Common use of BASIS FOR THE PROVISION OF SERVICES Clause in Contracts

BASIS FOR THE PROVISION OF SERVICES. 2.1. The Company is duly licensed as an Electronic Money Institution (“E.M.I.”) within the meaning of definition given by the Electronic Money Laws of Cyprus of 2012 and 2018 and is under the prudential supervision of the Central Bank of Cyprus with license / authorisation number 000.0.0.00/0000. 2.2. Oro Pay is the brand under which the Company offers its services as an E.M.I. 2.3. The Company’s main business is the issuance of E-money and the provision of services closely related to the issuance of E-money. A description of the main characteristics of the Oro Pay Service is set out and accessible in Oro Pay website(s). Since the service is limited to E-money (or maintaining balances), which does not qualify as a deposit or an investment service in the sense of the Law, you are not protected by the Investor Compensation Fund ("ICF") scheme for Clients of Banks provided in Cyprus. 2.4. The Company enables you to make payments to and accept payments from third parties. The Company does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence. 2.5. Protecting your privacy is of utmost importance to the Company. Please review our Privacy Policy to understand how we aim to protect your privacy and how we intent to use your information. The processing of your data is ultimately governed by our Privacy Policy which can be found online on our website (As amended from time to time). You are kindly advised to print and keep a copy of the Privacy Policy together with these Terms & Conditions for your records, and also to periodically check the online version of the Privacy Policy for any amendments. Your Privacy is protected under the Law 125(I)/2018 providing for the protection of natural persons with regard to the processing of personal data and for the free movement of such data (substituting previous Law 138(I)-2001), as well as from EU relevant regulations and directives as amended from time to time. 2.6. The URLs representing the Company’s website(s), "Oro Pay" and all related logos of our products and services described in our website(s) are either copyrighted by the Company, trademarks or registered trademarks of Oro Pay or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by Oro Pay, service marks, trademarks, and/or trade dress of Oro Pay. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a merchant, may use HTML logos provided by the Company through our merchant services, auction tools features or affiliate programmes without prior written consent for the sole purpose of identifying yourself on your website as a merchant who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Oro Pay or the Services or display them in any manner that implies the Company’s sponsorship or endorsement. All right, title and interest in and to the Oro Pay website and any content thereon is the exclusive property of the Company and its licensors. 2.7. When providing us with content or posting content (in each case for publication, whether on- or off- line) using the Services, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the Company’s use of such content (including of works derived from it) in connection with the Services. 2.8. The official language of communication will be the same as the language used to communicate this Agreement to you. You agree that the methods of providing information to you include: – The Oro Pay website; – Internet Bank; – Email to the email address you provided in your Account (to receive such email communication you need to ensure that you are online and that you email account is accessible); – By postal mail to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Oro Pay website(s), Internet Bank or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. These time frames exclude notifications in relation to amendments to the Agreement. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information and you may terminate your consent to receive required disclosures through electronic communications by contacting Oro Pay as described below. Oro Pay reserves the right to close your Account if you withdraw your consent to receive electronic communications. 2.9. Notices to Oro Pay made in connection with this Agreement must be sent either: - By Internet Bank; - By post to Oro Pay’s head office addressed to Legal and Compliance: Agiou Athanasiou 0, Xxxxxxxxx, Xxxxxxxx 0000, Xxxxxx; - Via email to Client Support at xxxxxxx@XxxXxx.xxx where one of Oro Pay’s representatives will remit it to the Department handling matters such as yours, and where a responsible person will return with a response within 24 hours or the sooner possible from receipt of your email. 2.10. Your Transaction History and Balance details can be accessed in the Internet Bank. Oro Pay will refrain from sending you periodic statements by either physical or electronic mail. With this you acknowledge and agree to review your transactions through your Account and the relevant transaction history section. If for any reason (such as restricted access) it is impossible to access your transaction history through your account, you may contact one of our representatives to assist you on the matter either by email at xxxxxxx@xxxxxx.xxx or by phone at +(000) 00000000. 2.11. You may not transfer or assign any rights or obligations you have under this Agreement without the Company’s prior written consent. Transferring your account to a third party is strictly prohibited. On the contrary Oro Pay has and reserves the right to transfer or assign any right or obligation under this Agreement (or the entirety of this Agreement) at any time without requiring your consent. Of course, this right does not prevent you from closing your account with Oro Pay and terminating this agreement as stipulated in the termination section below. 2.12. This Agreement may be amended at any time by Oro Pay alone and may include changes in the terms and conditions as required by regulatory changes or as needed due to changes in the Service (additions or deletions), as well as changes to the charges and fees stated in the Schedule of Fees as posted online on Oro Pay’ website(s). Any amendment will be communicated to the Client via the Oro Pay website(s) or by email no later than 5 Business Days after any such change has been posted online as pending (changes will be posted online highlighted with yellow and with a reference to the date of proposed amendment with their status “as pending” for one month thereof before enter into effect for the Client to get notified – if not already notified via email- of such and have the opportunity to terminate the Agreement if opposes to any pending amendments). The time given for changes to enter into effect is one month following the posting of any such change online to Oro Pay website marked as “pending” or one month after the Client has been sent an email notifying them of such change (the “change notice”), except in cases where the amendments are required by the Law and have to take effect immediately. Notwithstanding any clause onto this Agreement or other Oro Pay Legal Agreements to the contrary, immediate will be any amendments necessary due to the enrichment of the Service and its delivery, or in cases where your rights and obligations are not adversely affected, always to the extent this is permitted by the law. We will not provide the Client with any notice of such immediate changes. During the one-month period following any notice, the Client will have the right –as it always reserves such right even without a reason / cause- to terminate the Agreement and close the account at any time. Should the Client refrain from taking any such action during the one month period and the period lapses, Oro Pay will consider it as an acceptance of the amendments and the Agreement will remain in effect. The fact that you may close your account free of charge and at any time does not preclude you from potential liabilities that may have incurred prior to the closing of the account and for which you may be responsible for. Refer to the relevant section on account closing for additional information.

