Terms and Conditions

1. Overview of Contract Formation

These terms and conditions (“Agreement”) are an agreement between BB&M TopApp UG (haftungsbeschränkt) (“BB&M TopApp”, “we”, “us”, or “our”) and you (“User”, “you”, “your”). The provision of services, including Mobile Airtime Transfer and PIN Scanner together the (“Services”) to you through the website www.worldtopapp.com and associated World TopApp mobile applications (each the “Website”) is subject to your acceptance of this Agreement and the Privacy and Cookies Statement.

By registering with and using the Website, you agree to be bound by the terms and conditions applicable to the Services provided by us. If you do not wish to be bound by the Agreement, do not register with or use the Website. If you object to any subsequent modifications to them, or become dissatisfied with your membership of the Website in any way, you may: a) discontinue your use of the Website; and b) terminate this Agreement and your virtual account (“Account”) by notifying us in writing by email. No other remedy, legal or otherwise, is available to you save for a) and b) mentioned above.

2. Information About Us

www.worldtopapp.com and the associated mobile applications are operated by, and the Services are provided by BB&M TopApp. BB&M TopApp is incorporated as BB&M TopApp UG (haftungsbeschränkt in Germany with registration number HRB 231823 and has its registered office at Ittlingerstr. 66, 80933 Munich. Our VAT number is 143/119/20198.

3. Registration

An account is required to use the Services. A virtual account is created and linked to a device upon acceptance of this Agreement. If you are acting on behalf of a company or entity, you must be authorized to accept this agreement on behalf of that company or entity.

As time goes by, you may be required to fill out a registration form. 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. All personal information (“Data”) you provide to us as a member will be treated in accordance with the Privacy and Cookies Statement.

4. Email Address and Password

When registering on the Website you will supply your email address and choose a password. For the purposes of this Agreement, username means the email address you use while registering as a member on the Website. You are entirely responsible for all activities which occur under your email address and/or password, including unauthorized use of your or any other 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 15 below if you become aware of any unauthorized use of your email address and/or password.

If you forget or lose your password, you should request a new password by visiting the 'Forgot Password’ section of the Website. Each email address and password must be used by a single user and are not transferable. Please note that your username and password may be used on www.worldtopapp.com or the associated mobile applications.

5. Your Data

Data collected by us as part of the Services will be treated in accordance with the Privacy and Cookies Statement, which forms part of this Agreement. By registering on the Website and accepting the Privacy and Cookies Statement, you expressly agree to the processing, use, storage and disclosure of your Data by BB&M TopApp as set out in the Privacy and Cookies Statement. We recommend that you read the Privacy and Cookies Statement carefully.

Please note that the sending of Data via e-mail over the internet may not be secure and can be intercepted by third parties or incorrectly delivered.

We shall be entitled, but not obliged, to record all communications from, or instructions given by you to us, or messages sent by us to you through the Website.

6. Sending Mobile Airtime

The Mobile Airtime Transfer service shall only be provided to you by BB&M TopApp in respect of the mobile network operators available on the Website which are subject to change and availability.

You will be required to enter the mobile phone number to which mobile airtime is to be credited into the appropriate space on the Website. It is your responsibility to ensure that you have entered the correct mobile phone number. You will then be required to select the amount of airtime that you wish to credit that mobile phone number with.

The cost of sending mobile airtime will vary depending on the amount that you wish to send. You will also be charged a secure online processing fee on each transaction. Where an exchange rate has been applied, the actual amount that you are charged may vary as our payment processors FX rate may be slightly different at the time of settlement. The total cost, including the processing fee, that you will be required to pay will be displayed clearly on the Website before you are asked to confirm your transaction. Proceeding with the transaction at this point is entirely optional.

The mobile airtime is sent instantly by BB&M TopApp to the appropriate mobile phone number upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile network operator credits the airtime to the mobile phone number. We will send you a confirmation email which contains details of the transaction as soon as it has been successfully completed.

You agree and understand that BB&M TopApp only acts on your authorization to send mobile airtime, and that the relevant mobile operator shall be solely liable to you and the recipient for the provision of mobile services related to mobile airtime transfer. Once the mobile airtime is sent to a mobile phone number, it can be used immediately. It can therefore not be refunded or removed from the phone. If we have executed the transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the transaction. To stop this mistake from happening, BB&M TopApp asks you to confirm that the number you have entered is correct.

You acknowledge that you will lose the right to cancel the mobile airtime transfer once the service has been fully performed by BB&M TopApp. 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 Website limits the number of transactions that can be performed and the maximum value that can be sent over a specific time period. Other limits and exclusions related to the use of the Website may be applicable. You shall be notified through the Website or by email of these additional limitations should they exist or come into existence.

7. Your Instructions

You shall ensure that all instructions provided to BB&M TopApp through the Website are accurate, complete and true. In particular, the mobile phone number to which any Mobile Airtime is to be credited must be correctly identified. You shall ensure that the instructions which are relayed back for confirmation are correct, accurate and true. All confirmed instructions are final and binding upon you. BB&M TopApp and its service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such problematic information prior to final confirmation.

