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Preamble
These are the Terms of Service of Mobytop. These terms govern the contractual relationship between the operators of Mobytop (in the following referred to as “Mobytop”) and the natural persons using the Mobytop services (in the following referred to as “user”).
§ 1 Introduction
(1) Mobytop offers its users a service to charge a German and international account of prepaid phone cards. It provides for a safe, efficient and transparent way of transfer and helps to facilitate and further your personal social network.
(2) The user concludes a contract on charging a mobile prepaid account. A contractual relationship concerning any direct mobile phone services only exists to the mobile provider. Mobytop is within the charging contracts not obliged any supply of mobile Telephone services.
(3) The displayed credit of the prepaid phone card does represent a credit only towards the mobile phone provider, to which only the terms of service of the respective provider are material. Mobytop excludes any responsibility for the administration, billing and use of the credit as well as the prepaid phone card. Mobytop does in no way act as representative of the mobile phone providers.
§ 2 Eligibility and Registration
(1) The Mobytop services are intended for users of at least 18 years of age. By registering, applicants assert and warrant that they are 18 or older and that they are capable of understanding, agreeing and complying to these Terms.
(2) The use of Mobytop is subject to registration. Registration includes the truthful and accurate submission of all relevant registration information. The registration information includes at least the full name, address, a valid e-mail address, a username and a password.
(3) Mobytop reserves the right to refuse the registration or service if there is an imminent danger of fraudulent use.
(4) Furthermore Mobytop reserves the right to deny the registration in case the user is not domiciled in one of the listed regions or in case the financial institution or mobile service provider does not have its place of business in one of the listed regions.
§ 3 Data Security
(1) Mobytop will solely use the personal data of users for the execution of the respective order. Therefore personal data (name, address, telephone number) are only transferred to companies which are embedded in the execution of the specific service, insofar as it is inevitable. To execute the payments Mobytop will transfer billing data to its bank. There will be no transfer of personal data to any third party or any use of the personal data for commercial purposes. Personal data will be locked after total completion of the charging contract and billing and deleted after the expiration of any legal saving obligations.
(2) Registered users of the Mobytop services are responsible to keep their password secure. The user is obliged to use at all times only his/her own password and ID for accessing Mobytop services. The user is entitled to change his/her password from time to time for security reasons.
§ 4 Administrative Rights
(1) Mobytop reserves the right to partially or fully disable parts of the services or the full functionality of the community in order to implement updates or to secure a high level of functionality and security respectively.
(2) Mobytop is entitled to deny the execution of user requests if there is the danger of a potential infringement of legal rules or an abuse of Mobytop services.
§ 5 Duties of the user
(1) The user of Mobytop Services warrants that he is the sole and beneficial owner of the credit card account to be charged and that no third party has any interest therein.
(2) Mobytop expressly advises the users, that due to the Terms of Service of the mobile phone providers, the charging code as well as the credit have to be used within a certain period and expire otherwise. To secure the use of the charging codes it is recommended, to activate the charging code towards the mobile service provider within two weeks after reception.
(3) The user solely takes the risk of giving wrong information concerning the prepaid account that should be charged. If the mobile phone provider reimburses and credit to Mobytop, it will refund the payment to the user with a deduction of a 20 % service charge and any costs of the credit institutions.
(4) The user will indemnify Mobytop in full against all direct or indirect claims, loss, damages, proceedings, demands, costs or charges that arise due to a breach of this warranty.
§ 6 Price and payment conditions
(1) The price of the charging service is without any extra charge equal with the nominal value, which is stated at the every specific order of the user.
(2) The payment for the charging service is due with the transfer of the activation code to the user or the direct charge of the prepaid account.
(3) The due payment will be debited to the credit card of the user. The user authorizes Mobytop to act upon any instruction to debit the registered credit card account.
(4) The transaction will be initiated by Mobytop as soon as the final confirmation of the user request is received by Mobytop. Mobytop does not offer any mobile telephone services. The further execution of the transaction therefore solely resides within the sphere of liability of the mobile phone service provider.
(5) The user is obliged to ensure that any information provided by him/her for the processing of transfers is correct, appropriate and complete. In particular he/she has to ensure that the correct beneficiary is selected and that he/she informs Mobytop well in advance of any potential changes in respect to the addressee.
§ 7 Revocation Rights
Due to German law we are obliged to give the following clarification:
(1) You have the right to revoke the contract within a period of one Month without the provision of any reasons in writing (e.g. letter, e-mail). The earliest starting point of the revocation period is when you receive this notice. In order to meet the revocation period it is sufficient to send of your notice within the period of one Month. Please address your revocation to: Global Funds Transfer (GFT) GmbH, Karlstrasse 35, 6th floor, 80333 Munich, Germany.
(2) In the case of an effective revocation both parties have to return, what they have received and any usage of the received needs to be paid for (e.g. interests). If the goods or services cannot be returned or only be returned in a devalued condition, you have to pay compensation. No compensation needs to be paid, if the devaluation is only due to an inspection which would have been possible in a high street shop. In addition you can avoid having to pay compensation, if you are not using the good or services as if it would be your own property and avoid any devaluation. Mailable goods or services have to be sent back. You have to pay the postage, if the received goods or services are the ones you have ordered and the value of the goods you want to return is not greater than Euro 40, or in they case of goods of a higher value if you have not paid the goods in full or an agreed part there of at the point of revocation. In all other cases the return of the goods is free of charge for you.
(3) In connection with services the right to revoke, ceases early, if MOBYTOP already started with express consent of the consumer with the execution of the service before the expiration of the revocation period.
§ 8 Availability and Functionality
(1) With the reception of the charging code the risk of any accidental loss of the credit is going over to the user. MOBYTOP recommends its users to activate the charging code towards the mobile service provider within two weeks after reception. After this period MOBYTOP can not be held liable for the redeemability of the code.
(2) Mobytop will try to secure a full functionality and a speedy execution of the user’s demand as well as a transfer of the top up request in due time. However, Mobytop does not warrantee any specific speed of access, data transfer or topping up.
(3) The account can only be used in order to effect a limited number of transactions. The user is not entitled to claim the execution of a specific number of transactions or to require a specific time limit within which a transaction should be executed.
§ 9 Indemnification
Users agree to indemnify and hold Mobytop, and its respective officers and employees, harmless from any claim made by any third party due to or arising out of the use of the Mobytop services in violation of these Terms of Service.
§ 10 Governing Law, Venue and Jurisdiction
(1) By using the service of Mobytop users agree that German law will apply to govern these Terms of Service and the relationship between them and Mobytop without regard to the conflict of laws rules.
(2) Any disputes with Mobytop have to be settled in the District Courts of Munich, as far as legally permissible. However, Mobytop is entitled to initiate proceedings in any appropriate court
§ 11 Final provision
(1) Mobytop reserves the right to alter, modify, add or delete portions of these Terms of Service. Mobytop will notify its users in advance about any changes. Users will be offered the possibility to agree to these changes. Agreement to the Terms of Service in their current version represents a prerequisite for further use of all Mobytop services.
(2) Should any provision of these Terms of Service be or become ineffective, or should a loophole emerge, the effectiveness of the remaining provisions shall not be affected. In place of the ineffective provisions or in order to fill the gap a reasonable provision shall be applied which comes as close as possible to the sense and purpose of Mobytop services and these Standard Terms.
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