Terms and Conditions
Prepaid Airtime Refills Store (“Airtime Refills Store”)
End User Terms and Conditions (“Terms and Conditions”).
to Airtime Refill Store where you can purchase and/or subscribe for
airtime refills for prepaid phones from leading U.S. Wireless
providers (“Services”). All Services are provided by
Cell-Partners and/or its partners and affiliates, your use of
Services and accessing to this website constitutes your agreement to
the acceptance of this Terms and Conditions and that you (“User”,
“you”, “You”, “Wireless Subscriber”,
“End User”) agree that:
(1) You have read and
familiarized yourself with the Terms and Conditions; (2) You
understand the Terms and Conditions; (3) You are bound by the Terms
and Conditions in your use of the Services.
IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO
COMPLY WITH THESE TERMS AND CONDITIONS
terms and conditions as they describe your legal rights and
obligations. These Terms and Conditions will become effective as of
the date of (1) your electronic signature on or acceptance of these
Terms and Conditions, (2) the activation of your customer account or
(3) submission of Prepaid Airtime Refill order on check out page of
this site or (4) your receipt of an e-mail from CLM Airtime Refills
Store confirming your order, whichever happens first.
For the purposes of this Agreement:
Airtime Refill" shall mean refill airtime, including but not
limited to, mobile telephone
services and airtime minutes and plans refills from third-party
through Airtime Refills Store as scratch cards or electronic PIN
(Personal Identification Number) numbers or direct account payment
(Real Time Replenishment). Airtime is the time you are connected to
your mobile phone network. This includes making calls, retrieving
messages and data
use. Airtime can be used by anyone with a prepaid cell phone.
“Airtime Refills Store," “us," "we,"
"our" and grammatical variants thereof shall collectively
refer to Cell-Partners Prepaid Airtime Refills Store, a corporation
organized and existing under the laws of the California, located at
!6133 Ventura Blvd., 7th Floor, Encino, CA 91436 U.S.A.
and its assigns and successors in interest.
Refill Store" shall mean means the following World Wide Web site
owned, maintained and hosted by or on behalf of Cell-Partners Prepaid
“Charges” shall mean monies and other consideration you
are obligated to pay to Airtime Refill Store in exchange for the
Prepaid Airtime Refills, electronic PINs, real time replenishment
payments for your prepaid mobile devices subject to the terms and
conditions of this Agreement and of the particular airtime refill and
the wireless provider for which you have purchased Prepaid Airtime
Refill, as outlined on the then-current product page for the airtime
shall collectively refer to Airtime Refill Store and you.
“Personal information,” “User Information”
shall mean any personal data, including but not limited to mobile
number, wireless provider, wireless plan, address, e-mails, or other
content, related to your use of the Services.
Services Airtime Refill Store will provide to customer
Refill Store grants you a limited,
non-exclusive, and nontransferable license to use this Web Site and
its various components to purchase / order / subscribe for Prepaid
Airtime Refills from third-party carriers or to enable third parties
and affiliates to direct you to this Web Site for the sole purpose of
purchasing services offered on this Web Site. This license is subject
to the restriction, that, except to the extent expressly permitted by
law, you may not modify this Web Site and / or the Services in any
manner or form, or use it in any way which is not expressly
authorized by this Agreement, including, without limitation, for the
purpose of obtaining unauthorized access to Airtime Refill Store
service or data (also known as "hacking"). Airtime Refill
Store will provide you with customer and technical support related to
your use of this Web Site, at no additional charge, subject to the
restrictions of this Agreement and Airtime Refill
Store Return Policy
Your use of Airtime Refill Store
Website and any components are at your sole risk and you voluntarily
assume that risk. Airtime Refill Store Web Site and all of its
components are provided on an "AS IS," "AS AVAILABLE"
basis without warranties of any kind, either express or implied,
unless such warranties are legally incapable of exclusion and
provided by the manufacturer or service provider or carrier. Airtime
Refill Store is not responsible for the contents of any Web site to
which Airtime Refill Store Web Site links or any link contained in a
linked site, or any changes or updates to such sites.
