T&C

Terms and conditions

1. Terms and Conditions
These Terms and Conditions constitute a legally binding agreement (“Agreement”) entered into between you (the “User”) and MIO EXPERIENCE S.A. registered in Buenos Aires, Argentina, CUIT 30711674930, with the trademark MIOeSIM (“MIOeSIM”, “we”, “us”, “our” or “us” or “the Company”), relating to your purchase of an international data plan (“Data Plan”) associated with a prepaid eSIM (an “eSIM”) from MIOeSIM (the “Service”) for use on your personal device (“Device”).
Future agreements between the User and MIOeSIM may also be subject to supplemental terms and conditions or documents that have been posted on our website or application (the “Application”).

2. Registration
The User may register to purchase an eSIM through our Application. The User must agree to the Terms of Use to register and purchase an eSIM.

3. Purchase and activation of eSIM
If you purchase one of our eSIMs (through the Application), you enter into an agreement with us for the purchase of the eSIM and agree to pay us all applicable charges in accordance with the Data Plan of the eSIM purchased.
As soon as the eSIM is provided to you, you are responsible for it.
You may purchase an eSIM through one of MIOeSIM’s partners (“Third Parties”). If you purchase one of our eSIMs from a Third Party, you enter into an agreement with that Third Party for the purchase of the eSIM and MIOeSIM is not a party to that agreement.
MIOeSIM will make available Data Plans related to specific countries. MIOeSIM reserves the right to restrict the availability of such Data Plans in some jurisdictions.
By using the Service, the User agrees that he/she has an unlocked and eSIM compatible device, which is required to access the eSIM.

4. Duration and Termination of Agreement
This Agreement will commence once you purchase the eSIM. Once you have downloaded the eSIM to your Device and the Data Plan has been activated, the downloaded eSIM will remain on your Device after your Data Plan credit has been exhausted or your Data Plan has expired. The User may choose to remove the eSIM at any time through the settings of his or her Device. However, we recommend that the User does not remove the eSIM until their Data Plan has been consumed or has expired. Downloading the eSIM and activation of any of the Data Plans may require a stable internet connection.
The term of this Agreement shall be until the Data Plan has expired or until the credit based on the Data Plan purchased has been exhausted.
This Agreement will terminate immediately upon the occurrence of any of the following events:
– consumption or expiry of the Data Plan by the User
– suspension of the use of the User’s eSIM or Data Plan by MIOeSIM for breach of these Terms and Conditions (including any breach of applicable law).

5. Warranty
These Terms and Conditions are in addition to your statutory rights as a consumer.
MIOeSIM makes no warranty or representation in relation to the eSIM or the Service, and all warranties and conditions (except to the extent required by applicable law), whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.
MIOeSIM reserves the right, at its sole discretion, to discontinue the sale, supply or support of any eSIM at any time.

6. Service Availability
MIOeSIM will take commercially reasonable steps to make the Service available to you at all times, depending on the ability of MIOeSIM and its service providers to maintain network capacity and connection availability.
MIOeSIM partners with service providers to provide the Service. MIOeSIM has no obligation to inform the User if it engages service providers to assist it in providing the Service.
MIOeSIM does not guarantee the capacity and quality of the network or the connection availability of the Service. This includes (but is not limited to) any of the following circumstances:
– when our service providers need to perform upgrade, maintenance or other work on their network services;
– where you are in areas not covered by our service providers’ network or within the areas specified in your Data Plan;
– where factors beyond our control cause disruptions, such as those caused by features or functions of your device, regulatory requirements, communication network failures, weather, radio interference or other physical interference.

7. Obligations of the User
The User undertakes to:
– use the eSIM in accordance with these Terms and Conditions;
– use the eSIM in accordance with all applicable laws and regulations of the country in which the User is located or ordinarily resides;
– not use the eSIM to carry out any fraudulent, criminal or illegal action, or to cause disruption or damage to the network;
– not use the eSIM to copy, store, modify, publish or distribute MIOeSIM business information (including trade secrets) except when we give you permission to do so;
– not use the eSIM to download, send and upload content of excessive size, quantity or frequency; and
– not use the eSIM in a way that infringes the intellectual property rights of a third party.
The User agrees that MIOeSIM may suspend the Service in case of breach of these Terms and Conditions. The User must act responsibly and pay for all charges due under these Terms and Conditions with regard to the suspension of the Service. MIOeSIM reserves the right to claim compensation for damages (including legal costs) to the maximum extent permitted by law.
MIOeSIM, at its sole discretion and without any liability to the User, reserves the right to delete the User’s Application account and prevent the User from future use of the Service.

8. Terms of payment
The User may register and purchase the eSIM on the Application. Payment will be processed by an authorised MIOeSIM agent.
All eSIMs are prepaid and prices include any indirect tax, unless otherwise specified. The Indirect Tax will be charged based on the postcode provided by the User when entering the payment information in MIOeSIM.

9. Discount coupons.
Discount coupons must be used at the time of purchase and cannot be redeemed for credit on previous purchases. To use it, enter the coupon in the text field indicated on the checkout page of the purchase process (“Do you have a coupon?”), and click “Apply discount”. The discount will be immediately visible in the order summary box.

