These general conditions can be downloaded or requested digitally via the Elixir Global Group (CellPay) help desk. Click the ‘contact’
link on the website to request the general conditions.
These general conditions take care of contractual conditions for all transactions between consumers and Elixir Global Group (CellPay). All offers and deliveries are only subject to the below sales and delivery conditions. If any stipulation of these general conditions does not apply in the opinion of a judge, for whatever reason, the stipulation in question needs to be replaced by a stipulation based on which parties can still reach their objectives. The remaining stipulations of these general sales and delivery conditions remain in force.
Deviating conditions on the part of the consumer or other agreements that have been concluded are not valid.
By placing your order, you agree to have read these general conditions and our Privacy Statement and you explicitly agree to the contents thereof without further explanation. Elixir Global Group has the right to change its delivery and/or payment terms after termination of the term. Payment orders are at the cost and risk of the one giving the payment order (or authorization). If you are under 18 years old, you need to ask permission from your parents before using cellpay.gm or cellpower.gm
ARTICLE 1. APPLICABILITY OF THESE CONDITIONS.
- These conditions apply to any offer and any agreement between Elixir Global Group (CellPay) and consumers.
- The present conditions also apply to agreements with Elixir Global Group in case third parties need to be involved for the execution.
ARTICLE 2. OFFERS.
- Price offers and other conditions are assumed to have been accepted by consumers. We try to indicate offered products and prices in a correct way. Typing errors or indicated prices are not binding, however.
ARTICLE 3. DELIVERY
- Consumers are obliged to buy purchased goods at the moment at which these are delivered to them or at the moment at which these become available to them according to the agreement.
- Save as otherwise agreed, the place of delivery is the e-mail address and/or mobile phone number that was entered by the consumer in case of delivered prepaid codes or tokens or the recharged mobile phone number, billers’ unique customer ID and/or meter number.
- If necessary, Elixir Global Group is authorized to supply in parts.
- It is the explicit responsibility of the consumer to provide delivery data, such as e-mail address, mobile phone number or home address. In case of incorrect entry, Elixir Global Group cannot deliver any new product, particularly cannot reimburse prepaid recharges, recharge codes or cashpower tokens.
- It is the explicit responsibility of the consumer to purchase the right product. Incorrectly purchased prepaid recharges, recharge codes or cashpower tokens cannot be exchanged if the prepaid recharge or cahspower token has already been delivered in conformity with article 4, section 1, of these general conditions.
- In case of unauthorized use of payment methods (including, among other things, theft, swindling, misappropriation or fraud) Elixir Global Group is authorized to stop delivering products and/or services. In case of suspicion of unauthorized use, Elixir Global Group is authorized to delay delivery of products until a copy of a valid identity document, a copy of a statement of account and a check of the authorized use of the payment method in question by the consumer have been provided by the consumer.of account and a check of the authorized use of the payment method in question by the consumer have been provided by the consumer.
- In case of technical failures, Elixir Global Group is authorized to stop delivering products and/or services. In case an incorrect number of products or products with an incorrect value have been delivered due to failures, consumers are obliged to inform Elixir Global Group thereof and to return any surplus products. If consumers do not return surplus products and/or services, these are considered accepted and will be charged.
- Delivered products or services remain the property of Elixir Global Group until full payment has been made.
- Special conditions right of withdrawal: The right of withdrawal does not apply to prepaid phone credits, prepaid payment cards or unique prepaid codes cashpower tokens of any other kind that have been transferred / displayed to customers or have been recharged to a phone or (digital) prepaid account. Refunds of processed recharges are not possible.
ARTICLE 4. DELIVERY TIME
- Delivery times indicated by Elixir Global Group are approximates and do not involve final terms, but will never exceed actual delivery times by more than 7 days, save force
- In case of failed delivery in time, consumers need to give Elixir Global Group notice of default via the contact form on www.cellpay.gm and allow Elixir Global Group a reasonable term to meet its obligations after all.
- Delivery times may vary depending on the type of payment method selected. Delivery times are indicated at the payment method. Elixir Global Group (CellPay) will never deliver purchased products/services until full payment has been received on the Elixir Global Group account or payment by credit card is confirmed.
ARTICLE 5. INFORMATION, DATA AND INTELLECTUAL PROPERTY RIGHTS.
- General indications and descriptions of items to be delivered by Elixir Global Group, as included in brochures, website, lists and similar items, are only meant as general information instead of quality and/or guarantee indications.