Registration and Eligibility.
Services are only available to United States residents 18 years of
age or older with a valid email address. To access the use of the
Services, you are required to register with Airtime Refill Store and
provide Airtime Refill Store with any required User Information.
HEREBY RELEASES CELL-PARTNERS, CLEARLINE MOBILE, SIMPLEXITY, EACH
PARTY'S AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, PARTNERS,
SUCCESSORS AND ASSIGNS FROM ANY AND ALL ACTUAL OR ALLEGED DAMAGES
WHICH MAY RESULT FROM USER DOWNLOADING AND/OR PURCHASING ANY
INFORMATION OR MATERIALS, INCLUDING BUT NOT LIMITED TO THE PREPAIR
AIRTIME REFILLS FROM THE WEBSITE.
Logos, Trademarks, Brands, Products, Images, Slogans and Names are
properties of their respective owners.
We refer to these logos
and/or names solely for the purpose of demonstrating the Prepaid
Airtime Refills and Services that we resell. Cell-Partners / Airtime
Refill Store is not affiliated with these Wireless Providers or any
other entity for which a logo or name or slogan may be presented on
Limitation of Liability
IN NO EVENT WILL CLM Airtime Refill
Store / ClearLine Mobile, Simplexity, ITS RESELLERS, DISTRIBUTORS,
AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT OR ANY OTHER THEORY OF LIABILITY, WHICH EXCEEDS THE AMOUNTS YOU
HAVE PAID TO CLM AIRTIME REFILL STORE / CLEARLINE MOBILE. Because
some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, Airtime Refill
Store liability is limited to the extent permitted by law. Never
shall Airtime Refill Store, SIMPLEXITY, NOR ANYONE ELSE INVOLVED IN
OFFERING THE SERVICES be held liable for costs or procurement of
substitute goods or services, lost profits, lost data, business
interruption, attorneys' fees or any direct, indirect, special,
punitive, incidental, exemplary or consequential damages, or any kind
of damages whatsoever, even if Airtime Refill Store has been advised
of the possibility of such damages, whether in an action under
contract, negligence, tort or any other legal or equitable theory of
recovery, arising out of or in connection with the use, inability to
use or performance of the information, merchandise, and materials
available from Airtime Refill Store Web Site, or any part thereof, or
your reliance on or use of information, services, or merchandise
provided on or through Airtime Refill Store web site, or that result
from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, any failure of
performance, computer virus, communication line failure, theft,
destruction, or unauthorized access to, alteration of, or use of your
account, whether for breach of contract, negligence or under any
other cause of action. In the event Airtime Refill Store is found
liable under any circumstance under the terms of this agreement,
Airtime Refill Store’s liability shall be limited to the
liability as stated in this disclaimer.
on Use of Services
represent and warrant that your use of the Services shall not:
1.violate any applicable local, state, or federal law, statute,
ordinance, rule or regulation; 2. impersonate any other person or
entity, or make any misrepresentation 3. Upload, post, transmit,
publish, or distribute any material or information which contains a
computer virus, or other code, files or programs intending in any
manner to disrupt or interfere with the functioning of the Services,
the Website, or that of other computer systems. You further
represent and warrant that Your Data is accurate and complete at the
time of registration and that such User Information is updated so
that it shall at all times be current, accurate and complete.
to Receive SMS
any Airtime Refill Store affiliated Service, You provide us with your
consent to receive SMS text messages for services, special offers and
refills reminders, recurring charges confirmations (if subscribed)
associated with Airtime Refill Store. To opt out from SMS
notifications simply reply STOP or CANCEL to any of the SMS messages
you will receive. Standard text and message rates may apply.
to Receive e-mail
any Airtime Refill Store affiliated Service, You provide us with your
consent to receive e-mail messages for services, special offers and
refills reminders, recurring charges confirmations (if subscribed)
associated with Airtime Refill Store. To opt out from e-mail
notifications simply reply unsubscribe to any of the e-mail
notifications you will receive.
