JAPAN SIMS - TERMS AND CONDITIONS

1. Introduction

1.1. These Terms and Conditions constitute a legally binding agreement ("Agreement") made between you (the "User") and Japan Sims,  a private limited company  under GSM Rentafone Pty Ltd incorporated and registered in Japan with company registration number 3700150006351 and having its registered office at 3rd Floor, GROVE, 2-17-46 Akasaka, Minato-ku, Tokyo 107-0052 Japan. ("Japan Sims," "we" or "us"), concerning your purchase of an international data plan ("Data Plan") relating to a prepaid SIM (an "eSIM" or “Physical Sim”), for use on your personal device ("Device"), from Japan Sims (the "Service").

1.2. Future agreements between the User and Japan Sims 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 or Physical Sim through our Application. The User must accept the Terms of Use to register and purchase a SIM. Japan Sims Privacy Policy and Cookies Policy are displayed on the Application when the User registers to purchase an SIM.

3. Purchase of a SIM and Activation

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

3.2. You will be responsible for the SIM as soon as it is delivered to you. If you damage or lose your Device before you have paid for the SIM in full, you will still be required to pay us the full price of the SIM.

3.3. You may purchase a SIM through one of Japan Sims partners ("Third Parties"). If you purchase an SIM from a Third Party, you enter into an agreement with that Third Party for the purchase of the SIM and Japan Sims is not a party to such an agreement.

3.4. Japan Sims shall make available Data Plans which relate to specific countries or regions. Japan Sims 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, SIM-compatible Device, which is required in order to access the SIM.

4. Duration and Termination

4.1. This Agreement shall commence once you purchase the SIM. After you have downloaded the SIM onto your Device and the Data Plan is activated, the downloaded SIM 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 SIM via their Device settings at any time, however we recommend that the User does not remove the SIM until their Data Plan has been consumed or expired. The download of the eSIM and the activation of any Data Plan may require 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 Japan Sims of the User's use of the SIM 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 SIM immediately from your Device or dispose of the Physical Sim upon consumption or expiry of the Data Plan, the SIM shall be provided to you on an “as is” basis without a warranty of any kind. Japan Sims shall have no liability to you for such SIM in accordance with this clause 4.4 until such time that you purchase any further SIM 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. Japan Sims gives no warranty and makes no representations in relation to the SIM, 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. Japan Sims reserves the right, at its sole discretion, to discontinue the sale, provision or support of any SIM at any time.

6. Service Availability

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

6.2. Japan Sims partners with service providers to provide the Service, including network service providers. These vary from jurisdiction to jurisdiction.

6.3. If you purchase an “unlimited” Data Plan please note your data coverage and speed may be subject to a network service provider's fair use policy. This means that in order to ensure a high quality of service for all users, the network service provider reserves its right to impose restrictions or limitations on data usage or speed if your usage is deemed excessive or if it negatively impacts the network performance of other users.

6.4. Japan Sims 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:

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

6.4.2. 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;

6.4.3. 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 SIM in compliance with these Terms and Conditions;

7.1.2. use the SIM 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 SIM 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 SIM to copy, store, modify, publish or distribute Japan Sims commercial information (including trade secrets) except where we give you permission.

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

7.1.6. not use the SIM 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 Japan Sims 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. Japan Sims reserves the right to seek remedies and damages (including legal costs) to the fullest extent permitted by law.

7.4. Japan Sims, 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 authorised agent of Japan Sims.

8.2. All SIMs 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 Japan Sims.

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.

8.4 The User may choose to save the payment method during the payment process and under the service provider's administration, so that for future purchases this information is automatically added without the User having to re-enter it. The user can delete the payment method information at any time. This payment method information will not be able to be changed; if a change is requested, the User will need to delete the previous payment method and introduce the new payment method.

9. Legal Right of Withdrawal

9.1. If you are purchasing a SIM 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 a SIM, or if earlier, up to the date on which the SIM is activated and the Data Plan is consumed or depleted, the latter scenario in which we may  provide you with a partial refund which will be up to our discretion. There will be no refund for shipping of a physical sim, if this has already been posted.

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 Japan Sims, via Customer Support, the details of which can be found at section 18 below.

