Please read these Terms of Use (together with FmPremium’s Privacy Policy which are incorporated herein by this reference, the “Terms of Use” (and also referred to as “Messaging Services Agreement”)) fully and carefully before using www.fmpremium.net or our other websites (collectively, the “Site”) and the APIs, services, features, content, applications, and other media offered from time to time by FmPremium (“FmPremium”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Site and the Services. If you are accepting these terms of behalf of a company, you represent and warrant that you have the authority to do so.
1. Acceptance of Terms of Use.
a. BINDING TERMS. BY REGISTERING FOR AND/OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS OF USE AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES REFERENCED HEREIN, EACH OF WHICH IS INCORPORATED HEREIN BY THIS REFERENCE AND EACH OF WHICH MAY BE UPDATED FROM TIME TO TIME AS SET FORTH BELOW, TO THE EXCLUSION OF ALL OTHER TERMS. You may not use the Services if you do not unconditionally accept these Terms of Use.
b. Scope. These Terms of Use apply to all users of the Site and other Services, including, without limitation, users who send or submit content, information, and other materials or services, registered or otherwise, through the Services.
c. ARBITRATION NOTICE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DEFINED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BEWTEEN YOU AND US SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Registration
To use the Services, you may elect to register for an Account. You can do this by filling out the appropriate information on the registration screen on the relevant Application. Upon registration, you will be given an Account. You may supply personal information when registering, including your email address or phone number and financial information. You may also choose a password. All data you provide to us as a customer will be treated under our Privacy Notice. You agree that the information supplied on registration will be truthful, accurate, and complete. It is your responsibility to inform us of any changes to that information. You are entirely responsible for all activities which occur when using your email address, phone number, and password (Login Details) concerning your Account, including unauthorized use of your Account or any payment method, including debit or credit card. You must not disclose your password, whether directly or indirectly, to any third party. It is your responsibility to safeguard your password. You must notify us immediately using the contact details at Section 26 below if you become aware of any unauthorized use of your Login Details. Login Details may only be used by a single user and are not transferable. Please note that your Login Details may be used on all Applications. These Terms will apply to the use of Services on any of the Applications. If you are under 16 years of age, you represent to FmPremium that you have obtained a parent/guardians consent and that your parent/guardian has reviewed and agreed to these Terms before using the Applications. Suppose you are an employee of a company or other entity or are acting on behalf of a company or entity. In that case, you must be authorized to accept these Terms on behalf of that employer, company, or entity.
3. Your Data
FmPremium will comply with all of its obligations under applicable data protection law concerning relevant data in its possession relating to you. As part of the Services, data collected will be treated following our Privacy Notice and Cookie Policy. These documents set out how we use and protect the information you provide to us. We recommend that you read the Privacy Notice and Cookie Policy carefully.
4. Use of Services and Cost
You agree to use the Applications and Services solely under these Terms and comply with applicable law and the provisions set out in these Terms.
You may not use the Applications or Services: (i) in violation of any law, statute, rule, or regulation; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral, or indecent activity; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services shall only be provided to you by FmPremium regarding the mobile phone operators and other service providers available on the Applications (which are subject to change and availability).
You will be required to input certain information (e.g., a received mobile phone number or email address) regarding the Services or the Applications. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-up and Vouchers, you will be required to select the amount of Top-up that you wish to be delivered or the value of the Voucher you wish to purchase.
The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Applications before you are asked to confirm your transaction, and proceeding with the trade at this point is entirely optional. In the case of Top-up and Vouchers, the cost will vary depending on the amount of Top-up that you wish to send or the value of the Voucher that you want to purchase according to the denominations displayed on the Applications. Suppose the Top-up you are buying is to be received in a different currency to the currency of your chosen payment method. In that case, the payment amount will be subject to the applicable FX rate on the payment date, and an airtime conversion fee will be applied. You may also be charged a secure online processing fee in respect of any Product you purchase through the Applications. If you choose to send an optional SMS to the recipient of Top-up, an additional message fee for this may apply.
FmPremium provides services upon successful payment by you. Occasionally, there may be a short delay before the relevant third party delivers the Product to the recipient. Where contact details have been provided, we will send you a confirmation email or SMS which contains details of the Services as soon as your transaction has been completed. In the case of Top-up or Vouchers, you agree and understand that FmPremium only acts on your authorization to send the Top-up or Voucher, and the relevant third party shall be solely liable to you and the recipient, where applicable, for the provision of the services related to the Top-up or Voucher. Once a Top-up or Voucher is sent, it can be used immediately, and therefore it cannot be refunded or removed. To avoid Products being provided to the wrong phone or email address, FmPremium asks you to confirm, where applicable, that the recipient details you have entered are correct.
You acknowledge that you will lose the right to cancel the Services once FmPremium has entirely performed them. Accordingly, you will have no right to request a refund under the European Union (Consumer Information, Cancellation, and Other Rights) Regulations 2013. Please note that the Applications limit the number and value of products purchased or received, including over a specific period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Applications and the purchase of Products may be applicable from time to time.
