Welcome To Olehpay

Last Updated March 17, 2020

This Customer Agreement is between you and OlehPay, LLC. (“OlehPAy”, “we”, “us”, or “our” as applicable), concerning your use of (including any access to) the Services, as defined below and including the Website, App, and other OlehPay Materials.

By opening, registering, or using a OlehPay Account, or by otherwise using the Services, you agree to be bound by this Customer Agreement and consent to receive communications related to the Services or your OlehPay Account in electronic format whether by email or by an e-signature document, and you affirm that you are at least eighteen (18) years of age and legally capable of entering into this Customer Agreement. You also agree to comply with our Privacy Policy, which sets forth the terms on which we handle any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you confirm that all data provided by you is accurate.

Please read carefully all of the terms of these policies and each of the other agreements that apply to you. Your use of certain of the Services may be subject to additional terms and conditions, as communicated by us to you through the Service or by other means, and such additional terms and conditions are incorporated into this Customer Agreement.

This Customer Agreement contains several sections, and you should read all of them carefully. The headings are for reference only. Some capitalized terms have specific definitions that are defined in the Glossary or within this Customer Agreement. Underlined words in this Customer Agreement contain hyperlinks to further information.

If we change the Customer Agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days’ prior notice by posting notice by email. Your use of the Services following any changes to this Customer Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Customer Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access via any third-party links); charge, modify or waive certain fees related to the Services; or offer the Services, or certain of the Services, to some or all users.

About OlehPay

OlehPay is a corporation incorporated in Delaware. In the United States, we are licensed as a money transmitter in the states listed through our partners that process transactions requested through our system. We only offer our Services in the states in which we or our providers are licensed or in the states that do not currently require us to be licensed to provide our Services. In other U.S. states, we only offer services in conjunction with our partner financial institution(s).

The Services enable you to, in supported currencies, Transfer currencies and transmit funds to recipients. We retain full discretion to refuse to accept any user or to complete any instruction to Transfer, receive, send, withdraw or convert money from your OlehPay Account at any time.

Glossary

In this Customer Agreement:

    App means the mobile application software, the data supplied with the software and the associated media.

    Business Day means a day other than, depending on location, Friday, Saturday, Sunday or a public holiday in the United States or Israel when financial institutions are open for business.

    Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website).

    Source Currency means the currency which you use to fund a currency conversion.

    Target Currency means the currency that you or your recipient will receive after you convert currency.

    Transfer means using your OlehPay Account to, as part of a single transaction, upload, convert and send currency.

    OlehPay Account means the OlehPay Account on the website or mobile app you have opened with us in accordance with the terms of this Customer Agreement for use of our Services.

    OlehPay Materials means any software, data, materials, content and printed and electronic documentation developed and provided by us or our affiliates to you, or available for download from our Website.

    Unauthorized Transaction means when money is sent from your OlehPay Account that you did not authorize and that did not benefit you.

    Website means any webpage, including but not limited to www.olehpay.co.il, where we provide Services to you.

Using Our Services

Opening an OlehPay Account

In order to use some or all of the Services, you must first open an OlehPay Account by providing certain information. For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information up-to-date in your OlehPay Account profile. To make changes to your profile, login and then go to your account page. We may refuse to provide or may discontinue providing the Services to any person or entity at any time for any reason.

We treat all activities under an OlehPay Account to be those of the registered user. You must only use the Services to transact on your own account and not on behalf of any other person or entity. You may only open one OlehPay Account unless we explicitly approve the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, OlehPay may close or merge these duplicate accounts without notification to you.

Account Security

You, not OlehPay, are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that you use to access your OlehPay Account and the Services. You must never disclose your OlehPay Account password. Keep them safe. Change your password regularly. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password, and contact Customer Support if you are not sure about this, or any other security-related aspect of your OlehPay Account. Review third-party recommendations on the creation and use of passwords, for example: Google's suggestion for creating a strong password.. You must never let anyone access your OlehPay Account or watch you accessing your OlehPay Account.

