eSIM Terms and Conditions

1. About the eSIM Service

(a) Welcome to Tripply (Application). The Application provides you with an opportunity to browse and purchase eSIM data plans and related mobile connectivity products (eSIM Products) that enable mobile data and, where offered, voice and messaging services while travelling. The Application provides this service by granting you access to the content on the Application and by provisioning the eSIM Products to your compatible device (eSIM Services).

(b) The Application is operated by Day Five Innovations Pty Ltd (ACN 681601669). Access to and use of the Application, or any of its associated eSIM Products or eSIM Services, is provided by Day Five Innovations Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, or by purchasing, activating or using an eSIM Product, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its eSIM Services, immediately.

(c) You acknowledge that an eSIM Product is a telecommunications service and not merely a digital good. The eSIM Services are delivered over mobile networks operated by third party carriers and their roaming partners (Carriers), and the availability, coverage, performance and speed of those networks are outside the control of Day Five Innovations Pty Ltd.

(d) Day Five Innovations Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Day Five Innovations Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using or browsing the Application, or by purchasing, downloading, installing, activating or using an eSIM Product. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Day Five Innovations Pty Ltd in the user interface.

3. Registration and information collected

(a) In order to access the eSIM Services, you must first register as a user of the Application. As part of the registration process, or as part of your continued use of the eSIM Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

Email address
Preferred username
Billing address
Telephone number
Password

(b) In addition, in order to provision, activate and support the eSIM Services, Day Five Innovations Pty Ltd and the Carriers may collect, generate or process technical and network information associated with your device and your use of the eSIM Products, including:

device identifiers, including the device EID and IMEI;
the Integrated Circuit Card Identifier (ICCID) of your eSIM profile;
the International Mobile Subscriber Identity (IMSI) associated with your eSIM profile;
network and location-related information necessary to provide the service, such as the network or country in which your device is registered; and
usage metadata, such as data volume consumed, session times and the validity period remaining on a plan.

(c) You warrant that any information you give to Day Five Innovations Pty Ltd in the course of completing the registration process, or in the course of purchasing or activating an eSIM Product, will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the eSIM Services.

(e) You may not use the eSIM Services and may not accept the Terms if:

you are not of legal age to form a binding contract with Day Five Innovations Pty Ltd; or
you are a person barred from receiving the eSIM Services under the laws of Australia or other countries including the country in which you are resident or from which you use the eSIM Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following. You will use the eSIM Services only for purposes that are permitted by:

the Terms;
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, including any laws governing the use of telecommunications services in the country in which you use the eSIM Product;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address, and for safeguarding any eSIM activation details, including QR codes and activation codes, issued to you. Use of your password, or your eSIM activation details, by any other person may result in the immediate cancellation of the eSIM Services;

(c) any use of your registration information or eSIM activation details by any other person, or third parties, is strictly prohibited. You agree to immediately notify Day Five Innovations Pty Ltd of any unauthorised use of your password, email address or eSIM activation details or any breach of security of which you have become aware;

(d) access and use of the Application and the eSIM Products is limited, non-transferable and allows for the sole use of the Application and the eSIM Products by you for the purposes of Day Five Innovations Pty Ltd providing the eSIM Services;

(e) you will not use the eSIM Services or Application for any illegal and/or unauthorised use, which includes using the eSIM Services to send unsolicited communications, to engage in fraudulent, abusive or unlawful conduct, to circumvent the usage limits or geographic restrictions of an eSIM Product, or to resell or commercially exploit the eSIM Services without the prior written consent of Day Five Innovations Pty Ltd;

(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the eSIM Services. Appropriate legal action will be taken by Day Five Innovations Pty Ltd for any illegal or unauthorised use of the Application; and

(g) you acknowledge and agree that any automated use of the Application or its eSIM Services, including the use of the eSIM Services for machine-to-machine or bulk routing purposes other than as expressly permitted, is prohibited.

5. Device compatibility, activation and installation

(a) The eSIM Products can only be used on devices that are eSIM-capable, carrier-unlocked and compatible with the network bands used by the relevant Carrier in the destination country or region. It is your sole responsibility to check, before purchasing an eSIM Product, that your device meets these requirements.

