eSIM Voyaz Terms and Conditions

Definitions

eSIM / Service means the profile supplied by eSIM Voyaz for the purposes of using Mobile Data services on a Compatible Mobile Device (including compatible tablets and laptops).

Activation (and Activated) means registering your eSIM onto a mobile network for the first time for a Plan, or Plans, purchased for the country in which Activation occurs.

Compatible Device means you should have an unlocked, eSIM-compatible device, to be able to use the service. The list of eSIM compatible devices can be accessed on the shop.

Mobile Data means GPRS, 3G, HSDPA, LTE, LTE+ and 5G mobile Data, where network operators provide access to the internet through their network infrastructure.

Data Bundle means mobile data plans that you have purchased from the eSIM Voyaz shop.

Service Provider means Emtel Limited, a company registered under the laws of the Republic of Mauritius bearing Business Registration Number C06006174 and having its principal place of business at 10, Ebene Cyber City, Ebene.

Portal means eSIM Voyaz portal.

Subscriber means the Subscriber so named on the Subscription Order Form which applies for the Service(s), utilizes the Service(s) or browsing the Portal.

Force Majeure means an event or circumstance beyond the direct control of EMTEL. Force majeure events shall include, but not be limited to, acts of GOD, fire, floods, earthquakes, epidemics, strikes, lockouts, riots, effects of war, civil commotion, political unrest, and governmental acts, proclamations and regulations (including export and import control regulations and foreign exchange regulations).

1. Registration

1.1. You hereby warrant to Emtel that you have the required legal capacity to enter into and be bound by a contract to make any online purchase on the Portal under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older. Subscribers are free to browse the Portal without registration, but registration (Sign-up) is mandatory for the Subscriber to be able to perform the following:

  • Receiving newsletters with exclusive online offers
  • Opening an online account and purchasing the eSIM

1.2. Subscribers will need to provide the following details to process their registration:

  • Name
  • Surname
  • A valid e-mail address. (This e-mail address will be used for identification purposes and for sending notifications and electronic receipts)
  • A local mobile number

1.3. Online registration is free of charge for the Subscriber.

1.4. Emtel shall use all reasonable endeavors to protect the Subscriber's information submitted on the Portal in line with the Data Protection legislations and its Privacy Policy which is accessible on www.emtel.com.

1.5. Subscribers need to enter their email (e-mail address provided under Clause 1.2 above) and password (obtained upon registration) to log-in online.

1.6. Payment can be made by any card accepted by our payment gateway provider. Such cards shall include but are not limited to American Express, China Union Pay, JCB, Diners Club, Discover, MasterCard and Visa Card, Blink or other local payment options.

1.7. The Subscriber agrees that:

  • He will keep his username and password safe and will not share them with anyone.
  • He will not surrender his account to someone else.
  • He takes full responsibility in case he allows someone else to effect a payment online using his account credentials.
  • He will not pass himself off as someone else or create multiple, false accounts.
  • He will not use the account for any unlawful purposes.

1.8. The Subscriber acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the registration process. The Subscriber shall keep Emtel harmless from any claims and/or losses arising from any incorrect information provided by the Subscriber during registration on the Portal.

2. Security

2.1. The Subscriber is responsible for maintaining the confidentiality of his account and password obtained upon registration and for restricting access of third parties to his account. The Subscriber agrees to accept full responsibility for all activities that occur under his account and/or through the use of his password.

2.2. During registration on the Portal, the Subscriber will be asked to choose a login name and a password to access his account. His email address will be used as his login name.

2.3. If the Subscriber forgets or loses his password, the password can be reset online.

2.4. The Subscriber should change his password on a regular basis.

2.5. The Subscriber should be precautious with automatic sign in and must refrain from checking the "remember me" option on the application form screen if he uses a shared computer.

2.6. The Subscriber should notify his Bank immediately when his bank card is lost, stolen or expired.

2.7. Emtel implements security measures to protect personal information of the Subscribers during payment transactions. All information pertaining to any transaction on the Portal is encrypted before transmission. This Portal secures the Subscriber's private information.

2.8. If the Subscriber updates any of his information, Emtel may keep a copy of the information that the Subscriber originally provided in Emtel's archives for reasons as documented in this Policy. The Subscriber can view and modify his personal information by clicking on the Portal option "Log in".

2.9. Emtel may also share the Subscriber's data with its banks and other authorized persons for the purpose of processing the online payment transactions.

3. Cookies

The Emtel Cookie Policy shall apply to these eSIM Voyaz Terms and Conditions, accessible on www.emtel.com.

