TERMS AND CONDITIONS 

PURCHASE OF DIGITAL DONATION CARDS FOR HURRICANE MELISSA RELIEF

Please read these Terms and Conditions carefully before accessing or using this website and the services provided therein.

These terms and conditions govern the provision of services (“Services”) to you by Digicel both within the Digicel International website (“Applications”).

These terms and conditions govern the purchase of digital donation cards via the Application. Diaspora Talktime Inc. (“Diaspora”) has partnered with its affiliates including Digicel Foundation (“Foundation”) for the facilitation of this relief service.

The following documents and terms are incorporated into this Agreement and form a part of these Terms:

By completing the purchase of a digital donation card, you acknowledge and agree that you have read the terms and conditions of the Application as well as the Terms and Conditions hereunder (the “Terms”), understood these Terms, and expressly agree to be bound by this Terms.

1. Definitions

  • 1.1. For the purposes of these Terms:
    • 1.1.1. “Application” means the Digicel International website.
    • 1.1.2. “Digicel” means The collection of entities with common ownership and/or control by Digicel Holdings (Bermuda) Limited, where “ownership” means the ownership of not less than 25% of the voting rights or shares in the entity, and “control” means (a) influencing or controlling the board of directors, who are responsible for overseeing the company's management and making significant strategic decisions; (b) controlling the majority votes in the entity.
    • 1.1.3. “Donation” means the purchase of a digital donation card through the Application.
    • 1.1.4. “Donor” means you, or any person using the Application to purchase a Donation.
    • 1.1.5. “Donation Card” means a non-redeemable, non-cash digital instrument representing a specified monetary amount, the full face value of which is remitted as a charitable donation to the Foundation upon purchase by the Donor. Donation Cards are delivered electronically to the Donor and do not constitute stored-value cards, gift cards, or prepaid payment instruments.
    • 1.1.6. “Donation Period” means the period beginning November 10, 2025, and ending December 31, 2025, unless extended at the Sole discretion of Digicel.
    • 1.1.7. “Merchant” means BlinkSky Inc., the third-party payment processor responsible for processing the Donations purchased through the Application

2. Donation Instructions

  • 2.1. The Application accepts payment via credit/debit card, bank transfer, and approved third-party e-wallet providers (collectively, “Payment Methods”). Available Payment Methods may vary by location and may change from time to time at the Sole discretion of Digicel.
  • 2.2. The Application must be accessed via a compatible internet browser.
  • 2.3. To initiate a Donation, the Donor shall select the “DONATE NOW” option within the Application. The Donor will then be directed to a page displaying the available Donation Cards.
  • 2.4. The Donor must select their preferred Donation Card and enter the following information when prompted: full name, telephone number, email address, and credit/debit card information (the “Payment Details”).
  • 2.5. After entering the Payment Details, the Donor must select the “BUY” option to confirm the Donation.
  • 2.6. Upon selection of the “BUY” option, the Donation transaction will be processed.
  • 2.7. All payments made through the Application are processed by the Merchant. Once processed, the funds corresponding to the face value of the Donation will be transferred by the Merchant to Diaspora, which will remit the full face value of the Donation to the Foundation in accordance with these Terms.
  • 2.8. By confirming that you wish to proceed with your Donation you authorize the Merchant to process the payment.
  • 2.9. It shall be the sole responsibility of the Donor to read and understand the Merchant’s terms and conditions. By using the Application, the Donor agrees that he has read, understood and agreed to the Merchant’s Terms and Conditions.
  • 2.10. Donors will receive a confirmation email upon successful completion of a Donation.
  • 2.11. This is an additional limited time service and will run during the Donation Period. The Donation Period may be extended at our sole discretion and without any liability to Digicel whatsoever.

3. Our Commitment

  • 3.1. Diaspora will match the full face value of all Donations received through the Application to a maximum total of US$10,000.00 (“Digicel Contribution”).
  • 3.2. Diaspora shall collate all Donations purchased through the Application and transfer 100% of the proceeds to the Foundation.

4. Donor Representation and Warranties

  • 4.1. The Donor represents and warrants that:
    • 4.1.1. They are the legal and authorized holders of the credit or debit card used to purchase Donations via the Application;
    • 4.1.2. Funds used to purchase Donations via the Application are from legal sources, and that they are not the proceeds of any criminal or illicit activity or enterprise; and
    • 4.1.3. They will not use or attempt to use the Application to facilitate fraudulent activity, including payment reversal scams or overpayment schemes.

5. Digicel Representation and Warranties

  • 5.1. Digicel represents and warrants that:
    • 5.1.1. It is a duly incorporated company under all relevant legislation; and
    • 5.1.2. The Application is provided as is with no further representations or warranties outside of what is provided for in these Terms.

