1. Your Agreement
This document represents a legal document that sets out the basis and terms upon which DATAPRO TECHNOLOGIES PRIVATE LIMITED (“ESKIMO”, “we”, “us”, “our”) provides access to our mobile application (”ESKIMO App”), our website, www.eskimo.travel, (“ESKIMO Website”) and/or use the International Mobile Roaming Data service operated by ESKIMO (the “ESKIMO Services”) and/or such other product and services provided by ESKIMO, our partners and affiliates and our third party services providers (“Other Services”).
Please read these terms of service (“Terms of Service”) carefully before proceeding with the ESKIMO App, ESKIMO website and/or use the ESKIMO Services and/or Other Services. This Terms of Service, along with our Privacy Policy in the ESKIMO App and ESKIMO Website and other guidelines highlighted to you (collectively “Legal Terms”), constitute the entire and only agreement between you and ESKIMO.
By using the ESKIMO App, ESKIMO Website, the ESKIMO Services or Other Services, you agree to fully comply with and be bound by our Legal Terms. If you do not accept our Terms of Service, do not access and use the ESKIMO App, ESKIMO Website, ESKIMO Services, and Other Services (as the case may be).
2. Definitions
Capitalized terms, unless otherwise defined, have the meaning specified below:-
"Network" means all networks owned, maintained or operated by and/or leased or licensed to a telecommunication services providers through which we provide the ESKIMO Services and Other Services.
3. ESKIMO Services and Other Services
3.1 ESKIMO and our partners and affiliates and third-party services providers may change, suspend, or discontinue the ESKIMO Services or any of the Other Services at any time, including the availability of any feature or content without notice or liability or the list of supported countries.
3.2 ESKIMO does not guarantee that the ESKIMO Services or Other Services will always be available or uninterrupted. ESKIMO will not be liable to you if for any reason the ESKIMO Services or Other Services are unavailable at any time or for any period.
3.3 You can subscribe for the ESKIMO Services or Other Services if you are at least i) 15 years old or older, or ii) either (a) an emancipated minor, or (b) you possess legal parental or guardian consent. We may refuse to provide the ESKIMO Services and any Other Services at our discretion.
4. Registration
4.1 You are required to register an account to access the ESKIMO Services and Other Services (“Eskimo Account”).
4.2 During the registration process you shall provide accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Terms of Service, which may result in termination of your Eskimo Account or access to the ESKIMO Services and Other Services.
4.3 The data plan purchased starts when your data is connected to any supported network for the first time or when you transfer data (if applicable) and ends upon the expiry of the data plan purchased or as terminated earlier in accordance with the provisions in this Terms of Service.
4.4 Any data plan(s) purchased that is unused by its expiry date will not be carried forward and will not be subjected to refunds.
4.5 ESKIMO reserves the right to refuse registration or access to the ESKIMO Services and Other Services at its sole discretion.
5. Payments
5.1 All purchases transacted on the ESKIMO App or ESKIMO Website is protected by the “ESKIMO GUARANTEE”. If you are unable to install ESKIMO eSIM or establish a connection for any reason, we will refund your purchase. Please contact us through your ESKIMO account by using our 24/7 live human chat service to verify your purchase. Refunds can be processed immediately.
5.2 You may pay through your credit/debit card or in some other payment system or method we may agree to. No cash payment is allowed for the ESKIMO Services or Other Services.
5.3 You are responsible for all taxes, goods and services tax, duties, levies and other similar charges imposed under any laws in respect of the provision of the ESKIMO Services and Other Services.
5.4 ESKIMO reserves the right to change its price list for fees or charges at any time, upon notice to you on the ESKIMO App or ESKIMO Website. Your use, or continued use, of the ESKIMO Services and/or Other Services following such notification constitutes your acceptance of any new or revised fees or charges.
6. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the ESKIMO App, ESKIMO Website, ESKIMO Services and Other Services.
7. Termination or Suspension
7.1 This Terms of Service shall remain in full force and effect while you use the ESKIMO Services and Other Services. ESKIMO may terminate or suspend your access to the ESKIMO Services and/or Other Services at any time, for any reason, and without notice or liability.