Appears in 2 contracts

Samples: General Client Agreement, General Client Agreement

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BASIS FOR THE PROVISION OF SERVICES. 2.1. The Company is duly licensed as an Electronic Money Institution (“E.M.I.”) within the meaning of definition given by the Electronic Money Laws of Cyprus of 2012 and 2018 and is under the prudential supervision of the Central Bank of Cyprus with license / authorisation number 000.0.0.00/0000. 2.2. Oro Pay is the brand under which the Company offers its services as an E.M.I. 2.3. The Company’s main business is the issuance of E-money and the provision of services closely related to the issuance of E-money. A description of the main characteristics of the Oro Pay Service is set out and accessible in Oro Pay website(s). Since the service is limited to E-money (or maintaining balances), which does not qualify as a deposit or an investment service in the sense of the Law, you are not protected by the Investor Compensation Fund ("ICF") scheme for Clients of Banks provided in Cyprus. 2.4. The Company enables you to make payments to and accept payments from third parties. The Company does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence. 2.5. Protecting your privacy is of utmost importance to the Company. Please review our Privacy Policy to understand how we aim to protect your privacy and how we intent to use your information. The processing of your data is ultimately governed by our Privacy Policy which can be found online on our website (As amended from time to time). You are kindly advised to print and keep a copy of the Privacy Policy together with these Terms & Conditions for your records, and also to periodically check the online version of the Privacy Policy for any amendments. Your Privacy is protected under the Law 125(I)/2018 providing for the protection of natural persons with regard to the processing of personal data and for the free movement of such data (substituting previous Law 138(I)-2001), as well as from EU relevant regulations and directives as amended from time to time. 2.6. The URLs representing the Company’s website(s), "Oro Pay" and all related logos of our products and services described in our website(s) are either copyrighted by the Company, trademarks or registered trademarks of Oro Pay or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by Oro Pay, service marks, trademarks, and/or trade dress of Oro Pay. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a merchant, may use HTML logos provided by the Company through our merchant services, auction tools features or affiliate programmes without prior written consent for the sole purpose of identifying yourself on your website as a merchant who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Oro Pay or the Services or display them in any manner that implies the Company’s sponsorship or endorsement. All right, title and interest in and to the Oro Pay website and any content thereon is the exclusive property of the Company and its licensors. 2.7. When providing us with content or posting content (in each case for publication, whether on- or off- line) using the Services, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the Company’s use of such content (including of works derived from it) in connection with the Services. 2.8. The official language of communication will be the same as the language used to communicate this Agreement to you. You agree that the methods of providing information to you include: – The Oro Pay website; – Internet Bank; – Email to the email address you provided in your Account (to receive such email communication you need to ensure that you are online and that you email account is accessible); – By postal mail to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Oro Pay website(s), Internet Bank or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. These time frames exclude notifications in relation to amendments to the Agreement. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information and you may terminate your consent to receive required disclosures through electronic communications by contacting Oro Pay as described below. Oro Pay reserves the right to close your Account if you withdraw your consent to receive electronic communications. 2.9. Notices to Oro Pay made in connection with this Agreement must be sent either: - By Internet Bank; - By post to Oro Pay’s head office addressed to Legal and Compliance: Agiou Athanasiou 0Xxxxx Xxxxxxxxxx 9, Xxxxxxxxx, Xxxxxxxx 0000, Xxxxxx; - Via email to Client Support at xxxxxxx@XxxXxx.xxx where one of Oro Pay’s representatives will remit it to the Department handling matters such as yours, and where a responsible person will return with a response within 24 hours or the sooner possible from receipt of your email. 2.10. Your Transaction History and Balance details can be accessed in the Internet Bank. Oro Pay will refrain from sending you periodic statements by either physical or electronic mail. With this you acknowledge and agree to review your transactions through your Account and the relevant transaction history section. If for any reason (such as restricted access) it is impossible to access your transaction history through your account, you may contact one of our representatives to assist you on the matter either by email at xxxxxxx@xxxxxx.xxx or by phone at +(000) 00000000. 2.11. You may not transfer or assign any rights or obligations you have under this Agreement without the Company’s prior written consent. Transferring your account to a third party is strictly prohibited. On the contrary Oro Pay has and reserves the right to transfer or assign any right or obligation under this Agreement (or the entirety of this Agreement) at any time without requiring your consent. Of course, this right does not prevent you from closing your account with Oro Pay and terminating this agreement as stipulated in the termination section below. 2.12. This Agreement may be amended at any time by Oro Pay alone and may include changes in the terms and conditions as required by regulatory changes or as needed due to changes in the Service (additions or deletions), as well as changes to the charges and fees stated in the Schedule of Fees as posted online on Oro Pay’ website(s). Any amendment will be communicated to the Client via the Oro Pay website(s) or by email no later than 5 Business Days after any such change has been posted online as pending (changes will be posted online highlighted with yellow and with a reference to the date of proposed amendment with their status “as pending” for one month thereof before enter into effect for the Client to get notified – if not already notified via email- of such and have the opportunity to terminate the Agreement if opposes to any pending amendments). The time given for changes to enter into effect is one month following the posting of any such change online to Oro Pay website marked as “pending” or one month after the Client has been sent an email notifying them of such change (the “change notice”), except in cases where the amendments are required by the Law and have to take effect immediately. Notwithstanding any clause onto this Agreement or other Oro Pay Legal Agreements to the contrary, immediate will be any amendments necessary due to the enrichment of the Service and its delivery, or in cases where your rights and obligations are not adversely affected, always to the extent this is permitted by the law. We will not provide the Client with any notice of such immediate changes. During the one-month period following any notice, the Client will have the right –as it always reserves such right even without a reason / cause- to terminate the Agreement and close the account at any time. Should the Client refrain from taking any such action during the one month period and the period lapses, Oro Pay will consider it as an acceptance of the amendments and the Agreement will remain in effect. The fact that you may close your account free of charge and at any time does not preclude you from potential liabilities that may have incurred prior to the closing of the account and for which you may be responsible for. Refer to the relevant section on account closing for additional information.

