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Prepaid Airtime Refills Store (“Airtime Refills Store”) End User Terms and
Conditions (“Terms and Conditions”). Welcome to Airtime Refill Store where you
can purchase and/or subscribe for airtime refills for prepaid phones from
leading U.S. Wireless providers (“Services”). All Services are provided by PinCheap
and/or its partners and affiliates, your use of Services and accessing to this
website constitutes your agreement to the acceptance of this Terms and
Conditions and that you (“User”, “you”, “You”, “Wireless Subscriber”, “End
User”) agree that:
(1) You have
read and familiarized yourself with the Terms and Conditions
(2) You understand
the Terms and Conditions
(3) You are
bound by the Terms and Conditions in your use of the Services.
IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY
WITH THESE TERMS AND CONDITIONS
terms and conditions as they describe your legal rights and obligations. These
Terms and Conditions will become effective as of the date of
electronic signature on or acceptance of these Terms and Conditions,
activation of your customer account
of Prepaid Airtime Refill order on check out page of this site or
receipt of an e-mail from PinCheap Airtime Refills Store confirming your order,
whichever happens first.
For the purposes of this Agreement:
Airtime Refill" shall mean refill airtime, including but not limited to, mobile telephone services and airtime minutes and plan refills
from third-party carriers purchased through Airtime
Refills Store as scratch cards or electronic PIN (Personal Identification
Number) numbers or direct account payment (Real Time Replenishment). Airtime is
the time you are connected to your mobile phone network. This includes making
calls, retrieving messages and data use. Airtime can
be used by anyone with a prepaid cell phone.
" PinCheap," “Airtime Refills
Store," “us," "we," "our" and grammatical
variants thereof shall collectively refer to PinCheap Prepaid Airtime Refills Store.
Refill Store" shall mean the following World Wide Web site owned, maintained
and hosted by or on behalf of PinCheap Prepaid Airtime Refills.
”Fee," “Charges” shall mean monies and other consideration you are
obligated to pay to Airtime Refill Store in exchange for the Prepaid Airtime
Refills, electronic PINs, real time replenishment payments for your prepaid
mobile devices subject to the terms and conditions of this Agreement and of the
particular airtime refill and the wireless provider for which you have
purchased Prepaid Airtime Refill, as outlined on the then-current product page
for the airtime refill.
shall collectively refer to Airtime Refill Store and you.
Data," “Personal information,” “User Information” shall mean any personal
data, including but not limited to mobile number, wireless provider, wireless
plan, address, e-mails, or other content, related to your use of the Services.
Services Airtime Refill Store will provide to customer.
Refill Store grants you a
limited, non-exclusive, and nontransferable license to use this Web Site and
its various components to purchase / order / subscribe for Prepaid Airtime
Refills from third-party carriers or to enable third parties and affiliates to
direct you to this Web Site for the sole purpose of purchasing services offered
on this Web Site. This license is subject to the restriction, that, except to
the extent expressly permitted by law, you may not modify this Web Site and /
or the Services in any manner or form, or use it in any way which is not
expressly authorized by this Agreement, including, without limitation, for the
purpose of obtaining unauthorized access to Airtime Refill Store service or
data (also known as "hacking"). Airtime Refill Store will provide you
with customer and technical support related to your use of this Web Site, at no
additional charge, subject to the restrictions of this Agreement and Airtime
Refill Store Return Policy
Your use of Airtime Refill Store Website and any components are at your sole
risk and you voluntarily assume that risk. Airtime Refill Store Web Site and
all of its components are provided on an "AS IS," "AS
AVAILABLE" basis without warranties of any kind, either express or
implied, unless such warranties are legally incapable of exclusion and provided
by the manufacturer or service provider or carrier. Airtime Refill Store is not
responsible for the contents of any Web site to which Airtime Refill Store Web
Site links or any link contained in a linked site, or any changes or updates to
are only available to United States residents 18 years of age or older with a
valid email address. To access the use of the Services, you are required to
register with Airtime Refill Store and provide Airtime Refill Store with any
required User Information.
RELEASES PINCHEAP AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, PARTNERS, SUCCESSORS
AND ASSIGNS FROM ANY AND ALL ACTUAL OR ALLEGED DAMAGES WHICH MAY RESULT FROM
USER DOWNLOADING AND/OR PURCHASING ANY INFORMATION OR MATERIALS, INCLUDING BUT
NOT LIMITED TO THE PREPAID AIRTIME REFILLS FROM THE WEBSITE.
