TERMS & CONDITIONS
- THE SERVICE TERMS
These terms and conditions govern the provision of third party services to you via the Digicel International website and mobile application (the website and mobile application hereinafter jointly referred to as the “Application”) by Prism Services Holdings Limited, with registered office located at 20 Micoud Street, Castries, St. Lucia, a wholly owned subsidiary of the Digicel Group and duly licensed to use the Digicel Brand (hereinafter referred to as “we”, “us”, “Digicel”). Digicel through its third party providers including Paymaster (Jamaica) Limited (Bill Pay), Ezetop Unlimited Company Limited t/a Ding (Top-Up), BlinkSky Limited (Digital Gift Cards), WorldRemit Ltd. (International Money Transfer) offers the services of Bill Payment, mobile Top-Up, Digital Gift Cards and International Money Transfer (jointly or severally referred to as the “Service”). The affiliates and third party providers are hereinafter, jointly or severally, referred to as “Merchants”.
Your use of the Application is subject to your acceptance of these terms and conditions (“Agreement” or “Terms”). Please read these Terms carefully as this is a legal agreement between you and Digicel governing any purchase and use of the Services, as well as your use of the Application. By using any of the Services you acknowledge and agree that you have read and understood these Terms as well as the terms and conditions for the Service and/or of the Merchants, and expressly agree to be bound by this Agreement.
The following documents and terms are incorporated into this Agreement and form a part of these Terms:
- our Privacy Policy
- any other terms and conditions of a particular service that are posted in the Application; and
- any disclosures, limitations or other information provided with, or printed or posted on, any materials associated with the Services.
Digicel reserves the right to update, revise, amend or unilaterally change the terms of this Agreement or the information in the Application at any time without notice. When changes are made we will update these Terms and Conditions. It is the responsibility of the user to check the Application periodically for changes to the Agreement. Your continued use of the Services and Application following the notification of any modification to the Terms, constitutes acceptance of those changes.
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 shall immediately discontinue your use of the Applications and/or Services. No other remedy, legal or otherwise, is available to you.
If there is any conflict between the terms of this Agreement and the terms any Merchant then the terms of the Merchant will control.
- ACCESSING THE SERVICE
Registration & Account Information
In order to access the Services you must register as a member of the Application. You must provide us with accurate, complete and up-to-date information as requested on the registration form. You agree that the information supplied with your registration form will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information you provide us as a member will be treated in accordance with our Privacy Policy.
If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using the Application.
Once you become a member of the Application, you will receive a username and a Password. You are entirely responsible for all activities which occur under your username and Password, including unauthorised use of your or any other credit card. You must notify us immediately if you become aware of any unauthorised use of your username and Password. If you forget or lose your password, you should request a new password by visiting the 'Forgot your password' section on the sign in page. You also agree that you will only register in your own name. Each username and password must be used by a single user and is not transferable.
Please note that the sending of personal information over the internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge personal information over the internet unless you are using a secure or encrypted communications technology.
We shall be entitled, but not obliged, to record all communications from, or instructions given by, you to us, or messages sent by us to you through the Application.
- THE SERVICES
We recommend that persons use the Service only for the benefit of people you know personally, such as family and friends. You should never use the Service to send requests or money to strangers.
Digicel 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.
Digicel reserves the right at any time to modify, suspend or terminate access to the Application or the Service (or any part thereof) with or without notice. We may also impose limits on the use of or access to any Service without notice or liability. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations.
Digicel grants you a non-exclusive, non-transferable right to use the Services subject to your compliance with this Agreement.
International Money Transfer
While Digicel is pleased to be able to make WorldRemit Ltd. (World Remit) available to Digicel customers to conduct their international money transfer transactions, Digicel does not provide this product or service directly, and makes no representations, warranties or guarantees regarding your use of World Remit. Digicel provides links to third-party web sites as a convenience to our visitors. Digicel does not have control over linked sites and make no representations about any content, products or services available at these locations. Such sites may have different privacy, security and accessibility standards. When you access another website, we recommend that you review their terms and conditions, privacy and security policies as well as any other policies that may be provided therein.
- GENERAL PROVISIONS
- GENERAL TERMS OF USE. You are responsible for all actions that take place as a result of access to or use of any Service whether the access was made by you or by a third party using the Service. Use of our Application is free, however, any device you may use to access our Application is your sole responsibility and if you access the service through a mobile device, your wireless service carrier or mobile network operator's standard charges, data rates and other fees may apply which you are solely responsible for.
