E.Tel Mobile Travel eSIM Terms and Conditions

1.1 Acknowledgement

These Terms apply to your purchase and use of E.Tel Travel eSIM products and services. By ordering and using an E.Tel Travel eSIM, you agree to be bound by these Terms together with our Fair Use Policy and any applicable Service Descriptions. We may update these Terms from time to time. Continued use of our services means you accept the latest version.

1.2 Changes to the Agreement we are not required to tell you about in advance

1.2.1 Unless expressly stated in the agreement, you cannot make any changes to the agreement without our express consent.

1.2.2 We may update the Agreement without first telling you about the change if we believe the change is beneficial to you, or does not interfere with your enjoyment of the Service. For example, we would not tell you about a reduction in price for any part of the Service, or if a new service function becomes available.

1.2.3 We may change the agreement by: complying with telecommunications legislation and, in those circumstances set out in the agreement only. E.Tel reserves the right to change your plan if E.tel deems it will be beneficial to you.

2.1 Liability

2.1.1 To the fullest extent permitted by law, E.Tel is not responsible for any loss or damage you may suffer from use of our website, products, or services, including reliance on third-party content, links, or advertisements.

2.1.2 You are responsible for ensuring that any product or service you purchase meets your personal requirements. Information provided may contain errors, and E.Tel excludes liability for inaccuracies to the maximum extent permitted by law.

2.2 Collecting and using Personal Information

2.2.1 Your personal information is collected and used primarily to enable us to provide the products and services you order from us or our related companies.

2.2.2 We also collect and use personal information for related (or secondary) purposes, including billing and account management; business planning and product development; and to provide you with information about promotions, as well as our other products and services.

2.2.3 We may be permitted or required by law to collect or disclose your Personal Information in some circumstances, including to assist:

• Law enforcement agencies and Government agencies, including for the enforcement of criminal and other laws;
• Emergency services;
• Law and Operator of the Integrated Public Number Database (IPND)

2.2.4 We may disclose your Personal Information to entities that provide service to us relating to the provision of the Service, including SMS or email resenders and to handle payments with regards to you using the Service

2.2.5 You give your consent to our use, and the use by any of our suppliers, of any Personal Information we collect from you, provided such use is made in accordance with this Agreement, our privacy policy (as amended from time to time) and relevant privacy laws.

2.2.6 If you access our website or purchase our services through an affiliate, partner, or referral program, we may share limited personal information with that partner solely for the purposes of validation, reporting, auditing, and/or fraud prevention. Any information shared will be restricted to what is reasonably necessary and handled in accordance with applicable privacy laws and our Privacy Policy.

2.2.7 These terms and conditions are governed by the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State. E.Tel acknowledges and respects the privacy of individuals, and is committed to handling your personal information in accordance with the Privacy Act 1988. For a full description of our Privacy Policy please go to http://www.etel.com.au/policies or contact us on 1300 383 588.

3.1.1 You agree to us communicating with You occasionally via various channels and media including email, SMS, phone, mail, our website and social media about new plans, promotions, prizes, discounts, and other marketing communications.

3.1.2 You may opt out of our email communications at any time by:

• using the unsubscribe facility provided in our communications
• contact Customer Support and letting us know that you no longer want to receive email communications

3.1.3 There are some messages that we must communicate with you. These include, for example, messages relating t Your mobile plan, important information about products and services that You have purchased, forgotten passwords, or updates to our policies. Unsubscribing will not opt You out of receiving these types of messages.

4.1 Use of the Service

4.1.1 When you are using the Service you must comply with:

• The law;
• All directions by relevant authorities;
• The E.Tel’s Fair Use Policy; and
• All reasonable direction from us, including all directions we are required by law or our suppliers to make.

4.1.2 You must not or use or to attempt to use the Service:

• to infringe or interfere with the legal rights of any other person;
• to expose us or any of our suppliers to liability (other than the obligation to supply the Service to you in accordance with this Agreement)
• to resell, distribute or reproduce any part of the Service, or operate a contact centre, telemarketing business or related business without our prior approval in writing’

4.1.3 We may ask you to stop doing something which we reasonably believe is prohibited by this Agreement. If you do not comply with our request within two business days we or our supplier may take all reasonable steps to ensure compliance, including suspending or cancelling the Service without further notice to you, and notifying relevant authorities.

