Omits provides a cross-border payments and currency exchange platform designed to make sending, receiving, and exchanging money simple, secure, and transparent.
Please read these Terms and Conditions of Use (“Terms”) carefully as they form a binding legal agreement between You (“User”, “Your”) and Omits Inc., incorporated in Canada with its registered address at I King St W, Suite 4800-306, Toronto, ON, M5H 1A1 (“Omits”, “our”, “us” or “We”). It is important that you read through these Terms carefully before using the website/Application (collectively the “Site”). This site and any other and the information on it are controlled by OMITS. These Terms govern the use of the Site and apply to all visitors to the site and Users of our currency management software ("Wallet”) that is downloadable from the site (the “Software”), as well as other services and resources available or enabled via the site, (each a “Service” and collectively, the “Services”, which Term includes the Software and the Site unless explicitly set forth below). By using this website (myomits.com), any of our websites and/or OMITS Services, you expressly accept all terms and conditions contained herein in full and without limitation or qualification, including our Privacy Policy.
This document sets out the terms and conditions for Your use of OMITS remittance feature and related Services using Our Software. By clicking on the “I Accept” button, completing the registration process, downloading the software and/or browsing the Site, You represent that:
- You have read, understand, and agree to be bound by the Terms,
- You are of legal age to form a binding contract with OMITS, and
- You have the authority to enter into the Terms personally or on behalf of the legal entity for whom you are using the Services.
The term “You” refers to you individually or the legal entity on whose behalf the services are used, as applicable.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT USE OUR SERVICE.
1. Scope
The Terms define the conditions under which the User will access and utilize the Services. Any use of the Site by the User entails the latter’s full and unreserved acceptance of these Terms. The User accepts these Terms, acknowledges having reviewed them in their entirety, and therefore waives any ability to invoke contradictory documentation.
OMITS may modify the Terms at any time. The relationship between the Parties will always be governed by the most recent version of the Terms on the date of the User’s access and use of the Site. In the event that these Terms are modified, the User will be asked to agree to the new terms and conditions, which will be applicable as from the date of that acceptance. We invite you to check this page regularly for updates to the Terms.
Use of the Services
The Software, the Site, the Services, and the information and content available therein (“OMITS Content”) are protected by copyright laws. Subject to the Terms, OMITS grants you a limited license to reproduce portions of OMITS Content solely as required to use the Services for your personal or internal business purposes. Unless otherwise specified by OMITS in a separate license, your right to use any OMITS Content is subject to these Terms.
OMITS is not a bank and does not provide investment or financial advice or consulting services to users of the Services. We are solely the provider of the Services.
You undertake not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking. You are responsible for all damages caused, and all liability actions brought against OMITS for infringement of any third-party rights or violation of any applicable laws.
You can use our Services only if you can lawfully enter into this agreement with OMITS under applicable law. If you use our Services, you agree to do so in compliance with Terms and with applicable laws and regulations of Canada, the EU, Nigeria and your jurisdiction. You are solely responsible for understanding and complying with all laws, rules and regulations of Your specific jurisdiction that may be applicable to You in connection with the use of all Services provided by OMITS.
To use the Services, you must: be at least 18 years old; establish the Wallet in accordance with the instructions given in these Terms, on our Site and/or our Android and iOS mobile apps; not be in violation of any of the provisions of these Terms or applicable laws and regulations, not be a resident of any country where we are not licensed to provide service.
There are no special technical requirements to use the Service. Nevertheless, you must have a computer or a mobile device with Internet or data services.
To use the Services, you must apply for Services and provide all requested information. You must not provide any false, inaccurate, incomplete, or misleading information. You must notify OMITS immediately upon any change of the information provided for the Wallet registration by sending an email to OMITS.
Depending on where you use the Software, this may include a processing of your personal information outside of the European Economic Area, and by using the Services you agree that your personal information may be transferred and processed outside your jurisdiction.
1.1 Account Creation
Before using the Services, you must: (a) accept and agree to these Terms and our Privacy Policy (b) register with us on the Site and create an account (“Account”); (c) be duly registered under the relevant and applicable laws in your jurisdiction. When you register for an Account, you will be required to provide information that will allow us to verify your business and the identity and/or the information of its promoters (“User Information”), including but not limited to:
- Registration documents
- a valid physical address, phone number
- bank account information (where applicable)
- a copy of the photo identification of the promoters or directors
- tax identification information and any other KYC information as may be applicable.
