This is an Agreement between you (hereinafter referred to as “you” or “Customer”) and Multiphone (hereinafter referred to as the "Company" or “Multiphone”) for use of mobile credit purchasing services (known as the "Service") which allows U.S. consumers to recharge or top up airtime and package of a mobile phone of certain international third party providers in certain international countries (known as "Load") and related services. The Tigo Internacional Website and Tigo Internacional App (known as the "Site") and the Service is subject to your compliance with the terms and conditions set forth below including all exhibits. Multiphone may revise these terms and conditions from time to time by updating this posting.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE OR BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
USE OF SITE
You understand that except for information, products or services clearly indicated as being supplied by the Company, the Company does not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that the Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
USE OF SERVICE
Lawful Use/Prohibited Uses/Software: Customer agrees to use the Service only for lawful purposes. Customer shall not resell or transfer the Service, including without limitation local and toll-free numbers, to another without the prior written consent of Multiphone. Customer, any person under Customer's employ, or any person that has access to Customer's Service may not use the Service for communications or transmissions that may or would constitute a criminal or civil offense, or that would or may otherwise violate any local, state, regional, federal or international law or regulation or otherwise violate Multiphone's or any third party's rights, including rights to privacy. Customer is further prohibited from using the Service or products used in connection with the Service for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting, Bulk Messaging" or "Spamming" or transmission of any unwanted or unsolicited email. Multiphone reserves the right to immediately terminate or modify Customer's Service if Multiphone determines, in its sole and absolute discretion that Customer has used at any time the Service or products used in connection with the Service for any of the aforementioned or similar activities. In addition, residential users will be required to pay higher rates for commercial service for all periods in which Customer's use of the Service or the Devices used in connection with the Service was inconsistent with normal residential use.
Customer shall not use the Services and any products used in connection with the Service in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy rights, or any other wrongful conduct.
Use of Multiphone connection in violation of any of the above mentioned manners may result in cancellation or suspension of the Service, at the discretion of Multiphone. Multiphone reserves the right to terminate or suspend Customer's Service without notice if Multiphone believes that Customer is utilizing the Service in a wrongful or unlawful manner. In the event of any wrongful or unlawful use of the Service, Customer will be responsible for all damages incurred by Multiphone. In the event of Service termination (due to wrongful or unlawful use) all current charges and amounts owed to Multiphone under this Agreement are due and payable immediately and may be charged to Customer's credit card and/or account. Multiphone may forward any information with respect to the unlawful or wrongful use of the Service to the appropriate authorities.
Customer acknowledges that the Service provided by Multiphone is different than standard telephone service. This may limit or otherwise affect Customer's rights before National, State or Local telecommunications regulatory agencies.
Customer shall notify Multiphone immediately if Customer becomes aware of wrongful or unauthorized use of the Service. Customer must provide Multiphone with written notice of the wrongful or unauthorized use of Service. Failure to immediately notify Multiphone of the wrongful or unauthorized use of the Service may result in the termination of Customer's Service. Multiphone may charge additional charges for the wrongful or unauthorized use of the Service.
Multiphone may determine at its discretion the level of usage that warrants measures of fraud or other wrongful conduct protection such as suspending long distance communication. In this regard, if a customer reached the limit of usage established on the account which may warrant fraud or wrongful conduct protective measures, Customer might have to wait until the next billing period or make a payment in order to reestablish the outgoing long distance communication.
Multiphone may immediately terminate the Services for any unlawful, wrongful, or fraudulent conduct by the Customer or any third parties.
No ownership right is granted to the software provided to Customer by Multiphone hereunder. No rights are granted for Customer to replicate, produce, copy or alter software. No right is granted for Customer to use, distribute, rent, lease, lend, supply or market the software and the “Tigo” Mark, except as expressly provided under this Agreement. Customer may not decompile, disassemble or reverse the software.
UNAUTHORIZED USE/STOLEN PHONE: If your phone is stolen or if you become aware of unauthorized use of Service you must notify us immediately to suspend Service. You are responsible for all charges for your telephone until Service has been suspended.
If the Customer chooses to add Multiphone balance to his/her account for international calling, the following terms shall apply:
The Customer may purchase and recharge Multiphone balance by using a credit card, a debit card, or PayPal. The Customer may also recharge balance over the phone calling through our call center by using a debit or credit card.
The Customer may validate his own phone number, which will allow Customer to make long-distance calls from virtually any phone line anywhere in the United States or in one of 46 additional countries listed in the Site.
By using his valid phone and token, the Customer may manage his accounts through the Website or in-app by phone.
