Openbucks Service Terms of Use – Obucks Cards

Last updated: July 7 2021

IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION (INCLUDING PROVISIONS WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP, REPRESENTATIVE, OR SIMILAR CLAIM) UNLESS YOU OPT-OUT WITHIN A SPECIFIED TIME FRAME. SEE SECTION XIX BELOW FOR MORE DETAILS.

Welcome, and thank you for your interest in Openbucks Corp. (“Openbucks”, “we”, or “us”). We are pleased to offer you, the user (“you”), access to the Openbucks service described in Section I below (collectively, the “Openbucks Service”) on the following terms. Please read this agreement carefully, as it constitutes a binding legal agreement between you and Openbucks. By accessing, browsing, or otherwise using the Openbucks Service, you acknowledge that you have read, understood, and agreed to be bound by the terms in, and linked to, these terms of use and any future modifications (collectively, the “Terms of Use”). Your right to access and use the Openbucks Service is conditioned on your compliance with these Terms of Use.

We strongly recommend that, as you read these Terms of Use, you also access and read the linked information. By accepting these Terms of Use, you accept that these Terms of Use will apply whenever you use the Openbucks Service.

I. Description of Openbucks Service for Obucks Cards

1) The Obucks Card redemption service enables you to use Obucks cards (each, an “Obucks Card”) to purchase from Openbucks prepaid access issued by certain online merchants in the Openbucks network (“Openbucks Merchants”), and to redeem that prepaid access with the Openbucks Merchant for goods and services sold by the corresponding Openbucks Merchant. Obucks Card may be purchased from an authorized online Obucks distributor.

2) A current list of authorized online Obucks Card distributors is available here (each, a “Distributor”). For questions regarding your Obucks Card please contact the Distributor from whom you purchased your Obucks Card.

3) Obucks Cards are issued by Openbucks and are redeemable only with Openbucks. By entering your Obucks Card information and clicking “Pay” within the Obucks mini-digital store, you authorize Openbucks to redeem your Obucks Card to pay for prepaid access redeemable at the Openbucks Merchant you have selected.

4) You also authorize Openbucks to process the redemption of your Obucks Card and to debit the amount of your redemption from the balance of the Obucks Card, and you authorize the Openbucks Merchant to redeem the prepaid access you purchased to pay for the goods and services you have selected. You agree that, if your Obucks Card redemption requires a currency conversion, for every currency conversion, we will apply the average daily interbank market rate published by a third-party foreign currency data provider (Reuters). We will not charge a fee for currency conversions.

Please note: The Openbucks Service does not accept all prepaid cards. Here are a few examples of cards that are NOT accepted by the Openbucks Service:

  1. - Any form of digital cards (a.k.a. e-gift cards) except for Obucks Cards;
  2. - Cards purchased online, even from an authorized distributor (except for Obucks Cards)
  3. - Cards purchased from a secondary marketplace
  4. - Cards purchased or traded on a peer-to-peer platform
  5. - Cards traded with you in exchange for good or services or any other consideration
  6. - Cards given to you by friends or relatives living in a different country

No Expiration Dates. Obucks Cards and prepaid access products issued by Openbucks Merchants never expire.

No Fees Apply. The Obucks Cards and prepaid access products issued by Openbucks Merchants are not subject to fees.

Lost or Stolen Obucks Cards. Lost or stolen Obucks Cards will not be replaced. Openbucks shall not be liable to you for (i) lost or stolen Obucks Cards or (ii) use of any Obucks Cards by third parties through the Openbucks Service. You are solely responsible for keeping your Obucks Card information safe and for any activity conducted using your Obucks Card.

Available Balance. You can check your available balance in your Obucks Card by visiting https://www.openbucks.com/balance.html or by calling [number]. The balance you are provided is an estimate only. In most cases, the balance in your Obucks Card will be adjusted immediately following your purchase, but there may be occasions when the updated balance is delayed for a period of time.

