These terms and conditions outline the rules and regulations for the use of Vivid Productions Co. Ltd’s Website.

Vivid Productions Co. Ltd is located at:

Siripanich Building no.191 Moo. 2 , Huaikeaw st. T. Sutep Muang,
Chiang Mai – 50200, Thailand

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Vivid Productions Co. Ltd’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers
to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Client in the most appropriate manner, whether by formal meetings
of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect
of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law
of Thailand. Any use of the above terminology or other words in the singular, plural,
capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Definitions

“Agreement“ means the agreement between You and us for which these Terms of Use will apply.

“Service(s)” means the mobile internet communication service and all the related web applications provided by Us under eSIM2Fly brand.

“User” means the individual who has opened an account with Us and has or is about to use the eSIM sold.

“eSIM” or “eSIM profile” in this Terms means a carrier profile for embedded Subscriber Identity Module (eSIM) that is conformed to the GSM Association standard.

“QR code” in this Terms means a QR code for Users to download and install an eSIM profile to their devices.

“Network Operator” or “Network Provider” in this Terms means each of the operator partners in whose networks the eSIM may be used by the User.

“Top Up” or “Recharge” means the purchase of a Credit by the User for additional data usage.

“You“, “eSim2fly User“, “User” or the “Customer“ means the authorised user or party who purchases or uses eSIM service.

Service Description

eSIM2Fly allows for cellular data service as defined by the Global System for Mobile Association (GSMA). Additional services, including voice calls, SMS, and MMS can be made with the eSIM.

No Warranties

The User agrees that the eSIM2Fly Service shall be provided on an “as-is” basis. 

You acknowledge that mobile internet service is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such it can be interfered with by numerous external sources or by obstacles inherent in buildings or terrain and as such we cannot guarantee a perfect or error-free transmission, both in terms of quality or availability of the Service. Also, please note that the network operator in the country of use will be responsible for network coverage, quality and availability.

The Service is not fault-tolerant and is not designed or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, examples such as in the operation of nuclear facilities, aircraft navigation or aircraft communication systems, public transportation, direct life support machines, or weapon’s systems, in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage (“high risk activities”). Accordingly, we disclaim any express or implied warranty of fitness for high risk activities. User agrees that we shall not be liable for any claims or damages arising from or related to the use of The Service in high risk activities or similar applications.

Rights

We reserve the right to choose our network operators and technology partners as we deem appropriate and to provide access to the Service in any manner we deem in the best interest of our business requirements. In this regard you hereby consent to us disclosing and using any of your personal data when required for the provision of the Service. Any such use of your personal data will be subject to the terms of our Privacy Policy. 

In addition the User warrants a correct and accurate First and Last name, contact phone number and contact email.  We reserve the right of service cancellation in the case information provided is inaccurate.

The User, by making his/her first online purchase for a eSIM2Fly, consents and authorizes us to automatically debit the credit card (or other authorized payment method) used for the first purchase of the same eSIM.  

The User, 

QR Code

A QR code can be used for one time only and the User cannot re-use it.

The User shall be fully responsible for the use and the management of the QR code and under no circumstances shall we be liable for any loss, expenses, or damages.

A QR code is valid for 60 days from the day it was purchased, unless otherwise expressly provided in the Terms. Thailand Standard Time applies.

eSIM Profile

The User shall be fully responsible for the use and the management of the eSIM and under no circumstances shall we be liable for any loss, expenses, or damages.

eSIM cannot be re-issued.

eSIM is registered to Our account and is non-transferable.

For the protection of the User and per our data retention compliance, we reserve the right to remove accounts that are inactive for over 18 months from their last activity.

Monitoring

We may at our discretion disconnect your eSIM if we have reasonable cause to suspect fraudulent use of a credit card/debit card, your eSIM card or mobile phone using the Service. We reserve the right to check your card transaction for our Service as well as to monitor your data usage with the  eSIM.

We may monitor the Service and disclose information gained from such monitoring in order to satisfy any law, regulation or other governmental request, to operate and administer the Service, or to protect us or our other customers. The disclosure is conformed to our Privacy Policy.

Discontinuation of Service

If there are unavoidable reasons (including but not limited to technical reasons), we may discontinue provision of the Service in whole or partially.

Currency

The default transaction currency for Our Services shall be US Dollars or the displayed currency at the point of sale.

Prohibited Acts

In addition to any other provision of the Terms, the User shall not:

  • use the terminal device in any way that is not in compliance with the technical standards established by the applicable laws and regulations equivalent to the Federal Communications Commission (FCC) rules or the CE Marking (CE Mark) for Radio Telecommunications Equipment;
  • use the terminal device not supported by the eSIM;
  • perform any act prohibited by the telecommunication carrier(s);
  • perform any act prohibited by the applicable laws and regulations in the countries where the User uses The Service;
  • use The Service for child prostitution, viewing or acquiring child pornography or sending nuisance email or any other purpose that we regard as inappropriate;
  • attack our web server by using unauthorized access or a computer virus;
  • let a third party perform any of the respective acts of the preceding paragraph (j); or
  • transfer any data plan, data top-up or eSIM purchased by the User to third party.

Force Majeure

eSIM2Fly shall not be liable for any breach of this Agreement caused by Act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom eSIM2Fly is not responsible which includes, but is not limited to, third party operators whom eSIM2Fly may use in order to provide our Service, or any other cause whether similar or dissimilar or outside our reasonable control. Upon the happening of a force majeure event, eSIM2Fly may elect to terminate this Agreement or the Service or any part thereof or suspend the performance of this Agreement in whole or in part for the duration of the delaying period.

Severability

If any provision in this Terms is found to be invalid or unenforceable, then the meaning of such provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if not feasible.

Cookies

We employ the use of cookies. By using Vivid Productions Co. Ltd’s website you consent to the use of cookies
in accordance with Vivid Productions Co. Ltd’s privacy policy.

Most of the modern day interactive web sites
use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site
to enable the functionality of this area and ease of use for those people visiting. Some of our
affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Vivid Productions Co. Ltd and/or it’s licensors own the intellectual property rights for
all material on Vivid Productions Co. Ltd. All intellectual property rights are reserved. You may view and/or print
pages from https://esim2fly.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://esim2fly.com
  2. Sell, rent or sub-license material from https://esim2fly.com
  3. Reproduce, duplicate or copy material from https://esim2fly.com

Redistribute content from Vivid Productions Co. Ltd (unless content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same
      manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
      and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long
    as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or
    approval of the linking party and its products or services; and (c) fits within the context of the linking
    party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American
      Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavorably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to helpdesk@esim2fly.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the
    context and format of content on the linking party’s site.

No use of Vivid Productions Co. Ltd’s logo or other artwork will be allowed for linking absent a trademark license
agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge,
we will not be liable for any loss or damage of any nature.