The provision of services, including Top-up services ("Top-up" and together the “Services”), provided to you through the websites www.bunceit.com and associated Bunce mobile applications (together the “Website”) is subject to your acceptance of these terms and conditions. By using the Website and clicking “Create Account” at registration, you expressly agree to be bound by the terms and conditions, privacy terms and cookies policy applicable to the Services provided by Bunceit Ltd (“Agreement”) trading as Bunce (“Bunce”, “we” or “us”).
Please read this Agreement carefully before accessing the Services on the Website.
Specific words contained in this Agreement have the meanings set out under the Definitions section provided at the end of this webpage.
2. Information About Us
The website, the associated mobile applications and services are operated by, BUNCEIT LTD, which is incorporated in England with registration number 11197050 and registered office at Flint House, Heyshott, West Sussex, England, GU29 0DL.
You can contact us via firstname.lastname@example.org.
All correspondence should be sent to the above address.
To use the Services, you must first register an Account on the Website. You can do this by filling out the appropriate information on the registration screen on the Website. You may register as a member of the Website only once. Upon registration you will be given an Account.
You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information, including financial information (“Data”) you provide to us as a member will be treated in accordance with the Privacy and Cookies Statement.
By using the website and services you hereby declare that you are at least 18 years old. If you are an employee of a company and/or other entity and/or acting on behalf of a company or entity, you must be authorised to accept the terms and conditions of use on behalf of that employer, company or entity.
4. Mobile Number, Email Address and Password
When registering on the Website you will supply your mobile number, email address and choose a password. For the purposes of this Agreement username means the mobile number or email address you use while registering as a member on the Website.
You are entirely responsible for all activities which occur under your username and/or password, including unauthorised use of your or any other debit/credit card. You must not disclose your password, whether directly or indirectly to any third party. It is your responsibility to safeguard your password.
You must notify us immediately using the contact details at Section 16 below if you become aware of any unauthorised use of your email address and/or password.
If you forget or lose your password, you should request a new password by visiting the 'Forgot Password' section of the Website. Each email address and password must be used by a single user and are not transferable.
Please note that your username and password may be used on the website or the associated mobile applications. This Agreement will apply to the use of Services on any Website or associated mobile application.
5. Your Data
Data collected by us as part of the Services will be treated in accordance with the Privacy and Cookies Statement, which forms part of this Agreement. By registering on the Website and accepting the agreement, you expressly agree to the processing, use, storage and disclosure of your Data by us as set out in the Privacy and Cookies Statement.
We shall be entitled, but not obliged, to record all communications from, or instructions given by you to us, or messages sent by us to you through the Website.
6. Sending Top-up and Cost
To send Top-up, you agree to comply with and undertake the provisions set out in this Section 6.
The Top-up service shall only be provided to you by us in respect of the mobile phone operators available on the Website which are subject to change and availability.
You will be required to input the mobile phone number to which any Top-up is to be credited into the appropriate space on the Website or associated mobile application. It is your responsibility to ensure that you have correctly inputted the mobile phone number. You will then be required to select the amount of Top-up that you wish to credit that mobile phone number with.
The cost of Top-up value will vary depending on the amount of Top-up that you wish to send to your friend or family member according to the denominations displayed on the Website. Before purchasing Top-up the total cost will be displayed before finalising your purchase.
Where an exchange rate has been applied the actual amount that you are charged may vary as our payment processors FX rate may be slightly different at the time of settlement.
You will also be charged a Top-Up Fee for on each Top-up you send through the Website or mobile application. If you choose to send an optional SMS to the recipient of the Top-up, an additional message fee for this may apply.
The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Website or mobile application before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional.
The Top-up is sent instantly by us to the appropriate mobile phone number upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Top-up to the mobile phone number. We will send you a confirmation email, SMS message or App Notification which contains details of the Top-up sent as soon as your Top-up transaction has been successfully completed.
You agree and understand that We only act on your authorisation to send Top-up and the relevant mobile operator shall be solely liable to you and the recipient of Top-up for the provision of mobile services related to the Top-up. Once the Top-up is sent to a mobile phone number, it can be used immediately therefore it cannot be refunded or removed from the phone. To stop this mistake from happening, We ask you to confirm that the number you have entered is correct.
