This user agreement is effective as of February 01, 2023.
HI, WELCOME TO OOBIT!
REPRESENTATIONS AND WARRANTIES
OPENING AN OOBIT ACCOUNT
To create a personal account, you must be at least 18 years old or the age of majority in your state of residence and use a cellular/wireless telephone number. Your Oobit account is a personal account unless you have received our express written approval to open a business account.Personal Oobit accounts let you do things like:- Make payments with friends through the "Pay Friends" Service.- Transfer funds for purchases of goods and services through the "Tap to Pay" Service.- Buy, Sell, hold, and convert 35+ crypto assets.Please remember that personal accounts may not be used to conduct business, commercial or merchant transactions with other personal accounts, if you choose to do so, the responsibility will apply to you and you are obligated to follow any relevant law, including payment of any taxes applicable to the transaction.
CLOSING AN OOBIT ACCOUNT
You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your Oobit account even after the Oobit account is closed. Any incomplete transactions or transfers must be completed or cancelled and you must transfer any funds from any personal or business profiles of your Oobit account before closing it.In certain cases, you may not close your Oobit account, including:- To evade an investigation.- If you have a pending transaction or an open dispute or claim.- If you owe amounts to us.- If your Oobit account is subject to a hold, limitation or reserve.
OUR RIGHT TO DECLINE, SUSPEND OR CLOSE YOUR ACCOUNT
RECEIVING FUNDS INTO YOUR OOBIT ACCOUNTADDING FUNDS
If we have verified the required identifying information that you provide to us, Oobit may offer you the ability to add funds to your Oobit balance from an External Wallet, by purchase crypto using a debit or credit card or Receiving funds from one of your contacts, subject to the applicable fees found on the Oobit website. Otherwise, you cannot add funds.
We determine eligibility for Direct Deposit in our sole discretion. If you are eligible for Direct Deposit, you will see the Direct Deposit feature in your Oobit app settings.Direct Deposit and the earlier availability of funds are subject to the timing of the payer's funding. Funds transferred via Direct Deposit generally will be available on the day the funds are applied to your account. Because we do not receive funds via Direct Deposit instantly, there will be some delay between the payment being initiated by the payer and the payment arriving at Oobit.
HOLDING FUNDS IN YOUR OOBIT ACCOUNTDIGITAL ASSET CUSTODY AND TITLE
All Digital Assets, including Received Assets, held in your Oobit Account are custodial assets held by Oobit for your benefit, as described in further detail below.
OWNERSHIPTitle to Digital Assets shall at all times remain with you and shall not transfer to Oobit, except as provided herein. All interests in Digital Assets we hold for Oobit Accounts are held for customers, and are not property of Oobit. As the owner of Digital Assets in your Oobit Account, you bear all risk of loss of such Digital Assets. None of the Digital Assets in your Oobit Account are the property of Oobit. Oobit does not represent or treat assets in your Oobit Account as belonging to Oobit.
You control the Digital Assets held in your Oobit Account. At any time, subject to outages, downtime, a court order, and/or other applicable policies, you may withdraw your Digital Assets by instructing Oobit to debit the applicable Digital Asset from your Oobit Account and transferring the Digital Assets to an External Account.
TRANSFERRING FUNDS OUT OF YOUR OOBIT ACCOUNT
Funds in your Oobit account may be transferred out of Oobit by:- Transferring it via external wallet;- Transferring it via contact;- Transferring it via Instant Transfer to an eligible debit card (coming soon);- Transferring it via Instant Transfer to bank account (coming soon);Fees and limits may change from time to time in our sole discretion.You may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to funds in it or that is sent to you until verification is completed. Reviews may result in:- delayed, blocked or cancelled transfers;- funds or payments being held by us;- funds or payments being applied to amounts you owe to us or used to offset loss incurred by us;- account limitation, suspension or termination;- funds or payments being seized to comply with a court order, warrant or other legal process; and/or- funds or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Oobit account, or if you were a participant in a transaction for goods and services between two personal accounts.OOBIT SHOULD ONLY BE USED TO TRANSACT WITH PEOPLE YOU KNOW AND TRUST. DO NOT USE OOBIT TO TRANSACT WITH PEOPLE YOU DON'T KNOW, ESPECIALLY IF THE PAYMENT INVOLVES THE PURCHASE OR SALE OF A GOOD OR SERVICE. OOBIT SHOULD EXPRESSLY AUTHORISES YOUR PAYMENT FOR A GOOD OR SERVICE, FOR EXAMPLE, TRANSACTIONS WITH AN AUTHORISED MERCHANT OR BUSINESS PROFILE, TRANSACTIONS MADE WITH YOUR OOBIT CARD, OR PAYMENTS THAT ARE IDENTIFIED AS FOR GOODS AND SERVICES. IF YOU USE OOBIT TO CONDUCT AN UNAPPROVED TRANSACTION AND WE LATER REVERSE THE PAYMENT (WHICH COULD OCCUR IF IT IS DETERMINED THAT THIS AGREEMENT WAS VIOLATED OR IF THE PAYMENT WAS MADE USING A COMPROMISED PAYMENT METHOD OR ACCOUNT), YOU COULD LOSE BOTH THE UNDERLYING GOODS OR SERVICES AND THE FUNDS SENT FOR THEM.
