Terms and Conditions

1. Who we are

These Terms and Conditions ("Terms") are between you and KiwiSim Limited, a company incorporated in New Zealand (NZBN: 9429053893987) ("KiwiSim", "we", "us", "our"). We operate the website at kiwisim.co.nz (the "Website") and sell prepaid travel eSIMs and mobile data plans (together, the "Service").

You can contact us through our contact page or by email at [email protected].

2. Acceptance of these Terms

By using the Website, creating an order, or purchasing a Plan, you agree to these Terms. If you do not agree to these Terms, please do not use the Website or purchase from us.

These Terms should be read together with our Privacy Policy, which explains how we collect and handle your personal information.

Nothing in these Terms is intended to limit, exclude, or modify any rights you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other New Zealand law that cannot be excluded. Where these Terms could be read as doing so, your legal rights prevail.

3. Definitions

• "eSIM" means a digital SIM profile that we deliver to you electronically for installation on a compatible device.
• "Plan" means a prepaid mobile data plan for a particular country or region, with the data allowance, validity period, and price described on the Website at the time of purchase.
• "Top-Up" means additional data or validity purchased for an existing eSIM, where available.
• "Device" means the phone, tablet, or other equipment on which you install and use an eSIM.
• "Consumer" has the meaning given in the Consumer Guarantees Act 1993.

4. Eligibility

To purchase from us you must be at least 18 years old, or have the consent and supervision of a parent or legal guardian. By placing an order, you confirm that the information you provide (including your email address) is accurate and that you are authorised to use the payment method provided.

5. Our Service

We supply prepaid, data-only travel eSIMs for use in the destinations listed on the Website. Our Plans:

• provide mobile data only — they do not include voice calls, SMS, or a local phone number;
• support personal hotspot and tethering, unless stated otherwise on the relevant Plan page;
• connect to mobile networks operated by third-party carriers in each destination. We are not the operator of those networks.

Details of each Plan — including the destination, data allowance, validity period, and price — are set out on the relevant Plan page at the time of purchase. Those details form part of your agreement with us.

6. Device compatibility — please check before you buy

eSIMs only work on devices that are eSIM-compatible and carrier-unlocked. Some devices (including devices purchased in certain countries or locked to a mobile provider) do not support eSIMs or restrict their use.

Before purchasing, you should confirm your Device is compatible and unlocked, including by using our device checker. It is your responsibility to check compatibility before you buy. Purchases made for an incompatible or locked Device are not refundable except at our discretion — see section 12 (Consumer guarantees, refunds, and cancellations).

7. Orders, pricing, and payment

Prices. All prices on the Website are in New Zealand dollars (NZD) and include GST where applicable. Prices may change from time to time, but changes will not affect orders we have already accepted.

Payment. Payment is required in full at the time of purchase. Payments are processed by third-party payment providers. We do not store your full payment card details.

Order acceptance. Your order is an offer to purchase. A contract is formed when we send you an order confirmation email. We may decline or cancel an order before delivery where we reasonably suspect fraud, misuse, or an obvious pricing or listing error. If we cancel an order in these circumstances, we will refund any amount you have paid for that order in full.

Pricing errors. If a Plan is listed at an obviously incorrect price due to a genuine error, we may cancel the affected order and refund you in full. We will contact you first where practicable so you can choose to repurchase at the correct price.

8. Delivery, installation, and activation

eSIMs are delivered electronically. After your payment is confirmed, we will send installation details (such as an installation link or QR code) to the email address you provide, usually within minutes.

You are responsible for:

• providing an accurate email address;
• installing the eSIM on your Device by following the instructions provided (a stable internet connection, such as Wi-Fi, is required to install);
• setting up your Device in accordance with our setup guide, including selecting your KiwiSim eSIM for mobile data and turning off mobile data and data roaming on your existing SIM line so your Device does not use it for data while you are overseas (see section 14);
• keeping your installation link or QR code secure. Most eSIMs can only be installed once — if you delete an installed eSIM from your Device, it may not be able to be reinstalled.

