Terms and Conditions
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES AND FOLLOW THE INSTRUCTIONS IN THIS AGREEMENT.
Your Agreement to These Terms and Conditions of Service The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you, an individual customer, user, or recipient of a transfer (“You”), and BitKoyn.com (together with its subsidiaries and other affiliates, “us”, “we” or “BitKoyn.com”), regarding Your use of our Digital-to-home (DTH), Gift Vouchers Service (GVS), mobile credit transfer services (known as “Service”) to transfer prepaid DTH, GVS and mobile credit (known as “Credits”) and related Services. By accepting these Terms of Service, you agree that these Terms of Service will apply whenever you use the Service. If you do not agree to be bound as required herein, then you cannot use the Service and in such instance, do not check the “I agree to the Terms and Conditions” before completion of each purchase. If, however, you agree to these terms unconditionally and in their entirety, you must confirm your assent by clicking on the check box shown prior to purchase. About BitKoyn.com We are a Reseller Only. BitKoyn.com does not provide telecommunication service and is only a reseller of prepaid telecommunications services by providers or other distributors or aggregators of such telecommunications carriers. BitKoyn.com is not a warrantor, insurer, or guarantor of the services to be provided by the telecommunications carriers or the providers of such Credits (the “Carrier”). Credits are transferred without recourse against us for any breach of contract by the Carrier. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Credits purchased must be handled directly between You (or the recipient of the Credits) and the Carrier. Service Availability The service is available 24/7 to all users above 18 residing in the USA and Canada. The recipient will need to be a prepaid mobile user. BitKoyn.com strives to provide 24/7 service, it may however happen that due to break in connections or service maintenance, service to certain GVS or DTH or Mobile Network Operators are temporarily unavailable. Use of Service Subject to these conditions, you may use the Service to purchase a Top Up as follows: (i) Use and follow the step-by-step transaction process to initiate a Top Up; (ii) After you confirm the order by making the payment and the transaction is successfully processed, the recipient will be informed that his or her pre-paid DTH or GVS or mobile account has received a Top Up. Your Responsibility You must use the service in accordance with your agreement with BitKoyn.com and the recipient’s DTH or GVS or Mobile Network Operator’s Terms of Service. All credits transfers are final Because, once you confirm the top up, we begin the process of crediting the recipient’s account, you cannot cancel the top up. All transfers of Credits are final with no refund, unless the top up process has failed due to technical failure i.e. system failure, server maintenance, power cut, loss of internet connection. You are responsible for the mobile number or DTH account number or GVS pin you transfer Credits to and all charges that result from those transfers. BitKoyn.com is not responsible for any transfer of credits to an incorrect mobile number or GVS pin or DTH account number. You must ensure that the prepaid mobile number or DTH account number or GVS pin to top up you entered is correct. BitKoyn.com is connected to Airtime Remittance Operator networks which are not under the direct and/or indirect control of BitKoyn.com. BitKoyn.com cannot guarantee that the Services will never be faulty but will take every commercially reasonable effort to correct reported faults and make the Service available as soon as possible. Airtime refers to the value credited to a DTH or GVS or mobile user prepaid account which may be consumed by the mobile user in using mobile phone services as per its mobile operators’ terms and conditions that may change from time to time. Airtime credit has a limited validity period: Depending on the service/denominations the Airtime Credit will expire after a period set by the mobile operator. Airtime Credit might be subject to local taxes of the destination country such as Value Added Tax (VAT) and other local taxes. Charges BitKoyn.com does not charge any fees for sending the top up. All prices listed are final and include all taxes. However, on the recipient side, as required by regulations, the recipient’s operator may charge a tax on each top up. Expiration date of top ups Top ups will generally have an expiration date, which is established by the mobile operator. Please consult with the mobile operator for additional details. LIMITATION OF LIABILITY We are not liable for acts or omissions of another service provider, for information provided through your phone, equipment failure or modification, or causes beyond our reasonable control. We are not liable for any accidents or incidents, which result from the use of Service by you or any other person. Our liability and the liability of any underlying carrier for any failure or mistake shall in no event exceed our charges during the affected period. We and any underlying carrier are not liable for any incidental, punitive or consequential damages such as lost profits. We and any underlying carrier are not liable for economic loss or injury to persons or property arising from the use of service. Additionally, in no event will the Company, Company Affiliates, Content Providers and their respective shareholders be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind (including, but not limited to, economic loss, loss of information or data, interruption, delay or loss of access to or use of the Internet, and the like), arising in any way or any manner from errors or omissions in the content or defects in the services provided by BitKoyn.com hereunder or your access to and use of the Service. THE LIMITATIONS CONTAINED IN THE SITE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY, AND REGARDLESS OF THE NATURE OR NUMBER OF CLAIMS OR ACTIONS. This paragraph shall survive termination of this Agreement. INDEMNIFICATION You agree to defend, indemnify, and hold us, our affiliates and representatives and any other service provider, harmless from claims or damages relating to this Agreement or your premises or statements made in it and use the Service. This paragraph shall survive termination of this Agreement.
NO WARRANTIES WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND ANY INFORMATION MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. IN NO EVENT WILL BITKOYN.COM BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.