General Conditions of Sale (eSIM)

Version date: 1.0 dated 23 December 2025

These General Conditions of Sale ("Conditions") set out the terms and conditions on which PEXX Technology Pty Ltd("PEXX", "we", "us" or "our") supplies eSIM-based mobile data plans to customers ("Customer", "you" or "your").

These Conditions apply to all eSIM data plans and unlimited data plans purchased from PEXX on or after the effective date stated at the end of this document. A copy of these Conditions is made available to you in a durable medium for download and retention.

These Conditions are governed by Australian law and are intended to comply with the Australian Consumer Law(Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

1. PEXX's role and service structure

1.1 Role of PEXX
PEXX sells and administers eSIM data plans to Customers. The underlying mobile connectivity, network access and eSIM technology are provided by third-party connectivity providers and mobile network operators engaged by PEXX from time to time ("Connectivity Partners").

1.2 Nature of services
By purchasing an eSIM data plan, you enter into a contract with PEXX for the provision, administration and support of the plan. You acknowledge that mobile data connectivity is delivered through third-party networks which are not owned or operated by PEXX.

1.3 No telecommunications carriage service
The eSIM data plans provide mobile data connectivity only. They do not include voice services, SMS, MMS or a local telephone number.

2. Eligibility and device requirements

2.1 You are responsible for ensuring that your device:

supports eSIM functionality;
is unlocked;
is compatible with the technical specifications required for use in the relevant country or region.

2.2 PEXX does not warrant that the eSIM services will be compatible with all devices and is not responsible for any failure arising from device incompatibility, manufacturer restrictions or operating system limitations.

3. Purchase of eSIM data plans

3.1 Prior to completing a purchase, PEXX will disclose:

the price payable;
the type of plan;
the applicable data allowance or usage parameters;
the validity period; and
the geographic coverage.

3.2 Payment is required in full at the time of purchase. Prices are displayed in the applicable currency and include GST where required by law, unless stated otherwise.

3.3 Once purchased, an eSIM data plan:

is non-transferable;
may only be used on the device on which it is installed; and
cannot be exchanged, amended or resold.

4. Delivery, installation and activation

4.1 Following purchase, an eSIM profile will be made available for installation on the Customer's device.

4.2 Activation of an eSIM data plan occurs automatically when: (a) the eSIM profile is installed; (b) mobile data and roaming are enabled; and (c) the device connects to a supported network within a covered country or region.

4.3 Where multiple plans are purchased for the same destination, activation of a subsequent plan may be deferred until the earlier plan expires or its data allowance is exhausted.

5. Types of plans

5.1 Fixed Data Plans

PEXX offers fixed-allowance data plans comprising:

1GB, 3GB, 5GB, 10GB or 20GB of data; and
a validity period of 30 consecutive days from activation.

Data usage is deducted until the allowance is exhausted or the validity period expires, whichever occurs first. Any unused data expires automatically at the end of the validity period.

5.2 Unlimited Plans

PEXX also offers unlimited data plans under which:

data usage is unlimited;
high-speed data is capped at 5GB per calendar day;
once the daily high-speed threshold is reached, data speeds may be reduced in accordance with fair use and network management policies;
Customers may select the number of days for which the unlimited plan applies.

The daily high-speed allowance resets each calendar day.

6. Service availability and performance

6.1 eSIM services are provided on an "as is" and "as available" basis.

6.2 Network availability, speed and performance may vary due to factors outside PEXX's control, including network congestion, geographic location, regulatory constraints and technical limitations of local networks.

6.3 PEXX does not guarantee continuous availability, minimum data speeds or uninterrupted service.

7. Fair use, suspension and misuse

7.1 PEXX reserves the right to apply fair use, traffic management or speed controls to ensure network integrity and equitable access for all users.

7.2 PEXX may suspend, restrict or terminate access to an eSIM data plan where it reasonably suspects: (a) fraudulent, unlawful or abusive usage; (b) excessive or abnormal consumption inconsistent with personal or internal business use; (c) activities that adversely impact network operations; or (d) a breach of these Conditions.

8. Pricing

8.1 Prices for eSIM data plans vary by destination and plan type and are displayed prior to purchase.

8.2 Except as required by law or expressly stated in these Conditions, fees paid are non-refundable once the eSIM has been installed or data usage has commenced.

9. Cancellations and refunds

9.1 Change of mind
Due to the digital nature of eSIM services, PEXX does not offer refunds for change of mind once the eSIM has been installed or data usage has commenced.

9.2 Australian Consumer Law
Nothing in these Conditions excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.

9.3 Service failure
Where a major failure occurs or services are not provided with due care and skill, you may be entitled to a refund, replacement or other remedy as required by law.

9.4 Discretionary refunds
PEXX may, at its discretion, provide a proportionate refund for unused service where a verified and material technical or network issue prevents the service from being provided.

10. Privacy and data protection

10.1 PEXX collects, uses and discloses personal information in accordance with the Privacy Act 1988 (Cth) and its Privacy Policy.

10.2 To deliver eSIM services, PEXX may disclose limited personal and usage information to its Connectivity Partners and network operators strictly for service provision, compliance and security purposes.

11. Intellectual property

All intellectual property rights in the eSIM, software, applications, platforms and related materials remain vested in PEXX or its licensors. No rights are transferred to you other than a limited, non-exclusive, non-transferable licence to use the service in accordance with these Conditions.

12. Limitation of liability

12.1 To the maximum extent permitted by law, PEXX is not liable for any indirect, incidental, special or consequential loss arising in connection with the eSIM services.

12.2 Subject to non-excludable rights under the Australian Consumer Law, PEXX's total aggregate liability in connection with an eSIM data plan is limited to the amount paid by you for that plan.

13. Force majeure

PEXX is not liable for any failure or delay in performance caused by events beyond its reasonable control, including network outages, regulatory actions, acts of government, natural disasters or failures of third-party networks.

14. Amendments

PEXX may amend these Conditions from time to time. Any amended Conditions apply only to eSIM data plans purchased after the amended Conditions take effect.

15. Governing law and jurisdiction

These Conditions are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

16. Contact details

PEXX Technology Pty Ltd
Email: support@pexx.com
Website: https://www.pexx.com

‍

GENERAL CONDITIONS OF SALE (ESIM)