Legal Agreement

Terms of Service

Last updated: 17 December 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Vertial Holdings Pty Ltd (ABN 72 629 494 926) ("Trvel", "we", "us", or "our"). By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. About Our Services

1.1 Service Description

Trvel provides digital eSIM (embedded SIM) services that allow you to access mobile data services while travelling internationally. Our eSIMs are data-only and do not include voice calling or SMS services. Voice and messaging services may be accessed through internet-based applications using your data connection.

1.2 Service Availability

Our eSIM services are available in specific countries and regions as indicated on our website. Coverage, network availability, and data speeds may vary depending on your location, network conditions, and the local telecommunications infrastructure.

1.3 Eligibility

To use our services, you must:

  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Have a compatible, carrier-unlocked device that supports eSIM technology
  • Provide accurate and complete information when making a purchase
  • Have legal authority to enter into these Terms

2. Orders and Payment

2.1 Placing Orders

When you place an order, you are making an offer to purchase our services. We may accept or decline your order at our discretion. An order is only accepted when we send you an order confirmation email containing your eSIM QR code.

2.2 Pricing

All prices are displayed in your local currency where available (AUD, SGD, GBP, MYR, IDR) and include any applicable taxes. Prices are subject to change without notice, but changes will not affect orders that have already been confirmed.

2.3 Payment

Payment is processed securely through our payment provider, Stripe. We accept major credit and debit cards, as well as Apple Pay and Google Pay. You authorise us to charge the payment method you provide for the total amount of your order.

2.4 Order Confirmation

Upon successful payment, you will receive an email containing your eSIM QR code and installation instructions. Please check your spam folder if you do not receive this email within a few minutes of purchase.

3. eSIM Installation and Activation

3.1 Installation

You are responsible for installing the eSIM on your compatible device. Installation requires an internet connection (WiFi or mobile data). We recommend installing your eSIM before travelling while you have stable internet access.

3.2 QR Code Usage

Each eSIM QR code is single-use and can only be installed on one device. Once scanned and installed, the QR code cannot be used again. Do not share your QR code with others. If you accidentally delete your eSIM before using it, contact our support team for assistance.

3.3 Activation

Your eSIM plan validity period begins when you first connect to a mobile network in your destination country, not from the date of purchase or installation. This allows you to install your eSIM in advance of your trip.

3.4 Compatibility

It is your responsibility to ensure your device is compatible with eSIM technology and is carrier-unlocked before purchase. We provide compatibility information on our website, but you should verify compatibility with your device manufacturer if unsure.

4. Data Plans and Usage

4.1 Data Allowance

Our plans include a daily high-speed data allowance as specified at the time of purchase (typically 1GB per day). After the daily high-speed allowance is consumed, you will continue to have unlimited data access at reduced speeds until midnight local time.

4.2 Validity Period

Plans are available in various durations (5, 7, or 15 days as displayed). The validity period is counted in calendar days from the first data connection in your destination.

4.3 Fair Use

All usage is subject to our Fair Use Policy. We reserve the right to suspend or terminate service if we detect usage that violates our Fair Use Policy or these Terms.

5. Refunds and Guarantees

5.1 Refund Policy

We offer refunds under the following circumstances:

  • Unused eSIM: If you have not installed (scanned) your eSIM QR code, you may request a full refund within 30 days of purchase.
  • Technical Issues: If your eSIM fails to work due to a technical fault on our end, we will provide a full refund or replacement.
  • 10-Minute Connection Guarantee: If we cannot get you connected within 10 minutes of you contacting our support team (during your trip), you will receive a full refund.

5.2 Non-Refundable Situations

Refunds are generally not available once an eSIM has been installed, as the QR code becomes single-use upon installation. Refunds are also not available for:

  • Incompatible or carrier-locked devices
  • User error during installation
  • Network issues outside our control
  • Change of travel plans after installation

5.3 Australian Consumer Law

If you are an Australian consumer, you have certain rights under the Australian Consumer Law that cannot be excluded, restricted, or modified. These Terms do not exclude, restrict, or modify the application of any condition, warranty, guarantee, right, or remedy conferred by the Australian Consumer Law where to do so would be unlawful.

5.4 Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and receive a refund for the unused portion, or compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

6. Acceptable Use

6.1 Permitted Use

Our eSIM services are intended for personal, non-commercial use while travelling. You may use the services for lawful purposes including browsing, messaging, navigation, and general internet usage.

6.2 Prohibited Use

You must not use our services to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit spam, malware, or other harmful content
  • Engage in illegal activities including fraud
  • Resell or redistribute our services
  • Use automated systems to consume excessive bandwidth
  • Interfere with or disrupt our services or networks
  • Bypass any usage limits or restrictions

7. Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of Vertial Holdings Pty Ltd or our licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

8. Limitation of Liability

8.1 Service Limitations

Our services depend on third-party mobile networks and infrastructure. We do not guarantee uninterrupted, error-free, or secure service. Network coverage, speeds, and availability may vary and are subject to factors outside our control.

8.2 Liability Cap

To the maximum extent permitted by law, our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid for the specific eSIM plan in question.

8.3 Exclusion of Consequential Damages

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.

8.4 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, government actions, network failures, or pandemic.

9. Indemnification

You agree to indemnify, defend, and hold harmless Vertial Holdings Pty Ltd and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of our services or violation of these Terms.

10. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. By using our services, you consent to the practices described in our Privacy Policy.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website with an updated "Last Updated" date. Your continued use of our services after any changes indicates your acceptance of the modified Terms. We encourage you to review these Terms periodically.

12. Termination

12.1 Termination by You

You may stop using our services at any time. Unused eSIMs may be eligible for refund in accordance with our refund policy.

12.2 Termination by Us

We may suspend or terminate your access to our services immediately if you breach these Terms, engage in prohibited activities, or if required by law. We may also discontinue our services at any time with reasonable notice.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising from these Terms.

13.2 Dispute Resolution

Before initiating any legal proceedings, you agree to contact us first to attempt to resolve any dispute informally. We will work with you in good faith to resolve any issues within 30 days.

13.3 International Users

If you access our services from outside Australia, you are responsible for compliance with local laws. These Terms shall be interpreted and enforced in accordance with Australian law, regardless of where you access our services.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and Fair Use Policy, constitute the entire agreement between you and Vertial Holdings Pty Ltd regarding our services.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

14.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. Contact Us

If you have questions about these Terms or our services, please contact us:

Vertial Holdings Pty Ltd

ABN: 72 629 494 926

Email: support@trvel.co

New South Wales, Australia