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MyTopups.com Terms and Conditions
THE SERVICE
DIMIT LTD has developed a service (hereinafter referred to as “MyTopups.com”),
through which a Customer may choose amongst various options to top-up his/her
prepaid account. MyTopups.com consists of methods of payment whereby a Customer
can choose to have his/her prepaid account topped-up using the Customer’s
authorized credit/debit card. By registering for and using MyTopups.com, the
Customer agrees to the following terms and conditions:
ACCEPTANCE OF AGREEMENT BY USE/ ACTIVATION
BY CLICKING THE "I ACCEPT THE AGREEMENT / SUBMIT" BUTTON YOU WARRANT AND
CONFIRM THAT YOU ARE ELIGIBLE AND HAVE THE AUTHORITY TO AGREE TO THE TERMS OF
THIS AGREEMENT.
SELECTING THE "I ACCEPT THE AGREEMENT / SUBMIT" BUTTON AT THE BOTTOM OF THIS
SCREEN WILL BE DEEMED TO BE YOUR ACCEPTANCE OF THE FOLLOWING TERMS.
USING THE SERVICES OF MYTOPUPS.COM WILL ALSO BE DEEMED TO BE YOUR ACCEPTANCE OF
THE FOLLOWING TERMS.
- 1.DEFINITIONS
For the purposes of these terms and conditions:
- 1.1 “Customer” means a person who is registered as a user with DIMIT LTD on the
MyTopups.com website (www.mytopups.com) (hereinafter referred to as the
“Website”). Customer also means the person who is legally authorized to charge a
credit/debit card which is debited via the Website to effect the payment to
DIMIT LTD in relation to the MyTopups.com option chosen by the Customer;
- 1.2 “Credit/debit card” means any of the following; Visa (credit card),
Mastercard (credit card), Visa (debit card),Mastercard (dedit card);
- 1.3 “MyTopups” means the MyTopups.com option chosen by the Customer, in relation
to which the Customer accepts to be debited by DIMIT LTD as per the parameters
set out in the option itself.
- 1.4 “Successful Registration” means either a registration for MyTopups via an
online registration which is subsequently accepted and approved by DIMIT LTD and
so notified to the Customer.
- 1.5 “System” means a method whereby payments are authorized via a public mobile
telecommunications network and internet systems and in virtue of which a
Customer is enabled to top-up his/her prepaid account through his/her
‘MyTopups.com’ account via the internet or SMS.
- 1.6 “Dimit” means Dimit Limited as duly registered in Belize.
- 1.7 "Website" or "Site" means any and all elements and contents of the Website
available, amongst other URLs, under the URL mytopups.com
- 2.DIMIT LTD’S RIGHTS AND OBLIGATIONS
DIMIT LTD undertakes to:
- a.DIMIT LTD may terminate Customer’s Successful Registration for MyTopups.com by
sending an email notification to the registered email address in the
‘MyTopups.com’ account, for any reason, including but not limited to the misuse,
abuse, fraudulent, negligent, erroneous or irresponsible use of MyTopups.com by
the Customer.
- b.Disclaim insofar as legally possible responsibility for any loss or damage of
the ereceipt or any other correspondence sent to the Customer in relation to
MyTopups.com and sending it by post to the Customer on the postal address
provided by the Customer himself/herself upon registration with MyTopups.com or
via the duly filled in network registration form.
- c.Provide the Customer with a secure system which enables the Customer to have
his/her credit/debit card charged by amounts so authorized by the Customer and
receive the relative value (inclusive of any GST and other applicable taxes)
from his/her prepaid carrier via the System;
- d.Guarantee the security of the System as far as within its control;
- e.Take all reasonable steps and precautions to encrypt any information stored
within its online systems provided at the point of its transmission to Dimit
Ltd;
- f.Once a Customer has obtained a Successful Registration for MyTopups.com, Dimit
Ltd reserves the right to claim dues for actual top-ups even if a Customer
claims a chargeback. Dimit further reserves the right to stop use of MyTopup.com
in such cases where it becomes clear that the Customer is fraudulently making
use of the service.
- g.Only accept topups by Customers up to Bh.In the event that the Customer’s debit/credit card is debited with the amount
and Customer’s prepaid account is not credited with the value in question, Dimit
Ltd binds itself to reverse the charge,upon having carried out the necessary
verifications.
- i.Upon termination, DIMIT LTD shall not be obligated to issue a refund for any
unused portion of credits that was purchased through the system.
- j.Reserves the right to modify and/or terminate MyTopups.com and/or its
applicable terms and conditions by giving immediate notice to the public via its
Website.
- k.MyTopups.com is provided on an "as is," “as available” and "with all faults"
basis, and without warranties of any kind, either express or implied, including,
but not limited to, warranties of title, merchantability, non-infringement, or
fitness for a particular purpose which are expressly disclaimed. Customer
assumes all responsibility and risk for use of MyTopups.com. DIMIT LTD does not
authorize anyone to make a warranty of any kind on its behalf and Customer
should not rely on any such statement. Neither DIMIT LTD nor its officers,
directors, employees, agents, dealers, suppliers, parents, subsidiaries or
affiliates warrant that the information, products, processes, and/or services
available through MyTopups.com will be uninterrupted, always available,
accurate, complete, useful, functional or error free.
be uninterrupted, always available,
accurate, complete, useful, functional or error free.
