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If there have been changes in your plans and you no longer need your Holafly eSIM, we will provide you with a full refund.
If you purchased the eSIM and it turned out to be incompatible with your device, we will provide you with a full refund.
If your eSIM doesn't work due to an issue with Holafly or the network infrastructure of the destination country has problems and is unstable, we can offer you a full or partial refund.
1.3. Your use of the Application may be subject to other terms and conditions or documents that may be posted on the Application from time to time, including those which relate to the purchase of a prepaid eSIM with data service plans based on eSIM technology (the “Service“).
2.1. The User shall be responsible for making all arrangements necessary in order to access the Application, including, without limitation:
2.1.1. registering (where required) for the Service through the Application by providing the User’s first and last name, and verifiable email address; and
2.2. Minors are prohibited from using the Application. If you are under the age of 18, you are not entitled to avail of the Service and you must discontinue use of the Application immediately.
3.1. The User agrees that it shall:
3.1.2. where required, submit true, accurate, and complete registration information, and keep such information up-to-date;
3.1.3. where required, keep any passwords confidential and be responsible for use of the User’s account and password; and
3.1.4. use the Application in accordance with all applicable laws and regulations of the country in which the User is present.
3.2. The User agrees and acknowledges that it is prohibited from carrying out any of the following acts when using the Application:
3.2.1. engaging in any action that is fraudulent, criminal or illegal or causes the network to be impaired or damaged;
3.2.2. sending or uploading anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
3.2.3. infringing Holafly’s or anyone else’s intellectual property rights;
3.2.4. gaining unauthorised access to computers, data, systems, accounts or networks;
3.2.6. deliberately disrupting the operation of anyone’s website, app, server or business; and
3.2.7. using the Application for the purpose of harming or attempting to harm minors in any way; and
3.2.8. using the Application for any machine learning, machine learning language models and/or artificial intelligence-related purposes (including the training or development of such technologies), or for text and data aggregation, analysis or mining purposes (including to generate any patterns, trends or correlations).
3.3. If you have registered on the Application for the Service, Holafly, in its sole discretion and without liability to the User, reserves the right to remove a User’s Application account, and to disqualify a User from future use of the Application. Holafly may remove, reclaim, or change a username that a User selects if it determines, in its sole discretion, that such username is objectionable.
4.2. If you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.
5.1. By using the Application, you acknowledge that Holafly will process personal information relating to you (“Personal Data“) in order to make the Application available to you, to monitor and improve the Application and to prevent unauthorised use of the Application.
6.2. Other applicable mandatory laws of other states may apply to your use of the Application.
6.3. The Application is 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 Application from locations that prohibit use of the Application do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
7.1. The User may make use of a feature that allows them to upload content to, or to submit information to us, on the Application (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
8.1. The User agrees to indemnify and keep indemnified Holafly, 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:
9.1. 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 use of our Application and any website linked to our Application and any materials posted on it. 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.
10.1. Holafly 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.
10.2. 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.
10.3. 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.
10.4. 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.
11.1.2. we will let you know with adequate notice if we make any variations to this Agreement. You are free to withdraw from using the Application 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;
11.1.3. if you continue to use the Application after the variation of this Agreement commences, you will be deemed to have accepted the variation.