Terms and Conditions
INTRODUCTION
These Terms & Conditions (“Terms”) govern your access to and use of the services made available through the Platform operated by _____________ (the “Company”, “we”, “us” or “our”). By accessing or using the Platform, you agree to be bound by these Terms, which constitute a legally binding agreement between you and the Company.
The Platform enables users to purchase digital mobile top-up products, data bundles, digital vouchers and other digital products or services that may be made available from time to time (collectively, the “Services”). The availability of Services, products, operators, countries and denominations may vary depending on the destination, mobile network operator and our third-party service providers.
Before completing a transaction, the Platform automatically validates the mobile number provided by the user, identifies the corresponding country, mobile network operator and available products where possible, and displays the products and pricing available for that number. Users are responsible for carefully reviewing all transaction details before proceeding with payment.
By placing an order through the Platform, you confirm that you have read, understood and accepted these Terms, together with our Privacy Policy, Cookies Policy and any other policies or notices published on the Platform, which form part of this agreement.
If you do not agree to these Terms, you must not access or use the Platform or the Services.
DEFINITIONS
In these Terms & Conditions (“Terms”), unless the context otherwise requires, the following capitalised terms shall have the meanings set out below.
“Applicable Law” means all laws, statutes, regulations, directives, regulatory requirements, governmental orders and legally binding rules applicable to the Platform, the Services or these Terms.
“Business Day” means any day other than a Saturday, Sunday or public holiday in [Jurisdiction] on which banks are generally open for business.
“Company”, “we”, “us” or “our” means [Company Name], a company incorporated under the laws of [Jurisdiction], which owns and operates the Platform and provides the Services.
“Confirmation” means the electronic confirmation issued by the Company after an Order has been accepted for processing following successful payment.
“Content” means all information, text, graphics, images, logos, trademarks, software, source code, databases, documentation, layouts, designs and other materials made available on or through the Platform.
“Digital Product” means any electronically supplied product available through the Platform, including mobile airtime, prepaid credit, data bundles, digital vouchers, gift cards, PIN-based products and any other digital products made available from time to time.
“Fees” means any service charges, processing fees, currency conversion charges or other charges applicable to an Order and displayed to the User before payment.
“Mobile Number” means the international telephone number entered by the User through the Platform for the purpose of purchasing a Product.
“Mobile Network Operator” or “Operator” means the telecommunications provider responsible for providing services to the Mobile Number and for applying the purchased Product following successful processing.
“Order” means the User’s request submitted through the Platform to purchase one or more Products.
“Order Summary” means the summary of an Order displayed before payment, containing the selected Product, the applicable Fees and the total amount payable.
“Payment” means the successful transfer of funds by the User through a Payment Provider in settlement of an Order.
“Payment Provider” means any third-party payment processor, payment institution, electronic money institution, payment gateway, card acquirer or other payment service provider engaged by the Company to process payments made through the Platform.
“Platform” means the website located at topupmyphoneonline.com, together with all associated webpages, software, applications, interfaces, widgets, APIs and functionality operated by or on behalf of the Company.
“Product” means any Digital Product offered for purchase through the Platform, whether provided as a fixed denomination or as a variable denomination within the limits determined by the relevant Mobile Network Operator or Third-Party Provider.
“Quote” means the pricing information generated by the Platform before payment, including the selected Product, the applicable Fees, the currency of payment, any exchange rate where applicable and the total amount payable by the User.
“Recipient” means the person designated by the User to receive a Product purchased through the Platform.
“Services” means the services provided by the Company through the Platform, including the sale, processing and delivery of Digital Products together with any related functionality, features or ancillary services made available from time to time.
“Third-Party Provider” means any third party involved in providing, facilitating or supporting the Services, including payment providers, mobile network operators, telecommunications providers, technology providers, aggregators, distributors and other commercial partners.
“Transaction” means the process beginning when a User submits an Order through the Platform and ending when the relevant Product has been successfully delivered, rejected, cancelled or refunded in accordance with these Terms.
“User”, “you” or “your” means any individual or legal entity accessing or using the Platform or purchasing Products through the Platform.
Unless the context otherwise requires, references to the singular include the plural and vice versa, references to one gender include all genders, references to persons include natural persons, companies and other legal entities, and references to legislation include any amendment, replacement or re-enactment thereof. The words “including”, “includes” and “including without limitation” shall be interpreted as illustrative and shall not limit the meaning of the words preceding them. Headings are provided for convenience only and shall not affect the interpretation of these Terms.
WHO WE ARE
The Platform is owned, operated and maintained by [Company Name], a company duly incorporated and existing under the laws of [Jurisdiction], with company registration number [Company Number] and its registered office at [Registered Address] (the “Company”, “we”, “us” or “our”).
The Company operates an online platform through which Users may purchase Digital Products for themselves or for Recipients located in supported jurisdictions. The Services available through the Platform may include, without limitation, mobile airtime top-ups, data bundles, digital vouchers, gift cards and other digital products offered from time to time.
The Company provides and manages the Platform, processes Orders submitted by Users and coordinates the fulfilment of those Orders through authorised Third-Party Providers. The Company does not own or operate any mobile telecommunications network and does not issue, manage or control the Digital Products made available through the Platform. Delivery of Products is performed through independent Third-Party Providers, including mobile network operators, aggregators, distributors and payment service providers.
The Products and Services available through the Platform may vary depending on the destination country, the relevant Mobile Network Operator, applicable regulatory requirements and the availability of services provided by Third-Party Providers. Not all Products, denominations, currencies or payment methods are available in every jurisdiction, and the Company reserves the right to modify, suspend or discontinue any Product or Service at any time without prior notice where reasonably necessary.
The Platform is designed to validate the Mobile Number provided by the User, identify the applicable Mobile Network Operator where possible, display the Products available for that Mobile Number and facilitate the purchase of the selected Product. While the Company uses commercially reasonable efforts to ensure the accuracy of information presented through the Platform, the availability, pricing and delivery of Products remain subject to confirmation by the relevant Third-Party Providers.
The Company acts solely as the contractual provider of the Services described in these Terms. Nothing contained on the Platform shall be construed as creating a partnership, agency, joint venture or fiduciary relationship between the Company and any User, Recipient, Mobile Network Operator or Third-Party Provider.
Any enquiries regarding the Platform, the Services, an Order or these Terms may be submitted using the contact details published on the Platform. The Company will use reasonable efforts to respond to enquiries within an appropriate timeframe, although response times may vary depending on the nature and complexity of the request.
ELIGIBILITY
Access to and use of the Platform and the Services is permitted only to persons who satisfy the eligibility requirements set out in these Terms. By accessing the Platform, creating an Order or otherwise using the Services, you represent, warrant and undertake that you continue to meet these requirements throughout your use of the Platform.
