Terms & Conditions
April 15, 2018
1. Definitions and interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Section 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“User” means a corporate entity, merchant user of Our Site (also referred to as You/Yours);
“User Content” means any content submitted to Our Site by merchant Users; and “We/Us/Our” means MSB USA Inc.
2. Information about us
2.1 Our Site, https://gateway.ozan.com, is owned and operated by MSB USA Inc. doing business as Ozan , a Delaware corporation located at 5555 Glenridge Connector, suite 200, Atlanta, GA 30342.
3. Access to our site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.4 You must not use anyone else’s Account.
4.6 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information, but some of the information may be subject to statutory recordkeeping requirements. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
5. Intellectual property rights
5.1 With the exception of User Content (see section 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable U.S and international intellectual property laws and treaties.
5.2 Subject to sub-sections 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us
5.3 You may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print pages from Our Site;
5.3.4 Download extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
6. Links to our site
6.1 You may link to Our Site provided that:
6.1.1 You do so in a fair and legal manner;
6.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
6.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
6.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
6.2 You may not link to any page other than the homepage of Our Site, gateway.ozan.com. Deep-linking to other pages requires Our express written permission.
6.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
6.4 You may not use Our Site with respect to, or place a link to Our Site from any other site the main content of which contains material that:
6.4.1 is sexually explicit;
6.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
6.4.4 promotes or assists in any form of unlawful activity;
6.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;.
6.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.4.7 is calculated or is otherwise likely to deceive another person;
6.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
6.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Section);
6.4.10 implies any form of affiliation with Us where none exists;
6.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
6.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.5 Please note that the content criteria described under the previous sub-Sectionapply only to content over which the owner and/or operator of the site in question has direct control. You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a site on which you establish a link to Our Site post content (such as comments) that violates the above criteria.
7. Links to other sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
8.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to financial services.
8.2 We make no representation, warranty, or guarantee that Our Site will meet your requirements, nor that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning financial services products for sale through Our Site. Please refer to Our Terms and Conditions.
9. Our liability
9.1 The provisions of this Section 8 apply only to the use of Our Site and not to the sale of goods, which is governed separately by Our Terms and Conditions.
9.2 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
9.4 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.5 We take all reasonable steps to ensure that Our Site is free from viruses and other malware, however We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.7 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
10. Viruses, malware and security
10.1 We take all reasonable steps to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Section 10.5.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorized access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Sections 11.3 to 11.5 you may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
11. Acceptable usage policy
11.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Section 12. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
11.2.1 is sexually explicit;
11.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
11.2.3 promotes violence;
11.2.4 promotes or assists in any form of unlawful activity;
11.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
11.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
11.2.7 is calculated or is otherwise likely to deceive;
11.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
11.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Section 12.2);
11.2.10 implies any form of affiliation with Us where none exists;
11.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
11.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
11.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Section 12 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
11.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
11.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
11.3.3 issue you with a written warning;
11.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.3.5 take further legal action against you as appropriate;
11.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.3.7 any other actions which We deem reasonably appropriate (and lawful).
12. Privacy and cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from our website. These policies are incorporated into these Terms and Conditions by this reference.
12.1 Changes to these Terms and Conditions
12.2 We may alter these Terms and Conditions at any time and without prior notice. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
12.3 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
13. Contacting us
To contact Us, please email Us at email@example.com
14. Communications from us
14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions. 14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 15 days business days for your new preferences to take effect. 14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact us at firstname.lastname@example.org.
15. Data protection
15.2 We may use your personal information to:
15.2.1 Reply to any communications you send to Us;
15.2.2 Send you important notices, as detailed in Section 14;
16. Law and jurisdiction
16.1 These Terms and Conditions shall be governed by and construed in accordance with the federal laws of the United States of America and the state laws of the State of Georgia. Any claim arising out of or relating to these Terms and Conditions or the provision of the Services hereunder that cannot be resolved by contacting Our team shall be brought exclusively in the state or federal courts located in Atlanta, Georgia.
17. For Alaska Residents Only
If your issue is unresolved by MSB USA Inc, please submit formal complaints with the State of Alaska, Division of Banking & Securities.
Formal complaints must be in writing, please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf
Formal complaint forms may be submitted via:
- Fax: 907-465-1230
- Email: email@example.com
- Mail: Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807
If you have questions regarding formal complaints, please call 907-465-2521