745 Atlantic Ave, 8th Floor
Boston, MA 02111
This User Agreement (“Agreement”) constitutes a valid and binding agreement between AirPocket LLC, a Delaware limited liability company with its principal place of business at 8th Floor, 745 Atlantic Ave Boston, MA 02111 U.S.A. (“AirPocket”, “our”, “us” or “we”) and you, as a user, and governs the terms under which you may access AirPocket’s website at airpocket.com, our mobile websites, and our mobile applications (collectively, “Applications”) and use the associated services (the "Service"). The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders or Recipients as defined below. By accessing the Service and completing the registration process, you are agreeing to the terms of this Agreement.
DO NOT ACCESS THE SERVICE OR COMPLETE THE REGISTRATION PROCESS IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT
AirPocket is a distributor of Mobile Recharge (as defined in Section 1.2) services for mobile telephone operators (“Carriers”) either directly via agreement with Carriers, or indirectly through agreements with third-party service providers (collectively such Carriers and third-party service providers that AirPocket has agreements with are referred to herein as “MR Providers”).. Each applicable Carrier is solely responsible for the provision of the mobile services to which a Mobile Recharge applies.
1.2 The Mobile Recharge Service:
The Service allows people in the United States (“Senders”) to send Mobile Recharges to people (“Recipients”) domestically and internationally (collectively defined herein as “Destination Jurisdictions”) subject to the following restrictions. If you use the Service to send a Mobile Recharge to a Recipient that is a customer of / subscriber with (a) Telefónica Internacional S.A.U. (or its applicable local operating affiliates), you will only be able to use it to execute an international Mobile Recharge to a Recipient in Mexico, Guatemala, El Salvador, Nicaragua, Panama, Costa Rica, Ecuador, Colombia, Peru, Uruguay, or Argentina; and (b) AT Comunicaciones Digitales, S. de R.L. de C.V. (or its applicable local operating affiliates) , you will only be able to use it to execute an international Mobile Recharge to a Recipient in Mexico. A “Mobile Recharge” is the addition of value, or a credit, to a Recipient’s prepaid mobile account with an applicable Carrier or the smart card (“SIM card”) inside a Recipient’s mobile telephone, by Sender’s purchase of an electronic recharge. The amount of value added to the Recipient‘s mobile account or the credit added to the Recipient’s SIM card (the “Recharge Amount”) is added in the local currency of the Recipient and, as applicable, is determined from the conversion of the amount purchased (“Transaction Amount”) by the Sender in United States Dollars (subject to applicable minimums and maximums on amount purchased as established by an applicable Carrier and/or MR Provider) into the applicable local currency using an applicable exchange rate as established by an applicable Carrier or MR Provider (for Mobile Recharge transactions to a Recipient that is a customer of Telefónica Internacional S.A.U. (or its applicable local operating affiliates) this rate is the then applicable exchange rate for the applicable country posted on the website www.xe.com). Any taxes, duties or charges that may be levied under the laws of a Destination Jurisdiction (“Local Taxes”) on Mobile Recharges are deducted from the Recharge Amount as well as any applicable fees charged by Carriers in the Destination Jurisdictions (“Local Fees”). The “Net Recharge Amount” is the balance of the Recharge Amount after deduction for Local Taxes and Local Fees and is the amount added by an applicable Carrier to your Recipient's prepaid mobile account or SIM card as a Mobile Recharge.
Additional information about the Service including updates and changes may be available from time-to-time and obtained online at airpocket.com.
Additional information about the Service including updates and changes may be available from time-to-time and obtained online at airpocket.com.
2.1 Eligible Users:
In order to use the Service as a Sender, you must be a United States resident and at least eighteen (18) years old and be able to form legally binding contracts under applicable law. Also, to use the Service you must first apply to create a user profile that is an informational record that will be maintained by AirPocket (a “Profile”) by completing a registration process. You can complete this process by entering the required information on the Registration Form available on the Applications, and establishing your User ID and Password (and your PIN if you are using an AirPocket mobile application. When registering, you must provide us with accurate, complete and up-to-date information as requested on the Registration Form. You agree that the information supplied with your Registration Form will be truthful, accurate and complete, and to inform us of any changes to that information by updating it via the Applications. AirPocket reserves the right to deny access to the Service to any Sender that attempts to provide inaccurate or fraudulent personal information. If AirPocket accepts your application, it will open your Profile and activate your use of the Service. Your User ID, Password and PIN, as applicable, are highly confidential and should not be shared with any other party.
2.2 Collection and Verification of Personal Information:
2.3 Using the Mobile Recharge Service:
As a condition of your use of the Service, you consent to: (i) having your bank account debited (or credited), your debit card account debited (or credited) and/or your credit card account charged against electronically to pay for any Mobile Recharge you initiate, as well as any applicable fees, including any service or processing fees, taxes and other charges; (ii) electronically signing required documents and agreements; and (iii) receiving all required disclosures, notices,statements and other communications from us electronically (we may, at our sole discretion, post them on our Applications or email or send them to you).
To initiate a Mobile Recharge transaction you must use your User ID and Password (or your PIN if you are using an AirPocket mobile application) created during registration. You agree that your User ID and Password or PIN has the same effect as your written signature and can be used to authorize transactions. You further agree to maintain the confidentiality of your User ID, Password and PIN at all times and not to divulge your User ID, Password or PIN to any other person and, notwithstanding that you are entirely responsible for all activities which occur under your User ID and Password or PIN including any unauthorized or unintentional use, that AirPocket nor any of its service provider shall have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your User ID, Password or PIN to any other person. You agree, with respect to each, that your User ID, Password and PIN is not transferable, and not to use another person's User ID or Password or PIN.
