PRONTO TOPUP® Terms and Conditions
Terms of Use for PRONTO TOPUP® and Services
Introduction
Please read these terms of use carefully as this is a legal agreement between you and Secure IP Telecom, Inc. (SECURE IP) governing your purchase and use of the PRONTO TOPUP® and Services, as well as your use of the SECURE IP www.secureip.io, www.americavoice.com, prontotopup.com (the “Websites”). By purchasing or using any of the Services, accessing the Website PRONTO TOPUP® or creating a SECURE IP, America Voice or Pronto Top Up Member Profile, you acknowledge and agree that you have read, understood and have agreed to be bound by these terms of use, including any future modifications (collectively, the “User Agreement”).
General Terms of Use
Secure IP Telecom, Inc. (SECURE IP) is the owner of all rights, title and interest of the brand PRONTO TOPUP® and its Services. SECURE IP grants you a non-exclusive, non-transferable right to use the PRONTO TOPUP® website and Services subject to your compliance with these Terms and Conditions. You may not copy, modify, reverse engineer, decompile, disassemble, assign, sublicense, transfer, pledge, lease, rent or otherwise share the PRONTO TOPUP® website or Service. SECURE IP will offer the Services to you in accordance with this User Agreement subject to availability. SECURE IP makes no representation that any of the Services are available for use in any particular location. To the extent you choose to access a Service, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will we be liable for the removal or disabling of access to any Service. We may also impose limits on the use of or access to any Service without notice or liability.
Rights of Secure IP Telecom, Inc.
You acknowledge and agree that SECURE IP retains all title and ownership of the brand PRONTO TOPUP® and its Services and that SECURE IP does not convey any title or ownership interest in the Tú Hablas Más website or Service to You. You further acknowledge and agree that the only right granted to you by this Agreement is the limited license to use the PRONTO TOPUP® website and Service according to the terms and conditions of this Agreement.
Term
This Agreement will continue on a month-to-month basis unless and until either party terminates this Agreement as provided herein. SECURE IP may terminate this Agreement upon Your breach of any term of this Agreement. In the event SECURE IP terminates the Agreement due to your breach you will not be refunded any pre-paid amount.
New Services
SECURE IP, may, from time to time, introduce new online services and information as part of the PRONTO TOPUP® Services. SECURE IP will notify you of the existence of these new services. Access to such new services shall be subject to the terms and conditions of this Agreement.
Fees
Please contact your account executive, relationship manager or our customer service department for information regarding any fee you may be charged for PRONTO TOPUP® Services.
Applicable fees, if any, do not include, and You shall be solely responsible for, any and all taxes of whatever nature, including without limitation, withholding taxes or other taxes imposed by foreign jurisdictions, federal, state and local taxes and surcharges applicable to the services rendered under this Agreement, excluding taxes based on the income of SECURE IP. SECURE IP shall not be liable for, and you shall pay directly and indemnify and hold SECURE IP and its affiliates harmless from and against any and all liability for, all such taxes and/or surcharges.
Payments with Credit/Debit cards
SECURE IP is not responsible to inform its clients or providers about any updates on usage policies from the issuing companies of financial products on credit/debit cards. Likewise, Visa, MasterCard, American Express and Discover can eventually make updates to their policies at any time. You are required to abide by such updates, and you must visit the corresponding articles in the digital platforms of your preference to find out about the most current policies.
Visa, MasterCard, American Express and Discover reserves the right to remove any content from its sites without prior notice and for any reason, as well as reserving the right to deny any user or various users’ access to their sites or any part thereof.
Termination of Service
SECURE IP may terminate the PRONTO TOPUP® Service offered hereunder at any time for any reason. In the event such termination is for any reason other than a breach of this Agreement by You.
Account
As a registered user of the PRONTO TOPUP® Service, you may establish an account (“Account”). Don’t reveal your Account information to anyone. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Secure IP of any security breach of your Account. SECURE IP shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register for the PRONTO TOPUP® Service website, and you agree to update your PRONTO TOPUP® Registration Data and to keep it accurate and complete. You agree that SECURE IP may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
Which of your data may PRONTO TOPUP® collect or use?