You acknowledge that compliance with these Terms is designed to minimise the risk of unauthorised use of the Applications and harm to you, Digicel 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 Digicel or any third party as a result of your failure to adhere to these Terms.
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- ACCESS LIMITATIONS AND RESTRICTIONS. Access to the Services may be limited, delayed or unavailable during periods of peak demand, market volatility, system upgrades or maintenance, communication system problems, or circumstances beyond our reasonable control. Digicel will not be held liable for any issues arising from these periods of interruptions.
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- PROHIBITED USES. You expressly agree to use the Services and the Application solely for lawful purposes. You agree not to use any of the Services or the Application for any unlawful, abusive, or fraudulent purpose, including without limitation:
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- interfering with our ability to provide the Services to you or to other customers;
- violating applicable law other than these Terms;
- avoiding your obligation to pay for the Services;
- using the Services other than for personal, consumer use;
- intercepting any communication which is not intended for you;
- sending any unsolicited commercial communication; or
- submitting or exposing to any third party any material that infringes any third party’s intellectual property rights or violates the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise objectionable in Digicel’s sole discretion.
Furthermore, you agree not to use the Services or the Application in any way that: (i) could damage, disable or overburden any Digicel server or facility, or the networks connected to any Digicel server or facility, (ii) interferes with any other party’s use and enjoyment of the Services, or (iii) could damage Digicel’s business, reputation or employees. You agree not to resell or commercialize any of the Services whether for profit or otherwise.
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- DATA PROTECTION. Digicel 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 Policy and any Merchant terms. These documents set out how we use and protect the information you provide to us. We recommend that you read these documents carefully.
- PRIVACY OF INFORMATION. Any information you provide to us in our Application to access the Services shall be used in accordance with the Merchant’s and our Privacy Policy.
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- PROMOTIONS. From time to time, Digicel, the Merchant or other third parties 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. Digicel is not responsible for promotions run by the Merchant or any third party 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.
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- THIRD PARTY SERVICES AND INFORMATION. Many of the products and services which may be offered for sale, from time to time on Digicel International or through services that we may offer you, are submitted, created or developed by third parties. Information about some of the products and services on the Application will be subject to specific restrictions concerning the persons to whom such information may be made available. Details of such restrictions are set out on the pages to which they relate and you should read those details carefully before proceeding to the rest of the relevant page.
We may receive fees and/or commissions from third parties for the sale goods and services displayed or made available on the Application, for advertising goods and services on the Application, or in connection with the amount of visitors that leave the Application to go to a linked site. You acknowledge and consent to us receiving the fees.
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- NO WARRANTIES. You expressly acknowledge that (a) your use of the Services, the Applications and any content therein is at your sole risk and (b) the Services, the Applications and all content are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. Digicel does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Services, Applications, content, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release Digicel from all such warranties of any nature. Access to and use of the Applications is at your own risk and Digicel 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.
Without limiting the foregoing, Digicel makes no warranty or representation that the Services, Applications or content will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error free, free of viruses or other harmful components, or that any defects will be corrected. Digicel may choose not to provide Services to countries at its sole discretion. We do not authorize anyone, including but not limited to Digicel agents and employees, to make any warranties on our behalf and you should not rely on any such statements. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to you. For the purposes of this paragraph, “Digicel” includes our parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees. This provision will continue to remain in force after this Agreement expires or is otherwise terminated.
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- TERMINATION OF SERVICE. Digicel may immediately suspend, cancel, modify or restrict the Services or your use of the Services, all without advance notice or liability, if:
- you violate this Agreement;
- Digicel has provided notice to you;
- immediately upon breach by you of these Terms or where Digicel reasonably believes you are in breach of these Terms;
- Digicel needs to perform maintenance on or upgrade the Services or Application, or the underlying infrastructure that enables you to use the Services or Application (you will not be entitled to claim damages for any such suspension or limitation of use); and
- there is a determination by any governmental authority that the provision of any of the Services is contrary to any law, rule or regulation.
Digicel 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. Digicel is not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.
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- THIRD PARTY SERVICES AND INFORMATION. Digicel will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. You must review the Merchant and Service terms of the relevant service before entering into a transaction in relation to the Service.
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- INTELLECTUAL PROPERTY. 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 Digicel or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Applications (including any graphics or trademarks) in any form is prohibited without Digicel’s prior consent, other than that which you are authorised by Digicel to print or download for personal, non-commercial use.