If you become aware of any unauthorized use of your User ID, Password or PIN, or if you believe you have been or might be a victim of fraud, you must notify us immediately by calling us at +1 888-220-7259 or emailing us at firstname.lastname@example.org. If you forget or lose your password, you should request a new password by clicking on the “Forgot Your Password” link on our Applications and our system will allow you to reset your Password from a previously verified mobile device phone number.
You shall ensure that all instructions given by you to us through the Applications are accurate and complete. You agree that you are solely responsible for correctly identify the Recipients’s mobile phone number that is to be recharged and corresponding Destination Jurisdiction. Prior to confirming any instructions to us via the Applications, you shall ensure that the instructions are the instructions which you intend to give. The processing by us of any such confirmed instructions shall be final and binding upon you. We suggest that you save each transaction receipt to your local hard drive for your records and/or print out a copy of each receipt.
If you have any problems with the Service you may contact AirPocket’s Customer Service by calling +1 888-220-4259 or emailing email@example.com. In addition, if you are using the Service to send a Mobile Recharge to a Recipient that is a customer of/subscriber with Telefónica Internacional S.A.U. (or its applicable local operating affiliates), you may also reach its Customer Service at +1 (866) 920-0222. PLEASE NOTE THAT EACH APPLICABLE CARRIER IS SOLELY RESPONSIBLE FOR THE PROVISION OF THE MOBILE SERVICES TO WHICH A MOBILE RECHARGE APPLIES AND QUESTIONS OR PROBLEMS WITH SUCH SERVICES SHOULD BE DIRECTED TO SUCH CARRIER OR ITS LOCAL OPERATING AFFILIATES, AS APPLICABLE, AND NOT BE DIRECTED TO AIRPOCKET.
2.4 Restrictions and Limitations:
You may only use the Applications and the Service strictly in accordance with this Agreement. We recommend that you use the Service only to send Mobile Recharges to people you know personally and never to send Mobile Recharges to strangers. You will only use the Service for your own personal use and agree not to use it to send a Mobile Recharge on behalf of a third-party nor for commercial purposes. The Service can only be used by you to affect transactions in accordance with the terms and limitations established by AirPocket and/or an applicable MR Provider or Carrier from time-to-time including, without limitation, terms governing Transaction Amount, and the number of Mobile Recharges and/or the value of Mobile Recharges, over specific time periods. Further, we may, at any time and in our sole discretion, refuse to process any Mobile Recharge transaction including for the reasons in the following paragraph. Other limits and exclusions may apply to the way which you can use the Service from time to time and you will be notified of these through your use of the Applications. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
AirPocket may terminate this Agreement or decline to process any Mobile Recharge transaction in its sole discretion and at any time, including but not limited to if: (a) it believes, in its sole discretion, you are using a Service for any illegal or improper purpose; (b) any transaction exceeds the available funds on deposit in your bank account or debit card account or, if applicable, available line of credit under your credit card account; (c) any transaction involves funds subject to a hold, dispute or legal process preventing their withdrawal from the bank account or debit card account; (d) any transaction would violate any law, rule or regulation applicable to the Service, you or the financial institution where your bank account, debit card account or credit card account is held; or (e) any transaction is not in accordance with any other requirement stated in this Agreement or any of our policies, procedures or practices. You agree that neither AirPocket nor its service providers will be held responsible or liable to you or any of your Recipients due to such actions; nor for any losses may you or your Recipient suffer as a result of your use of the Service in violation of this Agreement.
For each Mobile Recharge transaction that you send, in addition to the Transaction Amount you as Sender agree to pay any applicable fees and taxes, other than Local Taxes and Local Fees, (collectively, the “Total Sales Amount”). Fees may include, without limitation, processing fees and any applicable third-party fees With respect to any Local Fees on any Mobile Recharge transaction made through our Applications, you as Sender agree that each respective Recipient is your appointed agent for purposes of receiving the Mobile Recharge and the Local Fees shall be deducted from the Recharge Amount. Additional charges may apply including, to the extent you access the Service through a mobile device, your Carrier's standard charges, data rates and other fees. AirPocket is not responsible for any fees or charges that may be imposed by Senders and/or Recipients financial institutions associated with the processing of a transaction and the payment of the Total Sales Amount such as any fees charged by your credit or debit card provider for purchases made on our Applications, including, but not limited to, charges for over limit fees, interest, cash advance fees, and other charges. Nor is AirPocket responsible for non-sufficient funds charges, chargeback fees, or other similar charges that might be imposed on you by your bank, credit card issuer, or other provider in connection with payment of the Total Sales Amount; and you agree to indemnify us in full for any such charge and or related loss or damage. Any fees charged Sender for a Mobile Recharge transaction shall each be as identified on the applicable pre-transaction disclosures and post-transaction receipt generated with your transaction.
3.2 Surcharge on Certain Mobile Recharges:
In addition to any processing fees that we may charge as identified on applicable pre-transaction disclosures and post-transaction receipts, if the Recharge Amount is specified by Sender in an applicable local currency based on the applicable Carrier’s protocols for an applicable Recipients mobile telephone number, an exchange rate determined by AirPocket will be applied to convert such amount into United States dollars and AirPocket also makes money by charging a surcharge on this conversion. THIS SURCHARGE IS EFFECTED THROUGH AN EXCHANGE RATE ON SUCH TRANSACTIONS THAT IS LESS FAVORABLE THAN THE RATE OBTAINED BY AIRPOCKET AND IS INCLUDED IN THE EXCHANGE RATE IDENTIFIED ON THE APPLICABLE PRE-TRANSACTION DISCLOSURES AND POST-TRANSACTION RECEIPTS GENERATED WITH SUCH TRANSACTIONS.
