Terms & Policies

General

This Agreement sets the Terms of Service between CY.TALK SWITZERLAND S.A. (“we”, “us”, “our”), a Swiss company registered at Chamber of Commerce of Geneva under federal number CH-660.0.183.985-7,with registered head office at 7, Place du Rondeau, 1227 Carouge (Geneva), Switzerland, and the User (“you”, “your”) of this website related services run under the brand CY.SEND. We are the sole owner CY.SEND and have no affiliation or partnership with other entities. This Agreement governs both our Service and any our approved or provided devices used with our Services. By using our Services, you agree to these Terms of Service and Privacy Statement, including any future amendments. The Cysend.com website (“the Websites”) is provided solely for our current and potential users to use our Services and may not be used by any other person or entity, or for any other purpose. If you do not accept and abide by this Agreement, you may not use our Service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. All information linked to these Terms of Service is part of it. Before you may become a user of our Service, you must read and agree to be bound by our Terms of Service, including additional policies and terms found on the Websites such as Frequently Asked Questions section of the Websites, which are all incorporated by reference. We strongly recommend that, as you read the Terms of Service, you also access and read the linked information. Use of our Service also requires you to read and accept terms offered by third parties in conjunction with our Service, including the user agreement with the payment processors and any applicable terms and conditions offered by the Network operators. By accepting these Terms of Service, you agree that these Terms of Service and our Privacy statement will apply whenever you use our Service, or when you use any tools we make available to interact with our Service. Some websites, services, and tools made accessible to you through our Service may have additional or other terms that those third parties impose on you when you use those websites, services, or tools. If you do not agree to be bound as required herein, then you cannot use our Service.

What We Do

The Websites supply immediate international Top Up Service online intended for Pre-paid mobile phones. Our Services are available for Topping Up Pre-paid mobiles served by numerous mobile network operators in numerous countries.

Service Policy

The Top Up you are buying is originally provided by our partner telecoms providers. We test and make sure to the best of our knowledge that the service is fully functional, but cannot provide guarantee for the service. We provide the Top Up Service on a best efforts basis. Events beyond our control may affect our Service, such as power problems, fluctuations in the internet, your ISP or broadband service, security or maintenance issues. The Top Up Service might be adversely affected if too many people try to use the Network at the same time, we do not warrant that ongoing Top Ups or completed will not be dropped. We will act in good faith to minimize disruptions to your use of and access to our Service. No guarantee is made to you by us that any or all the Top Ups will function. We reserve the right to refuse an order and or payment from any person, company or any other body where the strict conditions of our security and fraud prevention measures are not met. In some cases this may mean any order is delayed for manual verification and or processing, or could be declined or refunded if deemed appropriate by our internal security team. At our discretion, we may refuse to provide any part of our Service to you. Additional mobile operators and/or Top Up denominations may be added or removed at any time without prior notice. Fees and costs can change at any time depending on the evolution of the commercial conditions such as network operators or payment service providers' charges. You can use the Pre-paid Top Up Service to order top ups for your Cysend.com Accounts (“Account”) as follows. Payment is processed immediately and confirmed, and airtime will be added usually within seconds although this may take up to twenty-four (24) hours. Where a topup is ordered and accepted by us, you will be unable to cancel the order. You are responsible for the mobile number you transfer airtime to and all charges that result from those transfers. We are not responsible for any transfer of airtime to an incorrect mobile number. You must ensure that the prepaid mobile number to recharge you entered is accurate. All transfers of airtime are final with no refund or exchange permitted. We shall not be responsible for any delay or failure to provide the Top Up Service for reasons beyond our control. The Online Top Up Service is a consumer service. No resale of any of our Services is permitted unless expressly authorized in writing by us. If you do use the Online Top Up Service for business or commercial purposes you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Online Top Up Service is faulty or cannot be used by them.

Availability and Quality of Service

Our Service is available 24/7 to all users. Service is subject to Account approval at our sole discretion. We are a Reseller Only. We do not provide telecommunication service and are only a reseller of prepaid telecommunications services by providers or other distributors or aggregators of such telecommunications carriers. We are not a warrantor, insurer, or guarantor of the services to be provided by the telecommunications carriers (the "Carrier"). Airtime is transferred without recourse against us for any breach of contract by the Carrier. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the airtime purchased must be handled directly between you (or the recipient of the airtime) and the Carrier.