You must be at least eighteen (18) years of age or have otherwise attained the legal age of majority in your country of residence, and you must possess the full legal capacity to enter into legally binding agreements under the Applicable Law. The Company does not knowingly provide Services to minors or persons lacking legal capacity. If the Company becomes aware that the Platform has been used by such a person, it reserves the right to suspend or terminate access to the Services and cancel any pending Orders to the extent permitted by Applicable Law.
If you access or use the Platform on behalf of a company, partnership, organisation or any other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms. In such circumstances, all references to “User”, “you” and “your” shall apply both to the individual acting on behalf of the entity and to the entity itself, and both shall remain jointly and severally responsible for compliance with these Terms.
You may access and use the Platform only where such access and use are lawful. You are solely responsible for determining whether the use of the Platform, the purchase of any Product and the receipt of any Services are permitted under the laws and regulations applicable to you. The Company makes no representation that the Platform or the Services are appropriate, available or lawful in every jurisdiction.
The Platform and the Services are not intended for use by any individual, organisation or entity located in, established in or otherwise connected with any jurisdiction where the provision or use of the Services would violate Applicable Law or expose the Company or any of its Third-Party Providers to regulatory, legal or contractual risk. The Company reserves the right, at any time and without prior notice, to restrict or prohibit access to the Platform or specific Services in any jurisdiction where it considers such action reasonably necessary.
By using the Platform, you further represent and warrant that all information, documents and other details provided by you are accurate, complete, current and not misleading. You undertake to promptly update any information that becomes inaccurate or incomplete where such information is relevant to your use of the Services or the processing of an Order.
You further represent and warrant that you are authorised to use the payment method selected for an Order and that the funds used to purchase Products originate from lawful sources. The Company may refuse to process an Order where it reasonably believes that a payment method has been used without proper authorisation or where the Transaction appears to be fraudulent, unlawful or otherwise inconsistent with these Terms.
The Company may request additional information or documentation where reasonably necessary to verify your identity, authority, eligibility, payment method or compliance with Applicable Law. Failure to provide the requested information within a reasonable period may result in the rejection of an Order, suspension of the Services or termination of your access to the Platform.
The Company reserves the right, at its sole discretion and without liability, to refuse any Order, suspend or restrict access to the Platform, terminate your right to use the Services or impose additional conditions on your continued use where it reasonably believes that you have breached these Terms, no longer satisfy the eligibility requirements, provided inaccurate or misleading information, attempted to misuse the Platform or where such action is necessary to comply with Applicable Law, regulatory obligations, court orders or the Company’s legitimate risk management and compliance procedures.
No person acquires any right to access or use the Platform solely by visiting the Platform or submitting an Order. The Company retains the right to determine, subject to Applicable Law, whether a User is eligible to receive the Services and may refuse or discontinue the provision of the Services at any time where it reasonably considers this to be necessary or appropriate.
DESCRIPTION OF THE SERVICES
The Company provides an online platform that enables Users to purchase Digital Products for supported mobile numbers and other eligible digital destinations. The Services are designed to facilitate the purchase, processing and delivery of Digital Products through an integrated electronic ordering system. The Products made available through the Platform may include mobile airtime top-ups, data bundles, digital vouchers, gift cards and other digital products or services that the Company may offer from time to time.
The Platform allows a User to submit an Order by entering an eligible Mobile Number or other required destination details. The Platform then attempts to validate the information provided, identify the applicable Mobile Network Operator or other service provider where possible, and display the Products available for that particular destination. The Products presented to the User are determined by the relevant Third-Party Providers and may differ depending on the destination country, Mobile Network Operator, currency, regulatory requirements and commercial availability.
Depending on the Product selected, the User may be offered either fixed denominations or the ability to specify a value within a permitted range. Prior to payment, the Platform generates a Quote and displays an Order Summary containing the selected Product, the applicable Fees, the total amount payable and any other relevant transaction information. The User is solely responsible for reviewing and confirming the accuracy of the Order before submitting payment.
Following successful payment, the Company submits the Order for processing through the relevant Third-Party Providers. Once accepted for processing, the purchased Product is delivered electronically to the designated Recipient or destination in accordance with the procedures of the relevant Mobile Network Operator or other Third-Party Provider. Delivery is generally completed within a short period of time; however, processing and delivery times may vary depending on technical, operational or regulatory factors outside the Company’s reasonable control.
The Company continuously seeks to expand and improve the Services. Accordingly, the range of Products, supported countries, Mobile Network Operators, payment methods, currencies and Platform functionality may be modified, updated, expanded, restricted or discontinued at any time without prior notice where reasonably necessary for operational, commercial, legal or regulatory reasons.
The Company acts solely as the provider and operator of the Platform and does not itself issue, redeem or administer the Digital Products made available through the Services. The fulfilment, activation, redemption, validity period, permitted use and any restrictions applicable to a Product are determined by the relevant Third-Party Provider and may be subject to that provider’s own terms, conditions and policies.
The Company uses commercially reasonable efforts to ensure that the information displayed through the Platform is accurate and up to date. However, the availability of Products, pricing, exchange rates, supported destinations, denominations, estimated delivery times and other Product-related information may change without prior notice and remain subject to confirmation by the relevant Third-Party Providers at the time an Order is processed.
Nothing contained on the Platform shall be interpreted as a guarantee that a particular Product, Mobile Network Operator, destination, denomination, payment method or Service will remain continuously available. The Company reserves the right to reject, suspend, delay or cancel any Order where this is necessary to comply with Applicable Law, regulatory requirements, fraud prevention measures, technical limitations or the operational requirements of the Company or any Third-Party Provider.
HOW THE SERVICE WORKS
The Platform enables Users to purchase Digital Products through a streamlined electronic ordering process. The exact Products available for purchase depend on the destination, the relevant Mobile Network Operator or other Third-Party Provider, and may vary from time to time.
To place an Order, the User must enter a valid international Mobile Number or any other information requested by the Platform. The Platform will attempt to validate the information provided and, where possible, automatically identify the relevant country, Mobile Network Operator and available Products. The Company does not require the User to manually select the Mobile Network Operator where automatic identification is available.
If the Platform is unable to validate the Mobile Number or identify a supported destination, the Order cannot proceed until valid information is provided. The availability of Products depends on successful validation and the information supplied by the relevant Third-Party Providers.
Once the destination has been successfully identified, the Platform displays the Products available for that Mobile Number or destination. Depending on the Product offered, the User may be required either to select a fixed denomination or to specify an amount within the range permitted by the relevant Third-Party Provider. Certain Products may offer only a single denomination or a predefined package.
After the User selects a Product, the Platform generates a Quote based on the selected Product, applicable Fees, exchange rates where applicable, and any other relevant pricing components. The Platform also displays an Order Summary containing the details of the proposed Transaction, including the selected Product and the total amount payable. The User is responsible for reviewing the Order Summary carefully before proceeding with payment.