If sales tax or any other tax or charge or duty is imposed by any federal, state or municipal regulatory or governmental body or agency of, or within, the United States on any Mobile Recharge transaction made through our Applications, you as Sender agree to pay to us this amount, which will be included in the Total Sales Amount. If any tax or duty or other charge is imposed by any applicable regulatory or governmental body or agency in a Destination Jurisdiction outside the United States on any Mobile Recharge transaction made through our Applications, you as Sender agree that each respective Recipient is your appointed agent for purposes of receiving the Mobile Recharge and that this amount shall be deducted from the Recharge Amount. Any taxes or duties charged Sender on a Mobile Recharge transaction shall each be as identified on the applicable pre-transaction disclosures and post-transaction receipt generated with your transaction.
3.4 Local Taxes and Local Fees:
You acknowledge and agree that AirPocket's responsibility for a Mobile Recharge transaction is to deduct the Total Sales Amount from your bank account or debit card account, or charge the Total Sales Amount to your credit card account, as applicable; and to promptly transmit electronically to the MR Provider applicable transaction information including the Transaction Amount so that the Net Recharge Amount may be added by the Carrier to your Recipient's prepaid mobile account or mobile telephone’s SIM card as a Mobile Recharge. You further acknowledge and agree that that the amount of any Local Taxes and Local Fees assessed or charged for a Mobile Recharge are determined by the Destination Jurisdiction and applicable Carrier and that AirPocket does not have any control over the assessment of Local Taxes and/or charging of Local Fees. You as Sender agree that that each respective Recipient is your appointed agent for purposes of receiving the Mobile Recharge and has read the terms and conditions applicable to Recipient's mobile phone account (the "Carrier Agreement"), which terms may include for the applicable country, for example, fees and taxes charged on a Mobile Recharge, the expiration of the Mobile Recharge and the quality and quantity of airtime, data and other services for which the Mobile Recharge may be used. Once the Net Recharge Amount is accepted by the Carrier, the Carrier Agreement applies to all services for which the Mobile Recharge may be used by your Recipient. You agree to, and to notify your Recipient to, contact Carrier directly with questions or problems regarding the application of the Mobile Recharge to services provided by the Carrier.
Carriers may offer from time-to-time promotions related to the purchase of Mobile Recharges under which Recipient may be eligible to receive the promotional consideration. You acknowledge and agree that in order for Recipient to qualify for any such promotion the Transaction Amount must be at least equal to the qualifying amount stated in said promotion and the Recipient must also meet any other applicable terms established by Carrier under said promotion. You further acknowledge and agree that Carrier, and not AirPocket, is fully responsible for the establishment and management of any such promotion including, without limitation, determining if any Mobile Recharge transaction qualifies for the benefit or bonus being offered by Carrier under any such promotion; and that AirPocket shall have no liability whatsoever to you or any Recipient under any such promotion including, without limitation, for any promotional consideration, benefits or bonus. Carrier is entitled to, at its discretion and without notice, change or modify terms and conditions specific to any promotion or to discontinue any promotion with immediate effect. Any questions or problems you may have regarding any Carrier’s promotion should be directed to that Carrier or its local operating affiliates, as applicable, and not be directed to AirPocket. From time-to-time AirPocket may also offer promotions directly, which are clearly identifiable and distinguishable from Carrier promotions by an “AirPocket Promotion Code.” You acknowledge and agree that in order for Recipient to qualify for any such promotion the Transaction Amount must be at least equal to the qualifying amount stated in an AirPocket Promotion Code and the Recipient must also meet any other applicable terms established by AirPocket under said promotion, and that AirPocket is fully responsible for the establishment and management of any such promotion including, without limitation, solely determining if any Mobile Recharge transaction qualifies for the benefit or bonus being offered under any AirPocket Promotion Code. AirPocket is entitled to, at its discretion and without notice, change or modify terms and conditions specific to any AirPocket Promotion Code or to discontinue any promotion with immediate effect. Any questions or problems you may have regarding any AirPocket Promotion should be directed to AirPocket’s Customer Service by calling +1 888-220-4259 or emailing firstname.lastname@example.org.
Payment of the Total Sales Amount is due at the time your transaction is submitted for processing and may only be paid in United States Dollars. For each Mobile Recharge transaction you initiate you authorize AirPocket (or any party authorized by AirPocket) to debit from your bank account or debit card account, as applicable, or charge against your credit card account for the Total Sales Amount. Whether the payment of the Total Sales Amount is made by debit of your bank account, debit card account or credit card account, the funds or credit, as applicable, must be available in the account from which the payment is made. AirPocket shall have no obligation to effect a Mobile Recharge transaction unless sufficient funds are available in your bank account or debit card account, or sufficient credit is available on your credit card account, as applicable, and neither AirPocket nor any of its service providers shall have any liability if a Mobile Recharge is not effected as a result of the unavailability of sufficient funds or credit. AirPocket may resubmit for collection any Automated Clearing House debit authorized by you that is returned to it for any reason.
You are responsible if AirPocket fulfills a Mobile Recharge you request and, for any reason, AirPocket is unable to collect the Total Sales Amount from your bank account, debit card account or credit card account (as applicable), or the transaction is later reversed; and you agree to indemnify AirPocket in full for any such loss or damage including for any fees assessed, collection expenses, court costs and attorneys' fees. You may be reported to a collection agency or credit bureau if you do not pay for any Mobile Recharge you have authorized in accordance with this agreement. You also authorize AirPocket to debit your bank account or debit card account and/or charge against your credit card account for any expenses, costs or fees assessed or incurred by AirPocket as a result of your failure to pay.
3.7 Credit Card Verification:
You represent and warranty that you are an authorized user of all credit or debit cards used to make Mobile Recharge purchases on our Applications or have received permission from the owner of such account to make purchases. AirPocket may use credit card verification (“CCV”) services to verify your name, phone number, address, security code, or other credit card information. If your credit card charge is denied for any reason, including, but not limited to, insufficient credit availability, failed CCV, presentment of the payment in other than U.S. Dollars, or any other reason, AirPocket will cancel your transaction and not deliver the corresponding Mobile Recharge.