You acknowledge that we are the owners or licensees of a number of trademarks including Digicel, and that the Merchant and any other third party providers are owners or licensees of their trademarks. Nothing herein contained shall be construed as conferring upon you any right, title or interest in said or any trademarks and copyright. We reserve the right to change the Services or Application including withdrawing them completely.
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- 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, we cannot guarantee the privacy or confidentiality of communications via such media although we will put in place appropriate security measures to protect these methods of communications. You acknowledge and agree that these events may occur and that Digicel bears no liability when such events occur.
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- INDEMNIFICATION. You agree to indemnify and hold Digicel, its Merchant, its suppliers, vendors, and their respective subsidiaries, affiliates, officers, directors, agents, partners, employees, and consultants, harmless from any claim or demand. This includes indemnification from reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement or any law, or your violation of any rights of a third party.
- LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DIGICEL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO BILL PAY, TOP UP AND GIFT CARD DISTRIBUTION, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF DIGICEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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THIS DOES NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR ANY OTHER MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OUR LIABILITY. DIGICEL BEARS NO RESPONSIBILITY FOR USE OF THE APPLICATIONS AND/OR SERVICES IN CONNECTION WITH ANY UNAUTHORISED, ILLEGAL, FRAUDULENT, OFFENSIVE, VIOLENT, IMMORAL OR INDECENT ACTIVITY.
IN NO EVENT WILL DIGICEL’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50.00), WHERE FAULT LIES SOLELY WITH DIGICEL. NO RIGHT OF INDEMNITY EXISTS FOR YOU AGAINST DIGICEL. FURTHERMORE, DIGICEL WILL INCUR NO INDEPENDENT OR THIRD PARTY OR VICARIOUS LIABILITY IN RELATION TO THE FAILURE BY YOU TO ADHERE TO THE TERMS AND CONDITIONS CONTAINED AND REFERENCED HEREIN OR ON OTHER RELATED AND LINKED INDEPENDENTLY OPERATED WEBSITES BY THIRD PARTIES.
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- SEVERABILITY. If, at any time, any provision of this agreement (or any part of a provision of this agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
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- 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 our part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you.
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- GOVERNING LAW. This Agreement is governed by and will be construed in accordance with the laws of St. Lucia, and the courts of St. Lucia shall have exclusive jurisdiction to resolve any disputes in connection with them.
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- NOTICES. Save where expressly provided, any notice required to be given by us to you in connection with the subject matter of this agreement may be given by email or via the Applications.
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CONTACT INFORMATION. If you have any questions about this agreement or any complaints or require any assistance with the Applications or the Services you have purchased, we are always here to help. Kindly contact us through the contact details here
MOBILE AIRTIME TOP-UP
- THE SERVICE TERMS
These terms and conditions govern the provision of mobile top-up services (“Services” or “Top-Up Service”) via the Digicel International website and mobile application (the website and mobile application hereinafter jointly referred to as the “Application”) by Prism Services Holdings Limited, with registered office located at 20 Micoud Street, Castries, St. Lucia, a wholly owned subsidiary of the Digicel Group and duly licensed to use the Digicel Brand (hereinafter referred to as “we”, “us”, “Digicel”) .
By using the Services you acknowledge and agree that you have read the terms and conditions of the Application as well as the Terms and Conditions hereunder (the “Terms”), understood these Terms, and expressly agree to be bound by this Terms.
The following documents and terms are incorporated into this Agreement and form a part of these Terms:
- the terms and conditions of the Application
- our Privacy Policy
- any disclosures, limitations or other information provided with, or printed on any materials or posted on the Application, associated with the Services.
If you object to any of the terms of this service agreement or subsequent modifications, you reserve the right to discontinue your use of the Application. No other remedy, legal or otherwise, is available to you.
- HOW TO ACCESS AND USE THE SERVICES
For you to access the Services, you must register for a Digicel International account and login to your account. Any information you provide to us in our Application to access the Services shall be used in accordance with our Privacy Policy.
You are responsible for all activities conducted through our Application from your devices where your login credentials have been used unless you have reported to us that your credentials have been compromised and instructed us to block your account.
- THE SERVICES
Through our Application you will be able to top-up mobile phones around the world. The Top-Up Service available on or Application is being provided by Ezetop Unlimited Company t/a Ding (“Merchant”).