For the Customer's convenience, Multiphone could save Customer's credit card information used with a specific phone and token for future recharges. The credit card information collected by Multiphone will be encrypted and will NOT be shared with third parties.
There is a minimum purchase price and a minimum recharging price for balance which is posted on the Website.
The Customer may sign up for Multiphone's auto-recharge program, through which Multiphone may automatically recharge the Customer's account by charging the Customer's credit or debit card with an amount pre-set by the Customer every time the Customer's account reaches a pre-set low threshold amount ("Threshold Amount") determined by the Customer. In such case, the Customer must provide to Multiphone (a) the balance Threshold Amount that the Customer's account must reach in order for Multiphone to automatically recharge the Customer's account, and (b) the amount with which Multiphone must recharge the Customer's account each time the Customer's account reaches the Threshold Amount.
Service/Pricing, Rates and Prices.
All Services and Products purchased after the effective date of this Agreement shall be subject to this Agreement as amended. In the event Customer terminates a Service prior to the start of Service date ("Installation Date" or "Start of Service Date") or subsequent thereto, Customer shall pay Multiphone all third party charges, if any, incurred by Multiphone as a result of the termination and arising out of this Agreement, and all amounts paid or owed to third parties by Multiphone as a result of this Agreement, in addition to all other amounts recoverable under this Agreement or under applicable law.
Prices are exclusive of all sales, use and other taxes and government and regulatory fees. Customer is responsible for any pertinent federal, state, municipal, local or government sales, use, excise or other taxes, fees or charges as a result of Customer's subscription to Service or a relevant later enacted regulation. Multiphone may request references and other information from Customer to establish creditworthiness. If Multiphone decides that Customer is not creditworthy, it may request payment in advance.
Multiphone reserves the right to change its rates to any country, city or destination, including prices and rates for monthly plans, as well as any minimum usage amounts or additional fees, at any time without prior notice. Any charge shall be posted on the Site.
Current rates and prices for the Services, as well as minimum usage amounts and additional fees, are available to the Customer on the Site.
To determine the cost of telephone calls, the national numbering plans are used to determine the telecommunication providers and the applicate rates. Therefore, in case called numbers are ported to networks different from the original networks, the cost of calls to those numbers is calculated as if those numbers are still on the original networks.
National numbering plans are also used to determine the telecommunication networks that gift recipients belong to. Therefore, in case the telephone numbers of the gift recipients are ported to networks different from the original networks, the requests to send gifts to those numbers may be failed.
Prices and rates show in the Site do not include applicable taxes or government fees, As a telecommunications provider, Multiphone is obligated to charge the Federal Excise Tax to each service billed to the Customer, as well as the Sales Tax to Florida residents. All activation fees for Services are non-refundable.
You agree (1) not to post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person; (2) not to post or transmit any message, data, image or program which is pornographic in nature; (3) not to interfere or disrupt this Site or networks connected to this Site; (4) not to post or transmit any file which contains viruses, worms or any other contaminating or destructive features; (5) not to use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site; (6) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (7) not to use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; (8) not to send automated request of any kind to Multiphone’ system without express permission in advance from the Company. You agree to comply with all policies and procedures connected to the Site.
COPYRIGHTS, INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The Company owns all content on the Site. You may access, print and download portions of material from different areas of the Site solely for your non-commercial use. The information on the Site may not be altered, distributed or displayed without the express consent of Multiphone. Multiphone may change the content of the Site at any time, without prior notification, and will not be liable to any user in any way for possible consequences of such changes. The trademarks, trade names, service marks and products referenced on this Site ("Marks") are protected in the United States and internationally by us or by our partners. The use or misuse of our Marks or such Marks of our partners, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
The Site may provide links or references to other sites. The Company shall have no responsibility for the content of such other sites, nor have any liability for any damages or injury arising from your access to, or use of content on, such other sites. The Company has no knowledge of information contained in such other sites or the policies applicable to your access to, and use of, such other sites. The Company takes no responsibility whatsoever for such information or policies and accepts no liability for any damages resulting from your access to or use of such other sites. The Company reserves the right to terminate any link or linking program at any time. The Company does not endorse companies or products to which it links and reserves the right to not as such on its web pages. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.
Registration may be required for you to access or use any or all of the Services offered by the Company. You must provide accurate, current and complete information as requested on the "Sign Up" page. You acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of the entity requesting Service.
