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Conditions Générales

IMPORTANT - PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE AND/OR ITS SERVICES INDICATE THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU ACCEPT THEM AS PRESENTED. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.

By using the Waricel website and/or Services you agree to be bound by the following Terms and Conditions that may be amended at any time in Waricel's sole discretion.

1. CONTRACT FORMATION AND OVERVIEW.
These Terms and Conditions govern the terms under which you may access and use this website and the services associated with it (together, the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service.
In these Terms and Conditions, the terms "waricel", "we", "us", and "our" refer to Waricel LLC., together with its employees, directors, and affiliates. Waricel LLC. is a company registered in USA, with its registered office at 701 Gervais Street, Suite 150-402, Columbia, SC 29201. 
The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, or visitors to this website. 
These Terms and Conditions are effective from 7 November 2011. The Terms and Conditions may change from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the Service.
 

2. DEFINITIONS.
In this Terms and Conditions:
"Recipient" means someone who receives mobile credits through the Service.
"Sender" means someone who uses the Service to send mobile credits.
"Service Fees" means any additional charges applicable to each Transaction.
"Transaction" or "Transfer" means a specific instruction to send mobile credits through the Service.
"Transfer Amount" or "Card Value" means the value of mobile credits that the Sender wishes to send to the Recipient in the Recipient's local currency. 
"Mobile Credits" means the service provided by mobile network operators (the "Carrier") which allow their users to store credits. These credits can only be redeemed to access services provided by the carrier that issued them.

 
3. ELIGIBILITY.
WARICEL WEBSITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANYONE PREVIOUSLY SUSPENDED FROM USING THE SERVICE BY WARICEL. By clicking the “I Agree” button during registration, You represent that You are at least 18 years of age, are residing in the USA and have not been previously suspended from the Waricel website.
 

4. SERVICE PROVIDED.
Waricel is a provider of mobile services. We provide mobile credits from various Mobile Network Operators. Waricel does not have control of or liability for the prepaid services that are paid for with our Service. The Service was created to assist customers in sending mobile credits to their family and friends around the world. For security reasons, we recommend that you only send mobile credits through the Service, to people you know personally.

The Sender can buy a Waricel topup card online and send it to a recipient's mobile phone as mobile credits.  Within minutes, the recipient will receive Mobile credits which are equivalent to the face value of the topup card. Mobile credits can be used to pay for services like bills, groceries, recharges. The Mobile credits is delivered to the recipients mobile phone within 24 hours of initiating the transaction.

The recipient has to be a mobile subscriber with a prepaid mobile account with one of our Mobile Network partners in order to receive mobile credits. 

Any disputes regarding the quantity, cost, or other terms of the mobile credits purchased must be handled directly between You (or the recipient of the Mobile Credits) and the Mobile Network operator.

For security reasons, we limit the amount or number of transactions you can make per day to $500 and per month to $1,000. 
 

5. USE OF THE SERVICE
Waricel operates and controls the Service from its offices in South Carolina, United States. Waricel makes no representation that the Service is appropriate or available in other locations. You may not use the website in any jurisdiction where its contents or use would be restricted or prohibited by law. If you use the site from other locations, you are responsible for compliance with applicable local laws.

The Waricel website is provided on an "as is" and "as available" basis for your personal use. The website and its contents may not be used for any unlawful, abusive, libelous or threatening purpose.  By submitting information to Waricel, you warrant that the information is accurate and that the use of the information will not violate the rights of any third party.
 

6. PRICE AND FEES
Waricel does not charge any separate fees for sending mobile credits to the recipient. All prices listed are final and include all taxes and fees. Due to fluctuations of the exchange rates and the fact that we are doing business internationally,  Waricel may adjust the price of its topup cards to stay competitive. 
 

7. DISCLAIMERS,  LIMITATIONS AND WAIVERS OF LIABILITY
IN NO EVENT WILL WARICEL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, RELATING TO OR ARISING OUT OF THE USE OF THIS WEB SITE, INCLUDING SPECIFICALLY ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF WARICEL IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. 

WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU OR ANY OTHER PERSON REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM, OR USAGE OF TRADE) OF ANY SERVICES PROVIDED UNDER THESE TERMS AND CONDITIONS OR ANY GOODS PROVIDED INCIDENTAL TO SUCH SERVICES.
  
We do not, in any event, accept responsibility for:
· errors in the recipient phone number that will cause the transfer to be delivered to the wrong recipient. If this occurs, we will take reasonable steps to reverse the transfer, but shall not be responsible if we are unable to cancel a transaction.
· errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
 

8. RETURNS, REFUNDS AND CANCELLATIONS

 

You may request a return/refund within 7 days of the date of the transaction, as long as the recipient has not used the mobile topup received. You will be refunded in full minus a 7% processing fee.