- Contact Details: name; email address; telephone number; social media ID (for register or login).
- Payment Details: cardholder name; credit or debit card details (however, we only retain certain parts); chargeback information; billing address; PayPal ID.
- Transaction Details: transaction amount and currency;
- Correspondence and Complaints: any correspondence that you choose to send to PRONTO TOPUP® (including complaints); any information you provide to our customer care team; any information you publish about PRONTO TOPUP®;
- Transaction History: details of the transactions (including date and time and relevant service provider) you carry out, and your visits to the Website.
Account Information
For internal and external use of PRONTO TOPUP® Service, the consumption data will be disclosed in the eCommerce statistics in order to measure the commercial growth of the brand.
Customer Support
SECURE IP shall provide support for the PRONTO TOPUP® Service to you via telephone customer support at +1 (866) 470-4235.
System Availability
You acknowledge and agree that, even though you generally will have access to the production files containing your registration and transaction information with the PRONTO TOPUP® Service – twenty four hours a day, seven days a week (except in cases of a force majeure event), access to client’s accounts and certain other services may not be available continuously and the PRONTO TOPUP® Service may periodically be out of service for equipment and/or software maintenance purposes.
Account Inactivity
SECURE IP may terminate this Agreement and Your access to the Tú Hablas Más Service if You fail to use Your the PRONTO TOPUP® Service account or if Your account remains inactive for a period of time as determined by SECURE IP. If your access to the PRONTO TOPUP® Service is terminated due to account inactivity, you may re-register for access to the PRONTO TOPUP® Service through the same process in which initial access was granted.
Data Storage
SECURE IP may, from time to time, delete, purge or otherwise dispose of your account data. In addition, only a limited amount of data or information may be available online. Therefore, you are advised to periodically print and download your account data for record keeping purposes. You specifically agree that SECURE IP shall not be responsible for the deletion or disposal of any data or information from the PRONTO TOPUP® Service and that all PRONTO TOPUP® Service data is fully owned by SECURE IP.
Copyrighted Material
The PRONTO TOPUP® website and Service, contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, and graphics. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, whether copyrighted, trademarked or proprietary, or otherwise. You may download copyrighted material solely for your own use as contemplated under this Agreement. Except as expressly provided by copyright law, any copying, redistribution, or publication must be with the express permission of SECURE IP and the owner(s) or such authorized person(s), if other than SECURE IP. In any copying, the redistribution or publication of copyrighted material and any changes to or deletion of author attribution or copyright notice is expressly prohibited.
Confidential information
You further acknowledge that the PRONTO TOPUP® website and Service may contain information which is designated confidential by SECURE IP and that you shall not disclose such information without SECURE IP’s prior written consent.
Your Responsibilities
You shall use the PRONTO TOPUP® Service and any components thereof for lawful purposes only. You shall not post or transmit through the PRONTO TOPUP® Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasion of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SECURE IP express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that restricts or inhibits anyone other than you from using the PRONTO TOPUP® Services, as determined by SECURE IP, will not be permitted and is cause for immediate termination of this Agreement.
Security of Information
SECURE IP will take all commercially reasonable steps to maintain the security of the PRONTO TOPUP® Service data. SECURE IP will provide the details related to such security to you upon a legal request. However, you recognize and agree that there is no guarantee of absolute security of information that is communicated over the Internet, and that the foregoing security measures may change over the term of this Agreement. You acknowledge that all information transmitted and received through the Internet or other electronic means is subject to unauthorized interception, diversion, corruption, loss access or disclosure. You are encouraged to read our Privacy Statement for further terms and information.
Disclaimers
SECURE IP, its parents or subsidiaries and their respective employees, officers, directors, affiliates, agents, licensors, licensees do not make and hereby expressly disclaim any representation or warranty (i) that access to the PRONTO TOPUP® Service will be uninterrupted or error free, (ii) that security breaches will not occur with respect to any information communicated through the PRONTO TOPUP® Service, the Internet, or any common carrier communications facility, (iii) as to the results that may or may not be obtained by You in connection with Your use of the Tú Hablas Más Service. SECURE IP, SUBSIDIARIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS, AGENTS, LICENSORS, LICENSEES DO NOT MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION (EITHER EXPRESS OR IMPLIED) REGARDING THE MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE TU HABLAS MAS SERVICE OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT, AND ALL SUCH WARRANTIES, GUARANTEES AND REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. ALL SERVICES PROVIDED UNDER THIS AGREEMENT AND THE PRONTO TOPUP SERVICE IS PROVIDED ON AN “AS-IS, WITH ALL FAULTS” BASIS.