Maintenance & Upgrades

Sometimes our Network infrastructure requires to be taken offline for the purpose of maintenance or upgrades. Also it is possible that emergency maintenance and/or upgrades need to be performed immediately without any notification to ensure the stability, security or availability of our infrastructure. You cannot hold us responsible for the downtime of these events. We can ask any third party for assistance.

Use of the Websites

Except as set forth below, we authorize you to use the Websites only for your own personal, non-commercial purposes. Use of the Websites for any public or commercial purpose (including, without limitation, on another website or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and us, we own the Websites. The Websites are protected under Swiss and international copyright laws. Any unauthorized use of the Websites may violate copyright, trademark, and other laws.

Access to the Websites

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Websites and for paying all charges related thereto. When you register to open an account anywhere on the Websites, or when you contact us through the Websites for the purpose of receiving products or services, we may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Websites accounts, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Websites passwords and you are solely responsible for all activities that occur under your passwords. You agree to notify us immediately of any unauthorized use of your passwords or any other breach of security related to the Websites. We reserve the right to require you to change your password if we believe that your password no longer is secure. Access to the Websites granted under other separately executed agreements by us and you shall supersede the terms contained in this Section.

Prohibited Uses

You agree not to use the Websites (including, without limitation, any Materials or Services you may obtain through your use of the Websites): in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); to stalk, harass, or harm another individual; to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or to interfere with or disrupt the Websites or servers or networks connected to the Websites. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the Websites; or attempt to gain unauthorized access to any portion of the Websites or any other accounts, computer systems, or networks connected to the Websites, whether through hacking, password mining, or any other means. You also agree not to produce a false document, falsify a genuine document, use the genuine signature or mark of another to produce a false document, falsely certify or cause to be falsely certified a fact of legal significance or, make use of a false or falsified document in order to deceive. Otherwise, you will be liable to a custodial sentence not exceeding five years or to a monetary penalty (Art.251, Swiss Criminal Code of December 21st, 1937, SR 311.0).

The Websites Termination

Except as set elsewhere; we may terminate, suspend, or modify your registration with, or access to, all or part of the Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Websites at any time. If you breach any of these terms, your authorization to use the Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Operators' Promotions

From time to time, the mobile operator connected to us, launches limited offers or promotions. Each promotion is subject to the terms and conditions of its respective mobile operator. We are not responsible for bonus delivery to the beneficiary; it is done by the mobile operator. The mobile operator can modify and cancel promotions without a prior notice. All questions, complaints or customer assistance requests for the promotion are to be addressed exclusively and directly to the mobile operator.

Support

If you experience difficulties in using our Service, please contact us. To get the fastest and most accurate answer, when writing to our support team, please provide us with precise information such as but not limited to date, time, your Account, nature of the problem you are experiencing, number you are trying to Top Up and screen captures.

Your Obligations

You will co-operate with all reasonable requests made by us relating to the provision of our Services to you. By registering on Websites, you are obliged to provide very accurate and current information as prompted by our registration pages, maintain and immediately update your online profile information to keep it accurate and current. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account. You must be at least eighteen (18) years of age to use our Service. We reserve the right to refuse Service to anyone at any time without notice for any reason. You shall treat confidential all passwords, access codes and store such data in a safe place. Holding multiple accounts in order to by account, transaction, or amount limitations will result in immediate termination of all accounts. If you breach any your obligation, your Account will be terminated and will you lose all your rights and balance but still be liable for any breaches or damages. We may, at our sole discretion, terminate your Account for any fraudulent, abusive or otherwise illegal activity, and you may be reported to relevant law-enforcement agencies. The availability of our Services and/or rates may vary from country to country. In order to terminate your service, you can do so by contacting our User Care Department, via email. Once your Account is terminated, it cannot be reactivated, and the legal withholding time expires all data will be lost. You are not permitted to transfer the rights and obligations arising from this Agreement to third parties without our prior written consent. We are entitled to transfer the rights and obligations arising from this Agreement to another partnership affiliated.

