Terms & Conditions

 

 

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.

 

 

INTERNATIONAL BILL PAYMENT

 

1. THE SERVICE TERMS 

These terms and conditions govern the provision of bill payment services (“Services”) 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 Applications to access the Services shall be used in accordance with our Privacy Policy, which can be found at here.

You are responsible for all activities conducted through our Applications 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 the Application you will be able to pay bills (“Bill Payment”) to any billers that have contracted with Paymaster (Jamaica) Limited (“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 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 Terms periodically for changes to the Agreement. Your continued use of the Services following the notification of any modification to the Terms, constitutes acceptance of those changes.

4. BILL PAY – TERMS AND CONDITIONS

 

DEFINITIONS. The following terms have the following meanings:

 

“Account Information” is the information maintained online by third parties provided in connection with creation or administration of an account on the third party website, including names, usernames, phone numbers, email addresses, and billing information associated with the account.

 

“Beneficiary” is a person who is designated by the Sender at the time of the Transaction and on whose behalf the Sender is paying a bill issued by a Biller.

 

“Biller” is a utility or other entity located in Jamaica that has issued a Billing Statement to a Beneficiary for certain goods or services and that receives the payment made by the Sender through Bill Pay Services.

 

“Billing Statement” is the statement or invoice sent by the Biller to the Beneficiary indicating, among other things, how much the Beneficiary owes and when payment is due.

 

“Funding Account” the payment instrument designated in the Application as the method by which fees are to be paid.

 

“Payout Amount” is the amount paid to the Biller through the Services.

 

“Sender” is a consumer who uses the Service to pay a bill issued by a Biller on behalf of a Beneficiary.

 

“Service Fee” is the fee charged by Digicel and or Merchant to each Sender to initiate and process a Transaction.

 

“Service Processors” are the third party processors and aggregators that Merchant contracts with to process a Transaction and make payment to the Billers.

 

 “Transaction” is a specific instruction from a Sender to pay a Billing Statement issued by a Biller on behalf of a Beneficiary through the Service.

 

“Transaction Amount” is the amount that the Sender pays to Merchant to initiate and process a Transaction and includes the amount of the Billing Statement to be paid and any applicable Service Fee.

 

“Unauthorized Transaction” is a transaction done with the permission of the Sender

1. GENERAL TERMS OF USE. We recommend that you use the Service only to pay bills for, people you know personally, such as family and friends. You should never use the Service to send requests or money to strangers.

 

Use of these Services may be available through a compatible mobile device, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

 

Use of our Application is free, however, any device you may use to access our Application is your sole responsibility and if you access the service through a mobile device, your wireless service carrier or mobile network operator's standard charges, data rates and other fees may apply which you are solely responsible for.

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 agree that you will not:

• • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Paymaster’s express written consent, which may be withheld in Paymaster’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
  • Attempt to gain an unauthorized access to any portion of the Services.

You acknowledge that compliance with these Terms is designed to minimise the risk of unauthorised use of the Application and harm to you, us or others, and therefore you are required to strictly adhere to these Terms. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages to us or any third party as a result of your failure to adhere to these Terms.

 

2. ACCESS LIMITATIONS AND RESTRICTIONS. Access to the Application or Service may be limited, delayed or unavailable during periods of peak demand, market volatility, system upgrades or maintenance, communication system problems, or circumstances beyond our reasonable control. In addition, the Services and the transfer of funds may be delayed or unavailable based on certain Transaction conditions.

 

We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred for any reason without prior notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) with or without notice. The use of the Service to send funds to individuals or entities other than Billers is prohibited. If discovers you are using the Service to purchase goods or pay for services other than payments made to Billers as specifically provided for by these terms, we may cancel your Transaction. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. You must be at least 18 years old to use the Service as a Sender.

 

3. ACCOUNT AND PERSONAL INFORMATION

Account Information. In order to use the Services, you will need to provide us with your Account Information with Billers and any information necessary for us to access your accounts with such Billers.

