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.

Low Usage Fee

As of August 1, 2012, a low usage card fee of USD $0.49 per week will be assessed on PIN balances that have both no usage and no recharges for at least one year to allow mystar123.com® to recover the costs associated with maintaining service availability for customers with minimal usage. This fee is designed to allow for the recovery of costs relating to operating and maintaining its access and transmission networks, continuing the availability of high quality customer service representatives, preserving the viability of its billing and rating platform, safeguarding system security, and sustaining the continued support services necessary for inventory tracking.

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