The provision of services (including, prepaid mobile and/or data airtime ('Top-up') ('Services') to you through the website ontopup.com and any associated mobile applications, present or future (together, the 'Applications') is subject to your acceptance of these terms and conditions ('Agreement'). By using the Applications, you expressly agree to be bound by the Agreement.
Please read this Agreement carefully before accessing or using the Services and Applications. You should print a copy of this Agreement for future reference.
If you object to any of the terms and conditions of this Agreement or any subsequent modifications to them, or become dissatisfied with your use of the Applications or Services in any way, you may: a) discontinue your use of the Applications and/or Services; and b) terminate this Agreement and your virtual account ('Account') by notifying us in writing by email or otherwise (see contact information below). No other remedy, legal or otherwise, is available to you save for a) and b) mentioned above.
The Applications are operated, and the Services are provided by, Surestream Digital Ltd t/a On Top Up ('On Top Up', 'we' or 'us'). Surestream Digital is a company registered in England and Wales under number 09325114 with a registered office at St Stephens House, Arthur Road, Windsor, Berkshire, England, SL4 1RU, UK. All correspondence in relation to any On Top Up company should be sent to this address.
To use the Services, you may elect to register for an Account. You can do this by filling out the appropriate information on the registration screen on the relevant Application. Upon registration you will be given an Account. When registering you may supply personal information, including your email address or phone number and financial information. You may also choose a password.
All data you provide to us as a customer will be treated in accordance with our Privacy Notice.
You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.
You are entirely responsible for all activities which occur when using your email address, phone number and/or password ('Login Details') in relation to your Account, including unauthorised use of your Account or any payment method including debit or credit card. You must not disclose your password, whether directly or indirectly, to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details at Section 14 below if you become aware of any unauthorised use of your Login Details.
Login Details may only be used by a single user and are not transferable.
Please note that your Login Details may be used on all Applications. This Agreement will apply to the use of Services on any of the Applications.
If you are under 16 years of age, you represent to us that you have obtained a parent/guardian's consent and that your parent/guardian has reviewed and agreed to this Agreement prior to using the Applications. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorised to accept this Agreement on behalf of that employer, company or entity.
You agree to use the Applications and Services solely in accordance with the terms and conditions of this Agreement and to comply with applicable law and the provisions set out in this Section 5.
You may not use the Applications or Services: (i) in violation of any law, statue, rule or regulation; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral or indecent activities; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services shall only be provided to you by On Top Up in respect of the mobile phone operators and service providers available on the Applications (which are subject to change and availability).
You will be required to input certain information (e.g. a mobile phone number) in respect of the Services on the Applications. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-up, you will then be required to select the amount of Top-up that you wish to be delivered.
The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Applications before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional. In the case of Top-up, the cost will vary depending on the amount of Top-up that you wish to send according to the denominations displayed on the Applications. Where an exchange rate has been applied the actual amount that you are charged may vary as our payment processors’ FX rate may be slightly different at the time of settlement. You may also be charged a secure online processing fee in respect of any Service you purchase through the Applications. If you choose to send an optional SMS to the recipient of Top-up, an additional message fee for this may apply.
Services are provided by On Top Up via the relevant third party (e.g. mobile operator) upon successful payment by you. Occasionally, there may be a short delay before the relevant third party delivers the Service to the recipient. Where contact details have been provided, we will send you a confirmation email or SMS which contains details of the Services as soon as your transaction has been successfully completed. In the case of Top-up, you agree and understand that On Top Up only acts on your authorisation to send the Top-up and the relevant third party shall be solely liable to you and the recipient for the provision of the mobile services related to the Top-up. Once a Top-up is sent to the recipient, it can be used immediately and therefore it cannot be refunded or removed. To avoid Services being provided to the wrong phone or place, On Top Up asks you to confirm that the recipient details you have entered are correct.
You acknowledge that you will lose the right to cancel the Services once they have been fully performed by On Top Up. Accordingly, you will have no right to request a refund under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. Please note that the Applications limit the number and value of Services that can be purchased or received, including over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Applications may be applicable from time to time.
You shall ensure that all instructions provided to On Top Up through the Applications are accurate, complete and true. In particular, the mobile phone number to which any Top-up is to be credited must be correctly identified. You shall ensure that the instructions which are relayed back for confirmation are correct, accurate and true. All confirmed instructions are final and binding upon you. On Top Up and/or its service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such inaccurate information prior to final confirmation.
You may purchase the Services using Visa, MasterCard or any other payment methods available on the Applications from time to time. Any credit card, debit card or other payment method which may be used on the Applications must have a valid billing address and valid issuing bank or other payment services provider.
Upon receipt of a proper and complete request from you for Services, On Top Up will charge the payment method provided by you and will forward an electronic request to the relevant third party provider (e.g. mobile operator) to provide the Services in the amount transferred, for the benefit of the recipient nominated by you.
You authorize us to act upon any instruction to charge the payment method provided by you through the Applications which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Applications. We is not required to undertake any additional authentication or identity verification measures other than those required by applicable law or as we deem appropriate and sufficient to protect the security and maintain the proper use of the Applications. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.
On Top Up shall accept liability for the non-execution or defective execution of Services purchased through the Applications, subject to your adherence with this Agreement, the proper use of the Applications as instructed by us, and the absence of any misrepresentation, fraud or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services.
From time to time, On Top Up or partner mobile operators will run promotions on the Applications. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Applications. On Top Up is not responsible for promotions run by partner mobile operators and you must make your own inquiries with the relevant mobile operator directly before availing of, and relying on the terms and conditions of, any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you.