5. Your Instructions
You shall ensure that all instructions provided to FmPremium through the Applications are accurate, complete, and authentic. In particular, the mobile phone number or email associated with a permanent Nauta access account to which any Top-up is to be credited must be correctly identified. You shall ensure that any instructions relayed back for confirmation are correct, accurate, and trustworthy. All confirmed instructions are final and binding upon you. FmPremium and its service providers shall bear no liability or consequences related to you providing incorrect, inaccurate, or false information. You are solely responsible for any matters related to the failure to provide correct, accurate, and valid information or the failure to correct such inaccurate information before the final confirmation.
6. Transactions Using Your Chosen Payment Method
You may purchase Products through FmPremium Services using Visa, MasterCard, or any other payment methods available on the Applications from time to time. Any credit card, debit card, or another payment method used on the Applications must have a valid billing address and valid issuing bank or other payment services provider.
Upon receipt of a proper and complete request from you for Services, FmPremium will charge the payment method provided by you and will forward an electronic request to the relevant third-party provider (e.g., mobile operator or issuer of Voucher) to deliver the Products in the amount transferred, for the benefit of the recipient nominated by you.
You authorize FmPremium to act upon any instruction to charge the payment method provided by you through the Applications transmitted using your password and any other authentication/identity verification process that you may require to be used in connection with the Applications. FmPremium is not necessary to undertake any additional authentication or identity verification measures other than those required by applicable law or as FmPremium deems appropriate and sufficient to protect against fraud or money laundering and maintain the security and proper use of the Applications to comply with any internal policy. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.
FmPremium shall accept liability for the non-execution or defective execution of Services purchased through the Applications, subject to your adherence with these Terms, the proper use of the Applications as instructed by FmPremium, and the absence of any misrepresentation, fraud, or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services.
7. Your Obligations
The equipment and devices necessary to access the Applications shall be provided and maintained solely at your expense. If you access the Applications through a mobile device, you may be charged by your mobile service provider for internet access on your device. You can download the mobile applications from the app stores free of charge. You are solely responsible for ensuring that you download any subsequent updates to the mobile applications from the relevant app store.
FmPremium reserves the right to modify equipment and software requirements as necessary to continue or improve the provision of Services through the Applications.
You acknowledge that compliance with these Terms is designed to minimize the risk of unauthorized use of the Applications and harm to you, FmPremium, or others, and therefore you are required to adhere to these Terms strictly. To the fullest extent permitted by law, you will be liable for any liability, loss, costs, or damages to FmPremium or any third party due to your failure to adhere to these Terms.
8. Third Party Services
FmPremium will not check the accuracy or completeness of the information or the suitability or quality of the products and services offered by third parties. Any Vouchers purchased through the Services will have their terms and conditions, including applicable expiry dates and any other applicable restrictions and requirements. FmPremium advises you to familiarise yourself with any terms and conditions before purchasing any Vouchers through the Services. You must make your inquiries with the relevant third-party supplier directly before relying on the third party information or entering into a transaction concerning the third party products and services referred to on the Applications. Service providers are fully responsible for all aspects of their Products.
9. Variations of the Terms
FmPremium reserves the right to modify, amend or vary these Terms for commercial or legal purposes. Any such variation shall become effective and shall be binding upon you fourteen (14) days after notice of such variation has been sent to you by any of the following means, email or by posting a message on the Applications. You shall be entitled, upon receiving notice of any alteration to these Terms, to immediately cease using the Services and the Applications and close your Account by notifying FmPremium in writing but without prejudice to your liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen before the closure of your Account.
10. Security, Maintenance and Availability
You agree, acknowledge, and accept that electronic communications, the internet, telephone lines, or SMS-based telecommunications media may not be secure. Communications via such media may be intercepted by unauthorized persons or delivered incorrectly. Consequently, FmPremium cannot guarantee the privacy or confidentiality of communications via such media, although it will (and shall procure that its service providers will) put in place appropriate security measures to protect these methods of communications. From time to time, it may be necessary to or desirable for security reasons, maintenance (whether emergency or planned), upgrades, or other defenses to:
- make sure or all of the Applications or Services unavailable to you; and
- delay implementation of any new Services; and
- withdraw, replace or reissue your password; and
- change authentication procedures or processes for accessing the Applications or the Services,
While using reasonable endeavors to minimize any inconvenience caused. You acknowledge and agree that these events may occur and that FmPremium bears no liability when such events occur. Where FmPremium changes authentication procedures for accessing the Applications or the Services therein, notwithstanding any other terms of this Agreement, FmPremium may introduce these procedures by giving instructions to you via the Applications in respect of which such methods are being introduced.
Customer Care & Contact Information
If you have any questions about this Agreement or any complaints or require assistance with the Applications or the Services, we are always here to help. You can get in touch with us 24 hours a day, 365 days a year, using one of the options below.
Email us: [email protected]