If an error has occurred in the processing of your Mobile Recharge transaction, you may be entitled to a refund of the Total Sales Amount. If you believe an error has occurred, you must contact us within three (3) business days of the date of the transaction in question at +1 888-220-7259 or by email at email@example.com, and provide the following information on the transaction that you are seeking a refund for: your name, address and telephone number; Recipient’s name; Recipient’s mobile telephone number that the Mobile Recharge was sent to; Destination Jurisdiction; post-transaction receipt number; Transaction Amount; Total Sales Amount and a brief description of the error. All such refund requests will be subject to AirPocket's review and discretion and will normally be processed within thirty (30) days after you contact us. If we determine that the error was due to the Net Recharge Amount being credited to a mobile phone number other than the Recipient’s mobile phone number in the Destination Jurisdiction you entered at time of purchase, we will work with the applicable Carrier to promptly rectify the error by crediting such Recipient’s mobile phone number in such country for the Net Recharge Amount. Under no circumstances however shall AirPocket and/or the applicable Carrier have any liability whatsoever due to, or arising from, you incorrectly entering Recipient’s mobile phone number and/or Destination Jurisdiction at time of purchase. If we determine any other error occurred that was caused by AirPocket, we will refund the Total Sales Amount to you promptly. If we determine no error occurred, we will send you a written explanation.
If AirPocket determines that you are entitled to a refund, the applicable amount will be refunded to the bank account, debit card account or credit card account that you originally used to make payment for the corresponding purchase transaction, unless you notify AirPocket in writing in advance that such account is no longer active and provide an alternate account.
4.2 Cancellation by You:
No cancellations or returns are permitted under this Agreement as the Service provides for a direct electronic real time transfer of the necessary transaction information to the MR Providers’ systems so that the Net Recharge Amount may be promptly added by the applicable Carrier to your Recipient's prepaid mobile account or mobile telephone’s SIM card as a Mobile Recharge.
4.3 Cancellation by AirPocket:
AirPocket may delay or cancel a transaction at any time prior to your Recipient's receipt of the Mobile Recharge without prior notice. We may delay or cancel your transaction for reasons that include, but are not limited to: identity verification; validation of your transaction instructions and payment instruments; fraud and anti-money laundering compliance review; contacting and locating you or your Recipient; and to comply with applicable law. Business hours and systems availability of our service providers may also cause delays. Nevertheless, you may be entitled to a refund in certain circumstances, as described above in Section 4.1.
is an agent of Servicio UniTeller Inc. (“Uniteller”), a provider of global money transfer services (the “ Service”) licensed by the Financial Crimes Enforcement Network (“FinCEN”). All global money transfer/remittance activity effected via the Airpocket mobile application is effected by Uniteller, as a principal. The Service, as provided by Uniteller, allows users to send money to many different countries around the world. By use of this service you agree with and accept the terms of this User Agreement. If you do not agree with this User Agreement, do not use the Service.
A “Money Transfer” is defined as the transmission of funds to a designated Beneficiary, pursuant to payment terms entered directly by you. A “Sender” is someone who uses the Service to send money.
• A “Beneficiary” is someone who receives money from a Sender through the Service.
• The “Destination Country” is the country where the Beneficiary receives money through the Service. A “Transaction” is a specific instruction to send money through the Service.
• A “Paying Agent” is defined as an entity, appointed by Uniteller, to pay out Money Transfer transactions in the Destination Country identified in your payment instructions.
• “Service Fee” is defined as the fee charged by Uniteller in connection with the Money Transfer.
• The “Transaction Amount” is the calculated amount that the Sender would be obliged to pay to UniTeller if the Sender orders the Transaction (and is the amount that the Sender is then obliged to pay UniTeller).
• The “Payout Amount” is the amount paid out to the Beneficiary, excluding any taxes or charges that may be levied under the laws of the Destination Country (the “Local Taxes”).
5.3 Validation of Payment Source
When you make a Transaction using the Service, you authorize UniTeller to perform a validation of the source of the funds (i.e. bank account, credit card or debit card). This authorization allows UniTeller to add and/or to subtract two separate small amounts of money (usually less than $0.20) from that bank account, credit card or debit card to validate that this is the correct source for your funds and the account number is correct. You will then be required to submit to the UniTeller system the exact amounts of those two transfers in order to validate that source of funds.
For each Transaction that you submit, you agree to pay a service fee (the “Service Fee”) plus the Transaction Amount. Additional charges may apply. Payment in full is due at the time your Transaction is submitted for processing. UniTeller only accepts payment in U.S. Dollars. If you submit a Transaction that results in UniTeller being charged non-sufficient fund fees, chargeback fees, or any other fees, you agree to reimburse us for all such fees. You agree that UniTeller at its option may debit your bank account or credit card/debit card for less than the amount of the transfer (i.e., for a transfer of $500, UniTeller may debit $499.98 from such account), as part of our effort to confirm ownership of the account.
PAYMENT FOR TRANSACTIONS
In order for Uniteller to collect payment from you, you authorize Uniteller to access, charge, or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a “Payment Instrument”) including, for example, your credit card, debit card or bank account. If your payment fails or is insufficient, you authorize Uniteller to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, Uniteller may try to debit your bank account or charge your credit card at a later time(s). You represent and warrant that you are the lawful owner of your Payment Instrument(s) and can make these authorizations.