Appears in 1 contract

Samples: General Client Agreement

BASIS FOR THE PROVISION OF SERVICES. 2.1. The Company is duly licensed as an Electronic Money Institution (“E.M.I.”) within the meaning of definition given by the Electronic Money Laws of Cyprus of 2012 and 2018 and is under the prudential supervision of the Central Bank of Cyprus with license / authorisation number 000.0.0.00/0000. 2.2. Oro Pay is the brand under which the Company offers its services as an E.M.I. 2.3. The Company’s main business is the issuance of E-money and the provision of services closely related to the issuance of E-money. A description of the main characteristics of the Oro Pay Service is set out and accessible in Oro Pay website(s). Since the service is limited to E-money (or maintaining balances), which does not qualify as a deposit or an investment service in the sense of the Law, you are not protected by the Investor Compensation Fund ("ICF") scheme for Clients of Banks provided in Cyprus. 2.4. The Company enables you to make payments to and accept payments from third parties. The Company does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence. 2.5. Protecting your privacy is of utmost importance to the Company. Please review our Privacy Policy to understand how we aim to protect your privacy and how we intent to use your information. The processing of your data is ultimately governed by our Privacy Policy which can be found online on our website (As amended from time to time). You are kindly advised to print and keep a copy of the Privacy Policy together with these Terms & Conditions for your records, and also to periodically check the online version of the Privacy Policy for any amendments. Your Privacy is protected under the Law 125(I)/2018 providing for the protection of natural persons with regard to the processing of personal data and for the free movement of such data (substituting previous Law 138(I)-2001), as well as from EU relevant regulations and directives as amended from time to time. 2.6. The URLs representing the Company’s website(s), "Oro Pay" and all related logos of our products and services described in our website(s) are either copyrighted by the Company, trademarks or registered trademarks of Oro Pay or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by Oro Pay, service marks, trademarks, and/or trade dress of Oro Pay. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a merchant, may use HTML logos provided by the Company through our merchant services, auction tools features or affiliate programmes without prior written consent for the sole purpose of identifying yourself on your website as a merchant who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Oro Pay or the Services or display them in any manner that implies the Company’s sponsorship or endorsement. All right, title and interest in and to the Oro Pay website and any content thereon is the exclusive property of the Company and its licensors. 2.7. When providing us with content or posting content (in each case for publication, whether on- or off- line) using the Services, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the Company’s use of such content (including of works derived from it) in connection with the Services. 2.8. The official language of communication will be the same as the language used to communicate this Agreement to you. You agree that the methods of providing information to you include: – The Oro Pay website; – Internet Bank; – Email to the email address you provided in your Account (to receive such email communication you need to ensure that you are online and that you email account is accessible); – By postal mail to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Oro Pay website(s), Internet Bank or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. These time frames exclude notifications in relation to amendments to the Agreement. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information and you may terminate your consent to receive required disclosures through electronic communications by contacting Oro Pay as described below. Oro Pay reserves the right to close your Account if you withdraw your consent to receive electronic communications. 