Terms and Conditions

Agreement for Opotus Services

These legal agreements apply to users in:

malaysia_flag

Effective Date: 1 April 2019

Opotus is a product owned by

Standard System Ventures (1155742-H)
Level 32, Menara Alianz Sentral,
Jalan Tun Sambanthan,
50470 Kuala Lumpur

Overview

This Agreement is a contract between you (Merchant) and Standard Systems Ventures, a Malaysian company, and governs your use of all Opotus services. Using the Opotus services means that you must accept all of the terms and conditions contained in this Agreement and the including the Privacy Policy. You should read all of these terms carefully.

We may amend this Agreement at any time by posting a revised version on our website. The revised version was effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting a notice on the "Policy Updates" page of our website.

This is an important document which you must consider carefully when choosing whether to use the Opotus services. Please note the following risks of using the Opotus services:

  • Payments received for your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.

  • We may close, suspend, or limit your access to your Account or the Opotus services, and/or limit access to your funds if you violate this Agreement, Use Policy, or any other agreement you enter into with Opotus services.

  • You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Opotus services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

This Agreement is not a solicitation of the Opotus services and Opotus is not targeting any country or market through this Agreement.

Payment Service & Eligibility

Payment Service

Opotus is a payment services provider and acts as such by creating, hosting, maintaining and providing our Opotus services to you via the Internet. Our services allow you to sell your products and receive payments from the company. We offer services in compliance with local laws and regulations.

Opotus is not a remittance business or a money transfer service. We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Opotus service. We cannot ensure that a buyer or a seller you are dealing with will fulfill their obligation to deliver the product or services purchased.

Information

In order to open and maintain an Account, you must provide us with correct and updated Information.

  1. Your contact information

    It is your responsibility to keep your primary email address up to date so that Opotus can communicate with you electronically. You understand and agree that if Opotus sends you an electronic communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, Opotus will be deemed to have provided the communication to you effectively. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Opotus to your email address book so that you will be able to view the communications we send to you.

    You can update your primary email address at any time by logging into the Opotus website or dashboard. If your email address becomes invalid, such that electronic communications sent to you by Opotus are returned, Opotus may deem your account to be inactive, and you will not be able to transact any activity using your Opotus account until we receive a valid, working primary email address from you.

  2. Identity Verification

    You authorise Opotus, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a taxpayer or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.

  3. Credit Report Authorisation

    If you signup a Opotus Account, you are providing Opotus with your written instructions and authorisation in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorising Opotus to obtain your personal and/or business credit report

  4. Beneficial Owner

    You must be the beneficial owner of the Opotus Account, and conduct business only on behalf of yourself.

  5. Proof of Shipment, Proof of Delivery, and Signature Confirmation Requirements

    "Proof of Shipment" is online or physical documentation from a shipping company that includes all of the following:

    • The date the item is shipped.
    • The recipient's address, showing at least the city/state or postal code (or international equivalent).

"Proof of Shipment" is online or physical documentation from a shipping company that includes all of the following:

  • The date the item is shipped.
  • The recipient's address, showing at least the city/state or postal code (or international equivalent).

"Signature Confirmation" is online documentation that can be viewed at the shipping company's website.

“Proof of Delivery (for intangible or virtual items or services)” means any compelling evidence to show the purchase order was fulfilled and includes all of the following:

  • The date the item or service was provided;
  • The recipient’s address (email/IP, etc.) where applicable.

Restricted Activities

In connection with your use of our website, your Opotus Account, the Opotus services, or in the course of your interactions with Opotus, other Users, or third parties, you will not:

  1. Engage in potentially fraudulent or suspicious activity and/or transactions;
  2. Infringe Opotus's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  3. Breach this Agreement, the User Privacy Policy or any other Policy that you have agreed to with Opotus;
  4. Sell counterfeit goods;
  5. Violate any law, statute, ordinance, or regulation;
  6. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
  7. Provide false, inaccurate or misleading Information;
  8. Receive or attempt to receive funds from both Opotus and the buyer, bank or card issuer for the same transaction during the course of a Dispute;
  9. Have a credit rating from a credit reporting agency that indicates a high level of risk associated with your use of the Opotus services;
  10. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  11. Act in a manner that is defamatory, trade libelous, threatening or harassing to our employees, agents or other Users;
  12. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
  13. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
  14. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  15. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  16. Conduct your business or use the Opotus services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Opotus, other Users, third parties or you;
  17. Use your Opotus Account Services in a manner that Visa, MasterCard and FPX or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  18. Send unsolicited email to a User or use the Opotus services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  19. Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
  20. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Opotus services;

Action by Opotus

  1. Restricted Activities

    If Opotus, in its sole discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect Opotus, Affiliates other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

    • We may close, suspend, or limit your access to your Account or the Opotus services;
    • We may refuse to provide the Opotus services to you now and in the future; and
    • We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Opotus or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
  2. Financial Hold
    • Risk-Based Holds

      Opotus, in its sole discretion, may place a hold on any or all of the payments when Opotus believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. Opotus’s determination may be based on different factors and Opotus may rely on information it receives from the acquiring bank or third parties.

      If Opotus places a hold on a payment, the funds will appear as pending balance or withheld and the payment status will indicate the hold. If Opotus places a hold on any or all of the payments you receive, Opotus will provide you with notice of our actions.

      In the event Opotus believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or Opotus believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

      In such an event, Opotus may continue holding the payment until the matter is resolved pursuant to this Agreement. Opotus, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.

    • Disputed Transaction Holds

      If a User files a Dispute, Claim, Chargeback or Reversal on a payment you received, Opotus may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute, Opotus will lift the temporary hold. If you lose the dispute, Opotus will offset from the hold funds from your Account.

  3. Reserves

    Opotus, in its sole discretion, may require opotus Account to place certain amount as Reserve on funds held by opotus when Opotus believes there may be a high level of risk associated with selling your products or services. Opotus may change the terms of the Reserve at any time by providing you with notice of the new terms.

  4. Account Closure, Termination of Service, Limited Account Access; Confidential Criteria.

    Opotus, in its sole discretion, reserves the right to terminate this Agreement and/or access to the Opotus Services for any reason and at any time upon notice. All payment which is pending to you will be forfeited. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions.

    Further, you acknowledge that Opotus’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the Opotus system. You agree that Opotus is under no obligation to disclose the details of its risk management or its security procedures to you.

General Terms

Limitations of Liability - In no event shall we, our parent, subsidiaries and affiliates, our officers, directors, agents, joint ventures, employees or suppliers be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our website, the opotus services, or this agreement (however arising, including negligence) unless and to the extent prohibited by law our liability, and the liability of our parent, subsidiaries and affiliates, our officers, directors, agents, joint ventures, employees and suppliers, to you or any third parties in any circumstance is limited to the actual amount of direct damages.

Services Limitation - Opotus is not a bank and the Opotus services are payment processing services rather than banking services. Opotus is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. Opotus does not have control of, nor liability for, the products or services that are paid for with the Opotus services. We do not guarantee the identity of any User or ensure that a buyer or a Seller will complete a transaction.

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