Neither Airpocket nor UniTeller is responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), some credit card issuers may treat the use of your credit card to use the Service as a “cash advance” rather than a purchase transaction, and may impose additional fees and interest rates for the transaction. Neither Airpocket nor UniTeller are responsible for any non-sufficient funds charges, chargeback fees, or any other charges that might be imposed on you by your bank, credit card issuer, or other provider
5.4 Foreign Currencies
In addition to any Service Fee applicable to the Transaction, a currency exchange rate is applied.
UniTeller maintains relations with banks and other third party service providers, a Paying Agent, to deliver funds to Beneficiaries. As a Sender, you hereby appoint your Beneficiary as your agent for the purpose of receiving funds remitted by you through the Service. UniTeller will strive to provide current information with regard to its Paying Agents. However, as Sender/User, you agree that neither Airpocket nor UniTeller will bear no responsibility for any inaccuracies post or otherwise.
Beneficiaries are required to present valid and acceptable identification documents to the Paying Agent prior to receiving funds. In addition, Beneficiaries are also required to provide a Transaction number and possibly related information and/or a similar verifier associated with that Transaction. User hereby grants UniTeller permission to store and rely on the data UniTeller may consider necessary in order to have the Beneficiary verify the Transaction and to provide complete, secure and efficient Service, as per this User Agreement.
The Service available through the Service is limited to Money Transfers for a maximum amount of $2,999.00 USD per User per calendar day following registration (subject to certain exceptions); with an exception for Users who are Oklahoma or Arizona residents who are limited to Money Transfers for a maximum amount of $999.99 USD per User per calendar day (subject to certain exceptions). The Company may establish all transactional restrictions applicable to Money Transfers in its sole discretion with varying thresholds for varying periods of time (e.g. a dollar limit for two weeks, a separate dollar limit for 4 weeks, 6 weeks, 2 months, 3 months, etc.) and may change such restrictions from time to time. We will provide you with any legally required notice, which we may post on our Service.
Both Airpocket and/or UniTeller maintain vigilance to ensure that the Service is not used for any improper or illegal purpose. By using the Service you agree to abide by the following additional terms:
• You will provide truthful and accurate information at all times when using the Service.
• You will only utilize the Service to send funds for yourself and not for other people, especially persons whom you do not know.
• You must be at least 18 years of age to utilize the Service.
• You will only use the Service for a legal money transfer and will not use the Service for any improper purpose, such as illegal on-line gambling, illegal purchase of controlled substances or prescription medication, purchase of firearms or explosives, fraud, money laundering or financial support of terrorists or terror-supporting organizations.
• You will not use the Service to send multiple Transactions under different names or profiles or to send Transactions to Beneficiaries in more than one country
• You will comply with (and not attempt to avoid) identification, recordkeeping and reporting requirements.
• You will not use the Service to obtain a cash advance from a credit card.
• The Service is not available to customers in all U.S. states or jurisdictions. Residents of the states of Maine, New Hampshire, Pennsylvania, North Dakota, South Dakota, West Virginia, Vermont and Wyoming may not use the Service.
• The Service may only be used to send funds to approved countries; not all countries are Destination Countries currently served.
• Airpocket and/or UniTeller reserve the right to decline or reject, at its sole discretion, any Transaction at any point before delivery of the underlying funds.
• Only individuals who have registered may use the Service. No entity may register to use the Service and no entity may be named as a Beneficiary (only individuals may be named as Beneficiaries).
• The “Date of Availability” of the remittance to the Beneficiary is understood to the extent permitted by the operating hours and banking system availability.
• At their sole discretion, Airpocket and/or UniTeller and may refuse to process Transactions for certain Senders and Recipients and to certain locations, including without limitation, those entities and individuals included on certain government "watch lists", including Specially Designated Nationals, non-cooperative or terror supporting countries and territories, and such other lists as may be issued from time to time by government agencies or watch list organizations.
5.7 Collection of Information
CUSTOMER IDENTIFICATION PROGRAMS
Airpocket and/or UniTeller may provide information about you and your Transactions to government authorities and enforcement agencies and in other legal proceedings as well as to other professionals and auditors.
You authorize Airpocket and UniTeller, directly or through third parties, to make any inquiries considered necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your e-mail address or Paying Instruments or source of funds (i.e. employment), or verifying your information against third party databases or through other sources.
5.8 Cancellations and Refunds (subject to disclosures and conditions as stated below for respective states)
You have a right to dispute errors in your transaction. If you think there is an error, contact UniTeller within 180 days at 1.800.456.3492 or www.uniteller.com. You can also contact us for a written explanation of your rights. You can cancel for a full refund within 30 minutes of payment, unless the funds have been picked up or deposited. For questions or complaints about Servicio UniTeller Inc. (“UniTeller”), refer to the name and contact information of the State Banking Department (toll free number and website/email data) referenced on your receipt or contact Consumer Financial Protection Bureau: 855-411-2372 / 855-729-2372 (TTY/TDD) www.consumerfinance.gov.
If you instruct us to pay a Transaction to a designated Beneficiary and later request that we stop the payment of such Transaction within the time frames set from time to time by us (but in no event will the time limit we set be less than thirty (30) minutes from the time on the receipt of the Transaction), we will need to check first with the Paying Agent to determine if the Transaction has been paid to the Beneficiary. If we can confirm that payment has not been made, the Transaction will be cancelled and we will refund or credit back to you (at your bank account or credit/prepaid card that was the source of the funds) the amount of the Transaction, including the Service Charge. Your refund or credit will be in USD. All refunds or credits shall be available promptly.
The States of California, Texas, Colorado, Illinois, New York, Minnesota and others have specific disclosures and related terms which are all displayed if you click here.