All Logos, Trademarks, Brands, Products, Images, Slogans and Names
are properties of their respective owners.
We refer to these logos and/or names solely for the purpose of demonstrating
the Prepaid Airtime Refills and Services that we resell. Pincheap/Airtime
Refill Store is not affiliated with these Wireless Providers or any other
entity for which a logo or name or slogan may be presented on this website.
IN NO EVENT WILL PinCheap Airtime Refill Store, ITS RESELLERS,
DISTRIBUTORS, AGENTS OR LICENSOR BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNTS YOU HAVE PAID
TO PINCHEAP AIRTIME REFILL STORE. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages,
in such states, Airtime Refill Store liability is limited to the extent
permitted by law. Never shall Airtime Refill Store, PINCHEAP, NOR ANYONE ELSE
INVOLVED IN OFFERING THE SERVICES be held liable for costs or procurement of
substitute goods or services, lost profits, lost data, business interruption,
attorneys' fees or any direct, indirect, special, punitive, incidental,
exemplary or consequential damages, or any kind of damages whatsoever, even if
Airtime Refill Store has been advised of the possibility of such damages,
whether in an action under contract, negligence, tort or any other legal or
equitable theory of recovery, arising out of or in connection with the use,
inability to use or performance of the information, merchandise, and materials
available from Airtime Refill Store Web Site, or any part thereof, or your
reliance on or use of information, services, or merchandise provided on or
through Airtime Refill Store web site, or that result from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation or
transmission, any failure of performance, computer virus, communication line
failure, theft, destruction, or unauthorized access to, alteration of, or use
of your account, whether for breach of contract, negligence or under any other
cause of action. In the event Airtime Refill Store is found liable under any
circumstance under the terms of this agreement, Airtime Refill Store’s
liability shall be limited to the liability as stated in this disclaimer.
on Use of Services
and warrant that your use of the Services shall not: 1.violate any applicable
local, state, or federal law, statute, ordinance, rule or regulation; 2.
impersonate any other person or entity, or make any misrepresentation 3.
Upload, post, transmit, publish, or distribute any material or information
which contains a computer virus, or other code, files or programs intending in
any manner to disrupt or interfere with the functioning of the Services, the
Website, or that of other computer systems. You further represent and warrant
that Your Data is accurate and complete at the time of registration and that
such User Information is updated so that it shall at all times be current,
accurate and complete.
to Receive SMS
By using any
Airtime Refill Store affiliated Service, You provide us with your consent to
receive SMS text messages for services, special offers and refills reminders,
recurring charges confirmations (if subscribed) associated with Airtime Refill
Store. To opt out from SMS notifications simply reply STOP or CANCEL to any of
the SMS messages you will receive. Standard text and message rates may apply.
to Receive e-mail
By using any
Airtime Refill Store affiliated Service, You provide us with your consent to
receive e-mail messages for services, special offers and refills reminders,
recurring charges confirmations (if subscribed) associated with Airtime Refill
Store. To opt out from e-mail notifications simply reply unsubscribe to any of
the e-mail notifications you will receive.
This Agreement comprises the entire agreement between you and
Airtime Refill Store , and any prior or previous agreements between you, and
Airtime Refill Store , with respect to the subject matter of this Agreement;
provided, however, that you shall be subject to any additional terms and
conditions of which Airtime Refill Store notifies you from time to time and
that may apply when you are using any content, software, products, or Services
of any kind or nature, of any third party, including, but not limited to
User acknowledges and agrees that Airtime Refill Store, at its
sole discretion, may change, modify, amend, suspend or discontinue any aspect
of the Services, including its pricing, the Website, features and/or these
Terms and Conditions at any time and without liability to User or to any third
party. User also acknowledges and agrees that Airtime Refill Store may amend
any or all of the Terms and Conditions (including Fees and rules) applicable to
its Service at any time, at our sole discretion. You shall be responsible for
all charges resulting from your use of the Services and the use of the Services
by any other person who uses your user name and password and / or credit card
information, regardless of whether you have actually authorized such charges.
CHARGES will display on your CREDIT CARD STATEMENT as PINCHEAP.
register to use the Services, you will be prompted to select a username and
password. User acknowledges and agrees that Airtime Refill Store will have no
liability or responsibility whatsoever for any damages or losses caused or
alleged to have been caused a lot or stolen username and password. If you
misplace your user name or password or both, or suspect that someone else may
be using them without your authorization, you agree that you will notify
Airtime Refill Store immediately. Failure to notify Airtime Refill Store may
result in you being liable for unauthorized charges. If you misplace your user
name or password or both, or suspect that someone else may be using them
without your authorization, you agree that you will notify Airtime Refill Store
immediately. Failure to notify Airtime Refill Store may result in you being
liable for unauthorized charges.
