+32 2808 0314

Terms of Oonex IPSP/PF

July 2015

 

1 ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE

By entering and/or registering on this website located at https://www.oonex.com / opay.be (hereinafter: “Website”) and by using this Website and/or any current or future service(s) (hereinafter collectively: “Services”) provided to any and all visitors or users of the Services available through this Website (hereinafter: “You” or “your”) by OONEX SA (hereinafter: “Oonex.com”, “We” or “Our” as the case may be), You give Your consent to and accept the following:

To comply with and be bound by these Terms & Conditions (hereinafter: “Terms of Use”) and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Website (collectively, the “Terms”). Any violation of these Terms may result in the suspension of the Services or such other action permitted.

To authorize Oonex.com/ opay.be to process technical data related to Your visit to the Website and to authorize the processing of Your personal data provided during the registration process in accordance with the Privacy Policy set forth in section II of these Terms of Use.

These Terms of Use define the contractual relationship with You and constitute a legal agreement between Oonex.com/ opay.be and You, as well as any business entity of which You have any legal or equitable interest. If any portion of this agreement is deemed unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of the other portions of this agreement.

We would like to inform You that for all legal statements, statutory declarations made by Oonex.com/ opay.be which can be found on this Website You agree that We can only take the English version as a basis and governing language despite its translation into any other language. We do not accept any kind of legal claims, or other complaints for any misunderstandings as a result of mistranslations, as the English language shall prevail.

 

2. LAWFUL USE

You agree that You will not use the Services at any time for the purpose of purchasing any product(s) or service(s), which is unlawful or violates any applicable local, state, federal, national or international law, statute, ordinance, or regulation, including without limitation the purchase of tobacco products, drugs, firearms, weapons, satellite and cable TV descramblers, unlicensed lotteries or gambling services, goods or services that infringe the intellectual property rights of a third party.

If You conduct or attempt to conduct any transaction in violation of the aforementioned prohibitions and/or in violation of the Terms, We reserve the right to:

– reverse the transaction; and/or

– report the transaction to the relevant law enforcement agency; and/or

– claim damages from you.

It is Your and not Oonex.com / opay.be responsibility to ensure that You use the Services only for the purchase of goods and services that You may receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through Oonex.com is not an indication of the legality of the supply or provision of their goods and services. If You are in doubt as to the legality of a purchase, You should not continue with Your payment and contact OONEX Support team through https//:www.Oonex.com or by email to [email protected] as soon as possible.

Oonex.com/ opay.be reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or e-mail containing threats of violence or other illegal activity.

3. REFUND POLICY AND LEGAL DISPUTES

Refund Policy

In the event of an unauthorized, non-executed or incorrectly executed payment transaction You must notify Oonex.com/ opay.be thereof without any delay. You are only entitled to redress if You notify Oonex.com/ opay.be without undue delay but in any event not later than within 30 (thirty) days after the date of the payment transaction. This time limit does not apply if Oonex.com/ opay.be has not provided or made available the required transaction information to You. Contact details specific to Your country of residence can be found on the Website. Oonex.com/ opay.be will carefully examine each and every refund request and other data at its disposal and take all reasonable steps to execute the requests it found substantiated.

Furthermore, You are even entitled to redress without issuing a refund request to Oonex.com/ ipsp.be, in the case when Oonex.com/ opay.be discovers that Your transaction was a fraudulent one – provided that it was not You who acted fraudulently. In case of any fraudulent transaction, Oonex.com/ opay.be reserves the right to use all available information (for details please see Our Privacy Policy in section II below) at its disposal during any kind of legal procedure. During such legal procedures Oonex.com/ opay.be might involve other, professional investigator parties and share certain information in order to comply with applicable laws, vindicate its rights and represent the best interests of its customers. Oonex.com/ opay.be grants full cooperation with legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction and responds to subpoenas and court orders.

Where You are entitled to redress, Oonex.com/ opay.be will refund the amount of any unauthorized, non-executed or defective payment transaction. In any case Oonex.com/ opay.be will, on Your request, make immediate efforts to trace the payment transaction and notify You of the outcome. Oonex.com/ opay.be reserves the right to issue a refund for any of its customers even without the consent of the main operator of a website that is engaged in the distance selling of goods and/or services to consumers and/or companies and has contracted with Oonex.com/ opay.be in order to utilize Services (also known and referred herein as: “merchant”) of that customer.

If You have acted fraudulently, or intentionally or through gross negligence breached these Terms of Use, You will be liable for all losses incurred in respect of any unauthorized transactions.