4.1.4 It is your own responsibility to ensure that your own equipment in connection with the service is compatible.

4.2 Exceptionally High Use

4.2.1 For your protection and to protect the integrity of the Service, we may contact you, or we may suspend your use of the Service, if we become aware of, or reasonably suspect, use of the Service is unusual. For example, If you make an unusually high volume of international calls or if we see an exceptionally high usage of Value Added Services we may contact you to confirm you are aware of this use of the Service, or we may suspend the Service until we are able to discuss the high volume usage with you.

4.2.2 If we exercise our rights to contact you or suspend the Service in accordance with section 4.2.1, you agree that we may do any reasonable thing to satisfy ourselves that the unusual use of Service is appropriate, which may include requiring you to provide evidence of your identity, or your ability to pay for the unusual use of the Service.

4.3 Third Party Compliance

When you use the Service, it is your responsibility to comply with any rules imposed by any third party whose content or service you access using the Service or whose network your data traverses.

4.4 Your right as a consumer, and our limitations on responsibility

4.4.1 Under the Australian Consumer Law, our liability is limited to one of the following remedies:

4.4.1.1 Resupplying the goods or services,

4.4.1.2 Replacing the goods, or

4.4.1.3 Paying the cost of resupply

4.4.2 You must be over 18 years of age to purchase or use our services

4.4.3 You acknowledge that we do not control, and neither we nor our suppliers have any responsibility for:

• Your right and ability to use access or transmit any third-party content using the service;
• The accuracy or completeness of any content which you may use, access or transmit using the service;
• If there is any unauthorised usage you will still be liable for any charges (note: If your SIM card/phone is stolen please report immediately to 1300 383 588 in order to avoid unexpected usage);
• The consequence of you using, accessing or transmitting any content using the Service, including without limitation any virus or other harmful software; and
• Any charges which a third party may impose on you in connection with your use of their service that you access through the service.

5.1 Refunds

5.1.1 You may request a refund or replacement if technical issues prevent installation or use.

5.1.2 Customers may be required to cooperate with reasonable troubleshooting where applicable.

5.1.3 If your eSIM does not work due to a problem with E.Tel or the local provider, we can provide a full refund, or a partial refund where the issue was partial.

5.1.4 Full refunds may be available within 6 months of purchase in most situations where the eSIM has not yet been installed or activated. For example, if you have cancelled your trip and the eSIM has not been activated yet.

5.1.5 Customers who reasonably and in good faith dispute an invoice, or part of an invoice, must notify E.Tel Mobile within 7 days of receipt. The notification must detail the reasons for the dispute and, where possible, the amount the customer believes is correct.

5.1.6 Approved refunds will be credited back to the original payment method.

5.2 When refunds don’t apply

5.2.1 Cancellation and refund is not available after the eSIM is installed or activated, except in cases of technical failure verified by E.Tel Mobile. Travel eSIMs require an eSIM-compatible device. Customers must check device compatibility before purchase. Cancellation is not applicable due to issues arising from incompatible or locked device.

5.2.2 We do not provide refunds or compensation for costs incurred from backup phones, backup SIM cards, backup providers, hotel phones, or other charges not directly related to the customer's E.Tel eSIM account.

5.2.3 Suspected fraudulent or unauthorised transactions will not be refunded.

5.2.4 No refunds apply to expired data packages.

5.2.5 Refund requests submitted without a clear explanation or prior contact regarding the issue will not be accepted. Customers must provide a reason for their request.

5.2.6 Our eSIM services are primarily intended for internet connectivity. E.Tel Mobile does not guarantee the ability to register, verify, or receive OTPs for third-party applications (e.g., WhatsApp, TikTok, Uber). Refunds will not be granted for the inability to use specific apps where the data service is otherwise functioning correctly.

5.2.7 Refund requests that do not fall within the above categories will be assessed on a case-by-case basis. If approved, a processing fee may apply. The maximum refund amount cannot exceed the total amount originally paid.

E.Tel disclaims all warranties to the extent allowed by law, including fitness for purpose or uninterrupted availability. While we aim to provide accurate information, we do not guarantee that our website, services, or products will always be error-free, virus-free, or uninterrupted. You are solely responsible for any costs associated with maintaining or repairing your device or service.

These Terms are governed by the laws of New South Wales, Australia. Any disputes must be submitted to the jurisdiction of the courts of New South Wales. If any clause of these Terms is deemed unenforceable in any State or Territory, it will be excluded, but all remaining Terms will continue to apply.

Phone: 1300 383 588 Livechat: www.etel.com.au Email: [email protected]