Failure to Make Timely Payment
Airtime Refill Store reserves the right to suspend or terminate your
account and your access to the Services for any amounts past due. Amounts past
due include, but are not limited to, denied charges and other forms of charge
backs, and dishonored payments.
Termination of your account and/or your access to Airtime Refill Store Web Site
shall not relieve you from the obligation to satisfy outstanding invoices and
to pay to Airtime Refill Store all amounts you owe to Airtime Refill Store
pursuant to this Agreement, or otherwise.
In the event Airtime Refill Store utilizes an attorney at law to collect any
unpaid amounts from you, you shall be responsible for the payment of all of
Airtime Refill Store’s attorneys' fees and costs, in addition to any penalties
allowed under applicable law, in the collection of those sums.
All Sales Final; Refunds or Credits from Carriers.
You agree that Airtime Refill Store acts merely as a distributor of prepaid
products for third-party carriers.
All mobile refills sales are final, no exchange or returns will be accepted.
Pins and refills are live and will be added to the account / displayed on the
screen or emailed to you immediately; therefore the funds cannot be refunded for
any purchased airtime refills. If in any case, you feel there was an issue with
our system or airtime refill PIN or voucher, please contact customer service
and or email us and provide an explanation of the error. We will review each
request on a case by case basis; there are no guarantees of a refund or
exchange unless PIN is verified to be defective, we will inform you once a
decision has been made. This decision will be made based on the number of
factors including but not limited to: carrier confirmation on refill
availability, service shortages, and wrong account number provided by you,
phone number being disconnected by the carrier and other factors outside of our
PINCHEAP Airtime Refill Store may terminate this agreement at any time for 1.
Breach of Airtime Refill Store Terms and Conditions, 2. Credit card is declined
for any reason; 3. If you commit fraud or engage in any other dishonest conduct
related to or in connection with the Services; however, either you or Airtime
Refill Store may terminate this Agreement at any time by discontinuing use or
access to the Services. Your sole right with respect to any dissatisfaction
with any term of this Agreement, as revised or amended from time to time, or
Airtime Refill Store’s performance of this Agreement is to terminate this
Agreement by notifying Airtime Refill Store in writing. Reasons for termination
(but not limited to these reason)
arising under this Agreement shall be resolved through a negotiation/mediation/
arbitration approach. You and Airtime Refill Store agree first to try to
resolve the dispute informally between ourselves through good-faith
negotiations. If it proves impossible to reach a mutually satisfactory solution
to the dispute by negotiation, then you and Airtime Refill Store agree to use
mediation as described below. The mediation shall be conducted in good faith
and on such terms and conditions as the mediator, you, and Airtime Refill Store
You and Airtime Refill Store shall each pay the mediator one half of the fee
for the mediator's services, regardless of the outcome of the mediation.
Severability of Terms of this Agreement
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect.
to this Agreement
You may not revise any of the terms of this Agreement without
express prior authorization and written agreement signed by a duly authorized
Officer or Manager of Airtime Refill Store
Duties Under this Agreement.
You agree to abide by and perform all the terms and conditions of this
Agreement at all times.
Prepaid Airtime Refills are only compatible with the carriers specified on the
product page and in shopping cart/order receipt. If you are uncertain as to
what type of Plan you have and what kind of Prepaid Airtime Refill you need,
please call our customer service representatives.
At times, we
may require further documentation to verify your identification such as a copy
of your credit card, and/or ID and/or utility bill. We will fully prosecute
FRAUD to the fullest extent of the law and work with all law enforcement
agencies and cooperate with the FBI, Secret Service and any other department to
validate or help in preventing FRAUDULENT use of credit cards, personal
information or prepaid telephone accounts. Please consider this before placing
your order (if you are using a stolen credit card).
Attempting to Bypass Validation, Verification and other Security
ensure your security, you may be asked to enter and confirm the mobile number
for which you want to buy airtime. Click on ‘Validate My Phone Number” and we
will immediately confirm that the mobile number entered is compatible with the
airtime ordered. In the event of a validation error, please try again to
carefully enter your mobile number. This validation process takes only a moment
and will ensure that your personal information is safe and secure and that you
are purchasing a compatible airtime refill for your phone. If any additional
verification is needed, you will receive a phone call from a customer service
agent within a few minutes of placing your order
You agree not to obstruct or attempt to obstruct the systems identification
procedures or to forge communications of any form. You agree not to attempt to
cause, or actually cause, any disruption of service on Airtime Refill Store Web
Site or any other network or any server housing this Web Site, including but
not limited to malicious traffic generation, attempted or actual violation of
any security system in place on the Internet and its resources, or any
unauthorized access to any computer or resource on the Internet.
