TopUp360's Terms of Use

Terms and Conditions
In the event there is any inconsistency between the English version of our Website and any other language version, the English version shall be binding.

ACCEPTANCE OF TERMS

Read these Ecocarrier Inc. ("www.topup360.com") Terms and Conditions ("Terms") carefully before you accept these Terms by: (a) placing an order through www.topup360.com, and/or (b) using the www.topup360.com website ("Website") in any other manner. If you do not agree to all of these terms, do not use this Website.

Terms and Conditions
In the event there is any inconsistency between the English version of our Website and any other language version, the English version shall be binding.

ACCEPTANCE OF TERMS
The Terms are entered into by and between Ecocarrier Inc. ("www.topup360.com") and you. If you are using the Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf. Ecocarrier Inc. ("www.topup360.com") provides the on-line resources accessible via www.topup360.com (the "Services") to you, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern your use of any new features that augment or enhance the current Services, including the release of new www.topup360.com resources.

SERVICESK

An Ecocarrier Inc. ("www.topup360.com") customer (the "Sender") may send mobile credit top up to a designated receiver (the "Receiver") anywhere in the world where Ecocarrier Inc. ("www.topup360.com") offers its Services over the Internet using INTERAC Online or any other electronic payment method ("Payment Method"). Ecocarrier Inc. ("www.topup360.com") reserves the right to limit the number and amount of mobile credit top ups and the number and amount of top up PINs, or to decline to accept or send any mobile credit top ups that it or its agents determine in their sole discretion violates any applicable law or Ecocarrier Inc. ("www.topup360.com") policy. When required by applicable law, mobile credit top up sent or received in Canada will be reported to federal, provincial, local and/or foreign authorities. You will be required to provide Ecocarrier Inc. ("www.topup360.com") with certain information to allow us, among other things: to verify your identity; to receive appropriate Payment Method authorization; and/or to complete the transaction. Please refer to Ecocarrier Inc.'s ("www.topup360.com") Privacy Policy for information concerning Ecocarrier Inc. ("www.topup360.com") use of this and other personal information.

PRICES, CURRENCY, AND PAYMENTK

Prices. In consideration for the use of the Service, you agree to pay to Ecocarrier Inc. ("www.topup360.com") for each mobile credit top up initiated by you at the applicable price then in effect. The price for your transaction will be provided to you prior to your final authorization of the transaction, in addition to any applicable fees for additional services.

Currency. Prices are in USD, and payments will be made in USD. The currency of the mobile credit top up is the currency of the destination country, USD, or EUR, depending on the mobile operator.

Payment. Payment is due and payable before Ecocarrier Inc. ("www.topup360.com") processes the transaction. You must pay for the Service with a top up PIN. You must pay for your top up PIN with your Payment Method. If Ecocarrier Inc. ("www.topup360.com") does not receive authorization from the Payment Method issuer, the transaction will be not be processed, and the top up PIN will not be issued. Ecocarrier Inc. ("www.topup360.com") assumes no liability for damages resulting from or arising out of non-payment of the transaction by reason of non-receipt of authorization from the Payment Method issuer. Each time you use the Service you agree that Ecocarrier Inc. ("www.topup360.com") is authorized to charge your designated Payment Method account for the top up PIN price and any other applicable fees. (Your agreement with your Payment Method issuer governs use of your Payment Method, and you must refer to that agreement to ascertain your rights and liabilities as a user of your Payment Method, which may include a "cash advance" fee.)

REFUNDS

Refund of top up price and cancellation of the mobile credit top up will be made upon written request of the Sender if the top up has not yet been sent to the Receiver at the time the request is processed by Ecocarrier Inc. ("www.topup360.com"). Refund will be made within 45 days of receipt of a valid written request from the Sender. Refund of top up price will be made upon written request of the Sender if the top up is not sent to the Receiver within the time specified by Ecocarrier Inc. ("www.topup360.com") for the selected service. Refund will be made within 45 days of receipt of a valid written request from the Sender. Refund of top up PIN price and cancellation of the top up PIN will be made upon written request of the Sender if the top up has not yet been issued at the time the request is processed by Ecocarrier Inc. ("www.topup360.com"). Refund will be made within 45 days of receipt of a valid written request from the Sender.

