MyStar123.com® Terms and Conditions
MyStar123.com® provides access to long distance services for you to make long distance
telephone calls subject to the terms and conditions set forth in this document.
Please read this agreement carefully before accessing or using this service.
You understand and agree that MyStar123.com® may modify and/or change the agreement
at any time without prior notice.
By purchasing or using the service, you, the user accepts the rates, terms, and
conditions and agrees to be bound by the terms and conditions set forth below.
Eligibility
You are eligible to use this service if you are of legal age, and can form a legally
binding contract under applicable laws. If you are not of legal age, please do not
use MyStar123.com® Internet site.
Customer Service
You may call 1-877-291-9783 between 10:00 a.m. and 12:00 a.m. EST seven days a week,
to contact customer service, to report any problems and to inquire about international
rates, fees, surcharges, access numbers, and country codes.
The Entire Terms and Conditions include the following:
User Conduct
You are solely responsible for the transmission of information when you access MyStar123.com®
Internet site and should make every effort to safeguard your access and assigned
PIN number. MyStar123.com® is not responsible for unauthorized use or access to
your account information.
You agree not to use your access for intrastate dialing, to place 500, 700, 800,
888, 877, 866, 855, 900, 976, 411, or 555 number calls, or to place certain toll-free,
operator-assisted, third-party billed, directory assistance or collect calls.
You agree that calls made using a toll-free access number (e.g., 1-800, 1-888, etc.),
are assessed an additional fee of $0.02 per minute. Rates vary and are subject to
change.
Calls are billed in increments of one minute. For example, the first minute or fraction
thereof is billed as one minute, and each additional increment or fraction thereof
will be billed at an additional minute.
Fraud
Unauthorized Users/Lost/Stolen Credit Cards
Unauthorized use and/or credit card fraud is a criminal offense. You must take the
necessary precautions to safeguard your card at all times. Reduce your risk by reviewing
your statement regularly. If you notice any fraudulent activities you must report
it immediately to your credit card company and to the customer service number provided.
This reporting should be followed by written documentation with your personal identifying
information and the erroneous charges to your account. Once we received proof of
the fraudulent charges we will investigate the matter immediately and take appropriate
action which may include blocking the account from further charges. It is your responsibility
to report this fraud to the proper authorities such as the police, and other responsible
government agencies. We will assist the law enforcement agencies by providing supporting
documentation of the fraud upon request. We are not responsible for unauthorized
charges to your account but will assist in every way possible to resolve the situation.
Cancellation of Account(s)
We reserve the right to cancel your account at our sole discretion in case of any
suspicious activities involving your account. In case your account is canceled any
unused funds will be refunded to the original credit card with which the account
was opened or reloaded. If your account is canceled, you may contact our Customer
Service Department for further information. We must receive written notification
within 10 business days and we will investigate the circumstances.
Representations and Warranties
You represent that all information provided by you in connection with your use of
the service is accurate and current. The service is provided to you “as is”. MyStar123.com®
makes no representations or warranties of any kind whatsoever, express or implied,
in connection with this agreement including available number of minutes to a particular
country or remaining number of minutes to a particular country. Any marketing material,
rate table, or voice prompts that refer to such information do not account for the
charges, fees, rates, assessments, and incremental billing described above.
Limitation of Liability and Warranties
You acknowledge and agree that MyStar123.com® will not be liable under any circumstances,
for any indirect, special, incidental or consequential damages of any kind or for
any failure of performance due to causes beyond its control, including, but not
limited to, Acts of God, fires, floods or other catastrophes, national emergencies,
insurrections, riots or wars, strikes, lockouts, work stoppages or other labor difficulties,
preemption of existing services in compliance with any law, order, regulation or
other action of any governing authority or agency thereof.
No warranties. The service and the site, including any content or information contained
within it is provided “As is” and “As” available” with no technical support or representations
or warranties of any kind, either expressed or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose, system
integration, title and non-infringement. In particular, but without limitation,
MyStar123.com® does not warrant that the service will be uninterrupted or error
free, that defects will be corrected, or that this site or the server that makes
it available is free of viruses or other harmful components. MyStar123.com® does
not WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THIS SITE AND THE SERVICE , INCLUDING, BUT NOT LIMITED, USE THAT
RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
Indemnification
You agree to defend, indemnify, and hold us, our Affiliates and representatives
and any other service provider, harmless from claims or damages relating to this
Agreement or your promises or statements made in it and use of the Service. This
paragraph shall survive termination of this Agreement.
