Terms of Use

THE FOLLOWING DESCRIBES THE TERMS ON WHICH VoPUP OFFERS YOU ACCESS TO OUR SERVICES.

This User Agreement ("Agreement") is a contract between you and the VoPUP website (hereinafter referred to as “VoPUP” or "Vopup" or “we” and “us” and “our”) and applies to your use of the VoPUP service and any related products and services available through www.VoPUP.com (collectively, the "Service").

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy before you are entitled to use the Service. Your use of the Service means that you have read and agreed with the terms and conditions in this Agreement, the Privacy Policy and the terms and conditions of those other pages and websites referred to herein. We may amend this Agreement at any time by posting the amended terms on our site.

1.    ELEGIBILITY

1.1 In order to use the Service, you must register for an account (the “Account”).

1.2 Users may only hold one Account.

1.3 The Services are only available to individuals or businesses that can form legally binding contracts under applicable law.

1.4 The Service is not available to minors (under 18 years of age),

1.5 The Service is not available to persons who are suspended from the Service

1.6 The Legal Relationship is between You and VoPUP.

2.    DESCRIPTION OF THE SERVICE

2.1 VoPUP digital vouchers

2.1.1 Registered Users of the Service are issued with their own secure access to all the features of VoPUP after opening an online account via the www.VoPUP.com website.

2.1.2 As part of the registration process, Users are authenticated based on their identity details provided when opening an account.

2.1.3 Verified account holders may purchase vouchers in the following denominations: 1, 2, 5, 10, 20, 50, 100, 200 and 500

2.1.4 At present verified account holders may purchase vouchers in the following currencies: AUD, CAD, CNY, CHF, DKK, EUR, GBP, HKD, INR, JPY, NGN, NOK, NZD, SEK, USD and ZAR.

2.1.5 VoPUP vouchers are redeemable at all participating member sites and stores.

3.    USER LOGIN

3.1 User bears personal responsibility for his/her user name (e-mail address) and password security. The password should not be disclosed or passed to a third party.

3.2 Any person or entity, who identifies itself/ himself/ herself on the VoPUP web-page by entering the correct e-mail address and password, is a legal account holder (the registered User) for VoPUP, as well as all made purchases and operations, for which the e-mail address and password were entered correctly, will be admitted as valid and lawful.

4.    IDENTITY AUTHENTICATION

4.1 We use many techniques to identify our users when they register on our site for the Service. Verification of Users is only an indication of increased likelihood that a User's identity is correct.

4.2 You authorise VoPUP, directly or through third parties, to make any enquiries we consider necessary or appropriate to validate your registration. However, because user verification on the Internet is difficult, VoPUP cannot and does not guarantee any user's identity.

5.    PAYMENT AND PRICING

5.1 All prices quoted are quoted Inclusive of Value Added Tax.

5.2 There are no delivery costs.

5.3 All monetary transactions are in either of AUD, CAD, CNY, CHF, DKK, EUR, GBP, HKD, INR, JPY, NGN, NOK, NZD, SEK, USD and ZAR.

5.4 When placing an order the User will be presented with the total amount due.

5.5 Payment is accepted via Visa, MasterCard, American Express credit cards.

5.6 Anyone submitting an order warrants that they are authorised to make such an order and payment and that sufficient funds are available to cover the charges.

5.7 All requests to negate charges (a "chargeback") are investigated by our admin and legal department. If you make a fraudulent claim of unauthorised card usage, we will report this to the appropriate credit card associations and we will ban you from using our services in the future. This report may result in cancellation of your card services, put negative information on your credit report, and create possible criminal charges that may be filed against you.

5.8 We report all IP Addresses (even if you are using IP mask) for all transactions, investigate and prosecute all credit card frauds to the fullest extent of International law.

6.    DELIVERY OF PRODUCT / SERVICE

6.1 After placing an order, the User will receive a purchase confirmation e-mail from us, containing full details pertaining to the purchase.

6.2 The e-mail address contained within your Account is the address to which we send this confirmation.

7.    RETURNS / REFUND POLICY

7.1 Vouchers which have not previously been redeemed may be returned online for a full refund.

7.2 Please log into your Account and follow the online instructions to refund a voucher.

8.    FULL CONTACT DETAILS

8.1 The full name and legal status of the web site operators: Voucher Payment Services RC1086544

8.2 Street address: 4th Floor, 13 Militiary St., Onikan, Lagos, Nigeria

8.3 Postal address: PO Box 12696, Mill St., Cape Town, 8010, South Africa

8.4 Physical address for receipt of legal service: 4th Floor, 13 Militiary St., Onikan, Lagos, Nigeria

8.5 Main business: VoPUP is an online vendor of digital vouchers;

8.6 The web site address of the VoPUP web site is: www.vopup.com

8.7 The official e-mail address of the VoPUP web site is: info@vopup.com

8.8 The cost of purchasing VoPUP vouchers ranges between USD 2.00 to USD 1,500.00 (or equivalent in other currencies)

8.9 Disputes Resolution:

8.9.1 In the event a dispute arises between you and VoPUP, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.

8.9.2 Accordingly, you and VoPUP agree that any controversy or claim at law or equity that arises out of this Agreement or VoPUP's Services ("Claims") shall be resolved by arbitration.

