IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION
PROVISION THAT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING
ARBITRATION (INCLUDING PROVISIONS WAIVING THE RIGHT TO PURSUE ANY CLASS,
GROUP, REPRESENTATIVE, OR SIMILAR CLAIM) UNLESS YOU OPT-OUT WITHIN A
SPECIFIED TIME FRAME. SEE SECTION XIX BELOW FOR MORE DETAILS.
Welcome, and thank you for your interest in Openbucks Corp. (“Openbucks”, “we”, or “us”). We are pleased to offer you, the user (“you”), access to the Openbucks service described in Section I below (collectively, the “Openbucks Service”)
on the following terms. Please read this agreement carefully, as it
constitutes a binding legal agreement between you and Openbucks. By
accessing, browsing, or otherwise using the Openbucks Service, you
acknowledge that you have read, understood, and agreed to be bound by
the terms in, and linked to, these terms of use and any future
modifications (collectively, the “Terms of Use”). Your right to access and use the Openbucks Service is conditioned on your compliance with these Terms of Use.
We strongly recommend that, as you read these
Terms of Use, you also access and read the linked information. By
accepting these Terms of Use, you accept that these Terms of Use will
apply whenever you use the Openbucks Service.
1) The Obucks Card redemption service enables you to use Obucks cards (each, an “Obucks Card”) to purchase from Openbucks prepaid access issued by certain online merchants in the Openbucks network (“Openbucks Merchants”),
and to redeem that prepaid access with the Openbucks Merchant for goods
and services sold by the corresponding Openbucks Merchant. Obucks
Card may be purchased from an authorized online Obucks distributor.
2) A current list of authorized online Obucks Card distributors is available here (each, a “Distributor”). For questions regarding your Obucks Card please contact the Distributor from whom you purchased your Obucks Card.
3) Obucks Cards are issued by Openbucks and
are redeemable only with Openbucks. By entering your Obucks Card
information and clicking “Pay” within the Obucks mini-digital store, you
authorize Openbucks to redeem your Obucks Card to pay for prepaid
access redeemable at the Openbucks Merchant you have selected.
4) You also authorize Openbucks to process
the redemption of your Obucks Card and to debit the amount of your
redemption from the balance of the Obucks Card, and you authorize the
Openbucks Merchant to redeem the prepaid access you purchased to pay for
the goods and services you have selected. You agree that, if your
Obucks Card redemption requires a currency conversion, for every
currency conversion, we will apply the average daily interbank market
rate published by a third-party foreign currency data provider
(Reuters). We will not charge a fee for currency conversions.
Please note: The Openbucks Service does not accept all prepaid cards.
Here are a few examples of cards that are NOT accepted by the Openbucks
Service:
- - Any form of digital cards (a.k.a. e-gift cards) except for Obucks Cards;
- - Cards purchased online, even from an authorized distributor (except for Obucks Cards)
- - Cards purchased from a secondary marketplace
- - Cards purchased or traded on a peer-to-peer platform
- - Cards traded with you in exchange for good or services or any other consideration
- - Cards given to you by friends or relatives living in a different country
No Expiration Dates. Obucks Cards and prepaid access products issued by Openbucks Merchants never expire.
No Fees Apply. The Obucks Cards and prepaid access products issued by Openbucks Merchants are not subject to fees.
Lost or Stolen Obucks Cards.
Lost or stolen Obucks Cards will not be replaced. Openbucks shall not
be liable to you for (i) lost or stolen Obucks Cards or (ii) use of any
Obucks Cards by third parties through the Openbucks Service. You are
solely responsible for keeping your Obucks Card information safe and for
any activity conducted using your Obucks Card.
Available Balance.
You can check your available balance in your Obucks Card by visiting
https://www.openbucks.com/balance.html or by calling [number]. The
balance you are provided is an estimate only. In most cases, the
balance in your Obucks Card will be adjusted immediately following your
purchase, but there may be occasions when the updated balance is delayed
for a period of time.
Persons under the age of 16 and users
previously suspended or removed from the Openbucks Service by Openbucks
may not use the Openbucks Service. You do not need to register as a user
in order to use the Openbucks Service. Obucks Cards that are purchased
from a Distributor may only be used directly by you, or by a member of
your household who has given you explicit authorization to use the
Obucks Card.
Any information that you submit to us or
that we collect through the Openbucks Service is subject to our Privacy
Policy, which is available here.
- - You agree to give us accurate and complete information when you use the Openbucks Services.
- - You agree not to use the Openbucks Services to violate the law or to engage in fraudulent conduct.
