Ozly eSIM Fair Use & Acceptable Use Policy

Application

This Fair Use & Acceptable Use Policy ("Policy") applies to all services supplied by OZLY GROUP PTY LTD trading as Ozly eSIM ("Ozly", "we", "us", or "our") where a plan is described as:

(a) "Unlimited";

(b) "Unlimited Data";

(c) "Unlimited (subject to fair use)";

(d) "Fair Use"; or

(e) similar terminology.

This Policy forms part of our Terms & Conditions and Refund Policy.

Nothing in this Policy excludes, restricts, or modifies any rights or remedies available under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law ("ACL").

Purpose of this Policy

The purpose of this Policy is to:

(a) protect the integrity, stability, fairness, and operational performance of our services;

(b) ensure equitable access to network resources for all users;

(c) prevent unreasonable, excessive, fraudulent, abusive, commercial, or harmful usage; and

(d) allow Ozly and its upstream network partners to manage network congestion, capacity, security, and service quality.

Nature of Unlimited & Fair Use Services

Plans marketed as "Unlimited" or "Unlimited Data" are provided subject to reasonable network management practices, operational limitations, and fair use controls.

"Unlimited" refers to overall data availability and does not mean:

(a) unlimited high-speed access at all times;

(b) unrestricted bandwidth;

(c) unrestricted network priority;

(d) unrestricted commercial usage;

(e) carrier-grade connectivity; or

(f) immunity from traffic management policies.

To maintain fair and sustainable access for all users, Ozly and/or its upstream roaming partners may apply:

(i) speed restrictions;

(ii) traffic shaping;

(iii) bandwidth management;

(iv) deprioritisation;

(v) session limitations;

(vi) network routing controls; or

(vii) other reasonable network management measures.

These measures may occur automatically based on network conditions, usage patterns, roaming partner policies, congestion levels, or operational requirements.

For China plans that use built-in VPN routing (including non-HKIP profiles), Ozly does not guarantee fully unrestricted access to all websites, applications, or services at all times.

Customers also acknowledge that routing traffic outside Mainland China may result in higher latency and/or slower speeds in some situations.

Fair Use Thresholds

Certain plans may include Fair Use Thresholds.

A Fair Use Threshold is a usage level, behavioural pattern, or operational threshold beyond which network management controls may apply.

Thresholds may vary depending on:

(a) destination country;

(b) roaming partner;

(c) local carrier policies;

(d) network congestion;

(e) plan type;

(f) usage patterns; or

(g) technical or operational limitations.

Ozly reserves the right to modify Fair Use Thresholds where reasonably necessary to:

(i) maintain network integrity;

(ii) comply with upstream provider requirements;

(iii) prevent abuse; or

(iv) preserve service quality for other users.

Network Management Actions

Where a Fair Use Threshold is exceeded, or where Ozly reasonably believes usage is excessive, abusive, harmful, commercial in nature, or inconsistent with ordinary personal travel use, Ozly and/or its roaming partners may:

(a) reduce connection speeds;

(b) deprioritise traffic during congestion;

(c) apply traffic shaping measures;

(d) temporarily suspend access;

(e) restrict specific services or protocols;

(f) require migration to a more suitable plan;

(g) suspend or terminate the service; or

(h) take other reasonable operational measures necessary to protect network integrity.

Speed restrictions may include substantial reductions in throughput for the remainder of the plan period.

Prohibited, Excessive & Unreasonable Use

The following activities may constitute prohibited, excessive, unreasonable, commercial, or abusive use under this Policy:

(a) reselling or redistributing the service;

(b) commercial resale or wholesale usage;

(c) use in fixed wireless replacements or permanent home internet scenarios;

(d) use in routers, gateways, modems, hotspots, or machine-to-machine devices where not expressly permitted;

(e) automated traffic generation;

(f) continuous high-volume streaming, downloading, uploading, or synchronisation activity inconsistent with ordinary travel usage;

(g) torrenting or peer-to-peer file distribution;

(h) operating servers or hosting infrastructure;

(i) large-scale VPN tunnelling or enterprise VPN usage;

(j) bot activity, scraping, crawling, or automated requests;

(k) spam, phishing, malicious activity, or unauthorised scanning;

(l) attempts to circumvent network controls, speed limits, or service restrictions;

(m) repeated account creation or service cycling to avoid Fair Use controls;

(n) fraudulent, unlawful, or abusive conduct; or

(o) any activity that materially degrades network performance for other users.

This list is non-exhaustive.

Ozly may determine whether conduct constitutes excessive or prohibited use acting reasonably and having regard to network integrity, roaming partner requirements, and ordinary consumer travel usage patterns.

Personal Travel Use Only

Unless expressly agreed otherwise in writing, Ozly services are intended solely for ordinary personal travel use.

Ozly services are not designed, warranted, or guaranteed for:

(a) enterprise connectivity;

(b) commercial hosting;

(c) business-critical operations;

(d) uninterrupted remote work infrastructure;

(e) server operations;

(f) carrier-grade connectivity;

(g) permanent home internet replacement; or

(h) mission-critical communications.

Customers remain responsible for maintaining alternative connectivity arrangements where uninterrupted service is required.

Monitoring & Enforcement

Ozly and its upstream providers may monitor usage patterns, network activity, technical indicators, and operational metrics for the purposes of:

(a) enforcing this Policy;

(b) protecting network integrity;

(c) fraud prevention;

(d) capacity management;

(e) cybersecurity; and

(f) compliance with applicable laws and upstream provider requirements.

Where reasonably practicable, Ozly may attempt to contact customers before suspension or termination occurs, however immediate action may be taken where necessary to:

(i) protect network integrity;

(ii) prevent abuse;

(iii) comply with legal obligations; or

(iv) comply with upstream provider requirements.

Suspension & Termination

Ozly may suspend, restrict, or terminate services where:

(a) this Policy is breached;

(b) usage materially impacts network performance;

(c) unlawful activity is suspected;

(d) fraudulent activity is detected; or

(e) upstream providers require enforcement action.

Where permitted by law, services terminated due to breach of this Policy may not be eligible for refund, replacement, or credit.

Australian Consumer Law

Nothing in this Policy excludes, restricts, or modifies any consumer guarantee, right, or remedy available under the Australian Consumer Law.

Contact Information

OZLY GROUP PTY LTD

Trading as: Ozly eSIM

Support: hi@ozlyesim.com