By submitting payment, the User confirms that all information provided is complete and accurate and authorises the Company and its Payment Providers to process the Transaction.
Following successful payment authorisation, the Company submits the Order to the relevant Third-Party Providers for fulfilment. Processing of an Order does not commence until payment has been successfully authorised and accepted. Once submitted, an Order may not be capable of being amended, cancelled or reversed, depending on its processing status and the policies of the relevant Third-Party Providers.
The purchased Product is delivered electronically through the systems of the relevant Mobile Network Operator or other Third-Party Provider. Delivery times may vary depending on the destination, network conditions, system availability, regulatory requirements and other factors outside the Company’s reasonable control. Although the Company uses commercially reasonable efforts to facilitate prompt processing, it does not guarantee that every Transaction will be completed within a particular timeframe.
Upon completion of the Transaction, the User may receive an electronic confirmation confirming that the Order has been processed. Such confirmation records the successful processing of the Order by the Platform but does not modify or replace any terms, conditions or restrictions applicable to the Product imposed by the relevant Third-Party Provider.
The Company may modify, update or improve the ordering process, Platform functionality or available Services from time to time in order to enhance security, comply with Applicable Law, implement technical improvements or improve the overall user experience, provided that such changes do not materially reduce the functionality of the Services without reasonable justification.
USER RESPONSIBILITIES
The User is solely responsible for ensuring that all information submitted through the Platform is accurate, complete, current and truthful. The Company relies entirely upon the information provided by the User when processing an Order and is under no obligation to verify the identity of the Recipient, the accuracy of the Mobile Number or the suitability of the selected Product. Any errors or omissions in the information provided by the User may result in the rejection of an Order, delayed processing, unsuccessful delivery or delivery of the Product to an unintended Recipient.
Before submitting an Order, the User must carefully review all information displayed by the Platform, including the Mobile Number, destination country where applicable, available Product, denomination or selected amount, applicable Fees, total amount payable and all other details contained in the Order Summary. The User acknowledges that the responsibility for confirming the accuracy of an Order rests entirely with the User.
The User shall use the Platform and the Services only for lawful purposes and strictly in accordance with these Terms and all Applicable Laws. The User shall not use, or attempt to use, the Platform for any fraudulent, unlawful, deceptive, abusive or unauthorised purpose, or in any manner that may interfere with, disrupt, damage or compromise the security, integrity, availability or proper operation of the Platform, the Services or the systems of any Third-Party Provider.
The User represents and warrants that all information, documents and other materials provided to the Company are authentic, accurate, complete and not misleading, and undertakes to update such information where necessary to ensure that it remains accurate throughout the User’s use of the Services.
The User is solely responsible for selecting and using a payment method that the User is legally authorised to use. By submitting an Order, the User represents and warrants that the payment instrument belongs to the User or is being used with the express authorisation of its lawful holder, that sufficient funds or credit are available to complete the Transaction and that the payment does not violate any Applicable Law or the rights of any third party.
The User further represents and warrants that all funds used to purchase Products originate from legitimate and lawful sources and that the User is not using the Platform to facilitate money laundering, terrorist financing, fraud, sanctions evasion or any other unlawful activity. The Company reserves the right to reject, suspend or cancel any Order where it reasonably suspects that a Transaction may be connected with illegal activity or otherwise presents an unacceptable legal, regulatory or commercial risk.
The User acknowledges that Products made available through the Platform are supplied by independent Third-Party Providers and that the characteristics, denominations, availability, redemption conditions, validity periods and permitted uses of those Products may vary depending on the relevant provider. It is the User’s responsibility to ensure that the selected Product is appropriate for the intended Recipient before completing the Transaction.
The User acknowledges that, once payment has been successfully authorised and an Order has been submitted for processing, it may no longer be possible to amend, cancel or reverse the Transaction. Accordingly, the User must ensure that all Order details are correct before confirming payment.
The User shall promptly provide any information, explanation or supporting documentation reasonably requested by the Company where such information is required to verify the User’s identity, confirm the legitimacy of a Transaction, investigate suspected fraud, resolve a complaint or dispute, comply with Applicable Law or satisfy the Company’s contractual, regulatory or compliance obligations. The Company’s failure to process an Order pending such verification shall not constitute a breach of these Terms.
The User shall not attempt to access any part of the Platform by any means other than the interfaces intentionally provided by the Company, nor shall the User attempt to circumvent any security measures, technical restrictions, transaction limits or fraud prevention mechanisms implemented by the Company or any Third-Party Provider.
The User shall not copy, reproduce, modify, distribute, reverse engineer, decompile, disassemble, scrape, extract data from, create derivative works of or otherwise exploit any part of the Platform except to the extent expressly permitted by Applicable Law or with the Company’s prior written consent.
The User is responsible for maintaining the security of any device, network, credentials or other means used to access the Platform and shall take all reasonable steps to prevent unauthorised access or misuse. The Company shall not be liable for any loss arising from the User’s failure to maintain appropriate security measures over their devices or credentials.
The User shall comply with any reasonable instructions, procedures or security requirements communicated by the Company from time to time in connection with the use of the Platform or the Services. Failure to comply with such requirements may result in the refusal, suspension or termination of the Services.
The User agrees to cooperate fully with the Company in connection with the investigation of any suspected fraud, security incident, unauthorised Transaction or breach of these Terms, including by providing information and documentation reasonably requested by the Company.
The User remains solely responsible for all Orders submitted through the Platform using the User’s information, payment method or credentials, unless the User has previously notified the Company of unauthorised use and the Company has had a reasonable opportunity to take appropriate action.
To the fullest extent permitted by Applicable Law, the Company shall not be responsible for any loss, damage, delay, unsuccessful delivery or other consequence arising directly or indirectly from inaccurate, incomplete or misleading information provided by the User, the User’s failure to comply with these Terms, the User’s misuse of the Platform or any breach of Applicable Law committed by the User.
PRICING, QUOTES AND PAYMENTS
The prices of Products offered through the Platform are displayed before the User submits an Order. The amount payable by the User is determined at the time the Platform generates a Quote and may include the value of the selected Product, applicable Fees, taxes where required by Applicable Law, currency conversion charges and any other charges disclosed before payment.
The Platform generates a Quote based on the information available at the time of the User’s request. A Quote is provided for informational purposes to enable the User to review the details of the proposed Transaction before payment. Unless expressly stated otherwise, a Quote does not constitute a binding offer by the Company and may be withdrawn, amended or become unavailable prior to the successful completion of the Transaction.
Prices, exchange rates, available Products, denominations and applicable Fees may change at any time due to changes imposed by Mobile Network Operators, Third-Party Providers, Payment Providers, currency fluctuations, taxes, regulatory requirements or other factors outside the Company’s reasonable control. The Company shall use reasonable efforts to ensure that the information displayed on the Platform is accurate at the time the Quote is generated but does not guarantee that pricing will remain unchanged until an Order is completed.
