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Cosmos & OAK Terms

Ozank GmbH Terms of Service

Version 2.0 – (Last Update 10.08.2024)

These terms of service ("Terms of Service") constitute a binding and enforceable legal contract between "Ozank GmbH," a commercial entity registered under HRB 203491 B, with its registered office at Pappelallee 78-79, 10437 Berlin, Germany, (“Company”, “Ozank”, “we”, or “us”) and any end user of the Service (“you”, “user”, “your”). It contains important information about your rights and obligations. It also contains a disclaimer of warranty and a limitation of liability clause.

1. Overview

1.1 These terms and conditions (the 'Terms') govern the relationship between: you, and us, Ozank GmbH. They apply whenever you use the Ozank app (the 'App') to access our Cosmos Marketplace services (the 'Services'). The Services are only available to some users in some markets and if they are not shown to you in the App, they are not available to you. To use the Services, you must have an active Ozank account with no restrictions. Any transactions you make or receive on your Ozank account when using Cosmos will be governed by the Terms and Conditions you have agreed for that account with Ozank GmbH.

1.2 In cases where an offer has its own terms and conditions, users should also refer to the individual offer terms as outlined within the offer details. (the 'Offer Terms'). We may change the Offers and the Offer Terms at any time.

1.3 Ozank reserves the right to amend these terms and conditions at any time. Users will be notified of any significant changes via email or through in-app notifications. Continued use of Cosmos and OAK token program after any such changes constitutes acceptance of the new terms.

2. What is Cosmos?

2.1 Cosmos is a marketplace platform offered as an add-on feature within the Ozank app. It is tailored for expats living in Germany and other European countries, providing access to exclusive deals and discounts from well-known brands relevant to their daily lives. By registering an account with Ozank, users can explore and access these offers through Cosmos, which re-directs customers to the brands' websites for purchase. While Cosmos promotes these offers and provides the opportunity to earn reward points for valid purchases, it does not take responsibility for the quality of the products, payment processes, or customer support related to the purchases made through the platform.

2.2 Cosmos provides in-app access to a range of offers ('Offers'). These may include reward points, discounts, and other Offers. The Offers are only available on successful purchases made with select merchants ('Vendors') shown in the Cosmos section of the Ozank app.

2.3 Cosmos Merchants: The Merchants featured in Cosmos are all third-party merchants. We have commercial relationships with some, but not all, Merchants. How and where Merchants are shown in the Cosmos feature is determined by us using a range of factors. We may be paid a fee or commission by a Merchant, which can affect where their offers are displayed within the app.

2.4 Not happy about the product: If you’re not happy about the service you’ve received in relation to Cosmos or OAK token program, we will do our best to make things right where it’s within our control. If you have a complaint about Cosmos or OAK token program, please reach out to Support and let them know you want to make a complaint against Ozank GmbH as the provider of Cosmos and OAK token program. We’ll look into your complaint and try to resolve things via email as soon as we can.

3. What is OAK token?

3.1 Ozank OAK tokens (Rewards Points)  are a form of loyalty rewards provided to users of the Ozank platform. These tokens are not to be mistaken for cryptocurrency; they hold no monetary value outside the platform and are exclusively intended to reduce or eliminate platform fees or service fees offered by Ozank.

3.2 Significance of OAK tokens: OAK tokens are designed to provide users with a flexible means to offset the costs incurred from using Ozank services. Users can redeem these tokens to lower or fully cover platform fees on their international money transfers.

4. Earning OAK tokens

Users can accumulate OAK tokens through various activities, including but not limited to:

4.1 Purchases on Cosmos: Earn tokens by buying and completing successful transactions through the Cosmos platform. You can earn OAK tokens by shopping at a merchant featured in the Cosmos section of the Ozank app, following the offer terms and details provided on the offer page. You must ensure that the purchase is made through the link provided in the Cosmos section of the Ozank app, and the transaction is completed successfully. If you make a purchase with a Merchant which includes multiple individual transactions (for example, a 'Buy Now, Pay Later' service, or a subscription), you will only earn an Offer on any transactions which individually meet the Offer Terms and instructions. In most cases, this will only be the first transaction.

4.2 International Transactions on Ozank: Receive tokens for completing successful international transactions on the Ozank app. Depending on the specific destination country and the volume you've sent, we may distribute OAK tokens to loyal customers during certain periods. You will receive a notification when such programs are enabled.

4.3 Referral Program: Earn tokens for successfully referring friends who sign up, complete their KYC, and engage in transactions.

4.4 Loyalty Milestones: Reaching specific milestones based on transaction volume or frequency. These tokens will be distributed directly to your token balance by Ozank admins, and you will receive a notification once they are credited.

5. Rights and Modifications

5.1 Ozank reserves the right to modify or terminate the OAK token system at any time. This includes changes to the earning rates, redemption values, validity period, and any other aspect of the token program. Users will be notified of significant changes via email or in-app notifications.

Ozank reserves the right to:

- Withdraw or modify the OAK token system at any time

- In the event of no active usage of your account for a continuous period of six months, Ozank reserves the right to revoke any accrued OAK tokens.

- Change the duration of validity for OAK tokens

- Alter the conversion rate of OAK tokens to fee reduction (in Ozank app only)

Even if you receive OAK tokens, it may be reversed if we believe you have:

- not made an eligible or genuine purchase;

- made the purchase using a link not supplied by us;

- breached these Terms or any other terms and conditions you’ve agreed with us abused our Cosmos services; or

- caused us, legal, regulatory, relationship, or reputational issues by providing you with the Cosmos service.

5.2 Validity and Expiry: OAK tokens are valid for 12 months from the date of issuance unless otherwise specified. The conversion rate of OAK tokens to fee reductions may vary and will be determined at the sole discretion of Ozank.