- Elixir Global Group can assume correctness and completeness of information and data provided to Elixir Global Group (CellPay) by consumers.
- Save as otherwise expressly agreed, where appropriate, intellectual property rights to brands, models, drawings, designs, and similar items belong to Elixir Global Group (CellPay).
ARTICLE 6. GUARANTEE.
- Elixir Global Group (CellPay) guarantees that provided prepaid codes and cashpower tokens have not been used at the moment of provision to consumers. After delivery, consumers are responsible for provided prepaid recharge codes and tokens.
ARTICLE 7. DEFECTS; COMPLAINTS TERMS
- Consumers need to check (or have checked) purchased goods upon delivery or after that as soon as possible. Consumers need to check whether the delivered goods correspond with the agreement, namely:
- Have the correct goods been delivered.
- Do the delivered goods correspond with the agreed quality requirements or – if these are lacking - with the requirements that may be assumed for normal use.
- If there is a visible defect or shortcoming, it needs to be reported to Elixir Global Group by the consumer within 3 days after delivery. In case of timely notification, Elixir Global Group retains the right to replace the delivered goods or refund the purchase price. Any other liability is excluded, particularly liability to payment of any damages.
- Consumers are obliged to take necessary measures to minimize damage to delivered goods.
- Consumers are obliged to strictly follow all indications regarding storing and handling delivered goods, which are also described in the accompanied specifications specifically aimed at the delivered goods, or user guide.
- Elixir Global Group accepts no liability whatsoever if the above stipulations are not met.
- Delivered goods that have been rejected by consumers can only be returned to Elixir Global Group if prior written consent has been given by Elixir Global Group.
ARTICLE 8. PRICE.
- Unless expressly indicated otherwise, consumer prices indicated by Elixir Global Group apply
- In GMD.
- including VAT.
- Based on minimum quantities used by Elixir Global Group.
- Including delivery costs.
- In GMD and or USD.
- All USD prices are base on the Central Bank of The Gambia (CBG) benchmark rates.
- Including VAT.
- Based on minimum quantities used by Elixir Global Group.
- Including delivery costs.
|D35 - D100
||D5.00 (SMS & WEB/APP)
|D101 to D200
||D10.00 (SMS & WEB/APP)
|D201 to D500
|D501 - D3,000
|D3,001 - 10,000
|D50 - D10,000
ARTICLE 9. PAYMENT.
- Unless expressly indicated otherwise, consumer prices indicated below by Elixir Global Group apply.
ARTICLE 10. LIABILITY
- Liability of Elixir Global Group (CellPay) is limited to redelivering the goods concerned or refunding the purchase price. If decided otherwise, liability will never exceed the amount of the transaction in question.
- In case of defects to delivered goods, liability as mentioned in article 11 of these conditions applies.
- Elixir Global Group (CellPay) is not liable for indirect or direct damage, including missed profits, mental damage, emotional damage or any other type of damage resulting from Elixir Global Group (CellPay) services.
- In case limited liability is below the level required by law, maximum liability will be limited to the minimum amount allowed by law.
ARTICLE 11. FORCE MAJEURE
- Elixir Global Group has a right to repudiate the agreement entirely or partly or suspend delivery terms, as it chooses, without any obligation to pay damages, in the following cases: Force majeure of any kind whatsoever, mobilization, war, uproar, fire, strikes, transport difficulties, seizure, production interruptions, lack of raw materials and/or energy, disasters, restricting government measures of any kind whatsoever, insufficient performance of company installations that are necessary to observe the agreement, third party supply and service delivery failure, as well as any other circumstance independent of the intention of Elixir Global Group that would have moved Elixir Global Group (CellPay) to abstain from entering into the agreement or to enter into the agreement on different terms if it had been aware thereof.
- Elixir Global Group also has a right to claim force majeure if circumstances that prevent (further) performance appear after Elixir Global Group should have lived up to its commitment.
- During force majeure, the delivery obligations and other obligations of Elixir Global Group are suspended. If the period in which performance of Elixir Global Group obligations is not possible due to force majeure takes longer than weeks, both parties are authorized to repudiate the agreement without any obligation to pay damages.
ARTICLE 12. DISPUTES.
- These conditions are subject to Gambian law. All disputes and differences between the Parties, arising in the course of dealing, are to be settled by the Parties through negotiations. If disputes and differences are not settled by negotiations, the dispute shall be subject to settlement by arbitration in accordance with the rules of the Alternative Dispute Resolution Secretariat of the Gambia.