Before submitting payment, the User is provided with an Order Summary containing the selected Product, the total amount payable and any applicable Fees. The User is solely responsible for reviewing the Order Summary and confirming that all information is correct before authorising payment. Submission of payment constitutes the User’s confirmation that all Order details are accurate and that the User agrees to pay the total amount displayed.
Payments made through the Platform are processed exclusively by independent Payment Providers. The Company does not collect, store or process payment card details except to the extent necessary to facilitate the Transaction through its authorised Payment Providers. The processing of payment information is subject to the terms, conditions and privacy policies of the relevant Payment Provider.
The User represents and warrants that they are legally authorised to use the selected payment method and that sufficient funds or credit are available to complete the Transaction. The User further represents that the payment instrument is valid, has not been obtained or used fraudulently and may lawfully be used for the purchase of the selected Product.
An Order shall be deemed received by the Company once it has been submitted through the Platform. However, an Order shall not be deemed accepted until payment has been successfully authorised and the Company has confirmed that the Order has been accepted for processing. The Company reserves the right to refuse or cancel any Order prior to acceptance where payment authorisation fails, the selected Product becomes unavailable, incorrect pricing is displayed due to a technical error, fraud or unlawful activity is suspected, additional verification is required, or where refusal is otherwise necessary to comply with Applicable Law or the Company’s legal, contractual or regulatory obligations.
Where payment authorisation is declined, cancelled or reversed by the relevant Payment Provider or issuing financial institution, the corresponding Order shall not be processed unless successful payment is subsequently received.
The Company may impose minimum or maximum transaction values, daily or periodic transaction limits, restrictions on payment methods or other operational limitations where reasonably necessary for security, fraud prevention, regulatory compliance or operational purposes. Such limitations may be modified from time to time without prior notice.
Unless otherwise expressly stated on the Platform or required by Applicable Law, all payments made in connection with successfully processed Orders are final. The availability of refunds, reversals or other adjustments shall be governed exclusively by these Terms and the Company’s Refund Policy, where applicable.
The Company reserves the right to correct any typographical errors, pricing inaccuracies, technical mistakes or system errors affecting the display of prices, Quotes or Fees. Where such an error materially affects an Order that has not yet been accepted for processing, the Company may cancel the affected Order and, where applicable, refund any amounts received in accordance with these Terms and Applicable Law.
ORDER CONFIRMATION AND DELIVERY
The prices of Products offered through the Platform are displayed before the User submits an Order. The amount payable by the User is determined at the time the Platform generates a Quote and may include the value of the selected Product, applicable Fees, taxes where required by Applicable Law, currency conversion charges and any other charges disclosed before payment.
The Platform generates a Quote based on the information available at the time of the User’s request. A Quote is provided for informational purposes to enable the User to review the details of the proposed Transaction before payment. Unless expressly stated otherwise, a Quote does not constitute a binding offer by the Company and may be withdrawn, amended or become unavailable prior to the successful completion of the Transaction.
Prices, exchange rates, available Products, denominations and applicable Fees may change at any time due to changes imposed by Mobile Network Operators, Third-Party Providers, Payment Providers, currency fluctuations, taxes, regulatory requirements or other factors outside the Company’s reasonable control. The Company shall use reasonable efforts to ensure that the information displayed on the Platform is accurate at the time the Quote is generated but does not guarantee that pricing will remain unchanged until an Order is completed.
Before submitting payment, the User is provided with an Order Summary containing the selected Product, the total amount payable and any applicable Fees. The User is solely responsible for reviewing the Order Summary and confirming that all information is correct before authorising payment. Submission of payment constitutes the User’s confirmation that all Order details are accurate and that the User agrees to pay the total amount displayed.
Payments made through the Platform are processed exclusively by independent Payment Providers. The Company does not collect, store or process payment card details except to the extent necessary to facilitate the Transaction through its authorised Payment Providers. The processing of payment information is subject to the terms, conditions and privacy policies of the relevant Payment Provider.
The User represents and warrants that they are legally authorised to use the selected payment method and that sufficient funds or credit are available to complete the Transaction. The User further represents that the payment instrument is valid, has not been obtained or used fraudulently and may lawfully be used for the purchase of the selected Product.
An Order shall be deemed received by the Company once it has been submitted through the Platform. However, an Order shall not be deemed accepted until payment has been successfully authorised and the Company has confirmed that the Order has been accepted for processing. The Company reserves the right to refuse or cancel any Order prior to acceptance where payment authorisation fails, the selected Product becomes unavailable, incorrect pricing is displayed due to a technical error, fraud or unlawful activity is suspected, additional verification is required, or where refusal is otherwise necessary to comply with Applicable Law or the Company’s legal, contractual or regulatory obligations.
Where payment authorisation is declined, cancelled or reversed by the relevant Payment Provider or issuing financial institution, the corresponding Order shall not be processed unless successful payment is subsequently received.
The Company may impose minimum or maximum transaction values, daily or periodic transaction limits, restrictions on payment methods or other operational limitations where reasonably necessary for security, fraud prevention, regulatory compliance or operational purposes. Such limitations may be modified from time to time without prior notice.
Unless otherwise expressly stated on the Platform or required by Applicable Law, all payments made in connection with successfully processed Orders are final. The availability of refunds, reversals or other adjustments shall be governed exclusively by these Terms and the Company’s Refund Policy, where applicable.
The Company reserves the right to correct any typographical errors, pricing inaccuracies, technical mistakes or system errors affecting the display of prices, Quotes or Fees. Where such an error materially affects an Order that has not yet been accepted for processing, the Company may cancel the affected Order and, where applicable, refund any amounts received in accordance with these Terms and Applicable Law.
FAILED TRANSACTIONS AND REFUNDS
The Company is committed to providing reliable and efficient Services. However, due to the involvement of Payment Providers, Mobile Network Operators and other Third-Party Providers, a Transaction may occasionally fail, be delayed or otherwise be incapable of completion. The User acknowledges that the outcome of a Transaction may depend on systems and infrastructure that are not owned or controlled by the Company.
A Transaction shall be considered unsuccessful where, for example, payment is successfully received but the selected Product cannot be delivered to the intended Recipient, the relevant Third-Party Provider rejects the Order, a technical failure prevents completion of the Transaction, or the Company determines that the Order cannot be processed in accordance with these Terms or Applicable Law. In such circumstances, the Company will use commercially reasonable efforts to investigate the matter and determine the appropriate resolution.
Where a Transaction cannot be successfully completed and the Product has not been delivered to the Recipient, the User may be entitled to a full or partial refund, replacement of the Product or another appropriate remedy, depending on the circumstances of the Transaction. The remedy provided shall be determined by the Company after completion of any investigation considered reasonably necessary.