If you suspect your OlehPay Account, login details, password or any other security features are stolen, lost, used without authorization or otherwise compromised, you are advised to change your password. Contact Customer Support immediately if you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. The compromise of your credentials could enable thieves to access your bank account and attempt transactions not authorized by you. Emailing us is the best way to minimize your risk of loss. In addition, contact us at once if your transaction history for your OlehPay Account shows transactions that you did not initiate. We rely on you to regularly check the transactions history of your OlehPay Account and to contact Customer Support immediately in case you have any questions or concerns.

We may (but are not obligated to) suspend your OlehPay Account or otherwise restrict its functionality if we have concerns about the security of the OlehPay Account or any of its security features; or potential unauthorized or fraudulent use of your OlehPay Account or any of its security features.

You must make sure that your e-mail account(s) are secure and only accessible by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your OlehPay Account. Let Customer Support know immediately if your email address becomes compromised. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. Additional OlehPay products or Services you use may have additional security requirements, as notified to you by us, and you must familiarize yourself with those requirements.

Verification

If you open a OlehPay Account and use certain Services, federal law requires that we verify some of your information. You authorize OlehPay to make any inquiries we consider necessary to validate your identity. These may be made directly or through third parties, including checking commercial databases or credit reports. We may need to ask you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you. This could include requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s license or other identifying documents at any time. OlehPay reserves the right to close, suspend, or limit access to your OlehPay Account and/or the Services in the event we are unable to obtain or verify this information.

Our Services

Direct Debit (ACH Pull)

We primarily draw funds from users’ accounts using an automated clearinghouse (ACH) pull direct debit. You will need to provide your bank login details or bank account details, including your bank account number and routing number. When you choose to initiate a transfer using our ACH pull direct debit feature and provide your details, you confirm that your details are correct, that you are authorized to access and transmit funds from your bank account, that your bank account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from your bank account.

When you choose to upload money using our ACH pull direct debit feature and by providing your bank account details and requesting a transaction, you authorize us to initiate electronic credits and debits to your bank account through the ACH network, including any applicable fees and charges, and this authorization shall remain in effect so long as you are a registered user with the Service unless canceled in accordance with this Customer Agreement.

Sending Money by Wire or ACH Push

If you choose to send money using the ACH push or domestic wire transfer method, then your transaction order will remain inactive until we receive your funds to our specified account. Such payments must be made to our specified account via ACH Push or domestic wire transfer. In cases where for any reason the upload transaction is cancelled or refused, then we will promptly return the deposit to your bank account from which the transaction originated. In the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information provided to us by you through your OlehPay registration.

Other Information About Uploading Money

For legal, security, or other reasons, there may be financial limits for particular payment methods or currencies.

Transferring Money

The number of payout methods available to you will depend on a number of factors including where you live and your verification status with us. We cannot guarantee the use of any particular payout method and may change or stop offering a payout method at any time without notice to you, but we will ensure that you will have at least one payout method available to you unless prohibited by applicable law.

When you Transfer money, you will be charged a fee, which is referenced on the OlehPay homepage. We will let you know the exact amount of the fee when you submit your request.

When setting Transfer orders or withdrawal requests, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful.

Once we have received your Transfer order, we will send you a confirmation by email that we have received it. Each Transfer order is given a unique transfer number which is shown in the transaction history in your OlehPay Account on the Website. You should quote this transfer number when communicating with us about a particular Transfer.

Limits on withdrawal and Transfer

We may also place limits on the amount of currency you may Transfer at any given time, for more information on the applicable limits, please visit our Frequently Asked Questions page. We may limit the amount of your Transfer order consistent with our obligations under applicable law and at our discretion. If your Transfer order is received by us after 2:00 PM EST on a Business Day or not on a Business Day, your Transfer order will be deemed received on the following Business Day.

Delay in withdrawal or Transfer

We do not have any control over the time it may take for your or a recipient’s bank or payment provider to credit and make available funds to you or your recipient once we make the funds available to you or the recipient’s bank or payment provider.

We may delay a withdrawal or Transfer, in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your OlehPay Account have been reversed (for example, as a result of a chargeback or bank reversal (See Reversals and Chargebacks for more details)). You may also find further information regarding the completion time on the Transfer Times page.