8. Transactions Using Your Payment Instrument

You may pay for your transactions using Visa, MasterCard, or PayPal. Any credit card, debit card or other payment method which may be used on the Website must have a valid billing address and valid card issuing bank. We debit your card as soon as we receive a proper and complete request from you for Mobile Airtime transfer.

Upon receipt of a proper and complete request from you for Mobile Airtime transfer, BB&M TopApp will debit the card provided and will forward an electronic request to the relevant mobile network operator to provide Mobile Airtime in the amount transferred for the benefit of the mobile phone number nominated by you.

You authorize BB&M TopApp to act upon any instruction to debit your card provided through the Website which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Website. BB&M TopApp is not required to undertake any additional authentication or identity verification measures other than those BB&M TopApp deems appropriate and sufficient to protect the security and maintain the proper use of the Website. All debits concluded post successful authentication or identity verification are the sole responsibility and liability of the user.

BB&M TopApp shall accept liability for the non-execution or defective execution of Mobile Airtime purchased through the Website, subject to your adherence with this Agreement, the proper use of the Website as instructed by BB&M TopApp, 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 Mobile Airtime. Any refunds will be credited to the same Payment Instrument used to fund the Transaction and in the same currency.

9. Promotions

From time to time, BB&M TopApp will run promotions on the Website. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Website.

10. Your Obligations

You agree that you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in the relevant jurisdiction.

The equipment and devices necessary to access the Website shall be provided and be maintained by you solely at your expense. If you access the Website 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. BB&M TopApp reserves the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the mobile applications. You are solely responsible for ensuring that you download any subsequent updates to the mobile applications from the relevant app store.

With regards to registration and use of the service, you will provide us with the true, accurate and complete evidence of your identity. In addition, you will provide us with the true and complete information which may be required in relation to the recipient.

You will only use the Service to send airtime to people that you know in person, and not for goods and services you do not trust. You acknowledge BB&M TopApp may refuse to process your request to do transaction where we believe that the service is being used for illegal and fraudulent activities.

You acknowledge that compliance with this Agreement is designed to minimize the risk of unauthorized use of the Website and therefore you are required to strictly adhere to the terms and conditions of this Agreement. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages, to BB&M TopApp or any third party as a result of your failure to adhere to this Agreement. In using this Service, you will comply with these terms and conditions as well as any applicable laws, rules or regulation. BB&M TopApp will report you to the appropriate legal authorities if you engage in illegal or unethical activities.

11. Collection of Information

German law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.

We will verify your residential address and personal details in order to confirm your identity. We may also need to verify the identity of a Recipient in the same manner. By accepting this Agreement, you authorize us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your payment instrument or email address; or indirectly, for example by verifying your information against third party databases or through other sources.

We may be required by law to provide information about you, your use of the Service and your Instructions to Government or other competent authorities. You acknowledge and consent to us doing this. BB&M TopApp may, as necessary in providing the Service, store all information required of a Recipient to prove their identity associated with a specific instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and /or a transaction tracking number, a personal identification number (PIN) a “password”, a “secret word” or other similar identifiers.

12. Termination of the Agreement

This Agreement applies to every Mobile Airtime you send through the Website. BB&M TopApp may terminate this Agreement and withdraw the use of the Website and/or the Services provided through it:

(i) upon reasonable prior written notice to you;
(ii) immediately upon breach by you of any of the terms and conditions of this Agreement or where there exist serious grounds for termination. As a courtesy when BB&M TopApp terminates this Agreement on these grounds, BB&M TopApp shall inform the user in writing within a reasonable time post-termination;
(iii) immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. BB&M TopApp reserves the right to commence debt collection actions within the bounds of the law under these conditions;
(iv) if it reasonably believes that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.

This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate or cancel the Agreement at any time without reason by giving BB&M TopApp written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination. If you exercise your right of termination, BB&M TopApp will endeavor to refund any Credit in your Account (less any promotional and/or bonus amounts) as soon as possible, and in any event within fourteen (14) days of the date of your written request to customercare@worldtopapp.com

BB&M TopApp reserves the right, acting reasonably, to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. BB&M TopApp is not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

13. Your Contribution

Where you send BB&M TopApp any feedback, suggestions, ideas or other materials in relation to or via the Website or the Services provided, you agree that BB&M TopApp can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction.

14. Variations of the Agreement

BB&M TopApp reserves the right to modify, amend or vary this Agreement 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: through the post, email or by posting a message on the Website. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement by notifying BB&M TopApp in writing but without prejudice to any rights or obligations which have arisen prior the termination date, including liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen prior to the termination date.