Refund requests must be submitted using the contact details published on the Platform within thirty (30) days from the date of the relevant Transaction, unless a longer period is required by Applicable Law. The Company may require the User to provide sufficient information to identify and investigate the Transaction, including the transaction reference, payment confirmation, the Mobile Number, the date and amount of the Transaction and any other information reasonably requested by the Company.
The Company reserves the right to decline a refund request where the requested information is incomplete, inaccurate or insufficient to investigate the claim, where the request is submitted after the applicable time limit, or where the Company reasonably determines that the Product has been successfully delivered in accordance with the Order submitted by the User.
No refund shall be available where the Product has been successfully delivered to the Mobile Number or other destination specified by the User, even if the User entered incorrect, incomplete or outdated information when placing the Order. The User acknowledges that the Company processes Transactions strictly in accordance with the information submitted through the Platform and cannot retrieve, reverse or redirect a Product that has already been successfully delivered.
Refunds shall also not be available where the User changes their mind after an Order has been successfully processed, where the Recipient is unable or unwilling to use the Product, where the Product expires or is subject to restrictions imposed by the relevant Mobile Network Operator or Third-Party Provider, or where the inability to use the Product results from circumstances outside the Company’s reasonable control.
Where a refund is approved, it will ordinarily be processed using the same payment method that was used to complete the original Transaction, unless otherwise required by Applicable Law or agreed by the Company. Refund processing times may vary depending on the relevant Payment Provider, card issuer, financial institution or payment method and are outside the Company’s reasonable control.
If a Transaction is duplicated due to a technical error attributable to the Company and the User is charged more than once for the same Order, the Company will use reasonable efforts to correct the error and, where appropriate, refund any duplicate payment following verification of the relevant Transaction.
Nothing in this Section shall limit any statutory rights or remedies that cannot be excluded or restricted under Applicable Law.
THIRD-PARTY PROVIDERS
The Company provides and operates the Platform but relies on a network of independent Third-Party Providers to facilitate certain aspects of the Services. These Third-Party Providers may include, without limitation, Payment Providers, Mobile Network Operators, telecommunications providers, digital product distributors, aggregators, technology providers and other commercial partners involved in the processing, delivery and support of the Services.
The availability, functionality and successful delivery of Products depend upon the continued operation and performance of these Third-Party Providers. Accordingly, the Products, supported destinations, Mobile Network Operators, denominations, payment methods, currencies and delivery capabilities available through the Platform may change from time to time without prior notice.
The Company selects its Third-Party Providers with reasonable care and seeks to maintain relationships with reputable commercial partners. However, the Company does not own, manage or control the systems, infrastructure, networks or operational processes of any Third-Party Provider and cannot guarantee their continuous availability, performance or accuracy.
The User acknowledges that certain elements of the Services are performed entirely by Third-Party Providers. These may include, but are not limited to, payment authorisation, payment settlement, Product fulfilment, electronic delivery, activation of Digital Products, telecommunications services, exchange rate calculations and other technical or operational functions required to complete a Transaction.
The Company shall not be responsible for any delay, interruption, rejection, suspension or failure of a Transaction resulting from the acts or omissions of a Third-Party Provider, including scheduled or emergency maintenance, technical failures, network congestion, service outages, system incompatibilities, regulatory restrictions, force majeure events or any other circumstances beyond the Company’s reasonable control.
The Company reserves the right to replace, add, remove or suspend any Third-Party Provider, Product, Mobile Network Operator, payment method or supported jurisdiction at any time where reasonably necessary for operational, commercial, legal, regulatory or security reasons. Such changes shall not constitute a breach of these Terms and shall not give rise to any right to compensation.
The User acknowledges that certain Products may be subject to additional terms, conditions, limitations, redemption rules or usage restrictions imposed by the relevant Third-Party Provider. The Company is not responsible for the content of such terms or for any subsequent amendments made by the applicable Third-Party Provider. The User is responsible for ensuring that the selected Product is suitable for its intended purpose before completing an Order.
Where a Third-Party Provider rejects, suspends or is unable to process an Order after payment has been authorised, the Company will use commercially reasonable efforts to investigate the matter and, where appropriate, provide a replacement Product, process a refund or offer another suitable remedy in accordance with these Terms and the Company’s Refund Policy.
Nothing in these Terms shall be construed as creating any contractual relationship between the User and any Third-Party Provider through the Company. Unless expressly stated otherwise, all contractual obligations relating to the provision of the Platform and the Services are assumed solely by the Company, while Third-Party Providers perform specific operational or technical functions necessary for the delivery of the Services.
PROHIBITED USE
The Platform and the Services may be used only for lawful purposes and in accordance with these Terms. By accessing or using the Platform, the User agrees not to engage in any activity that may violate Applicable Law, infringe the rights of the Company or any third party, compromise the integrity or security of the Platform, or interfere with the proper provision of the Services.
Without limitation, the User shall not use the Platform to submit false, inaccurate, misleading or fraudulent information, impersonate any individual or entity, or misrepresent their identity, authority or affiliation with any person or organisation. The User shall not attempt to purchase Products using stolen, unauthorised or fraudulently obtained payment methods, nor shall the User knowingly provide inaccurate payment information or otherwise attempt to circumvent payment verification procedures.
The User shall not use the Platform in connection with money laundering, terrorist financing, sanctions evasion, fraud, identity theft, financial crime or any other unlawful or prohibited activity. The Company reserves the right to refuse, suspend or terminate any Transaction where it reasonably suspects that the Platform is being used for an unlawful purpose or in a manner inconsistent with these Terms or Applicable Law.
The User shall not interfere with the operation, functionality or security of the Platform or attempt to gain unauthorised access to any part of the Platform, its infrastructure, databases, servers, software or networks. This includes, without limitation, introducing malicious software, viruses, worms, Trojan horses or other harmful code, attempting to bypass security measures, probing or testing vulnerabilities, conducting denial-of-service attacks, or otherwise interfering with the availability or integrity of the Platform.
The User shall not use any automated means to access or interact with the Platform without the Company’s prior written consent. This includes the use of robots, bots, spiders, crawlers, scrapers, automated scripts or any similar technologies designed to extract data, place Orders, monitor the Platform or otherwise interact with the Services in an automated manner.
The User shall not copy, reproduce, distribute, modify, translate, adapt, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying algorithms, architecture or technical functionality of the Platform, except where such restriction is prohibited by Applicable Law.
The User shall not misuse the Platform in a manner that imposes an unreasonable or disproportionate burden on the Company’s systems or the systems of any Third-Party Provider, nor shall the User take any action that may disrupt, degrade or adversely affect the experience of other Users.
The User shall not use the Platform to infringe the intellectual property rights, privacy rights, contractual rights or any other legal rights of the Company, any Third-Party Provider or any other person. The User shall also refrain from using the Platform in any manner that is defamatory, abusive, threatening, discriminatory, offensive or otherwise objectionable.
