Website Terms of Use

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

  1. Overview
    1. What these terms cover. These terms and conditions, along with the terms of use of our Website (found here: Terms of Use) and the end-user licence agreement of our App (found here: ) (together the “Terms”) govern how you may access and use our Website, our App and the services associated with them (the “Services”).
    2. Use of the Services. By accessing, registering and using the Services, you agree to be bound by the Terms. If you do not wish to be bound by the Terms, do not access, register with or use the Services. These Terms are effective from the date on which you first access, register or use the Services.
    3. Who we are. In these Terms, “Senditoo”, “we”, “us” and “our” refer to Senditoo Limited, a company registered in England and Wales with registered number 08726948. Our registered office address is at 71 – 75 Shelton Street, London WC2H 9JQ.
    4. How to contact us. You can contact us by telephoning our customer service team at +44 7476899635 or by writing to us at info@senditoo.com.
    5. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    6. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
    1. Definitions
      1. In this Agreement, except where the context requires otherwise:

Acceptable Use Policy: our acceptable use policy governing all use of the Services, found here: Acceptable Use Policy;

Account: an account created by a Sender on the Website or within the App when they register to use the Services;

App: Senditoo’s VERSION 1.1.0 (or later) mobile application software available on the Apple App Store (found here: iOS App) and the Google Play Store (found here: Android App);

Business Day: means any weekday other than a bank or public holiday in England;

Destination Country: the country in which the Recipient receives the Mobile Top-Up through the Services;

Existing User: any person using the Services as a Sender who is not a New User;

Local Taxes: any taxes or charges payable in the Destination Country;

Mobile Top-Up: credit, which is added to a mobile phone account, which can be used to make calls, send text/picture messages and use data, that is purchased by the Sender and credited to the Recipient’s mobile phone account;

New User: a person who is using the Services as a Sender with an Account that has not been used before to make a Top-Up Request;

Payment Providers: Paypal and/or Paysafe;

Recipient: a person who receives Mobile Top-Up from a Sender through the Services;

Sender: a person who uses the Services to send Mobile Top-Up to a Recipient;

Service Fee: Senditoo’s fee (if charged) plus any additional Local Taxes applicable to a Transfer, which Senditoo may charge in it’s sole discretion;

Service Provider: a mobile network operator in the Destination Country;

Top-Up Request: an instruction from you requesting us to send Mobile Top-Up to a Recipient through the Services;

Transfer: the transfer of Mobile Top-Up through the Services;

Transfer Amount: the value of the Mobile Top-Up that the Sender wishes to send to the Recipient as a Transfer (excluding any applicable Service Fee);

Transfer History: the record of Transfers made through an Account, which can be accessed through our Website;

Transfer ID: the identification number assigned to a Transfer;

Website: our website www.senditoo.com.

