This Web site (www.topupflow.com), or any replacement site (the "Site"), is operated by CWI Caribbean Limited and its affiliates (collectively "FLOW," "we," or "us") to provide you with information about us, our products, our company, and its history and future plans, as well as to provide you with certain services or capabilities, which shall include enabling a Customer to purchase airtime for a GSM prepaid mobile phone (the “Service”). Your access to and use of the Site is governed by and subject to these terms and conditions of use (these "Terms"). Please read these Terms carefully and thoroughly. By accessing and using the Site, you agree that you have read and understand these Terms and that you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Site.
We may update these Terms from time to time and may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms, as so amended. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time without prior notice to you.
In these Terms, "you" refers to an individual accessing the Site, regardless of the particular features, materials, opportunities, or services made available on the Site that you choose to browse, use, or take advantage of. To the extent applicable, "you" also includes the corporation or other legal entity (your "Company"), if any, on whose behalf you are accessing the Site. You represent and agree that all information that you provide to FLOW in connection with your access to and use of the Site is, and shall be, true, accurate, and complete to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site.
Before continuing to access and use this Site, you must obtain all required consents and approvals from your Company and from any customers, clients, and other third parties who may be affected by, or may need to consent to your access and use of the Site and any of the features, materials, opportunities, and services provided through the Site, whether such consents and approvals are required by law or otherwise. If you are under 18, please use our Site only with the consent and involvement of a parent or guardian. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to the Site by anyone under thirteen (13) is unauthorized, unlicensed and in violation of these Terms. By using the Services or the Site, you represent and warrant that you are thirteen (13) years of age or older.
If you are a customer of FLOW, nothing in these Terms will supersede any other agreement with respect to your relationship with FLOW.
FLOW takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions, or that transactions conducted on or through the Site, are or will be totally secure. You are responsible for maintaining the confidentiality of your account and account number and any other user identifier or other unique name or number identifying you (all of the foregoing, collectively, your "User ID") and any password used in connection with your use of the Site, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify FLOW of any unauthorized use of your User ID or password, or of any breach of Site security or of these Terms, of which you become aware. FLOW cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
FLOW respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. You understand and agree that FLOW owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content"). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and registered service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of FLOW or its licensors and content-providers.
FLOW grants you a limited license to access and make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that FLOW is not thereby engaged in rendering professional advice or services to you. Nothing in the Content should be used in or construed as an offer to sell or solicitation of an offer to buy securities or other financial instruments or any advice or recommendation with respect to any securities or financial instruments. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of FLOW. Use of the Content, or any portion thereof, on any other Web site or other networked computer environment is prohibited without the express, prior written permission of FLOW. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within any of the Content. Except as expressly authorized by FLOW in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content.
In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Site you will not:
The above assurances and commitments by you shall survive termination of these Terms.
Your right to use the Site is personal and non-transferable. You accept that your entitlement to use the Service is for your personal use only and that you shall not be entitled to transfer your entitlement to use the Service to any other person or allow any other person to make use of the Service or of the User ID or Password or other entitlement supplied to you in connection with the Service.
In order to use the Service, FLOW will set up an account for You. You will be required to choose a User ID and Password to access the Account. You shall be fully responsible for safeguarding and maintaining the confidentiality of Your selected User ID and Password, and shall be fully responsible and accountable for any unlawful use of the Service by means of Your User ID or Password by any person. You are also responsible and liable for all activities conducted through Your User ID, Password and Account, even if this occurs without Your permission.
You agree to immediately notify FLOW in writing of any unauthorized and/or fraudulent use of Your User ID, Password and/or account. You agree to indemnify FLOW against any and all third party claims and all related liabilities arising out of, or relating to, the use of Your User ID, Password and/or account. FLOW will not be liable for any damages resulting from the unauthorized and/or fraudulent use of Your User ID and/or Password and the unauthorized use of Your account.
FLOW reserves the right to change Your User ID or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of the Service.
In order to purchase airtime via the Service You shall pay FLOW the rates for airtime (“the rates”) as stated on the Website. FLOW reserves the right to change the rates at any time by giving notice of such change on the Website. If you do not wish to accept such adjustment in the rates, You are entitled to terminate the Account(s) which the adjustment affects. You may terminate the affected Accounts by written notice, with effect from the date on which the adjustment in the rates would become effective. You agree that by continuing to use the Service following the adjustments of the rates, You accept such adjustments.
For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of FLOW. FLOW does not endorse or sponsor such Web sites and is not responsible for the availability, accuracy, content, or any other aspect of such Web sites. FLOW disclaims all liability for such Web sites, for all access to and use thereof, and for use of the links to such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other Web sites, and the decision to provide services to a company or to contribute to, or purchase products or services on or through such other Web sites, is subject to the terms and conditions of such other Web sites. You agree that you will bring no suit or claim against FLOW arising from or based upon any such use of other Web sites. Hyperlinks to other Web sites that are provided on the Site do not imply that: (a) FLOW is affiliated or associated with any linked sites; (b) FLOW is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of FLOW.
FLOW grants you a limited, revocable, nontransferable, nonexclusive license to include a hyperlink on your own Web site to the home page of the Site, provided that you do not: (a) "deep link" to any other page of the Site; (b) "frame" the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to FLOW or any entity that is part of or associated with FLOW; or (d) otherwise imply or state that any type of relationship or special arrangements exist with FLOW, or with any entity that is part of or associated with FLOW, that have not been approved in writing by FLOW. You agree that you will promptly remove any hyperlink to the Site upon written request from FLOW to do so, at any time and for any reason. In no event will you use FLOW's logo or any other trademark as a hyperlink "button," or in any other manner, without FLOW's express written consent.
Although FLOW strives to make the Site, the Content, and the features, materials, opportunities, and services provided through the Site reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Site, the Content, and all materials, products, and services available through the Site and FLOW are at your own initiative and risk. FLOW does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site, or obtain any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and FLOW are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose that you, or your Company, may desire to use them; and (b) free of viruses and other disabling devices and destructive routines. THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND FLOW ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. FLOW DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FLOW DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH FLOW ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH FLOW ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
IN NO EVENT SHALL FLOW, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH FLOW; (B) FLOW'S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL FLOW, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH FLOW, THE USE, COPYING OR DISPLAY OF THE SITE OR THE CONTENT, OR TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF FLOW WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF FLOW, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF FLOW, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, FLOW AND SUCH PARTIES' CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED BD$100.
All purchases made on the Site are final. FLOW is not responsible and shall not reimburse Customers for any erroneous recharge made by Customers to any accounts.
You agree to indemnify, defend, and hold FLOW, and the officers, directors, employees, and agents of FLOW, harmless from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), made by any third party due to or arising out of content, data, or information that you submit, post to, or transmit through the Site, your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and FLOW, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
Please contact us with any questions regarding the Site or these Terms via mail at CWI Caribbean Limited, Windsor Lodge, Government Hill, St. Michael, Barbados.