Upon termination of your access to the ESKIMO Services and/or Other Services, your right to use the ESKIMO Services and/or Other Services will cease immediately.
7.2 Upon termination or suspension of your access to the ESKIMO Services and/or Other Services, your right to use the ESKIMO Services and/or Other Services will cease immediately.
7.3 In the event of the suspension of ESKIMO Service, any remaining data balance you possess shall persist until its designated expiration date. To reactivate or reinstate the ESKIMO Service during a suspension, please initiate contact through your ESKIMO account, utilizing our 24/7 live human chat service for the purpose of verification.
8. Your Responsibilities
8.1 You are responsible for making all arrangements necessary for you to have access to the ESKIMO Services or Other Services, including, the appropriate devices.
8.2 It is your responsibility to ensure that the device is eSIM-compatible and network-unlocked. As device compatibility may depend on the carrier and country of origin, you must check the list of eSIM-compatible devices provided at the checkout. The eSIM compatibility list specified on the ESKIMO App and ESKIMO Website is not exhaustive, meaning that there might be newly announced eSIM-compatible devices that have not yet been added.
9. Use of Network
9.1 You agree that ESKIMO is NOT the owner of the Network at all times, even if parts of the Network (such as equipment, cables and/or fixtures) may be located on our premises. We are merely providing you access to the Network using the ESKIMO Services and/or Other Services.
9.2 ESKIMO does not control the Network and, therefore, unable to guarantee continuous, trouble-free operation of the ESKIMO Services and/or Other Services. Gaps in coverage may nevertheless be encountered even in areas that are designated as covered.
9.3 From time to time and in order to protect and enhance the ESKIMO Services, Other Services, and Network, the ESKIMO and/or the network services providers will need to take appropriate actions to protect, maintain, improve and/or manage the Network. You may not be able to access the Network during such period.
9.4 We shall not be liable for any loss you may incur or suffer during the period the Network access is down or inaccessible.
10. Links
The ESKIMO App or ESKIMO Website may contain links to third-party websites (“Third-Party Websites”). These links are provided solely as a convenience to you. By linking to these Third-Party Websites, we do not create or have an affiliation with, or sponsor such Third-Party Websites. The inclusion of links within the ESKIMO App or ESKIMO Website does not constitute any endorsement, guarantee, warranty, or recommendation of such Third-Party Websites. ESKIMO has no control over the legal documents and privacy practices of Third-Party Websites, as such, you access any such Third-Party Websites at your own risk.
11. Intellectual Property
All intellectual property rights subsisting in respect of the ESKIMO App, ESKIMO Website and ESKIMO Services belong to ESKIMO or have been licensed to ESKIMO. The ESKIMO App, ESKIMO Website, ESKIMO Services and Other Services are protected by international intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws.
12. Indemnity
You will indemnify and hold ESKIMO and our holding companies, subsidiaries, partners and affiliates and third-party services providers and our/their officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third-party due to or arising out of your access and use of the ESKIMO Services and/or Other Services or your violation of this Terms of Service.
13. Disclaimers
13.1 ESKIMO has no special relationship with or fiduciary duty to you for accessing and using ESKIMO Services and/or the Other Services.
13.2 THE ESKIMO APP, ESKIMO WEBSITE, ESKIMO SERVICES AND OTHER SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ESKIMO. THE ESKIMO SERVICES AND THE OTHER SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
14. Remedies
IN NO EVENT WILL ESKIMO OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF THE ESKIMO SERVICES AND OTHER SERVICES, EVEN IF ESKIMO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ESKIMO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF THE ESKIMO SERVICES AND OTHER SERVICES.
15. Governing Law
This Terms of Service shall be governed by the laws of the Republic of Singapore. You agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
16. Miscellaneous
16.1 If any provision of this Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect and enforceable.
16.2 This Terms of Service have been drafted, and shall be construed, in the English language. Any translation of the Terms of Service is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Service shall always prevail.
17. Contact
Please contact ESKIMO at support@eskimo.travel to report any violations of this Terms of Service or to pose any questions regarding this Terms of Service or the ESKIMO Services and the Other Services.
Last updated: 31 January 2024
2022 DATAPRO TECHNOLOGIES PTE. LTD.
All rights reserved.