You may also be required to provide additional information or documentation to allow us to verify your business and/or your Account information. We reserve the right to verify the information you provide against third-party databases or other sources and you authorize us to make such inquiries.
The Services will provide metadata and other context for the reporting of payments initiated via the Services API or web platform, available via API, web, or CSV download. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use such reporting for your internal business analysis purposes only, and for no other purpose.
Upon your registration on the Site, you will obtain your login details as provided by you to enable you to access the services. The Site is accessible by you by entering the Username and Password (“Login Details”).
Upon successful registration and provision of required documents, OMITS shall review your application and notify you whether your application is successful or rejected. Your application may be rejected in the event where you are unable to submit the required KYC verification details or for any other reason which may or may not be communicated to you.
Where your application is successful, we will create an OMITS Account for you on our Site. Upon creation of your Account, you will be required to fund the Account from time to time for the purpose of your transaction on the Site.
1.2. OMITS Software
Use of the Software is governed by these Terms. OMITS delivers the Software via application download. Subject to your compliance with the Terms, OMITS grants you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on devices you own or control solely for your personal or internal business purposes.
Because the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is installed against malware.
Neither OMITS or any of its affiliates or partners shall be responsible for any loss or damages, including loss of funds or lockout from accounts accessed via the Software resulting from your failure to keep your device on which the Software is installed safe and free of any malware. OMITS is not under any obligation to recover passwords or unlock Account information stored on the Software in any circumstances, including if the Software is compromised by malware on your device, and it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the Software and the information stored on it.
1.3. Software Update
The Software and Services are evolving, and you may be required to accept or install updates to the Software or Services or update third-party software (i.e., browsers or OS) to keep using the Software or Services or access their latest features, including security updates. We may update the Software and Services at any time without notice.
1.4. Certain Restrictions
By accessing the Services, you agree not to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or OMITS Content, or any portion thereof, including on a service bureau or equivalent basis; (b) frame or enclose any trademark, logo, or other OMITS Content, (including images, text, page layout or form); (c) use any metatags or other “hidden text” using OMITS’ name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services or Software (except to the extent this restriction is expressly prohibited by applicable law); (e) use any manual or automated software, devices or other processes (including spiders or other data mining tools) to “scrape” or download data from any web pages in the Site (except that we grant operators of public search engines revocable permission to do so for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such content; (f) access the Site, Services, or Software in order to build a similar or competitive Site, Services, or Software; (g) copy, reproduce, distribute, republish, download, display, post or transmit any OMITS Content except as expressly permitted herein; and (h) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or OMITS Content. OMITS, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by OMITS herein.
1.5. Third-Party Services
We may incorporate or may provide access to applications or materials hosted by another party for the purpose of providing the Services (collectively, “Third Party Services”). You agree that it is impossible for OMITS to monitor Third Party Services and that you access them at your own risk. Do not share any credentials, password, private keys, or other sensitive information with any third party without validating their legitimacy. To the extent Third Party Services incorporated into or linked to the Services (i.e., communications functionality) have terms that differ from these Terms, you may be required to agree to those terms in order to access the Third-Party Service.
We do not control the terms, policies, or performance of any third party, and are not responsible for any performance, or failure to perform, of any Third-Party Services, including with respect to KYC processing, bills verification, processing of transactions, and similar activities.
1.6. User Content
You are responsible for all data and information provided or uploaded by You to the Site (“User Content”), whether publicly posted (i.e., in a user forum, if applicable) or privately transmitted (i.e., to us in connection with a support request). You are solely responsible for the accuracy and completeness of User Content you submit and represent and warrant that you have all rights required to post such User Content. We may, in our sole discretion, delete any User Content that we determine violates these Terms. To the extent that you provide us with, or we may have access to any information that allows us to identify you or any other individual (“Personal Information”) in connection with your use of the Services, we will preserve, safeguard, and use such information as outlined in our Privacy Policy.
