TERMS OF SERVICE

This policy was last updated on November 9th, 2016 and it will be effective on November 23rd 2016.

INTRODUCTION

Our Services enables customer of mobile operators and merchants to send and request airtime in exchange for products and services or as a gift. The provision of services (together the “Services”), to you through the website www.coowry.com (“Website”) or any other MEANS (for example, third party websites, SMS, USSD, Mobile Applications), is subject to your acceptance of these terms and conditions (“Agreement”). By using the site, you agree to be bound by the terms and conditions applicable to the Services provided by Coowry (“Coowry”, “we” or “us”), and the terms of Coowry Privacy and Cookies Statement. Please read this Agreement carefully before using our Services.

1. INFORMATION ABOUT US

Coowry is registered in England and Wales with registered number 8524018 and has its registered office at 6th Floor 60 Gracechurch Street, London, EC3V 0HR.

2. REGISTRATION

Your registration to our Services is implicit the first time you use any of them (through our website or other means) with the sole information of your mobile phone number. This number is used in the authentication process to access our Services and in the authorization process to send or receive transactions. As part of using our Services, you are agreeing to receive SMS/text messages from us on the mobile phone provided to us.

Additionally, you can complete your profile information though our website. You agree that the information supplied on this complementary registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information. All personal information you provide to us will be treated in accordance with the Privacy Policy. By accepting the Privacy Policy, you expressly agree to the processing, use, storage and disclosure of your Data by Coowry as set out in the Privacy Policy. Like many websites, we use cookies to collect additional website usage data and to improve our Service as set out in our Privacy Policy.

3. EMAIL ADDRESS AND PASSWORD

When registering on the Website you will have the option to provide your email address and choose a password to access the Service. You are entirely responsible for all activities which occur under your email address and/or password, including unauthorized use of your account. You must not disclose your password, whether directly or indirectly to any third party. It is your responsibility to safeguard your password. You have the option to change it at any time. If you become aware of any unauthorized use of your account, you must notify us immediately at support@coowry.com.

4. PUBLIC PROFILE

The User can create a public URL in Coowry accessible to anyone using Internet. This page is under the url:www.coowry.me/yourusername and it displays the username of the User and the profile photo.

The username and the profile photo associated with the User account will be seen by other users that have received or sent a trade to the User, even if the User does not have a public URL.

5. OUR SERVICE

Our Service enables customer of mobile operators and merchants to send and request airtime in exchange for products, software programs, downloadable digital content or as a gift. Coowry has its proprietary software platform to route the transactions with the Telecom Operators. Coowry is responsible for contracting and integrating with the Telecom Operators. The Operators available in Coowry are subject to change and availability at any time.

We are just an enabler and we do not assume any liability for the products or content exchanged using our Service. The Service provided to you by Coowry is to send or request airtime to a mobile number that is eligible for the Service and belongs to one of the Mobile Operators available on the platform or to a business account.

The Service allows the customers of the Telecom Operator to exchange airtime for products and services sold by Internet Agents. This can be done directly from the web or from an application store, mobile applications and other communication means. In the same way, Internet Agents (business account) can send airtime to the customers of the Telecom Operators for services these customers provide to the Agent.

By airtime we mean the value added or subtracted to a mobile customer account. In the case of a prepaid (pay as you go) customer, the value is added or subtracted to his credit, if he is receiving value or sending value. In the case of a postpone (contact) customer the value will be added or subtracted to his monthly bill depending on whether he is sending or receiving value.

Every transaction needs to be approved by the sender with a security code sent in a SMS to the mobile phone number the User has provide in the registration process or with a PIN code set by the User. You must not disclose your PIN to any third party, whether directly or indirectly. You are responsible for maintaining adequate security, control and confidentiality of your private API key. The loss or compromise of this information may result in unauthorized access to your account, which might result in loss or theft of any airtime in your account. If you believe your PIN has been compromised, please contact immediately Coowry at support@coowry.com.

The receiver will receive the airtime of the transaction in real time, once the trade has been authorized by you. You agree and understand that the receiver of the transaction can transfer the airtime immediately to his phone number and it can be used, therefore it cannot be refunded or removed from the phone.

6. MOBILE OPERATORS' RULES

Mobile Operators have established guidelines, bylaws and rules that are applicable to their customer base regarding the number of trades and limits to the amount traded and the validity period of the airtime credited. These rules depend on each Telecom Operator and the profile of the customer. You are required to comply with all these rules.

