Terms and Conditions - Top Up

MOBILE AIRTIME TOP-UP

 

 

1. THE SERVICE TERMS 

These terms and conditions govern the provision of mobile top-up services (“Services” or “Top-Up Service”) via the Digicel International website and mobile application (the website and mobile application hereinafter jointly referred to as the “Application”) by Prism Services Holdings Limited, with registered office located at 20 Micoud Street, Castries, St. Lucia, a wholly owned subsidiary of the Digicel Group and duly licensed to use the Digicel Brand (hereinafter referred to as “we”, “us”, “Digicel”) .

By using the Services you acknowledge and agree that you have read the terms and conditions of the Application as well as the Terms and Conditions hereunder (the “Terms”), understood these Terms, and expressly agree to be bound by this Terms.

The following documents and terms are incorporated into this Agreement and form a part of these Terms:

• the terms and conditions of the Application
• our Privacy Policy 
• any disclosures, limitations or other information provided with, or printed on any materials or posted on the Application, associated with the Services.

If you object to any of the terms of this service agreement or subsequent modifications, you reserve the right to discontinue your use of the Application. No other remedy, legal or otherwise, is available to you.

2. HOW TO ACCESS AND USE THE SERVICES

For you to access the Services, you must register for a Digicel International account and login to your account. Any information you provide to us in our Application to access the Services shall be used in accordance with our Privacy Policy.

You are responsible for all activities conducted through our Application from your devices where your login credentials have been used unless you have reported to us that your credentials have been compromised and instructed us to block your account.

3. THE SERVICES 

Through our Application you will be able to top-up mobile phones around the world. The Top-Up Service available on or Application is being provided by Ezetop Unlimited Company t/a Ding (“Merchant”).

Digicel and Merchant may be collectively referred to as “we” “us” “our”.

Please be aware that the availability of the Service may change from time to time at our discretion.

We reserve the right to update, revise, amend or unilaterally change the terms of this Agreement or the information in the Application at any time without notice. When changes are made we will update the Terms. It is the responsibility of the user to check the Application periodically for changes to the Agreement. Your continued use of the Services and Application following the notification of any modification to the Terms, constitutes acceptance of those changes.

4. TOP UP TERMS & CONDITIONS

The Top-Up Service may not be available in certain jurisdictions. We may limit the number of Top-Ups and/or the value of Top-Ups over specific time periods. You will be automatically notified through the Application when these limits are reached or should you attempt to effect Top-Ups in excess of the limits. Other limits and exclusions may apply to the way which you can use this Application from time to time and you will be notified of these through your use of the Application.

 

You shall ensure that all instructions given by you to us through the Application are accurate and complete, and that, where appropriate, you correctly identify the mobile phone account to which any amount is to be credited or debited. In particular, prior to confirming any instruction to us, you shall ensure that the instruction which is relayed back to you confirming the instruction that you send through the Application is the instruction which you intend to give. We are entitled to rely on any instruction from you using and, for the avoidance of doubt, the processing by us of any such confirmed instruction shall be final and binding on you.

 

You shall carefully examine any Top-Up information received by you, or any other information provided by us to you through the Application from time to time and shall report any errors or omissions to us in writing within 30 days from the date of dispatch of such statements or receipt of such information. In the event that no error or omission is reported by you within the time specified, we shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent us or you subsequently adjusting information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof.

 

Top-Ups are purely for use domestically within the relevant listed jurisdictions (available on the Application, and subject to change) and not for roaming.

 

You undertake to us to comply strictly with this Agreement. You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorised use of the Application. You agree to indemnify us in full in respect of any loss or damages which may arise to us, you or any third party as a consequence of your non-compliance with this Agreement.

 

Top-Up is sent instantly to the appropriate mobile phone number upon payment by you. Once the Top-Up is sent to a mobile phone number, it can be used immediately therefore it cannot be refunded or removed from the phone. As refunds are not possible, we ask you to always confirm that the mobile phone number you have entered is correct.

 

TRANSACTIONS. You authorise us to act upon your instruction to debit your payment method received through the Application which has been transmitted using the authentication process which we require to be used in connection with the Application without requiring us to make any further authentication or enquiry, and all such debits shall constitute your liability.

 

Upon receipt of a proper and complete request from you for a Top-Up we will debit your payment method and will forward an electronic request to the relevant mobile network operator to provide a credit of the amount of Top-Up transferred for the benefit of the pre-paid mobile phone number nominated by you. The mobile network operator shall be solely liable to you in respect of the provision of the mobile services to which the Top-Up applies.

 

Subject to your compliance with the Agreement and provided you have not acted fraudulently or in a negligent manner, we shall accept liability for the non-execution or defective execution of a Top-Up effected through the Application  but such liability shall be limited to the amount of the unexecuted or defectively executed Top-Up.

