Terms & Conditions

If you object to any of the terms and conditions of this Agreement or any subsequent modifications to them, or become dissatisfied with your use of the Applications or Services in any way, you may: a) discontinue your use of the Applications and/or Services; and b) close your virtual account (“Account”) by notifying us in writing by email or otherwise (see contact information below). No other remedy, legal or otherwise, is available to you save for a) and b) mentioned above.

Introduction

The provision of services (including the facility to purchase prepaid mobile and/or data airtime (“Top-up”) and prepaid vouchers (“Vouchers”) together, the (“Products”)) (“Services”) to you through the websites www.gettopup.co  and any associated Recharge-Mobiles mobile applications, present or future (together, the “Applications”) and your use of the Applications is subject to your acceptance of these terms and conditions (“Agreement” or “Terms”). By using the Applications, you expressly agree to be bound by these Terms.

Information About Us

The Applications are operated, and the Services are provided, by 12353661 Canada Inc t/a Recharge Mobile (“Recharge Mobile”, “we” or “us”). Recharge Mobile is incorporated in Canada and has its registered office in Toronto You can contact Recharge Mobile using the contact information set out at Section 26 below.

Registration

To use the Services, you may elect to register for an Account. You can do this by filling out the appropriate information on the registration screen on the relevant Application. Upon registration you will be given an Account. When registering you may supply personal information, including your email address or phone number and financial information. You may also choose a password.

All data you provide to us as a customer will be treated in accordance with our Privacy Notice.

You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.

You are entirely responsible for all activities which occur when using your email address, phone number and/or password (“Login Details”) in relation to your Account, including unauthorised use of your Account or any payment method including debit or credit card. You must not disclose your password, whether directly or indirectly, to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details at customer care section below if you become aware of any unauthorised use of your Login Details.

Login Details may only be used by a single user and are not transferable.

Please note that your Login Details may be used on all Applications. These Terms will apply to the use of Services on any of the Applications.

If you are under 16 years of age, you represent to Recharge Mobile that you have obtained a parent/guardian's consent and that your parent/guardian has reviewed and agreed to this Agreement prior to using the Applications. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorised to accept this Agreement on behalf of that employer, company or entity.

Your Data

Recharge Mobile will comply with all of its obligations under applicable data protection law with regard to relevant data in its possession relating to you.  Data collected by us as part of the Services will be treated in accordance with our Privacy Notice and Cookie Policy.   These documents set out how we use and protect the information you provide to us.  We recommend that you read the Privacy Notice and Cookie Policy. carefully.

Use of Services and Cost

You agree to use the Applications and Services solely in accordance with these Terms and to comply with applicable law and the provisions set out in these Terms.

You may not use the Applications or Services: (i) in violation of any law, statute, rule or regulation; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral or indecent activities; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services shall only be provided to you by Recharge Mobile in respect of the mobile phone operators and other service providers available on the Applications (which are subject to change and availability).

You will be required to input certain information (e.g. a receive mobile phone number or email address) in respect of the Services or the Applications. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-up and Vouchers, you will then be required to select the amount of Top-up that you wish to be delivered or the value of the Voucher you wish to purchase.

The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Applications before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional. In the case of Top-up and Vouchers, the cost will vary depending  on the amount of Top-up that you wish to send or the value of the Voucher that you wish to purchase according to the denominations displayed on the Applications. If the Top-up you purchase is to be received in a different currency to the currency of your chosen payment method, the payment amount will be subject to the applicable FX rate on the payment date and an airtime conversion fee will be applied. You may also be charged a secure online processing fee in respect of any Product you purchase through the Applications. If you choose to send an optional SMS to the recipient of Top-up, an additional message fee for this may apply.

Products are provided by Recharge Mobile upon successful payment by you. Occasionally, there may be a short delay before the relevant third party delivers the Product to the recipient. Where contact details have been provided, we will send you a confirmation email or SMS which contains details of the Services as soon as your transaction has been successfully completed. In the case of Top-up or Vouchers, you agree and understand that Recharge Mobile only acts on your authorisation to send the Top-up or Voucher and the relevant third party shall be solely liable to you and the recipient, where applicable, for the provision of the services related to the Top-up or Voucher. Once a Top-up or Voucher is sent, it can be used immediately and therefore it cannot be refunded or removed. To avoid Products being provided to the wrong phone or email address, Recharge Mobile asks you to confirm, where applicable, that the recipient details you have entered are correct.

