Terms of Service
User Agreement for OMEN® Service
Note: The User Agreement below will be replaced on June 4, 2009, for all OMEN® accounts that signed up prior to February 7, 2009. OMEN® accounts that signed up on or after February 7, 2009 are bound by the terms of the new User Agreement. To view the new User Agreement, click here.
This User Agreement (“Agreement” or “User Agreement”) is a contract between you and OMEN®, Inc. and applies to your use of the OMEN® payment service and any related products and services (collectively the “Service”). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer’s hard drive for your reference. For additional information about the Service and how it works, please also consult the OMEN® Help Center. In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, “OMEN®,” “we” or “our” will refer collectively to OMEN®, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
Unless otherwise specified, all references to a “bank” in this Agreement include savings associations and credit unions, and all references to a “credit card” include Visa- and MasterCard-branded debit cards. This Agreement was last modified on January 14, 2009.
I. The Legal Relationship between You and OMEN®
By registering for the Service, you appoint OMEN® as your agent to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. OMEN® will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) OMEN® is not a bank and the Service is a payment processing service rather than a banking service, and (ii) OMEN® is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
You are not required to keep funds in the OMEN® system (i.e., carry a balance in your OMEN® agency account) in order to use the Service. If you do carry a U.S. Dollar balance in your OMEN® account and do not enroll in the OMEN® Money Market Fund, OMEN® will pool your funds together with funds from other Users, and will place those funds in accounts at one or more FDIC-insured banks (“Pooled Accounts”). You agree that any earnings on the Pooled Accounts will be the property of OMEN®, and you will not receive interest or other earnings on the funds that OMEN® handles as your agent. Balances held in currencies other than U.S. Dollars will not be placed with the FDIC-insured banks.
If you enroll in the Money Market Fund, OMEN®’s subsidiary OMEN® Asset Management Inc. will act as your agent to transfer any U.S. Dollar balance in your OMEN® account on a daily basis to purchase shares in the Money Market Fund. Thereafter, payments that you send through OMEN® will be funded by a redemption of your shares in the Money Market Fund. For more information on the Money Market Fund, please review prospectus.
By initiating and sending payments through the Service or adding funds to your balance, you appoint OMEN® as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate or to a Pooled Account, subject to the terms and restrictions of this Agreement. OMEN® will obtain the funds first by debiting your funds in the Pooled Accounts or redeeming your shares in the Money Market Fund, if any. If this is not sufficient to fund your payment fully, OMEN® will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and OMEN® holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is canceled.
By receiving payments through the Service, you appoint OMEN® as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct OMEN® with respect to the transmission of your funds. Through the OMEN® website, you may provide instructions to withdraw the funds, enroll in an automatic sweep of the funds into the OMEN® Money Market Fund or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through OMEN® but you have not registered for the Service, OMEN® will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the payment. If you register for a Premier or Business account and intend to accept credit card payments, you will be receiving services provided by Wells Fargo Bank, N.A. and Wells Fargo Merchant Services, LLC (collectively “Wells Fargo”), and the terms of Article VIII (Additional User Agreement for Premier and Business Accounts) will govern your rights, obligations and liabilities with respect to such credit card transactions.
II. User Responsibilities
As of January 1, 2002, you must be at least 18 years of age to register for an account and use the Service. Additionally, if your credit report reflects an unacceptable level of risk, you will not be eligible to use the service.
1. No Multiple Accounts. Should you register for more than one Personal Account, OMEN® reserves the right to terminate all of your accounts and will restrict you from the system going forward. Users may register and hold one Personal Account and either one Premier or one Business Account.
2. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, OMEN® has the right to terminate your use of the Service and OMEN®, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. If your application is for a Premier or Business account, you may be required to furnish more detailed information in order to be in compliance with VISA/MasterCard rules. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Wells Fargo and the VISA/MasterCard associations have the right to require that OMEN® terminate your account.
You authorize OMEN®, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases.
