As at January 9, 2023
The Digicel Embedded Subscriber Identity Module (“E-Sim”) Service Terms and Conditions (the “Terms”) apply to you and govern the provision and use of Digicel Post Paid E-Sim Mobile Service and Digicel Pre Paid E-Sim Mobile Services over our telecommunications network ("Service(s)" or "Digicel Mobile Service" and “Network” respectively). These Terms shall constitute legal and binding obligations on the parties once you have accepted your application for the provision of Service through an authorized handset which includes a “Digicel handset”, “Digicel phone”, “Digicel postpaid phone”, “phone”, “handset”, “product(s)” purchased from Digicel containing an E-Sim and/or your purchase of a E-Sim mobile package which provides the E-Sim Service on your non Digicel E-Sim compatible handset/mobile phone.
“We” or “us” means Digicel (BVI) Limited, a company registered under the laws of the British Virgin Islands with registered offices at 5th Floor Jayla Place Building, Wickhams Cay 1, Road Town, Tortola, BVI. References to “we”, “our”, “us” and “Digicel” in these Terms also include our subsidiaries and affiliates (“Affiliates”) from time to time.
By activating, using, or paying for any of these products or Services, you accept and agree to be bound by these Terms. If you do not agree, you must contact Digicel immediately to cancel your order and/or Service, and return any products.
The products and Services covered by these Terms are generally for use by individual consumers and does not include use by our Corporate Customers (please see our Digicel Business website Connectivity (digicelbusiness.com) for terms governing corporate products and services). If, however, you intend to use the products and Services for any other purpose, your use may not be covered under these Terms, and it would be your responsibility to ensure such use is expressly approved or permitted by Digicel.
The words highlighted in bold throughout these terms and conditions have special meanings which can be found in the Glossary section of these Terms.
You may not transfer or assign any obligations or responsibilities arising from these Terms to third parties in any way whatsoever, and may not make any third party a partner to responsibilities written in these Terms.
1. E-SIM ACCOUNT & INFORMATION
1.1 The Digicel E-Sim Service provides you as the subscriber with:
a. an Embedded SIM (Subscriber Identity Module) in an authorized Digicel mobile device or
b. access to the Digicel Network to benefit from the Digicel Mobile Services.
1.2 You may need to set up one or more accounts (“DIGICEL Account” or “Account”) in order to purchase or use our E-Sim Services. You are responsible for ensuring that any information you provide us in connection with your DIGICEL Account, including contact information and billing information, is accurate and remains current.
1.3 Digicel shall not be liable to the customer for any E-Sim replacement or mobile phone replacement if the Customer’s phone is found to have a defective E-Sim through no fault of ours.
1.4 You are responsible for any activity that occurs on or through your DIGICEL Account. We do not guarantee the security of your DIGICEL Account. You must ensure that your credentials for accessing or using your DIGICEL Account, such as your passwords, personal identification numbers, or other personal information remain secure at all times. If you learn of any unauthorized use of any DIGICEL Account for any Service, please contact us immediately.
1.5 Pre-existing Customers shall undertake to transfer, store or back up all personal data stored on their physical Sim card prior to converting their physical Sim card to an E-Sim. Digicel shall not be held responsible or liable for any lost, corrupted or damaged data as a result of the transfer from a physical Sim card to an E-Sim. Only your Digicel plan will be transferred from your physical sim to your E-Sim.
1.6 You shall be required to go into any authorized Digicel retail store to activate the E-Sim Service. Activation involves the scan of a Quick Response Code (QR Code) and the downloading of the E-Sim to your E-Sim compatible mobile phone. Upon completion of the download, an E-Sim profile will be created with a new phone number for new customers. Existing customers will retain their previous phone number that was assigned to their existing Digicel pre-paid or post-paid account.
1.7 The Service herein shall be sold on an “as is” and “as available” basis. Digicel does not warrant or guarantee a fault free service with respect to network coverage, quality or availability.
1.8 Digicel reserves the right upon written notification, at any time to alter or replace an E-Sim number allocated to you or any other name, code or number whatsoever associated with our Service. Digicel reserves the right without prior notification to re-assign an E-Sim number that has been assigned to a Customer to another customer if such E-Sim number has been suspended by Digicel or the Customer and remains suspended for more than three (3) weeks.