  1. Our contract with you
    1. How we accept your Top-Up Request. Our acceptance of your Top-Up Request will take place once you have successfully submitted your Top-Up Request to us and we accept that Top-Up Request, at which point a contract will come into existence between you and us.
    2. Providing the Services. Subject to these Terms, we agree to provide the Services to you using reasonable care and skill.
    3. Availability of the Services. You acknowledge that the Services may not be available, in whole or in part, in certain regions, countries or jurisdictions.
    4. When we will process your Transfer. If you are a New User, we will use our reasonable endeavours to process your Transfer within 24hrs of accepting your Top-Up Request. If you are an Existing User, we will use our reasonable endeavours to process your Transfer within 1hr of accepting your Top-Up Request. We will attempt to process Transfers promptly, however any Transfer may be delayed or cancelled for a number of reasons, including:
      1. our efforts to verify your identity;
      2. usage restrictions imposed by Service Providers;
      3. Service Provider network downtime;
      4. our efforts to validate the information you provide as part of your Top-Up Request; or
      5. our efforts to contact you.
    5. Processing Transfers. We are not obliged to process any particular Transfer. When you submit a Top-Up Request to us, you are requesting that we process the Transfer to which that Top-Up Request relates on your behalf and are consenting to the execution of that Transfer. We may, at our sole discretion, choose whether or not to accept the offer to process any particular Transfer. If we decide not to process your Transfer, we will notify you promptly of that decision and repay to you any Transfer Amount received by us in respect of the Transfer in question. See clause 5 below for more detail on our right to suspect, refuse or cancel.
    6. Processing times. Delivery times quoted on our Website and in these Terms are representative for the ‘normal’ service and are not a guarantee of the timing of an individual Transfer.
  2. Your obligations
    1. Use of the Services. You agree that you will not access, use or attempt to use the Services:
      1. unless you are at least 18 years old (or you have the consent of your parent/legal guardian), and you have legal capacity to form a binding legal contract in any relevant jurisdiction; or
      2. in any way which violates Senditoo’s Acceptable Use Policy.
    2. Registration. When you register with us, you agree that you will:
      1. at all times provide us with true, accurate, current and complete personal information, and promptly update your personal information associated with your Account if and when it changes;
      2. at all times provide us with true, accurate, current and complete evidence of your identity;
      3. provide us with any identity documentation reasonably requested by us in order to verify your identity;
      4. not create more than one Account without our prior written approval;
      5. not allow anyone else to access your registration details or your Account;
      6. not use or attempt to use an anonymising proxy (a tool that attempts to make activity untraceable) or any similar tool;
      7. keep your Account details safe and secure; and
      8. at all times provide us with true, accurate, current and complete information as we indicate on the Website or in the App is required to provide the Services effectively and for Transfers to be properly executed.
    3. Information you supply must be accurate and complete. When using the Services, it is your responsibility to ensure that all of the information in relation to any Top-Up Request is accurate and complete before submission of that Top-Up Request. Once a Top-Up Request has been submitted it is not normally possible to change any details of that Top-Up Request. You will be given the opportunity to confirm the details of a Top-Up Request before submission and you must check those details carefully.
    4. Acting only on your own behalf. Both you and the Recipient agree that you will only act on your own behalf, and not on behalf of any other person. You agree that you shall not submit a Top-Up Request on behalf of a third person. If you intend to submit a Top-Up Request on behalf of a third person, you must notify us if your desire to do so and provide us with any additional information about that third person we may request in order to enable us to decide whether to process the Transfer in question.
    5. These terms are not advice. You acknowledge that nothing in these Terms or in any other information provided by Senditoo as part of the Services is indented to be, nor should it be interpreted as, legal or other advice.
  3. Our right to refuse, suspend or cancel
    1. Refusal and cancellation of Top-Up Requests and Transfers. We may refuse any Top-Up Request or Transfer at any time for any reason (or cancel it where relevant), including (but not limited to) the following situations:
      1. where we believe the Services are being used or attempted to be used, whether by the Sender or the Recipient, for or in connection with illegal, fraudulent or unethical activities or in breach of these Terms, or in breach of any applicable laws, rules or regulations;
      2. where a Transfer involves any individual or entity on restricted or prohibited lists issued from time to time by any relevant government authorities;
      3. where we are required to do so by any relevant law, or where we have reason to believe processing a Transfer would violate any law; and
      4. where we are unable to verify your identity.
    2. Suspension or termination of your Account. In circumstances where we have refused or cancelled a Top-Up Request or Transfer, and/or there has been any breach of these Terms, we may at our sole discretion temporarily or permanently suspend or disable your Account, and disclose such information to law enforcement authorities as we reasonably feel is necessary.
  4. Your right to cancel
    1. No automatic right to cancel. Once we have received your Top-Up Request and your payment has been processed successfully, you do not have an automatic right to revoke it.
    2. We may attempt to cancel. Notwithstanding paragraph 6.1 above, we may at our absolute discretion attempt to cancel your Top-Up Request if you have informed us that you wish to cancel it. However we may have, upon receipt of your Top-Up Request, already initiated an irreversible request for funds to be paid out to your Recipient by a Service Provider and therefore we cannot guarantee a cancellation will be successful.
    3. Successful cancellation. Where we successfully cancel a Top-Up Request, we will use our reasonable endeavours to refund you Transfer Amount within 7 Business Days.
    4. Unauthorised use of the Services. Where you have any problems using the Services, or are aware of any unauthorised or incorrectly executed Transfers, you should contact us without delay at the email address or the phone number listed at paragraph 1.4 above.
    5. Cancellation and refund requests must be in writing. A request to cancel, or a request for a refund, must be submitted in writing to us and must specify the Sender’s full name, address and phone number, the Transfer ID and Transfer Amount, and also the reason for the cancellation or refund request.
    6. We are not liable for execution of Transfers based on incorrect information. If we have executed a Transfer in accordance with instructions you provided to us, and that information proves to be incorrect, Senditoo is not liable for the incorrect execution of the Transfer.
    7. Where we execute Transfers incorrectly. In circumstances where we have executed a Transfer otherwise than in accordance with your instructions and the information you provided to us, subject to paragraph 11 below, we will refund to you the full amount debited (including the Transfer Amount and the Service Fee) within 14 Business Days of the date the Transfer in question was executed.
  5. Mobile Top-Up.
    1. Service availability. The Mobile Top-Up Service shall only be available in respect of the mobile network operators listed on the Website, which are subject to change and availability and are not within our control.
    2. Suspending the Services. We do not guarantee that the Website or the App, or any content contained therein, or the Services will always be available or be uninterrupted. We reserve the right to suspend or withdraw the Services:
      1. to deal with technical problems or make minor technical changes;
      2. for business and operational reasons; and
      3. to update the Services to reflect changes in relevant laws and regulatory requirements,  and we will try to give you reasonable notice of any such suspension or withdrawal.

