GENERAL TERMS AND CONDITIONS
1. VALIDITY OF GENERAL TERMS AND CONDITIONS
The following terms and conditions shall apply to all services rendered by Simly, in connection with the prepaid eSIM reselling.
The following terms and conditions are provided on the website www.simlyapp.com. Simly may accept variant clauses only in the case of an explicit written agreement.
2. DESCRIPTION OF SERVICES
2.1. eSIM RESELLING
Simly resells prepaid eSIMs. The customer registers and buys its eSIMs on www.simlyapp.com website and/or Simly App. Our payments are operated by Stripe (https://stripe.com) with an alias of your credit card (virtual Credit Card Imprint).
2.2. REGISTRATION FOR USING Simly SERVICES
The customer must accept the general terms and conditions to use Simly services. The client gives directly, or by the intermediary of the service provider (Hotel, Travel Agency…), on the web browser under www.simlyapp.com the following information: First Name Last Name Address (billing address) Email address
2.3. Simly ENGAGEMENTS
Simly shall use reasonable endeavors to provide Customer quality of service. However, Simly does not guarantee that the service will not be interrupted, furnished on due time, safe or fault-free.
2.4. CUSTOMER ENGAGEMENTS
In using the Equipment or Services provided by Simly, the Customer must not engage in any action: that is abusive, illegal, or fraudulent; that causes the Network to be impaired or damaged; When the Customer is in breach of its obligations under this Sec. 2.4, Simly may suspend the Customer’s use of the Service. Simly will notify the Customer as soon as reasonably practicable of the suspension. During any period of suspension, the Customer shall continue to pay all Charges due under this Agreement in respect of the suspended Services.
2.5. DEVICE COMPATIBILITY
It is the customer'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 customer is held responsible for this information. As device compatibility may depend on the carrier and country of origin, the customer 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 Simly and the customer starts upon completing an order at Simly's website https://www.simlyapp.com or via app. The Activation of the eSIM and acknowledgment of the Activation Policy is the Customer’s responsibility. The contract will be terminated in case the customer does not have an active data package or has deleted the eSIM from the device.
4. CHARGES AND PAYMENT
4.1. PAYMENT CONDITIONS
The payment of Simly 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 Simly provider Stripe (https://stripe.com).
4.2. CHARGES FOR USE
4.2.1. Simly states all Charges inclusive of VAT, unless specified otherwise.
4.2.2. The customer shall not be entitled to set off any of its claims against claims of Simly, except where the customer’s claims are undisputed or have been confirmed by final court judgment.
5. DELIVERY
The customer will immediately see the purchased eSIM under the “My eSIMs” tab on the website and/or the app. The customer will receive a confirmation email after the purchase. All the information for installing the eSIM will be available only on the user’s Simly account.
6. REFUND / CANCELLATION / MODIFICATION POLICY
The customer 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 from Simly.
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 Simly that cannot be resolved within a timely manner, a refund can be issued for the remaining data.
6.1.4. Cooperation of the customer 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 customer’s Simly eSIM account. (See section 7. LIABILITY AND WARRANTY in our Terms and Conditions)
6.1.7. Fraudulent purchases: Simly 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 Simly products and services.
6.1.7.1.Unauthorized purchases: The case will be subject to investigation and approval before processing any refund. Simly reserves the right to suspend any account associated with any form of fraudulent activity.
6.1.8. Accidental purchases: Once customers install the eSIM, it will be considered as used. No refunds of any form will be offered.
6.1.9. Incorrect charges: If the customer reasonably and in good faith disputes an invoice or part of it, the Customer shall notify Simly of such dispute within 12 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much the customer considers is due. (See details in section 4.2 CHARGES FOR USE under Terms and Conditions)
6.1.10. Replacements: eSIMs purchased exclusively with Airmoney earned from vouchers can be replaced only within 30 days from the date of purchase.
6.1.11. 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.
6.1.12. REFUND PROCESS
To request a refund, contact Simly support team via the Contact Us page or send a message to smile@simlyapp.com. Please be aware that our refund policy above will apply. Depending on the nature of the issue, customers 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 customer considers is due, etc. Please refer to section 6.1.2 in this same document for refunds related to technical issues. Customers 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 Simly are offered as-is and no further modifications or customization can be made based on individual requests once purchased.
7. LIABILITY AND WARRANTY
Simly is not responsible for detriments arising as a result, that the proposed service is not or not constantly available. Simly provides no guarantee of constant availability of the network service. For any requests please write an email to smile@simlyapp.com.