4. Description of Services

4.1. The Data bundle can only be used in specified country or countries.

4.2. All the bundles are sold with a preloaded data allowance that lasts for the term specified at the time of purchase, starting from the activation until the data allowance is used or the term expires. If your Data bundle expires before the included data allowance is used, you will lose the remaining amount of the data allowance.

4.2.1. You will be notified at 75%, 90% and 95% of your Data Bundle usage.

4.3. Once the data bundle is exhausted, you may need to use Wi-Fi or alternative means of accessing our website to purchase an additional bundle if you need one. Your Mobile Data connectivity from your device shall cease to work until a new data bundle is Activated.

4.4. If you plan to use the same eSIM again, please do not delete the eSIM. You can leave it installed and simply turn it OFF under Cellular Data Plans while not in use.

4.5. You may top up the same eSIM if you are traveling to the same country or countries again if you still have the eSIM installed on your device.

4.6. You cannot use the same eSIM if there are no available top-up options, or if you plan to use your eSIM for a different country than you've used before and it's not supported.

4.7. If you have already used an eSIM and return to Mauritius, the eSIM will be available for top-up again within 3 months. After 3 months the eSIM will be deleted from the platform and you will need to purchase a new one.

4.8. Our Plans are a Mobile Data service only and do not support voice calling or access to the emergency services.

4.8.1. The Mobile Data service depends on coverage from our country network partners.

4.8.2. The Mobile Data service cannot be guaranteed to be fault-free or free from interruptions. Factors such as (but not limited to) atmospheric conditions, population density, usage of the network by others, terrain, distance from the nearest cellular tower(s), position within a building, all will affect the quality of the Mobile Data service.

5. Prices and Payments

Our prices are displayed on the Portal and are tax-inclusive when you make a payment.

6. Refunds

6.1. If you have activated the Services but are unable to use them due to an error or omission on the part of Service Provider, or because Service Provider has decided to retire the Service, we will refund an amount equal to the price of the Service you have purchased in full. This is, however, subject to the following:

  1. You must have submitted a refund request within 30 days of the issue giving rise to your claim.
  2. Service Provider was not able to restore your ability to access and use the purchased Services within 10 days of receipt of your refund request.
  3. You have cooperated with our efforts to resolve any issues you were experiencing with accessing or using the Services.

6.2. Where you have partially consumed the Services that you are requesting a refund for, we will only ever refund an amount equal to the unused portion of the Services.

6.3. No refund/replacement. You will have no right to a refund or replacement of the Services in any other situation.

6.4. Refunds are only available to you if you have purchased the data bundle directly from the Portal.

6.5. How to apply for a Refund. You can submit a refund request to our support team either by emailing us at [email protected] or use Contact Us from the store itself. Our support team may ask you to provide further information to support your refund request, such as screenshots of the Device settings. Where a refund is due to you, we will credit it back via your original payment method within 15 working days.

7. Your Behavior When Using the Portal/Services

7.1. You may not use the Portal to obtain or distribute:

7.1.1. Material which is defamatory, unlawful or contains hate speech; or

7.1.2. Bulk e-mail, whether solicited or unsolicited.

7.2. You must not interfere with or jeopardize the functionality or the operation of any part of the Portal or attempt to interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Portal or its material.

7.3. You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behavior.

7.4. You may not intercept any information transmitted to or from Emtel or this Portal which is not intended by Emtel to be received by you.

7.5. The Subscriber and Payer(s) acknowledge that EMTEL operates under license(s) from the Regulatory Authority and the Subscriber hereby undertakes:

  1. to ensure that the Service is not used for any unlawful purpose;
  2. to ensure that the eSIM is lawfully possessed and does not contravene any law or regulation;
  3. to ensure that the Service is not used at any time to cause irritation, annoyance, embarrassment, harassment, or nuisance of any kind whatsoever to others;
  4. to comply with all relevant legislation, Directives and Guidance;
  5. to cease to utilize the Service for such periods as may be required by EMTEL;
  6. to be liable jointly and severally with all Payer(s) for all usage and charges until such time as the loss or theft of the SIM be disconnected from the Service;
  7. to continue to be liable for all fees and charges during the period of interruption or loss of Service for any cause whatsoever including if the Payer(s) fail, refuse or discontinue payments on behalf of the Subscriber;
  8. to promptly report to EMTEL the discovery of any event of fraud, theft, loss, unauthorized usage, or any other occurrence of unlawful acts/events in respect of the Services. Such report shall be supported by a statement to the Police;
  9. not to act or omit to act in a certain way which may injure or cause damage to any person, property or the System or cause the quality of the Service to be impaired.

