GENERAL TERMS AND CONDITIONS – RELOADHERO
Updated on 27 August 2024
The www.reloadhero.com website (the “Website”) is operated by Surfer Rosa Limited (“Company”), a company registered and incorporated in the Isle of Man, with its registered office at 2nd Floor, 14 Athol Street, Douglas, Isle of Man, IM1 1JA, under company number 019064V. The Website enables Customers to purchase digital products and services issued by third-party enterprises (“Product Issuers”). These Product Issuers are responsible for creating and providing the products sold on the Website. The Company facilitates the sale and distribution of these products to Customers, ensuring that the transaction process is smooth and secure.
By accessing or using the Website, and by purchasing any Products or Services through it, you, as the Customer, agree to be bound by these General Terms and Conditions. Please read them carefully before proceeding with any transactions.
We will communicate with you in English and will accept communications from you in English. For any non-English communications, we reserve the right to use English. Documents or communications provided in other languages are for convenience only and do not obligate us to conduct further communications in those languages.
1. Definitions
In these General Terms and Conditions, the following terms shall have the following meanings:
“Company” means Website, operated by Surfer Rosa Limited, a company incorporated under the laws of the Isle of Man with its registered office and principal place of business at 2nd Floor, 14 Athol Street, Douglas, Isle of Man, IM1 1JA, and company number 019064V.
“Customer” means the individual or legal entity that enters into an Agreement with the Company, places an Order with the Company, or to whom the Company has submitted an Offer, all of which are governed by these General Terms and Conditions.
“Customer Account” or “Account” means the account that the Customer may be required to open on the Website before placing Orders or making purchases. The Customer must follow the registration process and provide the necessary (mandatory) personal data. Each Customer is allowed to open only one Account.
“Products and Services” means all digital products and related services for which an Order has been placed by the Customer or which are provided by the Company to the Customer.
“Product Issuer” means the third-party enterprise that creates and provides the products sold on the Website.
“Documents” means all items made available to the Company by the Customer, including purchase orders, invoices, information, materials, or data carriers, as well as all items produced by the Company in the execution of the Order.
“General Terms and Conditions” means these terms and conditions that govern all Agreements between the Customer and the Company.
“Agreement” or “Order” means any contractual agreement between the Customer and the Company, including but not limited to, any Order or order confirmation, in accordance with the provisions of the Agreement.
“Parties” means the Company and the Customer collectively.
“Offer” means a proposal made by the Company to the Customer for the sale of Products or Services, subject to these General Terms and Conditions.
2. Applicability
2.1. These General Terms and Conditions apply to all Products and Services offered and/or ordered through the use of the Website.
2.2. Any deviation from these General Terms and Conditions shall only be valid if expressly agreed upon in writing by both Parties. The applicability of any general terms and conditions or other terms and conditions of the Customer is expressly rejected by the Company.
2.3. The Company reserves the right to amend or supplement these General Terms and Conditions. Minor changes may be made without specific notification to the Customer. Significant changes will be communicated to the Customer via email, publication on the Website, or other electronic means, with at least 4 weeks' advance notice before such changes take effect.
2.4. The Agreement becomes valid upon the Customer’s acceptance of the Offer, which is triggered by the Customer’s payment for the Product(s) and/or Services ordered. By accepting the Offer, the Customer acknowledges and agrees to be bound by these General Terms and Conditions.
2.5. Third parties (including but not limited to Product Issuers) may display their own terms and conditions on the Website, and the purchase of a Product or Service may require the Customer’s acceptance of those terms; the Company bears no responsibility for such terms and does not warrant the availability of the Product or Service if the Customer does not accept the third party's terms and conditions.
2.6. The Company reserves the right to reject any Order or payment at its discretion, without providing reasons.
2.7. Any communication shall be made in writing, either via email or other electronic means, to the addresses provided by the Customer during the transaction process.
2.8. The Company is not bound by any verbal agreements unless confirmed in writing.
3. Products and Services
3.1. The Company advertises and makes available digital products through the Website, including but not limited to, codes to top up credit for services like gift cards, video gaming cards, prepaid vouchers, and more. These Products and Services are issued or produced by respective Product Issuers. Any product guarantee is provided by the third-party Product Issuer and not by the Company. The Company does not handle any warranty claims or guarantees beyond providing support for the purchase process.