 

Information about some of the products and services on this Application may be subject to additional legal notices and warnings, identified as such. These notices and warnings are important and are for the protection of both you and us. Please take the time to carefully read all legal notices and warnings on the pages of this Application.

 

The third party products, services and information will not be provided or endorsed by us and your legal relationship will be with the third party supplier when purchasing such services or goods.

 

Where you purchase Top-up using a Diners or Discover credit card or make a USD currency purchase using a Visa or MasterCard credit card which was issued in the United States, your payment will be processed by Ezetop Online Services LLC (registered in the U.S. State of Delaware). All correspondence in relation to any Ezetop company should be sent to 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland or to partnersupport@ding.com.

 

Please note that certain issuing banks may charge an additional fee for processing payments for Top-Up transactions. These additional fees are not set or applied by Digicel or Ezetop and you are solely responsible for the payment of such fees. You may check with your bank to determine what if any fees are applicable to this transaction.

 

We will not check the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services referred to on the Application.

 

TERMINATION. We may terminate the Agreement and withdraw the Application and the Services provided through it:

 

• on giving you notice;
• immediately upon breach by you of any of the Terms or where there are serious grounds for doing so and provided you are informed by notice as soon as is reasonably possible after termination;
• immediately upon your bankruptcy or other contractual incapacity;
• if we reasonably believe that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.

 

We reserve the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

 

YOUR CONTRIBUTION. When you send us any feedback, suggestions, ideas or other materials in relation to or via our site or the services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Policy.

 

 

NOTICES. Save where expressly provided, any notice required to be given by you to us in connection with the subject matter of this Agreement shall be given in writing and sent through the post addressed to Digicel (Jamaica) Ltd., 14 Ocean Boulevard, Kingston, Jamaica.

 

Save where expressly provided, any notice required to be given by us to you in connection with the subject matter of this Agreement may be given by any of the following means:

• the post,
• the Application, or
• Email.

 

USE OF INFORMATION AND CONFIDENTIALITY. Subject to the terms of the Digicel Privacy Policy, and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by a financial regulator or other competent statutory or regulatory authority, we shall ensure that all your confidential personal data held by us in relation to this Agreement shall only be accessible to us, our agents or a company controlled by us and shall be processed or used by us for purposes and in a way compatible with the discharge of our obligation to you under the Agreement.

 

You shall ensure that all information obtained from us by you relating to our operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by you in strictest confidence and shall not be disclosed by you to any third party unless it is already in the public domain.

 

INTELLECTUAL PROPERTY. The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in us or its licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.

 

Save where otherwise specified, the Intellectual Property Rights and contents of all the Application are owned by us or its licensors.

 

DATA PROTECTION. We will comply with our obligations under applicable data protection laws as regards relevant data in our possession relating to you and shall make available for inspection by you any information held by us about you in accordance with those laws. The Privacy Policy published on the Application from time to time shall apply to the use of personal data relating to you and shall form part of this Agreement.

 

TEMPORARY WITHDRAWAL OF SERVICE. In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with the Application and the Services, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Application for such reasonable period as may be required to remedy, address or resolve the system issue.

 

FORCE MAJEURE. We shall not be in breach of our obligations under this Agreement if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.

 

SECURITY, MAINTENANCE AND AVAILABILITY. You accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly. In consequence we cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.

 

From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:

 

• make certain or all of the Services unavailable to you; and/or
• delay implementation of any new Services; and/or
• withdraw, replace or reissue Passwords; and/or
• change authentication procedures or processes for accessing the Application or the Services

 

AGENCY. You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not subcontract or assign any of your rights or obligations under this Agreement.

 

GOVERNING LAW. This Service will be governed by the laws of Jamaica. When you use the Application for this Top-Up Service, you accept that your use of the Application and any information on the Application in respect of the Top-Up Service, will also be governed by the laws of Jamaica and if any claim or dispute arises from your use of the Application or any of the information on it in respect of the Top-Up Service, you agree that the Jamaican courts will have exclusive jurisdiction over all such claims or disputes.

 

All relations established by us with you prior to this Agreement being entered into, and this Agreement, are governed by and will be construed with the laws of Jamaica, and the courts of Jamaica shall have exclusive jurisdiction to resolve any disputes in connection with them.

 

SEVERABILITY. If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

 

WAIVER. Any waiver by us of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege that we have or may have, operate as a waiver of any breach or default by you.

 

LANGUAGE. The Agreement and all other documentation which will be provide by us to communicate with you throughout the duration of the Agreement will be prepared in the English language, and all communications between us and you will also be conducted in the English language.