Terms and Conditions
Asia Digital PTE LTD and/or its subsidiaries (“Asia Digital”,“we,” or “us”) provides a service (“AxiaPedia”) that allows you (“you”) to make purchases from us, your mobile network operator (“Operator”), or a merchant (“Merchant”) by redeeming prepaid mobile credit issued by your Operator, having the value of such purchases added to a postpaid mobile bill issued by your Operator, or by paying for such purchases using another payment channel.
This agreement (the “Terms and Conditions”) sets forth the terms and conditions of your use of AxiaPedia. By using AxiaPedia (https://www.AxiaPedia.com), or any other service created by us, you are agreeing to these Terms and Conditions.
You must only use AxiaPedia to make purchases using your own mobile account or payment instrument. You may make purchases using a corporate or business mobile account or payment instrument only if you are authorized both to make purchases for the organization and to agree to these Terms and Conditions on its behalf.
If you lose your SIM card or mobile phone or if your mobile account has otherwise been compromised, you must alert your Operator immediately so that it can block your account from being used for AxiaPedia purchases, calls, and other services. If someone else uses your account to make purchases before you make this report to your Operator, it will be at your Operator’s discretion whether to issue a refund to you for the value of such purchases.
By using AxiaPedia, you acknowledge that
You may not
Dispute and error handling
If you are dissatisfied with any or service purchased using AxiaPedia, or if you believe that you have been charged in error, you should contact the Merchant (or, if your purchase was made at AxiaPedia, us) directly to attempt to resolve the issue. If you are unable to resolve the issue with the Merchant directly, you may dispute a transaction (or a partial transaction) with AxiaPedia. You may initiate a dispute by contacting us.
You must not make any false or misleading statements when filing, or during the subsequent investigation of, a dispute.
Asia Digital will investigate all disputes and make reasonable efforts to resolve them on behalf of customers. Ultimate resolution of such disputes shall be at the sole discretion of Asia Digital.
As part of or separate from the dispute handling process, we may determine that a mistake has been made that affects you. If we determine that you have been incorrectly charged or overcharged, we will credit your account or otherwise arrange for a refund to rectify the mistake. If we conclude that you were not charged when you ought to have been or have been undercharged, we may debit your account or otherwise collect a payment to rectify the mistake.
Sales by AxiaPedia, including but not limited to sales on AxiaPedia, are final; no returns are accepted and no refunds are issued. Gift code issuers, not Asia Digital, are responsible for redeeming gift codes that you purchase from AxiaPedia and for providing goods or services to you in exchange.
Unless otherwise noted on the product information page, gift codes sold on AxiaPedia does not have an expiry date.
You consent to allow us to collect information about you from you, your Operator, Merchants, and other sources when you use AxiaPedia and our websites. This information typically includes your mobile number, Operator affiliation, and IP address, as well as information about the goods and services that you are purchasing. You agree that this information may be used and stored by us, our affiliates, and our agents to complete your transaction, resolve disputes, prevent fraud and abuse, and to otherwise provide, maintain, and improve our Service.
Furthermore, you accept that we may disclose your information to Merchants, Operators, our affiliates, our agents, or other parties as permitted or required by applicable law for the marketing of our Service; in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business; if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request; to protect the security or integrity of our Services; or to protect us, our users or the public from harm or illegal activities. Moreover, we may also share non-personally identifiable information with other third parties.
Asia Digital makes reasonable efforts to safeguard your personal data to protect against loss, misuse, or alteration of it. We are not responsible for the information management and protection practices of Merchants, Operators, and others.
If you would like to access the personal data that we have on file about you or request that we update your data, you may contact our Data Protection Officer at [email protected].
Copyright, trademarks, and intellectual property
If you purchase content using AxiaPedia, it is exclusively for your personal consumption. You have no right to reproduce it for any reason, including for distribution.
Except for the licenses granted in these Terms and Conditions, you have no right, title or interest in or to AxiaPedia or its Service. AxiaPedia’s websites and Service, including its constituent parts, are Copyright © 2017 AxiaPedia, and/or the proprietary property of its suppliers, affiliates, or licensors. They may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without our express prior written consent. All rights reserved.
Our service marks and logo may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Asia Digital may have patents, patent applications, or other intellectual property rights. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with our webpages and Service does not give you any license to our intellectual property.
We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any good or service provided by a Merchant that is purchased using our Service. We are not required to issue refunds if a purchase turns out to not meet your expectations, or if the Merchant does not fulfill its commitments, although we will make reasonable efforts to assist you in these matters as described in the “Dispute and error handling” section above. We have no obligation, and cannot guarantee that, we will resolve any disputes related to any transaction to your satisfaction.
From time to time, AxiaPedia may be delayed, interrupted or disrupted for an indeterminate period of time. In addition, except as otherwise required by applicable law or regulation, Asia Digital may terminate your use of AxiaPedia or impose limits on the type and or amount of transactions you are allowed to make with the service at any time in its sole discretion without prior notice. Asia Digital and its affiliates shall not be liable for any claim arising from or related to AxiaPedia arising from any such delay, interruption, disruption, limitation, or suspension.
In no event will Asia Digital or any affiliate be liable for indirect, consequential or special damages, including lost profits, arising from your use of AxiaPedia, 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.
OUR WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITES, CODAPAY OR ANY APPLICATION OR DOCUMENTATION.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND 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 WEBSITES, AXIAPEDIA (INCLUDING THE INABILITY TO USE AXIAPEDIA), OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH AXIAPEDIA. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ASIA DIGITAL OR OUR AFFILIATES (AND OUR AND THEIR 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 US IN CONNECTION WITH YOUR USE OF AXIAPEDIA DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
In no event will we be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control. The laws of some jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in these Terms and Conditions. Our liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless, Asia Digital, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all claims, losses, expenses, damages and costs, including but not limited to attorneys’ fees, resulting from any violation of this agreement by you.
If any part of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining Terms and Conditions 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 economic, legal and business objectives of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement will remain in full force and effect.
Asia Digital is not a bank, e-money issuer, or money transferor and does not require the approval of the Monetary Authority of Singapore to operate. Your prepaid or postpaid mobile account is not a bank account, e-money account, payment card, or other regulated financial instrument.
AxiaPedia does not process or store your credit or debit card number.
This Agreement shall be governed by and construed according to the laws of Singapore without regard to its conflicts-of-law provisions, and you and Asia Digital agree to submit to the exclusive jurisdiction of the Singapore courts.
Nothing in these Terms and Conditions 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.
Asia Digital may assign this contract, any of its terms, and any of Asia Digital’s obligations, in whole or in part, at any time, with or without notice to you, but you may not assign this contract, or any part of it, to any other party without Asia Digital’s prior written approval. Any attempt by you to do so is void.
Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action first could be filed or be forever barred.
We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us.
Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions.
These Terms and Conditions constitute the entire agreement between you and Asia Digital, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings. No modification or amendment of this Agreement will be binding on Asia Digital unless set forth in writing signed by us.
These Terms and Conditions were written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
We reserve the right to change, modify or otherwise alter these Terms and Conditions at any time. You can find the most recent version on our website. Such modifications shall become effective immediately upon the posting thereof.