Terms of Service
Last updated on November 26th, 2019
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-618.104.22.1685-7, 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.
This agreement governs both our Service and any our approved or provided devices used with our Services.
Before you may become a user of our Service, you must read and agree to be bound by our Terms of Service, including thePrivacy Statement, additional policies and terms found on the Website such as Frequently Asked Questions section of the Website, which are all incorporated by reference (“the Agreement”).
By accepting this Agreement, 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, applications, 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 Website, Services, applications or tools. If you do not agree to be bound as required herein, then you cannot use our Service.
The cysend.com website (“the Website”) is provided solely for our current and potential users to purchase (“the Service”) digital goods (“the Products”) from cysend.com and may not be used by any other person or entity, or for any other purpose.
We are a Reseller Only. The Products that you purchase through our Services are issued and activated by participating third-party retailers and Suppliers. The purchase of each Product is governed by certain terms and conditions established by the issuing Supplier. You are responsible for checking the terms and conditions of the product prior to purchasing it. Suppliers can change their Terms and Conditions at any time without prior notification, it is your responsibility to check and abide to the terms and conditions of the Product. We are under no obligation to notify you from any changes of Supplier Terms and Conditions. We are not responsible and do not offer any warranty if the changes of the Supplier's Terms and Conditions affect, but not limited to, your business or work conditions.
Suppliers may set expiration dates for Products, in addition to other restrictions and requirements depending on the applicable law of your jurisdiction and the promotional nature of certain Products.
It is important that you review and familiarize yourself with all applicable Supplier terms and conditions prior to purchasing any Products. If you have questions regarding the applicable Supplier terms, please contact the issuing Supplier.
As issuers of the Products, Supplier (and not us) are fully responsible for all aspects of their Product.
Suppliers are also responsible for any and all liabilities and costs suffered by you or any other customer caused, directly or indirectly, by such Suppliers or their products or services.
We are not responsible for and do not offer any warranty regarding the quality, accuracy, timeliness, reliability or any other aspects of products or services from Suppliers. You release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any damages that you incur and agree not to assert any claims against us arising from your use of products or services from Suppliers.
While we strive to work with reputable Suppliers, we have no liability for the sale of the Products and do not offer any warranty regarding the quality, accuracy, timeliness, reliability or any other aspects of the Product to you by a Supplier through the use of any Product or for any Supplier’s failure to honor a Product, and you will need to look solely to such Supplier for any remedy in connection with the foregoing. You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Supplier in connection with a Products it provides.
Further, neither we nor any Supplier is responsible for lost or stolen Products.The Products you are buying are originally provided by our Suppliers.
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 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, problems with the Supplier or maintenance issues. The Service might be adversely affected if too many people try to use the Network at the same time, we do not warrant that ongoing product delivery will be completed.
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 Service will function.
We reserve the right to refuse a purchase 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 purchase is delayed for manual verification and/or processing or could be declined or refunded if deemed appropriate by our internal security team. At our sole discretion, we may refuse to provide any part of our Service to you.
Product denominations may be added or removed at any time without prior notice.
Fees and costs can change at any time without prior notice and depend on the evolution of the commercial conditions, including but not limited to, currency exchange rate, purchase conditions or payment service providers' charges.
You can use the Service to buy Products from your cysend.com user Account (“Account”) as follows:
When a payment is processed immediately and confirmed, the credit will be sent usually within seconds although this may take up to twenty-four (24) hours. We shall not be responsible for any delay or failure to provide the Service for reasons beyond our control, such as but not limited to the clause Website Policies.
When a Product is purchased, you will be unable to cancel the purchase. You are responsible for entering the correct beneficiary data, including but not limited to, beneficiary account name and/or mobile phone number, delivery address, and bear all charges that result from the purchase of this Product. We are not responsible for any purchase of a Product for an incorrect beneficiary mobile number or account name. All purchases are final with no refund or exchange permitted.
Availability and Quality of Service
The Service may be accessed by logging on to www.cysend.com. Service is subject to Account approval at our sole discretion. We will use Our best efforts to provide access to the Service 24 hours each day, 7 days per week. Except as provided in clause Maintenance & Upgrades, we will not be liable to You for interruptions to the Service.
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 reserve the right to ask any third party for assistance.
In order to use the Service your email address 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 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 Service we may:
- require change of your password;
- and/or suspend user names and password access to the 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.
We use secure server software uses industry-standard Secure Socket Layer (SSL) encryption technology. SSL encodes your personal data, including payment information, as it travels over the Internet so that all transactions are secure.
You will cooperate with all reasonable requests made by us relating to the provision of our Services to you.
