TERMS OF SERVICE.
Welcome to InstantTopUp and thank you for using our service.
InstantTopUp (“the Financial Services and Vending Platform”, “Platform”, “Service”) is an electronic distribution platform that allows individuals to purchase virtual products and services such as airtime, mobile data, and recharge card printing services, tv subscription, and spot betting account funding. It provides quick and convenient access to bill payments including electricity and Tv subscriptions.
Money transfer services are also available these terms for the purpose of these Terms of service, ‘you’ or ‘your’ means the users of this mobile application and its services, ‘we’, ‘us’ or ‘our’ refers to InstantTopUp – Bigtink Digital Creations (BN: 3524312)
By using InstantTopUp, you agree to these terms (‘the InstantTopUp ‘Terms of Service’).
PLEASE READ CAREFULLY AS USE OF THE PLATFORM INDICATES YOUR ACCEPTANCE OF THESE TERMS.
these terms Other Definitions:
Account”, “Wallet” refers to an electronic stored value account created for use by registered customers. Credits, debits and charges are applied to this account.
A “Guest” is a customer that accesses products and services on the platform without creating an InstantTopUp account.
“Registered phone number” and “Registered Email address” refer to the phone number and/or email address provided at the point of account creation as the official contact details of the User.
“Voucher” refers to codes that can be applied either as payment for transactions or as a method of wallet funding. Voucher codes can only be generated by InstantTopUp.
“Money transfers” refer to transfers of funds to a bank account, e-wallet, or mobile phone as applicable
“Card” Debit or Credit payment instrument in the form of a plastic card provided to you by your financial institution.
“USSD payment” refers to the payment made directly from your account by generating a USSD code specific to your financial institution and authorized by you.
“Customer Service” refers to our customer support team and all the accessible channels to reach us, including but not limited to
Email: [email protected]; and
Minimum Age and Ability to Bind.
This service is available only to individuals that can form legally binding contracts under applicable laws. If you do not qualify, you are not permitted to use this service. If you are using the Service on behalf of any individual you represent and warrant that you have the ability to bind such organization by your use of the Service.
You agree to provide true, accurate, current, and complete information about yourself as applicable, as requested in the registration form and elsewhere on the platform, and agree to update such information if it changes. e. Persons who are under 18 years of age should review these terms and conditions with a parent or guardian.
InstantTopUp is a service offered by InstantTopUp – Bigtink Digital Creations (BN: 3524312) and designed to allow you to:
Sign Up Or Create An Account;
Credit Your InstantTopUp Wallet By Any Means Available On The Platform;
Access To Multiple Services Such As Airtime & DATA Top Up, Bill Payments, Cable TV And Money Transfer Services.
Communication with You.
We reserve the right to send messages to you to inform you of changes or additions to the service, website, applications, these terms or these terms violations of these terms or actions relating to your privilege to access and use the service, or any other matter relating to the service or these terms.
Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in these terms. By agreeing to these terms, you acknowledge that we may contact you via telephone (either by a live person, automatic dialer, prerecorded message or a combination of the foregoing) or emails to discuss the product and you consent to such contact. Further, you consent to receive such phone calls and SMS at the telephone number you entered on the platform.
Upon request, we may also contact you via telephone (including by automatic dialer or prerecorded message) or send you an SMS in order to provide you with your password or other information you request.
Wallet and Transaction Records
As a registered user, you may generate reports or request a record of transactions on your account at any time. Unless otherwise noted at the time of the request, all records of transactions will be provided free of charge, with the exception of SMS or network charges.
You must inform us within 30 days of the date of any transaction. Should you fail to do this within this timeframe, it will be interpreted as you waiving the right to dispute any transactions reflected on the statement or to recover any losses from unauthorized transactions reflected on the receipt/summary.
Wallet Immediate Withdrawal
As a registered InstantTopUp user, you may find the need to fund your account and place a withdrawal (Inform of transferring your funds(wallet balance), back to your preferred banking institution. In this case, if you ever fund your wallet and place a withdrawal immediately, without performing any transaction with our app or website, our system will automatically place a restriction on your account, as it violates our payment processing algorithm and will mark it as spam.
Your chargeback may take 2-6 days to reflect back to your wallet.
Every Saturdays – Sundays, we don’t process withdrawal.
Note, every withdrawal that was sent to our system will reversed within this time.