15. Notices

Save where expressly provided, any notice required to be given by you to BB&M TopApp in connection with this Agreement shall be given in writing and sent by email to customercare@worldtopapp.com or through the post addressed to Customer Care, BB&M TopApp UG (haftungsbeschränkt), Ittlingerstr. 66, 80933 Munich, Germany.

Save where expressly provided, any notice required to be given by BB&M TopApp to you in connection with the subject matter of this Agreement may be given by any of the following means: through the post or by email.

BB&M TopApp may from time to time contact you by email, phone, SMS or through any other appropriate information channel to keep you up to date about BB&M TopApp’s services including new products, campaigns and promotions. You can stop the delivery of future promotional emails or SMS from BB&M TopApp by following the specific instructions in the email or SMS you receive or other promotional contacts from BB&M TopApp by contacting our Customer Care team (details below) and we welcome all feedback, comments and complaints about the Website and Services. Please address these to Customer Care, BB&M TopApp UG (haftungsbeschränkt), Ittlingerstr. 66, 80933 Munich, Germany. or customercare@worldtopapp.com.

16. Links to other Websites

Access to and use of the Website is at your own risk and BB&M TopApp does not represent or warrant that the use of the Website or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.

Some pages on the Website may contain hypertext links to websites not created or maintained by BB&M TopApp. You are hereby adequately notified and forewarned that when entering other websites via such hypertext links, the terms and conditions, benefits, and privacy protections afforded by the Website will not be applicable and you must make yourself aware of and become compliant with the requirements of those individual independently maintained websites or web-pages. BB&M TopApp is not liable in any way for the content, availability or use of such linked websites and you agree that you may access such links entirely at your own risk.

17. Intellectual Property Rights

You may only download, use, view and display the Website (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Website are owned by BB&M TopApp or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Website in any form is prohibited without BB&M TopApp’s prior consent, other than that which you are authorised by BB&M TopApp to print or download for personal, non-commercial use.

18. Data Protection

BB&M TopApp will comply with all of its obligations under applicable data protection law with regard to relevant Data in its possession relating to you. As set out in Section 5 above, the Privacy and Cookies Statement published on the Website shall apply to the use of Data relating to you and shall form part of this Agreement.

19. Suspension of Services

In the event of disruption to, or a failure, unavailability, fault or malfunction of any product or system used in connection with the Website or the Services, or where there is a real or potential security risk, BB&M TopApp shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for such reasonable period as may be required to remedy, address or resolve the system issue. BB&M TopApp may also suspend the Website and/or Services as required for maintenance (whether emergency or planned) or upgrade work. You further agree and acknowledge that your access to the Website and/or Account and/or Services may be suspended where BB&M TopApp reasonably believes that it has been used unlawfully or fraudulently.

20. Force Majeure

BB&M TopApp shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, energy or other supplies, labor disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond BB&M TopApp’s control.

21. 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 and communications via such media may be intercepted by unauthorized persons or delivered incorrectly. As a consequence, BB&M TopApp 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 reasons to:

You acknowledge and agree that these events may occur and that BB&M TopApp bears no liability when such events occur. Where BB&M TopApp changes authentication procedures for accessing the Website or the Services therein, notwithstanding any other terms of this Agreement, BB&M TopApp may introduce these procedures by giving instructions to you via the Website in respect of which such procedures are being introduced.

22. 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 subcontract or assign any of your rights or obligations under this Agreement.

23. Limited Liability

BB&M TopApp bears no responsibility for the improper, immoral, unauthorized, fraudulent or illegal use of the Website. Save as set out at Section 8 above, BB&M TopApp, its directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Website or the Services. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which it would be illegal for us to exclude our liability.

No damages other than compensatory damages, strictly limited to the amount of Mobile Airtime or other value paid in relation to Services provided through the Website, where fault lies solely with BB&M TopApp shall be incurred by BB&M TopApp. No right of indemnity exists for you against BB&M TopApp.

Furthermore, BB&M TopApp will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the terms and conditions contained and referenced herein or on other related and linked independently operated websites by third parties.

You agree and acknowledge that the Website and the Services and content provided through it are provided “as is”. To the fullest extent permitted by law, BB&M TopApp makes no warranties in relation to the use and availability of the Website or the Services provided through it.

24. Governing Law

The Website and the provision of Services will be governed by the laws of Germany. If any claim or dispute arises from your use of the Website or any Services, you agree that the courts of Germany will have exclusive jurisdiction over all such claims or disputes, without prejudice to your rights under applicable legislation.

This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and will be construed under the laws of Germany and the courts of Germany shall have exclusive jurisdiction to resolve any disputes in connection with this Agreement, without prejudice to your rights under applicable legislation.

25. Severability

If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

26. Waiver

Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on BB&M TopApp’s part to exercise or avail of any right, power or privilege shall operate as a waiver of any breach or default by you.

27. Customer Care & Contact Information

If you have any questions about this Agreement or any complaints, or require any assistance with the Website or 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: customercare@worldtopapp.com

Phone: +49 17623101924

This document was last updated on December 3, 2017