II. Eligibility Information

Persons under the age of 16 and users previously suspended or removed from the Openbucks Service by Openbucks may not use the Openbucks Service. You do not need to register as a user in order to use the Openbucks Service. Obucks Cards that are purchased from a Distributor may only be used directly by you, or by a member of your household who has given you explicit authorization to use the Obucks Card.

III. Privacy

Any information that you submit to us or that we collect through the Openbucks Service is subject to our Privacy Policy, which is available here.

IV. Your Obligations

  1. - You agree to give us accurate and complete information when you use the Openbucks Services.
  2. - You agree not to use the Openbucks Services to violate the law or to engage in fraudulent conduct.
  3. - You agree that you will not make a purchase using the Openbucks Service with an invalid method of payment or with payment instruments that are not your property or without the proper authorization of the owner.
  4. - You agree to pay any shipping and handling charges associated with your Obucks Card and prepaid access products issued by Openbucks Merchants.
  5. - You are responsible for paying any taxes applicable to purchases.
  6. - You acknowledge and agree that either Openbucks, Openbucks Merchants, or payment transaction processors may not accept a transaction you initiate through the Openbucks Service. If that happens, none of Openbucks, the Openbucks Merchant or payment transaction processor shall have any liability to you.
  7. - You understand that Openbucks does not have control of or liability for any goods or services purchased from an Openbucks Merchant or the delivery of such goods or services and shall not have any liability to you for any actions taken or charges applied by an Openbucks Merchant with respect to such goods or services or for any failure of delivery of such goods or services. You acknowledge and agree that certain features of the Openbucks Service may sometimes include advertisements and that such advertisements are a necessary part of the Openbucks Service.
  8. - You represent and warrant that you have the legal right to use any Obucks Cards provided by you and used to initiate any transaction.
  9. - If you have any questions or concerns about a good or service you have purchased from an Openbucks Merchant, you should contact the Openbucks Merchant directly.
  10. - If you have any questions or concerns about the Openbucks Service you should contact Openbucks as set out in Section XXI below.

V. Refunds and Returns

Notwithstanding anything contained in these Terms of Use, Obucks Cards and prepaid access issued by Openbucks Merchants are not returnable or refundable for cash, except in states where required by law.

If you are not satisfied with a good or service you purchased from an Openbucks Merchant, you may request from that Openbucks Merchant a refund. Openbucks Merchants, however, are not obliged to issue refunds for goods or services purchased, but they may choose to do so in certain circumstances. To request a refund, you must contact the Openbucks Merchant directly. If the Openbucks Merchant agrees to issue a refund, that refund will be issued directly by the Openbucks Merchant.

VI. Fraud, Misuse or Errors

We may block or cancel your Obucks Card or access to the Openbucks Service for any reason, at our discretion. Cancellation may include limiting your payments, cancelling any order, or deactivating any Obucks Card that we reasonably believe to be linked to fraudulent or abnormal activities, or activities that are not in line with Openbucks internal policies, in each case, at our sole discretion. You agree that you will not use an Obucks Card that has been blocked or cancelled.

We will not send you a periodic statement listing transactions that you make using the Obucks Card. The transactions will appear only on the statement issued by your bank or other financial institution if you paid for the Obucks Card using a card issued by a bank or financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR OBUCKS CARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated in Section XXI below.

VII. Fees, charges, and payment

You are solely responsible for any and all amounts payable to Openbucks Merchants as described in these Terms of Use, or to other third parties associated with your use of the Openbucks Service.

VIII. Modification of the Terms of Use

From time to time, we may change, modify, add, or remove portions of the Terms of Use, and reserve the right to do so in our sole discretion. If we modify the Terms of Use, we will make them available through the Openbucks Service and indicate the date of the latest revision. We encourage users to review the Terms of Use periodically for changes. Disputes between you and Openbucks will be governed by the version of the Terms of Use that was in effect on the date the dispute arose.

