Terms of Service

1. What Bilby is

Bilby resells mobile data through eSIM profiles. We are not a mobile network. We buy connectivity wholesale and provide it to you. In each destination we sell, the network your phone actually connects to is owned and operated by a third party, and which networks those are is shown on the plan before you pay for it.

Bilby is the telecommunications division of Nextwave.au, Australia. These terms are governed by the laws of Australia.

2. What you are buying

A prepaid data allowance on a roaming eSIM profile, for one country or region, valid for a fixed period. It is a single purchase, not a subscription. Nothing renews on its own and there is nothing to cancel.

Concretely, and without weasel words:

• The full price, the data included, the validity period and the networks the plan uses are all shown before you pay. There is no activation fee and nothing is added at the final screen.
• Validity runs from first use, not from purchase, so buying early costs you nothing.
• When the data is used or the period ends, the plan stops. We do not bill you again, we do not keep charging you at a higher rate, and there are no excess usage fees.
• Unused data does not roll over into a new plan and has no cash value.
• You can top up an existing profile rather than installing a new one, subject to what the underlying network allows.

3. Discounts and promotional codes

We sometimes issue discount codes. Unless the offer says otherwise:

• One code per order, and codes do not stack.
• A code has no cash value, cannot be exchanged for money, and cannot be sold or transferred.
• Codes have an expiry and may have a usage limit, a minimum spend, or be restricted to particular destinations or plan sizes. Those limits are shown with the code.
• We may withdraw a code at any time. Withdrawing one does not affect an order you have already placed with it.
• If a refund is due on a discounted order, we refund what you actually paid, not the undiscounted price.

We may void a code and cancel the order where it has been obtained or used in a way it was plainly not meant for, such as generating accounts to reuse a single use code.

4. Fair use, and what gets you suspended

We may suspend an account, cancel an order or refuse service where we have reasonable grounds to believe someone has:

• Resold Bilby data or eSIM profiles
• Created multiple accounts to reuse a single use discount code
• Misrepresented their location to obtain regional pricing
• Used a payment method they are not entitled to use
• Used the connection for something that would put our supplier in breach of the law of the country the data is used in

If we get this wrong, email us and a person will look at it. We would rather reinstate a wrongly flagged account than keep it suspended. Where we suspend or cancel and you have paid for data you have not used, section 7 still applies and so does our refund policy.

5. Your eSIM

• You need an eSIM-capable, carrier-unlocked phone. We cannot tell in advance whether yours qualifies, so check with your carrier first.
• Your Bilby eSIM is a roaming profile. You must switch data roaming on for it or it will not connect.
• It is data only. No calls, no SMS, no phone number, and no emergency calling. Keep a working SIM or another means of contacting emergency services.
• Coverage, speed and availability depend on the local network operator and are outside our control.
• An eSIM profile can normally be installed once. Reinstalling on a new phone may need a new profile. We will tell you what that costs before we issue it, and it is never more than the price of the plan.

6. Plans and payment

Paid plans are prepaid. Prices are shown before you buy, in Australian dollars, and include any applicable GST. Data expires at the end of the plan's validity period, whether or not you have used it. That is how wholesale data is sold to us and we are not able to change it.

Refunds are covered separately in our refund policy, which forms part of these terms and operates in addition to your rights under section 7, not instead of them.

7. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

Our services come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. Where a failure is not major, you are entitled to have the problem fixed within a reasonable time, and if that does not happen, to a refund.

8. Liability

Subject to section 7, and to the extent permitted by law, our total liability to you for any claim is limited to the greater of the amount you paid us in the twelve months before the claim, or AUD $100.

To the extent permitted by law, we are not liable for indirect or consequential loss, including missed flights, bookings or business, arising from a loss of connectivity. Mobile networks fail, and coverage depends on infrastructure and conditions nobody controls. Do not make Bilby your only plan for anything that matters.

9. Changes, and contact

We may change these terms. If a change is material we will tell you before it takes effect, by email to the address you gave at checkout and in the app, and the effective date at the top of this page moves with it. Continuing to use Bilby after that means you accept the change. A change never applies retrospectively to a plan you have already bought.

Questions or complaints: hello@bilbymobile.com. Tell us what went wrong and what you would like done about it, and a person will answer you. If we cannot put it right, we will say so plainly rather than leave you waiting.