Access Haiti Top-Up Website Terms and Conditions

General

The provision of Services (including, prepaid/postpaid data airtime ("Top-Up")) to you through the Website is subject to your acceptance of these Terms and Conditions ("Agreement"). By using the website, you expressly agree to be bound by the Terms and Conditions. Please read this Agreement carefully before accessing the Services and Applications.

If you object to any of these mentioned Terms and Conditions or any subsequent modifications to them, or become dissatisfied with your use of the Website in any way, you may: a) discontinue your use of the Website; and b) terminate this Agreement and your membership ("Account") by notifying Access Haiti in writing by email.

Registration

When registering as a member of the Website, you may supply personal information, including your email address or phone number and financial information ("Data"). Upon registration you will be given an Account. You may also choose a password.

You are entirely responsible for all activities which occur when using your email address and password ("Login Details") in relation to your Account, including unauthorized use of your or any other payment method including debit or 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 Access Haiti immediately if you become aware of any unauthorized use of your Login Details.

If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using the Website. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorized to this Agreement on behalf of that employer, company or entity.

Your data

You are fully responsible for all activities that occur under your user name and password, including the use of your credit card or any other card without your authorization. You must notify Access Haiti immediately if you notice the use of your username and password without authorization. If you forget or lose your password, you will need to request a new password by going to the "Forgot Your Password" on the "Login" section. You will be able to change preferences or opt-out of this service at any time in the 'Profile' area.

Please note that the sending of personal information via e-mail over the internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge personal information over the internet unless you are using a secure or encrypted communications technology.

Use of Services and Cost

The Services shall only be provided to you by Access Haiti S.A. Top up's are purely for use domestically.

The Website (including the Services delivered through it) and the Password must be used by you strictly in accordance with this Agreement. You must not disclose the Password, whether directly or indirectly, to any other person (including, but not limited to, any account aggregation service provider).

You will be required to input certain information in respect of the Services on the Website. It is your responsibility to ensure that you have correctly inputted the information.

The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Website before you are asked to confirm your transaction, and proceeding with the transaction at this point is entirely optional.

You agree and understand that Access Haiti only act on your authorization to send Services and shall be solely liable to you and the recipient of the Services for the provision of Services. In the case of Top-up, once it is sent to the recipient, it can be used immediately and therefore it cannot be refunded or removed. To avoid a Service being sent to the wrong phone or place, Access Haiti asks you to confirm that the recipient details you have entered are correct.

Your obligations

The equipment and devices necessary to access the Website shall be provided and be maintained by you solely at your expense and Access Haiti may change the requirements for such equipment from time to time. 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 acknowledge that compliance with this Agreement is designed to minimize the risk of unauthorized use of the Website. You agree to indemnify Access Haiti in full in respect of any loss or damages which may arise to us, you or any third party as a consequence of your non-compliance with this Agreement.

Termination of the Agreement

Access Haiti may terminate this Agreement and withdraw the use of the Website and/or the Services provided through it:

Upon reasonable prior notice to you
Immediately upon breach by you of this Agreement or where there exist serious grounds for termination. As a courtesy when terminating this Agreement on these grounds, Access Haiti shall inform you within a reasonable time post-termination
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
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 Access Haiti 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.

Access Haiti 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. Access Haiti 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.

Transactions on the Account

You may purchase the Services using any credit card or debit card which may be used on the Website and must have a valid billing address and valid issuing bank or other payment services provider.

You authorize Access Haiti to act upon any instruction to debit an Account received through the Website which has been transmitted using the Password and/or any other authentication process which Access Haiti may require to be used in connection with the Website without requiring us to make any further authentication or enquiry, and all such debits shall constitute your liability.

Upon receipt of a proper and complete request from you for a Top-Up Access Haiti will debit the Account to provide a credit of the amount of Top-Up transferred for the benefit of the number nominated by you.

Subject to your compliance with the Agreement and provided you have not acted fraudulently or in a negligent manner, Access Haiti shall accept liability for the non-execution or defective execution of a Top-Up effected through the Website but such liability shall be limited to the amount of the unexecuted or defectively executed Top-Up.

Your contribution

When you send us any feedback, suggestions, ideas or other materials in relation to or via our site or the services, you agree that Access Haiti can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction.

Variations of the Agreement

Where Access Haiti is not required to notify you otherwise by law, Access Haiti may alter the Agreement from time to time. Any such alteration shall become effective and shall be binding upon you 14 days after notice of such alteration has been sent to you by any of the following means: through the post or by electronic message through Site. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including your liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.

Notices

Save where expressly provided, any notice required to be given by you to us in connection with this Agreement shall be given in writing and sent by email to info@accesshaiti.com or through Access Haiti, 60 Rue Geffrard, Pétion-Ville, Haiti.

Save where expressly provided, any notice required to be given by us 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.

Intellectual property rights

You agree not to divert or infringe the intellectual property rights of Access Haiti S.A. or any third party. The intellectual property rights of any data, information, systems, processes or other material used by or developed by us for the purpose of providing the Services or performing our obligations under this Agreement shall, from the moment of their creation, vest in our name or that of our beneficiaries. You will only use such material for the purpose of receiving Services as described in this Agreement.

You shall ensure that all information obtained from us by you relating to our operations, services, software, hardware and/or systems in connection with this Agreement shall be treated by you in strictest confidence and shall not be disclosed by you to any third party unless it is already in the public domain.

Access Haiti shall ensure that all your confidential personal data held by us in relation to this Agreement shall only be accessible to us, our agents or a company controlled by us and shall be processed or used by us for purposes and in a way compatible with the discharge of our obligation to you under the Agreement.

Save where otherwise specified, the Intellectual Property Rights and contents of all the Website are owned by Access Haiti or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without our prior consent, other than that you may print or download one copy of the contents of the Website for personal non-commercial use.

Suspension of Service

In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Website and the Services, or where there is a real or potential security risk, Access Haiti 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.

You further agree and acknowledge that your access to the Applications and/or Account and/or Services may be suspended where Access Haiti reasonably believes that it has been used unlawfully or fraudulently.

Force Majeure

Access Haiti 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, labour 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 our control.

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. In consequence Access Haiti cannot guarantee the privacy or confidentiality of communications via such media although it will put in place 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:

make certain or all of the Services unavailable to you
delay implementation of any new Services
withdraw, replace or reissue your password
change authentication procedures or processes for accessing the Website or the Services, while using reasonable endeavors to minimize any inconvenience caused.

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

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.

Governing Law

All relations established by Access Haiti with you prior to this Agreement being entered into and this Agreement, are governed by and will be construed with the laws of the Republic of Haiti, and the courts of Haiti shall have exclusive jurisdiction to resolve any disputes in connection with them.

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 the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

Waiver

Any waiver by Access Haiti 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 our part to exercise or avail of any right, power or privilege that Access Haiti have or may have, operate as a waiver of any breach or default by you.

Language

The Agreement and all other documentation which will be provide by Access Haiti to communicate with you throughout the duration of the Agreement will be prepared in French and English language, and all communications between Access Haiti and you will be conducted in the French or English language.

Customer Care & Contact Information

If you have any questions about this Agreement or any complaints, or require any assistance with the Website or the Services you have purchased, Access Haiti is always here to help. You can get in touch with Access Haiti 24 hours a day, 365 days a year using one of the options below.

Log In

Remind Password

Create Account