Terms and Conditions

GENERAL

1. Introduction

The provision of services Top-Up services (the “Services”), to you through the websites clickntopup.com (each the“Website”) is subject to your acceptance of these terms and conditions (“Agreement”). By using the Website and by clicking “Create Account” at registration, you expressly agree to be bound by the terms and conditions applicable to the Services provided by GistPal (“we” or “us”), and the terms of GistPal Privacy and Cookies Statement.


Please read this Agreement carefully before accessing the Services on the Website. 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 membership of the Website in any way, you may: a) discontinue your use of the Website; and b) terminate this Agreement and your virtual account (“Account”) by notifying us in writing by email or otherwise. No other remedy, legal or otherwise, is available to you save for a) and b) mentioned above.
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

clickntopup.com is a brand name of GistPal ltd a company incorporated in England and Wales with registration number 09118657 and having it registered address at :

GistPal Ltd t/a clickandtopup
 
Amelia House Crescent Road,
Worthing,  
West Sussex,
BN11 1QR 
United Kingdom

You can contact GistPal using one of the following options:

Email us: | service@clickandtop.com |

 

3. Registration
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.
If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using the Website. 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 the terms and conditions of use on behalf of that employer, company or entity.

 

4. Email Address, Mobile number and Password
When registering on the Website you will supply your email address, mobile number and choose a password. For the purposes of this Agreement username means the email address you use while registering as a member on the Website. You are entirely responsible for all activities which occur under your email address and/or password, including unauthorised use of your or any other 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 www.clickandtopup.com or the associated mobile applications. This Agreement will apply to the use of Services on any Website.

 

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 Privacy and Cookies Statement, you expressly agree to the processing, use, storage and disclosure of your Data by GistPal as set out in the Privacy and Cookies Statement. We recommend that you read the Privacy and Cookies Statement carefully.
Please note that the sending of Data via e-mail over the internet may not be secure and can be intercepted by third parties or incorrectly delivered.
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 clickntopup.com 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. 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 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 secure online processing fee on each Top-Up you send through the Website. If you choose to send an optional SMS to the recipient of the Top-Up, an additional message fee for this will 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 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 clickntopup.com 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 which contains details of the Top-Up sent as soon as your Top-Up transaction has been successfully completed. You agree and understand that GistPal ltd only acts 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, GistPal ltd asks you to confirm that the number you have entered is correct.
You acknowledge that our top-up PIN base services is valid for 365 days from the day of sending it and it must be redeemed by the recipient. Without redemption within the said days the PIN expires and it can no longer be redeemed.
You acknowledge that you will lose the right to cancel the Top-Up once the Top-Up service has been fully performed by GistPal ltd. 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.

You can access your purchase history at any time under the “My Account” section of the Website. You can request a copy of your top-up history by sending a written request to service@clickandtopup.com. This will set out details of the date, time, region, duration and cost of each Top-up. GistPal ltd will endeavour to provide this to you as soon as possible, and in any event within thirty (30) days of the date of your written request.

 

7. Your Instructions
You shall ensure that all instructions provided to GistPal through clickntopup.com Website 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 and GistPal ltd 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 problematic information prior to final confirmation.

 

8. Transactions Using Your Credit Card
You may purchase Top-Up using Visa and MasterCard. 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. You must use your own card or if making of another person card, the cardholder must give consent to the use. 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, GistPal ltd 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.
 

Transaction Limit

To protect all our customers and to ensure that card usage is not abused on our system. We imposed a card authorisation limits of three transaction within 7 days. Once these limits are reach all subsequence transactions will be automatically declined by our payment gateway partners. 

You authorize GistPal ltd to act upon any instruction to debit your card provided through the Website 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. GistPal ltd is not required to undertake any additional authentication or identity verification measures other than those GistPal ltd deems 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.
 

Refund & Cancellation policy
As we sell non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the airtime is delivered. As a customer you are responsible for understanding this upon purchasing any item at our site.