Legal disputes and governing law

Complaints: In the event of any billing related dispute or problem with the Services please always contact OONEX Support team through https//:www.Oonex.com or by email to [email protected] in the first instance. Please note that OONEX Support team does not reflect complaints regarding problems emerged in connection with the services provided by sub-merchants. In order to resolve such problems please contact directly the merchant that provided such service.

As You and Oonex.com both benefit from establishing a predictable legal environment in which to publish, access and use the Website, by publishing, accessing, and/or using this Website, You and Oonex.com agree that all matters arising from or relating to the use and operation of this Website will be governed by the laws of Belgium, without regard to its conflicts of laws principles. You agree that all claims Oonex.com and You may have arising from or relating to the operation or use of this Website will be heard and resolved in the courts of Belgium. You consent to the personal jurisdiction of such courts over it, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.

 

4. DATA INTEGRITY

Oonex.com/ opay.be processes personal information only for the purposes it was originally collected and in accordance with this Privacy Policy. Oonex.com/ opay.be takes commercially reasonable steps to ensure that the personal data is relevant, reliable for its intended use, accurate, complete, and current for the purposes for which it is used.

Electronic mail on the system and Services provided by Oonex.com/ opay.be is as private as Oonex.com/ opay.be can make it private. You acknowledge the fact that no computer network can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized. Oonex.com’s system automatically requests a password change every 90 (ninety) days.

You are responsible for all use of Your account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Oonex.com/ opay.be shall be entitled to suspend or change access to Your account(s) immediately upon notification by You if Your password has been lost, stolen or otherwise compromised. Oonex.com shall be liable neither for any usage nor for charges prior to Oonex.com making the necessary account alteration.

 

5. PCI DSS COMPLIANCE, DATA PROTECTION, SHARING INFORMATION

Data protection, sharing information 

Oonex.com/ opay.be takes serious security measures to grant maximum protection to information against unauthorized access, modification, disclosure or deletion of Your data. The subscribers’ details are always protected by highly sophisticated security system.

Further, we permit only authorized Oonex.com/ opay.be employees and third party organizations (such as financial institutions, payment processors, acquirers, fraud prevention service providers, anti-fraud networks) to access any personal information.

Oonex.com employees’ access to any personal information of its users is extremely limited and they are bound by confidentiality obligations. If an employee misuses personal information, we may take disciplinary action, up to and including termination of employment. If any third party individual or organization misuses personal information, we will take action, up to and including termination of any agreement between Oonex.com and that individual or organization.

Oonex.com may disclose personal information where:

– required by law or by an order or requirement of a court, administrative agency, or other government entity, or by court rules concerning the production of records;

– the information is public;

– You have provided consent or with Your direction; or

– other reasons allow it or other laws require it.

When Oonex.com is required or permitted to disclose information, it will not disclose more information than is necessary to fulfill the disclosure purpose.

Oonex.com may disclose aggregate or statistical information to its business partners, for public relations purposes, or other purposes.

PCI DSS Compliance

Oonex.com is compliant with the Payment Card Industry Data Security Standard (PCI DSS). The PCI DSS, a set of comprehensive requirements for enhancing payment account data security, was developed by the founding payment brands of the PCI Security Standards Council, including American Express, Discover Financial Services, JCB International, MasterCard Worldwide and Visa Inc.

 

6. THIRD PARTIES, TRANSFER AND ACCESS OF PERSONAL DATA

Third parties

Oonex.com/ opay.be allows other companies, known as third-party ad servers or ad networks, to help present advertisements online in connection with the Website. These third-party ad servers or ad networks may use cookies or similar technologies to serve such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third party-ad servers or ad networks is subject to their own privacy policies, and not subject to Oonex.com’s Privacy Policy. This Privacy Policy does not apply to, and Oonex.com cannot control the activities of, such other advertisers or websites.

The Website may contain links transferring You from this Website to other websites. These websites linked to the Website are not within Oonex.com’s control, and it is possible that another privacy policy is applicable to these websites. This Privacy Policy is therefore applicable to personal data exclusively that are used and stored on the Website or have been stored by Oonex.com. Therefore, Oonex.com recommends You to take care when You visit another website or when You supply personal information. Oonex.com excludes any responsibility or warranty for such other websites.

Transfer of the company

In case of the further growth and development of Oonex.com, it is possible that one or more divisions or assets of the company are transferred to a third party. In such a case, the data of Our users and visitors will also be transferred, in which case the information could become subject to a different privacy policy. In the unlikely event of Our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, We may not be able to control how Your personal information is treated, transferred, or used.

Transfer to countries outside the EU

For technical and operational reasons, it may be necessary to transfer Your data to (servers of) affiliated companies in the United States or other countries outside Europe, in which the regulations on privacy protection may not offer the same measure of protection as the existing regulations in the European Union. We will, however, always take appropriate measures in order to guarantee proper protection of Your personal data. You explicitly exempt Oonex.com from any liability or warranty resulting from different country-specific data protection requirements and regulations.

