conditionsinfo

Service Terms

 

This Service Terms Agreement explains in detail the terms and conditions that applies to your usage of the BROADMAX DISTRIBUTOR INC website ("BROADTOPUP.COM," "website" or "site") and all the services provided through it.

 

In this Agreement, the terms "we," "us" and "our" refer to BROADMAX DISTRIBUTOR INC and all of its authorized service affiliates. The references to "you" or "your" means the user or customer of BROADMAX DISTRIBUTOR INC (hereinafter "BROADMAX DISTRIBUTOR INC"), its website or services.

 

This Service Terms Agreement, in addition to our Privacy Policy and specific Rate Terms, is the complete Agreement between you, the service end user, and BROADMAX DISTRIBUTOR INC, as the provider of services, with regards to your usage of our services. All prior agreements and communications shall be superseded and regulated by this Agreement.

 

Please note that the terms and conditions set forth in this Service Terms Agreement constitute a legal agreement. Please read this Agreement carefully before you use or purchase any of our services.

 

1. General Terms

 

Acceptance of Terms:

1.1  By accessing and using this website and/or purchasing any service from BROADMAX DISTRIBUTOR INC, you accept this Agreement and acknowledge that you are legally bound to all its terms and conditions, as well as any additional or revised policies that BROADMAX DISTRIBUTOR INC may publish in the future. 

1.2  If you do not accept the Service Terms Agreement of BROADMAX DISTRIBUTOR INC, do not access or use our site or services.

1.3  In case of your improper usage of our site or services or violation of the terms and conditions of this Agreement, we reserve the right to remove all your access and prevent you future access. We may also try to obtain legal compensation for your improper usage of our site and service.

 

Changes to this Agreement:

 

1.4  This Service Terms Agreement may be altered by BROADMAX DISTRIBUTOR INC at any time.

1.5  If there are changes to our pricing, fees or terms, we will notify you in accordance with regulatory requirements.

1.6  Amendments to this Agreement may be done by publishing the changes to the site, which shall take effect immediately upon posting, unless stated otherwise. No other amendments can be made to this Agreement except in writing that is signed by all parties involved.

1.7  Your continued use of our site and services after the changes to this Agreement have taken effect would indicate that you accept and agree to fully comply with the new terms and conditions as stated in the revised Agreement.

 

2. Service Description and Registration

 

Consent:

1.1.   BROADMAX DISTRIBUTOR INC agrees to provide customers recharge services subject to the terms outlined in this Service Terms Agreement.

1.2.   By registering on BROADMAX DISTRIBUTOR INC, you are signifying your acceptance of all the service terms and conditions stated here in this Agreement.

 

Customer Information:

1.3.   You agree to give out true, accurate, complete and current information as required during your registration for BROADMAX DISTRIBUTOR INC services.

1.4.   You are responsible for immediately updating your personal information should there be any changes to it.

1.5.   Should you provide false or incomplete information to us when you register, your account will be deactivated. We reserve the right to reject applications that contain false or inaccurate information.          

 

How to Register:

1.6.   You may register for our service online at BROADTOPUP.COM or over the phone via our toll-free number at (215) 618-3548.

1.7.   For over-the-phone registrations, you may be asked to provide additional information via fax or email to facilitate the approval of your application.

 

Application Approval:

1.8.   BROADMAX DISTRIBUTOR INC reserves the right, at our sole discretion, to approve or reject applications.

1.9.   Once your application has been accepted, you will receive a service contract along with a confirmation note and instructions to use the site.

1.10.                    We will also provide you with a PIN and access number upon your successful registration so you can start using our services.

 

 

3. Payments, Price, Refunds, Warranties and Transfers

 

Payment:

1.1.   BROADMAX DISTRIBUTOR INC offers only pre-paid services. Customers may use a credit card or debit card to deposit the correct amount to their account in order to use services.

1.2.   Payment is due upon application and will be refunded if the application is declined for any reason.

1.2.

Price:

1.3.   The Price and/or fees you will be charged will be based on the type of service you selected and purchased.

1.4.   To comply with regulatory agencies, you will also be charged for any applicable tax, duty or other fees.

1.5.   BROADMAX DISTRIBUTOR INC reserves the right to change price at any time during a service agreement period.

1.6.   We may also change price and fees for our special promotions.

1.7.   Price and fees are subject to changes without notice.

 

Refund Policy:

1.8.   All purchases made on BROADTOPUP.COM or through our phone sales system are on a prepaid basis and are NOT refundable.