The Company reserves the right, at its sole discretion and without prior notice, to refuse any Order, suspend or terminate access to the Platform or the Services, block Transactions, request additional verification or take any other action it reasonably considers necessary where it believes that the User has breached this Section, these Terms or Applicable Law. The exercise of such rights shall be without prejudice to any other remedies available to the Company under these Terms or Applicable Law.
The User shall remain fully responsible for any loss, damage, liability, cost or expense arising from the User’s prohibited or unlawful use of the Platform and shall indemnify the Company to the fullest extent permitted by Applicable Law against any claims resulting from such conduct.
INTELLECTUAL PROPERTY
The Platform, the Services and all Content made available through or in connection with the Platform are owned by, licensed to or otherwise lawfully used by the Company and are protected by applicable intellectual property laws, including copyright, trade mark, database, trade secret and other proprietary rights.
Unless expressly stated otherwise, all rights, title and interest in and to the Platform, including its software, source code, object code, user interface, design, layout, functionality, text, graphics, images, logos, icons, databases, documentation, audiovisual materials and other Content, together with all intellectual property rights subsisting therein, remain the exclusive property of the Company or its licensors. Nothing contained in these Terms shall be interpreted as transferring or assigning any ownership rights to the User.
Subject to these Terms, the Company grants the User a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Platform solely for its intended purpose of purchasing Products through the Services. This licence does not grant the User any ownership or other proprietary interest in the Platform or any Content and may be revoked by the Company at any time in accordance with these Terms.
Except to the extent expressly permitted by Applicable Law or with the Company’s prior written consent, the User shall not copy, reproduce, distribute, publish, transmit, display, perform, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, extract, sell, license, lease, sublicense or otherwise exploit any part of the Platform or its Content for commercial or non-commercial purposes.
The User shall not remove, alter, obscure or interfere with any copyright notices, trade marks, branding, proprietary notices or other identifiers appearing on the Platform or incorporated into the Services or any Digital Product.
Any trade names, company names, business names, logos, domain names, product names, service names and trade marks displayed on the Platform are the property of the Company or their respective owners. Nothing contained in these Terms or on the Platform grants the User any licence or right to use any such intellectual property without the prior written consent of the relevant rights holder.
To the extent that the User submits feedback, suggestions, ideas, comments, reviews or other communications relating to the Platform or the Services, the User grants the Company a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable right to use, reproduce, modify, adapt, publish, distribute and otherwise exploit such feedback for any lawful business purpose without restriction or compensation, unless otherwise prohibited by Applicable Law.
The Company respects the intellectual property rights of others and expects Users to do the same. If any person believes that material available through the Platform infringes their intellectual property rights, they should notify the Company using the contact details provided on the Platform, supplying sufficient information to identify the allegedly infringing material, establish ownership of the relevant rights and enable the Company to investigate the matter. The Company reserves the right to remove or disable access to any material where it reasonably believes that such action is necessary to comply with Applicable Law or to protect the rights of the Company or any third party.
Any unauthorised use of the Platform or its Content may constitute a violation of intellectual property laws, contractual rights and other Applicable Laws and may result in the suspension or termination of the User’s access to the Services, as well as civil, administrative or criminal liability where permitted by Applicable Law.
AVAILABILITY OF THE PLATFORM
The Company uses commercially reasonable efforts to ensure that the Platform and the Services are available and operational on a continuous basis. However, the Company does not represent or warrant that the Platform, the Services or any part thereof will always be available, uninterrupted, secure, error-free or free from delays, interruptions or technical defects.
The availability of the Platform and the successful provision of the Services depend upon a number of factors, many of which are outside the Company’s reasonable control. These factors include the availability and performance of Third-Party Providers, Mobile Network Operators, Payment Providers, telecommunications networks, internet service providers, hosting infrastructure, cloud services, software providers and other technical or operational dependencies.
From time to time, the Company may suspend, restrict or interrupt access to all or part of the Platform in order to perform scheduled maintenance, install updates, implement new features, improve security, investigate suspected fraud, address technical issues or comply with Applicable Law, regulatory requirements or the instructions of competent authorities. Where reasonably practicable, the Company will endeavour to schedule planned maintenance in a manner that minimises disruption to Users; however, prior notice cannot be guaranteed in every circumstance.
The Company also reserves the right to carry out emergency maintenance or take immediate technical measures without prior notice where necessary to preserve the security, integrity, stability or proper functioning of the Platform or the Services, or to prevent actual or suspected fraud, cyber-attacks, data breaches or other security incidents.
The Company may modify, enhance, replace, suspend or permanently discontinue any feature, functionality, Product, payment method, supported Mobile Network Operator, supported jurisdiction or other element of the Platform at any time where reasonably necessary for technical, commercial, operational, legal or regulatory reasons. Such modifications shall not constitute a breach of these Terms and shall not give rise to any entitlement to compensation.
The Company shall not be liable for any delay, interruption, degradation of performance or temporary unavailability of the Platform resulting from circumstances beyond its reasonable control, including failures of telecommunications networks, internet connectivity, hosting providers, cloud infrastructure, power supply, Third-Party Providers, force majeure events or any other external events affecting the operation of the Services.
The Company may suspend or restrict access to the Platform, in whole or in part, where it reasonably believes that such action is necessary to protect the Platform, the Services, the Company’s systems, Third-Party Providers, other Users or the Company from fraud, security threats, technical failures, unlawful activity or other material risks.
The User acknowledges that access to the Platform may occasionally be unavailable, delayed or affected by circumstances outside the Company’s reasonable control and agrees that such temporary interruptions are an inherent feature of internet-based services. The Company shall not be responsible for any loss of business, loss of opportunity, loss of revenue or other indirect loss arising solely from the temporary unavailability of the Platform or the Services, except where such liability cannot be excluded under Applicable Law.
Nothing in this Section shall limit the Company’s obligation to use commercially reasonable efforts to maintain the security, reliability and overall availability of the Platform consistent with the nature of the Services and industry practice.
LIMITATION OF LIABILITY
To the fullest extent permitted by Applicable Law, the Company shall not be liable for any loss, damage, cost, expense or liability arising out of or in connection with the User’s access to or use of the Platform or the Services, except where such loss is directly caused by the Company’s fraud, fraudulent misrepresentation, gross negligence or wilful misconduct, or where liability cannot be excluded or limited under Applicable Law.
The Company provides the Platform and the Services on an “as available” and “as is” basis. While the Company uses commercially reasonable efforts to maintain the availability, security and reliability of the Platform, it does not warrant or guarantee that the Platform or the Services will operate without interruption, delay, technical errors, defects or security vulnerabilities, or that the Platform will always be available at a particular time.
