TopUp.com MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY FACT OR BY OPERATION OF LAW, IN CONTRACT OR TORT, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR REGARDING THIS WEBSITE, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED IN THIS WEBSITE, OR ANY PRODUCT OR SERVICE SOLD OR PURCHASED THROUGH THIS WEBSITE.
TopUp.com may discontinue, change, or suspend any aspect of the website at any time. TopUp.com may change, discontinue or suspend the availability of any database, content, feature, or product of the website. TopUp.com may impose limits on features, including services, use or restrict your access to parts or to the entire website without notice or liability.
In no event shall TopUp.com, its employees, officers, representatives, service providers, suppliers, licensors, and agents be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with (i) the use or inability to use the websites or the content, materials, software, information or transactions provided on or through the websites, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the websites or the content, materials, software, information, products, or services on or available through the websites, (iii) the cost of procurement of substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from our website; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on our website; (vi) the delay or failure in performance resulting from an act of force majeure, including without limitation, acts of god, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non-performance of third parties or any reasons beyond their reasonable control; or (vii) any other matter relating to our website, even if TopUp.com or its authorized representatives have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the website and/or website-related services is to stop using the website and/or those services.
Dispute arising from purchase on this website or relating to this agreement, if not settled by the parties in good faith, may at their discretion, be submitted for arbitration to American Arbitration Association (AAA) at their offices in Georgia. All disputes, including interpretation of Arbitration Award shall be subject to laws of State of Georgia, and jurisdiction shall reside with Federal and State Court in Georgia. Prevailing party in the dispute shall be entitled to, in addition to any damages or relief, to reasonable expenses and attorney fees from the other party.
Purchases will appear on your credit/debit card statement as “TopUp”. You agree not to file a credit card or debit card chargeback with regards to any purchase made on the website but instead try to resolve the issue with the service provider - TopUp.com. If you do not remember making the purchase - call the number on your statement next to the charge.
In the event that you breach this agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit/debit card processor or by VISA or MASTERCARD, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit/debit card processor or our banks and the reasonable value of the time of our employees spent on the matter, as determined in our discretion in good faith.
In the event that a chargeback is placed or threatened on a purchase, we also reserve the right to report the incident for inclusion in chargeback abuser database(s). We use various credit reporting agencies and will send a default notice to them upon receiving a fraudulent order and/or chargeback. This in turn will seriously affect your credit rating. We are under no obligation to mark the debt as paid, even after we receive further payment to rectify the situation. We use several credit reporting agencies from Australia, United States, New Zealand, United Kingdom and several countries in Europe.
These Terms and Conditions may be available in multiple languages; in the case of a conflict between any other language version and the English language version of these Terms and Conditions, the English language version shall always control.