THESE TERMS & CONDITIONS CONTAIN RESTRICTIONS AND/OR LIMITATIONS ON DT ONE'S LIABILITY TO YOU AND SHOULD BE READ CAREFULLY. BY PURCHASING A PRODUCT FROM DT ONE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS AND THE TERMS OF DT ONE'S PRIVACY POLICY (WHICH CAN BE FOUND HERE) AND YOU WILL BE IMMEDIATELY BOUND BY THEIR TERMS. YOU SHOULD ONLY PURCHASE A PRODUCT IF YOU AGREE WITH THE TERMS AND ACCEPT THAT ANY RESTRICTIONS AND/OR LIMIATIONS ON DT ONE'S LIABILITY TO YOU ARE REASONABLE. IF YOU DO NOT AGREE WITH THE TERMS YOU SHOULD NOT PURCHASE A PRODUCT FROM DT ONE.
These Terms & Conditions ('Agreement') are a legal agreement between you and Fixed & Mobile
Pte. Ltd
('DT One') that governs your purchase of our products or services. DT One operates a global network for the sale of
mobile and data top-up solutions which enables the use of prepaid cell phones ('Reload' or 'Reloads'). DT One
connects mobile operators' prepaid recharge and billing systems with the objective of enabling such mobile operators
to offer the Reload to their customers ('Recipient'). The Recipient of the Reload may only use it in accordance with
their respective mobile operator's terms and conditions. In most cases, the Reload may only be used for domestic and
international calls, to send text messages or to purchase mobile content, depending on the mobile operator. By
purchasing Reloads from DT One you are agreeing to the terms contained in this Agreement. PayPal's Xoom Service
('Xoom') will provide you with a link to the text of the Agreement in the confirmation e-mail delivered to your
e-mail address. You may also access the Agreement and DT One's Privacy Policy via Xoom's User
Agreement.
We may amend this Agreement from time to time by posting a revised version on our website. The
revised version will be effective at the time we post it, but it will not affect or restrict previously purchased
Reloads from being processed.
DT One is a limited company incorporated in Singapore (reg. no: 200513448Z) registered in the Singapore trade register, with the registered address 1 Raffles Place, #28-61 One Raffles Place, Tower 2, Singapore 048616. To contact us, please send an email to legal@dtone.com.
You may only make use of the services described in this Agreement if you are at least 18 years old.
DT One sells you the Reload through Xoom. When you purchase a Reload on Xoom, Xoom remits the applicable Reload transaction amount to DT One. In offering the Reload, DT One is the service provider and the merchant of record. This means that DT One is responsible for ensuring that the Reload is received by the Recipient and calculating any and all applicable taxes and/or fees in your purchasing the Reload. Xoom, as a provider of financial solutions, is responsible for processing and remitting the applicable amount of your payment to DT One, along with providing you with a transaction record reflecting the Reload purchased. Please contact Xoom for Reload customer support.
You acknowledge that your ability to purchase and send Reloads is dependent on a large network of service providers that are not under DT One's control, e.g. the Internet service provider and mobile operators. From time to time, these providers may fail to provide its services to DT One. You further acknowledge that DT One will not be liable for any failure to process Reloads that may occur due to a service interruption caused by any of DT One's providers. In the event that you experience any issues, please contact Xoom's customer support for available remedies. DT One reserves the right, in its sole discretion, to deny your request to purchase a Reload for any reason.
The Recipient's use of the Reload is subject to the mobile operator's terms and conditions and You understand that DT One has no control over these terms and conditions. You agree that you and/or your Recipient have read and understood the terms and conditions applicable to the Recipient's mobile phone account (the "Carrier Agreement"). The Carrier Agreement applies to all services for which the Reload may be used by the Recipient. Terms and conditions vary from one mobile operator to another, the Recipient's country of residence, and the terms of the Carrier Agreement but may include fees and taxes charged on a Reload, the expiration of the Reload and the quality and quantity of airtime, data and other services for which the Reload may be used. You or your Recipient may contact the mobile operator directly with questions or problems on how the mobile reload can be used for services provided by the mobile operator.
You are responsible for paying all taxes and fees associated with the purchase of a Reload ("Transaction Fee"). Please see DT One's Reload Transaction Fee Information Page for more information on taxes and fees.
