The following terms and conditions (the “Terms and Conditions”) shall apply to all services rendered by Kolet, whose headquarters is 6 rue d'Armaillé 75017 Paris (France) registered under the number 981 094 261 with the French Trades and Companies Register of Paris, hereafter referred to as Kolet, in connection with the prepaid eSIM reselling.
These Terms and Conditions constitute a legally binding agreement (“Agreement”) made between you (“you” or the “Customer(s)”) and Kolet, concerning your access to and use of our mobile application (the “Kolet App”). You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms and Conditions.
Supplemental terms and conditions or documents that may be posted on the App from time to time also form part of these Terms and Conditions. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We may alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
Terms of Service
Registration
The Customer may register for the Service through the creation of an account on the Kolet App (“Kolet Account”).
The Customer must provide his/her/their First and Last name, and verifiable email address to register. Additionally Customers may upload their profile photo and state their travel preferences. Such information can be provided voluntarily.
The Customer must accept the Terms and Conditions to register for the Service.
The Customer must be over the legal age to form a binding contract in his jurisdiction.
Once the Kolet Account has been created, a confirmation email will be sent to the email address given by the Customer in the account registration form. This email address will be the one used by Kolet to communicate with the Customer.
Upon the registration of an account, the Customer will be able to download an eSim on his Device with a data package free of charge only for a limited amount of data (up to 1GB) or a limited amount of time (48 hours from the activation of the Service), whichever expires first, as a free trial (the “Free Trial”). The Free Trial is available only once per Customer and cannot be used when the Customer has already purchased the Service
Purchase and Activation
Kolet may restrict the availability of plans to some countries. Customers can search, select and purchase our plans on the Kolet App.
By purchasing the Service, Customers acknowledge that they have an unlocked, eSIM-compatible Device, which is a prerequisite for the Service.
The Customer will be able to choose the requested data plan among the ones proposed by Kolet in the country selected. The Customer will get access to the main characteristics of the data plan selected and its price.
After the selection of the data plan, the Customer will be able to get an overview of his order. Upon the verification of his Order, the Customer may confirm it once and get access to the payment.
The Customer will then be able to proceed with the payment. This confirmation implies the acceptation of the Terms and Conditions and shall constitute proof of the sale agreement between the Customer and Kolet. This order comes with a payment obligation (see section 2 below).
On purchase, the Customer must download the eSIM onto the Customer’s Device in order for the data plans to be configured as per the Customer order (if the eSim has not already been installed). The downloaded eSIM shall continue to remain on the Customer Device after credit has been expended or your plan has expired. Customers can choose to remove the eSIM in their phone settings at any time, but Kolet recommends that the Customer do not remove eSIM until his plan has been depleted or expired.
To implement the Service, the Customer must first download the eSIM (if it was not already installed through the free trial first, then activate the data plan attached to the eSIM in order for Service to commence. This downloading eSIM and the activation of the plans may require stable internet connection.
The eSIM data packages from Kolet are offered as-is, and no further modifications or customization can be made based on individual requests once purchased.
Duration and Termination
The Service shall commence immediately following a successful download of eSIM and activation of the data plan associated with the eSIM.
The duration of the Service will be as per the terms of the plan purchased.
The Service will terminate either on full consumption of plan or expiry of duration of the plan, whichever is earlier.
Kolet may suspend the Customer’s use of the Service in case of breach of Customer obligations mentioned below, with or without any notice.
Engagement
The Service is provided on an “as is” and “as available” basis. Kolet shall use reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider’s ability to maintain network capacity and connection availability. However because Kolet relies on technology and networks provided by its partners, Kolet cannot guarantee network coverage, quality or availability of the Service.
Kolet partners with other entities to provide the Service. Customers agree to comply with Terms and Conditions of our partners as well, available when purchasing the data plan.
Availability of Service depends on our partners’ ability to maintain network capacity and connection availability, for which there are no guarantees.
Customer Obligations
Customer agrees to use the Service in compliance with these Terms and Conditions and to be responsible for all use of the Service.
Customers agree to submit true, accurate, and complete registration information, and to keep such information up-to-date.
Customer agrees to keep the password confidential and will be responsible for all use of the account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is objectionable.
Customer agrees to use the Service in accordance with all applicable laws and regulations of the home nation, the country of residence, and the country in which the customer is present.
Customer agrees that the Service shall be used for personal consumption only.
Customers agree that the Service shall not be used to engage in any action that is abusive, illegal or fraudulent or that causes the Network to be impaired or damaged.
Customer agrees that Kolet may suspend the Service in case of breach of the above obligations, and that the Customer will continue to be liable and shall pay all charges due under these Terms and Conditions in respect of the suspended Services. Do note that any attempt to deliberately damage or undermine the legitimate operation of the Services may be in violation of criminal and civil laws. Kolet reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
Payment Terms
The Customer may register and buy the Service on the Kolet App. Payment may be processed through an authorized agent of Kolet (Stripe).
The default transaction currency for the Service shall be Euro. All charges for the Service regardless of their origin are payable in Euro.