Billing and Payment

By placing your order, you authorize us to take the relevant payment from the payment method that you have provided. We may set an upper limit of total amounts you may order, and reserve the right to amend this limit at any time without notifying you. Your Account history for the previous one hundred and eighty (180) days is available online at the Websites. Swiss customers are required to pay the Swiss VAT. All other customer will not be subject to VAT. All top up sales are final and non-refundable regardless of who does the Top Up, and regardless of whether the Top Up was done with your consent or knowledge. Our currencies rates are updated regularly and may not necessarily reflect the current market values. We reserve the right to charge fees to provide you the Top Up Service should we need to buy or sell other currencies. Our rates, fees and charges are published on our website. Rates can change at any time and be effective from any date. If you decide to close your Account before the new rates take effect, we reserve the right to charge for its free of charges services or for any abuse of its free services. Such charges will be disclosed to you prior. If changes in tax rates or other duty rates entitle us to change our rates immediately and without any advance notice, you will not be entitled to any refunds. All Pre-Pay prices are inclusive of VAT unless otherwise stated. No separate VAT invoices or receipts shall be issued by us. Your billing is based on the Websites records. We reserve the right to make adjustments to your billing in case of billing errors. This also includes but not limited to, system errors, billing bugs, malicious modifications, hacking, bug exploits. You are required to notify us if you notice billing bugs or billing errors while using our Service. We do not round cents: we use two-digits accounting. We do not give credit allowances or refunds for Pre-paid Service. Rates, fees and charges may vary from country to country. Money back guarantee policy is subject to Swiss law. You are responsible for the use of our Services at all times, even by unauthorized persons. In particular, they must pay the charges incurred for the use of our Service. For regulatory compliance when you subscribe to our Service, you must give us a valid mobile phone number, a valid email address, a billing address and a payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if; your payment method expires; your billing address changes; your email address changes; your mobile phone number changes; your payment method is canceledcancelled and replaced because of loss or theft. Prior to delivering our Service we charge our Service amount to your selected payment method then tries to perform our Service as stated in the Service policy. If the delivery of our Service shall fail for any reason the amount charged on your payment method will be added to your Account entirely. You can then dispose of this amount to purchase services or request a refund from us. Usage-based charges, we will bill in advance your payment method for all charges for each Service term. An email or SMS will notify you of charges your Account is incurring. You can see all your billing reports on the Websites. If we disconnect your service, you will remain liable to us for all charges under this Agreement and all the costs we incurs to collect these charges, including, without limitation, collection costs and attorney's fees.

Modifications and Changes to the Websites

We reserve the right to modify, suspend, or discontinue the Websites at any time without notice to you. For example, we may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and we make no commitment to update the Materials and Services whatsoever. Information published on the Websites may refer to products, programs, or services that are not available in your country. Consult your local Cysend.com business contact for information regarding the products, programs, and services that may be available to you.

User Submissions

Certain areas of the Websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub licensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. We may, but is not obligated to, pre-screen User Submissions or monitor any area of the Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. We are not required to host, display, or distribute any User Submissions on or through the Websites and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. We do not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that we will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. We do not guarantee that you will have any recourse through us or any third party to edit or delete any User Submission you have submitted. By submitting any User Submission, you represent and warrant that: you are at least 18 years old you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant us the rights in your User Submissions described herein; you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions; you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant us the rights described herein; your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; you voluntarily agree to waive all “moral rights” that you may have in your User Submission; any information contained in your User Submission is not known by you to be false, inaccurate, or misleading; your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy; you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission; your User Submission does not incorporate materials from a third party website, or addresses, email addresses, contact information, or phone numbers (other than your own); your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; your User Submission does not contain any information that you consider confidential, proprietary, or personal; and your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. We do not accept ideas, concepts, or techniques for new services or products through us. If such information is received, it will not be considered confidential and we will be deemed free to use, communicate and exploit such information in any manner we choose.

Submissions

We do not accept ideas, concepts, or techniques for new services or products through us. If such information is received, it will not be considered confidential and we will be deemed free to use, communicate and exploit such information in any manner we choose.

Termination

You are entitled to terminate this Agreement at any time by informing us. If you do not use our Service to make at least one chargeable event for a period of one hundred and eighty (180) days, this Agreement will be deemed to be terminated by you, and our Service will be disconnected. Upon termination, your right to use the Websites terminates. We are entitled to terminate this Agreement for Pre-Pay Services subject to notice for due cause, or immediately where you are in breach of your obligations under this Agreement such as, but not limited to: where you are suspected of involvement in fraud. If your Account has a positive balance, you will be entitled to spend the remains of your balance for one hundred and eighty (180) day period after the last recharge event on your Account.