We are not responsible for any fees or charges that may be imposed by the financial institutions associated with your payment instruments. For example, your credit card issuer may charge you a cash advance fee and interest if you use a credit card as a payment instrument. We are not responsible for any such fees, nor are we responsible for non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit or debit card issuer, or other provider in connection with your use of the Service. If you submit a Transaction that results in us being charged non-sufficient fund fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
You may not use our services or purchase Reloads to violate any laws, rules, or regulations. We may decide to restrict your ability to purchase Reloads if we believe that you are doing so for any illegal or criminal purposes. If we reasonably suspect that this may be the case, you authorize us to share information about you and any transactions conducted with law enforcement authorities if they request it.
We will not be liable for delays in performing our obligations, or failure to perform any such obligations under this Agreement, if the delay or failure results from circumstances beyond our control, including but not limited to, an Act of God, public health crisis such as a pandemic, governmental act, fire, explosion, war, or armed conflict of civil commotion.
YOU AGREE AND ACKNOWLEDGE THAT RELOADS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY AND THAT DT ONE DOES NOT WARRANT THAT ITS SERVICES WILL ALWAYS BE AVAILABLE, BE UNINTERRUPTED, BE ERROR FREE, MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN DT ONE'S SERVICES WILL BE CORRECTED. DT ONE, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT THE PURCHASE OF RELOADS IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DT ONE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN ANY WAY RELATING TO YOUR PURCHASE OR USE OF, INABILITY TO USE OR RELIANCE ON DT ONE PRODUCTS OR SERVICES EVEN IF DT ONE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR KNEW OR OUGHT TO HAVE KNOWN OF SUCH DAMAGES, OTHER THAN COMPENSATORY DAMAGES, WHICH ARE STRICTLY LIMITED TO THE AMOUNT OF THE RELOAD OR OTHER VALUE PAID IN RELATION TO THE SERVICES PROVIDED BY DT ONE AND WHICH SHALL ONLY BE INCURRED BY DT ONE WHERE FAULT LIES SOLELY WITH DT ONE.
You agree to indemnify, defend and hold DT One, and our officers, directors, partners, employees, and affiliates, harmless from any liability, loss, claim, damage and expense, including reasonable attorney's fees, arising out of or relating to your violation of this Agreement or use of the Reload. No right of indemnity exists for you against DT One.
You acknowledge and agree that any necessary software used in connection with DT One offering the
Reloads ("Software") contains proprietary and confidential information that is the property of DT One and/or its
licensors, and is protected by applicable intellectual property and other laws. DT One reserves all rights, title
and interest in and to the Software. No rights, title or interest in or to any of the Software used in connection
with any Service is provided, transferred or assigned to you.
DT One owns and retains all proprietary rights
related to its logo, trademarks, service marks and copyrights. You agree not to use DT One's logo, trademarks,
copyrights or any derivative thereof without DT One's express written approval.
Except where prohibited by applicable law, any controversy, dispute or claim arising out of or relating to this Agreement, excluding any controversy, dispute or claim relating to the collection of any amounts owing to DT One, shall be settled by binding arbitration in Toronto, Ontario by the Canadian Arbitration Association ("CAA") before a single arbitrator in accordance with the CAA's Commercial Arbitration Rules. If the parties cannot agree upon a single arbitrator, the CAA shall appoint the arbitrator within ten (10) days of the parties' failure to agree upon a single arbitrator. Judgement upon any award of the arbitrator may be entered into any court having jurisdiction thereof (such judgment to include an award or reasonable attorneys' fees and expenses, including the expense of arbitration, to the prevailing party). Each party shall bear its own costs and expenses of preparing and presenting its case and shall bear an equal share of the expenses and fees with respect to the arbitration. Notwithstanding the foregoing, any party to this Agreement may seek any appropriate equitable relief, including injunction, to which it may be entitled.
The failure of DT One to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision and will not be deemed a waiver of any subsequent breach of the same or any other provision hereunder. Any waiver of this Agreement by DT One must be in writing and signed by an authorized representative of the DT One. Except when expressly provided to the contrary, the specification or exercise of any remedies shall not preclude the exercise of any rights or remedies in law or in equity that may be available to DT One.
If any provision of this Agreement is held to be fully or partially unenforceable or invalid ("Ineffective Provision"), the other provisions (or the effective part of such Ineffective Provision) shall remain effective and enforceable. In case of an Ineffective Provision, the Parties shall agree on an effective provision which legally and commercially best reflects what the Parties intended or would have intended considering the spirit and purpose of this Agreement. The same shall apply if this Agreement or any provision of this Agreement is found to be deficient.
