The provision of services (including, prepaid mobile and/or data airtime (“Top-up”)) (“Services”) to you through the websites www.ding.com and its subsidiary sites (including www.ezetop.com and www.recargasacuba.com and any associated Ding mobile applications, present or future (together, the “Applications”) is subject to your acceptance of these terms and conditions (“Agreement”). By using the Applications, you expressly agree to be bound by the Agreement.
Please read this Agreement carefully before accessing the Services and Applications. You should print a copy of this Agreement for future reference.
If you object to any of these mentioned terms and conditions or any subsequent modifications to them, or become dissatisfied with your use of the Applications in any way, you may: a) discontinue your use of the Applications; and b) terminate this Agreement and your virtual account (“Account”) by notifying us in writing by email or otherwise (see contact information below). No other remedy, legal or otherwise, is available to you save for a) and b) mentioned above.2. Information About Us
The Applications are operated by, and the Services are provided by, Ezetop Unlimited Company t/a Ding (“Ding”, “we” or “us”). Ding is incorporated in Ireland with registration number 422514 and has its registered office at 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland. Our VAT number is: 9576713i. Ding is a registered business name of Ezetop Unlimited Company.
You can contact Ding using the contact information set out at Section 26 below.
All correspondence in relation to any Ding company should be sent to 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland.3. Registration
To use the Services, you may elect to register for an Account. You can do this by filling out the appropriate information on the registration screen on the relevant Application. Upon registration you will be given an Account. When registering you may supply personal information, including your email address or phone number and financial information (“Data”). You may also choose a password.
All Data you provide to us as a customer will be treated in accordance with our Privacy Notice .
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.
You are entirely responsible for all activities which occur when using your email address, phone number and/or password (“Login Details”) in relation to your Account, including unauthorised use of your or any other payment method including debit or 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 15 below if you become aware of any unauthorised use of your Login Details.
Login Details may only be used by a single user and are not transferable.
Please note that your Login Details may be used on all Applications. This Agreement will apply to the use of Services on any of the Applications.
If you are under 16 years of age, you must obtain a parent/guardian's consent prior to using the Applications. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorised to accept this Agreement on behalf of that employer, company or entity.4. Your Data
To use the Services, you agree to comply with and undertake the provisions set out in this Section 5.
The Services shall only be provided to you by Ding in respect of the mobile phone operators and service providers available on the Applications (which are subject to change and availability).
You will be required to input certain information (e.g. a mobile phone number) in respect of the Services on the Applications. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-up, you will then be required to select the amount of Top-up that you wish to be delivered.
The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Applications before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional. In the case of Top-up, the cost will vary depending on the amount of Top-up that you wish to send according to the denominations displayed on the Applications. 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 may also be charged a secure online processing fee in respect of any Service you purchase through the Applications. If you choose to send an optional SMS to the recipient of Top-up, an additional message fee for this may apply.
A Service is sent by Ding via the relevant third party (e.g. mobile operator) upon successful payment by you. Occasionally, there may be a short delay before the relevant third party delivers the Service. Where contact details have been provided, we will send you a confirmation email or SMS which contains details of the Services sent as soon as your transaction has been successfully completed. You agree and understand that Ding only acts on your authorisation to send Services and the relevant third party shall be solely liable to you and the recipient of the Services for the provision of Services. In the case of Top-up, once it is sent to the recipient, it can be used immediately and therefore it cannot be refunded or removed. To avoid a Service being sent to the wrong phone or place, Ding asks you to confirm that the recipient details you have entered are correct.
You acknowledge that you will lose the right to cancel the Services once they have been fully performed by Ding. 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 Applications limit the amount and value of Services that can be purchased over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Applications may be applicable from time to time (which you will be notified of).6. Your Instructions
You shall ensure that all instructions provided to Ding through the Applications 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. Ding and/or its 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 inaccurate information prior to final confirmation.7. Transactions Using Your Chosen Payment Method
You may purchase the Services using Visa, MasterCard, Diners, Discover or PayPal or any future payment methods available on the Applications. Any credit card, debit card or other payment method which may be used on the Applications must have a valid billing address and valid issuing bank or other payment services provider.
Upon receipt of a proper and complete request from you for Services, Ding will charge the payment method provided by you and will forward an electronic request to the relevant third party provider (e.g. mobile operator) to provide the Services in the amount transferred, for the benefit of the recipient nominated by you.
You authorize Ding to act upon any instruction to charge the payment method provided by you through the Applications 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 Applications. Ding is not required to undertake any additional authentication or identity verification measures other than those Ding deems appropriate and sufficient to protect the security and maintain the proper use of the Applications. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.
Ding shall accept liability for the non-execution or defective execution of Services purchased through the Applications, subject to your adherence with this Agreement, the proper use of the Applications as instructed by Ding, 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 Services.8. Promotions
From time to time, Ding or partner mobile operators will run promotions on the Applications. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Applications. Ding is not responsible for promotions run by partner mobile operators and you must make your own inquiries with the relevant mobile operator directly before availing of, and relying on the terms and conditions of, any such promotion.9. Your Obligations
The equipment and devices necessary to access the Applications shall be provided and be maintained by you solely at your expense. If you access the Applications 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 free of charge. Ding reserves 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 Applications 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 Ding or any third party as a result of your failure to adhere to this Agreement.10. Third Party Services and Information
Some of the Services which may be offered for sale, through the Applications or through other services that Ding may offer you, may be submitted, created, provided or developed by third parties.