3.2. Delivery of the ordered products can be made in various ways, depending on the product type and purchase channel. Most products will be delivered via email, or if applicable - directly to the Customer Account on the Website, or to an account held with the Product Issuer – as the case may be.
3.3. The Company is not liable for any issues related to the delivery, use, or defects of the vouchers. However, the Company may provide support in line with these General Terms and Conditions.
3.4. Product availability is not guaranteed, and the Company is under no obligation to ensure the continuous availability of all advertised products. However, the Company will make reasonable efforts to maintain adequate stock levels with Product Issuers to minimize instances of limited availability.
3.5. The Company reserves the right to change, amend, extend, or restrict the Products’ and Services’ range offered on the Website, either generally or on a per-Customer basis, as deemed reasonable and appropriate.
3.6. Products and services may be redeemed through various methods depending on the specific product and the Product Issuer. Redemption may involve activation via a link sent directly to the Customer's email or availability in the Customer's Account with the Product Issuer. Additionally, some Product Issuers may provide further terms and conditions to facilitate the redemption process. Payment options for each Product or Service may include cards, cryptocurrency, banking or cash payments. Some Products or the availability of certain Services may be subject to expiry dates and limitations on use. Revalidation or extension options, if available, will be specified by the Product Issuer. It is the Customer’s responsibility to be aware of and adhere to any such limitations.
4. Discounts and Offers
4.1. The Company may offer discounts or promotional offers, including discount codes, for a limited period. The validity period for such discounts will be clearly stated. Discount codes are valid for a period of one year, after which they expire and become non-redeemable. Additional terms and conditions may apply.
4.2. The Company is not obligated to offer discounts or promotional offers to all Customers and reserves the right to selectively offer such incentives.
5. Order Modification and Cancellation
5.1. Once an Order has been placed and payment has been completed, it may or may not be subject to modifications or cancellations depending on the nature of the Product or Service. Certain Products or Services may be non-changeable or non-cancellable due to their inherent characteristics or specific terms associated with their delivery or fulfillment. Requests for modification or cancellation are subject to the Company's approval, which will be determined at its sole discretion.
5.2. If a modification or cancellation is permitted, applicable fees, as specified at the time of purchase or outlined in the Product or Service terms, may apply. The Company will inform the Customer of the acceptance or rejection of any request, including any adjustments to the payment or refund process. The Customer acknowledges that not all Orders are eligible for modification or cancellation and agrees to review the relevant terms and conditions prior to completing their purchase.
5.3. The Company reserves the right to refuse any request for modification, supplementation, or cancellation of an Order if such changes would adversely impact the quality or quantity of the Products or Services to be delivered. If a requested change would compromise the integrity or availability of the Product or Service, the Company may deny the request to ensure that the original terms of delivery are upheld.
6. Delivery of Orders
6.1. The Company is not liable for any delay in the delivery of products, except in cases of intent or gross negligence. The Company guarantees the delivery of a working product code, and if a code is found to be malfunctioning, the Company will provide a replacement code at no additional charge.
6.2. Delivery methods include email, direct drop into the Customer Account on the Website, or direct drop into a third-party account, depending on the product category.
6.3. Some products may be delivered in an "inactive" state for security reasons. The activation process for such products is free of charge, and the Customer will be provided with instructions on how to activate the product.
6.4. If a product has not been delivered due to a fault on the part of the Company, the Customer may request a refund through the Company’s non-delivery mitigation procedure via the Customer Support Team at [email protected] . Refunds are at the discretion of the Company and may be subject to a reasonable fee.
6.5. The Company is not responsible for the inability to ascertain whether a digital product has been used after delivery, and therefore, no returns or refunds will be accepted once the product has been delivered.
7. Customer Account and Verification
7.1. If requested, the Customer is required to create an Account on the Website by completing the registration process and providing all mandatory information.
7.2. The Customer Account is personal and non-transferable. The Customer is responsible for maintaining the confidentiality of their Account details and is liable for any unauthorized access resulting from their failure to do so.
7.3. The Customer must use their Account in accordance with these General Terms and Conditions and must immediately notify the Company of any suspected unauthorized use or security breach.