- - You agree that you will not make a purchase using the Openbucks
Service with an invalid method of payment or with payment instruments
that are not your property or without the proper authorization of the
owner.
- - You agree to pay any shipping and handling charges associated
with your Obucks Card and prepaid access products issued by Openbucks
Merchants.
- - You are responsible for paying any taxes applicable to purchases.
- - You acknowledge and agree that either Openbucks, Openbucks
Merchants, or payment transaction processors may not accept a
transaction you initiate through the Openbucks Service. If that
happens, none of Openbucks, the Openbucks Merchant or payment
transaction processor shall have any liability to you.
- - You understand that Openbucks does not have control of or
liability for any goods or services purchased from an Openbucks Merchant
or the delivery of such goods or services and shall not have any
liability to you for any actions taken or charges applied by an
Openbucks Merchant with respect to such goods or services or for any
failure of delivery of such goods or services. You acknowledge and agree
that certain features of the Openbucks Service may sometimes include
advertisements and that such advertisements are a necessary part of the
Openbucks Service.
- - You represent and warrant that you have the legal right to use
any Obucks Cards provided by you and used to initiate any transaction.
- - If you have any questions or concerns about a good or service you
have purchased from an Openbucks Merchant, you should contact the
Openbucks Merchant directly.
- - If you have any questions or concerns about the Openbucks Service
you should contact Openbucks as set out in Section XXI below.
Notwithstanding anything contained in these
Terms of Use, Obucks Cards and prepaid access issued by Openbucks
Merchants are not returnable or refundable for cash, except in states
where required by law.
If you are not satisfied with a good or
service you purchased from an Openbucks Merchant, you may request from
that Openbucks Merchant a refund. Openbucks Merchants, however, are not
obliged to issue refunds for goods or services purchased, but they may
choose to do so in certain circumstances. To request a refund, you must
contact the Openbucks Merchant directly. If the Openbucks Merchant
agrees to issue a refund, that refund will be issued directly by the
Openbucks Merchant.
We may block or cancel your Obucks Card or
access to the Openbucks Service for any reason, at our discretion.
Cancellation may include limiting your payments, cancelling any order,
or deactivating any Obucks Card that we reasonably believe to be linked
to fraudulent or abnormal activities, or activities that are not in line
with Openbucks internal policies, in each case, at our sole discretion.
You agree that you will not use an Obucks Card that has been blocked
or cancelled.
We will not send you a periodic statement
listing transactions that you make using the Obucks Card. The
transactions will appear only on the statement issued by your bank or
other financial institution if you paid for the Obucks Card using a card
issued by a bank or financial institution. SAVE THE RECEIPTS YOU ARE
GIVEN WHEN YOU USE YOUR OBUCKS CARD, AND CHECK THEM AGAINST THE ACCOUNT
STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If
you have any questions about one of these transactions, call or write us
at the telephone number and address indicated in Section XXI below.
You are solely responsible for any and all
amounts payable to Openbucks Merchants as described in these Terms of
Use, or to other third parties associated with your use of the Openbucks
Service.
From time to time, we may change, modify,
add, or remove portions of the Terms of Use, and reserve the right to do
so in our sole discretion. If we modify the Terms of Use, we will make
them available through the Openbucks Service and indicate the date of
the latest revision. We encourage users to review the Terms of Use
periodically for changes. Disputes between you and Openbucks will be
governed by the version of the Terms of Use that was in effect on the
date the dispute arose.
You may not access the Openbucks Service in
territories where its contents, features, or practices are not
permitted, or in countries or jurisdictions which are not permissible
under Openbucks internal policies. Those who choose to access the
Openbucks Service do so at their own initiative and are solely
responsible for compliance with all non-U.S. local laws and rules
including, without limitation, rules about the internet, data, email or
privacy.
You may only use the Openbucks Service for
personal, non-commercial purposes, unless Openbucks has given you
explicit written permission in advance to do otherwise.
You agree that you will not use any robot,
spider, scraper, or other automated means to access the Openbucks
Service for any purpose without our express written permission, or
bypass our robot exclusion headers or other measures we may use to
prevent or restrict automated or manual access to the Openbucks Service.
We encourage you to provide Openbucks with
comments, bug reports, suggestions for modifications, and your thoughts
about Openbucks in general (“Feedback”).
In return, we shall have the right to use such Feedback in our
discretion, including but not limited to the incorporation of such
suggested changes into the Openbucks Service and the right to assign,
license or otherwise use the Openbucks Service. You hereby grant us a
perpetual, irrevocable, nonexclusive license under all rights necessary
to incorporate and use your Feedback for any purpose.