6. Liability and Indemnification

  • 6.1. You agree to indemnify, defend, and hold harmless Digicel, and their affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your breach of these Terms or misuse of the Service or Application.
  • 6.2. The Application acts solely as a platform to facilitate the purchase of Donations. While Digicel uses reasonable efforts to maintain the availability, accuracy, and security of the Application and its payment processing functionality, Digicel does not guarantee and is not responsible for:
    • (a) the continuous, uninterrupted, or error-free operation of the Application;
    • (b) any failure, delay, interruption, or inability to process payments or donations for any reason, including but not limited to technical issues, system outages, maintenance, third-party service provider failures, telecommunications or network problems, or events beyond the Operator’s reasonable control; or
    • (c) any unauthorized or fraudulent use of the Application or any payment method.
  • 6.3. Digicel may rely on third-party value distribution platforms such as the Merchant, to process transactions on its behalf pursuant to the provision of the Services hereunder. Accordingly, Digicel disclaims all liability for any loss, damage, or liability arising from or related to the acts, omissions, errors, or failures of such third parties.
  • 6.4. Digicel further reserves the right to change its third-party value distribution platform or payment processor at its sole discretion without notice to you.
  • 6.5. To the fullest extent permitted by law, Digicel shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of funds, loss of data, loss of goodwill, or any other losses arising out of or relating to the use of, inability to use, or reliance on the Application or its payment processing functions. Donors acknowledge that they purchase Donations at their own discretion and risk.
  • 6.6. Nothing in this clause shall exclude liability which cannot be excluded under applicable law.

7. Refund Policy

  • 7.1. If you believe an error has been made in your Donation, please send an email to support@blinksky.com within three (3) business days with all relevant details. Provided the Donation Period has not expired and there is a legitimate donation error, a full refund of the Donation amount may be facilitated.
  • 7.2. Failure to provide notice within the specified time period shall result in the Donation being deemed final, processed, and non-reversible. Digicel shall bear no liability for anyDonation made in error where timely notification, as outlined herein, has not been received.

8. Amendment

  • 8.1. Digicel reserves the right to amend these Terms and Conditions at any time, including during or after the Donation Period.

9. Data Protection and Security

  • 9.1. All data collected through the Application is processed in accordance with our Privacy Policy and applicable data protection laws. We implement appropriate technical and organizational measures to safeguard your data against unauthorized access, disclosure, alteration, or destruction.
  • 9.2. By using the Application, you are giving express consent for Digicel to process your personal data for the provision of the Services.

10. Payment Disputes and Chargebacks

  • 10.1. Certain Payment Methods are operated by third-party service providers (“Payment Service Providers”) and not by Digicel. We do not own, control, or operate any Payment Service Providers, and we are not responsible for their performance, availability, security, or any acts or omissions. The Donor’s use of any Payment Method is subject to the separate terms, conditions, and policies of the relevant Payment Service Provider, including any applicable refund, dispute, or chargeback processes.
  • 10.2. We are not responsible for, and shall not be liable in respect of, any issues arising from or in connection with your use of a Payment Method, including payment failures, processing delays, unauthorized transactions, or chargebacks, except to the extent such liability cannot be excluded under applicable law.
  • 10.3. In the event of a payment dispute or chargeback initiated by your financial institution or third-party Payment Service Provider, you agree to notify the Merchant promptly at support@blinksky.com. We reserve the right to suspend or cancel your Donation if a chargeback is initiated.

11. Governing Law and Jurisdiction

  • 11.1. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Miami Dade County, Florida USA.

12. Termination or Suspension of Service

  • 12.1. Digicel reserves the right to suspend or terminate the Donation service or Application at any time, with or without notice, for any reason including but not limited to suspected fraud, technical issues, or breach of these Terms. In such cases, Digicel will make reasonable efforts to process any pending Donations.

13. Intellectual Property

  • 13.1. The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in us or its licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.
  • 13.2. Save where otherwise specified, the Intellectual Property Rights and contents of all the Application are owned by us or its licensors.

14. Force Majeure

  • 14.1. Digicel shall not be in breach of our obligations under this Agreement if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labor disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.

15. Security, Maintenance And Availability

  • 15.1. You 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. In consequence we cannot guarantee the privacy or confidentiality of communications via such media although it will put in place security measures to protect these methods of communications.
  • 15.2. From time to time, it may be necessary to or desirable for security reasons, maintenance, upgrades or other reasons to make certain or all of the Services unavailable to you. In instances where this is necessary, Digicel shall use all commercially reasonable efforts to notify you.

16. Severability

  • 16.1. If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).

17. Waiver

  • 17.1. Any waiver by us of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege that we have or may have, operate as a waiver of any breach or default by you.