The equipment and devices necessary to access the Applications shall be provided and be maintained by you solely at your expense. If you access the Applications through a mobile device you may be charged by your mobile service provider for internet access on your device.
We reserve the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the Applications.
You acknowledge that compliance with this Agreement is designed to minimize the risk of unauthorised use of the Applications and harm to you, On Top Up or others, and therefore you are required to strictly adhere to the terms and conditions of this Agreement. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages, to On Top Up or any third party as a result of your failure to adhere to this Agreement.
Some of the Services which may be offered for sale, through the Applications or through other services that On Top Up may offer you, may be submitted, created, provided or developed by third parties.
On Top Up will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. You must make your own inquiries 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 Applications.
This Agreement applies to every Service you purchase through the Applications.
We may terminate this Agreement, disable your Account and withdraw the use of the Applications and/or the Services provided through it:
(i) upon reasonable prior notice to you;
(ii) immediately upon breach by you of this Agreement or where we reasonably believe you are in breach of this Agreement;
(iii) immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. We reserve the right to commence debt collection actions within the bounds of the law under these conditions;
(iv) immediately if we reasonably believe that you have used the Applications and/or Services (a) in violation of any law, rule, statute or regulation; or (b) in connection with, or in any manner that encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by us from time to time.
This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate or cancel the Agreement at any time without reason by giving us written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.
We reserve the right, acting reasonably, to refuse to process or cancel any transactions following termination of this Agreement or 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.
Where you send us any feedback, suggestions, ideas or other materials in relation to or via the Applications or the Services provided, you agree that we can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction, subject to our obligations as provided under the Privacy Notice.
We reserve the right to modify, amend or vary this Agreement for commercial or legal purposes. Any such variation shall become effective and shall be binding upon you fourteen (14) days after notice of such variation has been sent to you by any of the following means: through the post; email; or by posting a message on the Applications. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement by notifying us in writing but without prejudice to any rights or obligations which have arisen prior to the termination date, including liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen prior to the termination date.
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 through the post or by email.
With your permission, we may from time to time contact you to keep you up to date about our Services including new products, campaigns and promotions. For further information please review our Privacy Notice.
Access to and use of the Applications is at your own risk and we do not represent or warrant that the use of the Applications or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.
Some pages on the Applications may link to websites or applications not created or maintained by On Top Up. You are hereby adequately notified and forewarned that when entering other websites or applications via such links, the terms and conditions, benefits, and privacy protections afforded by our Applications will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or applications. We are not liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.
For the purposes of this Agreement 'Intellectual Property Rights' means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
You may only download, use, view and display the Applications (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Applications are owned by On Top Up or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Applications (including any graphics or trade marks) in any form is prohibited without On Top Up’s prior consent, other than that which you are authorised by On Top Up to print or download for personal, non-commercial use.
We own all Intellectual Property Rights that exist in the words 'On Top Up' and in any accompanying logo. On Top Up also owns all Intellectual Property Rights in the domain names ontopup.com and its subsidiary sites. On Top Up takes cyber-squatting very seriously. Please notify any suspected incidents to firstname.lastname@example.org.
In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Applications or 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 Applications or your Account for such reasonable period as may be required to remedy, address or resolve the issue. We may also suspend access to the Applications and/or your Account and/or Services as required for maintenance (whether emergency or planned) or upgrade work. Without prejudice to our rights at Section 11 above, you further agree and acknowledge that your access to the Applications and/or your Account and/or Services may be immediately suspended where we reasonably believes that you have used the Applications and/or Services (a) in violation of any law, rule, statute, or regulation; or (b) in connection with, or in any manner than encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by us from time to time. In the event of such suspension, we may reinstate access to your Account and recommence providing Services to you at its sole discretion.
We shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, 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 On Top Up’s control.
You agree, acknowledge and 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. As a consequence, we cannot guarantee the privacy or confidentiality of communications via such media although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communications.
From time to time it may be necessary to or desirable for security reasons, maintenance (whether emergency or planned), upgrades or other reasons to:
while using reasonable endeavours to minimise any inconvenience caused.
You acknowledge and agree that these events may occur and that On Top Up bears no liability when such events occur. Where we change authentication procedures for accessing the Applications or the Services therein, notwithstanding any other terms of this Agreement, we may introduce these procedures by giving instructions to you via the Applications in respect of which such procedures are being introduced.
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.
On Top Up bears no responsibility for use of the Applications and/or Services in connection with any unauthorised, illegal, fraudulent, offensive, violent, immoral or indecent activity. Save as set out at Section 8 above, On Top Up, its directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Applications or the Services. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.
No damages other than compensatory damages, strictly limited to the amount of Top-up or other value paid in relation to Services provided through the Applications, where fault lies solely with us, shall be incurred by us. No right of indemnity exists for you against us.
Furthermore, we will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the terms and conditions contained and referenced herein or on other related and linked independently operated websites by third parties.
You agree and acknowledge that the Applications and the Services and content provided through them are provided 'as is'. To the fullest extent permitted by law, we make no warranties in relation to the use and availability of the Applications or the Services provided through them.
This Agreement, the Applications and the provision of Services will be governed by the laws of England and Wales. If any claim or dispute arises from, out of or in connection with this Agreement and/or your use of the Applications or any Services, you agree that the courts of England and Wales will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable legislation.
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 of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Any waiver 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 operate as a waiver of any breach or default by you.