RESOLUTION OF DISPUTES

Dispute or claim by Sender must be made in writing no later than thirty (30) days of the mobile credit top up transaction. Failure to contest a transaction or charge within such timeframe will create an irrefutable presumption of the correctness of the transaction and charge, absent manifest error, and that Sender shall have waived the right to dispute that transaction or charge.

Any dispute or claim arising from or relating to a mobile credit top up that involves a claim by Sender for less than $10000, exclusive of interest, arbitration fees and costs, shall be settled by arbitration administered by the Canadian Arbitration Association ("CAA") under its Arbitration Rules for the Resolution of Consumer Related Disputes. Any other dispute or claim arising from or relating to a mobile credit top up shall be settled by arbitration administered by the CAA under its Commercial Arbitration Rules, with such arbitration to be held in the most populous city in the province from which the mobile credit top up was sent, or in such other location as the parties may mutually agree. Each party shall bear its own lawyer's, expert's and witness fees, which shall not be considered costs of arbitration. Judgement on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof. The parties agree that neither of them shall have the right to participate as a representative or a member of any class of claimants pertaining to any claim subject to arbitration under this paragraph and that claims of third parties shall not be joined in any arbitration between the parties. If any portion of this paragraph is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this paragraph. THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO A MOBILE CREDIT TOP UP.

YOUR OBLIGATIONS

In consideration of your use of the Services, you agree to be solely responsible for: (a) providing true, accurate, current, and complete information about you as prompted by the Service's registration form (the "Registration Data"), and (b) maintaining and promptly updating the Registration Data to keep it true, accurate, current and complete. You are solely responsible for the security of your password. Ecocarrier Inc. ("www.topup360.com") is not liable for any unauthorized use of your www.topup360.com account or the Website or Services. If you provide any information that is false, inaccurate, out of date, or incomplete, or Ecocarrier Inc. ("www.topup360.com") has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Ecocarrier Inc. ("www.topup360.com") may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment, that you incur in order to use the Services.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Ecocarrier Inc. ("www.topup360.com") BE LIABLE FOR DAMAGES FOR DELAY, NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF THE MOBILE CREDIT TOP UP, OR ANY SMS NOTIFICATION MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES OR AGENTS OR OTHERWISE, beyond refunding the price of the mobile credit top up. IN NO EVENT WILL Ecocarrier Inc. ("www.topup360.com") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.

Ecocarrier Inc. ("www.topup360.com") AND ITS AGENTS RESERVE THE RIGHT TO DECLINE TO SEND MOBILE CREDIT TOP UP THAT EITHER OF THEM DETERMINES IN THEIR SOLE DISCRETION VIOLATES ANY APPLICABLE LAW OR Ecocarrier Inc. ("www.topup360.com") POLICY.

INDEMNITY

You agree to indemnify and hold Ecocarrier Inc. ("www.topup360.com"), and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, including any use by your employees, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