All elements of the Openbucks Service provided by Openbucks (“Openbucks Materials”)
are property of Openbucks or its subsidiaries or affiliated companies
and/or third-party licensors, including Openbucks Merchants. Openbucks
Materials are protected by intellectual property rights and laws.
Openbucks hereby grants you a limited,
personal, non-transferable and revocable license to access and use the
Openbucks Service only as expressly permitted in these Terms of Use. We
do not grant you any other rights or license with respect to the
Openbucks Materials or Openbucks Service.
The Openbucks Service may include links to other web sites or services, including websites of Openbucks Merchants (“Linked Sites”).
You acknowledge and agree that Linked Sites may be governed by a
separate set of terms and conditions and you agree to abide by those
terms and conditions when you visit Linked Sites. Openbucks makes no
express or implied warranties with regard to the information, material,
products, or services that are contained on or accessible through linked
sites. Access and use of Linked Sites, including the information,
material, products, and services on Linked Sites or available through
Linked Sites, is solely at your own risk. Your correspondence or
business dealings with, or participation in promotions of, advertisers
found on or through Linked Sites on the Openbucks Service are solely
between you and such advertiser. YOU AGREE THAT OPENBUCKS WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE
RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH
ADVERTISERS ON THE OPENBUCKS SERVICE.
You acknowledge and agree that access to the
Internet and other communication media is associated with risks
concerning authentication, data security, privacy, availability of
services, and reliability of transmission. You agree to bear full and
exclusive responsibility arising from such risks and consequences of
your usage of the Openbucks Service. Openbucks takes precautionary
measures to protect its network against third party access; however,
full protection against unauthorized access cannot be guaranteed and we
are not responsible for such access.
THE OPENBUCKS SERVICE AND ALL INFORMATION,
GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR
OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUCKS MERCHANT
INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS ARE PROVIDED “AS IS”
AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU TO THE
FULLEST EXTENT PERMITTED BY LAW. OPENBUCKS DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE
OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND
OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT)
INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS
SERVICE, ANY OPENBUCKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY
OPENBUCKS.
YOU AGREE TO INDEMNIFY AND HOLD OPENBUCKS,
ITS AFFILIATED COMPANIES, AND ITS SUPPLIERS AND PARTNERS HARMLESS FROM
ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING ATTORNEY’S FEES,
ARISING OUT OF YOUR USE OR MISUSE OF THE OPENBUCKS SERVICE, VIOLATION OF
THESE TERMS OF USE, VIOLATION OF THE RIGHTS OF ANY PERSON OR ENTITY, OR
ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS YOU MAKE
HEREIN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE
EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED
TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE
CLAIMS.
Limitation on Type of Liability.
IN NO EVENT SHALL OPENBUCKS OR ANY OF ITS AFFILIATES, MERCHANTS, THIRD
PARTY PAYMENT PROCESSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, LIQUIDATED, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, PROFITS, BUSINESS, DATA OR OTHER
INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE USE,
INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF
THE OPENBUCKS SERVICE, EVEN IF OPENBUCKS HAS BEEN ADVISED PREVIOUSLY OF
THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN
CONTRACT, NEGLIGENCE, TORT OR OTHERWISE.
Limitation on Amount of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR
LIABILITY TO YOU FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNTS
PAID BY YOU TO OPENBUCKS IN THE 12 MONTHS PRECEDING THE EVENTS GIVING
RISE TO THE CLAIM, OR $1000.00 (ONE THOUSAND U.S. DOLLARS). CERTAIN
JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF
LIABILITY OR DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree that if Openbucks does not exercise
or enforce any legal right or remedy which is contained in the Terms of
Use (or which Openbucks has the benefit of under any applicable law),
this will not be taken to be a formal waiver of Openbucks’ rights and
that those rights or remedies will still be available to Openbucks.
The provisions of these Terms of Use shall be
considered separable. If any court of law, having the jurisdiction to
decide on this matter, rules that any provision of these Terms of Use is
invalid, then that provision will be removed from the Terms of Use
without affecting the rest of the Terms of Use. The remaining provisions
of the Terms of Use will continue to be valid and enforceable.
We may assign these Terms of Use at any time, without notice.
PLEASE READ THIS SECTION XIX
(THE “ARBITRATION PROVISION”) CAREFULLY BECAUSE IT REQUIRES YOU AND US
(AS SUCH TERMS ARE DEFINED BELOW) TO ARBITRATE CERTAIN DISPUTES AND
CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH EACH PARTY
CAN SEEK RELIEF FROM EACH OTHER.