2.9. Notices to Oro Pay made in connection with this Agreement must be sent either: - By Internet Bank; - By post to Oro Pay’s head office addressed to Legal and Compliance: Agiou Athanasiou 0Xxxxx Xxxxxxxxxx 9, Xxxxxxxxx, Xxxxxxxx 0000, Xxxxxx; - Via email to Client Support at xxxxxxx@XxxXxx.xxx support@Oro Xxx.xxx where one of Oro Pay’s representatives will remit it to the Department handling matters such as yours, and where a responsible person will return with a response within 24 hours or the sooner possible from receipt of your email. 2.10. Your Transaction History and Balance details can be accessed in the Internet Bank. Oro Pay will refrain from sending you periodic statements by either physical or electronic mail. With this you acknowledge and agree to review your transactions through your Account and the relevant transaction history section. If for any reason (such as restricted access) it is impossible to access your transaction history through your account, you may contact one of our representatives to assist you on the matter either by email at xxxxxxx@xxxxxx.xxx support@Oro Xxx.xxx or by phone at +(000) 00000000. 2.11. You may not transfer or assign any rights or obligations you have under this Agreement without the Company’s prior written consent. Transferring your account to a third party is strictly prohibited. On the contrary Oro Pay has and reserves the right to transfer or assign any right or obligation under this Agreement (or the entirety of this Agreement) at any time without requiring your consent. Of course, this right does not prevent you from closing your account with Oro Pay and terminating this agreement as stipulated in the termination section below. 2.12. This Agreement may be amended at any time by Oro Pay alone and may include changes in the terms and conditions as required by regulatory changes or as needed due to changes in the Service (additions or deletions), as well as changes to the charges and fees stated in the Schedule of Fees as posted online on Oro Pay’ website(s). Any amendment will be communicated to the Client via the Oro Pay website(s) or by email no later than 5 Business Days after any such change has been posted online as pending (changes will be posted online highlighted with yellow and with a reference to the date of proposed amendment with their status “as pending” for one month thereof before enter into effect for the Client to get notified – if not already notified via email- of such and have the opportunity to terminate the Agreement if opposes to any pending amendments). The time given for changes to enter into effect is one month following the posting of any such change online to Oro Pay website marked as “pending” or one month after the Client has been sent an email notifying them of such change (the “change notice”), except in cases where the amendments are required by the Law and have to take effect immediately. Notwithstanding any clause onto this Agreement or other Oro Pay Legal Agreements to the contrary, immediate will be any amendments necessary due to the enrichment of the Service and its delivery, or in cases where your rights and obligations are not adversely affected, always to the extent this is permitted by the law. We will not provide the Client with any notice of such immediate changes. During the one-month period following any notice, the Client will have the right –as it always reserves such right even without a reason / cause- to terminate the Agreement and close the account at any time. Should the Client refrain from taking any such action during the one month period and the period lapses, Oro Pay will consider it as an acceptance of the amendments and the Agreement will remain in effect. The fact that you may close your account free of charge and at any time does not preclude you from potential liabilities that may have incurred prior to the closing of the account and for which you may be responsible for. Refer to the relevant section on account closing for additional information.