RIGHT TO REFUND
Refunds of principal amount and the Service Charge and cancellation of the money transfer will be made upon written request (which may be in electronic form) of the sender received within the time frames set from time to time by us (but in no event will the time frame we set be less than thirty (30) minutes from the time on the receipt of the Transaction), if payment to the beneficiary has not yet been made at the time the request is processed. Neither Airpocket nor UniTeller will have liability for return of funds or any claims under any circumstances if the account number is not correct for remittances sent to bank accounts.
RIGHT TO REFUND (The following provision applies only to transactions from California): You have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days at 1.800.456.3492 or www.uniteller.com. You can also contact us for a written explanation of your rights. You can cancel for a full refund within 30 minutes of payment, unless the funds have been picked up or deposited. For questions or complaints about Servicio UniTeller Inc. (“UniTeller”), contact: Money Transmitter Division of California Dept. of Business Oversight : 866-275-2677http://www.dbo.ca.gov/Licensees/money_transmitters/default.asp Consumer Financial Protection Bureau: 855-411-2372 / 844-729-2372 (TTY/TDD)www.consumerfinance.gov RIGHT TO REFUND: You the customer are entitled to a refund of the money to be transmitted as the result of this agreement if Servicio UniTeller Inc. (“UniTeller”) does not forward the money received from you within ten (10) days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of receipt of funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to our selling agent whose name and address is described on your customer receipt or to UniTeller at 218 Route 17 North-Suite 402, Rochelle Park, NJ 07662. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.
5.9 Consumer Complaints
Please let us know if you have any problems with the Service. You can contact us using the contact information at the email address, toll free number or mailing address listed on your receipt. Residents of various jurisdictions should also look at the receipt for federal and state agencies (with email addresses, toll free numbers, mailing addresses, etc. for such government agencies) that may be contacted to report such a customer complaint.
5.10 Frauds and Scams
We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money to strangers.
HELP PREVENT CONSUMER FRAUD! Are you sending money to claim lottery or prize winnings, or on a promise of receiving money? (2) Are you sending money because you were guaranteed a credit card or loan? (3) Are you responding to an Internet or phone offer that you are not sure is honest? (4) Are you sending money to someone you do not know or whose identity you can’t verify? (5) Are you sending money to someone (particularly if outside the country) who claims to be a relative needing cash for an emergency? If so, do NOT send the money or, if you have, ask our customer service agents to request to stop your transfer immediately, or call UniTeller at 1-800-456-3492. If your money has not been picked up yet (or otherwise taken), we will process the return for you. Once your Transaction has been picked up, which can happen in a short time, you cannot receive a refund, even if someone stole this money through fraud.
5.11 Other Terms
RIGHT TO REFUSE OR LIMIT TRANSACTIONS
At its sole discretion, Airpocket and/or UniTeller may refuse any Transaction or limit the amount to be transferred, whether on a transactional or aggregate basis. At Airpocket and/or UniTeller discretion, such limits may be imposed on individuals, linked accounts, related accounts or households (for any of the foregoing, whether based on real or perceived issues). Airpocket and/or UniTeller reserves the right to change or discontinue the Service (or any part thereof) to any person with or without prior notice with or without reason.
DUE DILIGENCE AND VERIFICATION
UniTeller has a regulatory obligation to verify customer information, and to monitor and track certain types of Transaction activity. Customer information that UniTeller may select to verify may include customer identity, instructions, beneficiary identification, means of payment for a Transaction and any other information deemed possibly relevant to a review of the Transaction(s). These processes may cause certain Transactions to be delayed or rejected.
The Service may not be used for commercial purposes and we neither extend any guaranty nor assume any responsibility for quality, safety, legality, or delivery of products or services that you may use that involve third parties through the Service. You agree that any commercial use of the Service is in violation of this User Agreement and is undertaken at your own risk. If Airpocket and/or UniTeller discovers you are using the Service for such impermissible purposes, Airpocket and/or UniTeller reserves the right to reject your Transaction(s) and terminate your right to use the Service at any time without notice or liability.
LIMITATIONS ON PAYMENT INSTRUMENTS
Only specific Payment Instruments are eligible for use with the Service. Airpocket and/or UniTeller reserves the right, at any time to refuse or reject payment by certain types of Payment Instruments. Transactions must be settled with a Payment Instrument issued by a U.S. financial institution.
TRANSACTIONS ON BEHALF OF THIRD PARTIES
No Transactions on behalf of third parties are permitted.
NO POST-SUBMISSION CHANGES
No changes will be permitted to your Transaction after its submission for processing. It is the Sender’s responsibility to ensure accuracy in the Transaction details before submitting the Transaction.
You must promptly update us with any change in your e-mail address and/or telephone number by updating your profile. If Airpocket and/or UniTeller do not have correct contact information, Airpocket and/or UniTeller may not be able to notify you with important information or changes in your status.
The failure of Airpocket and/or UniTeller to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of this User Agreement as reflected in the provision, and the other provisions of this User Agreement shall remain in full force and effect.
We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of this User Agreement at any time by reviewing this Website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
In the event there is any inconsistency between the English and Spanish or other language text on this Website, including the Use Agreement, the English text shall be binding.
5.13 Electronic Communications
You acknowledge that this User Agreement shall be entered into electronically. Unless otherwise required by applicable law, the following categories of information (“Communications”) will only be provided by electronic means and not in paper format or through other non-electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Airpocket and UniTeller. Electronic means may also include SMS, or texting. Message and data rates may apply when you receive SMS messages on your mobile phone.
You may withdraw your consent to receive all Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, (ii) an e-mail account and the capability to read e-mail from Airpocket and UniTeller, and (iii) a device and Internet connection capable of supporting the foregoing.
5.14 Dispute Resolution and Governing Law
Disputes involving Uniteller and any related global remittance services effected by Uniteller shall be governed according to the laws of the State of Texas, and all activities performed in connection with the Service shall be deemed to have been performed in Texas. Any controversy, dispute, or claim arising out of or relating to the Service or this User Agreement (a “Claim”) shall be governed by and construed in accordance with the laws of Texas, except that body of law governing conflicts of law.