10. Refund and Returns Policy

10.1. You will receive the Service in conformity with these Terms and Conditions. If you believe that the Service which has been delivered to you does not so comply, or does not comply with your statutory consumer rights, please let us know. If applicable, we will provide you with a full or partial refund in respect of an affected SIM or Data Plan in accordance with clauses 10.2 to 10.8 below.

10.2. For a full refund from Japan Sims, the User must meet the following requirements:

10.2.1. The SIM must have been purchased from Japan Sims via the Application (i.e. not from Third Parties);

10.2.2. The SIM must not have been activated; and

10.2.3. The purchase of the SIM must have been made no more than 6 months prior to the request for a refund.

10.3. Subject to clauses 10.2.1 and 10.2.3, in the following circumstances, Japan Sims may provide you with a full or partial refund which is proportionate to the reduction in value of the SIM or Data Plan:

10.3.1. if the Data Plan relating to the SIM has already been activated and/or consumed (in part) or credit expended, or

10.3.2. if the SIM fails to work due to an issue with the network infrastructure, or where the network infrastructure in a destination country has problems or is unstable.

10.4. Where the User purchases a SIM and downloads it onto an incompatible or locked Device, SIM will provide to the User a full refund, provided that the User has complied with the requirements of 10.2.1-10.2.3.

11. Intellectual Property Rights

11.1. Except as otherwise indicated, the SIM is our (or our licensor’s) proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trade marks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights

11.2. Except as expressly provided in these Terms and Conditions, no part of the SIM, the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

12. Data Protection

12.1. By purchasing a SIM, you acknowledge that we will process personal information relating to you (“Personal Data“) in order to make the Service available to you, to monitor and improve the Service and to prevent unauthorised use of the Service.

12.2. For further information on how Users’ Personal Data are used or for any queries in relation to how we may process your Personal Data, please see our Privacy Policy available and our Cookies Policy.

13. Indemnity

13.1. The User agrees to indemnify and keep indemnified Japan Sims, and its subsidiaries, affiliates, officers, agents, partners, employees, and service providers against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of:

13.1.1. a breach by you of these Terms and Conditions; and/or

13.1.2. any other matter arising out of or in connection with any use you may make of the Service otherwise than in accordance with these Terms and Conditions.

14. Limitation of Liability

14.1. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for any loss or damage which you may incur in connection with your use of the Service, including the SIM or any Data Plan. Notwithstanding the foregoing, Japan Sims liability under or in connection with this Agreement, whether arising from contract, negligence or otherwise shall in no event exceed the amount of charges payable by the User to Japan Sims under the relevant Data Plan in the 12 months preceding the date of the event giving rise to such liabilities having occurred, or $100 USD, whichever is greater. This does not affect our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

15. Governing Law and Legal Compliance

15.1. Except as applicable mandatory laws may determine: (a) these Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Japan, and (b) the courts of Japan shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.

15.2. Other applicable mandatory laws of other states may also apply to your use of the SIM.

15.3. The Service and the Application are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to relevant law or regulation. Accordingly, persons who choose to access the Service and/ or Application from locations that prohibit such use do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Variation of these Terms and Conditions

16.1. We may vary any of the terms of your Agreement or any future terms and conditions, including relating to our Data Plans, on the following basis:

16.1.1. any updated Terms and Conditions and new terms will be available on our Application;

16.1.2. we will let you know with adequate notice if we make any variations to this Agreement. You are free to withdraw from using the Service upon receipt of such notice, subject to the following exceptions: (a) where such variation is exclusively to the benefit of you; (b) where such variation is of a purely administrative nature, or (c) where such variation is imposed by applicable laws.

16.1.3. if you continue to use the Service after the variation of this Agreement commences, you will be deemed to have accepted the variation.

17. General

17.1. Japan Sims may assign, transfer or subrogate to any company of its group the rights and obligations arising from this Agreement without the express consent and authorisation of the User.

17.2. If at any time any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.

17.3. No failure or delay by either party to exercise any right or remedy under this Agreement shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy. No waiver by either party of any breach by the other of any provision of this Agreement shall be considered as a waiver of preceding or subsequent breach. The rights and remedies provided in under this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.

17.4. This Agreement is drafted in the English language. In the event that there is a conflict between this English language version of the Agreement and any translated copies of the Agreement, the English version shall prevail.

18. Japan Sims Contact Details

For more information, you can reach our team through the following channels:

Customer Support: support@japansims.com