- 3.CUSTOMER’S RIGHTS AND OBLIGATIONS
- 3.1 The Customer acknowledges that MyTopups.com is a service provided by Dimit
Ltd for ease of topping up for Customers and shall only be made use of by
Customers once they would have performed a Successful Registration for the
Service;
- 3.2The Customer acknowledges further that in order to make use of MyTopups.com
the Customer shall:
- a.Apply for MyTopups through MyTopups.com on the Website.
- b.DIMIT LTD shall notify the Customer of Successful Registration via SMS/Email.
- c.Input in the System provided to him/her by DIMIT LTD, any information as may
be requested by DIMIT LTD in respect of personal and/or credit/debit card
details.
- d.Input into the System ONLY credit/debit card details which Customer is legally
authorized to use. In default of which, Customer would be deemed to be abusing
of MyTopups and be in breach of these terms and conditions;
- e.To honour all withdrawals originating and incurred through his/her usage of
MyTopups and debiting of his/her debit/credit card, details of which would have
been previously inputted in the System;
- f.Indemnify and hold harmless DIMIT LTD for any losses suffered by DIMIT LTD in
the event that Customer is in material breach of any one or several of the terms
and conditions contained herein;
- g.Not transfer any rights and/or obligations under these terms and conditions to
any third party;
- h.Customer shall only be allowed to change his/her debit/credit card details up
to a maximum of 3 times per calendar month.
- i.To notify DIMIT LTD immediately in writing of any changes to Customer’s
personal details, including email and postal address, as given to DIMIT LTD on
registering with ‘MyTopups.com’
- 3.3 Customer understands and accepts that he/she is hereby accepting
responsibility for all requests for MyTopups which originates from Customer’s
Mobile Number through his/her prepaid account and which are transacted through
the System, and that all requests and ensuing transactions shall be due and
payable by Customer to DIMIT LTD.
- 3.4 The Customer shall be responsible for all correspondence or dealings with,
or participation in promotions of, advertisers on the Site, which are solely
between the Customer and such advertisers.
- 3.5 The Customer shall be responsible for all correspondence or dealings with,
or participation in promotions of, advertisers on the Site, which are solely
between the Customer and such advertisers.
- 3.6 Customer shall be fully responsible for safeguarding and maintaining the
confidentiality of his/her selected User ID and Password, and shall be fully
responsible and accountable for any unlawful use of MyTopups.com by means of
Customer's User ID or Password by any person. Customer is also responsible and
liable for all activities conducted through Customer's 3.7 All transactions conducted on or via the Website are final. DIMIT LTD shall
not be liable or responsible for any loss or damage of any sort incurred as a
result of any error in any amount charged or paid via MyTopups.com
- 3.8 Customer may terminate MyTopups by notifying DIMIT LTD in writing. Customer
acknowledges and accepts that unless and until such termination notice is duly
acknowledged by DIMIT LTD, the Customer will still be deemed to be bound by all
the terms and conditions of the Successful Registration towards DIMIT LTD.
- 4.SELECTION OF SERVICE AND CHARGES
- 4.1.MyTopups.com shall be used by the Customer once the Successful Registration
has occurred.
- 4.2.MyTopups.com is currently free of charge. Provided that DIMIT LTD reserves
the right to introduce a tariff/charge for such service in the future. Provided
further that should such tariff/charge be introduced, DIMIT LTD binds itself to
inform all MyTopup Customers of the introduction of such tariff/charge in
advance.
- 4.3.All transactions made via the System will be charged to the Customer in USD
(US Dollar currency) or the currency of billing of the credit/debit card’s
issuing bank.
- 4.4.Customer may disable MyTopups at any point in time.
- 5.APPLICABLE LAW
These terms and conditions are governed by Belize Law, and the Parties hereby
submit themselves to the exclusive jurisdiction of the Belize Courts.
- 6.DATA PROTECTION
- 7.1.All information provided by the Customer shall be used strictly in
accordance with Data Protection laws and regulations and only in so far as is
necessary for the provision of MyTopups.com or such other service provided by
DIMIT LTD to the Customer. lations and onl7.2.DIMIT LTD binds itself to securely discard all information that becomes
superfluous or no longer necessary for retention purposes.
- 7.ABUSE OF SERVICE
Customer hereby understands and accepts that the misuse, abuse, unauthorized or
fraudulent use of credit/debit cards in connection with MyTopups.com is a
criminal offence which is punishable at law, and that DIMIT LTD reserves the
right to immediately report such matters to the Police for further action to be
taken thereon. This is without prejudice to all other applicable remedies at law
or in virtue of these terms and conditions including the termination of the
MyTopups service once there is reasonable suspicion of such fraudulent abuse to
the System.
- 8.SEVERABILITY
If any part of these terms and conditions shall be found by any court or
arbitration panel of competent jurisdiction to be invalid or unenforceable the
invalidity or unenforceability of such clauses shall not affect the other
clauses of these terms and conditions and all clauses not affected by such
invalidity or unenforceability shall remain in full force and effect. DIMIT LTD
hereby undertakes to attempt to substitute for any invalid or unenforceable
clause a valid or enforceable clause, which achieves to the greatest extent
possible the economic, legal and commercial objectives of the invalid or
unenforceable clause. clause, which achieves to the greatest extent
possible the economic, legal and commercial objectives of the invalid or
unenforceable clause.
Terms and Conditions as at 1st April, 2010 v.1
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