Inputting information for a Top-Up Request. You will be required to input the mobile phone number of your Recipient into the appropriate space on the Website when submitting a Top-Up Request. It is your responsibility to ensure that you have correctly inputted the mobile phone number of your Recipient. You will then be required to select the amount of Mobile Top-Up that you wish to credit the mobile phone number of your Recipient with.

  1. Price and payments
    1. Where to find the price of Mobile Top-Up. The price (including VAT and the Service Fee (if any)) for the Mobile Top-Up which is the subject of a Top-Up Request will be displayed on the order confirmation page on the Website or in the App when you submit your Top-Up Request.
    2. When you must pay and how you must pay. We accept payment with Paypal and Stripe. All payments are processed securely by our Payment Providers. You must pay when submitting your Top-Up Request, in advance of the Transfer being executed.
    3. Our fees. We do not currently charge a fee for the Services, but this is subject to change. We will always use our reasonable endeavours to give you advance notice of any such change.
  2. Collection of information
    1. Customer identification program. We may require you to supply us with personal identifying information relating to you and your Recipient(s) in order to comply with applicable laws. We may also consult other sources to obtain information about you and your Recipient(s).  
    2. Verification and checks. We will verify your residential address and other personal details which you provide to us when you register to use the Services to confirm your identity. All personal information provided by you to us is handled by us in accordance with our privacy policy which is found here: [    ]. We may also need to verify the identity of a Recipient in the same way.
    3. By accepting these Terms you authorise us to make inquiries about you. By accepting these Terms and using the Services, you authorise us to make any inquiries which we may consider necessary to validate the information which you provide to us. This may be done directly, for example by us asking you for additional information or requiring you to take steps to confirm ownership of your email address; or indirectly, by for example verifying your information against third party databases or through other sources.
    4. How we may use your personal information. By accepting these terms and using the Services, you consent to our processing your personal information for the purposes of providing the Services, including for purposes of verification as set out in paragraphs 9.2 and 9.3 above and in accordance with our privacy policy found here: [    ]. We will only give your personal information to other third parties where the law either requires or allows us to do so.
  3. Intellectual property rights
    1. All intellectual property rights in the App, the Website and the Services (and content therein) throughout the world belong to us, our affiliates, or third parties. All right, title and interest in and to the Website, the App and the Services shall remain our property and/or the property of such other affiliates and third parties.
    2. You have no intellectual property rights in the App, the Website or the Services other than the right to use them in accordance with these Terms.
  4. Our responsibility for loss or damage suffered by you
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to our products.
    3. Defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. We do not, in any event, accept responsibility for:
      1. any failure to perform the Services as a result of circumstances or events which could reasonably be considered as unforeseen and/or outside our control or as a result of our obligations under any applicable laws, rules or regulations; or
      2. any losses or delays in transmission of messages arising out of or in connection with the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control.
    6. You are responsible for all activity under your Account. You understand and acknowledge that you are responsible for all use of the Services that occurs under your Account, and for any breach of these Terms whether an unacceptable use occurs or is attempted, whether you knew or show have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to it or acted with others or allowed any unacceptable use to occur by omission.
  5. Termination
    1. Tell us if you want to end the contract. To end the contract with us, please let us know by calling customer services on +44 208 068 5147 or email us at info@senditoo.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    2. We may end the contract if you break it. We may terminate these Terms with immediate effect if you:
      1. are in breach of any provisions of these Terms;
      2. use the Website, the App or the Services in any way that is disruptive to our customers, or in a way which in our reasonable opinion is likely to damage our reputation and bring us into disrepute;
      3. breach or attempt to breach the security of the Website, the App or the Services, including but not limited to: modifying or attempting to modify any information; unauthorised log-ins; unauthorised data access or deletion; interference with the Services, systems, host or network; reverse engineering of any kind of the Website, the App or the Services; hacking; falsifying data; introducing viruses of any kind (including for example trojan horses, worms, time bombs, cancelbots, chain letters or other similar harmful or deleterious programming routines) or harmful data; or
      4. are, in our reasonable opinion, using or attempting to use the Services in connection with any fraudulent, illegal or unethical activity, or are permitting a third party to do so.
  6. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of these Terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