Personal Information and Privacy. You provide your name, email address and phone number to us to use the Services. From time to time, we may request information from you for the purpose of supplying Services to you. You may provide us personal information about the Beneficiary of a Service you use and you confirm that you are authorized to provide that information to us. You may provide us with other information related to your use of our Services and how to contact you so we can provide you customer support.

 

You agree and confirm that the personal information that you provide to us shall be accurate, current and complete in all respects. You give us permission to verify all information you provide, including your email address and credit or debit card information. By providing us with the above information, you give us permission to store and process such information in connection with providing the service. We reserve the right to suspend or terminate your Services if any information provided to us proves to be inaccurate, not current or incomplete.

 

By using the Service you acknowledge that we may use, share and/or disclose your information with our affiliates and to select third parties for general, operational and administrative purposes. We use and share all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services. You share your information as you use and communicate through our Services, and we share this information with our affiliates and certain third parties to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you. You should also note that our communications with you, including phone conversations and emails, may be monitored and recorded by us for quality assurance or for legal, regulatory or training purposes. We may contact you during and after the term of your relationship with us in order to administer, evaluate and maintain any Service.

 

Privacy Statement. Any personal data collected shall be subject to the terms of our Privacy Policy

 

4. PAYMENT. There may be charges for certain transactions and services when you elect to use the Services. You agree to pay any costs including fees and applicable taxes for the Services.

 

By initiating a payment through the Service, you authorize us to charge the Funding Account. You agree to maintain a balance or available credit limit in the specified Funding Account that is sufficient to fund all payments you initiate.

 

You represent and warrant that you have the right to authorize us to charge the Funding Account for payments you initiate using the Service. You will indemnify and hold us harmless from any claims by any third party, including any other owner of the account related to our access to the Funding Account. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email/physical address or telephone number of the Beneficiary, the Biller and the amount of the transaction.

 

You represent and warrant that we may send communication to the Beneficiary on your behalf in connection with the Services. By using the Services, you represent and warrant that you and each person you identify have consented to receive ongoing communication, including text messages from us.

Notwithstanding any clause to the contrary, payments once made are irrevocable, and you will lose your right to ask for a refund where we have processed your instructions in accordance to information you have provided to us. We are not liable for errors you may make including but not limited to the selection of the wrong bill, selection of wrong Biller, providing wrong information including the amount, mobile phone numbers etc.

Should our Billers authorize any refunds to your account, such refund shall be processed in accordance with the Merchant’s refunds policy.

 

Your Liability. We shall not incur any liability if we are unable to process a Transaction initiated by you because of the existence of any of the below listed circumstances. You are solely liable for errors you make in using the Services, including the following:

• you direct us to submit a payment to a Biller from the wrong Funding Account;
• you erroneously direct us to submit a payment to a Biller multiple times;
• you direct us to submit the wrong amount to a Biller;
• you direct us to submit a payment to the wrong Biller;
• you have not provided us with all necessary information required to process the Transaction;
• your Funding Account does not contain sufficient funds to complete the Transaction or the Transaction would exceed the credit limit or overdraft protection of your Funding Account;
• the Funding Account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution;
• you have provided us with any other incorrect information about the Biller or Beneficiary;
• due to any pre-announced unavailability of the Services; or
• you change your mind about making a payment to a Biller after directing us to submit the payment.

 

You are responsible for all fees, fines, penalties, and other liability incurred by us, a Biller, you or a third party caused by or arising out of your breach of these Terms and/or your use of the Services. You agree to reimburse us, a Biller or the applicable third party for any and all such liability. In the event that you are liable for any amounts owed to us for a payment you authorized through the Services, we may immediately remove such amounts from or charge such amounts to your applicable Funding Account.

 

We will not be responsible for the loss, theft or unauthorized use of the Payout Amount once it has been delivered to or deposited with the applicable Service Processor or posted by the applicable Biller, whichever occurs first. We will make reasonable efforts to ensure that Transactions are processed in a timely manner but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control.