Indemnification
You agree to indemnify and hold SECURE IP, subsidiaries and their respective employees, officers and directors, licensors, and licensees harmless from and against any claims and expenses, including reasonable attorneys’ fees, related to any breach of this Agreement by You or any negligence or willful misconduct with respect to Your use of the PRONTO TOPUP® Service.
Limitation of Liability
You acknowledge and agree that neither SECURE IP, subsidiaries nor its licensees or licensors shall be liable to You for any claims, damages, losses, obligations, costs or expenses or other liability arising directly or indirectly from or otherwise concerning (i) any termination, suspension, delay or disruption of service (including billing for a service) by the Internet, any common carrier or any third party service provider; (ii) any failure, disruption or malfunction of the PRONTO TOPUP® Service, or any communications network, facility or equipment beyond SECURE IP, its licensors, or a third party provider’s reasonable control, whether or not attributable to one or more common carriers; (iii) Your failed attempts to access the PRONTO TOPUP® Service or to complete transactions via the PRONTO TOPUP® Service; (iv) any failure to transmit, obtain or collect data or for human, machine or software errors or faulty or erroneous input by You; (v) any damages resulting from any delays and/or losses arising in connection with the services provided hereunder; or (vi) any loss of or inability to access data or information stored or generated by the PRONTO TOPUP® Service or SECURE IP.
Not withstanding anything to the contrary in this Agreement or elsewhere, SECURE IP and/or its licensors’ cumulative liability to You for any claim related to this Agreement and Your use of the Tú Hablas Más Service (whether arising from tort, statute, contractor otherwise) shall in all cases be limited to the actual, direct and proven out-of-pocket losses, damages or expenses suffered or incurred by You arising from SECURE IP’s willful misconduct or gross negligence. Furthermore, SECURE IP or its licensors’ cumulative liability to you shall not, in any case, exceed the fees paid solely under this Agreement to SECURE IP by You during the month preceding the month in which the claim arose.
Not withstanding anything to the contrary in this Agreement or elsewhere, in no event shall SECURE IP or its licensors be liable to You or to any third party for any indirect, special, incidental, consequential, punitive or unproven losses, damages or expenses of any kind, including, without limitation, lost profits or loss of goodwill arising from the use or inability to use the PRONTO TOPUP® Service including, without limitation, the inability access your data or information generated or stored on the PRONTO TOPUP® Service, and regardless of whether such claim arises in tort, in contract or by statute or regulation.
Both SECURE IP and You acknowledge and agree that the provisions and limitations of this Section are of the essence of this Agreement and that absent them, neither SECURE IP nor You would have entered into this Agreement.
Governing Law
This Agreement shall be construed and governed in accordance with the laws of the State of California, excluding its conflict of law provisions.
U.S. Government Restricted Rights
Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or to its standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement.
Account Control Certifications
You acknowledge that this Agreement and Your use of the Tú Hablas Más Service may be subject to U.S. economic sanctions and embargo laws, including, but not limited to, the Trading With the Enemy Act, the International Emergency Act, and similar laws, violations of which may be subject to U.S. civil and criminal penalties. You specifically represent and warrant that You have not been designated by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), as a Specially Designated National or blocked person, that You have no reason to believe that You would be considered a blocked person by OFAC, and that You are not acting as agent of any such person. You further represent and warrant that you are not employed by, acting as agent of partially owned or controlled by a government.
Termination
Should any term of this Agreement be declared invalid or unenforceable by any court of competent jurisdiction; such declaration shall have no effect on the remaining terms of this Agreement.