Restriction of Use

You must not resell or attempt to resell our Service (or any part of it) to any third party or attempt to exploit our Service for any commercial purposes. Neither you nor anyone else authorized by you may use the Pre-paid Top Up Service: fraudulently or in connection with a criminal offense; in an unlawful manner, in contravention of any applicable legislation or license; in a way that does not comply with any instructions that we have given to you; or attempt to use our Service for tampering, hacking, modifying or otherwise corrupting the security or functionality of the Pre-paid Top Up Service, and you must make sure that this does not happen. You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition, including, but not limited to, any claims made against us by any third party.

Infringement or Breach of the Agreement

We can suspend the Pre-paid Top Up Service or terminate this Agreement (or both) immediately if: you breach this Agreement; you infringe a Restriction of Use. We believe that the Pre-paid Top Up Service is being used in a way forbidden by this Agreement or any law or regulation; even if you do not know that the Pre-paid Top Up Service is being used in such a way; we determine that your Account has been inactive for one hundred and eighty (180) days; one or more than one payment resulting from your order of a topup cannot be collected successfully by us; payments collected successfully by us from your order of a topup are subsequently disputed by you or the payment processor; we receive an advice from your card issuer that the card is no longer valid; we may seek to recover any outstanding payments or payments that have failed collection for which you will remain liable. If we suspend the Pre-paid Top Up Service, it will not be restored until you satisfy us that the Pre-paid Top Up Service will only be used in accordance with this Agreement. If the Pre-paid Top Up Service is suspended because of a breach of this Agreement by you, this Agreement will still continue.

Security

In order to use the Top Up Service your email address or you mobile phone number will be used as username with a password. You are responsible for the security and proper use of all passwords and your user name relating to the Top Up Service and must take all necessary steps to ensure that all passwords are kept confidential, secure and are used properly. You agree not to divulge your password to any other person, and you agree not to use another person's user name or password. However, you may authorize additional users of your Account subject to them agreeing to be bound by the terms and conditions of this Agreement. If you give your password to another person, either in accordance with this provision or otherwise, you will be deemed to have authorized them to use that password for any and all purposes. You agree that we shall have no liability to you or any other person for any losses or damages that you or anyone else may incur if you disclose your password to any other person, including losses arising out of the re-disclosure of this information by the recipient to another person. You will be able to change your password. If you forget your password, got to the forgot password page. If we have reason to believe that there is likely to be, or has been, a breach of security or misuse of the Pre-paid Top Up Service we may: require change of your password; and/or suspend user names and password access to the Pre-paid Top Up Service, and notify you accordingly. You must inform us immediately if you believe that any password has become known to any other person or if any password is being or is likely to be used in an unauthorized way. You agree to update us immediately with any changes to the information you give to us during the Registration Process including any changes to your Account details.

Privacy Statement

General

We are committed to respecting and protecting your privacy. We value your trust and want you to understand how we protect, collect, store, use, and disclose your personal information. This Privacy Statement applies to information about you we obtain anytime you interact with us, for example, using the websites and all related websites, mobile and desktop applications, our authorized points of sales, with our merchants, over the phone services, and other services, and communications where this Privacy Statement is referenced, regardless of how you access, complete a transaction, contact us, interact or use them. Please, read this Privacy Statement carefully to understand what we do, what we share and whether you can limit this sharing. We want to ensure you are aware of our practices for collecting, using, disclosing, and processing personal information. We observe the provisions of the Swiss Federal Data Protection Act when collecting and processing personal information.

Scope and Consent

By using our websites, mobile and desktop applications, authorized points of sales, merchants and/or registering for an account, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Agreement. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in Switzerland.

Type of Information We Collect/Receive and Why

As is customary with many Internet businesses, we collect information that you provide to us or that we learn about you from your use and access of our websites, mobile and desktop applications, our authorized points of sales, merchants, over the phone services, other services and communications, to help us personalize, improve your experience and prevent fraud. When placing an order or using a feature or service, it is necessary to register and thus to disclose certain personal information. If you register for an account with us, you give us your personal information, and you are not anonymous to us.