(b) Day Five Innovations Pty Ltd may make available a list of supported or compatible devices and compatibility guidance on the Application. This guidance is provided as a convenience only and does not constitute a warranty that any particular device will work with a particular eSIM Product. Device manufacturers may change device capabilities, and carrier or regional locks applied by a manufacturer, network or retailer may prevent an otherwise eSIM-capable device from using the eSIM Products.

(c) You acknowledge and agree that you are responsible for ensuring your device is unlocked and free of any SIM lock or carrier restriction that would prevent activation or use of an eSIM Product.

(d) To use an eSIM Product, you must install and activate the eSIM profile on your device, typically by scanning a QR code or entering an activation code, and by following any installation instructions provided on the Application. Activation may require an internet connection (such as Wi-Fi). You are responsible for completing the installation and activation correctly and for any data charges incurred during installation under any other plan.

(e) Some eSIM Products must be installed and/or activated within a stated window after purchase, or before a stated expiry date. You acknowledge that failure to install or activate an eSIM Product within the stated period may result in the eSIM Product expiring without value, and you will not be entitled to a refund in those circumstances except as required by the Australian Consumer Law.

(f) You acknowledge that an eSIM profile can generally only be installed once. If you delete an eSIM profile from your device, reset your device, or transfer to a new device, you may be unable to reinstall the same eSIM profile and a new eSIM Product may need to be purchased.

6. Network coverage, performance and service availability

(a) The eSIM Services are provided over mobile networks operated by the Carriers and their roaming partners. Day Five Innovations Pty Ltd does not own or operate these networks. Coverage, network availability, the network technology available (such as 5G, 4G/LTE or 3G), and data speeds depend entirely on the Carriers and are not guaranteed.

(b) You acknowledge and agree that:

coverage is limited to the geographic areas, countries or regions specified for the relevant eSIM Product, and may vary or be unavailable within those areas;
data speeds are not guaranteed and may be affected by your device, your location, the network technology available, network congestion, the number of users on the network and other factors beyond our control;
the Carriers may apply a fair usage policy, and may reduce, throttle or limit data speeds (including after a threshold of usage), prioritise other traffic during periods of congestion, or restrict particular uses of the network;
temporary outages, interruptions, maintenance, network upgrades, and degraded performance may occur from time to time; and
the Carriers or relevant authorities may suspend, restrict or block the service in particular locations or circumstances, including for regulatory, security or technical reasons.

(c) Day Five Innovations Pty Ltd may suspend or restrict your access to the eSIM Services where required by a Carrier, by law, or by a regulatory authority, or where it reasonably suspects fraudulent, unlawful or abusive use, or use in breach of an applicable fair usage policy.

(d) To the extent permitted by law, Day Five Innovations Pty Ltd does not warrant that the eSIM Services will be continuous, uninterrupted, error-free, or available at any particular speed or in any particular location.

7. Data plans, validity, expiry and top-ups

(a) Each eSIM Product is sold with a specified data allowance, validity period and coverage area, as described on the Application at the time of purchase. The validity period generally begins on activation of the eSIM Product, or on first connection to a Carrier network, or on another date specified for the eSIM Product, whichever is stated to apply.

(b) An eSIM Product expires at the end of its validity period or when its data allowance has been fully consumed, whichever occurs first. On expiry, the eSIM Product and any unused data allowance are forfeited and have no cash or other value, except to the extent otherwise required by the Australian Consumer Law.

(d) Where top-ups, add-ons or renewals are offered, they are subject to the data allowance, validity period, coverage area and pricing applicable to that top-up, add-on or renewal at the time it is purchased. The purchase of a top-up does not extend the validity period of a previously purchased plan unless expressly stated.

(e) Each eSIM Product is restricted to use within the country or region specified for that eSIM Product. Use of your device outside the specified coverage area will not be supported by the eSIM Product and may not connect to any network.

8. Third-party carriers and network services

(a) You acknowledge and agree that Day Five Innovations Pty Ltd acts as a reseller and facilitator of mobile connectivity, and that the underlying telecommunications services comprising the eSIM Products are provided by the Carriers and their roaming partners.

