Terms and Conditions

Cell-Partners Prepaid Airtime Refills Store (“Airtime Refills Store”) End User Terms and Conditions (“Terms and Conditions”).

Welcome 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.

 

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS

 

Read these 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.

Definitions

For the purposes of this Agreement:

"Prepaid Airtime Refill" shall mean refill airtime, including but not limited to, mobile telephone services and airtime minutes and plans refills from third-party carriers purchased 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.

"Cell-Partners," “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.

"Airtime Refill Store" shall mean means the following World Wide Web site owned, maintained and hosted by or on behalf of Cell-Partners Prepaid Airtime Refills.

Price,”"Fee," “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 refill.

"Parties" shall collectively refer to Airtime Refill Store and you.

"Your Data", “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

Airtime 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

Disclaimer of Warranties

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.

The 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.

Downloading Information/Material:

USER 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.

Copyright and Trademark

All 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 this website.

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.

Limitations on Use of Services

You 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.

Consent to Receive SMS

By using 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.

Consent to Receive e-mail

By using 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.

Entire Agreement

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.

Modification/Responsibility for Charges.

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:

After you 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

Airtime 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.
Termination of 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.
In 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 third-party carriers.
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.

Termination of Agreement

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

Any 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 shall agree.
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.

Revisions 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

Your Duties Under this Agreement.

You agree to abide by and perform all the terms and conditions of this Agreement at all times.

Airtime Refill Compatibility

Prepaid 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 representatives toll-free at 1-888-573-8118 from 8am to 8pm EST.

Payment Acceptance

FRAUD

At times, 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).

Attempting to Bypass Validation, Verification and other Security Measures.

To 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

You 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.

Fees / Credit Card Charges and Authorizations:

Airtime 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.

Collected Information

Location Information

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 visit.

Information 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.

Personally Identifiable Information

When 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).

We 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.

User 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 Information

Legal Process/Disclaimer

We may 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

YOU AGREE 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:

You agree 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 barred.

Waiver

The 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.

Third-party Beneficiary

User 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.

Privacy Statement

Please review our privacy policy (Privacy Policy) User is encouraged to periodically review our Privacy Policy to obtain notices of any changes or modifications to the Privacy Statement.

Unless 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.

Customer Support

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.