You acknowledge that you will lose the right to cancel the Top-up once the Top-up service has been fully performed by Us. Accordingly, you will have no right to request a refund under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
Please note that the Website limits the number of Top-ups that can be performed or the maximum value of Top-up sent over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Website may be applicable. You shall be notified through the Website or by email of these additional limitations should they exist or come into existence.
7. Your Instructions
You shall ensure that all instructions provided to us through the Website or mobile application are accurate, complete and true. In particular, the mobile phone number to which any Top-up is to be credited must be correctly identified. You shall ensure that the instructions which are relayed back for confirmation are correct, accurate and true.
All confirmed instructions are final and binding upon you. We, or our service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such problematic information prior to final confirmation.
8. Transactions Using Your Debit or Credit Card
You may purchase Top-up using Visa or Mastercard cards. Any credit card, debit card or other payment method which may be used on the Website must have a valid billing address and valid card issuing bank. We debit your card as soon as we receive a proper and complete request from you for Top-up.
Upon receipt of a proper and complete request from you for Top-up, We will debit the card provided and will forward an electronic request to the relevant mobile operator to provide Top-up in the amount transferred for the benefit of the pre-paid mobile phone number nominated by you.
You authorize us to act upon any instruction to debit your card provided through the Website or mobile application which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Website.
We are not required to undertake any additional authentication or identity verification measures other than those We deem appropriate and sufficient to protect the security and maintain the proper use of the Website. All debits concluded post successful authentication or identity verification are the sole responsibility and liability of the user.
We shall accept liability for the non-execution or defective execution of Top-ups purchased through the Website or mobile application, subject to your adherence with this Agreement, the proper use of the Website or mobile application as instructed by Us, and the absence of any misrepresentation, fraud or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Top-ups.
We shall run promotions on the Website or mobile application. By using the website and services, you hereby grant us with the premission to send you promotions via SMS, email or any other contact method you provide us.
10. Your Obligations
The equipment and devices necessary to access the Website or mobile application shall be provided and be maintained by you solely at your expense. If you access the Website through a mobile device you may be charged by your mobile service provider for internet access on your device.
You can download the mobile applications from the app stores. We reserve the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the mobile applications. You are solely responsible for ensuring that you download any subsequent updates to the mobile applications from the relevant app store.
You acknowledge that compliance with this Agreement is designed to minimize the risk of unauthorised use of the Website and therefore you are required to strictly adhere to the terms and conditions of this Agreement. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages, to us or any third party as a result of your failure to adhere to this Agreement.
11. Third Party Services and Information
Some of the products and services, which may be offered for sale, through the Website or mobile application or through other services that We may offer you may be submitted, created, provided or developed by third parties.
We will not check the accuracy or completeness of the information or the suitability or quality of the products and services of any third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services referred to on the Website or mobile application.
12. Termination of the Agreement
This Agreement applies to every Top-up you purchase through the Website or or mobile application.
This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate the Agreement at any time by giving us a written prior notice to that effect to email@example.com, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination. We may immediately terminate this Agreement and withdraw the use of the Website and/or the Services provided through it, according to our own prejudice.
If you exercise your right of termination, We will endeavour to issue your request within fourteen (14) days of the date of your written request.
We reserve the right, acting reasonably, to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.
13. Your Contribution
Where you send Us any feedback, suggestions, ideas or other materials in relation to or via the Website or the Services provided, you agree that We can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction, subject to our obligations as provided under the Privacy and Cookies Statement.
14. Variations of the Agreement
We reserve the right to modify, amend or vary this Agreement according to our internal prejudice, without any prior notice.
Any notice required to be given by you to us in connection with this Agreement shall be given in writing and sent by email to firstname.lastname@example.org or through the post addressed to Customer Support, Flint House, Heyshott, GU29 0DL, United Kingdom.