Currency Conversion

Our Services include the ability to convert currencies.

A conversion fee may apply when we perform a currency conversion. You can also find out more information about the fees we charge on the Info page.

We will only process your currency conversion order if we hold or have received the relevant funds. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.

We reserve the right in our sole discretion to refuse any currency conversion order. Reasons for refusal may include but are not limited to an inability to match your OlehPay Account information with your bank account details, incorrect information about the recipient, or insufficient available funds. We generally will attempt to notify you of any refusal, using the contact information provided as part of your registration, stating (where possible) the reasons for such refusal and explaining how to correct any errors. However, we are not required to notify you if such notification would be unlawful.

Once we have received your currency conversion order, we will send you a confirmation by email that we have received it. Each currency conversion order is given a unique transaction number which is shown in the transaction history on your OlehPay Account. You should quote this transaction number when communicating with us about a particular currency conversion order.

Exchange rates used to convert currency

When you place a currency conversion order, we use the next available rate published by the bank of Israel, or similarly performing rates provided by our processing financial institutions. Exchange rates for a given transaction shall be posted as the transaction rate becomes determined. We use the upcoming rate as a mechanism to remain objective and transparent in our pricing of currency.

Cancellation of a Transfer order

Personal, family or household

You have the right to cancel a Transfer order for personal, family or household purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order. In order to cancel, you must contact us by email within two hours of your Transfer order.

When you contact us, you must provide us with information to help us identify the Transfer order that you wish to cancel, including (i) your name, address and telephone number; (ii) the name of the person receiving the funds; (iii) the dollar amount of the order; and (iv) the intended destination location.

We will issue a refund within three (3) Business Days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel an order under any circumstances if the funds have been disbursed or deposited to the recipient.

Business or commercial Transfers

You have the right to cancel a Transfer order for business or commercial purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order. In order to cancel, you must contact us by email, up until your order has been completed in accordance with your instructions.

When you contact us, you must provide us with information to help us identify the currency conversion order that you wish to cancel, including (i) your name, address and telephone number; (ii) the name of the person receiving the funds; (iii) the dollar amount of the order; and (iv) the intended destination location.

We will issue a refund within three (3) Business Days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel an order under any circumstances if the funds have been disbursed or deposited to the recipient.

Fees

The fees for transferring money, withdrawing money and/or currency conversion will be disclosed to you when you place an order and prior to your confirming the transaction. For clarity, the fees applicable to you are part of this Customer Agreement and are subject to change.

You agree to pay the relevant fees using your chosen payment method. The fee will be charged at the time when you withdraw money or convert currency. Our fee does not include any fees that your bank or the recipient’s bank may charge. Those fees may be deducted from the final credit amount. We will not process your payment order until we have received the applicable fee from you.

You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

You may access information about all of your Transfers, including related fees and exchange rates, after you have logged into your OlehPay Account. We have allocated a transaction id number to each transaction, you should quote this transaction id number when communicating with us about a particular transaction.

Closing Your OlehPay Account

You can close your OlehPay Account

You may end this Customer Agreement and close your OlehPay Account at any time by contacting our Customer Support by email at support@olehpay.co.il. You may terminate your OlehPay Account with us at any time by contacting Customer Support.

If an account closure was requested and you still have a transfer in process, you must not close your OlehPay Account to avoid an investigation. If you attempt to close your OlehPay Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your OlehPay Account even after it is closed.

OlehPay can close your OlehPay Account

OlehPay, in its sole discretion, reserves the right to suspend or terminate this Customer Agreement, access to or use of its Service websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services for any reason and at any time upon notice to you.

Reasons we may close your OlehPay Account include, but are not limited to:

    your breach of any provision of this Customer Agreement or documents referred to in this Customer Agreement;

    we are requested or directed to do so by any competent court of law, government authority or agency, or law enforcement agency;

    we have reason to believe you are in violation or breach of any applicable law or regulation; or

    we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

We may also suspend your OlehPay Account if it has been compromised or for other security reasons; or has been used or is being used without your authorization or fraudulently. See Account Security above for details.