Unless stated otherwise on the Plan page, your Plan's validity period begins when the eSIM first connects to a supported network in the destination (activation), and your Plan expires at the end of the validity period or when the data allowance is used up, whichever happens first.

If your installation email doesn't arrive or you have any trouble installing or activating your eSIM, contact us and we will help.

9. Plan terms, data allowances, and expiry

Fixed data Plans include a set data allowance usable during the validity period stated on the Plan page.

Daily unlimited Plans include a stated amount of high-speed data per 24-hour period. Once that high-speed allowance is used, data remains available at a reduced speed until the daily allowance resets, as described on the relevant Plan page. Reduced speeds may not support high-bandwidth activities such as video streaming.

Expiry and unused data. Plans are prepaid and time-limited. Unused data has no cash value, does not roll over, and expires at the end of the Plan's validity period. Plans do not auto-renew.

Top-Ups. Where Top-Ups are available for your Plan, the terms of the Top-Up (data amount, validity, and price) are as described at the time of purchase.

Changes to a Plan before delivery. If we need to materially change a Plan you have purchased before it is delivered (for example, because a carrier withdraws coverage), we will tell you and offer you the choice of an equivalent alternative or a full refund.

10. Coverage and service performance

Our eSIMs rely on mobile networks owned and operated by third-party carriers. Mobile coverage, network speed, and availability vary by location, network conditions, congestion, terrain, weather, your Device, and other factors outside our control. References to 5G or 4G indicate the network technologies available where supported — they are not a guarantee of a particular speed at all times or in all places.

We will provide the Service with reasonable care and skill, and we will work with you to resolve connectivity problems. However, like all mobile services, we cannot promise that the Service will be uninterrupted or fault-free at every moment. This section does not limit your rights under the Consumer Guarantees Act 1993 — see section 12.

11. Fair use and acceptable use

You agree to use the Service only for personal, lawful purposes. You must not:

• resell, resupply, or commercially exploit the Service or any eSIM without our written agreement;
• use the Service to send spam or unsolicited messages, or in breach of the Unsolicited Electronic Messages Act 2007 or equivalent laws;
• use the Service for anything unlawful, fraudulent, or harmful, or in a way that damages or disrupts any network or other users;
• use the Service in breach of the laws of the country you are in — you are responsible for complying with local laws in your destination, including any local restrictions on internet use;
• attempt to interfere with, reverse-engineer, or misuse the eSIM, the Website, or any network.

Unlimited and high-allowance Plans are intended for ordinary personal travel use. If your usage is grossly excessive, automated, or inconsistent with personal use (for example, machine-to-machine use or operating as a public hotspot), we may contact you and, if the behaviour continues, restrict or suspend the Service in accordance with section 18.

12. Consumer guarantees, refunds, and cancellations

Your rights under the Consumer Guarantees Act

If you purchase from us as a Consumer, our Services come with guarantees under the Consumer Guarantees Act 1993 that cannot be excluded. Among other things, we must provide our Services with reasonable care and skill, and they must be fit for their purpose and match their description. If we fail to meet a guarantee, you are entitled to a remedy — depending on the nature of the failure, this may include having the problem fixed, a replacement, or a partial or full refund. Nothing in these Terms limits those rights.

If something goes wrong

If your eSIM does not work, contact us as soon as possible (ideally while you are still travelling) so we can troubleshoot with you — most issues are caused by Device settings and can be fixed quickly. To help us assess a claim, we may ask for information such as your order number, your Device model, screenshots of your settings, and a description of where and when the problem occurred. If the fault is with our Service and we have failed to meet a consumer guarantee, you are entitled to a remedy under the Consumer Guarantees Act 1993, which depending on the nature of the failure may include a replacement eSIM or a partial or full refund.

All purchases are final

Because eSIMs are digital products delivered immediately after purchase, all purchases are final. Except where we are required to provide a remedy by law, we do not offer refunds, credits, or exchanges — including for change of mind, changed or cancelled travel plans, unused or expired data, Device settings not configured as instructed, or purchases made for an incompatible or carrier-locked Device (it is your responsibility to check compatibility before you buy — see section 6).