7.6. The Subscriber acknowledges that the system and the Service may be subject to line of sight availability, interference and high atmospheric conditions and physical features, including (without prejudice to the generality hereof) high buildings, tunnels, lifts, trees and proximity of other air waves users.

7.7. The Subscriber agrees to indemnify EMTEL in respect of any claims, costs, damages and losses (including loss of profits and legal fees) sustained by EMTEL as a result of breach of the Agreement by the Subscriber.

7.8. Any person signing the Agreement on behalf of an individual or a company should produce relevant documents authorizing them to do so, as a guarantor or as a responsible official of the company, but the non-production of any such documents shall not impair EMTEL's claim against the company.

7.9. The eSIM is used by the Subscriber in order to gain access to EMTEL's network. It is the Subscriber's responsibility to keep it secure, as EMTEL is not liable for any loss or liability incurred by the Subscriber resulting from the unauthorized use of the eSIM. The Subscriber shall be liable for any charges incurred by the unauthorized use of the eSIM by any person until EMTEL is notified in writing and acknowledges its receipt, and the eSIM is disconnected from the Service.

8. Force Majeure

8.1. EMTEL shall not be liable to provide the service in the event of a Force Majeure or for acts or omissions of persons or bodies for whom EMTEL is not responsible or any other cause, whether similar or dissimilar, outside EMTEL's control.

8.2. No liability of any nature whatsoever shall be incurred by EMTEL on the happening of a Force Majeure or any such events as aforesaid.

9. Liability

9.1. The use of the Portal and reliance on any products or services available online is entirely at the Subscriber's own risk. The Portal, including all its functionalities, is provided "as is" and Emtel will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Portal for any reason whatsoever.

9.2. Emtel does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the Portal. The Subscriber acknowledges that any reliance upon any such opinion, advice, statement or information shall be at his sole risk. Emtel reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Portal and the Products & Services listed herein.

9.3. Whilst Emtel takes reasonable precautions in its operation of the Portal, neither Emtel nor its representatives will assume any responsibility and neither Emtel nor its representatives shall be liable for any damages to or for viruses that may infect the Subscriber's computer equipment or other property on account of his access to, use of or browsing of the Portal or his downloading of any materials, data, text images, video or audio from this Portal. Any material downloaded or otherwise obtained through the use of the Portal is done at the Subscriber's own discretion and risk and he will be solely responsible for any damage to his computer system or loss of data that results from the download of any such material and Emtel will be held harmless from such claims at all times.

9.4. The Subscriber agrees that under no circumstances whatsoever shall Emtel, its employees, representatives or contractors be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Subscriber, his directors, employees, dealers or Subscribers, resulting from his use of or inability to use the Portal or its material.

9.5. Emtel will at its best efforts screen or edit all the content available from the Portal to ensure that there is no illegal, defamatory or obscene content. You are encouraged to inform Emtel of any content on the Portal that may be offensive or illegal and hold Emtel harmless from any claims arising thereof.

10. Miscellaneous

10.1. No delay, neglect or forbearance on the part of EMTEL in enforcing any provision of this agreement shall be deemed to be a waiver or create a precedent or in any way prejudice EMTEL's rights under this agreement.

10.2. Where there is a conflict between this agreement and any other Conditions mentioned in or printed on any correspondence exchanged between the parties, this agreement will prevail.

10.3. In the event that any Term, Condition or Provision of this agreement is held to be a violation of any applicable law, statute or regulation, the same shall be deemed to be deleted from this agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such Term, Condition or Provision had not originally been contained in this agreement.

10.4. The headings in this agreement shall not affect its interpretation. Throughout this agreement, whenever required by context, the use of the singular number shall be construed to include the plural, and the use of the plural the singular, and the use of any gender shall include any genders.

10.5. The schedules and/or annexes to this agreement constitute an integral part thereof.

10.6. Special Conditions in the annexes below shall also constitute an integral part of this Agreement.

11. Laws Applicable – Jurisdiction

The construction, validity and performance of the Agreement shall be governed by the laws of the Republic of Mauritius, and the parties irrevocably submit to the exclusive jurisdiction of the Republic of Mauritian courts for the purpose of enforcing any claim arising hereunder.

Contacting Us

If you have any questions about these Terms or if you need support in relation to the Services, please contact us at [email protected].