Appears in 1 contract

Samples: General Client Agreement

BASIS FOR THE PROVISION OF SERVICES. 2.1. The Company is duly licensed as an Electronic Money Institution (“E.M.I.”) within the meaning of definition given by the Electronic Money Laws of Cyprus of 2012 and 2018 and is under the prudential supervision of the Central Bank of Cyprus with license / authorisation number 000.0.0.00/0000. 2.2. Oro Pay OROPAY is the brand under which the Company offers its services as an E.M.I. 2.3. The Company’s main business is the issuance of E-money and the provision of services closely related to the issuance of E-money. A description of the main characteristics of the Oro Pay OROPAY Service is set out and accessible in Oro Pay OROPAY website(s). Since the service is limited to E-money (or maintaining balances), which does not qualify as a deposit or an investment service in the sense of the Law, you are not protected by the Investor Compensation Fund ("ICF") scheme for Clients of Banks provided in Cyprus. 2.4. The Company enables you to make payments to and accept payments from third parties. The Company does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence. 2.5. Protecting your privacy is of utmost importance to the Company. Please review our Privacy Policy to understand how we aim to protect your privacy and how we intent to use your information. The processing of your data is ultimately governed by our Privacy Policy which can be found online on our website (As amended from time to time). You are kindly advised to print and keep a copy of the Privacy Policy together with these Terms & Conditions for your records, and also to periodically check the online version of the Privacy Policy for any amendments. Your Privacy is protected under the Law 125(I)/2018 providing for the protection of natural persons with regard to the processing of personal data and for the free movement of such data (substituting previous Law 138(I)-2001), as well as from EU relevant regulations and directives as amended from time to time. 2.6. The URLs representing the Company’s website(s), "Oro PayOROPAY" and all related logos of our products and services described in our website(s) are either copyrighted by the Company, trademarks or registered trademarks of Oro Pay OROPAY or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by Oro PayOROPAY, service marks, trademarks, and/or trade dress of Oro PayOROPAY. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a merchant, may use HTML logos provided by the Company through our merchant services, auction tools features or affiliate programmes without prior written consent for the sole purpose of identifying yourself on your website as a merchant who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Oro Pay OROPAY or the Services or display them in any manner that implies the Company’s sponsorship or endorsement. All right, title and interest in and to the Oro Pay OROPAY website and any content thereon is the exclusive property of the Company and its licensors. 2.7. When providing us with content or posting content (in each case for publication, whether on- or off- off-line) using the Services, you grant the Company a non-non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the Company’s use of such content (including of works derived from it) in connection with the Services. 2.8. The official language of communication will be the same as the language used to communicate this Agreement to you. You agree that the methods of providing information to you include: – The Oro Pay website; – Internet BankOROPAY website (including the posting of information accessible to you after your account login); – Email to the email address you provided in your Account (to receive such email communication you need to ensure that you are online and that you email account is accessible); – By postal mail to the street address listed in your Account. ; Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Oro Pay OROPAY website(s), Internet Bank ) or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. These time frames exclude notifications in relation to amendments to the Agreement. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information and you may terminate your consent to receive required disclosures through electronic communications by contacting Oro Pay OROPAY as described below. Oro Pay OROPAY reserves the right to close your Account if you withdraw your consent to receive electronic communications. 