Digicel and Merchant may be collectively referred to as “we” “us” “our”.
Please be aware that the availability of the Service may change from time to time at our discretion.
We reserve the right to update, revise, amend or unilaterally change the terms of this Agreement or the information in the Application at any time without notice. When changes are made we will update the Terms. It is the responsibility of the user to check the Application periodically for changes to the Agreement. Your continued use of the Services and Application following the notification of any modification to the Terms, constitutes acceptance of those changes.
- TOP UP TERMS & CONDITIONS
The Top-Up Service may not be available in certain jurisdictions. We may limit the number of Top-Ups and/or the value of Top-Ups over specific time periods. You will be automatically notified through the Application when these limits are reached or should you attempt to effect Top-Ups in excess of the limits. Other limits and exclusions may apply to the way which you can use this Application from time to time and you will be notified of these through your use of the Application.
You shall ensure that all instructions given by you to us through the Application are accurate and complete, and that, where appropriate, you correctly identify the mobile phone account to which any amount is to be credited or debited. In particular, prior to confirming any instruction to us, you shall ensure that the instruction which is relayed back to you confirming the instruction that you send through the Application is the instruction which you intend to give. We are entitled to rely on any instruction from you using and, for the avoidance of doubt, the processing by us of any such confirmed instruction shall be final and binding on you.
You shall carefully examine any Top-Up information received by you, or any other information provided by us to you through the Application from time to time and shall report any errors or omissions to us in writing within 30 days from the date of dispatch of such statements or receipt of such information. In the event that no error or omission is reported by you within the time specified, we shall be entitled to rely on the conclusiveness of the relevant statement of account as respects further transactions, provided that nothing herein will prevent us or you subsequently adjusting information to correct an error or omission, but in that case without any claim to compensation or damages arising on account thereof.
Top-Ups are purely for use domestically within the relevant listed jurisdictions (available on the Application, and subject to change) and not for roaming.
You undertake to us to comply strictly with this Agreement. You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorised use of the Application. You agree to indemnify us in full in respect of any loss or damages which may arise to us, you or any third party as a consequence of your non-compliance with this Agreement.
Top-Up is sent instantly to the appropriate mobile phone number upon payment by you. Once the Top-Up is sent to a mobile phone number, it can be used immediately therefore it cannot be refunded or removed from the phone. As refunds are not possible, we ask you to always confirm that the mobile phone number you have entered is correct.
TRANSACTIONS. You authorise us to act upon your instruction to debit your payment method received through the Application which has been transmitted using the authentication process which we require to be used in connection with the Application without requiring us to make any further authentication or enquiry, and all such debits shall constitute your liability.
Upon receipt of a proper and complete request from you for a Top-Up we will debit your payment method and will forward an electronic request to the relevant mobile network operator to provide a credit of the amount of Top-Up transferred for the benefit of the pre-paid mobile phone number nominated by you. The mobile network operator shall be solely liable to you in respect of the provision of the mobile services to which the Top-Up applies.
Subject to your compliance with the Agreement and provided you have not acted fraudulently or in a negligent manner, we shall accept liability for the non-execution or defective execution of a Top-Up effected through the Application but such liability shall be limited to the amount of the unexecuted or defectively executed Top-Up.
Information about some of the products and services on this Application may be subject to additional legal notices and warnings, identified as such. These notices and warnings are important and are for the protection of both you and us. Please take the time to carefully read all legal notices and warnings on the pages of this Application.
The third party products, services and information will not be provided or endorsed by us and your legal relationship will be with the third party supplier when purchasing such services or goods.
Where you purchase Top-up using a Diners or Discover credit card or make a USD currency purchase using a Visa or MasterCard credit card which was issued in the United States, your payment will be processed by Ezetop Online Services LLC (registered in the U.S. State of Delaware). All correspondence in relation to any Ezetop company should be sent to 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland or to partnersupport@ding.com.
Please note that certain issuing banks may charge an additional fee for processing payments for Top-Up transactions. These additional fees are not set or applied by Digicel or Ezetop and you are solely responsible for the payment of such fees. You may check with your bank to determine what if any fees are applicable to this transaction.
We will not check the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries 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 Application.
TERMINATION. We may terminate the Agreement and withdraw the Application and the Services provided through it:
- on giving you notice;
- immediately upon breach by you of any of the Terms or where there are serious grounds for doing so and provided you are informed by notice as soon as is reasonably possible after termination;
- immediately upon your bankruptcy or other contractual incapacity;
- if we reasonably believe that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.