This Agreement comprises the entire
agreement between you and Airtime Refill Store , and any prior or
previous agreements between you, and Airtime Refill Store , with
respect to the subject matter of this Agreement; provided, however,
that you shall be subject to any additional terms and conditions of
which Airtime Refill Store notifies you from time to time and that
may apply when you are using any content, software, products, or
Services of any kind or nature, of any third party, including, but
not limited to wireless carriers.
User acknowledges and agrees that
Airtime Refill Store, at its sole discretion, may change, modify,
amend, suspend or discontinue any aspect of the Services, including
its pricing, the Website, features and/or these Terms and Conditions
at any time and without liability to User or to any third party. User
also acknowledges and agrees that Airtime Refill Store may amend any
or all of the Terms and Conditions (including Fees and rules)
applicable to its Service at any time, at our sole discretion. You
shall be responsible for all charges resulting from your use of the
Services and the use of the Services by any other person who uses
your user name and password and / or credit card information,
regardless of whether you have actually authorized such charges.
CHARGES will display on your CREDIT CARD STATEMENT as CLEARLINE
MOBILE OR CELL-PARTNERS, OR AIRTIME STORE.
Password and Security:
register to use the Services, you will be prompted to select a
username and password. User acknowledges and agrees that Airtime
Refill Store will have no liability or responsibility whatsoever for
any damages or losses caused or alleged to have been caused a lot or
stolen username and password. If you misplace your user name or
password or both, or suspect that someone else may be using them
without your authorization, you agree that you will notify Airtime
Refill Store immediately. Failure to notify Airtime Refill Store may
result in you being liable for unauthorized charges. If you misplace
your user name or password or both, or suspect that someone else may
be using them without your authorization, you agree that you will
notify Airtime Refill Store immediately. Failure to notify Airtime
Refill Store may result in you being liable for unauthorized charges.
Failure to Make Timely Payment
Refill Store reserves the right to suspend or terminate your account
and your access to the Services for any amounts past due. Amounts
past due include, but are not limited to, denied charges and other
forms of charge backs, and dishonored payments.
your account and/or your access to Airtime Refill Store Web Site
shall not relieve you from the obligation to satisfy outstanding
invoices and to pay to Airtime Refill Store all amounts you owe to
Airtime Refill Store pursuant to this Agreement, or otherwise.
the event Airtime Refill Store utilizes an attorney at law to collect
any unpaid amounts from you, you shall be responsible for the payment
of all of Airtime Refill Store’s attorneys' fees and costs, in
addition to any penalties allowed under applicable law, in the
collection of those sums.
All Sales Final; Refunds or Credits from Carriers.
You agree that Airtime
Refill Store acts merely as a distributor of prepaid products for
All mobile refills sales are final, no
exchange or returns will be accepted. Pins and refills are live and
will be added to the account / displayed on the screen or emailed to
you immediately; therefore the funds cannot be refunded for any
purchased airtime refills. If in any case, you feel there was an
issue with our system or airtime refill PIN or voucher, please
contact customer service and or email us and provide an explanation
of the error. We will review each request on a case by case basis;
there are no guarantees of a refund or exchange unless PIN is
verified to be defective, we will inform you once a decision has been
made. This decision will be made based on the number of factors
including but not limited to: carrier confirmation on refill
availability, service shortages, and wrong account number provided by
you, phone number being disconnected by the carrier and other factors
outside of our control.