By registering on the Website, you are obliged to provide very accurate and up-to-date information as prompted by our registration pages, maintain and immediately update your online profile information to keep it accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account.
For regulatory compliance and security, 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.
You must be at least 13 years of age to use our Service. We reserve the right to refuse Service to anyone at any time without prior notice for any reason.
If you breach any of your obligations, your Account will be terminated and will you lose all your rights and your 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.
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.
In order to Delete your Account, you can do so from your profile page. Once your Account is deleted, it will first be deactivated for 14 days. If you log in during that period you will have the choice to reactivate your account. If the 14 days deactivation period finishes, the account cannot be reactivated and will not be accessible. It might take us up to 90 days to completely delete your account. When the legal withholding time expires all data will be deleted.
Billing and Payment
By purchasing any Product, 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.
All purchases are final and non-refundable regardless of who does the purchases, and regardless of whether the purchases were 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 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 there are changes in tax rates or other duty rates, it entitles us to change our rates immediately and without any prior notice, you will not be entitled to any refunds.
The availability of our Services and/or rates may vary from country to country.
We are not responsible for your payment method delaying or denying a payment. Where a payment is declined, You will be responsible for any additional fees and charges.
We reserve the right to charge for our free of charges services or for any abuse of our free services. Such charges will be disclosed to you prior.
Your billing is based on the Website 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 the Service. 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.
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 canceled or replaced because of loss or theft.
Prior to delivering our Service we charge our Service amount to your selected payment method then try to perform our Service as stated in this Agreement.
If the delivery of our Service shall fail for any reason the amount charged on your payment method will be added to your Account minus the payment method fees.
You can then dispose of this amount to purchase Services or request a refund from us.
An email or SMS will notify you of charges your Account is incurring. You can see all your billing reports on the Website. If we disconnect your Service, you will remain liable to us for all charges under this Agreement and all the costs we incur to collect these charges, including, without limitation, collection costs and attorney's fees.
Certain areas of the Website (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, (“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 the Content that you submit, subject to the Privacy Statement, 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 may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website 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 Website 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.
By submitting any User Submission, you represent and warrant that:
- Your User Submission and use of your User Submission does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- You agree to pay for all royalties, fees, and any other monies owed by reason of your User Submission on or through the Service;
- You have the legal right and capacity to enter into this Agreement in your jurisdiction.
- 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;
- 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.
Use of the Website
Except as set forth below, we authorize you to use the Website only for your own personal, non-commercial purposes.
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 Website. The Website is protected under Swiss and international copyright laws. Any unauthorized use of the Website may violate copyright, trademark, and other laws.
Modifications to the Website
We reserve the right to modify, suspend, or discontinue the Website at any time without prior 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 Website may refer to Products, or Services that are not available in your country. Consult your local cysend.com business contact for information regarding the Products, and Services that may be available to you.
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.
Restriction of Use
The Service is destined to an end consumer. 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 unless you sign up as a merchant from our business section. If you do use the 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 Service is faulty or cannot be used by them.
You agree not to use the Website (including, without limitation, any Materials or Services you may obtain through your use of the Website):
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;
to stalk, harass, or harm another individual;
fraudulently or in connection with a criminal offense;
to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
attempt to use our Service for tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, and you must make sure that this does not happen;
Holding multiple accounts in order to bypass account, transaction, or amount limitations will result in immediate termination of all accounts;
or to interfere with or disrupt the Website or servers or networks connected to the Website.
You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, 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).
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 Service or terminate this Agreement (or both) immediately and without prior notice if:
- you breach this Agreement;
- you infringe a Restriction of Use;
- one or more than one payment resulting from your purchase that cannot be collected successfully by us;
- payments successfully collected by us from your purchase that are subsequently disputed by you or the payment processor;
We may seek to recover any outstanding payments or payments that have failed collection for which you will remain liable.
If we suspend the Service, it will not be restored until you satisfy us that the Service will only be used in accordance with this Agreement.
If the Service is suspended because of a breach of this Agreement by you, this Agreement will still continue.
You are entitled to terminate this Agreement at any time by informing us. If you do not use our Service for a period of 365 days, this Agreement will be deemed to be terminated by you, and our Service will be discontinued. Upon termination, your right to use the Website terminates.
We are entitled to terminate this Agreement for 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 remainder of your balance for one 365 days period after the last authorization event to your Account.
Except as set elsewhere; we may terminate, suspend, or modify your registration with, or access to, all or part of the Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Website at any time. If you breach any of these terms, your authorization to use the Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
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 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 this Agreement 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 Agreement.
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 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 Service 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 Materials; 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.
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, 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 Website, 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.