No Waiver
The failure of either party to enforce any rights granted by this Agreement or to take action against the other party in the event of any breach of this Agreement shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Amendment
This Agreement may be modified, amended or replaced by SECURE IP from time to time upon notice to You on the PRONTO TOPUP® Service App or other form of written notice; provided, however, that if SECURE IP sends You any such notice, via electronic communication, a posting on this App or otherwise, of any such modification, amendment or replacement, You acknowledge Your acceptance of the modification, amendment or replacement by your continued use of the PRONTO TOPUP® Service.
Force Majeure
SECURE IP shall not be liable for any delay or failure to carry or make continuously available any SECURE IP website and/or the Tú Hablas Más Service if such delay or failure is due to any cause beyond the reasonable control of SECURE IP, or any licensors or licensees, including without limitation restrictions of law or regulations, labor disputes, acts of God, mechanical or electronic breakdowns, telecommunication facilities breakdowns or software bugs, errors or failures. SECURE IP obligations hereunder are subject to its ability to obtain and maintain any and all required governmental licenses, permits or other authorizations, and their ability to comply with any and all laws, regulations, orders and other governmental directives which may be imposed on the Internet, any SECURE IP website or the PRONTO TOPUP® Service with respect to any of the foregoing.
Entire Agreement
You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. This Agreement is the complete and exclusive statement of the Agreement between You and SECURE IP and supersedes any prior agreements, proposal, representation or warranty between you and SECURE IP regarding your use of the PRONTO TOPUP® Service.
Consent to receive SMS
By using the Service, you consent to receive SMS text message alerts from SECURE IP for the PRONTO TOPUP® Services. Messages and Data rates may apply depending on your local mobile provider. You will receive an SMS text message every time you purchase PRONTO TOPUP® Services, update the information on your account, and to receive special promotions. For additional assistance, please contact Customer Service at +1 (866) 470-4235
Top Up Products (Domestic and International)
Domestic: U.S. consumers can recharge the airtime of a mobile phone of certain U.S. mobile carriers. The fees charged for domestic Top Up products vary by U.S. mobile carrier and recharge amount. SECURE IP and/or the applicable mobile carrier may change fees (or add additional fees) associated with a domestic Top Up product at any time without prior notice, and such changes will be effective from the time they are posted to the PRONTO TOPUP® website. You agree that by purchasing a Domestic Top Up product following a change in the fees, you accept such changes.
International: U.S. consumers can recharge the airtime of a mobile phone of certain international mobile carriers in certain international countries. Available mobile carries vary by country. Any fees charged for a Top Up product vary by mobile carrier, country and recharge amount. Fees may be deducted from the face value amount prior to recharge. The recharge amount may be converted into the local currency of the applicable country prior to transfer to the beneficiary. Each mobile carrier determines its currency conversion policies and exchange rate.
The cellular telecommunication services underlying Top Up products are provided by third party operators not affiliated with SECURE IP (i.e., the international mobile carriers or the U.S. mobile carriers). The terms of use, charges, fees, taxes, credits and expiration policies for such cellular telecommunication services are established and provided by the Third party operators in each country or in the U.S. and are subject to change as determined by each applicable third party operator. SECURE IP shall not be liable for the acts or omissions of the third party operators.
Not Providing Services to certain Countries or Regions
Secure IP Inc. may limit Top Up services to specific countries and regions, as partially listed below. Due to the constantly evolving nature of U.S. federal laws and regulations, maintaining an up-to-date list can be challenging. Consequently, the list provided below may be subject to change periodically.
- Cuba
- Iran
- North Korea
- Russia
- The following regions of The Ukraine: Crimea, Donetsk and Luhansk
- Syria
- Venezuela
TO PROCEED WITH THE PRONTO TOPUP® SERVICE (FROM SECURE IP), YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ABOVE. IF YOU DO NOT AGREE, THEN YOU SHOULD NOT PURCHASE ANY OF THE SERVICES AND CONTACT SECURE IP.
SECURE IP reserves the right to update or revise this agreement at any time without prior notice. Please check the User Agreement periodically for changes. Please check this website periodically for changes. Your continued use of PRONTO TOPUP® Service following the posting of any changes constitutes acceptance of those changes.