ARTICLE 13. PRIVACY.
ARTICLE 14. CHANGE AND LOCATION OF CONDITIONS.
- The latest registered version or the version valid at the time of concluding the present transaction applies. Elixir Global Group (CellPay) is authorized to change and supplement these general conditions without declaring a reason.
Elixir Global Group considers privacy of paramount importance. Therefore, protecting your privacy is very important to us.
This privacy statement describes the way we handle your personal information. This privacy statement includes:
- The type of information we collect
- The way we collect information
- The way we share collected information
- The way we save collected information
WHICH TYPE OF INFORMATION IS COLLECTED
In order to place an order on www.cellpay.com, registration is necessary and you will need to enter the following data:
- The number to be refilled
- The cashpower meter number
- The biller’s unique customer number
- You full name
- Your address
- Your own e-mail address
- Your own mobile phone number
- Bank / payment details (your address, in case of some payment methods)
- This information is necessary in order to process your order and to prevent fraud with your credit card, for instance.
Besides, we can contact you based on these data if something goes wrong with your order or we see suspicious transactions with the
data provided by you.During the order process, we will also ask you to subscribe to the Elixir Global Group (CellPay) newsletters and
SMS alerts. We use both to send you service messages/reports and to keep you updated on all current promotions and changes on CellPay.
Registration is entirely voluntary and can be ended at any time. When you choose to unsubscribe,
you will still receive service messages such as order emails, but won't receive any more updates.In order to safeguard your privacy,
we will save data entered during the order process in our own database ONLY. We will not share your data with third parties unless
this is necessary for processing your order. Saved data will only be used for Elixir Global Group services or Elixir Global Group
As soon as you place an order on cellpay.gm, all transaction data are saved. Credit card data, for instance, will not be saved by Elixir Global Group itself, but by a secure payment partner (Payment Service Provider). This ensures the fact that these data are only saved in a highly secured database. Besides data provided by you, we will automatically save and use the below information in order to prevent fraud and to deliver our services well:
- Technical data of your computer
- The IP address used to make the transaction
- The country from which the transaction is made
- The way you visit cellpay.gm
- The browser you use
- The software you use
- Your Internet provider
- The issuing country of the credit card / other payment card
- The site you visited before cellpay.gm (where you came from)
- The site you visit after cellpay.gm (where you go to)
- The number of times you visited cellpay.gm
- The number of transactions you have done
- The products you have bought
- Total value of all your orders
- The carrier of entered mobile phone numbers
- Various other types of personal data to prevent fraud
- These data will never be made public on our website and will only be used to prevent fraud, improve our service, and commercial goals for the Elixir Global Group cellpay.gm website.
Elixir Global Group will only share information with partners that are necessary for processing your order. We will not share personal information with other (commercial) parties without your permission, excluding the below:
- If we are obliged to do so by law. In every case, we will cooperate with official (legal) authorities.
- In case of credit card fraud, chargebacks, illegal or otherwise fraudulent transactions, all information will be shared with payment partners, the police, judicial authorities, and other authorities that do research into the transaction(s) concerned. This also goes for transactions that are suspected to be fraudulent
General information, such as visitor numbers, browser use and traffic statistics can be made public at any time. Such information will never lead to individuals being identified.
Elixir Global Group (CellPay) places advertisements on various websites and other types of media on the Internet. Elixir Global Group (CellPay) cannot influence the content, conditions or policies of these websites. We do not check the content of these websites. Elixir Global Group can never be held responsible for the content, offers or other content or promises of third party websites.
CARRIERS / LIABILITY
Elixir Global Group is only a reseller of telecommunications carriers, utilities companies and other billers that are offered on the website. Therefore, Elixir Global Group (CellPay) is not responsible for the conditions and Privacy Policies used by the telecommunications carriers, utilities companies and other billers. Particularly, it is not responsible for the durability of call credit, energy credit and other services provided by the utility companies and other services providers special actions by the carrier, availability of the refill service or other issues Elixir Global Group cannot influence. If you want more information about the carrier, utility company or biller you want to refill, always check the website of the institution concerned.
Elixir Global Group and its partners only use secure servers for saving personal data and payment details, such as credit card data. All this information is secured using a firewall and SSL. You should take into account, however, that risks are always involved when saving data. In case of a security issue, our liability is limited to the description thereof in the Elixir Global Group General Conditions.