/ Credit Card Charges and Authorizations:
Refill Store / PinCheap will appear on your credit card statement. We will
perform credit card authorization with every airtime refill purchase prior to
sending refill request to a third-party provider / wireless carrier. Upon
receiving confirmation of successful airtime refill from the provider we will
charge your card, if airtime refill was rejected or denied by provider or
carrier, authorized funds will be credited back to your account. If you sign-up
for automatic monthly airtime refills, we will charge your credit card three
days prior to the monthly anniversary date to ensure funds availability and
will apply Prepaid Airtime Refills to your account on the 30 days anniversary.
Depending on the subscription plan you have chosen, you authorize a recurring
monthly or annual charge to your credit card in the amount of the then current
charges for the selected Prepaid Airtime Refill posted on the Website, provided
however, that PinCheap/Airtime Refill Store reserve the right to change /
modify / remove / update any airtime refills and plan availability without
prior notice to you, based on third-party carriers and providers notifications.
User's failure to provide PinCheap / Airtime Refill Store with its intent to
terminate the services within fifteen (15) days of the notice date will
constitute acceptance of the modified recurring monthly charges.
place an order we collect certain types of personally identifiable information
including (1) contact information (such as name, address, e-mail address, and
telephone number); (2) payment information (such as credit card number); and/or
(3) ID verification information (such as credit card number, date of birth,
mobile telephone number, or Driver's License Number).
We use the
contact information you provide to communicate with you, such as to send you
order confirmations, request additional verification information, respond to
your inquiries, provide you with important product update, warranty, or safety
information. In addition, we use contact information you provide to offer you
additional products, programs or services that we believe may be of interest to
you, including but not limited to newsletters from
affiliated site. You can easily opt out of a newsletter by clicking the
unsubscribe link at the bottom of any of these e-mails. We do not share, sell,
rent or trade personally identifiable information with third parties for their
promotional purposes, unless you authorize us to do so.
(1) that all User Information is accurate and complete at the time of registration
(2) that User information will be continuously updated such that the User
Information shall at all times be current, accurate and complete. User
acknowledges that it is solely responsible for maintaining a valid credit card
number on file and that Airtime Refill Store shall have no liability if it is
unable to renew the Services due to an expired credit card or outdated User
disclose personally identifiable information in response to legal process or
when we believe in good faith that the law requires it, for example, in
response to a court order, subpoena or a law enforcement agency's request.
OF JURY TRIAL AND CLASS ACTION
YOU AGREE THAT
YOU WAIVE THE RIGHT TO JOIN A CLASS AND/OR A TRIAL BY JURY FOR ANY DISPUTE
ARISING BETWEEN YOU AND AIRTIME REFILL STORE, PINCHEAP AND THAT IS IN ANY WAY
RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be
enforceable up to and including the day that trial is to start, and even if the
arbitration provisions of this Agreement are waived.
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of any Airtime Refill Store service or
this Agreement must be filed by You within one year after such claim or cause
of action arose or be forever barred.
of Airtime Refill Store to exercise or enforce any right or provision of this
Agreement will not be deemed a waiver of such right or provision, nor shall any
such waiver constitute a continuing waiver unless expressly provided otherwise.
acknowledges and agrees that PinCheap is a third-party beneficiary under this
Agreement. PinCheap may take any equitable or legal action required, without
the requirement to post a bond, to enforce the provisions of this Agreement.
Policy) User is encouraged to periodically review our Privacy
Policy to obtain notices of any changes or modifications to the Privacy
otherwise, in the Disclaimer and Limitation of Liability, the agreement is made
upon all entities of PinCheap, its parents, its subsidiaries, its members, its
partners, its joint ventures, its affiliates, its suppliers, its licensors, its
licensees, its contractors, their respective agents and employees, and all
their respective heirs, successors, and assigns.
Airtime Refill Store shall provide all User support services. Support is
available twenty four (24) hours a day every day during the year online via (i)
Frequently Asked Questions, (ii) “How It Works” guide, (iii) a window for
e-mail communications with the support personnel.