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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."Ozank GmbH, operates in partnership with their licensing partner "Revolupay EP S.L.U.," to provide payment services primarily to the residents living in the EEA region. Revolupay EP S.L.U., is an authorized payment entity supervised by the Bank of Spain & and has passporting rights in EEA regions, also part of Revolugroup Canada Inc.
1.1 These Terms of Service set out the terms on which:
1.1.1 We offer all those services provided through the Ozank Mobile App (and any website maintained by us including without limitation the website at https://www.ozank.com/, its subdomains and associated Ozank third-party services (together, the “Platform”)) including without limitation providing you with a venue to aggregate international payment services and book currency exchange transactions; and
1.1.2 You agree to use the Platform provided by us and all those platforms maintained by us.
1.2 Services: Services means and includes the following services/features in the mobile application and/or website as provided by Ozank, collectively referred to as the “Services”:
1.2.1 Our platform allows you to initiate payment remittance transactions, where you (the “Sender”) instruct us to send payment to someone else (the “Recipient”). These transfers, considered requests for our processing, involve a “Transaction Amount”, the amount in regular currency that you provide through our Payment Partners for transfer to the Recipient. However, it's important to understand that we reserve the right to accept or reject any transfer request at our own discretion.
1.3 Please read this Terms of Service document carefully and make sure that you understand them before using the Platform. Once you commence using our Services, these Terms of Service become legally binding on you. If you do not agree to these Terms of Service, you must cease use of the Platform with immediate effect.
2.1 Account Creation: In order to use the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. Ozank reserves the right to freely accept or reject the User's registration request. In any case, to enjoy the services offered by Ozank, the User must read and accept Ozank's Privacy Policy and actively consent to Ozank collecting, storing, and processing their data. You may delete your Account at any time, for any reason, by following the instructions on the Platform.
2.2 Account Responsibilities: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.1 Users must accept these terms before registering and using our services, acknowledging their understanding and agreement upon accessing our platforms. The service provided by Ozank's application and website is exclusively intended for users of legal age. Before registering as a user of Ozank, the user must accept these General Terms of Service. In any case, by accessing and using this application and website, the user acknowledges having read and accepted these General Terms of Service and agrees to comply with all their terms and conditions. Likewise, the user acknowledges and accepts that access to and use of this application and/or website will be subject to the General Terms of Service in force at the time of access. Additionally, to use the service and/or register and become a user of Ozank's services, you must have previously read and accepted the Privacy Policy of Ozank GmbH.
3.2 User’s Responsibilities
The User must refrain from:
• Unauthorized or fraudulent use of the Application and/or Website.
• Accessing or attempting to access restricted resources of the Application and/or Website.
• Using the Application and/or Website for illegal or unlawful purposes, contrary to the provisions of these General Terms of Use, good faith, and public order, harming the rights and interests of third parties, or in any way that may damage, disable, overload, or prevent the normal use or enjoyment of the Application and/or Website.
• Causing damage to the Application and/or Website or the systems of its providers or third parties.
• Introducing or spreading computer viruses or any other physical or logical systems that may cause damage to the systems of Ozank, its providers, or third parties.
• Attempting to access, use, and/or manipulate data from Ozank, third-party providers, and other users.
• Reproducing or copying, distributing, allowing public access through any means of public communication, transforming, or modifying the Content unless authorized by the holder of the corresponding rights or it is legally permitted.
• Obtaining or attempting to obtain content using means or procedures other than those made available for this purpose.
• Abusing, exploiting or bypassing service usage restrictions we put in place.
• Using Services on behalf of someone else.
• The User can only access the Application through authorized means. It is the User's responsibility to ensure that they have downloaded the correct Application on their device. Ozank will not be responsible if the User does not have a compatible device or has downloaded a version of the Application that is incompatible with their device.
3.3 If we suspect you have or are about to engage in a Restricted Activity or using our Services in an unauthorized or fraudulent way, or if we believe that the security of your use of our Services may be compromised, we can take any of the following actions:
• Close or suspend your account or your use of our services and stop you from using our other services in the future.
• Delay, reverse, modify, cancel, decline or refuse to process a transaction.
• Report relevant information (including your personal data) about you and your use of our Services to a regulator or governmental or law enforcement agency.
• Claim monetary damages from you, if appropriate.
4.1 Ozank provides secure money transfer services to its users through our mobile application. Access to the Application and/or the Website is limited to individuals aged 18 and above. The Platform enables private individual users and business users to build an international payment order, receive live exchange rate quotes and book Transactions. In general, users may access the Application and/or the Website freely and free of charge. The user acknowledges and agrees that access to and use of the Application and/or the Website takes place freely and consciously, under their sole responsibility. Ozank will not be liable in any case for the use that the user and/or third parties may make of the Application and/or the Website, nor for any damages that may arise from it.