The Agreement is concluded for a fixed period and covers a one-off performance of the Reload transaction. Each purchase of a Reload requires accepting the Agreement, as the same is in effect as of the purchase of the Reloads. This Agreement constitutes the entire Agreement with DT One with respect to your purchase of Reloads and supersedes any prior agreements between you and DT One in connection to your purchasing Reloads.
This Agreement and any dispute arising out of or related to this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and all federal laws applicable therein, without regard to its conflict of laws principles. Subject to the Arbitration Section above, the courts located in the Province of Ontario shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement and each party hereby consents to the exclusive jurisdiction of such courts. The parties expressly exclude the United Nations Convention on contracts for the International Sale of Goods.
Each party shall be liable for their own legal expenses.
Please click here to view DT One's Privacy Policy in order to see how DT One processes and handles data in processing Reloads.
Xoom is responsible for customer support concerns that you may have regarding your purchase of Reloads. Please contact Xoom Customer Support for customer support questions and help about DT One's Reloads.
If any provision of this Agreement is held to be unenforceable or illegal, such decision shall not affect the validity or enforceability of such provisions under other circumstances or the remaining provisions of this Agreement and this Agreement shall be reformed only to the extent necessary to make it enforceable under such circumstances.
This Agreement and all related documents have been prepared in the English language and the English language shall control its interpretation. The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
Fixed & Mobile Private Limited a company incorporated in Singapore and having its registered
address at 1 Raffles Place, #28-61 One Raffles Place, Tower 2, Singapore 048616 with company registration number 200513448Z,. dba DT One
("DT One", "we" or
"us"), operates a global network for mobile and data top-up solutions which enables the use of
prepaid cell phones ('Reload' or 'Reloads') and sells the Reload to you (or
'Customer'). DT One connects mobile operators' prepaid recharge and billing systems with the
objective of enabling such mobile operators to offer Reloads to their customers ('Recipient'). This
Privacy Policy applies to residents of Canada.
Reloads are offered by DT One via PayPal's
Xoom service ("Xoom"), which is provided by PayPal, Canada Co. ("PayPal").
Information
about the processing performed by PayPal via Xoom are available here.
This privacy policy ("Policy") explains how we treat your personal data and protect your privacy when you purchase Reloads via Xoom.
Please read this Policy carefully. The practices described in this Policy are subject to the applicable laws in the places in which we operate.
BY PURCHASING RELOADS FROM US, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS POLICY.
Please contact DT One's data protection officer at privacy@dtone.com or at the address disclosed above (Attn: Legal Department).
For more information on how your purchase of a Reload from DT One on Xoom works, please see our Terms & Conditions and Xoom's Terms & Conditions.
We collect and use your data for several, different purposes related to your purchase of the
Reload. We process your personal data only when applicable laws allow for such processing.
We process
your personal data, which you provided to Xoom or to us which we collect when you purchase the Reload or which we
receive from another person that uses our services to purchase a reload for you.
To process and provide the Reload we may collect the following information:
- The
Customer's phone number
- The Customer's address (inclusive of state, city and zip code)
- The Recipient's
phone number
- The Recipient's first and last name
- The Customer's first and last name
We may also collect information on how you use our services for promotional activities with PayPal and product specific purposes. We will process your data for this purpose only on the basis of your prior specific consent for such processing.
If allowed by applicable law we may combine information that we collect about you (including automatically collected information, described below) with other information we obtain about you, and use such combined information in accordance with this Policy.
We also aggregate and/or anonymize information collected through your purchase of Reloads. We may use anonymized and/or aggregated data for any purpose, including without limitation for research and joint promotional purposes with PayPal.
We process your personal data on the following legal grounds:
Legitimate Interests. We process your personal data to fulfil our legitimate interests in commercial activities in ways that are not overridden by your interests or fundamental rights and freedoms, e.g.: (i) facilitate transactions related to the purchase of Reloads (ii) process tax payment requirements related to the purchase of Reloads (iii) customer service, (iv) protecting our customers, personnel and property, and (v) managing legal or regulatory issues
Legal Compliance. In some cases, we are obliged to process personal data to comply with our legal obligations.