We may from time to time contact you by email, phone, SMS or through any other appropriate information channel to keep you up to date about our services including new products, campaigns and promotions. You can stop the delivery of future promotional emails or SMS from Us by following the specific instructions in the email or SMS you receive or other promotional contacts from us by contacting our Customer Care team (details below) and we welcome all feedback, comments and complaints about the Website and Services.
Please address these to Customer Support, Flint House, Heyshott, GU29 0DL, United Kingdom, UK or email@example.com
16. Links to other Websites
Access to and use of the Website is at your own risk and We do not represent or warrant that the use of the Website or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.
Some pages on the Website may contain hypertext links to websites not created or maintained by us. You are hereby adequately notified and forewarned that when entering other websites via such hypertext links, the terms and conditions, benefits, and privacy protections afforded by the Website will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or web-pages. We shall not be liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.
17. Intellectual Property Rights
You may only download, use, view and display the Website or mobile application (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. The Intellectual Property Rights of any content, Website, service or any other material provided by us is owned by us or our licensors ("Intelectual rights").
Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Website (including any graphics or trademarks) and/or intelectual rights in any form is strictly prohibited. Any use of our intelectual right, without any prior written approval, may oppose financial, criminal and legal consequences.
We own all Intellectual Property Rights that exist in the word “poptopup” "mybunce", "bunceit" and in any accompanying logo. We also own all Intellectual Property Rights in the domains www.bunceit.com, www.mybunce.com, and www.poptopup.com
18. Data Protection
We will comply with all of its obligations under applicable data protection law with regard to relevant Data in its possession relating to you. As set out in Section 5 above, the Privacy and Cookies Statement published on the Website shall apply to the use of Data relating to you and shall form part of this Agreement.
19. Suspension of Services
In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Website or the Services, or where there is a real or potential security risk, We shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website or mobile application for such reasonable period as may be required to remedy, address or resolve the system issue.
We may also suspend the Website and/or Services as required for maintenance (whether emergency or planned) or upgrade work. You further agree and acknowledge that your access to the Website and/or Account and/or Services may be suspended where We reasonably believe that it has been used unlawfully or fraudulently.
20. Force Majeure
We shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.
21. Security, Maintenance and Availability
You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorised persons or delivered incorrectly.
As a consequence, We cannot guarantee the privacy or confidentiality of communications via such media although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communications.
From time to time it may be necessary to or desirable for security reasons, maintenance (whether emergency or planned), upgrades or other reasons to:
You acknowledge and agree that these events may occur and that We bear no liability when such events occur. Where We change authentication procedures for accessing the Website, mobile application or the Services therein, notwithstanding any other terms of this Agreement, We may introduce these procedures by giving instructions to you via the Website in respect of which such procedures are being introduced.
You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not subcontract or assign any of your rights or obligations under this Agreement.
23. Limited Liability
We bear no responsibility for the improper, immoral, unauthorised, fraudulent or illegal use of the Website or mobile application. Save as set out at Section 8 above, We, our directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Website or the Services.
We will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the terms and conditions contained and referenced herein or on other related and linked independently operated websites by third parties.
You agree and acknowledge that the Website, mobile application, the Services and content provided through it are provided “as is”. To the fullest extent permitted by law, We make no warranties in relation to the use and availability of the Website, mobile application or the Services provided through it.
24. Governing Law
The Website and the provision of Services will be governed by the laws of England & Wales. If any claim or dispute arises from your use of the Website or any Services, you agree that the courts of England & Wales will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable legislation.
This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and will be construed under the laws of England & Wales and the courts of England & Wales shall have exclusive jurisdiction to resolve any disputes in connection with this Agreement, without prejudice to your rights under applicable legislation.
If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege shall operate as a waiver of any breach or default by you.
Words in bold print in this Definitions clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.
Intellectual Property Rights - Means all copyright, patents, registered and unregistered trade marks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
Top-up - A transfer of an amount of prepaid airtime to a mobile operator to pay for the provision of telecommunication services by that mobile operator to a nominated pre-paid mobile telephone effected using the Services and the Website.
28. Customer Care & Contact Information
If you have any questions about this Agreement or any complaints, or require any assistance with the Website, mobile application or Top-up you have purchased, we are always here to help. You can get in touch with us via firstname.lastname@example.org