Ding will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by 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 Applications.11. Termination of the Agreement
This Agreement applies to every Service you purchase through the Applications.
Ding may terminate this Agreement and withdraw the use of the Applications and/or the Services provided through it:
(i) upon reasonable prior notice to you;
(ii) immediately upon breach by you of this Agreement or where there exist serious grounds for termination. As a courtesy when Ding terminates this Agreement on these grounds Ding shall inform you within a reasonable time post-termination;
(iii) immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. Ding reserves the right to commence debt collection actions within the bounds of the law under these conditions;
(iv) if it reasonably believes that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.
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 or cancel the Agreement at any time without reason by giving Ding written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination. If you exercise your right of termination, Ding will endeavour to refund any credit in your Account (less any promotional and/or bonus amounts) as soon as possible, and in any event within fourteen (14) days of the date of your written request to firstname.lastname@example.org.
Ding reserves 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. Ding is 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.12. Your Contribution
Where you send Ding any feedback, suggestions, ideas or other materials in relation to or via the Applications or the Services provided, you agree that Ding can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction, subject to Ding’s obligations as provided under the Privacy Notice.13. Variations of the Agreement
Ding reserves the right to modify, amend or vary this Agreement for commercial or legal purposes. Any such variation shall become effective and shall be binding upon you fourteen (14) days after notice of such variation has been sent to you by any of the following means: through the post; email; or by posting a message on the Applications. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement by notifying Ding in writing but without prejudice to any rights or obligations which have arisen prior to the termination date, including liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen prior to the termination date.14. Notices
Save where expressly provided, any notice required to be given by you to Ding in connection with this Agreement shall be given in writing and sent by email to email@example.com or through the post addressed to Customer Operations, Ding, 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland.
Save where expressly provided, any notice required to be given by Ding to you in connection with the subject matter of this Agreement may be given through the post or by email.
With your permission, Ding may from time to time contact you to keep you up to date about Ding’s Services including new products, campaigns and promotions. For further information please review our Privacy Notice .15. Links to other Websites
Access to and use of the Applications is at your own risk and Ding does not represent or warrant that the use of the Applications 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 Applications may link to websites or applications not created or maintained by Ding. You are hereby adequately notified and forewarned that when entering other websites or applications via such links, the terms and conditions, benefits, and privacy protections afforded by our Applications will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or applications. Ding is not 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.16. Intellectual Property Rights
For the purposes of this Agreement “Intellectual Property Rights” means all copyright, patents, registered and unregistered trademarks, 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.
You may only download, use, view and display the Applications (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Applications are owned by Ding or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Applications (including any graphics or trade marks) in any form is prohibited without Ding’s prior consent, other than that which you are authorised by Ding to print or download for personal, non-commercial use.
Ding owns all Intellectual Property Rights that exist in the words “DING” and “EZETOP”, and in any accompanying logo. Ding also owns all Intellectual Property Rights in the domain names www.ding.com and its subsidiary sites. Ding takes cyber-squatting very seriously. Please notify any suspected incidents to firstname.lastname@example.org. 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 Applications or the Services, or where there is a real or potential security risk, Ding shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Applications for such reasonable period as may be required to remedy, address or resolve the issue. Ding may also suspend the Applications and/or Services as required for maintenance (whether emergency or planned) or upgrade work. You further agree and acknowledge that your access to the Applications and/or Account and/or Services may be suspended where Ding reasonably believes that it has been used unlawfully or fraudulently.18. Force Majeure
Ding 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 Ding’s control.19. 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, Ding 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:
while using reasonable endeavours to minimise any inconvenience caused.
You acknowledge and agree that these events may occur and that Ding bears no liability when such events occur. Where Ding changes authentication procedures for accessing the Applications or the Services therein, notwithstanding any other terms of this Agreement, Ding may introduce these procedures by giving instructions to you via the Applications in respect of which such procedures are being introduced.20. Agency and Assignment
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.21. Limited Liability
Ding bears no responsibility for the improper, immoral, unauthorised, fraudulent or illegal use of the Applications. Save as set out at Section 8 above, Ding, its 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 Applications or the Services. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.
No damages other than compensatory damages, strictly limited to the amount of Top-up or other value paid in relation to Services provided through the Applications, where fault lies solely with Ding, shall be incurred by Ding. No right of indemnity exists for you against Ding.
Furthermore, Ding 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 Applications and the Services and content provided through them are provided “as is”. To the fullest extent permitted by law, Ding makes no warranties in relation to the use and availability of the Applications or the Services provided through them.22. Governing Law
This Agreement, the Applications and the provision of Services will be governed by the laws of Ireland. If any claim or dispute arises from, out of or in connection with this Agreement and/or your use of the Applications or any Services, you agree that the courts of Ireland will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable legislation.23. Severability
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).24. Waiver
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 Ding’s part to exercise or avail of any right, power or privilege operate as a waiver of any breach or default by you.25. Customer Care & Contact Information
If you have any questions about this Agreement or any complaints, or require any assistance with the Applications or the Services you have purchased, we are always here to help. You can get in touch with us 24 hours a day, 365 days a year using one of the options below. Complaints can also be made via the European Commission’s Online Dispute Resolution platform, available here.
Email us: email@example.com
Live chat: www.ding.com
© Ezetop Unlimited Company t/a Ding 2018