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:
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@example.com 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
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.
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.
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 firstname.lastname@example.org 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
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.
We process your personal data in accordance with the applicable laws if at least one of the following applies:
- The processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (Art. 6 1b) GDPR). Personal data is processed to conduct financial services and banking transactions in order to fulfil our contractual and pre-contractual obligations. These actions are only taken when requested by you. You find the data processing purpose in the respective product category as well as in the General Terms and Conditions.
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes (Art. 6 1a) GDPR) In case you gave your consent to the processing of your personal data for specific purposes, the processing is permitted on the legal basis of your consent. Your consent is revocable at any time. If you revoked your consent any processing of your personal data will become unlawful after the revocation. This means that the previous processing of your data remains lawful. You may request information about your given consents at any time.
- Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child (Art. 6 1f) GDPR). If necessary, we process your personal data beyond our contractual obligations in order to protect our legitimate interests or the legitimate interests of a third party, e.g.:
-- Marketing or market and opinion analysis
-- Enforcement of claims and defence within legal disputes
-- To ensure IT security
-- To prevent criminal acts
-- For business management and the development of services and products
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
Transfer of the company
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@example.com 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 ;
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;
Please contact the Oonex Support team through https//:www.oonex.com or by email to firstname.lastname@example.org in case You would like to report spam. Oonex Support team investigates all reports as soon as possible.
Termination and effect
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.
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.
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.
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.
9. Rights applicable to courts
The general conditions of Oonex SA 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 Oonex SA 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.