apply for must be equal to or less than the total amount they paid.
From the time of activation until the included data limit is consumed or the term expires, all of our Plans contain a pre-loaded data allowance that is valid for the duration of the term specified when purchased. You will forfeit any remaining balance of any included data allowance if your Plan expires before all or part of it has been used.
Any plans that aren't activated within a year after purchase will expire without providing you with a refund. In order to activate a plan or plans, you may need to load a new eSIM onto your device(s) if the original eSIM is not utilised within twelve (12) months of allocation. By purchasing new Plans at the current pricing, you can acquire additional inclusive allowances on our website (subject to availability). We do not guarantee that any specific Plan will be offered or that any rates will remain the same in the future.
When you have used a particular percentage of your Plan and when the Plan is over, we shall make reasonable efforts to notify you via email and an SMS (to your eSIM). The mobile data connectivity from your smartphone will stop working until a new plan is activated, therefore you might need to utilise WiFi or another method to visit our website after the Plan has been used up.
Any inclusive data allowance you have can only be used in the nations listed when your plan was purchased.
4. Using our Mobile Data service
During brief trips outside of your usual country of residence, you may only use our Mobile Data service for your own personal use. You may not use the Mobile Data service for more than sixty (60) consecutive days in any one nation and you may only use it in compliance with our Acceptable Use Policy.
Our Plans do not offer voice calling or connection to the emergency services; they are solely a mobile data service.
The Mobile Data service is dependent on the coverage provided by our local network partners, which is not guaranteed, and it is not guaranteed to be error- or interruption-free. The quality of the Mobile Data service is impacted by a number of variables, including (but not limited to) atmospheric conditions, population density, other users' network usage, terrain, distance from the nearest cellular tower(s), and location within a building.
No matter how your inclusive data allocation was spent (which, for the avoidance of dispute, includes usage brought on by a virus), all of your usage of the Mobile Data service will be deducted from it. You are highly urged to keep your device secure (including, but not limited to, avoiding malicious or unintentional pairing), your account credentials secure, and to disable download or streaming services on devices with a Plan other than over WiFi.
By implementing traffic management rules, the integrity of the Mobile Data service may occasionally be protected by us or our partners. Details of these controls will be published on our website and may be updated by us (without notice) from time to time.
5. These Terms
In all other cases, we must give you at least thirty (30) days' written notice before changing these terms, unless we are forced to do so by law or by a competent authority.
You may terminate this agreement in writing and receive a pro-rata refund of any remaining Plan(s) if you are a Consumer and you object to any change in terms (with the exception of changes that we deem to be merely administrative, such as those required by law or by any Competent Authority), or to changes that are beneficial to you.
6. Our Liability
We only have obligations to you under this Agreement. Nothing else obligates or binds us to you. Nothing in this Agreement diminishes or restricts our responsibility for wrongful death or personal harm brought on by our actions or inactions, or for any deceptive representations we may have made to you.
Our total liability to you for anything we or anybody working for us does or does not do is limited to 30,000 TRY for one incident or 100,000 TRY for multiple incidents within any twelve (12) month period, except as stated in the previous two paragraphs.
We are not liable to you in any way for any loss or damage that was not reasonably foreseeable at the time you joined this Agreement if you use the Mobile Data service in the course of your trade or profession. Loss of revenue, business, anticipated savings (i.e., expenses you anticipated avoiding by using the Mobile Data service), anticipated profits, loss of property, and loss of use of property are just a few examples.
If you are a Consumer, we have no obligation to make up for any lost revenue, profits, or other losses that were not reasonably anticipated when you entered into this Agreement.
Any claim must be reported to us as soon as is practical. If something out of our control prevents us from performing our obligations or offering the Services, we won't be held responsible to you. Whether a virus entered your devices via the Mobile Data services or another means, we will not be liable for any damage you sustain as a result. For any Charges associated with the usage of any Services activated by such a Virus, you are still liable.
Even when this agreement is ended, this clause 6 will still be in effect.
7. Suspension of the Mobile Data service
If: Our network or the network of our partners experiences a malfunction or requires maintenance, we may immediately cease the Mobile Data services, cancel this agreement, and detach any eSIM from our network. We'll make an effort to prevent this from happening frequently if You or anyone using your Plan violates the terms of this Agreement or any other Agreement with Us.
Any suspension period will be deducted from the duration of any Plan.
In addition to the other options described in this agreement's point 4 for suspending or terminating the Services, we also have the rights outlined in this agreement's point 7 for doing the same with this agreement.
8. Your Right to Terminate this Agreement
This agreement may be terminated by you at any time, and any notice of termination shall take effect on the final day of the period during which any bought Plans are valid. Except in cases where the agreement is cancelled in accordance with point 5 of this agreement, termination does not give rise to any claim to a credit for unused allowances.