Returns, can only be performed when the recipient did not yet used the mobile credit sent to his/her mobile phone. To initiate a return, the customer contacts Waricel customer service and gets an RMA number. Within 48 hours the transaction will be reversed.

If required the refund can be requested within 7 days of the transaction date, and will be processed within 30 days of the issuance of the RMA#. The method of payment will gets credited by the amount of the transaction minus 7% processing fees. Waricel debits the customer payment method only after the mobile credit is delivered to the recipient mobile phone number. Therefore it is unlikely that a refund will be needed in most cases.

Since the transaction occurs within 10 minutes most of the time, transaction may be cancelled as long as the transaction is cancelled before payment processing. To cancel a transaction the Sending Customer needs to contact Waricel Customer Service. 

For all returns, refunds and cancellation requests, please contact us immediatly 
by email at support@waricel.com or by calling us at 1-855-600-8685

Recipient did not receive the mobile topup sent

Waricel process most orders within minutes. However, it may take as much as 24 hours to process some orders, due to mobile network issues beyond our control.

If after 24 hours from the time you placed the order, Waricel could not process your order due to mobile network issues, you will receive an email to inform you that your order has been cancelled due to mobile network issues. In addition, you will not get charged for that order.

You may initiate another order to send mobile topup. Keep in mind, Waricel does not charge you when the order cannot be processed, therefore there is no need for a return and refund.

Mobile Topup sent to the wrong mobile phone number

In some rare occasions, if after 24 hours, your recipient did not receive the mobile topup on his/her mobile phone and you did not receive an email from Waricel about not being able to process your order, it is possible the mobile topup was sent to the wrong mobile phone number.

Please contact us immediatly by email at support@waricel.com or by calling us at 1-855-600-8685. We will address the issue as quickly as possible.  

Recipient received less than the Mobile Topup sent

Though unlikely, if your recipient receives less than the mobile topup you sent, please contact us immediatly at email atsupport@waricel.com or by calling us at 1-855-600-8685. We will address the issue as quickly as possible. 

Request a Refund

To request a refund, you must contact customer service at support@waricel.com. We will give you the steps to take to reverse the transaction. The steps will have to be initiated by the recipient and you are in charge of communicating these steps with the recipient. 

Waricel is not responsible for mobile topup sent to the wrong mobile number. You must ensure that the mobile number you entered is correct. Because, once you confirm the order we begin the process of crediting the recipient's mobile account, you cannot cancel the transaction. You may still request a cancellation of your order in case the transaction has not been processed. To request a cancellation, You must contact customer service at support@waricel.com. Be aware that transactions are processed within minutes. Waricel shall not be responsible if we are unable to cancel a transaction because we did not have sufficient time to act on the cancellation request. 

Note that your credit card or debit card IS CHARGED ONLY AFTER THE TRANSFER HAS BEEN SUCCESSFUL. If mobile topup transaction is delayed for more than 24 hours or fails, you will not be charged. Hence there will be no need for a refund or compensation if the transaction fails. Waricel is connected to the mobile network operators and does not have any direct and/or indirect control over them. Waricel cannot guarantee that the Service will never be faulty but will take every commercially reasonable effort to correct reported faults and make the Service available as soon as possible.

9. PERSONAL INFORMATION AND USER ACCOUNT
In an effort to ensure a safe and secure Service and to manage risk, Waricel request, verify, and record information that identifies each person who registers and uses its Service. You agree that we may require you to provide additional information at any time in order to participate in our services. From time to time, we also may obtain information from third parties (including but not limited to credit or identity verification information) to ensure you are authorized to use services from Waricel in accordance with these Terms and Conditions.

As part of the registration process required to use the Service, we will ask for personally identifiable information about you, such as your name, address, telephone, etc. that will help us to identify you. We may also request other identifying documents or information. If you refuse or fail to provide the requested information, we may decline to provide the Service to you, or may discontinue providing the Service to you at any time, in our sole discretion.

You agree that if you initiate any Transfers through our Website, you are representing that all of the information currently in your User Account is accurate.
You may at any time request that we close your User Account. Please be aware that we will keep your personal details and the transaction history on our systems for at least 5 years.
You can open a new User Account at any time but can only maintain one User Account at any one time.