Accessing and updating your data

In case You want to know which data We have recorded of which You are the subject, or if You want to change Your data, please contact Oonex Support team through https//:www.Oonex.comor by email to [email protected] Oonex.com will meet Your request in a reasonable period of time and after proof of Your identity provided that Oonex.com does not infringe any legal provisions by doing so. Please note that deletion of Your personally identifiable information from Oonex.com’s database will not prevent Oonex.com from using gathered anonymous information.

 

7. Spam policy

You are prohibited from sending unsolicited electronic messages (by SMS, MMS, e-mail, messages on social networking websites and the like) and faxes or making calls using an automated calling system, the contents of which are of a commercial, charitable or ideological nature.

Oonex.com advocates the following principals regarding establishing compliance with the relevant Belgium regulations:

Oonex.com will not tolerate spam and distances itself from any actions related to spamming. Oonex.com does not partake in or overlook spamming.

We do everything in Our power to protect You from deleterious effects of spamming, therefore We DO NOT TOLERATE spamming and report all related actions to the authorities responsible (including but not limited to the Independent Post and Telecommunications Authority of Belgium  that monitors any contravention of the prohibition of unsolicited communication and may impose sanctions, such as a fine or conditional penalty).

We consider the use of all legal proceedings in case of spamming inflicting a loss on Oonex.com. We DO NOT TOLERATE spam that in any way disturbs Oonex.com’s Services or sub-merchants.

The following activities performed by You or any other person or entity (including but not limited to merchants) shall be considered spamming and harassment:

Attempted browser hijacking, reconfiguration of users registry or system preferences, automatic downloads (i.e. dialers) and other forms of technical manipulation of a user’s computer, browser, or internet connection is strictly prohibited by oonex.com ;

Engaging in unlawful activities as referred to in section I point 2 of these Terms of Use performed by a provider other than Oonex.com to draw attention to a website operated within Oonex.com’s networks or covered by Oonex.com’s agreement with the merchant

Impersonating another merchant or otherwise falsifying one’s user name in e-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This restriction does not preclude the use of nicknames in IRC or the use of anonymous remailer services.);

Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting articles being off topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate;

Sending unsolicited mass e-mails (i.e. to more than 25 users) that provoke complaints from the recipients;

Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by oonex.com;

Mail bombing, i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts.

What is further considered spam?

Manipulating messages, such as email headers, sent to or through Oonex.com’s computer systems in a way that may deceit customers of oonex.com;

Relaying email from a third party’s mail servers without the permission of that third party;

Sending, relaying or causing to be sent false, deceptive information or that is otherwise against the business interest of oonex.com;

Using or causing to be used Oonex.com’s computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs or any other form of unauthorized solicitation that You may upload, post, email, transmit, or otherwise make available;

Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

Consequences of spamming:

The aforementioned types of conduct and all related actions shall be reported to the authorities responsible and can be the basis of immediate suspension of Services pending investigation by Oonex.com and may result in the termination of any and all accounts held by You, the corporation, or website associated with these violations;

Spamming through Oonex.com’s system or disturbing Our customers is a violation of these Terms of Use;

Violation of our Terms of Use or spamming may result in legal actions against You or in the suspension of the Services or such other action permitted. Oonex.com cannot and shall not be held responsible by You for any possible loss as a result of such actions.

Please contact the Oonex Support team through https//:www.oonex.com or by email to [email protected] in case You would like to report spam. Oonex Support team investigates all reports as soon as possible.

 

8. Miscellaneous

Termination and effect

These Terms of Use are concluded for an indefinite period. The Terms of Use will continue to apply until terminated by either You or Oonex.com as set out below.

Without derogating from any other right to which Oonex.com is entitled under the Terms, and/or under applicable law, it is hereby agreed that Oonex.com has the right, at its sole discretion, to block processing in any jurisdiction at any time and for any period of time. Oonex.com may further terminate access to Our Services, with or without cause, at any time, and effective immediately. To block processing or termination shall be accompanied by a written or electronic notice to You. Oonex.com shall not be liable to You or any third party for termination. Should You object to any provision of the Terms or any subsequent modifications thereto, Your only recourse is immediately to: (a) terminate use of the Services; and (b) notify Oonex.com of such termination. Upon termination of access to the Services, Your right to use the Website shall immediately cease.

Upon any termination of these Terms of Use constituting an agreement between Oonex.com and You, all provisions regarding indemnification, warranty, liability and limits thereon and/or protection of intellectual property and other proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.