2.9. Notices to Oro Pay OROPAY made in connection with this Agreement must be sent either: - By Internet Bank; - By post to Oro PayOROPAY’s head office addressed to Legal and Compliance: Agiou Athanasiou Xxxxx Xxxxxxxxxx 0, XxxxxxxxxLinopetra, Xxxxxxxx 0000Limassol 4102, XxxxxxCyprus (for the attention of the Customer Service Officer); - Via email to Client Customer Support at xxxxxxx@XxxXxx.xxx xxxxxxx@xxxxxx.xxx where one of Oro PayOROPAY’s representatives will remit it to the Department handling matters such as yours, and where a responsible person will return with a response within 24 hours or the sooner possible from receipt of your email. 2.10. Your Transaction History and Balance details can be accessed in by logging into your account and selecting the Internet BankHistory tab/button. Oro Pay OROPAY will refrain from sending you periodic statements by either physical or electronic mail. With this you acknowledge and agree to review your transactions through your Account and the relevant transaction history section. If for any reason (such as restricted access) it is impossible to access your transaction history through your account, you may contact one of our representatives to assist you on the matter either by email at xxxxxxx@xxxxxx.xxx or by phone at +(000) 00000000. 2.11. You may not transfer or assign any rights or obligations you have under this Agreement without the Company’s prior written consent. Transferring your account to a third party is strictly prohibited. On the contrary Oro Pay OROPAY has and reserves the right to transfer or assign any right or obligation under this Agreement (or the entirety of this Agreement) at any time without requiring your consent. Of course, this right does not prevent you from closing your account with Oro Pay OROPAY and terminating this agreement as stipulated in the termination section below. 2.12. This Agreement may be amended at any time by Oro Pay OROPAY alone and may include changes in the terms and conditions as required by regulatory changes or as needed due to changes in the Service (additions or deletions), as well as changes to the charges and fees stated in the Schedule of Fees as posted online on Oro PayOROPAY’ website(s). Any amendment will be communicated to the Client via the Oro Pay OROPAY website(s) or by email no later than 5 Business Days after any such change has been posted online as pending (changes will be posted online highlighted with yellow and with a reference to the date of proposed amendment with their status “as pending” for one month thereof before enter into effect for the Client to get notified – if not already notified via email- of such and have the opportunity to terminate the Agreement if opposes to any pending amendments). The time given for changes to enter into effect is one month following the posting of any such change online to Oro Pay OROPAY website marked as “pending” or one month after the Client has been sent an email notifying them of such change (the “change notice”), except in cases where the amendments are required by the Law and have to take effect immediately. Notwithstanding any clause onto this Agreement or other Oro Pay OROPAY Legal Agreements to the contrary, immediate will be any amendments necessary due to the enrichment of the Service and its delivery, or in cases where your rights and obligations are not adversely affected, always to the extent this is permitted by the law. We will not provide the Client with any notice of such immediate changes. During the one-month period following any notice, the Client will have the right –as it always reserves such right even without a reason / cause- to terminate the Agreement and close the account at any time. Should the Client refrain from taking any such action during the one month period and the period lapses, Oro Pay OROPAY will consider it as an acceptance of the amendments and the Agreement will remain in effect. The fact that you may close your account free of charge and at any time time, does not preclude you from potential liabilities that may have incurred prior to the closing of the account and for which you may be responsible for. Refer to the relevant section on account closing for additional information.