 

We will use commercially reasonable efforts to facilitate the payment of your bills in accordance with this Agreement. However, we shall not incur any liability, for any of the following:

• the payment is rejected, returned, mishandled, or delayed by the Biller for any reason;
• due to fraud or attacks on our systems, Applications or the Services;
• due to third party service providers;
• any of the circumstances listed in Section 3 of this Agreement; or
• any circumstance beyond our control, including but not limited to, fire, flood or interference from an outside force that prevents the proper execution of a Transaction.

You acknowledge that some transactions may take longer to be credited to your account with the applicable Biller due to circumstances beyond our control, such as delays in handling and posting payments by Billers or financial institutions or errors with Account Information or funding instructions.

 

When you send a payment to certain Billers, the payment may be treated as an authorization to the Biller to process your payment and complete the transaction. Some Billers may delay processing your payment, in which case the payment may be held as pending until the Biller processes your payment and your payment authorization will remain valid for up to 30 days. To help ensure that there is enough time for the applicable Biller to receive any payments you submit through the Services, you should submit payment instructions at least 6 business days prior to the due date for the applicable bill for most electronic payments. Please add additional business days if we issue a paper check to the Biller on your behalf. If the due date falls on a weekend or holiday, you must submit the payment sufficiently in advance to include an additional day for processing. It is solely your responsibility to submit payments so they arrive by the Biller's due date. We do not accept responsibility for any late payment related charges applied by the Biller upon the Beneficiary or Sender. If you do not submit a Transaction with sufficient time to complete a payment, you alone are responsible for any penalties or late charges on that payment.

 

You must notify us immediately (no later than 60 days after the date of unauthorized transaction) if you suspect or believe that a transaction has occurred through the Services that you did not authorize or that you believe an incorrect amount was authorized. If you initially provide information to us via the telephone, we require that you send your complaint or question in writing. You will be asked and are required to provide us with the following information: your name; the email address registered for the Services account; a description (including dollar amount) of the transaction that you believe is unauthorized or in error; a Paymaster reference/transaction ID; and explanation to why you believe there was unauthorized transaction or error.

 

If we decide that there was no error, we will send you an explanation. For unauthorized transactions and errors with respect to your credit card or debit card that are not related to the Services, please see your applicable card holder agreement.

 

In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the Services. If we believe there is suspicious or unusual activity, we may suspend your access to the Services. Suspicious or unusual activity includes, but is not limited to changes in your average transaction amount or processing pattern or use of different payment accounts. Paymaster may require additional documentation to reinstate your access to the Services.

 

5. SECURITY, MAINTENANCE AND AVAILABILITY. 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 unauthorized persons or delivered incorrectly. As a consequence, we cannot guarantee the privacy or confidentiality of communications via such media although we will put in place appropriate security measures to protect these methods of communications. You acknowledge and agree that these events may occur and that we bear no liability when such events occur.

 

6. ACCOUNT INFORMATION FROM THIRD PARTY SITES. Users may direct Merchant to retrieve information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions. Merchant works with one or more service providers to access this Account Information. Merchant does not review the Account Information for accuracy, legality or non-infringement. Merchant is not responsible for the Account Information or products and services offered by or on third-party sites. Merchant cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Merchant cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

 

7. YOUR USE OF THE SERVICES. Your right to access and use the Application and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Application and Services for lawful purposes.

 

8. NO WARRANTIES. You expressly acknowledge that (a) your use of the Services, the Applications and any content therein is at your sole risk and (b) the sites, information, data, features of the Services, the Applications and all content and products associated with the services or provided through the services (whether or not sponsored) are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. We make no warranty or representation that the Services, Applications or content will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error free or free of viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information or other harmful components or that any defects will be corrected. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release us from all such warranties of any nature. 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.

 

This provision will continue to remain in force after this Agreement expires or is otherwise terminated.

 

9. LIMITATIONS OF LIABILITY. We shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to the sites, your use of the services, the sites or this agreement, even if we has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this agreement, our liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to the amount of the Transaction or a maximum of US$500.00 (Five Hundred United States Dollars), whichever is lesser.

10.  TERMINATION. We may terminate this Agreement and withdraw the use of the Applications and/or the Services provided through it:

• upon prior notice to you;
• immediately upon breach by you of this Agreement;
• for any reason and at any time with or without notice to you;
• 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.