1.9.   In the rare event that we cannot fulfill our service contract and cannot offer an alternative service, your balance will be refunded to you.

1.10.                    We do NOT issue refunds for any prepaid service to customers who wish to cancel their services.

1.11.                    If you have any refund issue or dispute, you are responsible for getting in touch with BROADMAX DISTRIBUTOR INC.

 

Warranties and Transfers:

1.12.                    Warranty claims and exchanges will be honored up to thirty (30) days of the date of purchase.

1.13.                    All of the services we offer are non-transferable.

 

4. Availability of Our Services

 

Access to Services:

1.1.   We cannot guarantee that our services will always be available. You acknowledge that our services may be interrupted at certain times to allow for maintenance, repairs, new service introductions or facility installations. In such cases, we will do our best to restore service as soon as reasonably possible.

1.2.   You acknowledge that you need the necessary device to connect to our service and you agree that BROADMAX DISTRIBUTOR INC is not responsible for providing you with any equipment to gain access.

 

Acts Beyond Our Control:

1.3.   BROADMAX DISTRIBUTOR INC shall not be liable for unavoidable interruption, failure, delay or loss of service resulting from circumstances out of our control including, but not limited to, armed conflict, terrorist activities, power outages, fire, earthquakes or other natural disasters.

1.4.   If we fail to restore your service within fourteen (14) days, you may cancel your services and we will refund your unused data.

 

5. User Responsibilities and Our Privacy Policy

 

Provide Accurate Information:

1.1  Our site, BROADTOPUP.COM, and our services are intended for individuals who can enter a legally binding contract subject to the law.

1.2  In order to legally purchase our services, you must provide accurate information to BROADTOPUP.COM including your complete legal name, billing address, email address or phone number.

1.3  If you knowingly falsify the information you provide us, your account will be terminated immediately.

 

Protect Account Information:

1.4  As a user on our site, it is your responsibility to safeguard your account information from unauthorized use.

1.5  Do not disclose your PIN or access number. We will not be liable for the unauthorized use of the information you share with third parties and we will not provide refunds or issue credits back due to your negligence in this matter.

1.6  Please contact our customer service department at (215) 618-3548 if you suspect or would like to report the unauthorized use of your account.                

 

Privacy Policy:

1.1.   Please review our complete Privacy Policy at BROADTOPUP.COM to learn how we collect, use and protect your personal information.

 

 

6. Prohibited Behavior

 

Illegal Use:

1.1  As a registered user of  BROADMAX DISTRIBUTOR INC services, you must not use this site or the services we provide for any unlawful or abusive purpose.

1.2  Your use of our site and services must be in compliance with all regulations and laws, including all applicable telecommunication laws, in your country, state or local area.

 

Fraudulent Activities:

1.3  Credit card fraud and identity fraud are criminal offenses which BROADMAX DISTRIBUTOR INC strongly prohibits.

1.4  We use both automated and manual verification systems to confirm credit card use and detect fraud upon authorization. We also have a system for tracking every user transaction.

1.5  If required by law, we will provide the proper law enforcement authorities any information we have that is related to fraudulent or illegal transactions to assist in the prosecution of individuals attempting to engage in fraud or other criminal activities.

 

7. Termination of Services

 

Reasons for Service Termination:

1.1  BROADMAX DISTRIBUTOR INC may suspend or terminate your use of our services for any good cause and at our sole discretion.

1.2  We also reserve the right to terminate your account with us at our discretion for breach of this Service Terms Agreement and for unlawful use of our site and/or services.

 

Notification:

1.1  We will notify you if BROADMAX DISTRIBUTOR INC is reviewing your account for possible suspension or termination. Should you disagree with our decision and if necessary, we will provide enough time so you can make an appeal.

1.2  Notifications of service termination will be sent to the mailing address or email address that your provided during your registration.

 

8. Limited Liability

 

Coverage:

1.3  The total liability of BROADMAX DISTRIBUTOR INC in this Agreement or in relation to any of our services shall be equivalent to, and will not exceed, the worth of one (1) month's access to our services that you have paid.

Exclusions:

1.4  BROADMAX DISTRIBUTOR INC is excluded from all liabilities and responsibilities for any indirect, incidental, special or consequential loss, business interruption or damage of any kind that arise from circumstances that are beyond our control.

1.5  BROADMAX DISTRIBUTOR INC will not be liable to you for any action performed by third party companies, including any damage associated with a third-party service, channel or equipment.