10. Return and refund policy
You will receive the Service in accordance with these Terms and Conditions. If you believe that the Service provided to you does not comply with them or does not comply with your legal consumer rights, please inform us. If applicable, we will provide you with a full or partial refund in respect of an affected eSIM or Data Plan in accordance with the Return and Refund Policies posted on the App.

11. Intellectual Property Rights
Unless otherwise stated, the eSIM is owned by us (or our licensor) and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of the Application (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) belong to us, are under our control or licence and are protected by copyright and trademark laws and other intellectual property rights.
Except as expressly provided in these Terms and Conditions, no part of the eSIM, the App or the Content or Marks may be copied, reproduced, aggregated, republished, posted, uploaded, shared, publicly displayed, encoded, translated, broadcast, distributed, sold, licensed or otherwise exploited for any commercial purpose, without our express prior written permission.

 

12. Consequential Damages; Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT OF GOODS AND SERVICES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES OUT OF ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO, BUT NOT LIMITED TO, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT OF GOODS AND SERVICES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES OUT OF ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WE AGREE THAT THESE LIMITATIONS SHALL SURVIVE AND APPLY EVEN IF ANY OF THE LIMITED REMEDIES SPECIFIED IN THIS AGREEMENT ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. Our total liability to you for all causes of action and under all theories of liability shall be limited to and shall not exceed the total amount of all fees paid by you under this Service Agreement. This limitation shall apply notwithstanding the failure of the essential purpose of any remedy hereunder.

13. Indemnification
By accepting this Service Agreement, you agree to indemnify, defend and hold harmless the Company, our officers, directors, employees, independent contractors, representatives, agents and other customers from and against any claim, demand, loss, cost or expense, including, without limitation, reasonable attorneys’ fees, relating in any way to (a) your breach of the terms and conditions of this Service Agreement; and (b) any dispute between you and any third party service, which you have purchased through our service.

14. Miscellaneous
We reserve the right to discontinue our services or to terminate and/or modify this Service Agreement at any time at our sole discretion. The expiration or termination of this Service Agreement shall not relieve you of any payment obligations under this Service Agreement. The terms of this Agreement shall survive expiration or termination. You may not assign or transfer any of your rights or obligations under this Service Agreement without our prior written consent. You agree that we may assign this Service Agreement without notice in the event of a merger, acquisition or sale of all or part of our business. No waiver of any breach of the terms of this Service Agreement, regardless of its duration or frequency, shall be deemed a waiver of any subsequent breach of this Service Agreement, nor shall any delay or failure to exercise any right, power or privilege under this Service Agreement be deemed a waiver of any such right, power or privilege. If any provision of this Service Agreement is held to be unenforceable or in conflict with the laws of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of such provision shall be construed, to the extent possible, so as to render the provision enforceable. In the event that no feasible interpretation shall save such provision, such provision shall be severed from the remaining terms of this Service Agreement, which shall remain in full force and effect. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings, whether written or oral.

15. Privacy Notice
When you purchase an eSIM, you agree that MIOeSIM will process your personal information (“Personal Data”) to make the Service available to you, to monitor and improve the Service and to prevent unauthorised use.

Private Data in the form of usage (data consumption) cannot be retrieved by the Company for a period longer than one (1) week, and requests for the same must be made no later than one (1) week after the end date of the agreement – subsequent requests will not be processed. Any requests for a period longer than one (1) week are at the sole discretion of the Company to accommodate or not, and the Company reserves the right to impose a fee to cover the costs of such requests. These restrictions are the result of this form of private data not being held by the Company; instead it is recorded by the relevant mobile network operator used during the period of use.

By purchasing the service offered by the Company, you agree to receive promotional messages relating to similar products and services offered by us.

16. Force Majeure.
In the event that we fail to perform any of our obligations under this Agreement due to an “act of God”, or an act of any government, terrorism, riot, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed a breach of this Agreement, provided that we notify you of the existence and nature of the reason for our failure and delay, and resume performance immediately upon the conclusion of the relevant force majeure.

17. Applicable Law – Dispute Resolution
This Service Agreement is governed by Argentine law, without regard to conflicts of law principles. All disputes arising under this Service Agreement shall be submitted to binding arbitration in Buenos Aires, Argentina, in accordance with the Rules of Arbitration of the International Chamber of Commerce, by an arbitrator chosen by mutual agreement between you and the Company in accordance with such Rules.
The costs of the arbitration, including the arbitrators’ and administrative fees, shall be shared equally by you and the Company. The arbitration award shall be final and each party shall comply in good faith with the entry of the arbitration award in any court having jurisdiction.
If enforcement or judicial review of the arbitrator’s decision is sought, the prevailing party shall be entitled to costs and reasonable attorneys’ fees. For the avoidance of doubt, all claims brought by you against the Company shall be resolved in accordance with this Section. All claims brought or asserted against the Company contrary to the provisions of this Section shall be deemed to have been brought improperly. In the event that you file a claim contrary to this Section, you agree that the Company may recover attorneys’ fees and costs up to $2,000, provided that the Company has notified you in writing of the improperly filed claim and you have not properly withdrawn it.