Information Collected Automatically

When you use our websites, mobile and desktop applications, our authorized points of sales, merchants, over the phone services and other services or interact with our content or advertising, we automatically collect certain standard technical information sent to us by your computer and/or mobile device. Examples of this standard type of information include the type of Internet browser you use, the files you requested, the domain name and country from which you request information, your mobile phone number, and the beneficiary’s phone number. We use this type of technical information to improve our websites, to make our websites and services function correctly, and to better understand how visitors use our websites and services. As part of our efforts to protect consumers from fraud, this information is also used to authenticate you, if necessary.

Information You Give Us

We collect and store any information you enter or you provide to us in context of using our websites, mobile and desktop applications, telephone access numbers, authorized points of sales and merchants. This may include, but is not limited to: information you provide to us when registering for an account, including your name, email address, phone number, mobile telephone number, beneficiary’s phone number, your and the beneficiary’s physical address, as well as financial information, such as credit card, bank account numbers or electronic wallet credentials; any additional personal information we ask you to submit to authenticate yourself, for example, we may ask you to send us a photo ID, company registration documents, or utility bill to verify your information and your physical address, or to answer additional questions to help verify your identity; invoicing and other information you provide to purchase a product or service from our websites, mobile and desktop applications, telephone access numbers, through our authorized points of sales or merchants; transactional information based on your activities on our websites, mobile and desktop applications, telephone access numbers, through our authorized points of sales and merchants; personal information provided in the context of customer support, dispute resolution; messages through our websites and applications or messages sent to us; additional information you may provide to us via social media websites or services.

Information from Other Sources

We may also obtain information about you from reputable reference sources, vendors, and clearinghouse services as part of verification processes or your product use in order to better understand how you may benefit from our products and services.

Social Media Websites

Our automatic sign-on services allow you to use third party login credentials to access our websites, mobile and desktop applications, and to share information with third party social media websites such as Twitter, Facebook, Google Plus, and similar sites or services. You may opt to provide us with access to certain personal information stored by such third party websites and related to you. The personal information we have access to varies by websites or applications and is controlled by your privacy settings on that websites or applications and your consent. By associating an account managed by a third party with your account and authorizing us to have access to this information, you agree and understand that we may collect, use and store information from these websites or applications in accordance with this Privacy Statement.

How We Use It & Who We Share It With

The information we collect is to provide you with access to our websites, mobile and desktop applications and services, provide you with requested customer assistance and a customized experience. Except as described in this Privacy Statement, we won’t disclose your personal information to a third party without your consent. You agree that we may use your personal information to: provide you with the requested services, access to our websites, mobile and desktop applications, as well as the customer support you request; enhance fraud prevention, detection, and investigation, monitor against theft, security breaches, potentially prohibited or illegal activities, to enforce our Terms of Service and otherwise protect you and our business; measure, customize and improve the effectiveness of our services, content, mobile & application experience, and marketing efforts; compare information for accuracy, and verify it with third parties service providers with whom we have contracted to perform services on our behalf. For example, but not limited to, complete a transaction you authorized, fraud investigations, websites, mobile and desktop applications operations. All companies that act on our behalf are contractually obligated to keep the personal information we provide to them confidential and to use the personal information we share only to provide the services we ask them to perform. The third parties called on may be located abroad and the data may be processed outside Switzerland; contact you, either via email, on any telephone number or by mobile messages, to resolve disputes, collect fees, deliver PINs, newsletters, receipt messages, and troubleshoot problems with your account or our websites, mobile and desktop applications, and services or for other purposes authorized by law; conduct research and analysis, including surveys and focus groups; send marketing communications and other information regarding products, services and promotions; perform other business activities as needed, or as described elsewhere in this Privacy Statement; to assist relevant national, state and local law enforcement, this may further share the personal information, and respond to subpoenas; other businesses, if some or all of our business assets are sold or transferred; we generally would transfer the corresponding personal information regarding you. We also may retain a copy of that personal information.

Mobile & Computer Applications

Our applications for mobile or computer allow you to interact and purchase services and products from us, check product availability, learn about promotions, or receive other information. When you download or use our applications, we may receive personal information about your location and your mobile device and/or computer unique identifier. We may use this personal information to provide you with location-based services. If you have questions about location for your device, please contact your manufacturer or service provider to learn how to adjust your settings. All information collected by us from our applications is protected by this Privacy Statement.