We reserve the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.
YOUR CONTRIBUTION. When you send us any feedback, suggestions, ideas or other materials in relation to or via our site or the services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Policy.
NOTICES. Save where expressly provided, any notice required to be given by you to us in connection with the subject matter of this Agreement shall be given in writing and sent through the post addressed to Digicel (Jamaica) Ltd., 14 Ocean Boulevard, Kingston, Jamaica.
Save where expressly provided, any notice required to be given by us to you in connection with the subject matter of this Agreement may be given by any of the following means:
- the post,
- the Application, or
- Email.
USE OF INFORMATION AND CONFIDENTIALITY. Subject to the terms of the Digicel Privacy Policy, and except to the extent that such disclosure is required under compulsion of law or pursuant to a direction or request issued by a financial regulator or other competent statutory or regulatory authority, we shall ensure that all your confidential personal data held by us in relation to this Agreement shall only be accessible to us, our agents or a company controlled by us and shall be processed or used by us for purposes and in a way compatible with the discharge of our obligation to you under the Agreement.
You shall ensure that all information obtained from us by you relating to our operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by you in strictest confidence and shall not be disclosed by you to any third party unless it is already in the public domain.
INTELLECTUAL PROPERTY. The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in us or its licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.
Save where otherwise specified, the Intellectual Property Rights and contents of all the Application are owned by us or its licensors.
DATA PROTECTION. We will comply with our obligations under applicable data protection laws as regards relevant data in our possession relating to you and shall make available for inspection by you any information held by us about you in accordance with those laws. The Privacy Policy published on the Application from time to time shall apply to the use of personal data relating to you and shall form part of this Agreement.
TEMPORARY WITHDRAWAL OF SERVICE. In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with the Application and the Services, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Application for such reasonable period as may be required to remedy, address or resolve the system issue.
FORCE MAJEURE. We shall not be in breach of our obligations under this Agreement if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any 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 our control.
SECURITY, MAINTENANCE AND AVAILABILITY. You 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 unauthorised persons or delivered incorrectly. In consequence we cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.
From time to time it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to:
- make certain or all of the Services unavailable to you; and/or
- delay implementation of any new Services; and/or
- withdraw, replace or reissue Passwords; and/or
- change authentication procedures or processes for accessing the Application or the Services
AGENCY. You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not subcontract or assign any of your rights or obligations under this Agreement.
GOVERNING LAW. This Service will be governed by the laws of Jamaica. When you use the Application for this Top-Up Service, you accept that your use of the Application and any information on the Application in respect of the Top-Up Service, will also be governed by the laws of Jamaica and if any claim or dispute arises from your use of the Application or any of the information on it in respect of the Top-Up Service, you agree that the Jamaican courts will have exclusive jurisdiction over all such claims or disputes.
All relations established by us with you prior to this Agreement being entered into, and this Agreement, are governed by and will be construed with the laws of Jamaica, and the courts of Jamaica shall have exclusive jurisdiction to resolve any disputes in connection with them.
SEVERABILITY. If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
WAIVER. Any waiver by us 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 our part to exercise or avail of any right, power or privilege that we have or may have, operate as a waiver of any breach or default by you.
LANGUAGE. The Agreement and all other documentation which will be provide by us to communicate with you throughout the duration of the Agreement will be prepared in the English language, and all communications between us and you will also be conducted in the English language.
INTERNATIONAL MONEY TRANSFER
Please read these Terms and Conditions carefully before accessing or using this App, website and the services provided therein.
THE SERVICE TERMS
These terms and conditions govern the provision of the services (“ Services”) to you through Digicel both within the Digicel website and mobile applications (“ Applications”).
By using any of the Services you acknowledge and agree that you have read the terms and conditions of the Application as well as the terms and conditions hereunder (the “ Terms”), understood these Terms, and expressly agree to be bound by this Terms. The following documents and terms are incorporated into this Agreement and form a part of these Terms:
the terms and conditions of this website
our Privacy Notice
any other terms and conditions of a particular service that are posted in the Application; and
any disclosures, limitations or other information provided with, or printed on, any materials associated with the Services.
If you object to any of the terms of these Terms or subsequent modifications, you reserve the right to discontinue your use of the Applications. No other remedy, legal or otherwise, is available to you.
