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-6220.127.116.115-7,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 subscribing to or using our Service, you agree to these Terms of Service, 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 Services 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.
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 Services 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 Services 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 funds to and all charges that result from those transfers. We are not responsible for any transfer of funds to an incorrect mobile number. You must ensure that the prepaid mobile number to recharge you entered is accurate. All transfers of funds are final with no refund or exchange permitted. We shall not be responsible for any delay or failure to provide the TopUp 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. 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. Users 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.
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"). Funds are 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 funds purchased must be handled directly between you (or the recipient of the funds) 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.
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.
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.
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.
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. Users are required to notify us if they 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 cancelled 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.
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.
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.
Refer to our Privacy Statement
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.
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.
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
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 andour 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.
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.
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.
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.
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.