NOTICES; MODIFICATION AND TERMINATION OF SERVICES
Ecocarrier Inc. ("www.topup360.com") may send notices to you via either email or regular mail. The Services may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services. Ecocarrier Inc. ("www.topup360.com") reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Ecocarrier Inc. ("www.topup360.com") may make changes to www.topup360.com, including regarding products, services, programs, and prices, at any time without notice. Ecocarrier Inc. ("www.topup360.com") in its sole discretion, may terminate your password, www.topup360.com account, or use of the Services, for any reason, including, without limitation, for lack of use or if Ecocarrier Inc. ("www.topup360.com") believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and Ecocarrier Inc. ("www.topup360.com") may immediately de-activate or delete your www.topup360.com account and all related information in your www.topup360.com account and/or bar any further access to such information or the Services. Further, Ecocarrier Inc. ("www.topup360.com") will not be liable to you or any third-party for any termination, modification, or suspension of the Services.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON Ecocarrier Inc.'s ("www.topup360.com") WEBSITES IS PROVIDED "AS IS", "WITH ALL FAULTS," IS EXPERIMENTAL, AND IS FOR COMMERCIAL USE ONLY. Ecocarrier Inc. ("www.topup360.com") DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Ecocarrier Inc. ("www.topup360.com") MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON Ecocarrier Inc.'s ("www.topup360.com") WEBSITES. IN NO EVENT WILL Ecocarrier Inc. ("www.topup360.com") OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM Ecocarrier Inc.'s ("www.topup360.com") WEBSITES.

Ecocarrier Inc. ("www.topup360.com") MAKES NO WARRANTY OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Ecocarrier Inc. ("www.topup360.com") OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. Ecocarrier Inc.'s ("www.topup360.com") EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

INTELLECTUAL PROPERTY RIGHTS

The Services and any software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to you through the Services is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Ecocarrier Inc. ("www.topup360.com"), you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

You may use the Software and related Services only subject to the agreement or license that accompanies such Software or Services. You may use Services only during their specified term, for the enumerated number of times, for the specified number of individuals, or as otherwise limited in the applicable agreement or license. Services involving an update, version release, product release, maintenance release, patch or derivative work of a licensed Software or Service may be used only: (a) on systems for which such Software or Service were specifically licensed; and (b) subject to the license and warranty term governing the original product or Service.

'Ecocarrier Inc. ("www.topup360.com") Trademarks' means all names, marks, brands, logos, designs, trade dress and other designations Ecocarrier Inc. ("www.topup360.com") uses in connection with the Services. You may refer to the Services by the associated Ecocarrier Inc. ("www.topup360.com") Trademarks, provided that such reference is truthful and not misleading and complies with the then current Ecocarrier Inc. ("www.topup360.com") Trademark and Logo Policies. You may not remove or alter any Ecocarrier Inc. ("www.topup360.com") Trademarks, nor may you co-logo Products or material associated with your services. You acknowledge Ecocarrier Inc.'s ("www.topup360.com") rights in Ecocarrier Inc. ("www.topup360.com") Trademarks and agree that any and all use of Ecocarrier Inc. ("www.topup360.com") Trademarks shall inure to the sole benefit of Ecocarrier Inc. ("www.topup360.com"). You agree not to incorporate any Ecocarrier Inc. ("www.topup360.com") Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.

All Content provided on this Website is the copyrighted work of Ecocarrier Inc. ("www.topup360.com"). Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Ecocarrier Inc. ("www.topup360.com"). No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Ecocarrier Inc. ("www.topup360.com"). You also may not, without Ecocarrier Inc.'s("www.topup360.com") prior express written permission, "mirror" any Content contained on this Website on any other server.

Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

GENERAL INFORMATION

The Terms constitute the entire agreement between you and Ecocarrier Inc. ("www.topup360.com") and govern your use of the Services, superseding any prior agreements between you and Ecocarrier Inc. ("www.topup360.com") (including, but not limited to, any prior versions of the Terms). You must not assign or otherwise transfer the Terms nor any right granted hereunder.

Ontario Canada law and controlling Canadian federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and Ecocarrier Inc. ("www.topup360.com") agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.

This Website could include inaccuracies or typographical errors. Ecocarrier Inc. ("www.topup360.com") may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Ecocarrier Inc. ("www.topup360.com") may amend these Terms at any time by posting the amended terms on this site.

The failure of Ecocarrier Inc. ("www.topup360.com") to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.

These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.

Ecocarrier Inc.
30 East Beaver Creek Road, Unit 209
Richmond Hill, Ontario
Canada L4B 1J2
Telephone: +1-905-597-8133
Fax: +1-905-597-9122
Email: support@topup360.com