 

Neither termination nor suspension shall affect your liability or obligations under this Agreement. In the event you or we terminate your account, any payment(s) we have already processed before the termination date may be completed. We will not responsible for any payments not completed by us as a result of termination.

 

11. 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.

 

12. 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.

 

13. GOVERNING LAW AND FORUM FOR DISPUTES. These terms and conditions are governed by and to be interpreted in accordance with Jamaican law and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the website whether in contract or tort or otherwise, the Jamaican courts will have jurisdiction over such disputes.

 

14. 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).

 

15. 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.

 

16. 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.

 

 

PURCHASE OF DIGITAL CARDS

1. The Service Terms 

 

These terms and conditions govern the sale of eGift cards (“Services”) 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”) .

The eGift cards available on our Application is being provided by BlinkSky, Inc. (“Merchant” “we” “us” “our”).

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
• Digicel’s Privacy Policy 
• the Merchant’s Privacy Policy, which can be found at https://blinksky.com/legal/privacy/;
• 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 Digicel’s 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 purchase a variety of eGift Cards and gift codes (collectively, “eGift Cards”) offered by Merchant and deliverable to recipients via text/sms messaging. eGift Cards purchased via our Application are issued by Merchant, participating third-party merchants, retailers and vendors (collectively “Vendors”).

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

4. Terms of Service

These Terms set forth the terms and conditions that govern the sale and use of Merchant’s eGift Cards (“Services”).  These Terms are a legal agreement between you (“you,” or “your”) and Merchant.  By using our Services, you agree to be bound by these Terms.  These Terms do not alter in any way the terms or conditions of any other agreement you may have with any other party for products, services or otherwise. Merchant reserves the right to change or modify these Terms at any time and in our sole discretion.  If Merchant makes changes to these Terms, we will provide notice of such changes, by providing notice through the Services, by e-mail and/or by updating these Terms on the Merchant website found at https://blinksky.com/legal/tos/.  You agree to receive notifications through these means and your continued use of the Services will indicate your acceptance of the revised Terms.  If you do not agree to any amended Terms, you must stop using the Services.

1. Privacy Policy

Please refer to our Privacy Policy at https://blinksky.com/legal/privacy/ for information about how we collect, use and disclose information about our users.

2. Additional Terms

If you purchase eGift Cards from Merchant, our Terms of Sale will apply.  These Terms of Sale are subject to change at any time and in our sole discretion, so you should review the Terms of Sale each time you make a purchase.

3. Eligibility, Registration and Account

Our Services are intended solely for users who are 13 years of age or older.  If you are under the age of 13, then you are not permitted to purchase eGift Cards.  In addition, if you are between the ages of 13 and 18 (or the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  By using the Services, you represent and warrant that you are 13 years of age or older.

4. Merchant Services Description

You may save information about eGift Cards you own to electronically manage those eGift Cards.  For example, depending on the features made available by the issuer of the eGift Card, after saving information about your eGift Card, you may redeem or re-gift the eGift Card solely within the United States pursuant to the terms and conditions of the issuer of the eGift Card, view eGift Card details (e.g. check your eGift Card balance) to the extent the issuer of the eGift Card makes such details available to Merchant, or visit the website of the issuer of the eGift Card. You may buy an eGift Card for yourself.  The Terms of Sale will apply to the purchase of such eGift Cards and you agree to comply with such Terms of Sale. You may buy an eGift Card to send to a friend.  The Terms of Sale will apply to the purchase of such eGift Card and you agree to comply with such Terms of Sale.  Merchant will use reasonable efforts to notify the recipient of the eGift Card you send in accordance with Merchant’s digital delivery methods.