If we close your OlehPay Account or terminate your use of the Services for any reason, we’ll provide you with notice of our actions. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by OlehPay, any other OlehPay customer, or a third party, caused by or arising out of your breach of this Customer Agreement, and/or your use or the use of your authorized third parties of the Services. You agree to reimburse OlehPay, any OlehPay customer, or a third party for any and all such liability. See Reversals and Chargebacks, and Negative Account Balances.

On termination for any reason, all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.

Communications Between You and Us

OlehPay may communicate with you about your OlehPay Account and the Services electronically via email. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, three (3) Business Day after we send it or within five days of posting for international post.

We usually contact you via email. For this reason, you must at all times maintain at least one valid email address in your OlehPay Account profile. You are required to check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this.

In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may, and you agree that we may, also communicate with you via SMS. Any communications or notices sent by Text messages (SMS) will be deemed received the same day.

If you need a copy of the current Customer Agreement or any other relevant document, please contact Customer Support. You may contact us via email, letter or telephone by using the details specified in the “Contact” section of our Website.

Issues that May Occur

Reversals and Chargebacks

If you receive a payment that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is reversed, OlehPay will refund or reverse the transaction from your OlehPay Account in the same currency as the original transaction. If your OlehPay Account balance for a particular currency is insufficient to cover the amount of a refund or reversal, OlehPay will perform a currency conversion in order to refund or reverse the transaction, subject to the exchange rate being offered by OlehPay in the applicable currencies at that time.

Payments that are reversed

Payments to you may be invalidated and reversed by OlehPay if:

    Our investigation of a bank reversal (sometimes known as an ACH return) finds that the transaction was fraudulent.

    OlehPay sent the payment to you in error.

    The payment was unauthorized.

    You received the payment for activities that violated this Customer Agreement, the Acceptable Use Policy, or any other agreement between you and OlehPay.

When you receive a payment, you are liable to OlehPay for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason.

Chargeback Fees

If you receive a an ACH debit following a request for a transfer and you (or a third party) pursue a chargeback for the transaction with your financial institution, then OlehPay may assess you with a chargeback fee (for facilitating the chargeback process) and will remove the charged back funds from your account.

Negative Account Balances

If your OlehPay Account balance becomes negative for any reason, including on account of a Reversal or Chargeback, that negative balance represents an amount you owe to OlehPay and you promise to repay the negative balance immediately without any notice from us. OlehPay may deduct amounts owed from money you upload or money you receive into your OlehPay Account. We may send you reminders or take such other reasonable actions to recover the negative balance from you, for example, we may use a debt collection service or take further legal actions. In order to recover negative account balances from you, we may convert the amount you owe us into U.S dollars.

Error Resolution

You must make sure that the information you provide to us when you send or withdraw money, or convert currency, is accurate. Once a transaction is processed, it cannot be reversed (except where, and to the extent, required by applicable law) and, except as expressly set forth in this Customer Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions (or a third party acting on your behalf).

If you believe there to be an error in connection with a transaction or other problem, then you should notify OlehPay Support via email at support@olehpay.co.il as soon as possible, but no later than 180 days of the date we disclosed to you that a transaction has been completed.

When you do, please tell us as much of the following information as possible: (1) your name and address; (2) the error or problem with the transaction, and why you believe it is an error or problem; (3) the name of the recipient, and if you know it, telephone number or address; (4) the dollar amount of the transfer; and (5) the transfer number.

What is an Error and how Errors will be addressed by us

Errors in the Case of Transfers

With regard to Transfers sent for personal, family or household purposes, and the payment amount equals or exceeds $15 USD, the following are considered Errors:

    You paid an incorrect amount for your currency conversion order;

    OlehPay made a computational error, such as a miscalculation of the amount the recipient received;

    The amount stated in the currency conversion order receipt was not made available to the recipient, unless the problem was caused by extraordinary circumstances outside our control;

    Funds were available to the recipient later than the date of availability that was disclosed to you on the currency conversion order receipt or were not delivered, unless, extraordinary circumstances outside our control caused the delay, and we could not reasonably anticipate those circumstances, or delays resulted from fraud screenings, or were caused by requirements of the Office of Foreign Assets Controls or similar requirements, or the transfer was made with fraudulent intent; and

    The list of Transfers on our Website does not reflect a Transfer that you made; and

    You did not receive any confirmation of your Transfer, such as information required to determine if a Transfer occurred.