9. Our Right to Terminate this Agreement
If any of the following occurs, we may immediately terminate this Agreement (without giving you a refund): You violate one or more significant terms of this Agreement, or a number of less significant terms; a Competent Authority's ruling or the law compels us to do so; You violate a less important term of this Agreement and fail to remedy it after we urge you to within seven (7) days;
We may terminate this Agreement immediately and shall reimburse to you any Plan or Plans that have not been fully activated within a reasonable timeframe, or a reasonable pro rata amount for any Plan or Plans that have been activated but have not yet expired or been fully utilised:
We are unable to provide the Mobile Data service in the country or countries indicated for a certain Plan or Plans, or We are required to do so by law or a decision of a Competent Authority and that law or decision of a Competent Authority compels us to provide you a refund.
10. General
Any transfer or attempted transfer of your rights or obligations under this agreement requires our prior written authorisation. Without your consent, we may transfer any of ours as long as it doesn't adversely affect the level of service you currently receive.
Any conversations you have with members of our staff can be recorded, and those recordings will include any live text chats.
You may receive notices from us via postal mail, email, your online account, or 'over the air' updates to your devices, which may make a few minor changes to their functioning or display. You must agree to these modifications, which may include complying with any reasonable requests we make; otherwise, the Mobile Data service can become unusable.
Any time your mailing address or email address changes, you must notify us immediately. Because of a change in your postal or email address, a problem with your email address and/or provider, or because your devices are incorrectly configured or switched off, we are not liable for messages or notices that do not reach you.
Any notices from you to us, unless otherwise specified in this Agreement, must be submitted to: eSimora, c/o Travel Roam Limited, 86-90 Paul Street, London, England, EC2A 4NE.
Any concession or extension of time we grant you solely pertains to those particular instances. It has no other effect on our rights under this agreement.
This Agreement shall be governed by English law, and any issues arising hereunder shall be brought before the courts of England & Wales, as the case may be.
The remainder of this agreement will still be valid even if a clause or condition is unenforceable under the law. Any clause or requirement that is not legally binding can be replaced by one that has a similar meaning but is. The whole agreement between you and us is contained in this document. Before entering into this agreement, you may have seen or heard additional information that is not included here.
11. Your Information
You certify that the data you give us, including the registration information, is true, accurate, and comprehensive. You agree to contact our customer services as listed below to immediately notify us of any changes to your information.
In accordance with the provisions of this Agreement and our website's privacy statement, we will only use your personal information in ways that are described in both documents. Your email address and purchase history may occasionally be shared with an Affiliate who introduced you to us, together with any other information you gave the Affiliate permission to use when you signed a contract with the Affiliate.
Your personal information will be used by We and/or Our Group Companies for the following purposes: providing the Mobile Data service, managing your Account and billing, advertising, marketing, research, analytics, credit scoring, customer services, tracking the devices you use on our network, monitoring your web usage, and creating a profile of your preferences. To assist us in achieving these goals, we will release your information to our service providers and agents. After your contract with us has ended, we will preserve your information for a fair amount of time in case you desire to use our services again. During this time, we may also contact you regarding your services.
You consent to the use of information about you by us, our Group Companies, and our carefully chosen business partners, including information about how you use our network, Mobile Data service, related products, and the location of the devices you use on our network, to inform you of deals, services, or promotions provided by us and other companies that may be of interest to you as well as for research and analytics. We may get in touch with you via mail, email, phone, text message, mobile message service (SMS), online, or through any other interactive medium. Simply let us know by clicking the unsubscribe link in the email that you would prefer not to receive direct marketing messages from us, and we'll stop sending them to you. For more information, please refer to our website's privacy statement. If you plan to let another individual use the mobile data services, you acknowledge that you have informed them of how we will use their information and have secured their consent.
You have the right to request a copy of your personal data (for a modest fee) and to have any errors fixed. Please refer to our privacy statement for more information.
If there is a breach in the security of your personal information, we will notify the competent authorities and, if necessary, the subscriber or user of our Mobile Data service who is impacted by the incident in writing. You do not have the right to terminate this Agreement in the event that a personal data security breach affects you (or the subscriber/user).
In order to provide you with our Services, we may transfer your personal information to nations outside the European Economic Area, which do not always offer the same degree of privacy protection as The Republic of Türkiye. In the event that we do conduct such a transfer, we will enter into a contract with our service providers that includes security requirements for them to fulfil in order to guarantee that your information is safeguarded in accordance with Turkish standards.
In order to meet our legal and regulatory obligations, for law enforcement purposes, and to identify, stop, or look into crimes, fraud, and unauthorised use of or harm to our network or Mobile Data services, we may engage in any action or disclosure of your personal information.
You can get in touch with us through our website if you have any inquiries or need assistance or support.