Indemnification

You agree to defend, indemnify and hold harmless Oonex.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) Your violation of any term of these Terms of Use; (ii) Your use of and access to the Website; (iii) any claim that one of the websites owned or operated by You or Your affiliated entities caused damage to a third party; or (iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

Limitations of liability

Under no circumstances, including, but not limited to, negligence, shall Oonex.com or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Services. You specifically acknowledge and agree that Oonex.com is not liable for any defamatory, offensive or illegal conduct of any customers, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by You to or through Oonex.com.

OONEX.COMWILL UTILIZE ITS REASONABLE SKILL AND CARE TO MAINTAIN ACCEPTABLE PERFORMANCE OF ITS AUTOMATED FINANCIAL TRANSACTION PROCESSING AND ANCILLARY RELATED SERVICES, BUT OONEX.COMMAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SERVICES PROVIDED HEREUNDER. Oonex.com cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Oonex.com will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted, received, or stored on its system. Oonex.com will not be liable to You or any third parties for any claims or damages which may be suffered by You or such third parties, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, unauthorized access to the website of You, merchants or other third parties as a result of hackers or password trading, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-delivery, or service interruptions whether or not caused by Oonex.com’s fault or negligence. Oonex.com will not be responsible for the website(s) owned or operated by You, by merchants or by other third parties not being accessible on the Internet due to circumstances not under Oonex.com’s direct control such as individual Internet user’s own equipment capabilities, limitations, other Internet service provider limitations and/or browser software limitations. Oonex.com may discontinue any Services, or may require fulfillment of conditions Oonex.com may choose to impose as a prerequisite for continuing any Services upon ten (10) days’ notice to You. However, Oonex.com may discontinue Services immediately for fraud committed by You, illegal activity, or violations of its Terms. In no event will Oonex.com be liable to You or to any other entity for any indirect, special, incidental and/or consequential damages of any kind, arising out of or in connection with the provision of its Services hereunder, however caused, whether for breach of contract, negligence or otherwise, even if Oonex.com has been advised of the possibility of such damages.

Entire agreement

These Terms of Use define the contractual relationship with You and constitute a legal agreement between Oonex.com and You, as well as any business entity of which You have any legal or equitable interest and sets forth the full and complete understanding between You and Oonex.com with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. These Terms of Use may be modified upon notice by Oonex.com to You. Unless contrary to law or otherwise stated, each provision of these Terms of Use shall survive termination. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/it’s reasonable attorneys’ fees.

Independent contractor

You acknowledge that Oonex.com is an independent sales organization/member service provider operating under applicable internet-capable merchant bank rules and regulations and is an independent contractor and not an agent of the bank. Further, You acknowledge that Oonex.com is not and shall not be responsible, either directly or indirectly, for any act or failure to act of any bank or any agent of any bank in the processing of and providing for the payment of charges created by credit or debit cardholders as set forth herein.

These Terms of Use are not intended to and shall not be interpreted to create a joint venture or partnership or formal business entity of any kind between or among Oonex.com and You. Each party shall act as an independent contractor and not as an agent of the other party for any purpose and neither party shall have any authority to bind the other party.

Third party services

Oonex.com reserves the right to use third party service providers that will assist Oonex.com to provide high end Services to You and/or sub-merchants.

Without derogating from the generality of the above, You further acknowledge that the supply of some of the Services under these Terms of Use and agreement, and their quality, are all subject to the receipt of such services by Oonex.com from a third party service provider and to the quality of such services. It is further agreed and clarified that Oonex.com shall not be liable for any delay in or failure to supply the Services (including but not limited to any claim with regard to their quality) if that delay or failure or claim are connected to and/or caused by a third party service provider.

Force majeure

Oonex.com shall not be bound to meet any obligation if prevented from doing so as a consequence of force majeure, including but not limited to any non-attributable failure in the performance of an obligation of any supplier of Oonex.com, fire, measures taken or imposed by any government or any other event beyond the control of Oonex.com. Oonex.com will use reasonable efforts, under the circumstances, to immediately notify You of the circumstances causing the delay and to resume performance as soon as possible. If a situation of force majeure has lasted for more than 2 (two) months, both Oonex.com and You shall have the right to terminate these Terms of Use constituting a legal agreement between Oonex.com and You in writing.

 

9. Rights applicable to courts

The general conditions of Oonex are governed by Belgian law. Failing an agreement, any dispute occurring following the interpretation or execution of this contract, the courts will be those of the head office or residing sprl Oonex in this case the city of Brussels. If the company Oonex changes the address of its registered office in another jurisdiction that will be mentioned immediately on his website.

To speak to an OONEX representative

CALL US TODAY
+32 2808 0314 [EU]
1877 358 9369 [US]