MAKE PAYMENTSPAY FRIENDS / CONTACTS
Pay Friends is convenient and fast Service through the App allows transferring, receiving or requesting Crypto between Oobit users or between external contacts by charging the sender's Account on the one hand and crediting the Recipient's Account on the other, whether it is an Oobit Account or if It's an external Account.In order to use the "Pay Friends" Service, upon downloading the App, You will be asked to authorise the App to access your phonebook, the camera on the device, the notification Service (alerts), the NFC component in the device, and permission to access the read phone state components in the device.We collect information about the device from which the registration for the App is made, for example the type and model of cell phone, the type of operating system and its version and IP address. We may also collect information by granting access permissions that you will be asked to grant through your device at the time of registration for the App and during its use, inter alia, for the purposes of providing services in the App and / or for security purposes and for analysis, segmentation and statistical information.
TRANSFER AND RECEIVE CRYPTO THROUGH THE APP
In order to receive / transfer Crypto by using the "Pay Friends' ' Service You will have to download the Oobit App to your supporting device and join the Service by registering as an Oobit User. In order to transfer Crypto, You will be required to Click the "Pay" button on your App, then You may choose between "Transfer to a number" or paying by using a QR code. By choosing "Transfer to a number" you will be required to enter a valid phone number from your contact list, this number represents the contact person to whom you wish to transfer the Crypto to (the: "Recipient"). For payment using a QR code you will be required to click on the "Scan" icon in the App and scan the designated QR code.You will be required to indicate the amount you wish to transfer, You may also specify the reason for the transfer; then you will have to enter your password. After successfully entering the requested details, the App will send a message to the Recipient; In order to receive the Crypto, the Recipient must confirm the transfer. A Recipient who does not use the Oobit App will be required to download the App and join the Service.The Crypto will be transferred to the Recipient's Oobit Account, immediately upon the Recipient's confirmation. You will receive a push notification (SMS) from the App once the Crypto was successfully received by the Recipient. You can also review "Transfer status" in the App Menu.If the Recipient has not responded to your notice within three (3) days, the Recipient's digital Account will not be credited. If you wish to re- send it, you will have to initiate a new request.In order to receive Crypto, You will receive a Push Notification from the App and an Email stating that a Crypto transfer request is awaiting approval (If the User does not have an Oobit Account he will be notified via Text Message). You will be required to approve the request, once the request is confirmed the Crypto will be transferred to Your Account. When receiving a transfer request to receive Crypto to your Account - You must make sure that you recognize and know the sender of the request as well as the phone number from which the request came; we recommend that you thoroughly verify the identity of the Sender and the reason for the transfer before approving the request. If there is still a concern, instead of approving the request, we highly recommend you decline it.You will verify that the information entered by you for the purpose of using the "Pay Friends" Service is correct and accurate, including but not limited to the telephone number of an external user. You acknowledge that Oobit will not be responsible for any direct or indirect damages occurring as a result of inaccurate or incorrect information entered by You.Please be aware that a request for payment or a demand for payment does not constitute evidence of the existence of a debt between the parties, making a payment through the App will not serve as evidence of the existence of any debt and cannot be used in court as evidence of debt but only as evidence of payment
Please be aware that a Transfer cannot be cancelled after confirmation by the Recipient or in case any transfer was sent to you and approved by you. Oobit is not responsible for, and cannot assist with recovery of, a loss of cryptocurrency funds incurred by you in case of an error in selecting Recipient, error in entering a phone number or any Crypto transfer resulting from any User's direct or indirect error.