We may, in our sole discretion, choose to offer a refund or credit in a particular case as a gesture of goodwill. Any goodwill refund or credit is not an admission of liability and does not oblige us to do the same in any other case.

For the avoidance of doubt, this policy applies only where we have no legal obligation to provide a remedy. It does not limit your rights under the Consumer Guarantees Act 1993 or any other law that cannot be excluded.

How refunds are paid

Approved refunds are paid to the original payment method. Processing times depend on your bank or card provider.

13. Business customers

If you acquire, or hold yourself out as acquiring, the Service in trade for business purposes, you agree that the guarantees in the Consumer Guarantees Act 1993 do not apply, and that this exclusion is fair and reasonable, as contemplated by section 43(2) of that Act. You also agree that sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply between us to the extent permitted by section 5D of that Act. This section does not apply if you purchase as a Consumer.

14. Your responsibilities

You are responsible for:

• checking Device compatibility before purchase (section 6);
• configuring your Device as instructed (including enabling data roaming for the eSIM where required — this setting relates to how eSIMs connect and does not cause roaming charges from us);
• any charges from your own mobile provider, including roaming charges on your existing SIM (see below);
• the security of your Device, email account, and eSIM installation details;
• your use of the Service, including use by anyone you share your data connection with via hotspot or tethering.

Roaming charges from your own mobile provider. Our eSIMs are separate from, and do not replace or change, any plan you have with your own mobile provider (such as Spark, One NZ, or 2degrees). If mobile data or data roaming remains enabled on your existing SIM line while you are overseas, your Device may use that SIM for data, and your provider may charge you roaming fees — some providers automatically activate daily roaming charges on any overseas usage, including calls and texts. Our setup guide explains how to avoid this by turning off mobile data and data roaming on your existing SIM line, or disabling that line entirely, before you travel. It is your responsibility to set up your Device accordingly. Any charges billed by your own mobile provider — including roaming charges incurred because your Device was not set up in accordance with our setup guide — are solely a matter between you and that provider. We are not responsible for those charges and will not refund, credit, or reimburse them.

15. Privacy

We collect and handle personal information in accordance with the Privacy Act 2020 and our Privacy Policy. If you opt in to marketing communications, you can unsubscribe at any time using the link in our emails or by contacting us.

16. Intellectual property

All content on the Website — including the KiwiSim name and logo, text, graphics, images, and software — is owned by or licensed to KiwiSim Limited and is protected by law. You may view and use the Website for personal, non-commercial purposes. You must not copy, reproduce, modify, distribute, or otherwise use our content for commercial purposes without our prior written consent.

17. Website content and third-party links

We take care to keep the information on the Website accurate and up to date, including coverage information, compatibility guidance, and setup instructions. However, some information (such as carrier networks and coverage in each destination) is provided by third parties and may change. If you find an error, please let us know.

The Website may contain links to third-party websites or services. We are not responsible for the content or practices of third-party websites, and linking to them does not imply our endorsement.

18. Suspension and termination

We may suspend or restrict your access to the Service, or cancel an eSIM, if:

• you materially breach these Terms (including the fair use and acceptable use rules in section 11) and, where the breach can be remedied, you do not remedy it within a reasonable time after we notify you;
• we reasonably believe the Service is being used fraudulently or unlawfully; or
• we are required to do so by law or by a carrier partner.

Where practicable, we will notify you before suspending or cancelling and give you an opportunity to respond. If we cancel your Plan other than because of your breach, fraud, or unlawful use, we will refund you for the unused portion of your Plan.

19. Liability

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other law that cannot be excluded, restricted, or modified by agreement.