1.7. Your Rights and Responsibilities
You have the right to use the Services, if you agree to and actually comply with these Terms. Safeguarding access to your account is your sole responsibility and you agree to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details with anyone, OMITS will not be liable to you for any loss or damage experienced. You will also take all reasonable steps to protect the security and access of the personal electronic device through which you access OMITS’ services.
You undertake to monitor all and any changes on Your Wallet and immediately inform OMITS about any unusual, suspicious, unclear or abnormal changes on your Wallet or/and any unauthorized use of your Account or password, or any other breach of security. Otherwise, you will be responsible for any loss or damage You, OMITS or/and third parties may incur as a result.
2. Ownership
2.1. Generally
OMITS and its suppliers own all right, title and interest in and to the Site, Services, Software, and OMITS Content. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, the Services, or OMITS Content.
2.2. Trademarks
OMITS and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of OMITS and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Site or Services are the property of their respective owners.
2.3. User Content
You own your User Content. By posting, displaying, sharing or distributing User Content on or through the Services, you grant us, and any Third-Party Services used in connection with the Services, a non-exclusive license to use the User Content solely to operate the Services. Except as prohibited by applicable law, we may disclose any information in our possession (including User Content) in connection with your use of the Services, to
- comply with legal process;
- enforce these Terms,
- respond to your requests for customer service, or
- protect the rights, property or personal safety of OMITS, our employees, directors or officers, partners and agents, or members of the public.
2.4. Feedback
You may provide ideas, suggestions, documents, and/or proposals about the Services to OMITS through any means (“Feedback”), and you grant OMITS a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right and license to use Feedback for any legitimate purpose.
3. User Conduct
You may not use the Services for any purpose that is prohibited by the Terms or applicable law. You will not (and will not permit any third party to) take any action or make available any content on or through the Services that: (a) infringes any intellectual property rights of any person or entity; (b) is unlawful, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive; (c) is unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of OMITS; (f) interferes with the proper functioning of the Services; (g) engages in any potentially harmful acts directed against the Services, including violating any security features of the Services, introducing viruses, worms, or similar harmful code into the Services; or (h) attempts to do any of the foregoing.
4. Withdrawal Limits
OMITS reserves the right to set withdrawal and transaction limits from time to time. These limits may be effected with or without prior communication to the user. You agree and consent to abide by these withdrawal limits.
5. Locked Account
The User understands and agrees that OMITS may from time to time lock the user’s account from performing transactions whenever OMITS suspects any unauthorized activities on the Account. OMITS shall bear no liabilities as a result of the user’s inability to perform transactions while their account has been locked.
6. Investigations
Although OMITS does not generally monitor user activity on the Site or Services, if OMITS becomes aware of any possible violations by you of any provision of the Terms, OMITS may investigate such violations, at its sole discretion, take any of the actions set forth in these terms.
7. Third-Party Properties
The Services may contain links to third-party websites and applications (collectively, “Third-Party Properties”). When you click on a link to a Third-Party Property, we may not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or application.
OMITS provides these Third-Party Properties only as a convenience and does not make any representations with respect to Third-Party Properties, or their products or services.
You use Third-Party Properties at your own risk. You should review applicable terms and policies, including privacy and data-gathering practices, of any Third-Party Properties, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
8. Indemnification
You agree to indemnify and hold OMITS, its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, partners and licensors (collectively, the “OMITS Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:
- your use of, or inability to use, the Services;
- your violation of the Terms;
- your violation of any rights of another party, including any other users of the Services; or
- your violation of any applicable laws, rules or regulations.
OMITS may, at its own cost, assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OMITS in asserting any available defences.
9. Disclaimer of Warranties
9.1. As Is
THE SITE, SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND OMITS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ALL RISK OF USE OF THE SITE, SERVICES, AND SOFTWARE RESTS ENTIRELY WITH YOU.
9.2. Beta Releases
FROM TIME TO TIME, OMITS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES, WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OMITS’S SOLE DISCRETION.
9.3. Third Party Conduct
OMITS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OMITS LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON OR ACCESSED VIA THE SERVICES, INCLUDING OPERATORS OF THIRD-PARTY SERVICES AND THIRD-PARTY PROPERTIES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
10. Limitation of Liability
10.1. Disclaimer
UNDER NO CIRCUMSTANCE SHALL OMITS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL , BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH) ARISING OUT OF OUR WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF OUR WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.
