Please read the following information carefully before accessing or using the services. By using the site and services you indicate your agreement to be bound by the terms and conditions set forth below.
If you object to these terms and conditions and you do not agree to these terms and conditions, promptly exit this site. You may close your account by contacting us to do so. No other remedy, legal or otherwise, is available to you save for the above.
Introduction
This application, consisting of Applications, iOS and Android mobile applications and any associated applications past and future (the "Applications"), facilitates the purchase of prepaid mobile credit, prepaid mobile data services, prepaid landline credit and other products (collectively the "Services") provided by St. Maarten Telecommunications Operating Company N.V. ("TELEm").
By using the Applications, you expressly agree to be bound by these Terms.
About Us
The Applications are operated, and the Services are provided, by Prepay Nation LLC (“PPN”, “we” or “us”). PPN provides the Applications and Services under a license granted to PPN by TELEm.
PPN is incorporated in Commonwealth of Pennsylvania, United States of America, and has its registered office at 737 Constitution Drive, Exton, PA 19341, USA.
You can contact PPN at support@prepaynation.com. You can address correspondence to Attn. Legal, Prepay Nation LLC, 737 Constitution Drive, Exton, PA 19341, USA.
The Services
To use the Services,
1. Registered User
1.1 PPN grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Applications. In order to gain full access and use of the Applications, you must create a profile and register as a user (hereinafter referred to as "Registered User").
1.2 You are only permitted to register one profile per person on the Applications. The profile is personal and you must not transfer it to others.
1.3 In order to become a Registered User, you need a mobile phone and password. You will be asked to verify the code delivered via SMS to proceed. Upon successful verification, you will be asked to choose your own password which must be used with your mobile phone number when logging onto the Applications. Alternatively, we may send the password to you. The password is personal and you must not transfer it or in other ways make it available to others. It is your responsibility to ensure that the password does not fall into the hands of a third party. If you become aware that the mobile phone and/or password is or may have been compromised, you are obligated to inform us hereof. We can and will change access to the Applications password if there is a risk that the mobile phone and/or password has been compromised or is used in violation of the User Terms.
1.4 During the registration process, you must choose a username. The username will be shown on the Applications whenever you choose to share your activity with other Application users. Therefore, you must consider whether you wish to use a username from which you can be identified by others. The username must not (i) be offensive or in other ways insulting, (ii) contain the terms "Guest", "Admin", ".com", etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe on any rights (including any intellectual property rights) belonging to any third party and/or pertaining to the User Terms.
1.5 Changes to the username may only be made by us. If you want to change your username, please contact us at support@prepaynation.com.
1.6 We are entitled at any time, without notice and without prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of these User Terms or applicable law. When deleting your profile, you will no longer have access to services on the Applications which require your registration and/or login as a Registered User. When deleting your profile, we reserve the right to delete the content (see 2.1) you have made on the Applications.
1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and content (see 2.1). In this case, our disclaimer applies without limitations.
1.8 You are not permitted to gain access or attempt to gain access to the parts of the Applications requiring user registration if you are not a Registered User.
2. Guest Users
2.1 PPN grants you the non-exclusive, non-transferable, revocable, limited right to access and use the Applications. Access and use of the Applications is limited to purchase of the Services offered on behalf of a TELEm subscriber. In order to gain full access, you must create a profile and register as a user (hereinafter referred to as "Guest User").
2.2 In order to purchase the Services, you need a mobile phone. You will be asked to verify the code delivered via SMS to proceed. Upon successful verification, you will then be able to continue using the Applications. If you become aware that the mobile phone is or may have been compromised, you are obligated to inform us hereof. We can and will change access to the Applications if there is a risk that the mobile phone has been compromised or is used in violation of the User Terms.
3. Rights
3.1 The Applications and the services we offer via the Applications, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Applications or the services offered on the Applications ("Feedback"), we are free to fully exploit such Feedback.
3.2 The content on the Applications, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by U.S. and applicable international legislation, including without limitation applicable copyright and trademark laws.
3.3 Unauthorized copying, distribution, presentation or other use of the Applications or part hereof is a violation of U.S. law and may thus result in civil and/or criminal penalties.
3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and without territorial limitations, by submitting the UGC to us.
3.5 Downloading and other digital copying of the content on the Applications or parts hereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.
3.6 All company names, trademarks and other business characteristics on the Applications is or will be our property or the property of a third party (other than the Registered User) and must only be used for business purposes upon prior approval from us or the third-party owner, respectively.