7.4. If applicable, the Customer Account is used for placing and paying for Orders, and in certain cases, receiving Products or Services within a dedicated area in the Customer Account.
7.5. The Customer may be given the option to open an additional account with a third-party provider for product delivery, subject to the third-party’s terms and conditions and the Customer's express consent for the transfer of personal data.
8. Payment and Collection Costs
8.1. Payment can be made using any of the methods offered on the Website. The Company reserves the right to restrict or remove payment options at its discretion. Accepted payment methods include credit and debit cards, cryptocurrency, bank-transfers, payment vouchers and others.
8.2. Payments may be held if there is a suspicion of fraud or any violation of these General Terms and Conditions, in which case the Company will notify the Customer. No chargeback requests or fraud reports will be honored by the Company.
8.3. If the Customer fails to make a payment on time, or a payment is declined or reversed, the Company reserves the right to recover any associated costs and may charge additional fees for collection or litigation.
8.4. The Company will comply with all relevant legal obligations related to anti-money laundering and other related legislation. If a Customer’s payment is held due to suspicion of illegal activity, the Customer agrees to cooperate fully with any investigation or inquiry.
9. Intellectual Property and Trademarks
9.1. All content, trademarks, and other intellectual property rights on the Website, including but not limited to text, graphics, logos, images, and software, are owned by or licensed to the Company. The Customer is granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial use only.
9.2. The Customer may not reproduce, modify, distribute, or exploit any intellectual property from the Website without the prior written consent of the Company.
10. Liability and Indemnity
10.1. The Company’s liability for any damages, direct or indirect, arising from the Agreement is limited to the amount paid by the Customer for the product or service giving rise to the liability.
10.2. The Company shall not be liable for any indirect, consequential, or punitive damages, loss of profit, or loss of data.
10.3. The Customer agrees to indemnify and hold harmless the Company from any claims, damages, liabilities, and costs (including reasonable attorney’s fees) arising out of the Customer’s breach of these General Terms and Conditions or misuse of the products and services offered through Website.
11. Warranty and Representation
11.1. The Company does not provide any warranties regarding the products or services other than those expressly set forth in these General Terms and Conditions. All products are provided "as is" and "as available."
11.2. The Company makes no representation or warranty regarding the accuracy, reliability, or suitability of the products or services offered through the Website.
11.3. Any Product or Services guarantees are provided by third parties (Product Issuers) and not by the Company. The Company is not responsible for the fulfillment of any product guarantees.
12. Data Privacy
12.1. The Company is committed to protecting the Customer’s personal data and ensuring its security throughout your interaction with the Website. We collect personal information, such as the Customer’s name, email address, payment details, and IP address, when the Customer creates an Account, place Orders, or otherwise engage with the Website. Additionally, we may gather data through cookies and other tracking technologies to enhance the Customer’s experience, analyze usage patterns, and deliver tailored content. For more information, please visit the Company’s Cookie Policy.
12.2. All personal data is stored securely on the Company’s servers, which are located in jurisdictions that adhere to stringent data protection laws. The Company implements robust technical and organizational measures, including encryption and access controls, to safeguard the Customer’s data from unauthorized access, disclosure, alteration, or destruction. Access to personal data is limited to authorized personnel, and any third parties processing data on the Company’s behalf are required to maintain equivalent security standards.
12.3. The Customer’s personal data is used to process Orders, manage respective Accounts, deliver the Products and Services, and communicate with the Customer regarding their transactions. The Company may also use the Customer’s information for marketing purposes if the Customer has consented to receive such communications. The Company retain the Customer’s personal data only as long as necessary to fulfill the purposes for which it was collected or as required by law. Should the Customer wish to delete their personal data, they may request this by contacting our Customer Support Team at [email protected] . The Company will delete the Customer’s data from all active systems unless the Company is legally obligated to retain it or if anonymization is a more appropriate option.
12.4. For a detailed explanation how the Company handles information, please refer to the Company’s Privacy Policy. Any updates to the Privacy Policy will be communicated to the Customer as outlined in that document or directly via the Website.
13. Governing Law and Jurisdiction
13.1. These General Terms and Conditions shall be governed by and construed in accordance with the laws of the Isle of Man.
13.2. Any disputes arising from or related to the Agreement shall be submitted to the exclusive jurisdiction of the courts of the Isle of Man.