5. Intellectual Property and Limited License

Unless otherwise indicated by Merchant, the Services and all content and other materials therein, including, without limitation, the Merchant logo, the Terms of Sale and all other designs, text, graphics, pictures, information, data, software, sound files, other files made available within the Services and the selection and arrangement thereof, and any documentation or other ancillary material provided to you by or behalf of Merchant (collectively, “Merchant Content”) are the proprietary property of Merchant or our licensors or users and are protected by U.S. and international intellectual property laws. Merchant hereby grants you a limited, nonexclusive, non-sublicensable license to access and use the Services and Merchant Content solely for the purpose of purchasing, sending or managing eGift Cards or receiving other services under these Terms; however, such license is subject to these Terms and you are not permitted to (a) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the Merchant Content; (b) copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or Merchant Content; (c) modify, alter or otherwise make any derivative uses of the Services or the Merchant Content, or any portion thereof; (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or Merchant Content; (e) use any data mining, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of the Services or the Merchant Content, except as expressly permitted via the Services; and (g) use the Services or the Merchant Content other than for their intended purposes.  Any use of the Services or the Merchant Content other than as specifically authorized herein, without the prior written permission of Merchant, is strictly prohibited and will terminate the license granted in this Section 5.  Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated by Merchant, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time.

6. Trademarks

“BlinkSky”, the Merchant logo, any Vendors’ logo and any other Merchant product or service names, logos or slogans are Vendors’ trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Vendors. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder.  Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Merchant.

7. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Merchant has adopted a policy of terminating, in appropriate circumstances and at Merchant’s sole discretion, users who are deemed to be repeat infringers. Merchant may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below: Attn: R. Schwartz Address: 12600 Deerfield Pkwy., Suite 100, Alpharetta, GA 30004. Phone: 888-983-0642 Email: legal@BlinkSky.com  
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.  If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

8. Third-Party Services; Third-Party Materials

Merchant may provide links to third-party websites, apps, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials (“Third-Party Materials”) on the Services. Merchant does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Services or Third-Party Materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof.  Your use of Third-Party Services and Third-Party Materials is at your own risk.  Merchant is not responsible for any issues, legal or otherwise, that may result from your use of the Third-Party Services or Third-Party Materials, including any loss, damage or harm of any sort incurred as a result of your use of Third-Party Services or Third-Party Materials.  If you access or use any Third-Party Services or Third-Party Materials, Merchant’s terms and policies, including these Terms, no longer govern.  You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any Third-Party Service to which you navigate from the Services.  For the avoidance of doubt the terms and policies for Third-Party Services are solely between you and the Third-Party Services provider and not Merchant.

9. User Content

You are solely responsible for all content you post, upload to, transmit, distribute, store, create or otherwise publish through the Services or the Application (“User Content”).  The User Content you provide must comply with the rules set forth below.  These rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services or the Application any of the following: User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable; User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law; User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other right of any party; User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers or credit card numbers; Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages; User Content designed to deceive or trick the user of the Services; Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services; or User Content that, in the sole judgment of Merchant and/or Digicel, is objectionable. Although Merchant and/or Digicel does not control and has no obligation to screen, edit or monitor any of the User Content posted, stored or uploaded on (or otherwise made available via) the Services, Merchant and/or reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted, stored or uploaded on the Services/Application at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the Services at your sole cost and expense.  Merchant/Digicel takes no responsibility and assumes no liability for any User Content posted, stored or uploaded on (or otherwise made available via) the Services. Except for any Feedback you provide with respect to the Services, you retain ownership of the User Content you post, store or upload on (or otherwise make available via) the Services.  You hereby grant Merchant/Digicel and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any manner or media, on or off the Services. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post, store or upload on (or otherwise make available via) the Services/Application or you otherwise have the right to make available such User Content via the Services/Application and grant the rights granted in these Terms; (ii) the User Content that you post, store or upload on (or otherwise make available via) the Services is accurate and not misleading; and (iii) Merchant’s/Digicel’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.