Location Based Services

To personalize your experience, certain services or features can use information about your location to prevent fraud or to provide personalized promotions and services that are accessible only if we know your location. For example, some of our payment methods rely on your location to be activated.

Accessing Personal Information

You can view or edit some of your personal information online after you have signed in your account on our websites. We will not use or share the personal information you provided to us in ways that do not comply to the ones listed in this Privacy Statement without informing you and offering you a choice as provided for by applicable law. You can opt-out of all types of marketing communication entirely by following the directions provided within the applicable message. You cannot unsubscribe from administrative notifications you receive from us when using our services, websites or applications, including but not limited to: notifications of Terms of Service change, notifications of Website Conditions change, notification of Privacy Statement change, account related email and SMS notifications, updates on service maintenance and billing statements. You will be able to withdraw your consent to our collection, use, or disclosure of your personal information at any time, subject to legal or contractual restrictions, by sending us an email or using the “Contact Us” form on our website. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide our services, websites and applications. Note also that where we have provided or are providing services to you, your consent will be valid for so long as necessary to fulfill the purposes listed in this Privacy Statement or otherwise at the time of collection, and you may not be permitted to withdraw consent to certain necessary uses and disclosures (for example, maintaining reasonable business and transaction records). You will have the right at any time to correct, block or delete any personal information we have saved concerning you. If there are any legal, commercial, contractual or tax reasons to oppose deletion of personal information, in particular legal data retention periods, the personal information will be blocked rather than deleted. To do so, you can contact us by email or by post at CY.TALK SWITZERLAND S.A. Privacy Officer, 7, Place du Rondeau, 1227, Carouge, Geneva, Switzerland. We recommend sending us confidential information by post rather than by email. If you have any questions concerning information privacy or you require any further information, please do not hesitate to contact us at the above address. You may also request copies of your personal information held by us. We will provide you with a copy of the personal information held by us as soon as practicable and in any event within not more than 60 days of your request in writing. Reimbursement for costs may be required in responding to requests for information. These fees apply on a per account basis. Additional fees may be charged for costs incurred in responding to burdensome or unusual requests. We may absorb these fees at our own discretion if they involve harm to you or emergency requests. We will also take reasonable steps to verify your identity.

Browsing

We may offer links to other websites. If you visit one of these websites, you may want to review the Privacy Statement on that website. In addition, you may have visited our websites through a link or a banner advertisement on another website. In such cases, the websites you linked from may collect personal information from people who click on the banner or link. You may want to refer to the Privacy Policies on those websites to see how they collect and use this information. We also may retain a copy of that personal information.

Cookies, Web Beacons and Similar Technologies

Like most other websites, we use cookies. A cookie is a small text file that contains information that a website stores on your computer and which it can later retrieve. Cookies, web beacons and similar technologies allow our servers to anonymously compile usage information to generate statistics about the general operation and use of websites. Cookies may also be used to recognize you as a returning websites visitor or our consumer, and for a faster and safer experience. We also use Cookies to identify you as a valid user who has logged into our websites, so that you will not be forced to re-enter your password multiple times while using our websites. Cookies may also be used for advertising purposes. We encourage you to review your computer setting to ensure your Cookie preferences are properly configured, such as warning you before accepting a Cookie or blocking unwanted Cookies. If you are uncomfortable with the use of cookies, you can set your browser to refuse cookies. Certain of our services, however, could be dependent on cookies and you may disable entirely or partially those services by refusing cookies. Because cookies allow you to take advantage of our features, we recommend that you leave them turned on. We may work with third-party providers, who are authorized to place third-party cookies, web beacons, or similar technologies for storing information on our websites or in our services and applications, with our permission. These service providers help us to enhance your experience.

Electronic Communications

When you visit the Websites or send emails to us, you are communicating with us electronically. We may respond to you by email or by posting notices on the Websites. You agree that all such notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Practices of Third Parties

Our websites, mobile and desktop applications may contain links to third party websites. Please, be aware, however, that we are not responsible for and cannot control the Privacy Statements of these other websites or their practices. We encourage you to read the Privacy Statements for these other websites, as they may differ from ours. This Privacy Statement applies solely to personal information collected by us. We are not responsible for the content or information practices used by other websites that are linked to or from our websites, mobile and desktop applications. In most cases, links are provided as pointers to information or services that may be useful to you. These websites are governed by their own Privacy Statements and you are encouraged to review their Privacy Statements before providing them with personal information.