Any dispute or claim arising out of or relating to this Agreement or service provided
in connection with this Agreement will be resolved by binding arbitration except
that (1) you may take claims to small claims court if they qualify for hearing by
such a court, or (2) you or we may choose to pursue claims in court if the claims
relate solely to the collection of any debts you owe us. However, even for those
claims that may be taken to court, you and we both waive any claims for punitive
damages and any right to pursue claims on a class or representative basis.
Arbitration Procedures
You must first present any claim or dispute to us through Customer Service. If the
dispute cannot be resolved with Customer Service you may present your claim in writing
at the address provided on MyStar123.com® website, to allow an opportunity to resolve
the dispute. You may request arbitration if your claim or dispute cannot be resolved
in 60 days. The arbitration of any dispute shall be conducted in accordance with
the American Arbitration Association. Any arbitration will take place in Miami-Dade,
Florida. An arbitrator may not award relief in excess of or contrary to what this
Agreement provides, order consolidation, or class arbitration, or award punitive
damages or any other damages aside from the prevailing party’s actual damages, except
that the arbitrator may award on an individual basis damages required by statute
and may order injunctive or declaratory relief pursuant of an applicable consumer
protection statute. Any arbitration shall be confidential, and neither you nor we
may disclose the existence, content or results of any arbitration, except as may
be required by law or for purposes of the arbitration award. If any portion of this
arbitration clause is determined by a court to be inapplicable or invalid, then
the remainder shall still be given full force and effect.
Arbitration Expense
All administrative fees and expenses of arbitration will be divided equally between
you and us. In all arbitrations, each party will bear the expense of its own lawyers
and preparation.
Waiver of Punitive Damage Claims and Class Actions
By this Agreement you and we are waiving certain rights to litigate disputes in
court. If for any reason this arbitration clause is deemed inapplicable or invalid,
you and we both waive, to the fullest extent allowed by law, any claims to recover
punitive or exemplary damages and any right to pursue any claims on a class or consolidated
basis or in a representative capacity.
Privacy
We are not liable for any lack of privacy you may experience while using the Service.
We have the right to intercept and disclose any transmissions over our facilities
and to provide subscriber billing and call records and related information under
certain circumstances (for example, in response to lawful process, warrants subpoenas
or to protect our rights or property). For more information, please see our Privacy Policy.
Assignment
We may assign all or part of this Agreement without such assignment being considered
change to the Agreement and without notice to you. We are then released from all
liability. You may not assign this Agreement without our prior written approval.
Governing Laws
This Agreement shall be governed by, enforced and construed in accordance with the
laws of the State of Florida.
Entire Agreement
These general Terms and Conditions represent the entire agreement between you and
us and supersede all prior offers, contracts, agreements and representations. This
agreement supersedes all promises made to you by our client services agents, representatives
or employees. If any part of this Agreement is found invalid, the balance remains
enforceable.
ADDENDUM TO MYSTAR123.COM® TERMS AND CONDITIONS
MyStar123.com® is now offering its customers additional service and flexibility to
use and service their prepaid calling service. The new services are as follows:
Refer –A- Friend, Star Rewards Program, and Text Recharge and Auto Recharge, which
are specifically designed to make the customer experience more convenient.
Refer-a-Friend
A Qualified Referral is defined as a person (a "Referred Subscriber") who signs
up and completes at least one online recharge at the
www.MyStar123.com site. And who has not previously recharged on the Site.
Only five Star Rewards can be earned for each Referred Subscriber. Any additional
or subsequent recharges made by a Referred Subscriber at the Site will not be considered
as Qualified Referrals.
A Member in good standing is a person who has properly joined and recharged on the
Site in accordance with the terms and conditions of MyStar123.com®;. She/he must have
kept their account active, and has not violated the terms of use policy.
A Referring Subscriber cannot refer themselves using the Refer-A-Friend program.
For each Qualified Referral, five Stars will be automatically added to the Star Rewards
account of the Referring Subscriber after the Referred Subscriber has registered
and recharged their new account. If the Referring Subscriber or Referred Subscriber
cancels their account before the Referred Subscriber has recharged, than neither
the Referring Subscriber, nor the Referred Subscriber will receive their respective
bonus.
The amount earned for Qualified Referrals is subject to change by MyStar123.com®
at any time without advance notice.
MyStar123.com® expressly reserves the right to close the account(s) of any Referring
Subscriber and/or Referred Subscriber if it suspects that an account was opened
fraudulently or use and/or attempts to use the site in breach of these Terms and
Conditions or in violation of any statute or governmental regulation. MyStar123.com®
will have no obligation to pay any referral bonus if it determines that the Referring
Subscriber or Referred Subscriber has violated these Terms and Conditions.