1.5

 

9. Disputes and Claims:

 

Prohibition on Certain Lawsuits:

1.6     You agree that no dispute or claim may be filed against BROADMAX DISTRIBUTOR INC as part of a class action suit or through a private attorney general office and you may not be a class representative or member in class arbitration against BROADMAX DISTRIBUTOR INC.

1.7     If you file a lawsuit against BROADMAX DISTRIBUTOR INC and the case is found to be frivolous, you may be liable for legal compensation and other charges.

 

Dispute Resolution:

1.8     If you have a dispute with any of our services, you must contact our customer service department first prior to considering any legal action. In the event that you and the customer service department fail to reach a resolution, you agree to resolve the dispute exclusively through arbitration.

 

Arbitration:

1.9     The final settlement of disputes that arise under this Agreement shall be on an individual basis and will be conducted according to the Comprehensive Arbitration Rules of JAMS, Inc. (formerly, the Judicial Arbitration and Mediation Service, Inc.) and by three (3) appointed arbitrators. This provision excludes equitable or injunctive relief claims and claims concerning intellectual property rights.

 

1.10 The arbitration shall be held in Philadelphia, PA. The English language will be used during the proceedings. Any court may enforce the arbitral decision. The prevailing party shall be allowed to collect legal costs and fees.

 

Separability:

1.11 If any part of this Service Terms Agreement is held to be unenforceable or invalid, the rest of this agreement will remain fully enforceable and valid. The failure of BROADMAX DISTRIBUTOR INC to implement a provision in this Agreement does not signify that we have waived our right to implement the provision.

 

Claims:

1.12 You and BROADMAX DISTRIBUTOR INC agree that the commencement of any cause of action that is connected to or arises out of your access to the BROADMAX DISTRIBUTOR INC site and services must be within ONE (1) year after the particular cause of action occurred; otherwise, the cause of action will be excluded permanently.

 

Governing Law and Jurisdiction:

1.13 This Service Terms Agreement is governed by the United States federal laws and the laws of the State of New York, without regard to conflicts of legal rules and principles. For all purposes of this legal agreement, you and BROADMAX DISTRIBUTOR INC agree to be under the exclusive jurisdiction and venue of the federal courts located in New York, NY

 

 

10.  Miscellaneous Provisions

 

Assignment:

1.14 BROADMAX DISTRIBUTOR INC may assign all or part of our duties and rights under this Service Terms Agreement to any individual or party at any time without your consent. However, you may not assign your rights or obligations under this Agreement without prior written consent from BROADMAX DISTRIBUTOR INC; otherwise, such assignment is invalid.

 

Entire Agreement:

1.15 This Service Terms Agreement, in addition to our Privacy Policy and specific Rate Terms, constitutes all terms and conditions in their entirety that have been agreed upon by you and BROADMAX DISTRIBUTOR INC.

1.16 This Agreement shall supersede and terminate all other previously existing understandings, statements, and arrangements between you and BROADMAX DISTRIBUTOR INC, whether in oral or written form.

1.17 Neither you nor BROADMAX DISTRIBUTOR INC will rely on any statement or representation by the other party or any third party that contradicts and is not expressly set out in this Agreement.

1.18 Amendments to this Service Terms Agreement can only be made as provided in the relevant sections herein. No statement, advertisement or service description, whether verbal or written, that is not expressly included in this Agreement will be permitted to contradict or supplement this Agreement or our services.

1.19 Neither you nor BROADMAX DISTRIBUTOR INC will rely on any statement or representation by the other party or any third party that contradicts and is not expressly set out in this Agreement.

 

Survival:

1.20 The rights of BROADMAX DISTRIBUTOR INC under this Agreement shall survive the termination or expiration of this Agreement.

 

11. Customer Service and Complaints

 

Please contact our customer service department at (215) 618-3548 to inquire about our service terms, enroll to our services, modify or cancel your service, or for any customer concerns.

 

12. Mobile Marketing Program.

 

By joining Broadtopup.com, you consent to receive SMS, text and other

electronic messages (collectively, “Messages”) from BROADMAX DISTRIBUTOR INC and its affiliates regarding your membership,

account activities, Rewards and other special offers. This consent is specific to the phone number(s) you

provide to us. Message and data rates may apply when you receive certain Messages on your mobile

phone. You may refuse to consent to receive calls and Messages from BROADMAX DISTRIBUTOR INC and its affiliates that require

your consent, including autodialed, pre-recorded or artificial voice telemarketing calls. You may also

withdraw your previously given consent to receive calls and Messages. Your ability to manage and use

 

 

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