CELL-PARTNERS Airtime Refill Store may
terminate this agreement at any time for 1. Breach of Airtime Refill
Store Terms and Conditions, 2. Credit card is declined for any
reason; 3. If you commit fraud or engage in any other dishonest
conduct related to or in connection with the Services; however,
either you or Airtime Refill Store may terminate this Agreement at
any time by discontinuing use or access to the Services. Your sole
right with respect to any dissatisfaction with any term of this
Agreement, as revised or amended from time to time, or Airtime Refill
Store’s performance of this Agreement is to terminate this
Agreement by notifying Airtime Refill Store in writing. Reasons for
termination (but not limited to these reason)
Alternative Dispute Resolution
dispute arising under this Agreement shall be resolved through a
negotiation/mediation/ arbitration approach. You and Airtime Refill
Store agree first to try to resolve the dispute informally between
ourselves through good-faith negotiations. If it proves impossible to
reach a mutually satisfactory solution to the dispute by negotiation,
then you and Airtime Refill Store agree to use mediation as described
below. The mediation shall be conducted in good faith and on such
terms and conditions as the mediator, you, and Airtime Refill Store
You and Airtime Refill Store shall each pay the
mediator one half of the fee for the mediator's services, regardless
of the outcome of the mediation.
Severability of Terms
of this Agreement
In the event that any portion of
this Agreement is held to be unenforceable, the unenforceable portion
shall be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect.
to this Agreement
You may not revise any of the
terms of this Agreement without express prior authorization and
written agreement signed by a duly authorized Officer or Manager of
Airtime Refill Store
Duties Under this Agreement.
You agree to abide by
and perform all the terms and conditions of this Agreement at all
Airtime Refill Compatibility
Airtime Refills are only compatible with the carriers specified on
the product page and in shopping cart / order receipt. If you are
uncertain as to what type of Plan you have and what kind of Prepaid
Airtime Refill you need, please call our customer service
at 1-888-573-8118 from 8am to 8pm EST.
we may require further documentation to verify your identification
such as a copy of your credit card, and/or ID and/or utility bill. We
will fully prosecute FRAUD to the fullest extent of the law and work
with all law enforcement agencies and cooperate with the FBI, Secret
Service and any other department to validate or help in preventing
FRAUDULENT use of credit cards, personal information or prepaid
telephone accounts. Please consider this before placing your order
(if you are using a stolen credit card).
to Bypass Validation, Verification and other Security Measures.
ensure your security, you may be asked to enter and confirm the
mobile number for which you want to buy airtime. Click on ‘Validate
My Phone Number” and we will immediately confirm that the
mobile number entered is compatible with the airtime ordered. In the
event of a validation error, please try again to carefully enter your
mobile number. This validation process takes only a moment and will
ensure that your personal information is safe and secure and that you
are purchasing a compatible airtime refill for your phone. If any
additional verification is needed, you will receive a phone call from
a customer service agent within a few minutes of placing your order
agree not to obstruct or attempt to obstruct the systems
identification procedures or to forge communications of any form.
You agree not to attempt to cause, or actually cause, any disruption
of service on Airtime Refill Store Web Site or any other network or
any server housing this Web Site, including but not limited to
malicious traffic generation, attempted or actual violation of any
security system in place on the Internet and its resources, or any
unauthorized access to any computer or resource on the Internet.
/ Credit Card Charges and Authorizations:
Refill Store / Cell-Partners will appear on your credit card
statement. We will perform credit card authorization with every
airtime refill purchase prior to sending refill request to a
third-party provider / wireless carrier. Upon receiving confirmation
of successful airtime refill from the provider we will charge your
card, if airtime refill was rejected or denied by provider or
carrier, authorized funds will be credited back to your account. If
you sign-up for automatic monthly airtime refills, we will charge
your credit card three days prior to the monthly anniversary date to
ensure funds availability and will apply Prepaid Airtime Refills to
your account on the 30 days anniversary. Depending on the
subscription plan you have chosen, you authorize a recurring monthly
or annual charge to your credit card in the amount of the then
current charges for the selected Prepaid Airtime Refill posted on the
Website, provided however, that Cell-Partners / Airtime Refill Store
reserve the right to change / modify / remove / update any airtime
refills and plan availability without prior notice to you, based on
third-party carriers and providers notifications. User's failure to
provide Cell-Partners / Airtime Refill Store with its intent to
terminate the services within fifteen (15) days of the notice date
will constitute acceptance of the modified recurring monthly charges.