4.2 Using our Services, you, the Sender, may initiate a transfer of funds to any recipient. The total amount sent includes the money you wish to transfer and any applicable service fees we charge. We then process your request, which we refer to as a “Transaction”. The Recipient receives the transferred funds in the currency you selected (“Payout Amount”). To send money through the Website or the application, users will need to enter the following information (but not limited to, as some extra information might be required):
Sender's information: Name and Surname, Email, Mobile Phone Number, Mailing Address, Payment Information: Card Number, Cardholder Name, Expiry Date, Card Security Code
Recipient Data (money reception in a bank account): First Name and Last Name, Email, Bank details (account number, etc)
Recipient Data (money reception in a wallet account): First Name and Last Name, Email, Wallet address or account number
Recipient Data (money reception at an official collection point/cash pickup): First Name and Last Name, Email, National Identity Document (or Passport), City, Postal Code
Collection Point (from a list of available ones): Payment Information: Card Number, Cardholder Name, Expiry Date, Card Security Code
The detailed payment information in the above data will not be collected at any time by Ozank but will be entered by the User in the payment gateway provided by our partner Revolupay.
4.3 We and our Payment Partner(s) will store information you provide us about a Recipient to allow you to easily make transactions to that Recipient in the future and join your list of recipients. You must not make a money transfer to a recipient who does something that would violate a material part of these Terms of Service.
4.4 Currency conversion and exchange rates: We provide money transfers in multiple currencies as may be listed and updated on our Platform from time to time. When making a Transaction, an exchange rate is applied to the Transaction and includes a small margin, which we keep. Our Platform will describe what exchange rate will apply, which you can check and agree to before you submit a Transaction. You will also be notified about this in the Transaction confirmation notice.
4.5 Please note that all Transactions rely on your accurate information and compliance with these Terms of Service. We reserve the right to accept or reject any transaction which we find are not in line with the terms set out in these Terms of Service. To process transactions, we have partnered with certain “Payment Partner(s)” who aid us in processing the transaction by allowing for conversion of one currency to another. Please note that as part of the Transaction process, the Recipient would need to validate their identification with the recipient bank and hold a valid bank account or wallet. The Transaction is considered completed from our end when the recipient’s bank credits their bank account.
4.6 Our right to limit Transactions: We may refuse to process a Transaction if we believe it is necessary to protect you or us, or if we are required to do so by law or regulatory requirements. We may also create new practices and limitations for Transactions, such as limiting the total amount that may be transferred via a single Transaction, either for all Ozank users or for a specific Account. We will decide whether to implement any limits by assessing factors such as:
• our risk assessment of your Account.
• an indication that your Account or portal has been compromised.
• the information you provide us and our ability to verify it.
• legal requirements we have to follow.
4.7 By accepting these Terms of Service, you accept and agree that, when we have compiled a full client profile, including but not limited to all personal / business background information and all supporting documents adequately required within the account activation process, we might forward the full client profile securely to our Payment Partner(s) who have a need to know such information for provision of Services.
4.8 By accepting these Terms of Service, you accept and agree to be subject to standard due diligence checks conducted by our Payment Partner(s) including, but not limited to, Know Your Client (KYC) and Anti-Money Laundering (AML) (“AML/KYC Check”), for the purposes of your onboarding on the Platform.
4.9 Acceptance and activation of any User is subject to the AML/KYC check and the sole discretion of the Company and our Payment Partner(s).
4.10 Service Cost: The fees established by Ozank for sending money through the Application may vary periodically or from time to time, and the cost will be indicated to the User before completing the transaction.
4.11 Secure Payment: In the event that the User initiates a money transfer within the Application or on the Website, the payment process is structured under the security parameters of the Payment Services entity, RevoluPAY, in accordance with PCI DSS regulations. For clarity, sensitive payment data (credit card number, cardholder name, expiration date, and card security code) will be entered by the user in the payment gateway and will never be in the possession of Ozank GmbH.
4.12 Rejection of Transfers and Claims: Ozank cautions the user that, when making a money transfer through the Application, requests lacking required information will be rejected. Additionally, Ozank reserves the right to reject money transfers suspected of illicit or fraudulent activities at Ozank's discretion.
5.1 You must be at least 18 years old to use the Services or the Platform. If you are not qualified, please do not use the Services or Platform.
5.2 You must be a resident in the European Union (EU) to use the Services or the Platform. If you are not qualified, please do not use the Services or Platform.
