Terms and Conditions

1. Scope of Terms and Conditions

The following Terms and Conditions shall apply services provided by AMA Asia Holdings Limited (“us” or “we”), hereafter referred to as MTALK (https://mtalkesim.com), in connection with eSIMs primarily for international travel purposes. Your enrolment in, use of or payment for the Service, confirms your unconditional acceptance and agreement to the terms and conditions (“Agreement”) set forth in this document. The usage of our services is subject to terms and conditions of respective service providers.

2. Disclaimer

Please note that the information provided by us do not constitute any general representation from us regarding our services or its availability. Our services are based on our providers and partners and are available on an ‘as is where is available’ basis and we make no representation, guarantee or warranty regarding the availability, fitness for any specified purpose or error-free operation of the network or the services. Service and network availability may be affected due to various reasons including force majeure, acts of God, inclement weather, topographical/ geographic/ demographic factors, maintenance work, availability of interconnection with other networks, etc and we shall not be liable in that case.

3. Description of the Services

eSIM Services

We provide eSIM through global telecom carriers primarily for international travel purposes. You shall be required to register for the services on our website. You must accept these terms and conditions to use our services. You shall be required to select best network as per your country of travel. The network may be automatically selected as per region, coverage and availability.

4. Requirements and Device Compatibility

The Customer is responsible for ensuring that their device is eSIM compatible and networkunlocked. Device compatibility may depend on the carrier and country of origin and the Customer must check the list of eSIM-compatible devices before proceeding.

Customer is responsible to ensure that the device is eSIM compatible at all times during the use of the services and the Customer is then held responsible for the accuracy of the information provided.

By and during use of our services, you shall not engage directly or indirectly in any activity which is abusive, illegal, unauthorized, criminal or fraudulent or causes the network to be impaired or damaged. If you are found to be in breach of these Terms and Conditions, we reserve unconditional right to suspend your use of services. During any such period of suspension, you shall continue to pay all Charges due under this Agreement and/or no refund shall be applicable in respect of the suspended Services.

5. Payment, Fees and Taxes:

You must pay all fees and other charges that we bill You for the Service as per the applicable tariff plan. Our payments are operated through Stripe payment gateway (https://stripe.com/).

6. Delivery

The delivery of eSIM shall be upon purchase and successful payment for the same and the customer will receive a confirmation regarding same through an email. All the information regarding installing eSIM shall be made available on https://mtalkesim.com

7. Return, Refund and Cancellation

No returns, refunds and cancellations are allowed except in exceptional circumstances where partial/full refund will be allowed and administration fee may be charged:

  • eSIM cannot be installed or used due to technical problem from our end
  • Other situations investigated by us on case-to-case basis.

No refunds shall be applicable in case you consume your full data as per your plan.

8. Suspension or disconnection of the Service

We may, without liability to You, suspend or disconnect the Service and/or your eSIM, without notice:

  • If we are required to do so by the Government and/or emergency service organization or any other competent body or lawful authority.
  • For operational or security reasons
  • In circumstances where we observe fraudulent or unusual use of your eSIM.
  • If we have a good reason to suspect a breach by You of this Agreement.
  • If we become aware that your SIM card has been stolen/lost/damaged or destroyed.
  • If You do not use the Services in compliance with applicable laws and regulations.

Please connect with us in case you experience any suspension or disconnection in your services

9. Confidentiality, Data Security and Privacy:

We take the protection of your privacy and personal data (hereinafter referred to as “Personal Data”) very seriously and treat them strictly confidentially in accordance with the statutory data protection regulations and this data protection guideline. We shall establish and maintain all the reasonable electronic and physical safeguards against unauthorized access, destruction, loss, accidental or unauthorized deletion, disclosure or alteration of any personal data or confidential information under applicable data privacy regulations.

While we shall maintain reasonable standards of data security and safeguards, we shall not be held liable for any data breach or leakage occurred due to the circumstances beyond our control or anything which is not intentional or negligent. We shall not be responsible for the issues on the part of the manufacturers/providers of the servers and third-parties outside our control.

Please read our Privacy Policy to understand how, and for what purposes, we collect and use your information to provide you with the best possible service.

10. Limitation of Liability and Warranty:

We are not responsible for obstructions and detriments arising due to the proposed service not being constantly available or due to network issues arising from the end of external service or global telecom carriers.

We do not make any warranty as to the accuracy, completeness, reliability or continuous supply of the content or information contained on any third-party sites or resources accessed via the Service. We will not be responsible for any harm You suffer from any virus that gains access to your equipment, whether transmitted via the Service or otherwise. It is your responsibility to protect your equipment with suitable anti-virus software.

EXCEPT FOR DAMAGES CAUSED BY OUR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR DAMAGES THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR YOUR ACTUAL USE OF THE SERVICE DURING THE PRIOR ONE-MONTH PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (SUCH AS CONTRACT, TORT, STATUTE OR OTHERWISE).

11. General Terms:

  • Force Majeure

    It is accepted and acknowledged that we shall not be liable for any loss or damage caused to the Customer as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, pandemics, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to our fault or the Third Party Service Providers), or any other delay or default or deficiency or failure which arises from causes beyond our reasonable control including services by external service or global telecom carriers.

  • Term and Termination

    These terms and conditions become effective upon completion of order by customer. You shall be responsible for activation of eSIM and acknowledgment and abidance of activation policy of global telecom carriers.

    The contract will be terminated if the Customer does not have an active data package or has deleted the eSIM from the target device or Customer violates or attempts to violate these terms and conditions.

  • Changes to these Terms and Conditions

    We have the right to amend, adapt or supplement the present Terms and Conditions from time to time. The current version of the Terms and Conditions can be found on https://mtalkesim.com from time to time.

    If you do not agree to any or all of the changes made by us to these Terms and Conditions, you may cease using the services with immediate effect.

  • Assignment

    These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

12. Governing Law

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be [Singapore]. The language of the arbitration shall be English.

13. Contact Information:

If you have any questions concerning this Agreement, the Services, or anything related to any of the foregoing, we can be reached at the following email address: care@mtalkesim.com or via the contact information available from the following: https://mtalkesim.com.

14. Contact Information:

We strive to provide the best service to all our customers. Should you however, come across any areas we can improve on, we would like to hear about it from you.

For Feedback, Complaints and Grievances, please email us at care@mtalkesim.com.