Terms of Use and Privacy Policy

OFS B.V. welcomes you, 
Thank you for using our, OFS B.V. ("OFS” or “OFS BV” or "we" or "us" or "our" or other similar pronouns) and our affiliates’ products and services (‘Services’). These Terms of Use and Privacy Policy (‘Terms’) govern your access to and use of the Services, including our websites, APIs, notifications, applications, buttons, and widgets, (the "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as ‘Content’). Your access to and use of the Services are conditioned on your acceptance of and compliance with all these Terms. By installing, accessing or using the Services you agree to be bound by these Terms.

Periodically the Terms may be updated or added to, e.g. when a new functionality is added for the users. These Terms become part of the agreement between us, when you use those Services.

You may use the Services only if you can form a binding contract with OFS and are not a person barred from receiving services under applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The misuse of the Services is prohibited. The Services may only be accessed and used for intended purposes and within the conditions as set out in these Terms. 

The Services that OFS provides are always evolving and the form and nature of the Services provided may change from time to time without prior notice to you. In addition, OFS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without any prior notice to you.

Any and all information that you provide or is collected by using the Services is to improve, protect and enhance the experience of the Services. This information can differ per Service used and includes, but is not limited to, User name, location, Device ID, Unique application number, analytics, cookies, wifi and purchases information when applicable, etc. OFS uses the standard Google Analytics tools to help us anonymously track and report user/visitor behavior information and users' standard log information to the Services. This information (including but not limited to: IP address, web analytics and information processing) helps us analyze and evaluate and improve the Services features and services. No personally identifying data is included in this type of reporting. Google Analytics may have access to your information only for the purposes of performing these tasks and on behalf of OFS and under obligation similar in those in these Terms and Privacy Policy. For more information about the terms that govern Google Analytics, please visit the Google Analytics terms of service.

All this information is subject to our Terms of Use and Privacy Policy, which governs collection and use of information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Terms) of this information, including the transfer of this information for storage, protection of the Services, processing and use by OFS, its’ subsidiaries or its’ partners. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and other messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.

In case you have given permission, your Payment and/or Cardholder Data may be stored if it is necessary to meet the needs of the business. The information is stored on the secure servers & technical systems of OFS; or alternatively may be stored by Payment Providers, whereby a protocol of anonymized tokens is used in encrypted communications. OFS never stores Sensitive Authentication Data.

When you give permission to store your Payment Data, you permit that, for future transactions and only when you initiate it, different amounts than the initial amount may be processed and charged. OFS will not charge different amounts unless you have expressly selected these when initiating a transaction.

When you wish to revoke the permission to store your Payment data, you can: (i) submit a request with the following information: your Account details, including but not limited to your full name, username, and email address with which you have registered an Account to use the Services; or (ii) submit a request to your Payment account or Card issuer.

OFS’ systems are secure and certified according to the Payment Card Industry Data Security Standard (PCI-DSS) which is enforced by Visa, MasterCard, American Express, Discover and JCB. 

Refunds of processed transactions can be requested within 90 days after the transaction date. Submit your request to us with the following information: (i) your Account details, including but not limited to your full name, username, and email address with which you have registered an Account to use the Services; (ii) detailed information on the specific Payment transaction, including but not limited to the date of the transaction, the used payment method, currency, and the total paid amount; (iii) explanation / reason of the refund request; (iv) in case a direct refund of the Payment transaction is not possible: your bank account information including but not limited to your full name, address, country, bank account number, bank code (SWIFT). 

A duly submitted refund request will be reviewed and if granted, the refund transaction processed within 48 business hours. 

Due to different financial settlement arrangements which are agreed upon between OFS and its’ payment providers and/or used payment methods, it may take up to six weeks before the refund transaction will appear on your bank and/or card statement.

You may arrive at our Services from another website. In addition, our Site may contain links that will let you leave our Site and access another website. Websites linked to or from our Site are not under the control of OFS and it is possible that these websites have a different privacy policy. Our Policy applies solely to Personal Information that is acquired on the Site or through your use of our Service, and/or your relationship with OFS. We urge you to be careful when you enter any Personal Information online. We accept no responsibility or liability for these other websites. 

OFS takes reasonable precaution to protect all Information from misuse, loss and unauthorized access. Although we cannot guarantee that this Information will not be subject to unauthorized access, we have physical, electronic, and procedural safeguards in place to protect this Information. All Information is stored on our servers and protected by secured networks to which access is limited to a few authorized employees and personnel. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We may need to disclose your Personal Information if we believe such action is necessary to: (a) comply with the law, or legal process served on us; (b) protect and defend our rights or property (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of our Service or members of the public.

From time to time, we may revise these Terms. We reserve the right to update or modify the Terms, or any other of our policies or practices, at any time with or without notice. However, we will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt-out of such differing uses. We will post the revised Terms on the Site, so that users can always be aware of what information we collect, how the information is used and under what circumstances such information may be disclosed. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Site and or Services indicates your assent to any changes and signifies your agreement to the Terms. If you do not agree with these terms, you should not use the Site, the OFS App(s), or any of the related Services.

OFS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by OFS as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by OFS, in the manner permitted by these Terms.

Please review the OFS Terms to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend or terminate users without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of OFS, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use nonpublic areas of the Services, OFS’ computer systems, or the technical delivery systems of OFS’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by OFS (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with OFS (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of OFS is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

The Terms will continue to apply until terminated by either you or OFS as follows.

You may end your legal agreement with OFS at any time for any reason by deleting the services from your device and discontinuing your use of the Services. You do not need to specifically inform OFS when you stop using the Services.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except all Liabilities that were entrusted upon you related to and while making use of the Services. Nothing in this section shall affect OFS’ rights to change, limit or stop the provision of the Services without prior notice, as provided above.

Please read this section carefully since it limits the liability of OFS and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “OFS Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE OFS  ENTITIES DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

The OFS Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer or telephone system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the OFS Entities or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party websites or resources. You acknowledge and agree that the OFS Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the OFS Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OFS  ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

The failure of OFS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

These Terms, and our Privacy Policy are the entire and exclusive agreement between OFS and you regarding the Services (excluding any services for which you have a separate agreement with OFS that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between OFS and you regarding the Services. Other than members of the group of companies of which OFS is part of, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at this website. If the revision, in our sole discretion, is material we will notify you via a OFS message. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by OFS B.V. If you have any questions about these Terms, please contact us.