Payment & Refund Policy

The following Payment & Refund Policy (“Policy”) applies to all users and describes how your payments are made to MMDSmart Ltd. (“MMDSmart ”, “we”, “us” or “our”) in connection with our website, www.mmdsmart.com, (“MMDSmart Site”), the MessageWhiz website, www.messagewhiz.com, (“Messagewhiz Site”), the MMDSmart software (“Application”), and other products and services provided on the MMDSmart Site (all of the foregoing, collectively, “Services”).

By using the Services, you are accepting the terms, conditions and policies described in this Policy, as may be amended from time to time. Each time you use the Services and/or pay for a Service on the MMDSmart Site, the Messagewhiz Site, or our Applications, you agree and expressly consent to the following.

1.Payments

If you are under the age of 18 you need your parent or guardian to be involved in order to make any payments to MMDSmart .

All payments made by you to MMDSmart are subject to MMDSmart Terms of Service.

Credit. You can purchase credits (“Credit”) using any payment method made available to you by MMDSmart . You agree that you are not relying on the future availability of any feature or product offered through the Service in agreeing to or making payments hereunder.

Credit Balance. Credit Balance is the amount of money that remains at your MMDSmart account after you used the Services at MMDSmart . When you intend to use the Service, you must ensure that the Credit Balance of prepayment monies received from you by MMDSmart is in credit. The amount of such prepayments is at your sole discretion. The Service will be made available to you after the payment is received by a bank account of MMDSmart

Foreign Currency. If you pay with foreign currency, you agree that the amount you are eventually credited may vary as a result of foreign currency conversion policies of our third-party payment processors, which you can find at the relevant website or location where you make the actual purchase. 

Recurring Charges. If you purchase a service from MMDSmart on a subscription basis, you agree that this type of Service requires a recurring payment and all payments shall be made by the payment method and payment intervals selected by you at the time you initiate the purchase, until you terminate the subscription.

Third Party Payment Processors. We use the services of third parties to process your payments and we require that these third parties take the appropriate organizational and technical measures to protect your personal data and traffic data and to comply with relevant laws. Please review the terms of use and privacy policies of those third parties before providing your banking or payment information.

Payment Through Third Party Services. When you make a purchase within the Application, or the MMDSmart Site, or the Messagewhiz Site through third parties, your purchase is also subject to the terms of such third party (including with respect to payment terms, refunds, etc.), and you should read such applicable terms before you decide to complete the purchase. You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. You also acknowledge that a bank or credit card company may refuse or cancel a transaction and freeze funds up to 14 business days as per the bank/credit card company policy. You also agree to the sharing of information between us and such third-party payment processor for billing related activity.

Credit Card Payments. We accept credit cards only with 3D Secure for payments within the Messagewhiz Site to make your transactions more secure. Payments within the Messagewhiz Site from credit cards without 3D Secure will be rejected, and transactions will not be completed.

Fees and Taxes. You are solely responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your access to and use of MMDSmart Services.

Using the Service on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator as the case may be. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

MMDSmart may refuse or cancel a transaction at any time in our sole discretion, if we believe it violates MMDSmart Terms of Service or this Payment & Refund Policy or to prevent financial loss. In cases of fraud or illegal acts, MMDSmart may cancel or block your Credit Balance.

2.Refund

Except as provided by law, all purchases are final and non-refundable. Taxes are non-refundable. If you believe that MMDSmart has charged you in error, you must contact MMDSmart within 30 days of such charge. No refunds will be given for any transaction which is more than 30 days old. When you purchase any digital content or services from MMDSmart , any right you may have to withdraw from or cancel the purchase will be terminated once the digital content is delivered to you upon your request, and you will not be entitled to claim any refund, except where you believe MMDSmart has charged you in error. If you use third party services to purchase any of our Services, such purchase is subject to the refund terms of the applicable third party (including with respect to payment terms, refunds, etc.).

MMDSmart reserves the right to refuse a refund request if it reasonably believes or suspects (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature, or by trying to receive a refund for a non-refundable credit (such as a reward); (ii) that you are in breach of the terms of  Policy, MMDSmart Terms of Service, the MessageWhiz General Terms & Conditions or the Privacy Policy; (iii) that you are using any of our products fraudulently or that your user account is being used by a third party fraudulently; or (iv) that you purchased your credit through a third party service and the terms of such third party do not allow such refund. This refund policy does not affect any of your statutory rights to pursue a claim.

For all refunds due to an error in your payment amount please email disputes@mmdsmart.com quoting your company address, full name, contact number, and reason for requesting a refund. The accounts department will deal with your query at the earliest possible opportunity and may ask for some additional details to process your refund.

Billing Disputes. Any billing disputes raised by you to MMDSmart will be settled in accordance with the MMDSmart Terms of Service. A pending billing dispute does not exempt you from timely paying any undisputed amounts that you owe.

3.Sharing Information

We may, if required, share the details of your payment and your Personally Identifiable Data, as defined in our Privacy Policy with third parties, in order to prevent a financial loss to you or us, or to prevent a violation of law.

4.Legal

The general legal terms appearing in the MMDSmart Terms of Service, MessageWhiz General Terms & Conditions and Privacy Policy of MMDSmart also apply to this Policy.

In the event you read this Policy in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.

5.General

If you have any questions regarding our Payment & Refund Policy, please contact MMDSmart via our contact page on our website or by sending an email to contracts@mmdsmart.com.