FEES, CHARGES AND ADDITIONAL INFORMATION
TAP TO PAY IN-STORE - (COMING SOON)OOBIT'S TOKEN ("OBT")
Business activities, Apps and services that are available or may become available in the future on the App may provide payments and/or incentives delivered in the form of Tokens ("OBT"), which are cryptocurrencies subject to a high degree of risk and volatility, and which may be illiquid and difficult to value.As a condition precedent to your use of the App, you understand, acknowledge, agree, covenant, represent and warrant as follows:(A) you shall make your own investigations and evaluations of any digital cryptocurrencies/ tokens (i.e. OBT);(B) you shall inform yourself as to the legal and regulatory requirements applicable to yourself in respect of the acquisition, holding, trading and disposition of OBT upon delivery, and as to the income and other tax consequences of such acquisition, holding, trading and disposition;(C) notwithstanding anything contained herein to the contrary, you specifically acknowledge and agree that trading and/or transaction in/ with OBT may be prohibited in certain jurisdictions including, without limitation, UNITED STATES OF AMERICA AND ITS TERRITORIES, CANADA, DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA (NORTH KOREA), CUBA, SYRIA, IRAN, SUDAN, CRIMEA REGION OF UKRAINE, PEOPLE'S REPUBLIC OF CHINA ("Excluded Jurisdictions");(D) specifically with regard to the United States, you shall ensure compliance with all applicable laws and regulations which prohibit or restrict the trading of OBT in any form or manner, you are neither residing in the United States of America nor a US Person within the meaning of Regulation S under the United States Securities Act of 1933, as amended, (a "US Person");(E) you shall not enter into any transaction or arrangement with the effect of selling or otherwise disposing of any OBT to any US Person or any person in the United States of America;(F) you specifically understand, acknowledge and agree that it is possible that the OBT could be considered securities under the laws of the United States of America, and that laws and regulations are evolving on this topic. The Company disclaims any representation or warranty that OBT can be legally traded or transacted in any jurisdictions, including the Excluded Jurisdictions;(G) you fully understand, acknowledge and agree that except for any liability that cannot be excluded by law, the Company, its subsidiary, affiliates and related companies, together with their officers, directors, employees, agents and representatives exclude all liability (including negligence) for any personal injury or for any loss or any damage (including loss of profit opportunities) whether direct, indirect, special or consequential, arising in any way out of or in connection with any OBT received thereunder, including without limitation:(i) failure, malfunction or breakdown of, or disruption to, the operations of the App due to occurrences of hacks, cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;(iii) any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction relating to receipt of any OBT by you;(iv) any variation in the market value or market liquidity of OBT;(vii) any tax or legal/ regulatory liability incurred by you in relation to any OBT received; and all other risks, direct, indirect or ancillary relating to any OBT received which are not specifically or explicitly stated in the terms and conditions herein.You agree to indemnify the Company, its subsidiary, affiliates and related companies, together with their officers, directors, employees, agents and representatives from all losses, expenses and other liabilities (including the cost of investigation and defence whether or not the above mentioned person is a party) arising from and all actions, proceedings or investigations, whether actual or threatened, relating to breach of any terms and conditions of herein.To the maximum extent permitted by the applicable laws, regulations and rules, the Company shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on these terms and conditions or any part thereof by you.You further acknowledge that any OBT to be distributed by the Company may be modified, curtailed, discontinued or terminated at any time in its sole discretion for any reason (including, but not limited to, the Company's inability to finance or otherwise operate any Program and any OBT due to major devaluation of OBT or an order of any court, regulatory agency or other governmental authority).
We may grant you reward currency which we refer to as "OBT rewards". Up until March 10th 2022 OBT rewards were granted to Users for completing the full registration process only. As from March 11th 2022 OBT rewards will be granted subject to completing the full registration process and subject conversion or buying crypto for over $30 in value.You may use your OBT rewards only internally within the Oobit Platform and only for the following usages:- Transfer OBT rewards between users within the platform;- Paying fees at reduced costs of up to 50%.It is hereby agreed that the discount percentage varies from one User to another and it depends on the type of transaction and/or service, therefore it is subject to Oobit's full internal discretion.Please note that You will not be able to withdraw OBT rewards from your Oobit Account to any external E-wallets or to any external Digital Currency address nor to trade OBT rewards for other currencies.The Policy set out in these Terms is Oobit's internal policy regarding OBT rewards. It should be emphasised that if discrepancies are discovered between this Policy and any applicable law or regulation, Oobit will be obliged to act in accordance with applicable law.