Subject to the paragraph above:

• we are not liable for any loss caused by events or circumstances beyond our reasonable control, including the acts or omissions of third-party carriers and faults in third-party networks (see also section 21);
• we are not liable for loss caused by your failure to follow our instructions, your Device or its settings, or your breach of these Terms;
• we are not liable for indirect or consequential loss, loss of profits, loss of revenue, or loss of data arising from your use of the Service; and
• our total aggregate liability to you in connection with a Plan is limited to the greater of the amount you paid for that Plan and the cost of resupplying the relevant Service.

If you are a Consumer, the limitations in this section apply only to the extent permitted by law and do not limit our obligation to provide the remedies required by the Consumer Guarantees Act 1993.

20. Changes to these Terms and the Service

We may update these Terms from time to time — for example, to reflect changes in our Service, our carrier arrangements, or the law. The current version will always be available on the Website with its "last updated" date.

Changes apply to purchases made after the updated Terms are published; they do not retrospectively change the terms of a Plan you have already purchased. If we make a material change that adversely affects a Plan you have already purchased but not yet used, we will notify you using the contact details you have provided and offer you an equivalent alternative or a refund for the unused Plan.

21. Events beyond our control

We are not responsible for delays or failures in performing our obligations caused by events beyond our reasonable control, including natural disasters, epidemics, government actions, telecommunications or carrier network failures, power failures, strikes, or acts of third parties. If such an event substantially prevents us from supplying a Plan you have paid for, you may cancel and receive a refund for the unused Plan. This section does not limit your rights under the Consumer Guarantees Act 1993.

22. General

Entire agreement. These Terms, together with our Privacy Policy and the Plan details presented at the time of your purchase, make up the entire agreement between you and us in relation to the Service.

Severability. If any part of these Terms is held to be invalid or unenforceable, that part will be modified to the minimum extent necessary, or severed, and the rest of the Terms will continue in effect.

No waiver. If we do not enforce a right under these Terms, that does not mean we waive it.

Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer our rights and obligations to a related company or as part of a sale of our business, provided the transfer does not reduce your rights.

Notices. We may send notices to the email address associated with your order. Please keep your contact details up to date.

23. Governing law and disputes

These Terms are governed by the laws of New Zealand, and you and we submit to the non-exclusive jurisdiction of the New Zealand courts.

If you have a problem, please contact us first — we genuinely want to put things right, and most issues can be resolved quickly with our support team. If we cannot resolve a dispute between us, you may have the right to take your complaint to the New Zealand Disputes Tribunal, or you can contact Consumer Protection (consumerprotection.govt.nz) or the Commerce Commission (comcom.govt.nz) for information about your rights.

24. Referral programme

If you have a KiwiSim account, you have a referral code you can share. When someone new to KiwiSim uses your code, they get a discount on their first order and you earn referral credit once they have paid for it.

Who can use a referral code

• A referral code applies to a first KiwiSim order only. It is not valid for a customer who has ordered before.
• You cannot use your own code, and you cannot refer yourself under another email address or account.
• A referral code cannot be combined with a promo code or another offer. Only one code applies to any one order.

Referral credit

• Referral credit is a promotional discount, not money. It has no cash value, we never exchange it for cash, and it cannot be transferred to another person or account.
• You earn the credit when the order you referred is paid for, not when someone signs up or uses your code.
• Credit comes off your next KiwiSim order automatically, and you can turn it off at checkout. It can cover the full price of an order.
• Credit expires 12 months after you earn it. We show the expiry date in your account.
• If a referred order is refunded, we reverse the credit it earned. If you have already spent that credit, we recover it from your remaining credit.
• If we refund an order you paid for with credit, we return that credit to your account. We refund money you paid by card as money, and credit as credit.

Fair use of the programme

The programme is for sharing KiwiSim with people you know. We can withhold or reverse credit, and close the account, if we find self-referrals, more than one account for the same person, or other misuse. We can change or end the programme, and we will give reasonable notice. Credit you have already earned stays valid until it expires.

25. Contact us

KiwiSim Limited (NZBN: 9429053893987)

• Website: kiwisim.co.nz
• Contact: kiwisim.co.nz/contact
• Email: [email protected]