Fees and Entitlements.
You will not be entitled to any commission throughout the period of you being an InstantTopUp guest/user. The convenience fee, where applicable will be added to the value of the purchase made. The applicable fees are subject to change at any time at our sole discretion, and if you do not agree to any such changes, you should contact us to close your account. You will receive a notification at the point of payment notifying you of the significant charges applicable for the intended product.
Restrictions on Use.
Prohibited Content and Commerce Statement. We prohibit the Service from use by any party that is involved in the sale or distribution of materials or information that are legally prohibited in Nigeria.
Use of Service. You further agree to comply with the following in connection with your use of the Service:
You may not access or use the Service in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the InstantTopUp Website (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the API plug in).
You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or another automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Service while on your website for any unauthorized purpose. You may not use the Service in a way that, to be determined in our sole discretion damages, disables, overburdens, impairs, or gains unauthorized access to InstantTopUp’s servers, computer network, or user accounts.
You may not use the Service in a way that removes, modifies, disables, blocks obscures or otherwise impairs any advertising in connection with InstantTopUp. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, and use to create a derivative work, or otherwise use the content of the Service on your website for public or commercial purposes without our express written permission. Users can only set up single account to avoid duplication
ACCESS TO DATA
All sensitive data such as customer PINs and passwords are stored in encrypted format throughout our systems and databases. We also protect our systems and your data from external access by using multiple levels of firewalls. InstantTopUp staff and customer service representatives cannot access your data without system authorization. They do not have access to customer PINs or passwords and will never ask you to provide this information.
When signing up for an InstantTopUp account, you will be prompted to create a unique username and password. You are responsible for the safekeeping and proper use of this data.
You are responsible for all transactions that take place on your account with your PIN and you indemnify us against any claims made in respect of such transactions.
At any time you believe or discover that your PIN has been stolen or compromised, you should contact our Customer Service immediately. We will place your account on hold to prevent any transactions from being carried out as soon as we reasonably can.
You will remain responsible for all transactions that occur until your account is put on hold.
Should you dispute any purchase or withdrawal debited to your account, you will be required to prove that it lacked your authorization. Such transactions will be investigated once we receive an affidavit clearly stating that you had not authorized the transaction, supported by proof of this.
We will use your registered phone number and a selection of questions to confirm your identity when you call Customer Service. This method gives us your authorization to service your account and execute your instructions.
ANTI-BULLYING, HARASSMENT, AND DISCRIMINATION POLICY.
All the information we collect from you and about you are used in the following ways: To operate and administer your InstantTopUp account securely. To carry out your instructions to make payments and undertake your transactions using our service and send you notification of the transaction and payment.
To notify you about changes to our terms and policies. To communicate with you on updates, complaints, and feedback. To improve our internal customer service training. For Quality Assurance purposes. For customer service including answering questions and responding to feedback and complaints. To enhance the security of our Service and the InstantTopUp account.
HOW WE STORE AND PROTECT YOUR INFORMATION.
This policy covers any bullying, discrimination & harassment that takes place at any of our Merchant locations, Merchant websites/platform, social media pages, and any other place.
We are committed to providing a platform free from bullying and harassment, thereby ensuring that all our Staff, Users, Merchants, and Merchant customers are treated and treat others with respect, consideration, courtesy, and dignity at all times. Our platform has a duty to provide a safe environment and platform for all its users, bullying and harassment are unlawful and will not be tolerated by us.
It May be described as repeated and unreasonable behavior directed toward a person, or a group of people, that creates a risk to health, safety, and well-being Examples of behavior that may constitute bullying include, but are not limited to Intimidation;
Verbal abuse or threats, including yelling, screaming, and offensive language at the customer or attendee.
Cyberbullying; or Physical, intellectual, or emotional abuse.
Harassment is any form of behavior that is unwelcome, unsolicited, unreciprocated, and usually (but not always) repeated. It is behavior that is likely to offend, humiliate, or intimidate.
Offensive, derogatory language or intimidating actions or behavior;
Insulting or threatening gestures, language (overt or implied), or continual and unwarranted shouting.
Can be threatening, blackmailing, or demanding in nature.