When opening a User Account, you must provide us with accurate, complete and up-to-date information as requested on the information forms. You agree that the information supplied on this website will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. You may do this at any time by clicking on the ’My Account’ section of the Website. 
All personal information you provide us as a member will be treated in accordance with the Waricel Privacy Policy which forms part of these Terms and Conditions.
Continued use of your User Account with inaccurate information may be regarded by us as a breach of these Terms and Conditions and may result in termination of your User Account.

Until you have completed the appropriate application and verification processes required to open and activate a User Account and we have approved your application and you have created a Password, all requests for Service will be held and not sent. 
 

10. PRIVACY POLICY
This privacy statement applies to transactions originating in the United States.
Waricel is committed to respecting and protecting your privacy. We value your trust and want you to understand how we protect, collect, use and disclose the personal information you share with us.
This privacy statement applies to personal and financial information we obtain at registration or anytime you complete transaction. 

THE INFORMATION WE STORE: Your Personal information which includes contact information such as name, address, telephone number or email address. 
THE INFORMATION WE DO NOT STORE: Your financial information including debit/credit card information.

Collect

As part of the registration process required to use the Service, we will ask for personally identifiable information about you, such as your name, address, telephone, etc. that will help us to identify you. Other than information we collect from you on the website, we obtain information about you from third parties (including but not limited to credit or identity verification information) as part of verification processes.  This process is to ensure you are authorized to use services from Waricel in accordance with these Terms and Conditions. We will keep your personal details and the transaction history on our systems for at least 5 years, as required by applicable laws and regulations.

We may use cookies (small data text files placed on your computer or device) or similar technologies to identify the computer or device and record your preferences and other data so that our Web sites can personalize your visit(s). We may also use information collected from cookies to improve our sites, make recommendations, and complete transactions you request. You may be able to set your browser(s) to reject cookies or delete cookies, but that may result in the loss of some functionality on our sites.

Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, fun and customized experience. We use personal information to complete your transaction,  to prevent fraud, abuse and other actual and potential prohibited or illegal activities, for purposes of verification and otherwise with consent or as permitted or required by law. 

Waricel will never sell, rent or lease your confidential information with any company or third party 

Protect

We store and process your personal information using third party servers located in secure data centers in the US. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations.

Waricel maintains the accuracy of information we collect by securing all the information on our website or submitted to us.  Registered users may access their own personal information by logging in to their accounts with their unique email address and password used for the registration. Users also have the option to edit their profile in their account and contact us through support@waricel.com about inaccuracies and difficulties they may find.

We make reasonable efforts to ensure security on our systems. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your User Account password with anyone. If Waricel learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps.

When we dispose of personal information, we use reasonable procedures to erase or render it unreadable (for example, wiping electronic media). 

Disclose

We share your financial information with relevant third parties such as credit card companies and banks. Information shared with these third parties is for the purpose of facilitating your payment.

If fraud is suspected in your mobile credit transfer, Waricel will share your information with relevant national, state and local law enforcement in the US and other countries, which may further share the information.

We may also need to disclose your information in connection when responding to legal requirements, enforcing our policies, or protecting anyone's rights, property, or safety, or as needed to provide the Service. Such information will be disclosed in accordance with applicable laws and regulations and in accordance with our good faith belief on what is required from us to comply with such applicable laws and regulations.

If you have questions or concerns regarding this privacy policy, or any feedback that you would like us to consider, please contact us by email at support@waricel.com.
 

11. SECURITY
We take security very seriously at Waricel, and we work hard, using state-of-the-art security measures, to make sure that your information remains secure.  We are committed to the security of your financial and personal information. We safeguard information according to established security standards and procedures, and we continually assess new technology for protecting information. 

Any data transmitted from from the website to our payment processor are sent over a 256-bit Secure Socket Layer (SSL), verified by GoDaddy Certificate Authority in order to prevent any third party interception. The https and green bar visible in all URLs once you're logged into your account is evidence that any data transmitted is encrypted. 

For security reasons, WARICEL DOES NOT STORE CREDIT CARDS DETAILS AND DO NOT PROCESS PAYMENTS DIRECTLY. For credit and debit card payments, we use Authorized.net, the world’s leading provider of online payments. This ensures that your payment information is always securely handled.

Waricel website is a safe and convenient way to send mobile credit to friends and family and to other people that you trust.  However, we do advise you to consider very carefully before sending mobile credit to anyone that you do not know well.
 

12. TERMINATION
This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. 
Either party may terminate this Terms and Conditions on one day's written notice.
We may terminate this Terms and Conditions with immediate effect if you are in breach of any provision of this Terms and Conditions, or you do anything which in our opinion is likely to disrupt our other customers
We may terminate this Terms and Conditions with immediate effect if you breaches or attempts to breach the security of the website in any way;