Paid Services are available to users with a verifiable billing address and subject to account approval at the Company's sole discretion. Service is normally available to your phone whenever you are able to get a reply from the Company text messaging gateway or via the Site. The Company may choose not to provide the Service to countries or carriers at its sole discretion. In addition, at any time the Company may prevent the use of the Service for any reason, including fraudulent usage patterns, excessive usage, billing irregularities and unlawful use. If your credit card is invalid, expired or declined by the issuer at the time a charge authorization is attempted, you will not be able to use the Service. You will not be able to use the Service again until a valid and approved payment method is provided to the Company.
You are responsible for paying all charges to your account including but not limited to: Recharge Load purchase, features, any taxes, surcharges, or other fees. If you activate Service on behalf of an entity but were unauthorized to do so, you will be personally responsible for all charges to the account and will be fully bound by this Agreement as though you had activated Service on your own behalf. All charges for Recharge Load will be in U.S. dollars. The Company will also publish the amount of Recharge Load to be received by your chosen recipient in their local currency.
We will send you an sms with a token to the cellular provided during transaction. An SMS with a unique token will be send per transaction. Message and data rates may apply. Multiphone does not charge any additional fees for text messaging but your mobile carrier's standard text messaging charges will apply for use. You are advised to consult your carrier's service plan to determine applicable charges for using text messaging. Carriers are not liable for delayed or undelivered messages. To prevent incoming text messages from the Company send any of the following keywords including: "BLOCK," "END," "STOP," "QUIT," "CANCEL" OR "UNSUBSCRIBE" to +14159038446 Note that you will not be able to use the service any longer . For more information, text HELP for help. You may also request incoming text messages be blocked in writing or contacting our customer service department at the address or phone number provided in the Contact Us section of the Company Site.
BILLING AND PAYMENT
The Company will provide a detailed billing summary in the format of its choice, which may change from time to time. This summary can be found by logging into your account on the Company Site. All charges will be automatically placed to your credit card for the amount of Recharge Load successfully purchased at the time of purchase. No additional notice or consent will be required for charging Service use to your credit card. In some rare instances the mobile phone recipient may be unable to receive all or a portion of the Recharge Load you try and send. In these cases, Multiphone only charges for the amount of Recharge Load added to the recipient's phone. The merchant name Multiphone will appear on your credit card statement for purchase of Recharge Load or any additional paid Services you may use from the Company. All transactions are final with no refund or exchange permitted. You are responsible for the mobile number you purchase Recharge Load for and all charges that result from those purchases. The Company is not responsible for any purchase of Recharge Load for an incorrect mobile number.
All charges incurred for Services must be paid in full regardless of the status of any objection. Disputed transactions can be addressed in the following way: (1) by contacting Multiphone customer service department by phone, or (2) in writing to the address provided on the Company Site. All disputes must be received within 60 days of the date of charge. If these requirements are not met, you will waive any objections. If the desired results are not achieved after attempting to resolve disputes by telephone you must state your dispute in writing and mail to the address provided on the Company Site within 60 days of the date of the charge.
SERVICE TERM AND TERMINATION
Failure to pay any amount owed to us, or if you breach any representations to us or fail to perform any of the promises you made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, without notice to you, suspend the Service and/or terminate this Agreement. You agree to pay all cost including reasonable attorney fees, collection fees and court costs we incur in enforcing this Agreement through any appeal.
CANCELLATION OF SERVICE
You may cancel the Service at any time. You may do so by (1) contacting our customer service department by telephone, or (2) by notifying us in writing at the address provided on the Company Site, or (3) online. Service will be cancelled within 2 business days of receipt of notice. You are responsible for all charges until your Service has been cancelled in addition to any past due amounts that may be owed and remain due until collected.
PERSONAL ACCOUNT INFORMATION
Any person able to provide your name, address, mobile number and last four digits of your credit card record or PIN is authorized by you to receive information about and make changes to your account, including but not limited to addition or deletion of lines, sending of Load and access to account history. If you are receiving this Service through a business account from your employer, you authorize us to share your account information with your employer.
CHANGE TO THIS AGREEMENT
We may amend the terms of this Agreement upon advance notice. If you do not agree to the amendment, you may terminate the Agreement immediately. There is no cancellation fee. If you use the Service more than 30 days after we notify you of a change, you agree to that change. You are eligible to participate in any promotions for which you qualify, provided that you comply with all requirements of the promotion.