You acknowledge that you will lose the right to cancel the Services once they have been fully performed by Recharge Mobile. Accordingly, you will have no right to request a refund under the Canada (Consumer Information, Cancellation and Other Rights) Regulations 2010. Please note that the Applications limit the number and value of Products that can be purchased or received, including over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Applications and the purchase of Products may be applicable from time to time.

Your Instructions

You shall ensure that all instructions provided to Recharge Mobile through the Applications are accurate, complete and true. In particular, the mobile phone number or email associated to a permanent access account, to which any Top-up is to be credited must be correctly identified. You shall ensure that any instructions which are relayed back for confirmation are correct, accurate and true. All confirmed instructions are final and binding upon you. Recharge Mobile and/or its service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such inaccurate information prior to final confirmation.

Transactions Using Your Chosen Payment Method

You may purchase Products through Recharge Mobile’ Services using Visa, MasterCard, AMEX, or PayPal or any other payment methods available on the Applications from time to time. Any credit card, debit card or other payment method which may be used on the Applications must have a valid billing address and valid issuing bank or other payment services provider.

Upon receipt of a proper and complete request from you for Services, Recharge Mobile will charge the payment method provided by you and will forward an electronic request to the relevant third party provider (e.g. mobile operator or issuer of Voucher) to provide the Products in the amount transferred, for the benefit of the recipient nominated by you.

You authorise Recharge Mobile to act upon any instruction to charge the payment method provided by you through the Applications which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Applications. Recharge Mobile is not required to undertake any additional authentication or identity verification measures other than those required by applicable law or as Recharge Mobile deems appropriate and sufficient to protect against fraud or money laundering and to maintain the security and proper use of the Applications to comply with any internal policy. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.

Recharge Mobile shall accept liability for the non-execution or defective execution of Services purchased through the Applications, subject to your adherence with these Terms, the proper use of the Applications as instructed by Recharge Mobile, and the absence of any misrepresentation, fraud or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services.

Promotions

From time to time, Recharge Mobile or partner service providers will run promotions on the Applications. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Applications. Recharge Mobile is not responsible for promotions run by partner service providers and you must make your own inquiries with the relevant service providers directly before availing of, and relying on, the terms and conditions of any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you.

The equipment and devices necessary to access the Applications shall be provided and be maintained by you solely at your expense. If you access the Applications through a mobile device you may be charged by your mobile service provider for internet access on your device.

You can download the mobile applications from the app stores free of charge. You are solely responsible for ensuring that you download any subsequent updates to the mobile applications from the relevant app store.

Recharge Mobile reserves the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the Applications.

You acknowledge that compliance with these Terms is designed to minimize the risk of unauthorized use of the Applications and harm to you, Recharge Mobile or others, and therefore you are required to strictly adhere to these Terms. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages to Recharge-Mobiles or any third party as a result of your failure to adhere to these Terms.

Third Party Services and Information

Some of the Services which may be offered for sale, through the Applications or through other services that Recharge Mobile  may offer you, may be submitted, created, provided or developed by third parties.

Recharge Mobile will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. Any Vouchers purchased through the Services will have their own terms and conditions, including applicable expiry dates and any other applicable restrictions and requirements. Recharge Mobile advises you familiarize yourself with any such terms and conditions before purchasing any Vouchers through the Services. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services referred to on the Applications. Service providers are fully responsible for all aspects of their Products.

Withdrawal of Services

These Terms apply to every Product you purchase through the Applications.

Recharge-Mobiles may disable your Account and suspend or withdraw the use of the Applications and/or the Services provided through it:

(i) upon reasonable prior notice to you; (ii) immediately upon breach by you of these Terms or where Recharge Mobile reasonably believes you are in breach of these Terms; (iii) immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. Recharge Mobile reserves the right to commence debt collection actions within the bounds of the law under these conditions; (iv) immediately if Recharge Mobile reasonably believes that you have used the Applications and/or Services (a) in violation of any law, rule, statute or regulation; or (b) in connection with, or in any manner that encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by Recharge Mobile from time to time.

These Terms do not have a minimum or finite duration and will continue to be binding on you for so long you as you have an Account with Recharge Mobile. You may cease using the Applications or Services and/or close your Account at any time without reason by giving Recharge Mobile written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.

Recharge Mobile  reserves the right, acting reasonably, to refuse to process or cancel any transactions following termination of this Agreement or suspension or withdrawal of the Services. Recharge Mobile is not responsible for any loss you may incur as a result of any transaction not being prany notice required to be given by Recharge Mobile to you in connection with the subject matter of these Terms may be given accessed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

Your Contribution

Where you send Recharge Mobile any feedback, suggestions, ideas or other materials in relation to or via the Applications or the Services provided, you agree that Recharge Mobile can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction, subject to Recharge Mobile's obligations as provided under the Privacy Notice.

