Agreement between User and http://www.OctoCredit.com
Welcome to http://www.OctoCredit.com. The http://www.OctoCredit.com website (the “Site“) is comprised of various web pages operated by OctoCredit Payment Systems Inc. (“OctoCredit“). http://www.OctoCredit.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms“). Your use of http://www.OctoCredit.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://www.OctoCredit.com is a Financial Technology Site.
OctoCredit offers members international collateral management software (the “Services”). Purchasing OctoCredit’s services allows users to store funds as a security deposit for their family and friends in their home country. OctoCredit’s services can establish and/or impact a US user’s credit score. OctoCredit offers users its services for a period of years according to the terms of the Lending Agreement users enter into with OctoCredit’s lending partners.
Fees OctoCredit charges a $1 monthly fee for its services. We reserve the right to change our pricing at any time.
Electronic Communications Visiting http://www.OctoCredit.com or sending emails to OctoCredit constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that OctoCredit is not responsible for third party access to your account that results from theft or misappropriation of your account. OctoCredit and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen OctoCredit does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.OctoCredit.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services http://www.OctoCredit.com may contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of OctoCredit and OctoCredit is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OctoCredit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OctoCredit of the site or any association with its operators.
Certain services made available via http://www.OctoCredit.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.OctoCredit.com domain, you hereby acknowledge and consent that OctoCredit may share such information and data with any third party with whom OctoCredit has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.OctoCredit.com users and customers.
Stripe Payment processing services for Users of the Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to use the Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of OctoCredit enabling payment processing services through Stripe, you agree to provide OctoCredit accurate and complete information about you, and you authorize OctoCredit to share it and transaction information related to your use of the payment processing services provided by Stripe.
Billing We use a third-party payment processor (the “Payment Processor”) to bill you for the services you signed up for through the Site. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing by signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices in the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. You may change your Payment Method at anytime through your Account. We reserve the right to correct any errors or mistakes made the Payment Processor even if it has already requested or received payment from you. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts owed by you to OctoCredit upon demand.
Recurring Billing for Subscription INSTRUCTIONS FOR OPTING OUT OF EACH SUBSCRIPTION TYPE, IF ANY, MAY BE FOUND ON OUR FAQ PAGE AND ARE DESCRIBED DURING THE CHECKOUT PROCESS. BY CHOOSING TO SIGN UP FOR A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS A RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION OF YOUR SUBSCRIPTION. CANCELLATION OF YOUR SUBSCRIPTION WILL NOT AFFECT CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION DATE. The effective date of cancellation of your Subscription will be the first day of the month after you submit your cancellation request, regardless of the date of the current month in which you submit such request. The deadline to opt out of receiving your Subscription for any given month is typically on or around the fifth day of the month, and may in some cases be later than the date you submit your cancellation request, in which case you can opt out of the final month of your Subscription at the time you request cancellation. As an illustration, if you submit a cancellation request on January 1, your cancellation will be effective on February 1, and you will still receive a Subscription for January, unless you also request to opt out of your January Subscription at the time you cancel. However, if you submit a cancellation request on January 10, your cancellation will be effective on February 1 and you will still receive a Subscription for January, since the opt out date for January has passed. Each month, you will be charged unless you opt out of receiving the Subscription for the given month in accordance with the Terms of Service.
Current Information Required YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY LOGGING INTO YOUR ACCOUNT SETTINGS. IF YOU ARE A SUBSCRIBER AND FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION UNLESS AND UNTIL YOUR SUBSCRIPTION TERMINATES, PROVIDED THAT YOU WILL NOT BE CHARGED FOR ANY MONTH THAT YOU HAVE OPTED OUT IN ACCORDANCE WITH THESE TERMS OF SERVICE.
Change in Charges. OctoCredit reserves the right to change the Charges for our Subscriptions at any time, in our sole discretion, with at least thirty (30) days advance notice to you. Notice will be provided via email. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred by you or under your Account and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Subscription If you sign up for a Subscription, your Subscription will automatically renew each month for successive one month terms, until you cancel your Subscription.
Cancellation of Subscription YOU MAY CANCEL YOUR SUBSCRIPTION BY PROVIDING NOTICE TO OCTOCREDIT BY EMAILING US AT ADMIN@OCTOCREDIT.COM OR CALLING US AT 510-473-5102, STATING YOUR NAME AND THAT YOU ARE CANCELING YOUR SUBSCRIPTION, OR WORDS OF SIMILAR EFFECT. Your cancellation will be effective as of the first day of the month following the date you submitted your cancellation request. After your cancellation request, you will still be charged for any open security deposits you have not opted out of prior to the effective date of your cancellation. If you cancel your Subscription, OctoCredit will not automatically renew your Subscription thereafter.
Reaffirmation of Authorization If you are a subscriber, your non-cancellation of your Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Charge each month, unless you have opted out. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially signed up for the Subscription.
No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.OctoCredit.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to OctoCredit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OctoCredit or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OctoCredit content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OctoCredit and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OctoCredit or our licensors except as expressly authorized by these Terms.
International Users The Service is controlled, operated and administered by OctoCredit from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OctoCredit Content accessed through http://www.OctoCredit.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless OctoCredit, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OctoCredit reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OctoCredit in asserting any available defenses.
Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and OctoCredit agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OctoCredit Payment Systems Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OctoCredit Payment Systems Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OctoCredit Payment Systems Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OctoCredit Payment Systems Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OctoCredit Payment Systems Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction OctoCredit reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OctoCredit as a result of this agreement or use of the Site. OctoCredit’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OctoCredit’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OctoCredit with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OctoCredit with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OctoCredit with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms: OctoCredit reserves the right, in its sole discretion, to change the Terms under which http://www.OctoCredit.com is offered. The most current version of the Terms will supersede all previous versions. OctoCredit encourages you to periodically review the Terms to stay informed of our updates.
Contact Us: OctoCredit welcomes your questions or comments regarding the Terms:
Email Address: admin@OctoCredit.com
Telephone number: 510-473-5102
Effective as of: November 05, 2022
Email Address: admin@OctoCredit.com
Effective as of: November 05, 2022