4. Personal data
4.1 We perform different types of processing of personal data in connection with the use of the Applications. Our processing of personal data takes place under observance of our Privacy Policy, which can be obtained here: telemtopup.com/privacy
By accepting these User Terms, you confirm to have read and accepted our Privacy Policy.
5. Disclaimers
5.1 THE APPLICATIONS CONTENT AND SERVICES OFFERED ON THE APPLICATIONS ARE PROVIDED 'AS IS' AND AS AVAILABLE WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PPN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE APPLICATIONS AND SERVICES MAY BE MODIFIED, UPDATED, INTERRUPTED, SUSPENDED OR DISCONTINUED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
5.2 We make no representations or warranties with respect to any UGC published on the Applications. Notwithstanding the foregoing, PPN may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC's compliance with our User Guidelines.
5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party Applicationss in the UGC, including for the content of the page to which the UGC links.
5.4 Recommendations, reviews, comments, etc. of specific companies, services, e-businesses, etc. on the Applications are provided by Registered Users and are not endorsements made by us. We disclaim all liability for the content of the Applications. The use of our services is in any respect the sole responsibility of the Registered Users. We cannot be held liable for the availability of the Applications.
6. Limitation of liability
6.1 WE SHALL IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR DAMAGES FOR THE USE OF THE APPLICATIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (I) LOSS OF PROFITS, CONTRACTS, TURNOVER, BUSINESS, BUSINESS OPPORTUNITY, LOSS OR CORRUPTION OF DATA OR RECOVERY OF DATA, GOODWILL, SECURITY BREACH RESULTING FROM A FAILURE OF THIRD PARTY TELECOMMUNICATIONS AND/OR THE INTERNET, ANTICIPATED SAVINGS OR REVENUE (REGARDLESS OF WHETHER ANY OF THESE ARE DIRECT, INDIRECT OR CONSEQUENTIAL) (II) ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH LIABILITIES TO THIRD PARTIES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) OR (III) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6.2 OUR TOTAL AGGREGATE LIABILITY, INCLUDING WITHOUT LIMITATION LIABILITY FOR BREACH OF CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THE USER TERMS, THE APPLICATIONS OR OUR SERVICES WILL NEVER FOR ANY AND ALL ACTIONABLE CIRCUMSTANCES EXCEED ONE HUNDRED DOLLARS ($100.00). YOU FURTHER AGREE THAT NO CLAIMS OR ACTIONS ARISING OUT OF, OR RELATED TO, THE USE OF OUR APPLICATIONS OR SERVICES OR THESE USER TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE ACTIONABLE EVENT. NOTHING IN THE USER TERMS EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR MATTERS WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Other User Terms
7.1 We may at any time, in our sole discretion, revise or change these User Terms. We will make an effort to provide reasonable advance notice of any such changes. We may at any time, in our own discretion and without notice, close, change or reorganize the Applications. As a Registered User you accept to be covered by the at all times current User Terms. Any revision or change of the User Terms will be stated on the Applications. We will furthermore strive to inform the Registered Users about the change of the User Terms. The Registered Users agree that the continued use of the Applications after any posted modified version of the User Terms is an acceptance of the modified User Terms.
7.2 Should any of these User Terms be regarded as unlawful or without effect and therefore not to be enforced, this will not have any effect on the applicability and enforcement of the remaining part of the User Terms.
8. Term and termination
8.1 We may terminate your right to access and use the services offered on the Applications at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease. Sections 2-10 will survive any termination of the User Terms.
9. Applicable law and venue
9.1 The User Terms and the relationship between you and PPN are governed by the laws of the Commonwealth of Pennsylvania, United States of America, without regard to the conflicts of law provisions thereof. Any disputes must be brought exclusively in the state or federal courts located in Pennsylvania, and the parties hereby consent to the jurisdiction of such courts.
10. Copyright dispute policy
10.1 It is PPN's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. PPN has adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf). This policy is available at legal.PPN.com/for-everyone/copyright and contains instructions for contacting PPN's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent").
11. Miscellaneous
11.1 You acknowledge and agree that these User Terms constitute the complete and exclusive agreement between you and PPN concerning your use of the Applications and supersede and govern all prior proposals, agreements or other communications.
11.2 Nothing contained in these User Terms can be construed as creating any agency, partnership or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor may our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You may not assign any rights granted to you hereunder, and any such attempts are void.
12. Contact
12.1 You may contact PPN via email at support@prepaynation.com or the following mailing address:
Prepay Nation LLC
Attn: Legal
737 Constitution Drive,
Exton, PA 19341,
USA