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 RELOAD 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 RELOAD 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. 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') within the UK and EEA. The Recipient of the Reload may only use our
services or purchase a Reload in accordance with their respective mobile operator's terms and conditions and you
should therefore ensure that you have read and understood those terms and conditions before using our services or
purchasing any Reloads and agreeing to the terms of this Agreement. 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. 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 to reflect changes in law or best practices or
changes to our policies and processes 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. DT One's VAT identification number [EU250150371]. To contact us, please send an email to legal@dtone.com or call us at (+65) 6694-0800.
You may only accept this Agreement if you are at least 18 years old or the age of majority in your country and able to conclude legally binding contracts.
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 except as provided for under applicable law. DT One will take reasonable steps to investigate such service interruption and try to resolve any affected Reloads as soon as practically possible. 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 legitimate 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.
The services provided on the basis of this Agreement are provided electronically via the Internet. In order to use these services correctly, you should have a device that provides access to the Internet and the correct display of websites or the Xoom Money Transfer mobile app, which is available via the App Store and Google Play for tablets and mobile phones. The fees related to Internet access and data transmission in accordance with the standard charges of your operator apply.
Payment is due at the time your Reload transaction is submitted for processing. DT One is not responsible for the payment process and does not perform it. The payment process is performed by Xoom within your Xoom account and is governed by an agreement between Recipient and Xoom, which can be accessed at https://www.xoom.com/user-agreement.
The price of the Reload is calculated on the basis of the Reload amount, applicable taxes, and the
foreign currency exchange rate and the transaction fee and/or other fees, if applicable. Any transaction fee and the
foreign currency exchange rate, if applicable, will be disclosed to you prior to your authorizing of a Reload. The
transaction fee may vary by recipient country, payment instrument, Reload amount and Reload currency. Xoom
establishes the foreign currency exchange rate and may charge additional fees in connection with your purchase of
Reloads.
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.
The net amount received by a Recipient of a Reload may deviate from the product's face value because of the applicability of taxes in the country it is received in.
You may not use our services or purchase Reloads to violate any laws, rules, or regulations. We may decide to restrict your ability to use our services or purchase Reloads if we believe that you are doing so for any illegal or criminal purposes. If this should be the case, we will share information about you and any transactions conducted with law enforcement authorities if they request it. If we restrict your ability to use our services or purchase Reloads, you may submit a complaint in accordance with the section Complaints below.
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 extraordinary circumstances beyond our control, including but not limited to, an Act of God, force majeure, public health crisis such as a pandemic, governmental act, fire, explosion, war, or armed conflict of civil commotion. We will inform you as soon as possible about any such circumstances and the delay or failure to perform any of our obligations as a result of it. We will take reasonable steps to mitigate the effects of any such delay or failure to perform.
DT ONE SHALL, IN SO FAR AS IT IS PERMITTED TO DO SO UNDER APPLICABLE LAW, ONLY BE LIABLE FOR LOSS
OR DAMAGE CAUSED DIRECTLY AND REASONABLY FORESEEABLE BY BREACH OF THIS AGREEMENT AND DT ONE'S LIABILITY IN THESE
CIRCUMSTANCES IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTHING IN THIS AGREEMENT SHALL LIMIT DT ONE'S LIABILITY RESULTING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT,
FOR DEATH OR PERSONAL INJURY OR FOR ANY OTHER MATTER FOR WHICH LIABILITY MAY NOT BE LIMITED PURSUANT TO APPLICABLE
LAW.
In case of breach of your contractual obligations in or related to this Agreement, DT One may hold you liable for any damages caused to DT One to the extent permitted under applicable law.
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. No rights or title of 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.
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. The 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 of Reloads.
You may submit your complaints to Xoom, with regard to the defective or incorrect provision of
Reload services, in writing, by e-mail or letter, within a reasonable time of discovering the defect. For the
complaint purposes you should contact Xoom, which is acting as a financial solutions provider. The relevant contact
details are available at https://help.xoom.com/s/contactsupport.
Information on Xoom's complaint handling process is set out in the Disputes section of the Xoom terms and conditions available at User Agreement | Xoom, a PayPal Service.
The complaint procedure does not preclude any rights granted to consumers according to the statutory law
provisions
If you are a resident of the EU, additionally, the European Commission provides for an online dispute
resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/.
If you are a resident of the EU you may also file for a dispute resolution procedure with the consumer dispute
resolution agency in your country of residence. We are neither willing nor obliged to participate in a dispute
resolution procedure before a consumer dispute resolution agency
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 England and Wales. The courts of England shall have jurisdiction to resolve any dispute arising out of or in connection with this Agreement but please note that if you are a consumer and resident of the EU you may choose between the courts of England and the courts of your residence. This Agreement shall not provide for any limitation on any consumer protection rights by which you may be covered in accordance with applicable, mandatory legislation in your country of residence.
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.
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').
Reloads are offered by DT One via PayPal's Xoom service ("Xoom"), with Financial
Services provided to UK residents by PayPal UK Ltd with its registered office at Whittaker House, Whittaker Avenue, Richmond-Upon-Thames, Surrey, United Kingdom, TW9 1EH,
and to EEA residents by PayPal (Europe) S.à r.l et Cie, S.C.A. Société en Commandite par Actions, with its registered office: 22-24 Boulevard Royal, L-2449 Luxembourg R.C.S. Luxembourg B 118 349 ("PayPal").
Information about the processing performed by PayPal via Xoom is available here. This privacy policy
("Policy") explains how we treat your personal data and protect your privacy when you purchase Reloads via Xoom. In
case your personal data are collected from the European Economic Area this Policy indicates how we collect, use,
disclose and protect information about you, in particular personal information in the meaning General Data
Protection Regulation ("GDPR"), while using our services, and what choices and rights you have.
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). In case you have any questions related to the processing of your personal data by DT One you can also contact our representative at: TransferTo Czech, s.r.o., as controller, having the registered office at Bucharova 1314/8, Praha 5 – Stodulky 15800 Czech Republic.
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 collect the following information:
- 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 the European Economic Area, 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.
The information that DT One collects may be stored, processed in and transferred between the European Union and
other countries in order to enable us to provide the Reload.
We transfer your personal data to the countries, which according to the European Commission decision ensure
adequate level of data protection. List of countries is available here.
If in the view of the European Union, there is no "adequate level of protection" for the processing of
personal data we will utilize other measure to ensure such protection, e.g. the standard contractual clauses
approved by the European Commission (which are available here).
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.Details of relevant European data protection supervisory authorities, which may be found here: https://edpb.europa.eu/about-edpb/board/members_en.
-
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 Reload customer support.
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.