(b) Your use of the eSIM Services may be subject to the terms, acceptable use policies, fair usage policies and other conditions imposed by the relevant Carriers. Coverage, performance, supported network technologies and available services may vary between Carriers and between locations.

(c) Day Five Innovations Pty Ltd is not responsible or liable for any act, omission, outage, fault, restriction, change of service, or failure of any Carrier or network, or for any loss or damage arising from such matters, to the extent those matters are beyond the reasonable control of Day Five Innovations Pty Ltd.

9. Purchase of eSIM Products and payment

(a) In using the eSIM Services to purchase an eSIM Product through the Application, you agree to the payment of the purchase price listed on the Application for the eSIM Product (Purchase Price).

(b) Payment of the Purchase Price may be made through one of the following third party providers: Stripe (Payment Gateway Providers). In using the eSIM Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by Day Five Innovations Pty Ltd, you will be issued with a receipt and with the eSIM activation details (such as a QR code or activation code) required to install the eSIM Product. Day Five Innovations Pty Ltd may record your purchase details for future use.

(d) Because eSIM Products are delivered electronically, there is no physical product, packaging, postage, shipping or physical delivery, and no physical return is possible.

10. Refunds, cancellations and defective provisioning

(a) The eSIM Products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this clause limits or excludes any right or remedy you may have under the Australian Consumer Law. Any benefits set out in these Terms apply in addition to your rights under the Australian Consumer Law.

(b) Subject to clause 10(a) and the Australian Consumer Law, because eSIM Products are digital telecommunications services that are made available for immediate use:

refunds are generally not available once an eSIM Product has been activated, installed or used;
refunds are generally not available once the QR code or activation code for an eSIM Product has been issued, downloaded or revealed to you, as the eSIM Product is then capable of being used; and
partial refunds, where offered, are provided only at the sole discretion of Day Five Innovations Pty Ltd and only in defined circumstances, such as where an eSIM Product has not been activated.

(c) Day Five Innovations Pty Ltd may, at its sole discretion and subject to the Australian Consumer Law, provide a refund or a replacement eSIM Product where an eSIM Product has been defectively provisioned and cannot be activated or used, and the fault is attributable to Day Five Innovations Pty Ltd rather than to your device, your conduct, an incompatible or locked device, a lack of coverage, or a Carrier matter described in clauses 6 and 8.

(d) Before a claim for a refund or replacement will be considered, you must contact us by sending an email to [email protected] describing the issue, the eSIM Product purchased, your device make and model, and the troubleshooting steps you have taken. Day Five Innovations Pty Ltd may require additional information, screenshots or diagnostic details, and may require you to follow reasonable troubleshooting steps, in order to assess the claim.

(e) No refund or replacement will be provided where the issue arises from your failure to check device compatibility, an incompatible, locked or unsupported device, your failure to install or activate the eSIM Product correctly or within any stated period, use outside the specified coverage area, or matters beyond the reasonable control of Day Five Innovations Pty Ltd, except to the extent required by the Australian Consumer Law.

11. Copyright and Intellectual Property

(a) The Application, the eSIM Services and all of the related products of Day Five Innovations Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Day Five Innovations Pty Ltd or its contributors.

(b) Day Five Innovations Pty Ltd retains all rights, title and interest in and to the Application and all related content. Nothing you do on or in relation to the Application will transfer to you:

the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Day Five Innovations Pty Ltd; or
the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Day Five Innovations Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

(d) Any content you submit, upload, or display through the Application ("User Content") remains your intellectual property, but you grant a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, and display such User Content for the purpose of operating and improving the Application. You warrant that any User Content you provide does not infringe any third-party intellectual property rights and you have all necessary rights or permissions for any third-party materials included in your User Content.

12. Privacy

Day Five Innovations Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or the eSIM Services is subject to Day Five Innovations Pty Ltd's Privacy Policy, which is available on the Application. You acknowledge that, in order to provision and support the eSIM Services, certain technical and network information described in clause 3(b), including device identifiers, ICCID, IMSI, location-related network information and usage metadata, may be collected and shared with the Carriers and other service providers as necessary to provide the eSIM Services.

