These Terms and Conditions (hereinafter referred to as the "Terms") establish the rights and obligations between Markcom Global, S.A. de C.V. (hereinafter, "Markcom Global"and you, as the end user, with respect to access to and use of the eSIM services offered through our authorized sales channels. We invite you to read this document carefully. By purchasing and using our services, you signify your full acceptance of these Terms. If you do not agree with any of the provisions set forth herein, we request that you refrain from using our eSIM services.
Definitions
For purposes of the correct interpretation of these Terms, the following definitions are established:
- eSIM: Digital SIM card that allows the user to access data connectivity services without the need for a physical SIM card.
- Account: User profile created in the Markcom Telecom portal or in any other authorized platform, from which the contracted services are managed.
- User Data: Personal and usage information generated, collected and processed by Markcom Telecom in the provision of its services.
- Services: Data connectivity through eSIM provided by Markcom Telecom in global roaming mode.
2. Acceptance of Terms
By contracting and using Markcom Telecom's services, you confirm that you have read, understood and agree to comply with these Terms. If you do not agree with any of the terms set forth herein, you must refrain from using our eSIM services. Your continued use of the services implies your acceptance of these provisions and confirms that you have the legal capacity to enter into this agreement under applicable law in Mexico.
3. eSIM services
3.1 eSIM Service Provisioning
Markcom Telecom will provides access to to mobile data services through eSIM for personal or commercial use, according to the limitations established in these Terms and in accordance with the legal provisions in force in Mexico. This access is strictly limited to the contracted period and does not authorize the resale, assignment or transfer of the service to third parties without the prior written consent of Markcom Telecom.
3.2 Registration and Account Creation Requirements
To access and use eSIM services, the user must create an Account on the Markcom Telecom portal, providing true, accurate, complete and updated information, including contact details, access credentials and valid payment method. It is the user's responsibility to keep his/her Account information up to date. Any inaccuracy in such information may affect the correct provision of the services and exempts Markcom Telecom from liability for any inconvenience derived from it.
3.3 Account Activities
You are fully responsible for all activities conducted through your Account, including, but not limited to:
- The management and use of the data in your eSIM.
- Configuration and administration of your data connectivity service.
- Any other use permitted under these Terms.
It is your responsibility to maintain the confidentiality of your access credentials. Markcom Telecom is not responsible for unauthorized access to the Account resulting from mishandling or disclosure of authentication credentials by the user.
4. Fees, Billing and Refund Policy
4.1 Payments
Applicable fees for eSIM services are calculated and billed in advance according to the selected plan. You authorize Markcom Telecom to automatically charge the payment method registered in your Account for the renewal of contracted services on an ongoing or recurring basis. Failure to pay in a timely manner may result in suspension or cancellation of service, without liability to Markcom Telecom.
4.2 Data Plans and Usage Limits
eSIM data plans are subject to the conditions and restrictions set forth at the time of purchase, including, but not limited to:
- Data Assignment: Unused data at the end of the contracted period is non-refundable and non-transferable to subsequent periods, unless otherwise specified in the contracted plan.
- Daily Use Limits: Plans that include daily high-speed limits may reduce speed once the daily high-speed limit is reached. Speed and coverage conditions may vary depending on network availability and local operators.
4.3 Refund Policy
Markcom Telecom will offer refunds only in the event that the eSIM service is faulty and has not been used or has been used less than ten percent (10%) of the contracted data. To do so, the user must submit a refund request before 10% of data has been consumed. Refunds will be processed in accordance with Markcom Telecom's established procedures and in accordance with applicable laws.
5. User Obligations and Restrictions on Use
5.1 Authorized Use of the Service
You agree to use the service in accordance with these Terms and only for lawful and legitimate purposes. It is expressly prohibited:
- Resell, sublicense or transfer eSIM services without prior written authorization from Markcom Telecom.
- Modify, alter, decompile or disassemble any part of the eSIM service.
- Use the services for any activity that is illegal, fraudulent or infringes third party rights, including but not limited to intellectual property or privacy rights.
- Interfering or attempting to interfere with the proper working of the services or networks connected to the service.
5.2 Responsibility for the Configuration and Security of the Service
The user is responsible for the correct configuration of his device and for making the necessary settings to use the eSIM. Markcom Telecom assumes no responsibility for unauthorized access, loss of data or damage resulting from incorrect settings made by the user.
6. Privacy and Data Protection
Markcom Telecom will treat the User's Data in accordance with the provisions of the applicable regulations in Mexico, including the Federal Law for the Protection of Personal Data in Possession of Individuals. The information provided will be used exclusively for the provision of the service and for purposes related to it. For more details, please refer to our Privacy Policy available on Markcom Telecom's website, which specifies our data processing practices and user rights, including access, rectification, cancellation and opposition (ARCO rights).
7. Limitation of Liability
7.1 Terms of Service
Markcom Telecom is committed to provide eSIM services with reasonable quality standards; however, it does not guarantee the availability, quality or speed of the connection at all times. These conditions may be subject to external factors beyond Markcom Telecom's control, such as local carrier network infrastructure, geographic, weather and environmental conditions.
7.2 Exclusion of Warranties and Limitation of Damages
The eSIM service is provided on an "as is" and "as available" basis. To the extent permitted by law, Markcom Telecom excludes any implied or express warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. Markcom Telecom shall not be liable for indirect, special, incidental, punitive or consequential damages arising out of the use or inability to use the service. Markcom Telecom's total liability for any claim related to the service shall be limited to the amount actually paid by the user in the twelve (12) months prior to the claim.
8. Modification of Terms
Markcom Telecom reserves the right to modify these Terms at any time. Any relevant changes will be notified to the user through official means, such as email or notices on the website, and will become effective thirty (30) days after they are posted. If the user does not agree to the modifications, the user may terminate the service as set forth in these Terms. Your continued use of the services after the effective date of the changes will constitute acceptance of the changes.
9. Termination of Service
9.1 Termination by Markcom Telecom
Markcom Telecom may suspend or terminate the service without liability in the event of any breach of these Terms by the user, fraud, misuse, non-compliance with payment obligations or any other cause justifiable under applicable law. Markcom Telecom also reserves the right to terminate any service contract in extraordinary situations in accordance with its policies and the law.
9.2 Termination by the User
You may request termination of your service at any time, subject to the cancellation conditions applicable to each plan and in accordance with applicable consumer protection laws. In the event of termination, no refunds will be made for prepaid plans in progress at the time of the request, except as otherwise provided in these Terms or applicable law.
10. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United Mexican States. In case of controversy, both parties agree to submit to the jurisdiction of the competent courts of Mexico City, expressly waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.
11. Customer Service and Technical Support
For additional questions, technical assistance or reports of problems with the service, the user can contact our support team through the following means of contact:
Chat:
WhatsApp: +1 (888) 286-0080
Webchat:https://www.simconnect.travel
Telephone call:
United States and Canada: +1 (888) 286-0080
Mexico: +52 55 2601-4500
Argentina: +54 (11) 5279-9081
Brazil: +55 (11) 5241-4788
Chile: +56 (2) 2583-2011
Spain: +34 (91) 946-4400
Japan: +81 (50) 5050-8890
Support Portal:
E-mail:support@simconnect.travel
Customer Portal:https://my.simconnect.travel