IX. Prohibited uses

You may not access the Openbucks Service in territories where its contents, features, or practices are not permitted, or in countries or jurisdictions which are not permissible under Openbucks internal policies. Those who choose to access the Openbucks Service do so at their own initiative and are solely responsible for compliance with all non-U.S. local laws and rules including, without limitation, rules about the internet, data, email or privacy.

You may only use the Openbucks Service for personal, non-commercial purposes, unless Openbucks has given you explicit written permission in advance to do otherwise.

You agree that you will not use any robot, spider, scraper, or other automated means to access the Openbucks Service for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict automated or manual access to the Openbucks Service.

X. Feedback

We encourage you to provide Openbucks with comments, bug reports, suggestions for modifications, and your thoughts about Openbucks in general (“Feedback”). In return, we shall have the right to use such Feedback in our discretion, including but not limited to the incorporation of such suggested changes into the Openbucks Service and the right to assign, license or otherwise use the Openbucks Service. You hereby grant us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

XI. Ownership and proprietary rights

All elements of the Openbucks Service provided by Openbucks (“Openbucks Materials”) are property of Openbucks or its subsidiaries or affiliated companies and/or third-party licensors, including Openbucks Merchants. Openbucks Materials are protected by intellectual property rights and laws.

Openbucks hereby grants you a limited, personal, non-transferable and revocable license to access and use the Openbucks Service only as expressly permitted in these Terms of Use. We do not grant you any other rights or license with respect to the Openbucks Materials or Openbucks Service.

XII. Third-party sites, products, services and links

The Openbucks Service may include links to other web sites or services, including websites of Openbucks Merchants (“Linked Sites”). You acknowledge and agree that Linked Sites may be governed by a separate set of terms and conditions and you agree to abide by those terms and conditions when you visit Linked Sites. Openbucks makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Linked Sites on the Openbucks Service are solely between you and such advertiser. YOU AGREE THAT OPENBUCKS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE OPENBUCKS SERVICE.

XIII. Risks

You acknowledge and agree that access to the Internet and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, and reliability of transmission. You agree to bear full and exclusive responsibility arising from such risks and consequences of your usage of the Openbucks Service. Openbucks takes precautionary measures to protect its network against third party access; however, full protection against unauthorized access cannot be guaranteed and we are not responsible for such access.

XIV. Disclaimers; No warranties

THE OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUCKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS ARE PROVIDED “AS IS” AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW. OPENBUCKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUCKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS.

XV. Indemnification and hold harmless

YOU AGREE TO INDEMNIFY AND HOLD OPENBUCKS, ITS AFFILIATED COMPANIES, AND ITS SUPPLIERS AND PARTNERS HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF YOUR USE OR MISUSE OF THE OPENBUCKS SERVICE, VIOLATION OF THESE TERMS OF USE, VIOLATION OF THE RIGHTS OF ANY PERSON OR ENTITY, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS YOU MAKE HEREIN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.

XVI. Limitation of liability and damages

Limitation on Type of Liability. IN NO EVENT SHALL OPENBUCKS OR ANY OF ITS AFFILIATES, MERCHANTS, THIRD PARTY PAYMENT PROCESSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, LIQUIDATED, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS, BUSINESS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE OPENBUCKS SERVICE, EVEN IF OPENBUCKS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE.

Limitation on Amount of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNTS PAID BY YOU TO OPENBUCKS IN THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR $1000.00 (ONE THOUSAND U.S. DOLLARS). CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

XVII. No Wavier and Separability.

You agree that if Openbucks does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Openbucks has the benefit of under any applicable law), this will not be taken to be a formal waiver of Openbucks’ rights and that those rights or remedies will still be available to Openbucks.

The provisions of these Terms of Use shall be considered separable. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

XVIII. Assignment.

We may assign these Terms of Use at any time, without notice.