Variations of the Terms

Recharge Mobile reserves the right to modify, amend or vary these Terms for commercial or legal purposes. Any such variation shall become effective and shall be binding upon you fourteen (14) days after notice of such variation has been sent to you by any of the following means: email or by posting a message on the Applications. You shall be entitled, upon receiving notice of any alteration to these Terms, to immediately cease using the Services and/or the Applications and/or close your Account by notifying Recharge Mobile in writing but without prejudice to your liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen prior to the closure of your Account.

Links to other Websites

Save where expressly provided, any notice required to be given by you to Recharge Mobile in connection with these Terms shall be given in writing and sent by email to support@gettopup.co.

Save where expressly provided, any notice required to be given by Recharge Mobile to you in connection with the subject matter of these Terms may be given by email by posting a message on the Applications.

With your permission, Recharge Mobile may from time to time contact you to keep you up to date about Recharge Mobile’s Services including new products, campaigns and promotions. For further information please review our Privacy Notice.

Notices

Access to and use of the Applications is at your own risk and Recharge Mobile does not represent or warrant that the use of the Applications or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.

Some pages on the Applications may link to websites or applications not created or maintained by Recharge Mobile. You are hereby adequately notified and forewarned that when entering other websites or applications via such links, the terms and conditions, benefits, and privacy protections afforded by our Applications will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or applications. Recharge Mobile is not liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.

Intellectual Property Rights

For the purposes of these Terms “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

You may only download, use, view and display the Applications (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Applications are owned by Recharge Mobile or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Applications (including any graphics or trade marks) in any form is prohibited without Recharge Mobile’s prior consent, other than that which you are authorized by Recharge Mobile to print or download for personal, non-commercial use.

Recharge Mobile owns all Intellectual Property Rights that exist in the words “Recharge Mobile”, and in any accompanying logo. Recharge Mobile also owns all Intellectual Property Rights in the domain names www.gettopup.co  takes cyber-squatting very seriously. Please notify any suspected incidents to support@gettopup.co

Suspension of Services

In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Applications or the Services, or where there is a real or potential security risk, Recharge Mobile shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Applications or your Account for such reasonable period as may be required to remedy, address or resolve the issue. Recharge Mobile may also suspend access to the Applications and/or your Account and/or Services as required for maintenance (whether emergency or planned) or upgrade work. Without prejudice to Recharge Mobile’ rights, you further agree and acknowledge that your access to the Applications and/or your Account and/or Services may be immediately suspended where Recharge Mobile reasonably believes that you have used the Applications and/or Services (a) in violation of any law, rule, statute, or regulation; or (b) in connection with, or in any manner than encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by Recharge Mobile from time to time. In the event of such suspension, Recharge Mobile may reinstate access to your Account and recommence providing Services to you at its sole discretion.

Force Majeure

Recharge Mobile shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond Recharge Mobile’ control.

Security, Maintenance and Availability

You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorized persons or delivered incorrectly. As a consequence, Recharge Mobile cannot guarantee the privacy or confidentiality of communications via such media although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communications.

From time to time it may be necessary to or desirable for security reasons, maintenance (whether emergency or planned), upgrades or other reasons to:

  • make certain or all of the Applications or Services unavailable to you; and/or
  • delay implementation of any new Services; and/or
  • withdraw, replace or reissue your password; and/or
  • change authentication procedures or processes for accessing the Applications or the Services,

while using reasonable endeavors to minimize any inconvenience caused.

You acknowledge and agree that these events may occur and that Recharge Mobile bears no liability when such events occur. Where Recharge Mobile changes authentication procedures for accessing the Applications or the Services therein, notwithstanding any other terms of this Agreement, Recharge Mobile may introduce these procedures by giving instructions to you via the Applications in respect of which such procedures are being introduced.

Governing Law

These Terms, the Applications and the provision of Services will be governed by the laws of Canada If any claim or dispute arises from, out of or in connection with these Terms and/or your use of the Applications or any Services, you agree that the courts of Canada will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable legislation.

Severability

If, at any time, any provision of these Terms (or any part of a provision of these Terms) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of these Terms (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

Waiver

Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on Recharge Mobile’ part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you.

Customer Care & Contact Information

If you have any questions about these Terms or any complaints, or require any assistance with the Applications or the Services, we are always here to help. You can get in touch with us 24 hours a day, 365 days a year using one of the options below. Complaints can also be made via the Canadian  Online Dispute Resolution platform, available here.

Email us: support@gettopup.co