 

10. User Conduct

You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Services, and you agree that you will not and will not permit anyone using your account to do any of the following in connection with the Services: Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functionality of the Services in any manner or in any way inconsistent with any documentation provided to or made available to you by Merchant concerning the Services;  Flag content or report abuse for improper purposes or without good reason;  Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or polices established from time to time by Merchant;  Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;  Create an account or post, store or upload (or otherwise make available) any User Content if you are not over 13 years of age;  Use or attempt to use another user’s account without authorization from such user and Merchant; Modify, adapt, hack or emulate the Services; Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; Develop any third-party applications that interact with User Content or the Services without our prior consent; Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third-parties; and Infringe upon or violate the rights of Merchant, our users or any third-party. Merchant takes no responsibility and assumes no liability for any user conduct, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Services.  Your use of the Services is at your own risk. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

 

11. Feedback

You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Merchant and the Services (collectively, “Feedback”).  Feedback, whether submitted through the Services/Application or otherwise, is non-confidential and shall become the sole property of Merchant and Digicel.  Merchant and Digicel shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

12. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND MERCHANT CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MERCHANT CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MERCHANT DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE MERCHANT CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) IMPLIED WARRANTIES OF MERCHANTABILITY; (II) IMPLIED WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MERCHANT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. MERCHANT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY Merchant OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION 13 MAY NOT APPLY TO YOU.

 

13. Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and our and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Services or Merchant Content; (ii) your violation of these Terms or the rights of any third-party; or (iii) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services.

 

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MERCHANT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, THE EGIFT CARDS, GIFT PROMOTIONS, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF EGIFT CARDS OR GIFT PROMOTIONS), USER CONTENT, MERCHANT CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF MERCHANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MERCHANT TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50.00) (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY EGIFT CARDS OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A EGIFT CARD).

 

15. Applicable Law

Merchant is based in the United States and our Services are subject to U.S. law.  We make no representations or warranties that the Services are appropriate or available for use in other locations.  If you choose to access or use the Services from locations outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the State of Delaware, excluding its conflicts of law rules, govern your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in Delaware, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Services (including, but not limited to, your use of the Services).

 

16. Termination or Modification of Services

Merchant reserves the right to change, suspend, remove, discontinue or disable access to the Services at any time and without notice.  In no event will Merchant be liable for the removal of or disabling of access to any portion or feature of the Services.

 

17. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

18. Waiver

Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

 

19. Assignment

Merchant may assign these Terms and its rights or delegate its obligations under without your consent.  All provisions contained in these Terms shall extend to and be binding upon you and Merchant’s successors and assigns. You may not assign these Terms to another person or entity.

 

20. Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us at support@Blinksky.com or:

 

BlinkSky, Inc.

Attn: Customer Support,

12600 Deerfield Pkwy., Suite 100,

Alpharetta, GA 30004.

 

5. TERMS OF SALE

BlinkSky, Inc. (“BlinkSky,” or “Merchant “we” or “us”) makes products available for purchase through the Digicel International Application. Your purchase of any Merchant or Vendors product is governed by these Terms of Sale (“Terms”). Your purchase of a Vendor’s eGift Card, described in Section 1.3 below, is governed by the applicable terms and conditions of that eGift Card and these Terms will cease to apply at the time of such purchase. Your use of Application is governed by the Terms.   These Terms are a legal agreement between you (“you,” or “your”) and Merchant. By purchasing Merchant products and/or clicking to “Accept” these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases from Merchant. Merchant reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our website or the Application and updating the “Last Updated” date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from Merchant to ensure you understand the terms and conditions that apply to such purchase. Your continued use of Merchant products indicates your acceptance of any changes to the Terms.