The Company shall not be responsible for any delay, interruption, rejection or failure in the processing or delivery of a Product resulting from circumstances beyond its reasonable control, including the acts or omissions of Third-Party Providers, Mobile Network Operators, Payment Providers, telecommunications providers, internet service providers, hosting providers or other third parties, failures of communication networks, technical malfunctions, maintenance activities, force majeure events, governmental actions or changes in Applicable Law.
The Company shall not be liable for any loss or damage resulting from incorrect, incomplete or misleading information submitted by the User, including an incorrect Mobile Number, the selection of an incorrect Product, errors in payment details or any other information provided by the User when placing an Order. The User acknowledges that Orders are processed strictly in accordance with the information submitted through the Platform and that successfully processed Transactions cannot generally be reversed once submitted to the relevant Third-Party Provider.
The Company shall not be responsible for any limitation, restriction, suspension, expiry, redemption condition or other requirement imposed by a Mobile Network Operator or other Third-Party Provider in relation to any Product. The use, validity and functionality of a Product after successful delivery are governed by the terms and operational requirements of the relevant Third-Party Provider.
To the fullest extent permitted by Applicable Law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for any loss of profits, revenue, business opportunities, contracts, anticipated savings, goodwill, reputation, data or business interruption, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, even if the Company has been advised of the possibility of such damages.
Nothing in these Terms shall require the Company to compensate the User for losses arising solely from fluctuations in exchange rates, changes in pricing, the withdrawal or modification of Products, temporary unavailability of the Platform or delays attributable to Third-Party Providers, provided that the Company has acted in accordance with these Terms and Applicable Law.
To the maximum extent permitted by Applicable Law, the Company’s total aggregate liability arising out of or in connection with any single Transaction shall not exceed the total amount actually paid by the User for the Product giving rise to the relevant claim.
Where a claim relates to multiple Transactions, the Company’s total aggregate liability shall not exceed the total amount paid by the User for the specific Transaction or Transactions directly affected by the event giving rise to the claim.
Nothing in these Terms shall exclude or limit the Company’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited under Applicable Law.
The limitations and exclusions of liability contained in this Section are fundamental elements of the agreement between the Company and the User. The User acknowledges that the pricing of the Services has been determined in reliance upon these limitations of liability and that the Company would not be able to provide the Platform and the Services on the same commercial basis without them.
INDEMNITY
The User agrees to indemnify, defend and hold harmless the Company, its affiliates, directors, officers, employees, agents, contractors, licensors, successors and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, penalties, fines, costs and expenses, including reasonable legal fees and professional expenses, arising directly or indirectly out of or in connection with the User’s access to or use of the Platform or the Services, the User’s breach of these Terms, any violation of Applicable Law, the infringement of any rights of a third party, the submission of inaccurate, false or misleading information, the misuse of the Platform, or any fraudulent, unlawful or unauthorised activity carried out by or on behalf of the User.
The User further agrees to indemnify the Company against any claim brought by a Recipient, Payment Provider, Mobile Network Operator, Third-Party Provider, governmental authority or any other third party where such claim results from the User’s acts or omissions, the information supplied by the User, the User’s failure to comply with these Terms, or the User’s use of the Platform in violation of Applicable Law or the rights of any third party.
Where any claim, investigation or legal proceeding arises that may give rise to an indemnification obligation under this Section, the Company shall be entitled to conduct, control or participate in the defence or settlement of such matter in such manner as it reasonably considers appropriate. The User agrees to provide all information, documentation and assistance reasonably requested by the Company in connection with the investigation, defence or settlement of any such claim.
The indemnity contained in this Section shall apply regardless of whether the relevant claim is brought directly against the Company or against any of its affiliates, directors, officers, employees, contractors or authorised representatives, provided that the claim arises from circumstances for which the User is responsible under these Terms.
The obligations contained in this Section shall survive the completion, cancellation or termination of any Order, the termination of these Terms and the User’s cessation of access to or use of the Platform, to the extent permitted by Applicable Law.
Nothing in this Section shall require the User to indemnify the Company for any loss, liability or damage to the extent that it results directly from the Company’s fraud, fraudulent misrepresentation, gross negligence, wilful misconduct or any other liability that cannot be excluded or limited under Applicable Law.
PRIVACY & DATA PROTECTION
The Company is committed to protecting the privacy and personal data of its Users and processes personal information in accordance with Applicable Law, including, where applicable, the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the EU General Data Protection Regulation (EU GDPR) and any other applicable data protection and privacy legislation.
In order to provide the Services, process Orders, facilitate Transactions, comply with legal and regulatory obligations, prevent fraud, maintain the security of the Platform and improve the quality of the Services, the Company may collect, use, store, disclose and otherwise process personal data provided directly by the User or generated through the User’s use of the Platform. Such information may include identification details, contact information, transaction data, payment-related information, technical information relating to the User’s device and connection, and any other information reasonably necessary for the provision of the Services.
The User acknowledges and agrees that the Company may share personal data with carefully selected Third-Party Providers where such disclosure is necessary for the operation of the Platform, the processing of Transactions, the delivery of Products, payment processing, fraud prevention, identity verification, regulatory compliance, customer support, hosting, technical maintenance or other legitimate business purposes directly related to the provision of the Services. The Company requires such Third-Party Providers to process personal data only for authorised purposes and in accordance with applicable data protection legislation.
The Company implements appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access or any other form of unlawful processing. While the Company maintains reasonable security measures consistent with industry standards, no method of electronic transmission or storage can be guaranteed to be completely secure, and the Company cannot guarantee absolute security of information transmitted through the internet.
Personal data will be retained only for as long as necessary to fulfil the purposes for which it was collected, to comply with Applicable Law, satisfy accounting, regulatory and record-keeping requirements, resolve disputes, enforce these Terms or protect the Company’s legitimate interests. Following the expiration of the applicable retention period, personal data will be securely deleted, anonymised or otherwise disposed of in accordance with the Company’s internal policies and Applicable Law.
Where personal data is transferred outside the country in which it was collected, the Company will take appropriate measures to ensure that such transfers are carried out in accordance with Applicable Law and that an adequate level of protection is maintained for the transferred personal data.
Subject to Applicable Law, Users may have certain rights in relation to their personal data, including the right to request access to, correction or deletion of personal data, the right to request restriction of processing, the right to object to certain processing activities, the right to data portability and, where processing is based on consent, the right to withdraw such consent at any time without affecting the lawfulness of processing carried out prior to its withdrawal. The exercise of these rights may be subject to legal limitations and verification of the User’s identity.
Further information regarding the Company’s processing of personal data, including the categories of information collected, the legal bases for processing, data retention periods, international transfers and the exercise of data subject rights, is set out in the Company’s Privacy Policy and Cookies Policy, which form an integral part of these Terms and should be read together with this Agreement.
If the User has any questions regarding the processing of personal data or wishes to exercise any applicable privacy rights, the User may contact the Company using the contact details published on the Platform.