DEFINITION
In these terms and conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:
“ Remittance Service” means the transfer of funds from a sender to a beneficiary in a destination country using the RIA Platform and paid out through the third parties;
“ RIA Platform” means the system operated by RIA through which the Remittance Service is provided;
" Transaction" refers to each money transfer that you initiate under, and each other use that you make of, the Remittance Service through the Applications
“ Transaction Limit” means the daily, weekly and monthly prescribed monetary thresholds attached to the Remittance Service.
“ User” means a person who accesses the Remittance Service through the Applications;
HOW TO ACCESS AND USE THE SERVICES
For you to access the Services, you must register for a Digicel account and login to your account. Any information you provide to us in our Applications to access the Services shall be used in accordance with our Privacy Notice.
You are responsible for all activities conducted through our Applications from your devices where your login credentials have been used unless you have reported to us that your credentials have been compromised and instructed us to block your account.
THE SERVICES
Through our Application you will be able to send money transfers around the world . The Remittance Service is being provided by Continental Exchange Solutions, Inc. t/a Ria (“Ria” or “Merchant”)
Please be aware that the availability of the Service may change from time to time at our discretion.
- These Terms are to be read in conjunction with the RIA terms and conditions (“RIA Terms”) found here:
the RIA Privacy Policy which can be found at https://www.riamoneytransfer.com/us/en/privacy-policy;
the RIA Terms and Conditions including as follows:
Fraud Prevention: https://www.riamoneytransfer.com/us/en/fraud-awareness
File a Complaint/State Licensing: https://app.riamoneytransfer.com/en-us/file-complaint
Error Resolution: https://us.riafinancial.com/en/errorresolution/english
- T&Cs including Electronic Agreement: https://riamoneytransfer.com/us/en/terms-and-conditions
These Terms in conjunction with the RIA Terms shall govern your use of the Remittance Services. Where there is a conflict between these Terms and the RIA Terms, except where clause F is concerned, the RIA Terms shall govern.
We reserve the right to update, revise, amend or unilaterally change the terms of this Agreement Application at any time without notice. When changes are made we will update the Terms and Conditions. It is the responsibility of the user to check the Terms periodically for changes to the Agreement. Your continued use of the Services following the notification of any modification to the Terms, constitutes acceptance of those changes.
The Service may not be available in certain jurisdictions. The Applications will indicate the jurisdictions in which the Service is available.
The RIA Platform is embedded via an inline frame in the Applications and loads a third party website within the Application for the convenience of the User. All processing is done by means of the RIA Platform, a third party website, and as such Digicel accepts no liability for any loss or damage of any sort incurred as a result of any act or omission related to such processing or verification.
ACCESS LIMITATIONS & RESTRICTIONS
Access to these Remittance Services may be limited, delayed or unavailable during periods of peak demand, market volatility, system upgrades or maintenance, or communication system problems.
Digicel shall have the right to monitor your account usage and may disclose personal information to local law enforcement or investigative agencies or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of money laundering activities, fraud or other criminal activities.
LIMITATION OF LIABILITY
You undertake to us to comply strictly with this Agreement.
You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorised use of the Application.
You agree to indemnify us in full in respect of any loss or damages which may arise to us, you or any third party as a consequence of your non-compliance with this Agreement.
Digicel will not be responsible for any claim unless caused by willful default by Digicel, its employees or the Applications systems.
Digicel specifically disclaims all liability for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to:
Any delay or unavailability of the service;
Any issue with the processing of a Transaction, including but not limited to:
Transaction made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by you;
any fraud, deception or misrepresentations by any User;
Digicel’s total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise under or in connection with any claim related to your money transfer transaction shall be limited to 100% of the amount sent.
We shall have no liability for any failure or delay resulting from any event or condition beyond the reasonable control of us, including connectivity issues, RIA system failures, governmental action or acts of terrorism, strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, pandemic, endemic, war, riot, civil commotion, malicious damage, accident, breakdown of plant or machinery, earthquake, fire, flood or other acts of God, compliance with any law or governmental order, rule, regulation or direction, default of suppliers or subcontractors or internet disturbances.
DATA PROTECTION AND PROCESSING
The User represents that all personal information provided to us concerning the User and the Recipient shall be accurate, current and complete in all respects.
By providing us with the above information, the User gives us permission to store and process such information as described in our Privacy Notice, and transmit all information provided to us to our third party provider RIA for the purposes of carrying out the Services.
You must promptly update us with any change in your contact information .