Ozank reserves the right to modify these General Terms of Use at any time, as well as any other general or specific conditions that may apply. This change will be notified to its registered users and updated in the General Terms of Service and on the website. Additionally, Ozank reserves the right to suspend, interrupt, or cease the operation of the Application and/or the Website at any time.
The Application and/or Website provide the User with access to various content, information, and data provided by Ozank regarding the Service (hereinafter, the "Content"). Ozank reserves the right to modify the presentation, configuration, and location of the Application and/or the Website at any time, as well as the corresponding conditions of access and use. Ozank does not guarantee that the Content provided through the Application and/or Website is always correct, complete, or up to date. Third-party services offered by Ozank are the responsibility of their providers, and Ozank cannot be held accountable for them.
At any time, Ozank may cancel the account of a User who has misused, unlawfully used, or committed fraud with the Application and/or the Website or has violated these General Terms of Use. Ozank reserves the right to withdraw or deny access to the website, without prior notice, to users who do not comply with these General Terms of Use or the specific conditions indicated when applicable.
The User acknowledges and accepts that all intellectual and industrial property rights over the content and/or any other elements inserted in the Application and/or Website (including, but not limited to, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, audio, and video) belong to Ozank or the ozank’s partners present in the Application and/or on the Ozank Website. Ozank authorizes the User to use, view, print, download, and store the content and/or elements inserted in the Application and/or Website exclusively for personal, private, and non-profit use, refraining from reverse engineering, modification, disclosure, or supply.
Any other use or exploitation of any content and/or other elements inserted in the Application and/or Website, other than expressly provided here, will be subject to the prior authorization of Ozank or the ozank’s partners present in the Application and/or on the Ozank Website.
The personal data provided by the User, whether registered or not, through the Registration Form and by using the Application, and the Service will be processed by Ozank as the Data Controller. Ozank cannot collect, store, and process the User's data if the User has not previously accepted the Privacy Policy of Ozank and given their active consent to it. If you do not accept the Privacy Policy and do not actively consent to Ozank processing your personal data, you cannot use Ozank's services.
Please read our Privacy Policy and Cookie Policy carefully to be better informed about the personal data that will be collected and processed, as well as the purposes of this processing and the rights you have as a data subject and how you can exercise them if necessary.
Website and Application: Ozank does not guarantee the availability and continuity of the operation of the Application and/or Website. Consequently, Ozank will not be responsible in any case for any damages that may arise from:
• Lack of availability or accessibility to the Application and/or Website.
• Interruption in the operation of the Application and/or Website or computer failures, telephone breakdowns, disconnections, delays, or blocks caused by deficiencies or overloads in telephone lines, data centers, the Internet system, or other electronic systems, occurring during its operation; and Other damages that may be caused by third parties through unauthorized intrusions beyond Ozank's control.
• Viruses and external elements: Ozank does not guarantee the absence of viruses or other elements in the Application and/or Website introduced by third parties unrelated to Ozank that may cause alterations in the physical or logical systems of the User or in the electronic documents and files stored on their systems. Consequently, Ozank will not be responsible in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents, or files of the User.
• Protection: Ozank adopts various protection measures to safeguard the Application and/or Website and the content against computer attacks by third parties. However, Ozank does not guarantee that unauthorized third parties will not access, unauthorized and therefore illegal and unlawful, private and confidential data of Users.
• Legal Notice: By accepting these General Terms of Use, the User, whether registered or not, declares that they will indemnify Ozank, directors, partners, employees, lawyers, and agents against any claim arising from:
a) User's breach of any provision contained in these General Terms of Use or any law or regulation applicable to them,
b) User's breach or violation of the rights of third parties, and
c) User's breach of the permitted use of the Application and/or Website.
Ozank may make timely notifications through a general or specific notice on the Application and/or Website, through the email address provided by the User in the Registration Form if they are a registered User and/or, if requested, by regular mail to the address provided by the User in the Registration Form. The User may notify Ozank by sending an email to the address: support@ozank.com.
Ozank may change or discontinue the platform at any time without prior notice. We reserve the right to terminate these terms of service for any reason, without notice, and these terms of service shall automatically terminate in the event that you violate any of the terms of service set forth herein. In the event of any termination, you will immediately cease the use of the services and the Platform.
The User may not assign their rights and obligations arising from these General Terms of Use without the prior written consent of Ozank GmbH. Ozank may assign these General Terms of Use to any entity within its group of companies worldwide or to any person or entity succeeding it in the conduct of its business for any reason, without the need for the User's prior consent.
If any clause of these General Terms of Use is declared totally or partially void and without effect or unenforceable, this will only affect the involved clause or the part of the clause that is void or unenforceable.
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
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