8.9.3 The validity, interpretation and construction of this Agreement shall be governed by the laws of the Republic of Seychelles. The arbitration proceedings shall be conducted in English.

8.9.4 The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.

8.10 Users may lodge complaints concerning the VoPUP web site and the Services provided by VoPUP to Customer Support online at service@VoPUP.com at any time.

9.    CHANGES AND AMENDMENTS

VoPUP expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

9.1 change these terms and conditions;

9.2 change the content and/or services available from the VoPUP web site;

9.3 discontinue any aspect of the VoPUP web site or service(s) available from the VoPUP web site.

10.    PRIVACY

10.1 VoPUP shall take all reasonable steps to protect the personal information of Users

10.2 We do not sell or rent Your Information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of Users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices.

10.3 VoPUP may electronically collect, store and use the following personal information of Users:

10.3.1 name and surname;

10.3.2 contact numbers;

10.3.3 physical address;

10.3.4 e-mail address; and

10.3.5 IP address.

10.4 VoPUP collects, stores and uses the above mentioned information for the following purposes:

10.4.1 Communicate requested information to the User;

10.4.2 Provide the User with access to Services as provided by the web site.

11.    HYPERLINKS TO THIRD PARTY SITES

11.1 VoPUP may provide hyperlinks to web sites not controlled by VoPUP (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.

11.2 VoPUP does not control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

12.    SECURITY

12.1 VoPUP shall take all reasonable steps to secure the content of the VoPUP web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, VoPUP does not make any warranties or representations that content shall be 100% safe and secure.

12.2 VoPUP is under no legal duty to encrypt any content or communications from and to the VoPUP web site and is also under no legal duty to provide digital authentication of any page on the VoPUP web site.

12.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the VoPUP web site or the server and computer network that support the VoPUP web site.

12.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the VoPUP web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold VoPUP harmless against any and all liability, damages and losses VoPUP and its partners / affiliates may suffer as a result of such damaging code.

12.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Service and VoPUP reserves the right to claim damages any and all persons concerned with a security failure or breach.

13.    DISCLAIMER AND LIMITATION OF LIABILITY

13.1 VoPUP (including its owners, affiliates, employees, consultants, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

13.1.1 access to the VoPUP web site;

13.1.2 access to web sites linked to the VoPUP web site;

13.1.3 inability to access the VoPUP web site;

13.1.4 inability to access web sites linked to the VoPUP web site;

13.1.5 content available on the VoPUP web site;

13.1.6 services available from the VoPUP web site;

13.1.7 downloads and use of content from the VoPUP web site;

13.1.8 any other reason not directly related to VoPUP’s gross negligence.

13.2 The VoPUP web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with VoPUP, that the content and Services available from and through the VoPUP web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.

13.3 VoPUP does not make any warranties or representation that content and Services available from the VoPUP web site will in all cases be true, correct or free from any errors. VoPUP shall take all reasonable steps to ensure the quality and accuracy of content available from the VoPUP web site.

13.4 VoPUP does not make any warranties or representations that the VoPUP web site shall be available at all times. Users acknowledge that the VoPUP web site may be unavailable due to updates or other causes beyond the reasonable control of VoPUP, including, but not limited to virus infection, unauthorised access (hacking) and power failure.

14.    INTERCEPTION OF COMMUNICATIONS

14.1 The User agrees to VoPUP’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the VoPUP web site, its staff and employees.

15.    ENTIRE AGREEMENT AND SEVERABILITY

15.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between VoPUP and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by VoPUP from the User.

15.2 Any failure by VoPUP to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

15.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

16.    VALIDITY OF THIS AGREEMENT

16.1 You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation;

16.2 To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your Account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from VoPUP in electronic form;

16.3 Electronic Communications may be posted on the pages within the VoPUP website and/or delivered to your e-mail address. You should print a copy of any Communications and retain it for your records;

16.4 All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication;

16.5 VoPUP reserves the right but assumes no obligation to provide Communications in paper format;

16.6 Communication addressed by the User to VoPUP shall only be deemed to have been received if and when responded to;

16.7 Electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and VoPUP; and

16.8 The User agrees and warrants that data messages that are sent to VoPUP from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

17.    APPLICABLE AND GOVERNING LAW

17.1 This Account Agreement shall be governed by and construed in accordance with the local applicable laws. The parties hereby submit to the mutually agreeable jurisdiction or competent Arbitration Centres.

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