If you believe an Error of the type described above occurred, you must duly contact us in accordance with the information above, and we will investigate and determine whether an error occurred within 90 days (although we typically do this within ten (10) business days) after you contact us.

We will inform you of our determination within three (3) Business Days after completing our investigation. If we decide that there was no Error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation. If we determine that an error has occurred, we will offer you the option of obtaining a refund or making available to the designated recipient the funds necessary to resolve the error. Please note that we are only required to refund fees where we failed to make funds available to the recipient by the date of availability we specified, unless you provided incorrect or insufficient information to us, in which case we are not required to refund fees.

We will rectify any Errors that we discover. If the Error results in:

    You receiving less than the correct amount to which you were entitled, then we will credit your OlehPay Account for the difference between what you should have received and what you actually received.

    You receiving more than the correct amount to which you were entitled, then we will debit your OlehPay Account for the difference between what you actually received and what you should have received.

    Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

    through no fault of ours, you did not have enough available funds to complete the transaction;

    our system was not working properly and you knew about the breakdown when you started the transaction; or

    the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

What is not considered an Error

The following are not considered Errors:

    If you give someone access to your OlehPay Account (by giving them your login information) and they use your OlehPay Account without your knowledge or permission. You are responsible for transactions made in this situation;

    Invalidation and reversal of a payment or transaction as a result of the actions described under Reversals and Chargebacks;

    Routine inquiries about your OlehPay Account balance;

    Requests for duplicate documentation or other information for recordkeeping purposes;

    An inquiry about the status of a currency conversion order (except where the funds from the order were not made available to the recipient by the disclosed date of availability);

    A change requested by the recipient of funds sent from you;

    A change in the amount or type of currency received by a designated recipient from the amount or type of currency stated in the disclosure provided you, if we relied on information provided by you in making the disclosure;

    Delays that result from OlehPay applying holds or limitations. Our decision about holds or limitations may be based on confidential risk management procedures and the protection of OlehPay, our customers and/or service providers. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you;

    Delays based on a review of a potentially high-risk transaction;

    Your errors in making a transaction (for example, mistyping an amount of money that you are sending or choosing an incorrect Target Currency).

    Delays due to actions of third parties (e.g, your or a recipient's bank)

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your OlehPay Account, you should regularly log into your OlehPay Account and review the list of your Transfers on the Website. OlehPay will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

OlehPay will protect you from unauthorized activity in your OlehPay Account. When this protection applies, OlehPay will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction?

An Unauthorized Transaction occurs when money is sent from your OlehPay Account that you did not authorize and that did not benefit you.

What is not considered an Unauthorized Transaction

The following are not considered Unauthorized Transactions:

    If you give someone access to your OlehPay Account (by giving them your login information) and they use your OlehPay Account without your knowledge or permission. You are responsible for transactions made in this situation.

    Invalidation and reversal of a payment as a result of the actions described under Reversals and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your OlehPay login information has been lost or stolen, email us at support@olehpay.co.il.

Tell us right away if you believe your OlehPay login information has been lost or stolen, or if you believe that transactions have been made in your OlehPay Account without your permission using your login information. You could lose all the money in your OlehPay Account. If you tell us within 60 days after we provide you your OlehPay Account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.

Also, if your OlehPay Account statement shows transfers that you did not make, including those made with your OlehPay login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Complaints

If you have a question or complaint regarding the Services, please send an email us at support@olehpay.co.il. You may also contact us by writing to OlehPay, LLC. 1875 Century Park East, Suite 600, Los Angeles, CA 90067. ATTN: OlehPay Compliance. Please note that email communications will not necessarily be secure; accordingly you should not include sensitive information in your email correspondence with us.

Technology

Linking to Our Website

You may link to our Website, provided that you comply with the terms and conditions of this Customer Agreement, and follow certain rules. You may link to our Website, provided:

    you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

    you do not suggest any form of association, approval or endorsement on our part where none exists;

    you do not frame our Website on any other site;

    you do not refer to any of our Services as “banking” services; and

the website linking to our Website complies with our Acceptable Use Policy.