LIMITATION OF LIABILITY
We and our partners are not liable for acts or omissions of another service provider, for information provided through your phone, equipment failure or modification, or causes beyond our reasonable control. We and our partners are not liable for any accidents or incidents, which result from the use of the Service by you or any other person. Our liability and the liability of our partners or any underlying carrier for any failure or mistake shall in no event exceed our charges during the affected period. We, our partners, and any underlying carrier, are not liable for any incidental, punitive or consequential damages such as lost profits. We, our partners, and any underlying carrier, are not liable for economic loss or injury to persons or property arising from the use of Service. Additionally, in no event will the Company, Millicom International Cellular, S.A., and any of our respective affiliated entities, content providers and their respective shareholders be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind (including, but not limited to, economic loss, loss of information or data, interruption, delay or loss of access to or use of the Internet, and the like), arising in any way or any manner from or relating to this Site, errors or omissions in the content or defects in the services provided by Multiphone hereunder or your access to and use of this Site. THE LIMITATIONS CONTAINED IN THE SITE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY, AND REGARDLESS OF THE NATURE OR NUMBER OF CLAIMS OR ACTIONS. This paragraph shall survive termination of this Agreement.
You agree to defend, indemnify, and hold the Company, Millicom International Cellular, S.A., and any of our respective affiliated entities, their representatives, and any other service provider, harmless from claims or damages relating to this Agreement or your promises or statements made in it and use of the Service. This paragraph shall survive termination of this Agreement.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND ANY INFORMATION MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL MULTIPHONE BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Any dispute or claim arising from or relating to this Agreement or Service provided in connection with this Agreement will be resolved in binding arbitration except that (1) you may take to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims court if the claims relate solely to the collection of any debts you owe us. However, even for those claims that may be taken to court, you and we both waive claims for punitive damages and any right to pursue claims on a class or representative basis.
You must first present any claim or dispute to us by contacting us in writing at the address provided on the Company Site, to allow an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved in 60 days. The arbitration of any dispute shall be conducted in accordance with the American arbitration Association. Any arbitration will take place in Hartford, Connecticut. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or class arbitration, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall be given full force effect.
All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation.
WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTION
By this Agreement you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
We are not liable for any lack of privacy you may experience while using the Service. We have the right to intercept and disclose any transmissions or transactions over our facilities including the Site and our text messaging gateway and to provide subscriber billing records, account detail and related information under certain circumstances (for example, in response to lawful process, warrants, subpoenas or to protect our rights or property).
We may assign all or part of this Agreement without such assignment being considered change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written approval.
This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Florida.
We encourage the use of Service through offering first time customers a Free Trial. You may sign up for the Free Trial through the Site.
Free Trials are only available to first time customers to the Company and cannot be combined with any other offer unless permitted by the Company. Only one Free Trial may be redeemed per billable account. A billable account is determined by containing any one of the following: name, address, IP address, mobile phone number, email address, or credit card number. To qualify for the Free Trial you must complete the mobile phone verification process on the Site with a valid mobile phone that is capable of receiving text messages.
Free Trials are not available for all countries. Available Free Trial countries include:
USA and Canada: Up to 1 United States Dollar of Recharge Load
Free Trial credit can be applied to any valid mobile phone capable of receiving Recharge Load and belongs to a country and mobile network listed above. The Company is under no obligation to provide or guarantee the amount that will be sent in the Free Trial. Additionally, the Company at its sole discretion may change the amount of the Free Trial without notice. The Company may choose not to provide Free Trial to users or recipients of the Free Trial Recharge Load at its sole discretion. In addition, at any time the Company may prevent use of the Free Trial for any reason, including fraudulent usage patterns, billing irregularities and unlawful use.
After completing your Free Trial you may continue to log into the Site to view or update your account or add payment details. If you would like to continue use of the Service following completion of your Free Trial you must register a valid credit card with a valid U.S. address that can be verified by the Company. No charges will be placed on your credit card in conjunction with use of the Free Trial.
You agree to indemnify, defend and hold harmless Multiphone, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
These general Terms and Conditions represent the entire Agreement between you and the Company and supersedes all prior offers, contracts, agreements and representations. This Agreement supersedes all promises made to you by our customer services team, representatives or employees. If any part of this Agreement is found invalid, the balance remains enforceable.
The Refer-A-Friend program is intended for use by Multiphone customers to refer family and friends. Multiphone does not support spamming. Misuse of this program may result in the forfeit of free credits accrued by Multiphone customer and referee(s) as well as blocking of Multiphone service. Additionally, the Company may prevent you from participating in the Refer-A-Friend Program for any reason including fraudulent usage patterns, billing irregularities or unlawful use.
Free Credit(s) have no cash value, are non-refundable and non-transferable. The New customer (the referee) will also receive a free credit in his account after he verifies his mobile phone, but other charges will apply after he uses his Free Trial credit. See full Terms and Conditions for details. Other terms and conditions may apply. Void where prohibited.