General Information
The provision of Services to you is subject to your acceptance of the Agreement. By using the service, you expressly agree to be bound by the terms and conditions set forth below.
If you object to this Agreement or any subsequent modifications to it, or become dissatisfied with the service in any way, your only remedy is to immediately discontinue your use of the service
Certain words in this Agreement have the meanings set under them at the end of this document.
The Services
The services shall only be provided to you by us in respect of Accounts in the listed territories (available on the website, and subject to change). Top-up's are purely for use domestically within the relevant listed jurisdictions (available on the website and subject to change) and not for international roaming.
Your obligations
The equipment necessary for you to access the service shall be provided and be maintained by and at your expense of and we may change the requirements for such equipment from time to time. 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 service. 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.
Transactions on the Account
You authorise us to act upon any instruction to debit an Account received through the service which has been transmitted using an authentication process which we require to be used in connection with the service 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 and confirmation from you for a Top-up we will debit the Account and will forward an electronic request to the relevant mobile network operator to provide a credit of the amount 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.
Global Top-up is an independent entity appointed by mobile network operators to act on their behalf to facilitate the purchase of Top-up credits. 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 service but such liability shall be limited to the amount of the unexecuted or defectively executed Top-up.Termination of the Agreement
We may terminate the Agreement and withdraw the services in any of the following instances:
This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate the Agreement at any time by giving us not less than 1 days prior written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination. We reserve the right 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 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 Statement.
Variations of the Agreement
Where we are not required to notify you otherwise by law, we may alter the Agreement from time to time. Any such alteration shall become effective and shall be binding upon you 14 days after notice of such alteration has been sent to you by any of the following means: through the post or by electronic message through our website. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including your liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.
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 by email to globaltopup@telpacific.com.au. 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: through the post or through the Website.
Use of Information and Confidentiality
Subject to the terms of the 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 any 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 the service are owned by us or its licensors. Reproduction of part or all of the contents from the website in any form is prohibited without our prior consent, other than that you may print or download one copy of the contents of the website for personal non-commercial use.
Data Protection
We will comply with its obligations under applicable data protection law as regards relevant data in its 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 website 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 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 for such reasonable period as may be required to remedy, address or resolve the system issue.
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:
and while we will use reasonable endeavours to minimise any inconvenience caused to you, you accept that these events may occur and that we have no liability to it in the event of this happening. Where we change authentication procedures for accessing the Services then, notwithstanding any other term of this Agreement, we may introduce these procedures by giving instructions to you via the website in respect of which such procedures are being introduced.
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
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 New South Wales, Australia and the courts of New South Wales, Australia 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.
Definitions
Words in bold print in this Definitions Clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.
Agreement
The agreement concluded between us and you for the purposes of receiving the any of the services which consists of (1) the Registration Form if applicable; (2) these Terms and Conditions; and (3) the Privacy Policy appearing on the Website from time to time. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.
We, us means Global Top-up, including its successors and assigns.
Fees means the Fees payable for the Services provided to you by us, which shall be made known to you while you are using our Website
Intellectual Property Rights
"Intellectual Property Rights" means all copyright, patents, trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, and includes any trademarks that we have in the word "Global Top-up" or "www.telpacific.com.au".
Privacy Policy
The document called "Privacy Policy" published by us on the website from time to time.
Registration Process (es)
The process (es) which must be properly and fully completed by you applying to us for the provision of the Global Top-up service, including, but not limited to, application forms, online application forms and forms completed by you.
Terms and Conditions
The terms and conditions governing the provision of the services to you, which are set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to the Agreement.
Top-Up
A transfer of an amount from an Account to a mobile network operator (authorised by us from time to time) to pay for the provision of telecommunication services by that mobile network operator to a pre-paid mobile telephone effected using the services.
Services
The Services made available by us from time to time including the Top-Up services. The services are applicable to prepaid accounts only.
Website
Any page containing the URL http://www.telpacific.com.au.
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