As part of our App push notifications, we'll also send you push notifications when the price of our 35+ crypto goes up or down. The crypto price alerts may be delayed or disrupted, so you may not receive a price alert each time the prices of the crypto asset increase or decrease.Price alerts are based on the information on the market price of cryptocurrencies that is shared with us by an external source that we believe to be reliable. However, we do not control the external sources or the data they provide, and we do not always independently verify that the information provided is complete and accurate. For purposes of price alerts, we do not receive real-time pricing information, but instead compare the crypto price at regular intervals. Therefore, we do not guarantee or warrant that the information provided in price alerts is accurate, complete, timely, or suitable for use, and it may be inaccurate, incomplete or out of date.These alerts are designed to provide information about movements in the crypto market, but should not be your sole way of monitoring and making decisions involving crypto. Market conditions and data outages may also result in delays or disruptions to crypto price alerts. You should verify any price alert information you receive before you act on it and we have no liability to you if you make decisions based on the price alerts that you receive from or through us or based on your failure to receive a price alert. Price alerts are provided for informational purposes only, and do not constitute a recommendation by Oobit to buy, sell or hold any asset.
RELIANCE OF INFORMATION POSTED
The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.The App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.The App is not in any manner or in any form or part intended to constitute or form the basis of any advice (professional or otherwise) or to be used in, or in relation to, any investment or other decision or transaction. We do not accept any liability (regardless of how it might arise) for any claim or loss arising from:- any advice given;- any investment or other decision made; or- any transaction made or effected, In reliance on, or based on, any information on the App, nor do we accept any liability arising from any other use of, or reliance on, the App.We do not enter into any terms or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the App or relying on any of its content.We cannot and do not guarantee that any content of the App will be free from viruses and/or other code that may have contaminated or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including antivirus and other security checks) to satisfy your requirements as to the safety and reliability of content.
OUR RIGHTSOUR SUSPENSION AND TERMINATION RIGHTS
AMOUNTS OWED TO US
In some rare cases we may deduct amounts, in whole or in part, from funds that are sent to your Oobit account later, either by you or from payments sent to you. We reserve our right to:- reverse payments you have sent;- engage in collection and other efforts to recover such amounts from you; and- place a limitation or take other action on your Oobit account;
If any proceeding by or against you is commenced under any bankruptcy or insolvency law, we'll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.
ASSUMPTION OF RIGHTS
If we invalidate and reverse a payment that you made to a recipient (either at your initiative or otherwise), you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at our discretion.
AUTHORISED ACTIONS AND SERVICES
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT. YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE RELATED TO OR ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SUCH APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOUR RELEASE OF US
If you have a dispute with any other Oobit account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR APP, OR ANY APP LINKED TO THEM, ANY CONTENT ON THE APP OR SUCH OTHER APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (WHICH MAY INCLUDE FRAUD). THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ANY USE OF YOUR ACCOUNT BY YOU OR BY ANY THIRD PARTY (WHETHER OR NOT AUTHORISED BY YOU) INCLUDING BUT NOT LIMITED TO CYBER ATTACKS, UNAUTHORISED ACCESS BY ANY THIRD PARTY.
INTELLECTUAL PROPERTY RIGHTS
Here at Oobit, protecting your Account and the digital assets within it is highly important to us therefore we ask you to be careful with your passwords, security codes and other security features that you use to access the App securely. Please maintain the security of your Account by protecting your login, password and security credentials from unauthorised access or use. Remember- It is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with enhanced security features. You notify Oobit if you discover or suspect any unauthorised access or use of your Account or any security breaches related to your Account.Please notify us immediately if you become aware of any unauthorised use of your password or Account or any other breach of your security which may compromise your password or Account. You may not allow third parties or unauthorised users to use your Account. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You may notify Oobit of a security breach regarding your password or Account by emailing firstname.lastname@example.org.You can be assured that upon receipt of written notice from you that the security of your Account has been compromised, Oobit will take its best steps to protect your Account, Nevertheless, you are responsible for all activities that occur under your Account and you hereby authorise Oobit to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your Account regardless of whether the access is authorised or unauthorised by you.
A party's "Confidential Information" is defined as any information of the disclosing party, which: (a) if disclosed in a tangible form is marked as "Confidential" or "Proprietary" or if not so marked, should be reasonably understood by the receiving party from the context of disclosure or from the information itself, to be confidential; (b) if disclosed orally or visually is declared to be confidential or, if not so declared, should be reasonably understood by the receiving party from the context of disclosure or from the information itself to be confidential; or (c) is designated as Confidential Information in these Terms. Confidential Information shall include without limitation, information accessed via the Oobit App, technical specifications and processes of each party. Each party shall hold the other party's Confidential Information in confidence and shall not disclose such Confidential Information to third parties nor use the other party's Confidential Information for any purpose other than solely as required and necessary to perform its obligations under these Terms. Such restrictions shall not apply to Confidential Information that: (a) is known by the Recipient prior to the date of disclosure by the disclosing party; (b) becomes publicly known through no act or fault of the Recipient; (c) is received by Recipient from a third party without a restriction on disclosure or use; or (d) is independently developed by Recipient without reference to or knowledge of the Confidential Information.Notwithstanding the foregoing, Oobit may share Confidential Information with an affiliate in the event that the Oobit requests services from such an affiliate and such affiliate shall be bound by this Section. In the event Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, the party subject to such requirement shall promptly notify the disclosing party upon learning of the existence or likely existence of such requirement and shall use reasonable efforts to avoid such disclosure and, if necessary, use reasonable efforts to obtain confidential treatment or protective order covering any disclosed Confidential Information. The parties' respective obligations to maintain the confidentiality of information disclosed hereunder shall survive the expiration or termination of these Terms or until such time as such information becomes public information through no fault of the receiving party.When using an App, data may be transmitted over an open network which may allow such communications to be intercepted by third parties. As a result, we cannot guarantee the confidentiality of any communication or data that you may transmit to us through the App.