13. General Disclaimer

(a) You acknowledge that Day Five Innovations Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the eSIM Products or the underlying network services other than provided for pursuant to these Terms.

(b) Day Five Innovations Pty Ltd will make every effort to ensure an eSIM Product, including its data allowance, validity period and coverage area, is accurately described on the Application, however, you acknowledge that coverage, speeds, supported network technologies and availability depend on the Carriers and may differ from what is displayed on the Application.

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
Day Five Innovations Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the eSIM Services or these Terms (including as a result of not being able to use the eSIM Services, network outages, lack of coverage, reduced speeds, or the late supply of the eSIM Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Application, the eSIM Services, and any of the products of Day Five Innovations Pty Ltd is at your own risk. Everything on the Application, the eSIM Services, and the eSIM Products of Day Five Innovations Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, Carriers, third party content providers or licensors of Day Five Innovations Pty Ltd make any express or implied representation or warranty about its Content or any products or eSIM Services referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, network outage or congestion, reduced or throttled data speeds, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Application, the eSIM Services, or any of its Content related products (including coverage maps, compatibility lists, third party material and advertisements on the Application);
costs incurred as a result of you using the Application, the eSIM Services or any of the eSIM Products, including data charges incurred under another plan during installation or activation;
the Content or operation in respect to links which are provided for the User's convenience;
any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

14. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Day Five Innovations Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Day Five Innovations Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

15. Limitation of Liability

(a) Day Five Innovations Pty Ltd's total liability arising out of or in connection with the eSIM Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Day Five Innovations Pty Ltd is the resupply of information or eSIM Services to you.

(b) You expressly understand and agree that Day Five Innovations Pty Ltd, its affiliates, employees, agents, contributors, Carriers, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) Day Five Innovations Pty Ltd is not responsible or liable in any manner for any site content (including the Content or third party content) posted on the Application or in connection with the eSIM Services, whether posted or caused by users of the Application of Day Five Innovations Pty Ltd, by third parties or by any of the eSIM Services offered by Day Five Innovations Pty Ltd.

(d) You acknowledge that Day Five Innovations Pty Ltd does not own or operate the Carrier networks over which the eSIM Services are delivered, and you agree that Day Five Innovations Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with any act, omission, outage, restriction or failure of any Carrier or network.

16. Termination of Contract

(i) The Terms will continue to apply until terminated by either you or by Day Five Innovations Pty Ltd as set out below.

(ii) If you want to terminate the Terms, you may do so by:

notifying Day Five Innovations Pty Ltd at any time; and
closing your accounts for all of the eSIM Services which you use, where Day Five Innovations Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Day Five Innovations Pty Ltd via the 'Contact Us' link on our homepage.

(iii) Day Five Innovations Pty Ltd may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;
Day Five Innovations Pty Ltd is required to do so by law;
the Carrier or partner with whom Day Five Innovations Pty Ltd offered the eSIM Services to you has terminated its relationship with Day Five Innovations Pty Ltd or ceased to offer the eSIM Services to you;
Day Five Innovations Pty Ltd is transitioning to no longer providing the eSIM Services to Users in the country in which you are resident or from which you use the service; or
the provision of the eSIM Services to you by Day Five Innovations Pty Ltd is, in the opinion of Day Five Innovations Pty Ltd, no longer commercially viable.

(iv) Subject to local applicable laws, Day Five Innovations Pty Ltd reserves the right to discontinue or cancel your membership to the Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the eSIM Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Day Five Innovations Pty Ltd's name or reputation or violates the rights of those of another party.

(v) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Day Five Innovations Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

17. Indemnity

(a) You agree to indemnify Day Five Innovations Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Application, or any use of the eSIM Services in breach of these Terms or any applicable law or Carrier policy;
any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so and any breach by you or your agents of these Terms; and/or
any breach of the Terms.

18. Dispute Resolution

18.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

18.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

18.3. Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Melbourne, Australia.

18.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

18.5. Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

19. Venue and Jurisdiction

The eSIM Services offered by Day Five Innovations Pty Ltd are intended to be purchased by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

20. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

21. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

eSIM Terms and Conditions of Use