We reserve the right to revoke such linking permission without notice and for any reason.

Information Security

Please see Account Security above for further details on how to keep your OlehPay Account safe. See also Protection from Unauthorized Transactions.

You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to the Services, or our Website, our servers, computers or databases. You must not attack the Services, including via our Website with any type of denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030). We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity or other information to them. In the event of such a breach, your right to access and use our Website and/or our Services will cease immediately without notice, and you must immediately cease all such access and use.

Third Party Materials

Certain Website or App functionality may make available access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

OlehPay’s Rights

Limitation on OlehPay’s Liability, Indemnity and Release

In this section, we use the term “OlehPay” to include OlehPay, LLC., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

In no event shall OlehPay be liable for lost profits or for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of business, loss of security of any information or other materials (including unauthorized interception by third parties of any information or other materials), even if advised in advance of the possibility of such damages or losses, however arising, including negligence, unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.

In addition, to the extent permitted by applicable law, OlehPay is not liable, and you agree not to hold OlehPay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services; (2) delays or disruptions in our Website software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or any website or service linked to our websites, software or any of the Services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your OlehPay Account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Customer Agreement or any other OlehPay policy.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless OlehPay and its affiliates, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your or your authorized third parties use of, or activities in connection with, the Services; and (b) any violation or alleged violation by you of this Customer Agreement or applicable law.

Release

If you have a dispute with any other OlehPay Account holder or a third party that you send money to or receive money from using the Services, you release OlehPay from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Service Availability

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

Disclaimer of Warranty

The Services are provided “As-Is” “Where Is” and “Where Available” and without any representation or warranty, whether express, implied or statutory. OlehPay specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

Insolvency Proceedings

If any type of bankruptcy or insolvency proceeding (e.g., a proceeding commenced under any provision of the United States Bankruptcy Code) is commenced by or against you, we’ll be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Customer Agreement or objections that we supply information in connection with such proceeding.

Intellectual Property

“OlehPay.co.il” and “OlehPay” are all logos related to the Services that are either trademarks or or OlehPay’s licensors. You may not copy, imitate, modify or use them without OlehPay’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of OlehPay. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by OlehPay for the purpose of directing web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes OlehPay or the Services or display them in any manner that implies OlehPay’s sponsorship or endorsement. All right, title and interest in and to the OlehPay websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of OlehPay and its licensors.

Miscellaneous Translation of This Customer Agreement

Any translation of this Customer Agreement is provided solely for your convenience and is not intended to modify the terms of this Customer Agreement. Only the English language of the Customer Agreement version is an official version. In the event of a conflict between the English version of this Customer Agreement and a version in a language other than English, the English version shall control.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Governing law and Agreement to Arbitrate

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Customer Agreement, the laws of the State of California, without regard to principles of conflict of laws, will govern this Customer Agreement and any claim or dispute that has arisen or may arise between you and OlehPay, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and OlehPay, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that OlehPay and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.

OlehPay’s role as a service provider

Our relationship with you under this Customer Agreement with you is as a payment service provider, and OlehPay is an independent contractor for all purposes. OlehPay is not your agent or trustee.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to OlehPay a written notice by mail, e-mail or fax, requesting that OlehPay remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to OlehPay a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to OlehPay as follows: By mail to OlehPay Legal Counsel, 1875 Century Park East, Suite 600, Los Angeles CA 90067; by email to support@olehpay.co.il.

Unlawful internet gambling notice

Restricted transactions as defined in Federal Reserve Regulation are prohibited from being processed through your OlehPay Account or your relationship with OlehPay. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Other Information About this Customer Agreement

You may not transfer or assign any rights or obligations you have under this Customer Agreement without OlehPay’s prior written consent. OlehPay may transfer or assign this Customer Agreement or any right or obligation under this Customer Agreement at any time.

Each of the paragraphs of this Customer Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

Our failure to act with respect to a breach of any of your obligations under this Customer Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

This Customer Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

For more information or general inquiries contact us at info@olehpay.co.il