Submitting a Top-Up Request. When submitting a Top-Up Request, you will be asked to enter the Recipient’s mobile phone number. If you enter the wrong number then the Top-Up Request will be submitted and the Transfer will be executed and, subject to paragraph 6.2 above, there is no way to reclaim or redirect the Mobile Top-Up once the Top-Up Request has been processed by us.

  1. Checking the Recipient’s mobile phone number. You are responsible for carefully checking with the Recipient that you have their correct mobile phone number.
  2. Cost of Mobile Top-Up. The cost of Mobile Top-Up will vary depending on the amount of Mobile Top-Up you wish to send to your Recipient and according to the information displayed on the Website.
  3. Total cost of Top-Up Request. The total amount that you will be required to pay in respect of a Top-Up Request (i.e. the Transaction Amount and the Service Fee) will be clearly displayed on the order confirmation page on the Website or in the App before you are asked to confirm your Transfer, and proceeding with the Transfer at this point is entirely optional.
  4. If you are a New User. If you are a New User submitting your first Top-Up Request, before executing the Transfer to which your first Top-Up Request relates, we will carry out our identity verification procedures as set out in paragraph 9 below. We will execute the Transfer as soon as reasonably practicable after satisfactory completion of our identity verification procedures.
  5. Taxes are deducted from the Transaction Amount. Several countries apply taxes to incoming Mobile Top-Ups. When sending Mobile Top-Ups to Recipients in these countries, a corresponding deduction will be made from the Transaction Amount with the result that your Recipient will get a smaller amount of Mobile Top-Up. If your Recipient is in a country which does deduct taxes from Mobile Top-Ups, you will see information about the rate of taxes in question displayed on the Website or in the App before completing the Transfer.
  6. If you are an Existing User. If you are an Existing User, your Mobile Top-Up will typically be sent within a few seconds of your payment for a Top-Up Request being successfully processed. Sometimes however there may be a short delay before the relevant Service Provider applies the Mobile Top-Up to the mobile phone number of your Recipient due to factors beyond our control (for example, because of congestion of the local mobile phone network).
  7. Confirmation of successful Transfer. Once a Transfer has been successfully executed, we will promptly notify the Sender of the Transfer in question via an email and also a text message (to the email address and mobile phone number associated with your Account) to confirm that the relevant Transfer has been executed successfully. Once a Transfer has been successfully executed, we will also promptly notify the Recipient of the Transfer in question via a text message to confirm that the relevant Transfer has been executed successfully.
  8. We only act on your authorisation. You acknowledge that we only act on your authorisation to send Mobile Top-Up in accordance with any Top-Up Request submitted by you, and the relevant Service Provider shall be solely responsible to you and your Recipient for the provision of mobile services in relation to the Mobile Top-Up. Once the Mobile Top-Up has been sent to a Recipient’s mobile phone number, it cannot be refunded or removed from that phone.
  9. Right to cancel. You acknowledge that you will lose the right to cancel a Top-Up Request once you have submitted it and the Mobile Top-Up Service has been fully performed by us.
  10. Limitations. You acknowledge that the Website and the App limits the number of Top-Up Requests that can be submitted or the maximum value of Mobile Top-Ups that can be send by any given Account over a specific time period (e.g. daily, weekly, monthly). Other limitations and exclusions related to Mobile Top-Ups or the use of the Website or the App may be applicable. You will be notified through the Website and/or the App or by email as soon as reasonably practicable of these additional limitations should they exist or come into existence.

 

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