Mcoin

Terms & Conditions

This agreement is established between end-customers and M-Coin and applies to the use of M-Coin SMS-based payment service to purchase products and services regardless of how it is accessed by end-customers. It details M-Coin and end-customers respective legal rights and obligations concerning all aspects of their relationship.

In addition to the terms of this Agreement, end-customers agree to the terms of all policies, notices, procedures, specifications, guides and guidelines provided to them on M-Coin website or referenced in this Agreement, collectively called M-Coin Policies.

M-Coin reserves the right to modify any M-Coin policy or the features of the M-Coin Service at any time. Changes in M-Coin terms of use will only be effective when communicated to end-customers by web posting or otherwise.

1. Use of M-Coin Service
To use the M-Coin Service, end-customers must have an SMS-enabled mobile phone capable of and authorized by the applicable wireless carrier for using Premium SMS text services. Individual end-customers must be either at least 18 years old or been authorized by the parent or guardian to use the M-Coin Service. Business end-customers must be duly authorized to enter into this Agreement on behalf of the Business.

End-customers represent that they are the owner or authorized user of the Eligible Mobile Device and are responsible for any charges associated and/or have the bill payer's permission to use the M-Coin Service to obtain goods or services.
Charges for use of the M-Coin Service are made via end-user mobile phone bill or deducted from the end-user prepaid account via premium SMS message(s). There are limits on the amount of M-Coin charges you may accrue per transaction, on subscriptions and for specified time intervals as are imposed by M-Coin and wireless carriers that are applicable to your use of the M-Coin Service. Charges exceeding these limits may be rejected by M-Coin or wireless carriers in their sole discretion. Amounts payable will be reflected in one or more messages transmitted to the end-user phone. Charges confirmation via a text response will be deemed further evidence of end-user authorization to have the M-Coin charges reflected on the account with the wireless carrier.

M-Coin charges are separate and apart from any other charges that may be assessed by wireless carriers for messages sent to or received from M-Coin. Standard message charges apply. End user is responsible for any fees or other charges that wireless carrier may charge for any related data or message services, including without limitation for SMS, unless noted otherwise. Under no circumstances will M-Coin or its corporate affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device or telephone number.
A user understands, acknowledges and agrees that M-Coin may, at its sole discretion and without liability to any user, terminate the M-Coin Services at any time without advance notice. M-Coin may provide notice of terminations or changes in services on its Website.

2. Usage of Data
Use of end-customers' data will be governed by M-Coin Privacy Policy.

3. M-Coin Service
M-Coin service enables end-customers to use mobile numbers to purchase content, eligible goods and/or services from merchants on a one-shot or subscription basis. M-Coin provides clearinghouse, billing and settlement services on behalf of merchants and in connection with wireless carriers and their agents. Except for M-Coin's limited role in processing payments that end-customers authorize or initiate, M-Coin is not involved in any underlying transaction between end-customers or between end-customers and merchants. M-Coin is not a bank, finance company, money transferor or other regulated or unregulated entity in the business of banking or providing banking services. M-Coin may use the services of one or more processors and/or financial institutions to provide the M-Coin Services and process transactions.

4. Fraud
M-Coin Service may only be used for payment purposes with authorized merchants and not for any illegal, fraudulent purposes. M-Coin charges cannot be refunded back to the handset or deducted from the phone bill. End-customers whose mobile devices have been used without authorization, fraudulently or illegally need to contact fraud@M-Coin.com. Any information provided by end-customers in connection with a report of fraud or illegal conduct may be passed to a relevant local authority department at M-Coin discretion.

5. Service Related Issues
Dissatisfied end-customers or end-customers experiencing problems with the M-Coin Service, need to contact us at support@M-Coin.com. M-Coin is constantly working to improve its service level and will make all efforts to investigate issues promptly to end-customers satisfaction.

6. Your Responsibilities
End-customers unhappy with any content, goods or services purchased using the M-Coin Service, need to contact the merchant first. If unable to resolve the matter with the merchant, end-customers may contact support@M-Coin.com to file a complaint against the merchant.

7. Disclaimer
M-Coin has no control over the quality, fitness, safety, reliability, legality, or any other aspect of a) any good/service that end-customers may purchase or sell using the M-Coin service or b) any merchant's storefront or website that you may access as part of using the M-Coin services. M-Coin does not monitor merchants' actions or status. Thus, M-Coin is not required to issue refunds if a product or service does not meet the expectations of the end user nor if the merchant does not comply with its promises. M-Coin has no obligation and cannot guarantee that it will resolve any disputes related to any transaction to end-customers' satisfaction.

M-Coin service is provided "as is" and without warranty. End-customers acknowledge and agree that from time to time, the M-Coin service may be delayed, interrupted or disrupted for an indeterminate period of time due to circumstances beyond the reasonable control of M-Coin including without limitation any inaccuracy, interruption or delay in transmission by the telecommunications carrier used with the Eligible Mobile Device to access the wireless web, or any interruption, disruption or failure in the provision of the M-Coin Service, whether caused by strikes, power failures, equipment malfunctions or other reasons. M-Coin and its affiliates shall not be liable for any claim arising from or related to the M-Coin Service arising from any such delay, interruption, disruption or similar failure.

8. Stop Payments and Processing Errors
End-customers may stop their use of the M-Coin service, by texting the cancellation keyword (e.g., "STOP," "CANCEL," "END","QUIT," etc.) to the applicable M-Coin service shortcode (i.e., shortcode displayed when the use of the M-Coin Service was elected). If the M-Coin Service is cancelled in the middle of a billing cycle, end-user will not be charged for the following billing cycle, but will also not receive any refund for the current billing cycle. If there is an error in the processing of any transaction, end-customers authorize M-Coin to initiate debit or credit entries to their account with their wireless carrier to correct such error, provided that any such correction is made in accordance with applicable laws and regulations.