MyStar123.com® reserves the right to cancel the Refer-A-Friend Program or to change
these Terms and Conditions at any time in its sole discretion.
Star Rewards Program:
Star Rewards are earned by visiting www.mystar123.com
and completing an online recharge (account log-in not required). Five points are
earned when a referred friend (account log-in required) registers and completes
an online recharge. After collecting ten (10) Star Rewards, you will earn Ten USD
($10) worth of MyStar123 International Minutes. No Action is required to redeem
your rewards; the predefined amount will be automatically credited to your MyStar123
account. Star Rewards cannot be exchanged for cash. Auto-Recharges, Text (SMS) Recharges,
and Retail Recharges do not qualify for Star Reward Points.
Text Recharge
The new “Text Recharge” feature allows the customer to receive a low balance reminder,
and recharge their MyStar123.com®; account via text message. The customer will set
the desired threshold limit for reminders, $5 is the point when
a low balance text alert is automatically sent via text message. Customers who choose
the text recharge option have the option to reply to and initiate a recharge to
their MyStar123.com®; account via Text (SMS) from their primary phone associated with
their account ONLY.
By accepting this option, you, the customer are authorizing MyStar123.com®; to charge
your credit card on file for recharges initiated via Text (SMS) message. The text
recharge feature can only be accessed through your primary phone associated with
your account on record.
You have the option to disable text recharge at any time by simply logging into
your account and choosing the disable option on the Text Recharge set up page.
Customers are automatically “opted in” to receive marketing and promotional messages
via Text (SMS) but have the option to “opt out” at any time.
Auto Recharge
The other new recharge feature is the “Auto Recharge” feature, which operates based
upon a low balance reminder. The customer will establish a desired “Low balance
limit”, at which point they want to recharge their MyStar123.com®; account. The customer
will set the desired threshold limit at $5 as the point when MyStar123.com®;
account is authorized to recharge automatically with a predefined amount of $10,
$15, or $20.
By accepting this option, you, the customer are authorizing MyStar123.com®; to charge
your credit card on file for Automatic recharges to be posted to your MyStar123.com®
account.
You have the right to disable Auto-recharge at any time by simply logging into your
account and choosing the disable option on the Auto-recharge set up page.
If an auto-recharge transaction is declined three (3) times consecutively, Auto-recharge will automatically be disabled. It will remain disabled until customer reviews the credit card on file and manually re-enables Auto-Recharge. During this period of Auto-recharge deactivation the customer is not eligible to receive any promotional balances.
Auto recharge is based on the balance threshold set by the user. If a manual recharge is completed and increases the account balance, Auto-recharge may be delayed.
User Conduct
You are solely responsible for the transmission of information when you use MyStar123.com®
service and therefore should make every effort to safeguard your access personal
information/PIN number. You must notify us immediately upon becoming aware of any
unauthorized use of your PIN. MyStar123.com® is not responsible for any unauthorized
use or access of your account information. To enhance your experience, the following
is provided:
- Customer must select a “primary number” from their list of ANI’s and each Primary
will be subject to verification via a phone call.
- Customers are required to register to the site prior to using any of the recharge
options available including: Quick Recharge, Online Recharge, Text recharge and
Auto-Recharge (Note: This is regardless of whether or not they were a retail customer).
- Customers are allowed to store a maximum of three (3) credit cards on their account.
Fraud Protection
MyStar123.com® is very aware and vigilant about unauthorized use and/or credit card
fraud, which is a criminal offense. MyStar123.com® systems and partners are set up
to collect and confirm proper credit card authorization. Our system is geared to
track every transaction and if any fraudulent transaction is found, we are equipped
to detect and apply the appropriate measures.
MyStar123.com® is keenly aware that in order for our customers to utilize our services
they have to provide their credit card and personal information and as such are
very sensitive to protecting your privacy. To that end we, MyStar123.com® are in
compliance with PCI standards, which is the Payment Card Industry standard that
ensure that customer data and other sensitive information are kept in a confidential
manner and cannot be violated.
We do not provide Your Personal Information to third parties for the marketing of
their services to you. You consent to the collection, use, and disclosure of your
Personal Information as set forth in this Addendum to MyStar123.com® Terms and Conditions.
However, MyStar123.com® allows Customers to opt-out of receiving marketing communications
from us or our affiliates during registration and any time thereafter by sending
an e-mail request to our customer service at mystar123help@qpaynet.com