5.3 Monthly OAK token limits: The total Reward points you can receive using all Cosmos Offers in a single month is capped at 20,000. Any reward points incurred above this limit will not be paid. And the limit is subject to change.

6. What is an eligible purchase and genuine purchase for an Offer?

An eligible purchase is any genuine purchase of goods and services made in accordance with the terms and conditions of Ozank and merchant-specified details in the offer details.  

A genuine purchase of goods and services means a purchase where you genuinely intend to consume the goods or services (for example, a cash-like purchase, or a purchase you intend to sell for cash, is excluded) and actually consume (for example, returns, refunds, and on-selling are excluded).

7. When will you receive your OAK tokens?

In some cases, rewards will only be granted after Ozank receives confirmation of the purchase from the merchant. For details plz refer to OAK rewards points terms & Conditions

Any Cosmos reward point should be received instantly, unless the Offer terms state otherwise. However, in some cases, a reward point may take up to 15-30 days to arrive in your account. If you have not received the rewards and 15 days have passed, please contact our Support team via in-app chat.

To redeem rewards points against platform fees, users must follow the specified steps outlined in their account. This process typically involves selecting the option to apply points during the transaction checkout phase.

8. No Transferability

Rewards points are non-transferable and cannot be sold, exchanged, or otherwise disposed of by any means, other than by using them within the Ozank platform as specified.

9. Promotional Changes

Ozank reserves the right to alter or terminate promotional activities and OAK tokens at its discretion. Users will be notified of any significant changes through email and in-app notifications. These changes will also be reflected in the terms and conditions.

10. User Responsibilities

Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account. Users must notify Ozank immediately of any unauthorized use of their account or any other breach of security.

11. Severability

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

12. Account Closure

In the event that a user's account is closed, whether by the user or by Ozank, any remaining rewards points in the account will be forfeited. Users are encouraged to redeem their points before initiating an account closure.

13. Data Protection Compliance

By using Cosmos, you acknowledge and agree that we rely on partners (such as affiliate networks and affiliate network aggregators) to track whether you have made a purchase on the Merchant’s website. These partners will gain access to limited information relating to your transaction and device (such as de-identified user ID, item bought, sale value, and so on) in the course of providing their services to us. We need to work with these partners to provide you with your Cosmos Offer under these Terms.

For Cosmos, we will also share de-identified and pseudonymized transaction data relating to eligible purchases with the relevant Merchant so that they can verify that you have made a qualifying purchase with them. Again, we need to do this to be able to provide you with the Cosmos Offer under these Terms.

For information about how we process your personal data, please refer to our Customer Privacy Notice (https://www.ozank.com/privacy-policy).

By participating in the OAK token program, users consent to the processing of their personal data as necessary for the administration of the program. This includes tracking transactions, calculating points earned, and facilitating redemptions. Ozank is committed to protecting user data in accordance with applicable data protection laws.

Ozank is committed to protecting the personal data of its users in compliance with the GDPR and other relevant data protection regulations. Users’ data will only be used for the purpose of administering the rewards points system and will not be shared with third parties without consent.

14. Termination and Fraud

Ozank reserves the right to terminate a user’s participation in the rewards program in cases of suspected fraud, abuse, or violation of the terms and conditions. Misuse of Ozank Reward Points may result in forfeiture of accumulated points and potential suspension of the user’s account.

15. Legal and Regulatory Aspects

15.1 We can change these Terms without advance notice, but we’ll try to let you know in advance if we can.

15.2 Only you and we have any rights under these Terms. You cannot transfer any rights or obligations under these Terms to anyone else.

15.3 We can transfer any of your and our rights or obligations under these Terms to a third party, but only if we reasonably think that this won’t have a significant negative effect on your rights under these Terms or if we need to do so to keep to applicable legal or regulatory requirements.

15.4 We may suspend the use of Cosmos products if, in our reasonable opinion, the products are being abused or may negatively affect Ozank’s goodwill or reputation. We may do this on an individual or product-wide basis.

15.5 We may ask you for evidence to support that a purchase you have made complies with these Terms or is eligible for a Cosmos Offer.

15.6 We might provide a translation of these Terms. If we do, the translation is for reference only and the English version will apply.

15.7 If you have breached these Terms and we don’t enforce our rights, or we delay enforcing them, this will not prevent us from enforcing those or any other rights at a straight away.

15.8 Non-Monetary Value: Ozank OAK tokens do not represent any form of legal tender and cannot be exchanged for cash or used outside the Ozank platform.

15.9 User Rights: Users have the right to inquire about their rewards points balance and transaction history. Any disputes or concerns regarding the rewards program will be addressed promptly by the Ozank support team.

15.10 Ozank GmbH will not be liable for any indirect, incidental, or consequential damages arising from the use of the OAK token system. The maximum liability will be limited to the value of the points at the time of the claim.

15.11 Ozank GmbH is not a 'trader' or otherwise responsible or liable in any way for any goods or services you choose to purchase as a result of an Offer. If you have any issues about the goods or services purchased, please raise them with the Merchant.We also have no control over, and accept no liability whatsoever in relation to the contents of any Merchant’s website.

16. Applicable law & jurisdiction

These General Terms of Use, as well as the relationship between Ozank and the User, will be governed and interpreted in accordance with German law. Except for cases where the law mandatorily establishes the jurisdiction of a specific court, the parties agree to submit to the exclusive jurisdiction of the courts and tribunals of Berlin to resolve any dispute related to these General Terms of Use or the relationship between them.

CONTACT

For any questions or issues regarding these Terms of Use or the Legal Notice, you can contact us:

Email: Support@ozank.com

Address: Ozank GmbH, Pappelallee 78-79, 10437 Berlin, Germany