Linking to the Websites

You may create links to the Websites from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent our written authorization otherwise, a website that links to the Websites: may link to, but shall not replicate, any Materials (including any our logo); shall not create a browser or border environment around any Materials; shall not imply that we endorse such website or any products, services, or content available through such website; shall not misrepresent its relationship with us; shall not present false or misleading information about us, its products, or its services; shall not contain content that could be construed as distasteful, offensive, or controversial; and shall contain only content that is appropriate for all age groups.

Data Security

Based on Article 13 of the Swiss Federal Constitution every person has the right to privacy for their mail and telecommunications and the right to be protected against the misuse of their personal data. The information collected and stored by us will be treated as confidential and is protected by means of appropriate technical and organizational measures against loss and alteration as well as against unauthorized access by third parties. We use industry standard methods and security measures to safeguard the information we collected. The access to this information is restricted to employees and service providers that need to require access, as described in this Privacy Statement. Login information will be sent in encrypted form between your computer and us.

Use by Children

Our websites, mobile and desktop applications, and our services are not for use by children under the age of 18. We will not knowingly collect personal information from children without the consent of a parent or legal guardian. If we become aware that an individual is under the age of 18 and has submitted any information to us for any purpose without prior verifiable parental or guardians consent, we will delete his or her information from our files.

Acquisitions, Mergers, and Bankruptcy

If we should ever file for bankruptcy or merge with another company, or if we should decide to buy another business, or sell or reorganize part or all of our business, we may be required to disclose your personal information to prospective or actual purchasers and other parties. It is our practice to obtain appropriate protections for information disclosed in these types of transactions. We cannot, however, guarantee that our Privacy Statement will remain unchanged if we are sold or merge with another company.

Privacy Statement Revisions

We may amend this Privacy Statement at any time by posting the amended terms on our websites, mobile and desktop applications, and authorized points of sales. Because we continue to develop our websites, mobile and desktop applications, and authorized points of sales and take advantage of technologies to improve the services we provide, we will regularly review our Privacy Statement. As a result, this Privacy Statement may change from time to time in the future. You agree to revisit this page regularly and your continued use of our websites, mobile and desktop applications, authorized points of sales and services indicate your acceptance of the changes. Our websites, mobile and desktop applications, and authorized points of sales will always contain the most current Privacy Statement.

Contacting us

Should you have further questions regarding our Privacy Statement, you can contact us directly at the address below:
CY.TALK SWITZERLAND S.A.
Privacy Officer
7, Place du Rondeau
1227 Carouge
Geneva - Switzerland
By email.

Force Majeure

Where events, circumstances or activities outside of our reasonable control result in any delay, interruption or failure to provide our Services to you, we are not be liable to you. This includes but is not limited to: Network failure, failure of third party networks, services suspension dictated by our Network supplier in order to carry our repairs, maintenance or updating, or where we are required by lawful authority to interrupt our Service and where required by law or in order to protect you against any possible harm.

Modifications

We reserve the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms of Service and to impose new or additional rules, policies, terms, or conditions on your use of our Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and incorporated into the Terms of Service. Notwithstanding the preceding two sentences, in the event any such Additional Terms materially alters your rights hereunder, we will attempt to notify you such as through a message sent to the email address you provided upon registration or a popup window when you log in to the Websites, such modified Terms will be effective upon the earlier of your use of our Service with actual knowledge of the changes or seven (7) days after the changes are posted to the Websites, and no modifications to these Terms will apply to any dispute between you and us that arose prior to the date of such modification. Your continued use of our Service following the posting of the Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

Exclusions and Liability

Our Products and Services are offered on an “as is” basis, and we make no express or implied warranties with respect to our Services, Products and/or any Content whatsoever (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in the Agreement. You also recognize that our Service may, from time to time, be adversely affected by events outside our control, including without limitation congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection. If the supply of our Services and Products is prevented or delayed by any act or omission caused by you or any third party, we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from any such prevention or delay. In any event our liability to you under this Agreement shall not exceed EUR100 (one hundred) in all circumstances. Nothing in these terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these terms affects the statutory rights of you as a consumer. We are not liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in the Agreement, negligence or tort, including without limitation to any losses in relation to: the deletion, with or without notice or cause, of any of your data or information stored on the Product and/or Services; your use of, reliance upon or inability to use our, Product, Services and/or Content; any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or failure, suspension or withdrawal of all or part of the or Product and/or Services at any time; or the removal from the Product and/or Services of any material sent or posted by you on or via our Services and/or the blocking or suspension of your access to our Services or any part thereof in accordance with the Agreement.