DISPUTES WITH UNITELLER
If a dispute arises between you and UniTeller, disputes between you and UniTeller regarding the Service may be reported to Customer Service (See “Contact Information,” below) and/or the government agencies listed on your receipt.
For any claim by a User, the User requesting relief shall be required to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. The User will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.
IMPROPERLY FILED LITIGATION
All claims you bring against UniTeller must be resolved in accordance with the above paragraph entitled “Arbitration”. All claims filed or brought contrary to the above paragraph entitled “Arbitration” shall be considered improperly filed, and a breach of this User Agreement. Should you file a claim contrary to the above paragraph entitled “Arbitration,” UniTeller may recover attorneys’ fees and costs (including in-house attorneys) from you, provided that UniTeller has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
5.15 Indemnity and Limitation of Liability
You agree to indemnify and hold UniTeller, its affiliates, employees, directors, officers, its suppliers, vendors, Service Providers, and their respective subsidiaries, officers, agents, partners, employees, and consultants 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 Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of a third party.
EXCEPT FOR CLAIMS UNDER SECTION 1810.5(C) OF THE CALIFORNIA FINANCIAL CODE ARISING FROM TRANSACTIONS ORIGINATING IN CALIFORNIA OR CLAIMS UNDER OTHER APPLICABLE STATE OR FEDERAL LAWS RESTRICTING LIMITS ON LIABILITIES UNDER THESE CIRCUMSTANCES, IN NO EVENT SHALL UNITELLER, ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, REPRESENTATIVES, CORRESPONDENTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNITELLER HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY CAUSE, INCLUDING, AMONG OTHERS, NEGLIGENCE OR RECKLESSNESS ON THE PART OF UNITELLER, ITS AGENTS OR DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES.
THE SERVICE MADE AVAILABLE THROUGH IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY UNLESS SPECIFICALLY SO STATED IN WRITING. AIRPOCKET, UNITELLER, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS AND AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATED TO ANY USE OR SERVICE PROVIDED OR SOLD THROUGH THIS WEBSITE.
Airpocket and/or UniTeller will use its best efforts to ensure the timely processing of Transactions but makes no claims or warranties regarding the time needed to process a Transaction to completion except as specifically stated on the receipt as to date of availability, as to a great degree, the Service depends on factors outside our control. In certain jurisdictions disclaimers of implied warranties are not permitted, therefore, the foregoing disclaimer may not apply to you.
Airpocket and/or UniTeller assume no responsibility and shall not be liable for any damages or losses of any kind caused by the use of this Website or Service made available through it. This disclaimer includes damages caused by computer viruses, worms, bots or any other computer software problems that may infect or damage your computer software, hardware, memory or any other property of yours as a result of your accessing this Website or using the Service.
You acknowledge and agree that the Service and the Applications including but not limited to the content of our Applications, text, graphics, links, buttons, logos, and images, as well as all other AirPocket patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names are owned exclusively by AirPocket and/or its affiliates (the "AirPocket Intellectual Property"), and all right, title and interest therein is, and shall remain, the property of AirPocket and its affiliates. Further, you acknowledge and agree that the technology and software underlying the Service (the "Software") and made available for use via our Applications, or distributed or made available for downloading in connection therewith, are the exclusive property of AirPocket, its affiliates and service providers, respectively. The name AirPocket and other names and indicia of ownership of the Service are the exclusive marks of AirPocket and/or its affiliates in the United States and/or other countries. Other product, service and company names appearing on the Applications may be trademarks of their owners. You agree not to display, use, copy, or modify the AirPocket Intellectual Property or Software in any manner except solely as provided for in Section 5.2.
6.2 Right to Use; Restrictions:
The Service and Applications may be used by you only for the purpose permitted herein. You acknowledge and agree that you may not assign any rights under this Agreement. You may view and retain a copy of the pages of the Applications only for your own personal, non-commercial use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Applications, the Service or any portion thereof for any public or commercial use. You shall not (i) use any robot, spider, scraper or other automated device to access or use the Applications or Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on the Applications (or printed pages thereof); or (iii) infringe AirPocket's or its affiliates or any third-party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy. Subject to the terms and conditions of this Agreement, AirPocket hereby grants you a non-transferable, non-sublicensable, and non-exclusive right and license to use the object code of the Software on your device(s) solely in connection with the Service, provided that you agree not to copy (except as expressly provided herein), modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by AirPocket. You acknowledge and agree that downloading or using the Software is at your sole risk.
This Agreement is effective as of the date on which this Agreement is entered into by your accessing the Service and completing the registration process described herein and will remain in effect unless terminated by AirPocket.
You agree that this Agreement may only be modified or amended by AirPocket. We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of this Agreement at any time on our Applications. If you use the Service after the effective date of an amendment or modification to this Agreement, you shall be deemed to have accepted that amendment or modification.
AirPocket may terminate this Agreement with immediate effect at any time, with or without cause, by deactivating your use of the Service. If you object to this Agreement or any subsequent modifications to it, or become dissatisfied with the Service in any way you may at any time discontinue your use of the Service and the Applications; and you agree that this is your sole and exclusive remedy.
7.4 Effects of Termination:
Upon termination of this Agreement, (i) you acknowledge and agree that all licenses and rights to use the Service and Applications shall immediately terminate, (ii) you will cease any and all use of the Service and Applications and, if applicable, you will remove the AirPocket Application from all your mobile devices or storage mediums and destroy any copies of the AirPocket Application in your possession or under your control.