- 1. Definitions. As used in
this Arbitration Provision, the terms “we,”
or “us” shall for all purposes include us, our parents, wholly or
majority-owned subsidiaries, affiliates, licensees, predecessors,
successors, and assigns and all of their respective agents, employees,
directors, and representatives. In addition, “we,” and “us” shall also
encompass any third party using or providing any product, service, or
benefit in connection with any Obucks Card, in each case, in connection
with a Claim (as defined below) asserted by you, if, and only if, such
third party is named as a co-party with Openbucks or files a Claim with
or against Openbucks. As solely used in this Arbitration Provision, the
terms “you” or “yours” shall mean all persons or entities who have or
use an Obucks Card, including but not limited to all persons or entities
contractually obligated under any of these Terms of Use.
- 2. Claims Shall Be Settled by Arbitration.
These Terms of Use and any past, present and future claim or
controversy arising out of or relating thereto, including any claim
against us in connection with or relating to use of the Openbucks
Services (each, a “Claim”), are governed by this Arbitration Provision.
Any Claim, including questions involving the scope,
interpretation, or enforceability of this Arbitration Provision, will be
settled by binding individual arbitration administered by the American
Arbitration Association pursuant to its then-current Consumer
Arbitration Rules and Supplementary Procedures for Consumer Related
Disputes (collectively, “AAA Rules”) (available at www.adr.org/Rules),
and will be arbitrated in Miami-Dade County, Florida, unless you elect
to conduct proceedings telephonically or via other remote electronic
means, or unless otherwise required under applicable AAA Rules. Each
party will bear its own attorneys’, experts’ and witness fees. The AAA
Rules will govern payment of all arbitration fees.
- 3. Collective Arbitration. Arbitration proceedings may not be consolidated with those of other Obucks Card holders.
Neither you nor we will have the right to participate as a member of
any class of claimants pertaining to any Claim and each party expressly
waives its right to assert or to participate as a part of any group,
class, collective, mass, representative, or consolidated claim (each, a
“Collective Arbitration”). Third parties’ claims will not be joined in any arbitration between you and us.
Without limiting the generality of the foregoing, a Claim will be
deemed a Collective Arbitration if (i) two (2) or more similar claims
for arbitration are filed concurrently by or on behalf of one or more
claimants; and (ii) counsel for the claimants are the same, share fees,
or coordinate across the arbitrations. “Concurrently” for purposes of
this provision means that both arbitrations are pending (filed but not
yet resolved) at the same time.
- 4. Federal Arbitration Act.
This Arbitration Provision is made pursuant to a transaction involving
interstate commerce and will be governed by the Federal Arbitration Act,
9 U.S.C. 1-16 (“FAA”), notwithstanding any other choice of law set out
in this Agreement. Except to the extent needed to enforce this
Arbitration Provision or any arbitral award issued hereunder, the
parties waive all rights to a court or jury trial to resolve any Claims.
- 5. OPT-OUT OF AGREEMENT TO ARBITRATE. You may decline this agreement to arbitrate by contacting legal.departmentNA@paysafe.com
within thirty (30) days of first accepting these Terms of Use. You
must indicate in the email heads: OPT OUT-OPENBUCKS SERVICE-OBUCKS CARDS
and must state that you (include your first and last name) decline this
Arbitration Provision. By opting out of the agreement to arbitrate, you
will not be precluded from using the services but neither you nor we
will be permitted to invoke the mutual agreement to arbitrate to resolve
Claims under the terms otherwise provided herein.
- 6. Survival. This Arbitration
Provision shall survive termination of your Obucks Card as well as
voluntary payment of any debt in full by you, any legal proceeding by us
to collect a debt owed by you, and any bankruptcy by you or us. If any
portion of this Arbitration Provision is deemed invalid or
unenforceable under any principle or provision of law or equity,
consistent with the FAA, it shall not invalidate the remaining portions
of this Arbitration Provision, these Terms of Use or any prior
agreements you have had with us, each of which shall be enforceable
regardless of such invalidity.
- 7. Class Action and Collective Arbitration Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE
SHALL BE ENTITLED TO CONSOLIDATE, JOIN, OR COORDINATE DISPUTES BY OR
AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE
ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A
REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A
CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY
CLAIM, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY
WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS
AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF THIS SECTION 7 ARE FOUND
TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS
ARBITRATION PROVISION MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON
EITHER PARTY’S ELECTION.
Sections XIV, XV, XVI, XVII and XIX will survive any termination or expiration of these Terms of Use.
If you have any questions about these Terms of Use or the Openbucks Service that are not answered on the Openbucks website at https://www.openbucks.com/support/customers.html, please contact us at:
Openbucks Corp.
440 N. Wolfe Rd.
Sunnyvale CA, 94085
Email: support@openbucks.com