All eSIMs are prepaid and prices are indicated in Euro and inclusive of any indirect taxes, unless specified otherwise. Indirect Tax will be levied on the basis of the zip code shown in the billing information related to the Credit Card Payment.
Indirect Taxes means sales tax, value-added tax, and any similar levies or taxes imposed by government entities at the time of sale of Plans.
Returns and Refunds Policy
Customers will be charged upon the purchase of eSIM.
Customers may request a refund or a change prior to the installation and activation of the eSIM within 14 days from the purchase date (see section 1.2.5) or there is a known technical problem originating from Kolet after activation of eSIM.
To request a refund, the Customer must give notice within 14 days for his withdrawal by sending an explicit declaration by e-mail with acknowledgement of receipt to the following e-mail address: [email protected]. The Customer may use the following example:
I hereby give notice that I withdraw from my sale agreement of the provision of the following service:
- Ordered on:
- Name of consumer:
- Address of consumer:
- Date:The Customer acknowledges that once the Service has been used, meaning that the eSim has been installed and activated, the Customer waives his right to request a refund (according to article L. 221-28 of the French Consumer Code).
In case of technical problem originating from Kolet after activation of eSIM, a refund request can be made within thirty (30) days from the date of purchase when the activation is no longer possible following extensive collaborative troubleshooting.
Each data package has its own validity period. No refund of any form will be offered for the remaining data when the validity period expires.
Compensation: No refund or remuneration of any kind will be issued due to charges from alternate phones, alternate SIM cards, alternate providers, hotel phones, or other charges that are not directly linked to the Customer's Kolet Account.
Fraudulent purchases: Kolet reserves the right to refuse any form of refund if there is evidence of abuse, violation of our Terms and Conditions, or any fraudulent activity connected with using Kolet products and services.
Unauthorized purchases: The case will be subject to investigation and approval before processing any refund. Kolet reserves the right to suspend any account associated with fraudulent activity.
Accidental purchases: Once Customers install and activate the eSIM, it will be considered used. No refunds will be offered.
Incorrect charges: If the Customer reasonably and in good faith disputes an invoice or part of it, the Customer shall notify Kolet of such a dispute within twelve (12) days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much the Customer considers due.
Other Reasons: If the refund request is not within the above, Kolet will investigate the request on a case-by-case basis. If the refund is approved, a processing fee may apply. The maximum refund of credit a Customer can apply for must be equal to or less than the total amount they paid.
Losing your Device
In the event the Customer’s Device is stolen, destroyed or lost, the Customer must notify Kolet immediately as the Customer will remain responsible for any use of the Service.
Where the Device is lost, Kolet does not give any refund for the Service paid for in advance. However if the Customer downloads the Kolet app on a new Device, the Customer shall be able to continue to use the Service that the Customer have purchased from the Customer’s account.
Limitation of Liability
Kolet is not responsible for detriments arising due to the proposed service not being constantly available. Kolet provides no guarantee of constant availability of the network service.
Kolet will have no liability for any indirect or consequential loss (whether or not foreseen or foreseeable and including loss of profit or loss of goodwill, loss of income or profit; loss of use of the services; lost business or missed opportunities) special, punitive, exemplary losses suffered by the Customer for any reason whatsoever and without prejudice to the generality of the foregoing by reason of:
- any data transmitted to or by your Device being altered, used or lost;
- any failure, interruption, delay, suspension or restriction in performing its obligations under this Agreement arising as a consequence of circumstances outside its reasonable control (including but not limited to any act of God, government control restrictions or prohibitions, any other act or omission of any public or regulatory authority (whether local, national, international or supranational), an act of default of any third party, supplier, agent or other person, strikes, work stoppages or labour disputes;
- the acts and/or omissions of other third party service providers;
- any failure or malfunction of the Customer’s Device, or of any equipment or services used by the Customer or otherwise provided to the Customer by a third-party provider;
- any loss or damage caused by any: a) errors, viruses or bugs present in or arising from the Customer’s use of the Service that are not directly caused by or attributable to Kolet; or b) incompatibility of the Service with any other software, hardware or material on the Customer’s Device.
Privacy Policy
We take our Customers’ privacy seriously. For having the Service, the Customer shall provide their personal information. The Customer guarantees that that all the information provided on or in connection with the App is correct, current, and complete. To learn more about the use of their personal information by Kolet, the Customer is invited to read our Privacy Policy.
General
Trademark & IPR Licence: All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, “Marks”) are and shall remain the exclusive property of Kolet and nothing in this agreement shall grant you the license to use such Content or Marks without our prior written permission. Except as expressly provided in these Terms and Conditions, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Kolet reserves all rights not expressly granted to you in and to the Website, Application, Content, and the Marks.
All the terms and provisions of this agreement are distinct and severable, and if any term or provision is held unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it shall to that extent be deemed not to form part of this agreement, and the enforceability, legality and validity of the remainder of this Agreement will not be affected.
This agreement shall be governed by the laws of France and the parties submit to the exclusive jurisdiction of the French Courts.