Location information is used to improve your
shopping experience. When shopping for location-specific products, we
ask for a zip code and record this information so that we may display
only services which are available in your area. We also save this
information so that we don't have to ask for it again on your next
from IP addresses is used to help administer our Web site, to examine
overall traffic trends, and to help us improve our site and make your
browsing and purchasing experience more enjoyable. IP addresses are
not linked to any personally identifiable information.
you place an order we collect certain types of personally
identifiable information including (1) contact information (such as
name, address, e-mail address, and telephone number); (2) payment
information (such as credit card number); and/or (3) ID verification
information (such as credit card number, date of birth, mobile
telephone number, or Driver's License Number).
use the contact information you provide to communicate with you, such
as to send you order confirmations, request additional verification
information, respond to your inquiries, provide you with important
product update, warranty, or safety information. In addition, we use
contact information you provide to offer you additional products,
programs or services that we believe may be of interest to you,
including but not limited to newsletters from wireoffers.com, an
affiliated site. You can easily opt out of a newsletter by clicking
the unsubscribe link at the bottom of any of these e-mails. We do not
share, sell, rent or trade personally identifiable information with
third parties for their promotional purposes, unless you authorize us
to do so.
agrees; (1) that all User Information is accurate and complete at the
time of registration; and (2) that User information will be
continuously updated such that the User Information shall at all
times be current, accurate and complete. User acknowledges that it is
solely responsible for maintaining a valid credit card number on file
and that Airtime Refill Store shall have no liability if it is unable
to renew the Services due to an expired credit card or outdated User
disclose personally identifiable information in response to legal
process or when we believe in good faith that the law requires it,
for example, in response to a court order, subpoena or a law
enforcement agency's request.
WAIVER OF JURY TRIAL AND CLASS ACTION
THAT YOU WAIVE THE RIGHT TO JOIN A CLASS AND/OR A TRIAL BY JURY FOR
ANY DISPUTE ARISING BETWEEN YOU AND AIRTIME REFILL STORE,
CELL-PARTNERS AND SIMPLEXITY AND THAT IS IN ANY WAY RELATED TO THE
SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be
enforceable up to and including the day that trial is to start, and
even if the arbitration provisions of this Agreement are waived.
Statute of Limitations:
that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of any Airtime
Refill Store service or this Agreement must be filed by You within
one year after such claim or cause of action arose or be forever
failure of Airtime Refill Store to exercise or enforce any right or
provision of this Agreement will not be deemed a waiver of such right
or provision, nor shall any such waiver constitute a continuing
waiver unless expressly provided otherwise.
acknowledges and agrees that Simplexity is a third-party beneficiary
under this Agreement. Simplexity /Wirefly may take any equitable or
legal action required, without the requirement to post a bond, to
enforce the provisions of this Agreement.
Policy) User is encouraged to
periodically review our Privacy
Policy to obtain notices of any
changes or modifications to the Privacy Statement.
stated otherwise, in the Disclaimer and Limitation of Liability, the
agreement is made upon all entities of ClearLine Mobile, its parents,
its subsidiaries, its members, its partners, its joint ventures, its
affiliates, its suppliers, its licensors, its licensees, its
contractors, their respective agents and employees, and all their
respective heirs, successors, and assigns.
Airtime Refill Store shall provide all User
support services. Support is available twenty four (24) hours a day
every day during the year online via " Frequently Asked Questions",
" How It Works” guide, a window for e-mail
communications with the support personnel, and live chat area
for real time communications between the hours of 8 am and 8pm
Eastern Time daily. Telephone support is available at 1-888-573-8118,
the Toll free telephone number for live communications between the
hours of 8 am and 8pm Eastern Time daily.