9. Taxes
End-customers are responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, income, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance of the M-Coin service, the end-customer use of the Website, the purchase of any products or services for a transaction, or otherwise in connection with any action, inaction, or omission by the end user or any of its affiliates, or any of its or their respective employees, agents, contractors, or representatives. End users are also are responsible for collecting, withholding, reporting, and remitting correct taxes to the tax authority. M-Coin and its affiliates are not obligated to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.

10. Acceptable Use
End-customers will at all times adhere to all applicable laws, rules, and regulations applicable to end-customers use of the M-Coin service including those set forth in the M-Coin Acceptable Use Policy. Without limiting the foregoing, end-customers may not act as a payment intermediary, aggregator or service bureau or otherwise resell the M-Coin Service on behalf of any third party, including without limitation the handling, processing, and transmission of funds for any third party. M-Coin may refuse to provide and have the right to disable the M-Coin Service to end-customers at any time for any reason or no reason whatsoever, including, without limitation, if M-Coin suspects fraud, illegal, unauthorized or improper conduct or if your use of the M-Coin Service results in excessive requests for refunds or charge-backs.

11. No warranty
M-Coin website and service are provided on an "as is" basis. To the fullest extent permitted by applicable law, M-Coin makes no representations or warranties of any kind, express or implied, regarding the website, the M-Coin service or any application or documentation, including without limitation: a) any implied warranties of the merchant, fitness for a particular purpose, title, or non-infringement; b) that the website, the M-Coin service, or any application or documentation will meet your requirements, always be available, accessible, uninterrupted, timely, secure, operate without error, or will contain any particular features or functionality; or c) any implied warranty arising from course of dealing or trade usage.

In no event will M-Coin or any affiliate or aggregator be liable for indirect, consequential or special damages, including lost profits, arising from your use of the M-Coin service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. By identifying a cell phone or other device as an Eligible Mobile Device for use with the M-Coin Service, M-Coin does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. End-customers are responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance and costs associated with such device with their telecommunications carrier.

Except as otherwise required by applicable law or regulation, M-Coin may terminate your use of the M-Coin Service and expand, reduce or suspend the type and or dollar amounts of transactions allowed using the service, change the enrollment process and transaction limits associated with it from time to time based on security issues and other factors at any time in its sole discretion without prior notice.

12. Limitation of Liability
To the extent permitted by applicable law, M-Coin and its affiliates (and both their respective employees, directors, agents and representatives) will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in connection with this agreement, the website, the M-Coin service (including the inability to use the M-Coin service), or any services or goods purchased or transactions entered into through the M-Coin service.

To the extent permitted by applicable law, in no event will the aggregate liability of M-Coin or its affiliates (and respective employees, directors, agents and representatives) arising out of or in connection with this agreement or the transactions contemplated hereby, whether in contract, tort (including negligence, product liability or other theory), warranty, or otherwise, exceed the amount of fees earned by M-Coin in connection with your use of the service during the three (3) month period immediately preceding the event giving rise to the claim for liability. In no event will M-Coin be liable for any failure or delay in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control. Our liability is limited to the greatest extent permitted by law.
14. General Provisions
14.1 Electronic Notices and Your Consent. M-Coin primarily communicates with end-customers via their registered electronic address, (e-mailing and SMS messaging). By using the M-Coin Service and thus accepting the terms of this Agreement, end-customers affirmatively consent to receive notices electronically from M-Coin. End-customers agree that M-Coin may provide communications and transactions related to the M-Coin Service, including without limitation agreements related to the M-Coin Service, amendments or changes to such agreements, disclosures, notices, transaction information, statements, policies (including without limitation notices about our Privacy Policy), responses to claims, and other customer communications that M-Coin may be required to provide to end-customers by law in electronic format.

All Communications by us will be sent via e-mail or SMS messaging associated with your mobile phone; via Website that M-Coin will provide access and designate in an e-mail; via SMS notice to end-customers; or via Website posting. All Communications will be deemed to be in "writing" and received by end-customers when sent to them. End-customers are responsible for creating and maintaining your own records of such Communications. You must send notices to us at the designated e-mail address(es) on the Website or through the submission forms on the Website. M-Coin reserves the right to discontinue or modify how it provides Communications, yet M-Coin will give end consumers prior notice of any change.

14.2 Governing Law; Venue. The Portuguese Law governs this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your visit to the Website, use of the M-Coin Services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds 3 000 shall be adjudicated in Portugal and end-customers consent to exclusive jurisdiction and venue in such Portuguese courts.

14.3 Assignment. End-customers may not assign or transfer any rights, obligations, or privileges under this Agreement without M-Coin prior written consent. Subject to the foregoing, this Agreement will be binding on each party's successors and permitted assigns. Any assignment or transfer in violation of this section will be deemed null and void.

14.4 No Waiver. M-Coin will not be considered to have waived any of right or remedy, or portion of them, unless the waiver is in writing and signed by M-Coin. Our failure to enforce the strict performance of any provision of this Agreement (including all M-Coin Policies) will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement (including all M-Coin Policies).

14.5 No Agency. Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you, us or our affiliates.

14.6 Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement remains in full force and effect.

14.7 Entire Agreement. This Agreement including without limitation M-Coin Policies and the general terms and conditions of the Website constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter of this Agreement. Except as expressly provided above, no modification or amendment of this Agreement will be binding on M-Coin unless set forth in a writing signed by us.

14.8 Our details M-Coin is a service and a domain of Total TIM - Serviços de Telecomunicações Móveis e Afins, Unipessoal, Lda, company no. 507 244 435 with registered office at Avenida Infante Santo 2H- 3rd Floor 1350-178 Lisbon, Portugal.