CHANGES TO THE SERVICES AND THESE TERMS
The Company continually develops and improves the Platform and the Services and therefore reserves the right to modify, update, enhance, suspend, restrict or discontinue any part of the Platform, the Services or any Product at any time where reasonably necessary for operational, technical, commercial, security, legal or regulatory reasons. Such changes may include the introduction of new functionality, the modification or withdrawal of existing Products, changes to supported countries, Mobile Network Operators, payment methods, currencies, transaction limits or any other aspect of the Services.
The Company may also amend these Terms from time to time to reflect changes in Applicable Law, regulatory requirements, industry standards, technological developments, business practices or the manner in which the Services are provided. The Company may further update these Terms where it considers such amendments necessary to improve clarity, enhance the user experience, address security concerns or protect the legitimate interests of the Company and its Users.
The most current version of these Terms will always be published on the Platform and will indicate the date on which it became effective. Users are encouraged to review these Terms periodically to ensure that they remain familiar with the rights and obligations applicable to their use of the Platform and the Services.
Unless otherwise required by Applicable Law or expressly stated by the Company, any amendments to these Terms shall become effective immediately upon publication on the Platform. Where Applicable Law requires prior notice or where the Company considers that a proposed amendment materially affects Users’ rights or obligations, the Company may provide advance notice by publishing a notice on the Platform, sending an email or using any other reasonable method of communication.
A User’s continued access to or use of the Platform or the Services after the effective date of any revised Terms constitutes acceptance of the amended Terms. If a User does not agree with any amendment, the User must immediately cease using the Platform and the Services.
No amendment, modification or waiver of these Terms shall be valid unless made by the Company in accordance with this Section. No failure or delay by the Company in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy or prevent the subsequent exercise of that or any other right or remedy available under Applicable Law.
SUSPENSION AND TERMINATION
The Company reserves the right, at its sole discretion and to the fullest extent permitted by Applicable Law, to suspend, restrict or terminate a User’s access to the Platform or the Services, in whole or in part, at any time and without prior notice where such action is reasonably necessary to protect the Company, its Users, Third-Party Providers or the integrity of the Platform.
Without limiting the foregoing, the Company may suspend or terminate access to the Platform where it reasonably believes that the User has breached these Terms, provided false, inaccurate or misleading information, attempted to use the Platform for any unlawful, fraudulent or unauthorised purpose, failed to comply with Applicable Law, engaged in activity that presents a security, regulatory or financial risk, or otherwise used the Platform in a manner that could adversely affect the Company, its business, its reputation or the provision of the Services.
The Company may also suspend the processing of any Order or temporarily restrict access to the Services while conducting security checks, fraud prevention procedures, identity verification, regulatory reviews or investigations into suspected unauthorised or unlawful activity. During such period, the Company may request additional information or documentation from the User. Failure to provide the requested information within a reasonable period may result in the rejection of the relevant Order or the permanent termination of the User’s access to the Platform.
The User may stop using the Platform and the Services at any time by ceasing to access the Platform. Where the User has submitted an Order that has already been accepted for processing, termination of the User’s access shall not affect the processing or completion of that Order, unless cancellation is permitted under these Terms or required by Applicable Law
The suspension or termination of access to the Platform shall not affect any rights, obligations or liabilities that have accrued prior to the effective date of such suspension or termination. Any payment obligations, indemnities, limitations of liability, intellectual property provisions, dispute resolution provisions and any other provisions which by their nature are intended to survive shall continue in full force and effect following the termination of these Terms or the User’s access to the Platform.
The Company shall not be liable for any loss, damage, cost or expense arising solely from the suspension, restriction or termination of access to the Platform or the Services where such action has been taken in accordance with these Terms, Applicable Law or the Company’s legitimate legal, regulatory, operational or security requirements.
GOVERNING LAW & JURISDICTION
These Terms, the User’s access to and use of the Platform, the Services and any Orders placed through the Platform, together with any dispute, claim, controversy or non-contractual obligation arising out of or in connection with them, shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.
The parties irrevocably agree that the courts of [Jurisdiction] shall have exclusive jurisdiction to hear and determine any dispute, claim or controversy arising out of or relating to these Terms, the Platform, the Services or any Transaction, including any question concerning their existence, validity, interpretation, performance, breach or termination, except where Applicable Law requires that such dispute be heard by another competent court or authority.
Before commencing formal legal proceedings, the User is encouraged to contact the Company using the contact details published on the Platform in order to allow the parties a reasonable opportunity to resolve the matter amicably. Nothing in this Section shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where such relief is necessary to protect its rights or legitimate interests.
If any provision of this Section, or any provision of these Terms, is determined by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed severed only to the extent necessary to make it valid and enforceable. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by such determination.
These Terms constitute the entire agreement between the Company and the User in relation to the use of the Platform and the Services and supersede all previous agreements, negotiations, discussions, representations, understandings and communications, whether oral or written, relating to their subject matter.
No failure or delay by the Company in exercising any right, power or remedy under these Terms shall operate as a waiver of that right, power or remedy, nor shall any single or partial exercise prevent any further exercise of that or any other right or remedy available under Applicable Law.
The rights and remedies provided under these Terms are cumulative and are in addition to any rights and remedies available under Applicable Law.
CONTACT INFORMATION
The Company is committed to providing timely and effective customer support and welcomes enquiries relating to the Platform, the Services, Orders, payments, refunds, technical issues, privacy matters and these Terms.
If you have any questions regarding the Platform or the Services, require assistance with an Order, wish to report a technical issue, submit a complaint, request a refund, exercise your rights under applicable data protection legislation or otherwise contact the Company, you may do so using the contact details published on the Platform or the details set out below.
Company: [Company Name]
Registered Address: [Registered Address]
Company Registration Number: [Company Number]
Email: [Support Email]
Telephone: [Telephone Number]
Website: topupmyphoneonline.com
The Company will use commercially reasonable efforts to acknowledge and respond to enquiries within a reasonable period. Response times may vary depending on the nature and complexity of the request, the information provided by the User and whether additional verification or documentation is required.
Where an enquiry relates to a specific Order or Transaction, the User should provide sufficient information to enable the Company to identify and investigate the matter efficiently. Such information may include the Order reference number, the Mobile Number, the date and approximate time of the Transaction, the Product purchased, the payment method used and any other information reasonably requested by the Company.
The Company may request additional information or documentation where reasonably necessary to verify the identity of the User, investigate a complaint, process a refund, comply with Applicable Law or fulfil its legal and regulatory obligations. Failure to provide the requested information may delay the Company’s ability to respond to or resolve the relevant enquiry.
Nothing in this Section limits the Company’s right to communicate with the User by email, through the Platform or by any other reasonable means in connection with the provision of the Services, the processing of Orders, security notifications, amendments to these Terms or compliance with Applicable Law.