Your Consent. Where required by law, and in some other cases, we handle personal data on the basis of consent. Where we handle your personal data on the basis of consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
Performance of a contract with you. We process your personal data based on the Terms & Conditions applicable to your purchase of Reloads. In case your personal data are collected from Canada, performance of the contract with you is also the legal basis for transfer of your personal data to Singapore.
We may disclose your data: (i) to our vendors that work on our behalf, (ii) if we are required to do so by law or for any legal proceedings or by law enforcement or other entities that present valid legal process or in our discretion, unless otherwise prohibited by law, to protect human safety, our rights or the rights of others, and to prevent fraud, (iii) to meet certain legal compliance requirements (e.g., anti-money laundering laws), (iv) to enforce the Policy or other contracts with you, including investigation of potential violations thereof, and (v) as part of a sale or merger of our business assets, including in contemplation of such transactions (e.g. due diligence).
We may disclose aggregate, anonymous, or de-identified information about users for research, compliance, promotional activities with PayPal or other legal purposes related to the processing of your Reload Purchase.
We may disclose your personal information to our authorized employees or agents insofar as reasonably necessary for the purposes set out in this privacy policy.
We keep your personal data as long as it is necessary to fulfil the purposes for which we collected it. We will retain your personal data processed on the basis of (i) a legitimate interest pursued by us, for the period necessary to fulfil the purposes for which we collected the personal data or until you object to the processing, (ii) a necessity to comply with our legal obligation, for the period necessary to comply with a legal obligation (e.g. under tax or accounting regulations), (iii) your consent, for the period necessary to fulfil the purposes for which we collected the personal data or until you withdraw your consent, and (iv) necessity to perform contract we have with you, for the period of the contract and thereafter for the period necessary to comply with a legal obligation or the statutory limitation period.
We may transfer personal data to third-party service providers, suppliers and sub-contractors who assist us in providing and processing the Reload. We may transfer personal data to a third-party service provider outside of your jurisdiction of residence for storage and processing. For example, personal data may be processed in the United States, Singapore or the European Union. In the event that your personal data is transferred abroad, the government, courts, law enforcement or regulatory agencies of that jurisdiction may be able to obtain disclosure of the data through the laws of that jurisdiction.
We are committed to data security and protect personal data through integrated physical, technological and administrative safeguards. In particular, personal data is protected by security safeguards appropriate to the level of sensitivity of the data through (i) physical measures; (ii) technical measures; and (iii) organizational measures. It is important to understand that we will undertake every reasonable precaution to safeguard your personal data. However, if a data breach occurs, we will notify you as soon as feasible (in accordance with applicable data protection laws) and will comply with all legal requirements to mitigate any harms resulting from such a breach.
You may have certain rights in respect of information that identifies you as defined by applicable
laws:
- right to access your personal data, right to demand an access into your personal
data processed by us and to request a copy of your personal data being processed by us
- right to
rectify your personal data, right to have incorrect or incomplete personal data corrected
-
right to erase your personal data, where legally envisaged you may have the right to have your
personal data deleted under certain circumstances. In specific cases, the right to deletion may be excluded
-
right to restriction of the processing, under certain conditions, you may have the right to demand
restriction of the processing of your personal data
- right to data portability , under
certain circumstances, you may have the right to get the personal data that was provided to us by you free of charge
in a machine-readable format
- right to object to processing, right to object to processing
on grounds relating to your particular situation that may be applicable where your personal data is processed on the
legal basis of our legitimate interest
- right to lodge a complaint with the supervisory
authority, right to appeal to a competent supervisory authority against the method of the processing of
your personal data
- right to withdraw your consent, right to revoke your consent at any time,
without affecting the lawfulness of processing based on your consent before withdrawal
You may exercise your
rights by contacting us at the address indicated at the beginning of the Policy or by contacting DT One's data
protection officer at privacy@dtone.com.
Our services are not intended for general audiences and are not targeted to minors under the age of 18.
If you do not provide us with your personal data or object to the use of certain personal data, we may not be able to provide the Reload to you. We will tell you when we ask for information which is a contractual requirement or needed to comply with our legal obligations.
Please contact Xoom Customer Support for customer support questions and help about DT One's Reloads.
We reserve the right to update the practices described in this Policy at any time. Please check here periodically. If we make any material changes, we will notify you as required by law.