1. Merchant Products

eGift Cards. We offer a variety of eGift Cards and gift codes (collectively, “eGift Cards”) for purchase the Application, deliverable to recipients via text messaging. Merchant accepts various forms of payment, including by credit or debit card bearing Visa, MasterCard, American Express, or Discover logo, PayPal, Apple Pay, and Bitcoin (each, a “Payment Card”). All eGift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. The total/aggregate amount that you may load on one or multiple eGift Cards in a single day should not exceed USD$1,000. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order. Purchase of any eGift Card will incur a convenience fee of USD$0.99 per transaction and will appear as one charge on your bank or credit card statement. After purchasing a eGift Card, these Terms will no longer apply and you (or the recipient of the eGift Card) must activate the eGift Card then redeem by following the instructions provided by the Vendor, defined at the back of each card. The eGift Card will only function upon activation. Activated eGift Cards may be available within seconds; however, additional time may be required for certain activations. If your eGift Card has not been activated within 5 minutes, please contact us at support@blinksky.com. eGift Card Vendor Terms and Liability. eGift Cards purchased via the Application are issued by participating third-party merchants, retailers and vendors (collectively “Vendors”). Your purchase of each eGift Card will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain eGift Cards, Vendors may set expiration dates for such eGift Cards, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any eGift Card. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor. As issuers of the eGift Cards, Vendors (and not Merchant) are fully responsible for all aspects of their eGift Card programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their eGift Card. While Merchant strives to work with reputable Vendors, Merchant has no liability for (i) the sale of products or services to you by a Vendor through the use of any eGift Card; and (ii) any Vendor’s failure to honor a eGift Card. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues. eGift Card Errors. We attempt to be as accurate as possible and to eliminate errors on the products that we sale; however, Merchant does not represent or warrant that any eGift Card and information about the eGift Card (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a eGift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.

 

2. Disclaimers

• In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release Merchant and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any Merchant product (including eGift Cards); and (ii) any act or omission of a Vendor in connection with a eGift Card it provides.

 

• With respect to the Merchant products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product. Merchant is not responsible for any damage or loss resulting from stolen or lost Merchant product (including eGift Cards) or any use of your Merchant product (including eGift Cards) without your permission. Merchant is not responsible for replacing your damaged or lost Merchant product or eGift Card.

 

• Merchant and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the Merchant products, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. • Subject to the monetary caps described in Section 1 above, Merchant products are transferrable within the USA, Canada and UK; however, you CANNOT resale Merchant Cards to a third party. These disclaimers and limitations may or may not apply to you and are void where prohibited.

 

 

3. Payment Options

When making a purchase on the Application, Merchant accepts various forms of payment bearing Visa, MasterCard, American Express, or Discover logo, PayPal, Apple Pay, Google Wallet and Bitcoin. Unless otherwise indicated, the denominated value of the eGift Card will be billed in full at the time you purchase along with all applicable fees. By making the purchase, you acknowledge that you are authorized to use the designated Payment Card and you authorize us to charge your purchase order to that Payment Card. When you provide your payment information, you authorize us to process and store your payment and related information. In the event that the Payment Card you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Card processing fees may apply even if the Payment Card has expired or changed by the time Merchant submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.

 

4. Taxes

With respect to the eGift Cards that you purchase on the website, mobile applications or approved third party websites displaying Merchant’s eGift icon, the amount paid for any eGift Card does not include sales, value added or use taxes, which may be charged to you separately by the applicable Vendor at the time you purchase products or services from the Vendor using the eGift Card.

 

5. Cancellations; No Returns

All purchases made on the Application are final. Purchased eGift Cards are non-returnable and non- refundable, provided, however, that if a eGift Card does not function, we may, in our sole discretion, either refund you the eGift Card purchase amount or replace the defective eGift Card with an alternative eGift Card or with products or services of equal value for the same eGift Card Vendor. If you have any questions or problems with your order, please contact support@blinksky.com

 

6. Excluded Users and Territories

You are not permitted to make purchases from Merchant if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list. Merchant Cards are only available for purchase and use in the USA, Canada & UK.

 

7. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information and data.

 

8. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

9. Waiver

Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

 

10. Contact Us

If you have any questions or concerns regarding these Terms or the Merchant products, please contact us at:  support@blinksky.com; or by mail to:

 

BlinkSky, Inc.

Attn: Customer Support

12600 Deerfield Pkwy.,

Suite 100,

Alpharetta, GA 30004-5099

 

INTERNATIONAL MONEY TRANSFER

 

Please read these Terms and Conditions carefully before accessing or using this App, website and the services provided therein.

1. THE SERVICE TERMS 

1. These terms and conditions govern the provision of the services (“ Services”) to you through Digicel both within the Digicel website and mobile applications (“ Applications”).

2. By using any of 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:

1. the terms and conditions of this website

2. our Privacy Notice

3. any other terms and conditions of a particular service that are posted in the Application; and

4. any disclosures, limitations or other information provided with, or printed on, any materials associated with the Services.