XIX. Governing Law, Arbitration of Disputes and Waiver of Class Claims

PLEASE READ THIS SECTION XIX (THE “ARBITRATION PROVISION”) CAREFULLY BECAUSE IT REQUIRES YOU AND US (AS SUCH TERMS ARE DEFINED BELOW) TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH EACH PARTY CAN SEEK RELIEF FROM EACH OTHER.

  • 1. Definitions. As used in this Arbitration Provision, the terms “we,” or “us” shall for all purposes include us, our parents, wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns and all of their respective agents, employees, directors, and representatives. In addition, “we,” and “us” shall also encompass any third party using or providing any product, service, or benefit in connection with any Obucks Card, in each case, in connection with a Claim (as defined below) asserted by you, if, and only if, such third party is named as a co-party with Openbucks or files a Claim with or against Openbucks. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities who have or use an Obucks Card, including but not limited to all persons or entities contractually obligated under any of these Terms of Use.
  • 2. Claims Shall Be Settled by Arbitration. These Terms of Use and any past, present and future claim or controversy arising out of or relating thereto, including any claim against us in connection with or relating to use of the Openbucks Services (each, a “Claim”), are governed by this Arbitration Provision.

    Any Claim, including questions involving the scope, interpretation, or enforceability of this Arbitration Provision, will be settled by binding individual arbitration administered by the American Arbitration Association pursuant to its then-current Consumer Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) (available at www.adr.org/Rules), and will be arbitrated in Miami-Dade County, Florida, unless you elect to conduct proceedings telephonically or via other remote electronic means, or unless otherwise required under applicable AAA Rules. Each party will bear its own attorneys’, experts’ and witness fees. The AAA Rules will govern payment of all arbitration fees.
  • 3. Collective Arbitration. Arbitration proceedings may not be consolidated with those of other Obucks Card holders. Neither you nor we will have the right to participate as a member of any class of claimants pertaining to any Claim and each party expressly waives its right to assert or to participate as a part of any group, class, collective, mass, representative, or consolidated claim (each, a “Collective Arbitration”). Third parties’ claims will not be joined in any arbitration between you and us.

    Without limiting the generality of the foregoing, a Claim will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees, or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
  • 4. Federal Arbitration Act. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16 (“FAA”), notwithstanding any other choice of law set out in this Agreement. Except to the extent needed to enforce this Arbitration Provision or any arbitral award issued hereunder, the parties waive all rights to a court or jury trial to resolve any Claims.
  • 5. OPT-OUT OF AGREEMENT TO ARBITRATE. You may decline this agreement to arbitrate by contacting legal.departmentNA@paysafe.com within thirty (30) days of first accepting these Terms of Use. You must indicate in the email heads: OPT OUT-OPENBUCKS SERVICE-OBUCKS CARDS and must state that you (include your first and last name) decline this Arbitration Provision. By opting out of the agreement to arbitrate, you will not be precluded from using the services but neither you nor we will be permitted to invoke the mutual agreement to arbitrate to resolve Claims under the terms otherwise provided herein.
  • 6. Survival. This Arbitration Provision shall survive termination of your Obucks Card as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms of Use or any prior agreements you have had with us, each of which shall be enforceable regardless of such invalidity.
  • 7. Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE SHALL BE ENTITLED TO CONSOLIDATE, JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY CLAIM, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF THIS SECTION 7 ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.

XX. Survival

Sections XIV, XV, XVI, XVII and XIX will survive any termination or expiration of these Terms of Use.

XXI. Contact

If you have any questions about these Terms of Use or the Openbucks Service that are not answered on the Openbucks website at https://www.openbucks.com/support/customers.html, please contact us at:

Openbucks Corp.
440 N. Wolfe Rd.
Sunnyvale CA, 94085
Email: support@openbucks.com

If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Notice: Openbucks has been granted a license under U.S. Patent No. 6,876,979.