You acknowledge that Coowry may suspend its performance of its obligations under these Terms in the event that doing so is necessitated by a Mobile Network Operator suspending or modifying its service.

7. FRAUD AND RISK MANAGEMENT

In addition, Coowry shall apply its proprietary fraud detection capabilities to authorize or decline a transaction in real time and reserves the right to temporarily or permanently block the User account to maintain its security if suspected of unauthorized, fraudulent or unusual behavior.

8. AUTHORISATION FOR HANDLING AIRTIME

Power of Attorney Under some circumstances the airtime will be sent to the receiver’s mobile phone as a Top Up and it can be used immediately, therefore it cannot be removed from the phone. Under other circumstances, the settlement with the mobile operator will be at a certain periods or at the request of the User. During this period, you authorise Coowry to receive and hold the airtime on your behalf until the amount is settled with the Mobile Operator, and it is credited to your prepaid account or your monthly bill. Therefore, you grant a limited power of attorney to Coowry to collect and consolidate all airtime you have received. This Power of Attorney shall take effect from the date of your first action in the Services. Coowry makes available to you information in the dashboard regarding the amount of airtime you have sent out and the amount you have received and the amount it is still pending to be settled with your Mobile Operator. This information is for reporting and informational purposes.

9. YOUR INSTRUCTIONS

You shall ensure that all instructions provided to Coowry through are accurate, complete and true. In particular, the mobile phone number to which you send or request airtime. 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 and Coowry or its service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate or false information by you. Also, if you are a merchant or customer providing products and services to be exchanged using Coowry, as the exchange platform provider, you are responsible for the quality of the products and services and the accuracy or completeness of the information provide. Coowry will not check this information and it is not liable for any error or incompleteness of the information provided by third parties.

10. TRANSACTION HISTORY

We will update information in your dashboard to reflect your transaction history. Information regarding your trades and values with the Service (“Transaction History”) will be available to you when you login to our website. We provide a minimum of one year of Transaction History on our website. Except as required by law, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Transaction History and your use of the Service.

11. REST API

If you have a business account, you will have access to information on how to use our Application Programming Interface (API). This API allows you to access our Service from your application. We take no responsibility for the nature and content of your application.

To access the API, Coowry will provide a public and a private key. You are responsible for maintaining adequate security, control and confidentiality of your private API key. The loss or compromise of this information may result in unauthorized access to your private key, which might result in loss or theft of any airtime in your account. If you believe your account has been compromised, please contact immediately Coowry at support@coowry.com.

12. PRIVACY

Coowry 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 2 above, the Privacy Policy published on this Website shall apply to the use of Data relating to you and shall form part of this Agreement.

13. SECURITY

In accordance with applicable data protection laws, Coowry maintains appropriate administrative, technical, organizational and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized or unlawful processing and accidental loss, destruction or damage.

14. TERMINATION OF THE AGREEMENT

Coowry may terminate this Agreement and withdraw the use of 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. (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. (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.

15. VARIATIONS OF THE AGREEMENT

Coowry reserves the right to modify, amend or vary this Agreement for commercial or legal purposes. If we change the Terms, we will post them in our website and we will change the “last updated” date above. The new Terms will become effective 14 days after they are posted, except for changes that affect the functionality of Coowry or those that for legal reason are effective immediately. If you continue to use the Services after the effective date of the changes, it will mean you accept the new Terms. If you do not agree with the new Terms, you must discontinue using the Service.

16. 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, Coowry 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.

17. INTELLECTUAL PROPERTY

We retain all right, title, and interest (including all copyright, trademark and all other intellectual property rights) in our Services.

Access to the Services does not grant the User any form of right to, or ownership of, the intellectual property rights for the content within the Service. Coowry reserves the right to take any legal action against any User that violates or infringe its intellectual or industrial property rights.

18. 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.

19. LIMITED LIABILITY

Coowry bears no responsibility for the improper, immoral, unauthorized, fraudulent or illegal use of this Service. Coowry, 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 Services. You agree and acknowledge that the Services and content provided through it are provided “as is”. To the fullest extent permitted by law, Coowry makes no warranties in relation to the use and availability of the Services provided through it.

20. COMPLAINS AND CLAIMS

The Users may address their complaints and claims in writing via email to support@coowry.com.

18. GOVERNING LAW

This Website and the provision of Services will be governed by the laws of England. If any claim or dispute arises from your use of the Website or any Services, you agree that the courts of England 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 England and the courts of England shall have exclusive jurisdiction to resolve any disputes in connection with this Agreement, without prejudice to your rights under applicable legislation.