3. If you object to any of the terms of these Terms or subsequent modifications, you reserve the right to discontinue your use of the Applications. No other remedy, legal or otherwise, is available to you.

2. DEFINITION

1. In these terms and conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:

   1. “ Remittance Service” means the transfer of funds from a sender to a beneficiary in a destination country using the RIA Platform and paid out through the third parties;

   2. “ RIA Platform” means the system operated by RIA through which the Remittance Service is provided;

   3. " Transaction" refers to each money transfer that you initiate under, and each other use that you make of, the Remittance Service through the Applications

   4. “ Transaction Limit” means the daily, weekly and monthly prescribed monetary thresholds attached to the Remittance Service.

   5. “ User” means a person who accesses the Remittance Service through the Applications;

3. HOW TO ACCESS AND USE THE SERVICES

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

2. You are responsible for all activities conducted through our Applications 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.

4. THE   SERVICES  

1. Through our Application you will be able to send money transfers around the world . The Remittance Service is being provided by Continental Exchange Solutions, Inc. t/a Ria (“Ria” or “Merchant”)

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

3. These Terms are to be read in conjunction with the RIA terms and conditions (“RIA Terms”) found here:

   1. the RIA Privacy Policy which can be found at https://www.riamoneytransfer.com/us/en/privacy-policy;

   2. the RIA Terms and Conditions including as follows:

      1. Fraud Prevention: https://www.riamoneytransfer.com/us/en/fraud-awareness

      2. File a Complaint/State Licensing: https://app.riamoneytransfer.com/en-us/file-complaint

      3. Error Resolution: https://us.riafinancial.com/en/errorresolution/english

      4. T&Cs including Electronic Agreement: https://riamoneytransfer.com/us/en/terms-and-conditions

These Terms in conjunction with the RIA Terms shall govern your use of the Remittance Services. Where there is a conflict between these Terms and the RIA Terms, except where clause F is concerned, the RIA Terms shall govern.

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

5. The Service may not be available in certain jurisdictions. The Applications will indicate the jurisdictions in which the Service is available.

6. The RIA Platform is embedded via an inline frame in the Applications and loads a third party website within the Application for the convenience of the User. All processing is done by means of the RIA Platform, a third party website, and as such Digicel accepts no liability for any loss or damage of any sort incurred as a result of any act or omission related to such processing or verification.

5. ACCESS LIMITATIONS & RESTRICTIONS

1. Access to these Remittance Services may be limited, delayed or unavailable during periods of peak demand, market volatility, system upgrades or maintenance, or communication system problems.

2. Digicel shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.

6. LIMITATION OF LIABILITY

1. You undertake to us to comply strictly with this Agreement.

2. You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorised use of the Application.

3. 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.

4. Digicel will not be responsible for any claim unless caused by willful default by Digicel, its employees or the Applications systems.

5. Digicel specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to:

   1. Any delay or unavailability of the service;

   2. Any issue with the processing of a Transaction, including but not limited to:

      Transaction made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by you;

      any fraud, deception or misrepresentations by any User;

6. Digicel’s total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise under or in connection with any claim related to your money transfer transaction shall be limited to 100% of the amount sent.

7. We shall have no liability for any failure or delay resulting from any event or condition beyond the reasonable control of us, including connectivity issues, RIA system failures, governmental action or acts of terrorism, strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, pandemic, endemic, war, riot, civil commotion, malicious damage, accident, breakdown of plant or machinery, earthquake, fire, flood or other acts of God, compliance with any law or governmental order, rule, regulation or direction, default of suppliers or subcontractors or internet disturbances.

7. DATA PROTECTION AND PROCESSING

1. The User represents that all personal information provided to us concerning the User and the Recipient shall be accurate, current and complete in all respects.

2. By providing us with the above information, the User gives us permission to store and process such information as described in our Privacy Notice, and transmit all information provided to us to our third party provider RIA for the purposes of carrying out the Services.

3. You must promptly update us with any change in your contact information .