GistPal ltd shall accept liability only for the non-execution or defective execution of Top-Up Website, subject to your adherence with this Agreement, the proper use of the Website as instructed by GistPal, 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-Up.

9. Promotions & Special offers
From time to time, Gistpal will run promotions on the Website. 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 Website.

 

10. Your Obligations
The equipment and devices necessary to access the Website 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 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 Gistpal 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 through other services that Gistpal may offer you may be submitted, created, provided, or developed by third parties.
Gistpal will not check the accuracy or completeness of the information or the suitability or quality of the products and services of the 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.

 

12. Termination of the Agreement
This Agreement applies to every Top-Up you send through the Website.
Gistpal may terminate this Agreement and withdraw the use of the Website and/or the Services provided through it:
(i) upon reasonable prior written notice to you;(ii) immediately upon breach by you of any of the terms and conditions of this Agreement or where there exist serious grounds for termination. As a courtesy when Gistpal terminates this Agreement on these grounds Gistpal shall inform the user in writing 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. Gistpal 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 Gistpal 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, Gistpal 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 mychoice@clickandtop.com.
Gistpal 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. Gistpal 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.

 

13. Your Contribution
Where you send Gistpal any feedback, suggestions, ideas, or other materials in relation to or via the Website or the Services provided, you agree that Gistpal can use, reproduce, publish, modify, adapt, and transmit the communication mentioned above to others free of charge and without restriction, subject to Gistpal obligations as provided under the Privacy and Cookies Statement.

 

14. Variations of the Agreement
Gistpal 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 Website. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement by notifying Gistpal in writing but without prejudice to any rights or obligations which have arisen prior 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.
 

15. Links to other Websites
Access to and use of the Website is at your own risk and Gistpal does 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 Gistpal. 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. Gistpal is 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 (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 Website are owned by Gistpal or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Website (including any graphics or trademarks) in any form is prohibited without Gistpal prior consent, other than that which you are authorised by Gistpal to print or download for personal, non-commercial use.
Gistpal owns all Intellectual Property Rights that exist in the words “clickandtopup”,and in any accompanying logo. Gistpal also owns all Intellectual Property Rights in the domain names www. clickntopup.com. Gistpal takes cyber-squatting very seriously. Please notify any suspected incidents to service@clickandtop.com |

 

18. Data Protection
Gistpal 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 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, Gistpal shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for such reasonable period as may be required to remedy, address or resolve the system issue. Gistpal 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 Gistpal reasonably believes that it has been used unlawfully or fraudulently.

 

20. Force Majeure
Gistpal 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 Gistpal 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, gistpal 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:


• make certain or all of the Website or Services unavailable to you; and/or
• delay implementation of any new Services; and/or
• withdraw, replace or reissue your password; and/or
• change authentication procedures or processes for accessing the Website or the Services while using reasonable endeavours to minimise any inconvenience caused.
You acknowledge and agree that these events may occur and that Gistpal bears no liability when such events occur. Where Gistpal changes authentication procedures for accessing the Website or the Services therein, notwithstanding any other terms of this Agreement, Gistpal may introduce these procedures by giving instructions to you via the Website in respect of which such procedures are being introduced.

 

22. Limited Liability
Gistpal bears no responsibility for the improper, immoral, unauthorised, fraudulent or illegal use of the Website. Save as set out above, Gistpal, 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 Website 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 Website, where fault lies solely with Gistpal shall be incurred by Gistpal. No right of indemnity exists for you against Gistpal.
Furthermore, Gistpal 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 and the Services and content provided through it are provided “as is”. To the fullest extent permitted by law, gistpal makes no warranties in relation to the use and availability of the Website or the Services provided through it.

 

23. 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.


29. Customer Care & Contact Information
You can get in touch with us 24 hours a day, 365 days a year using one of the options below:

 

Email us: service@clickandtop.com |