Appears in 1 contract

Samples: General Client Agreement

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BASIS FOR THE PROVISION OF SERVICES. 2.1. The Company is duly licensed as an Electronic Money Institution (“E.M.I.”) within the meaning of definition given by the Electronic Money Laws of Cyprus of 2012 and 2018 and is under the prudential supervision of the Central Bank of Cyprus with license / authorisation number 000.0.0.00/0000. 2.2. Oro Pay is the brand under which the Company offers its services as an E.M.I. 2.3. The Company’s main business is the issuance of E-money and the provision of services closely related to the issuance of E-money. A description of the main characteristics of the Oro Pay Service is set out and accessible in Oro Pay website(s). Since the service is limited to E-money (or maintaining balances), which does not qualify as a deposit or an investment service in the sense of the Law, you are not protected by the Investor Compensation Fund ("ICF") scheme for Clients of Banks provided in Cyprus. 2.4. The Company enables you to make payments to and accept payments from third parties. The Company does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence. 2.5. Protecting your privacy is of utmost importance to the Company. Please review our Privacy Policy to understand how we aim to protect your privacy and how we intent to use your information. The processing of your data is ultimately governed by our Privacy Policy which can be found online on our website (As amended from time to time). You are kindly advised to print and keep a copy of the Privacy Policy together with these Terms & Conditions for your records, and also to periodically check the online version of the Privacy Policy for any amendments. Your Privacy is protected under the Law 125(I)/2018 providing for the protection of natural persons with regard to the processing of personal data and for the free movement of such data (substituting previous Law 138(I)-2001), as well as from EU relevant regulations and directives as amended from time to time. 2.6. The URLs representing the Company’s website(s), "Oro Pay" and all related logos of our products and services described in our website(s) are either copyrighted by the Company, trademarks or registered trademarks of Oro Pay or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by Oro Pay, service marks, trademarks, and/or trade dress of Oro Pay. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. You, as a merchant, may use HTML logos provided by the Company through our merchant services, auction tools features or affiliate programmes without prior written consent for the sole purpose of identifying yourself on your website as a merchant who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Oro Pay or the Services or display them in any manner that implies the Company’s sponsorship or endorsement. All right, title and interest in and to the Oro Pay website and any content thereon is the exclusive property of the Company and its licensors. 2.7. When providing us with content or posting content (in each case for publication, whether on- or off- line) using the Services, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the Company’s use of such content (including of works derived from it) in connection with the Services. 2.8. The official language of communication will be the same as the language used to communicate this Agreement to you. You agree that the methods of providing information to you include: – The Oro Pay website; – Internet Bank; – Email to the email address you provided in your Account (to receive such email communication you need to ensure that you are online and that you email account is accessible); – By postal mail to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to the Oro Pay website(s), Internet Bank or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. These time frames exclude notifications in relation to amendments to the Agreement. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information and you may terminate your consent to receive required disclosures through electronic communications by contacting Oro Pay as described below. Oro Pay reserves the right to close your Account if you withdraw your consent to receive electronic communications. 