Phone calls, messages, posts, and comments on voice mails or electronic mail, or computer networks that are demeaning, threatening, abusive, humiliating, or offensive to staff;
Discrimination: refers to treating a person, or a group of people less favorable than another person or group and can be on the grounds or situations listed below. Discrimination on the grounds of:
Gender or Gender identity
Marital status, or pregnancy;
Class, caste, social origin;
Race, nationality, ethnicity; skin colour;
Level or type of education;
Religious beliefs (or lack of);
Health status (dependent on role requirements);
Disability or impairment;
Trade union activity (or lack of).
Political or particular belief (or lack of).
No Rights in Software.
This is an Agreement for services and access to the platform, except as expressly set forth herein, you are not granted a license to any software by these terms and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the platform or any software, documentation, or data related to the platform; remove any proprietary notices or labels from the Website or Service or any Software; modify, translate, or create derivative works based on the platform or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the platform or any Software.
You acknowledge that such assistance and information is provided as a convenience to you and that such assistance and information are not intended to and do not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that use of or compliance with this information will be sufficient to comply with your obligations hereunder, applicable law or with third-party rights.
Membership Termination/ Notice of discontinuation.
We reserve the right to modify, revise, suspend or discontinue any membership on this Platform in whole or in part, either temporarily or permanently and with a notice of 5 working days. If you wish to discontinue your membership on this Platform you are to contact us via mail with 10 working days advance notice of discontinuation.
NOTE: notice of discontinuation does not equal membership termination. Notice of discontinuation is only the first step to membership termination and only refers to the email communication you send us expressing your desire to terminate membership.
YOU ARE SOLELY RESPONSIBLE FOR TERMINATING YOUR InstantTopUp ACCOUNT AND THESE TERMS. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THESE TERMS OR FOR ANY CREDIT CARD OR OTHER CHARGES OR FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THESE TERMS. These terms and any rights or licenses granted to you hereunder remains valid from the period you send the notice of discontinuation to the point in time when your membership is actually terminated. Hence upon the termination of your account by you or us, these terms and any rights or licenses granted to you hereunder, shall immediately terminate.
Warranty Disclaimer; Remedies; Release.
YOU EXPRESSLY AGREE THAT THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE OR THE PLATFORM AND ANY RELIANCE BY YOU UPON THE PLATFORM, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS. WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD-PARTY SERVICES. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (a) THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY CONTENT, OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US, OR (b) ANY EVENT HOSTED, DONATION SOLICITED, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS. NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SITE OR THE SERVICE SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE SITE OR THE SERVICE. WE WILL NOT BE HELD LIABLE FOR ANY FRAUDULENT TRANSACTIONS FULFILLED OR PAID FOR THROUGH THE PLATFORM ORIGINATING FROM YOUR DEVICE, ACCOUNT, OR APPLICATION. YOU OFFER YOUR DEVICE OR APPLICATION FOR USE BY OTHERS OUTSIDE YOUR ORGANIZATION, YOU AGREE TO USE ANY PROCEDURES, CONTROLS AND MEASURES THAT ARE APPROPRIATE FOR YOUR BUSINESS TO REDUCE THE RISK OF FRAUD. IN THE EVENT THAT YOU SUSPECT ANY FRAUDULENT ACTIVITY BY A CUSTOMER, YOU AGREE TO NOTIFY InstantTopUp IMMEDIATELY AND QUIT THE DELIVERY OF THE SERVICE. IN ADDITION, WHERE WE SUSPECT THAT THERE HAVE BEEN FREQUENT FRAUDULENT TRANSACTIONS ON YOUR ACCOUNT, WE RESERVE THE RIGHT TO CANCEL OUR SERVICE TO YOU AND/OR YOUR ACCOUNT. TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS.
Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL InstantTopUp TECH-INNOVATIONS LIMITED OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS AND MEMBERS OF OUR NETWORK, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “CONSTANT CONTACT”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF InstantTopUp TECH-INNOVATIONS LIMITED SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF InstantTopUp TECH-INNOVATION TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO THE RESELLER FEE DUE TO YOU FROM THE RESALE OF InstantTopUp SERVICES AS AN InstantTopUpUSER. YOU AGREE THAT InstantTopUp TECH-INNOVATIONS LIMITED HAS SET ITS RESELLER FEES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THEY REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS), AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Your use of the InstantTopUp platform and /or any other information exchange media, made available by us “Bigtink Digital Creations (BN: 3524312)” (collectively called “InstantTopUp”) is governed by these Terms of Service.