Your Remedy

If you are not fully satisfied with any part of our Services and/or Products, or this Agreement after it is amended, your sole and exclusive remedy is to discontinue using our Services, or where you have paid us for any element of our Services and/or Product, to seek a pro-rata refund as outlined in the Agreement for the cost of that element which has caused dissatisfaction. You are not entitled to a refund where we have suspended or terminated your access to our Services or Products as a result of breach of the Agreement by you.

Disclaimer of Liability for Damages

The Websites are provided “as are” and “with all faults” and the entire risk as to the quality and performance of the Websites is with you. Should the Materials or Services prove defective, you, and not we, assume the entire cost of all necessary servicing and repair. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, with respect to the Websites (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, we make no warranty that the Websites will meet your requirements or that the Websites will be uninterrupted, timely, secure, or error free or that defects in the Websites will be corrected. We make no warranty as to the results that may be obtained from the use of the Websites or as to the accuracy or reliability of any information obtained through the Websites. No advice or information, whether oral or written, obtained by you through the Websites or from us, our parents, subsidiaries, or other affiliated companies, or our or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “Parties”) shall create any warranty. We disclaim all equitable indemnities.
This Agreement is governed by Swiss law, as well as the relationship between you and us. Our total liability under this Agreement will not exceed the service charges for the affected period. You shall defend, indemnify, and hold harmless us and our employees and management as well as any affiliated parties, as well as any other service provider who furnishes services to you for us, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorney fees) by, or on behalf of, you or any third party or user of our Service, relating to our Services or devices. You are liable for all liability that may arise from the content you transmit to any person, whether or not you authorized it, using your service or devices. You promise that you, and anyone who uses your service, will provide content that comply at all times with all laws, regulations, written and electronic instructions for using our Service and the devices. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. We reserve all of our rights at law and equity to proceed against anyone who uses our Services or devices illegally or improperly. All our determinations com under these Terms of Sale are made and done in our sole and absolute discretion. The provisions of this Agreement by their sense and context are intended to survive the termination or expiration of this Agreement. If you are not a party to this Agreement, you do not have any remedy, claim liability, reimbursement, or cause of action. This Agreement does not create any other third party beneficiary rights.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Party’s liability shall be the minimum permitted under such applicable law.

Intellectual Property Rights

Any and all our names, trademarks, copyright, brands and logos belong or are licensed to us as Intellectual Property (“IP”) and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy our names, trademark, pictures, brands and logos, or copy any of our manuals or documentation. We grant you as a user a revocable, non-transferable and non-exclusive right to use the IP related to the Products and Services provided by us strictly for the proper use of our Services or Products, in accordance with, and for the duration of, the Agreement. We or our licensor fully retain the rights to all corresponding IP rights. If you infringe the IP rights of third parties and we are held liable, you shall hold harmless and indemnify us in full against any such claims.

Entire Agreement

This Agreement, including any future modifications to its terms, informational support for services found on the Websites, constitutes the entire Agreement between you and us. This Agreement governs your use of our Services and the use of our Services by anyone who has access to our service. This Agreement supersedes any prior agreements between you and us. It also supersedes all prior or contemporaneous statements, understandings, writings, and commitments. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The original English version of these Service conditions may have been translated into other languages. The translated version is a courtesy only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these Service conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.< h3>Modifications to these TermsWe may, in its sole and absolute discretion, change these terms from time to time. We will post notice of such changes on the applicable Websites. If you object to any such changes, your sole recourse shall be to cease using the Websites. Continued use of the Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these terms and to supersede the provision(s) of these terms that are designated as being superseded.

Severability

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Governing Laws

This Agreement shall be governed by and construed and interpreted in accordance with the Laws of Switzerland and the parties hereto agree to submit to the exclusive jurisdiction of the Swiss Courts in Geneva.