10.2. Cap on Liability
UNDER NO CIRCUMSTANCES WILL OMITS BE LIABLE TO YOU FOR DAMAGES ARISING OUT OF THE SERVICES EXCEEDING $20.
10.3. Exceptions
The limitations in Sections 10.1 and 10.2 will not apply to damages precluded by applicable law (in which case OMITS’s liability will be increased to the minimum amount required to comply with such law).
10.4. Risks
PRIOR TO USING OMITS SERVICES, YOU SHOULD CAREFULLY CONSIDER THE RISKS. IF YOU ARE IN ANY DOUBT AS TO THE ACTIONS YOU SHOULD TAKE, PLEASE CONSULT YOUR LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S). IF ANY OF THE RISKS ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT USE OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL ACCESS AND USE THE SERVICES AT YOUR OWN RISK.
11. Terms and Termination
11.1. Term
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect for so long as you access or use the Site, Services, or Software unless terminated earlier in accordance with this agreement.
11.2. Termination by OMITS
OMITS may cease to provide any or all of the Services at any time and for any reason, and may equally terminate the Terms. Without limiting the previous, we may also terminate your access to any or all of the Services if you materially breach any provision of the Terms, where a suspicious or fraudulent transaction occurs or if OMITS is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful).
11.3. Termination by You
Except as outlined in Subsection 4, these Terms will be of no further force and effect concerning you if you cease all use of the Services and Software and deactivate your Account with OMITS.
11.4. Effect of Termination
Upon termination of any Service, your right to use such Service will automatically terminate immediately. OMITS will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive termination of Services will do so, including Sections 2, 6,7, 8, 9, 10 and 11.
12. Limitation of Liability
12.1. Applicability of Arbitration
You agree that any dispute or claim relating in any way to your access or use of the Site, Services, or Software, or to any aspect of your relationship with OMITS, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or OMITS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH OMITS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST OMITS ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, YOU MAY BRING YOUR CLAIMS AGAINST OMITS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS, INCLUDING THIS ARBITRATION AGREEMENT. THE SEAT OF ARBITRATION SHALL BE ONTARIO, CANADA AND IN ACCORDANCE WITH ITS RULES.
12.2. Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with OMITS.
12.3. Modification
Notwithstanding any provision in this Agreement to the contrary, we agree that if OMITS makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to OMITS.
13. General Provisions
13.1. Electronic Communications
Communications between you and OMITS use electronic means, whether made via the Site or Services or sent via e-mail, or whether OMITS posts notices on the Site or Services. For contractual purposes, you (1) consent to receive communications from OMITS in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OMITS provides to you electronically satisfy any legal requirements that such communications would satisfy if it were to be in writing.
13.2. Force Majeure
OMITS will not be liable for any delay or failure to perform, resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
13.3. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Site, Services or Software) please contact us at: support@omitsfx.com. If you think you are a victim of fraud or a security breach (for example, if the Services were used from your account without your permission or the email address on your Account has been compromised) please contact us at compliance@omitsfx.com. Once we are notified, we will suspend the use of your account until security issues are resolved. If you think someone is using our Services inappropriately, or if you receive any fake/phishing emails that say they are from OMITS, please forward them to us at compliance@omitsfx.com . Please be aware that we will never ask for your Account password or payment information. We will contact you using appropriate means if we suspect fraud or security threat to your Account.
13.4. Governing Law
THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF CANADA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
13.5. Notice
Where OMITS requires that you provide an e-mail address, you are responsible for providing OMITS with your most current e-mail address. In the event that the last e-mail address you provided to OMITS is not valid, or for any reason cannot deliver to you any notices required/ permitted by the Terms, OMITS’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
13.6. Waiver
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision, on any other occasion.
13.7. Severability
If any portion of these Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
13.8. Entire Agreement
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
OMITS reserves the right to make changes to the content of this website, policies, and this Terms of Use at any time. If changes occur in the terms and conditions, they shall be deemed unenforceable; that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.