You agree to indemnify, defend and hold AirPocket and its licensors, suppliers, vendors, service providers including, without limitation, the MR Providers, and their respective subsidiaries, officers, agents, partners, employees, and consultants harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of any third-party claim or demand due to your or your Recipient’s: use or misuse of the Service and/or Applications, violation or breach of any term of this Agreement, or violation of any rights of a third-party.
8.2 Disclaimer of Warranties:
THE SERVICE IS PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS, WITH NO WARRANTIES AND AIRPOCKET DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SERVICE EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. AIRPOCKET FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE AND/OR APPLICATIONS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR/BUG-FREE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE AND APPLICATIONS REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Notwithstanding the foregoing, we make reasonable efforts to ensure that Mobile Recharge transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because as a distributor of the Service for Carriers we are dependent on factors outside our control.
8.3 Limitation of Liability:
AIRPOCKET IS NOT LIABLE FOR THE PROVISION OF THE MOBILE SERVICES TO WHICH A MOBILE RECHARGE APPLIES NOR ANY THIRD PARTY'S FAILURE TO PROVIDE SUCH SERVICES. ALL MOBILE RECHARGES ARE SOLD WITHOUT RECOURSE AGAINST AIRPOCKET FOR PERFORMANCE OF CARRIER'S OBLIGATIONS FOR PROVISION OF MOBILE SERVICES.
EXCEPT AS OTHERWISE MAY BE REQUIRED UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY OF AIRPOCKET, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS INCLUDING, WITHOUT LIMITATION, THE MR PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS FOR ANY LOSS, WHETHER ARRISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, OUT OF ANY MOBILE RECHARGE PURCHASE FROM AIRPOCKET IS THE TOTAL SALES AMOUNT PAID BY YOU FOR THE MOBILE RECHARGE OUT OF WHICH THE DISPUTE ARRISES. AIRPOCKET AND EACH OF THE AFORESAID ENTITIES OR PERSONS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR THEORY OF LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY), FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIRPOCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARRISING OUT OF (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR APPLICATIONS, OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF ELECTRONIC COMMUNICATIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE ELECTRONIC COMMUNICATIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE OR APPLICATIONS.
IN THE EVENT THAT THE ABOVE LIMITATIONS ARE GREATER THAN THE LIMITATIONS ALLOWED UNDER APPLICABLE LAW, AIRPOCKET’S (AND EACH OF THE AFORESAID ENTITIES’ OR PERSONS’) LIABILITY SHALL BE LIMITED TO THE MAXIMUM PERMITTED BY APPLICABLE LAW.
9.1 Applicable Law:
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflict of laws provisions thereof. All activities performed in connection with the Service and/or via the Applications shall be deemed to have been performed in Massachusetts.
9.2 Dispute Resolution:
Our goal is to resolve disputes equitably and efficiently. Accordingly, if you have a problem, believe a transactions was processed in error or otherwise are dissatisfied with the Service, please contact AirPocket Customer Service by calling +1 888-220-7259 or emailing firstname.lastname@example.org so that we may work together in good faith to resolve your issue. If we are not able to resolve an issue through working together, for any claim or dispute (excluding claims for injunctive or other equitable relief), unless otherwise specified by applicable law including any laws governing cases filed as class actions, any claim or dispute arising out of or relating to the Service, a Mobile Recharge transaction, this Agreement or breach of this Agreement, including statutory consumer claims, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any such arbitration shall be initiated and held in the office of the American Arbitration Association in Boston, Massachusetts. Each party shall bear its own costs and fees for experts and attorneys, and no party shall have a right to participate as a member of any class of claimants. This exclusive arbitration remedy shall not be available unless initiated within one year after the controversy or claim arose. If any part of this paragraph is deemed invalid, it shall not invalidate the other parts.
Your indemnification obligations under Section 3.1 (Fees), Sections 3.6 (Payment), 4.1 (Errors) – for a period of sufficient duration for execution or expiration of the terms therein, 4.2 (Cancellation by You), 4.3 (Cancellation by AirPocket), 5.1 (Ownership), 5.2 (Right to Use; Restrictions) – with respect to the Restrictions therein, 6.3 (Effects of Termination), 7.1 (Indemnification), 7.2 (Disclaimer of Warranties), 7.3 (Limitation of Liability), 8.1 (Applicable Law), 8.2 (Dispute Resolution) and this Section 9 (General Provisions) in its entirety, shall survive termination of this Agreement.
10.2 Entire Agreement; No Waiver:
The terms and conditions of this Agreement constitute the entire agreement between you and AirPocket with respect to your use of the Service and the Applications and will supersede and replace all prior understandings and agreements, in whatever form, between you and AirPocket. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of AirPocket at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same.
In the event of any conflict between (i) the English version of this Agreement with you and any non-English version; or (ii) the English and any other language text on our Applications, the English versions shall control and be binding.
10.4 Export Controls:
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws.
AirPocket is committed to protecting the security of your electronic communications and data. We use a variety of administrative, physical and technical safeguards and procedures to help protect your electronic communications and data from unauthorized access, use or disclosure. Despite these measures, AirPocket cannot fully eliminate security risks associated with your electronic communications and data. You acknowledge and agree 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 unauthorized persons or delivered incorrectly.
10.6 No Agency:
You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not assign this Agreement or subcontract or assign any of your rights or obligations under this Agreement.
10.7 Notices and Contact:
AirPocket may provide you with any notice regarding this Agreement; or the Service including, without limitation, termination of the Service or changes in pricing, fees, or geographical coverage, by email to you at the address in your Registration Form or by postings on its Applications.
10.8 Privacy Notice:
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND YOUR RIGHTS AND OBLIGATIONS, AND THE TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON, YOU EXPRESSLY CONSENT TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS AND GRANT TO AIRPOCKET THE RIGHTS SET FORTH HEREIN.
© 2017 AirPocket LLC. All Rights Reserved.