1.9 You understand and agree that on occasion (unless prohibited by law and/or regulation) it may be necessary that we contact you regarding your DIGICEL Account, your Services, and additional products and services that we, our affiliates, assignees, successors, or third parties may offer. Accordingly, you agree that Digicel and its current and future affiliates, assignees, successors, agents, and outside collection agencies may contact you using any method that you provide to any current or future Digicel affiliate, agent, assignee, successor, or outside collection agency, including by phone, mail, email, text message (SMS/MMS), RCS chat (Rich Communication Services), push notifications, or other medium, as well as by including messages on or inserts within bills for your Digicel Services.
1.10 You agree that notices provided to you using any of the methods listed in our Digicel Mobile Services Agreement shall be deemed acceptable by your use of the services herein.
1.11 You agree to contact us promptly if any contact number we have for you has changed. You also agree that we can send you emails or other electronic messages by any means, including an automated system that sends preset messages.
1.12 You agree to use this Service in compliance with the Terms and Conditions herein and in compliance with the Digicel Mobile Terms and Conditions of Service.
1.13 If you object to any of these Terms and Conditions or any subsequent modifications to same or become dissatisfied with your use of the Services herein in any way you shall immediately discontinue your use of our Services as your continued usage of same constitutes your agreement with same.
2. PRICE & PROMOTIONS
2.1 Price of the eSim:
a. Postpaid Consumer: NO COST;
b. Prepaid & Replacement: US$10.
2.2 From time to time, Digicel and third parties will run promotions for these services. These promotions will be subject to additional terms and conditions of the subject promotion. Digicel shall not be responsible for promotions run by any third party and you must make your own enquiries with the relevant third party prior to availing of and relying on the terms and conditions of any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you.
3.1 Should you have any queries about the Terms and Conditions herein please feel free to contact our Customer Service Department (Contact Us (digicelgroup.com).
The words in bold throughout this agreement have the following special meanings:
'Additional Policies’ means as well as these Terms, the services are subject to other policies such as the Acceptable Use Policy and you may find these on the Digicel website or on our Digicel Apps, as updated by us from time to time.
'Digicel Embedded Subscriber Identity Module (E-Sim) Service(s)' means and includes an electronic profile that will be downloaded and/or installed on your device as part of activating the Service. The E-Sim may be used on our Pre Paid or Post Paid plans which you have subscribed and/or ordered including any new, extra or substitute services which we agree to supply you at a later date.
'Digicel Website' means the website at https://www.digicelgroup.com/en.html or any other website address we may notify you of.
'Equipment' means any telecommunications or other equipment we supply to you as an essential part of providing the service(s) (including upgrades and replacements). This may include (but is not limited to) any cable modem, set-top box, cables and ducts. This does not include batteries or certain accessories which you may purchase from us, nor does it include any equipment which you may purchase from a supplier recommended by us or an alternative supplier. This is referred to as 'additional equipment'.
E-Sim Services’ means the voice and digital telephony and ancillary services provided to you under these Terms.
'Network’ or ‘Network System' means Digicel’s telecommunications network.
'Service Start Date' means the first date on which each Service is available for you to use or, where no installation is required, the earlier of the date your Service is activated or seven days from the date you ordered the Service(s) from us.
'Service Fee(s)' means Digicel E-Sim Post Paid and/or Pre Paid service fees includes the charges associated with the data bundle(s) purchased for the Services herein and are only available to you after you have purchased the E-Sim service. Upon purchasing the E-Sim service, you agree to the application of those charges which includes but is not limited to, any new, extra or substitute services that you have subscribed and/or ordered which Digicel agrees to supply to you at a later date.
“Software” means the following: (a) any application related to the Services or this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation, and other components; (b) any updates, modifications, or enhancements to it; and (c) any specific Digicel or vendor web site to which the Software directs you via any browser.
'Terms' means the terms and conditions set out in this document, the Additional Policies, together with all the details set out in the application form we ask you to sign.