MISCELLANEOUSLINKING TO THE APP AND SOCIAL MEDIA
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
THIRD PARTY SERVICES
Certain features of our App may utilise the services and/or Apps of third party vendors and business partners, which services and/or Apps may include software, information, data or other services. Certain of these vendors and business partners require users who utilise such features to agree to additional terms and conditions. This page identifies third party terms and conditions that are required by such third party vendors and business partners as they apply to the features set forth below. Your uses of such features constitute your agreement to be bound by these additional terms and conditions. These third party terms are subject to change at such third party's discretion. The Company is not responsible and does not assume any liability whatsoever for acts, errors or omissions of any third-party service provider.
“Business Day(s)” means Monday through Friday, excluding holidays when Oobit's offices are not considered open for business. If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.
CONSUMER FRAUD WARNING
We're always looking for ways to help keep you even more secure. So, stay on the lookout for some of these common scams:- Seller Scam: a scammer sends you a fraudulent payment for goods or services you provide outside of Oobit.- Accidental Payment: a scammer sends you a fraudulent payment, claims it was accidental, and asks that you return their funds.Always use common sense when sending funds. If something sounds too good to be true, it probably is. Only send funds for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us at: email@example.com.
If you do not log in to your Oobit account for two or more years, we may, according to our sole discretion, close any feature (such as but not limited to "Tap to Pay" or "Pay Friends") in your Account. You shall receive a written notification from us stating your Account has become Dormant. You may ask us to send your funds held in our possession to your primary address (if we have verified the required identifying information that you have provided to us) or to any other address or account of your choice.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to verify your identity.This may include:- asking you for further information, such as your date of birth, your physical address and other information that will allow us to reasonably identify you;- requiring you to take steps to confirm ownership of your email address, phone number or financial instruments;- verifying your information against third party databases or through other sources; or- requiring you to provide any other identifying documents.Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain Oobit services. We reserve the right to close, suspend, or limit access to your Oobit account and/or the Oobit services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
OOBIT IS ONLY A PAYMENT SERVICE PROVIDER
We act as a payment service provider only, we do not:- Act as an escrow agent with respect to any funds sent to you on Oobit that has not been transferred;- Act as your agent or trustee;- Enter into a partnership, joint venture, agency or employment relationship with you;- Guarantee the identity of any user or seller;- Determine if you are liable for any taxes; or- Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.
YOUR USE OF INFORMATION; DATA PROTECTION LAWS
If you receive information about any Oobit User, you must keep the information confidential and only use it in connection with the Oobit services. You may not disclose or distribute any information about Oobit users to a third party or use the information for marketing purposes unless you receive that user's express consent to do so. You may not send unsolicited emails to an Oobit customer or use the Oobit services to collect payments for sending, or assist in sending, unsolicited emails to third parties.The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the services described in this agreement.In complying with such laws, you will:- implement and maintain all appropriate security measures for the processing of personal data; and- not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by us.
Neither party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labour strife, riots, war, non-performance of our vendors or suppliers, acts of God, pandemics, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
CHANGES TO THE APP
If you have any feedback, questions, or complaints, contact support service via our online chat on our webpage https://oobit.com. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The support team will consider your complaint without prejudice based on the information you have provided and any information provided by Oobit. Your complaint will be considered within a reasonable time. Support team will offer to resolve your complaint in the way you requested; make a determination rejecting your complaint and set out the reasons for the rejection; or offer to resolve your complaint with an alternative solution. You agree to use the complaints procedure of this Section before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
QUESTIONS AND CONTACT INFORMATION
If you need to contact us or have any questions on our Terms, you may contact us as follows:
Email: firstname.lastname@example.orgAttention to: Legal Team