2.9. Notices to Oro Pay made in connection with this Agreement must be sent either: - By Internet Bank; - By post to Oro Pay’s head office addressed to Legal and Compliance: Agiou Athanasiou 09, XxxxxxxxxLinopetra, Xxxxxxxx 0000Limassol 4102, XxxxxxCyprus; - Via email to Client Support at xxxxxxx@XxxXxx.xxx where one of Oro Pay’s representatives will remit it to the Department handling matters such as yours, and where a responsible person will return with a response within 24 hours or the sooner possible from receipt of your email. 2.10. Your Transaction History and Balance details can be accessed in the Internet Bank. Oro Pay will refrain from sending you periodic statements by either physical or electronic mail. With this you acknowledge and agree to review your transactions through your Account and the relevant transaction history section. If for any reason (such as restricted access) it is impossible to access your transaction history through your account, you may contact one of our representatives to assist you on the matter either by email at xxxxxxx@xxxxxx.xxx or by phone at +(000) 00000000. 2.11. You may not transfer or assign any rights or obligations you have under this Agreement without the Company’s prior written consent. Transferring your account to a third party is strictly prohibited. On the contrary Oro Pay has and reserves the right to transfer or assign any right or obligation under this Agreement (or the entirety of this Agreement) at any time without requiring your consent. Of course, this right does not prevent you from closing your account with Oro Pay and terminating this agreement as stipulated in the termination section below. 2.12. This Agreement may be amended at any time by Oro Pay alone and may include changes in the terms and conditions as required by regulatory changes or as needed due to changes in the Service (additions or deletions), as well as changes to the charges and fees stated in the Schedule of Fees as posted online on Oro Pay’ website(s). Any amendment will be communicated to the Client via the Oro Pay website(s) or by email no later than 5 Business Days after any such change has been posted online as pending (changes will be posted online highlighted with yellow and with a reference to the date of proposed amendment with their status “as pending” for one month thereof before enter into effect for the Client to get notified – if not already notified via email- of such and have the opportunity to terminate the Agreement if opposes to any pending amendments). The time given for changes to enter into effect is one month following the posting of any such change online to Oro Pay website marked as “pending” or one month after the Client has been sent an email notifying them of such change (the “change notice”), except in cases where the amendments are required by the Law and have to take effect immediately. Notwithstanding any clause onto this Agreement or other Oro Pay Legal Agreements to the contrary, immediate will be any amendments necessary due to the enrichment of the Service and its delivery, or in cases where your rights and obligations are not adversely affected, always to the extent this is permitted by the law. We will not provide the Client with any notice of such immediate changes. During the one-month period following any notice, the Client will have the right –as it always reserves such right even without a reason / cause- to terminate the Agreement and close the account at any time. Should the Client refrain from taking any such action during the one month period and the period lapses, Oro Pay will consider it as an acceptance of the amendments and the Agreement will remain in effect. The fact that you may close your account free of charge and at any time does not preclude you from potential liabilities that may have incurred prior to the closing of the account and for which you may be responsible for. Refer to the relevant section on account closing for additional information.

Appears in 1 contract

Samples: General Client Agreement

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