3. Non-U.S. Use. To be eligible for an account, you must be a resident of the United States or one of the approved countries listed below:
o Costa Rica
o Dominican Republic
o Hong Kong
o New Zealand
o South Korea
o United Kingdom
All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment, and all transactions may be subject to exchange rates. If you maintain a OMEN® account balance in more than one currency, we will always disclose the amount of money in your account in the currency in which that balance is held. In addition, if you maintain balances in more than one currency, your current total account balance will be displayed in the currency of your primary balance. For additional information about the currencies available for the OMEN® Service, see sections III.7 Sending Payments: Multiple Currencies, and IV.7 Receiving Payments: Multiple Currencies, below.
Non-U.S. Users in some countries may not use the Service to receive payments, and may only use the Service to send payments. These countries are designated on the OMEN® International page. IT IS OMEN®’S ASSUMPTION THAT NON-U.S. USERS ARE SIGNING UP FOR A OMEN® ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING A OMEN® ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are a non-U.S. user, you warrant that you are violating no law or regulation by your use of OMEN®, and you indemnify us for any and all liability that might arise from your use of OMEN®.
4. Prohibited Transactions. You agree that you will not use OMEN® to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties. You will not use the Service, the OMEN® website or any of the services offered therein for any unlawful or fraudulent activity. If OMEN® (or Wells Fargo, in connection with processing credit card transactions) has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. Further, if such behavior involved a MasterCard or VISA credit card transaction, it may result in you/your business being prevented from registering for payment acceptance through any payment provider or directly with any bank acquirer operating under license to either the MasterCard or VISA card associations. You will cooperate fully with OMEN® Wells Fargo, MasterCard or VISA to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized OMEN® representatives “guest” or “member” access to any password-protected portions of your website.
You also agree not to use your OMEN® account to sell goods with delivery dates delayed more than 20 days from the date of payment, or to sell securities, business opportunities, franchises or multi-level marketing or goods with delivery delayed more than 20 days from the date of payment. You agree not to impersonate a OMEN® User or a OMEN® representative, or to request that a OMEN® customer provide you with their password or other information to access their account.
5. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from OMEN® in electronic form. Electronic Communications may be posted on the pages within the OMEN® website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. OMEN® reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying OMEN® of your decision to do so by contacting us through this form or by telephoning customer service. If you revoke your consent to receive Communications electronically, OMEN® will terminate your right to use the Service
6. Correct E-mail. You agree and warrant that you have access to the internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, OMEN® will not be liable for any undelivered e-mail communications or any costs you incur for maintaining internet access and an e-mail account. You have an AFFIRMATIVE OBLIGATION to provide OMEN® with a correct and operational e-mail address, and to notify OMEN® promptly as to any changes or cancellations of any and all e-mail addresses you provide OMEN®. Failure to provide OMEN® with a current, working, functional, personal e-mail address, and/or failure to update OMEN® in a change or cancellation of your e-mail address, or if OMEN® has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by OMEN® of a non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences regarding OMEN® e-mail notifications; and/or (4) attempts by OMEN® to reach you personally by phone, fax or postal mail. OMEN® reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.
7. No Framing. Because OMEN® members are warned never to enter their OMEN® account password into any page whose URL does not begin with https://www.odegardmedia.com/, the use of “framing,” where a 3rd party site displays a portion of the OMEN® website inside a webpage whose URL is not https://www.odegardmedia.com/, is prohibited.
8. No Spam. You agree not to use email addresses of OMEN® customers to send unsolicited email. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting OMEN® Users to gain referrals or for any other purpose. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the internet, and us.
9. Unclaimed Property. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.
10. Passwords. You may not reveal your account password(s) to anyone else, nor may you use anyone else’s password. OMEN® is not responsible for losses incurred by Users as the result of their misuse of passwords.
11. Closing Your Account. You may close your account at any time by clicking the “Close Account” link in your Profile on the OMEN® website. Upon closure of an account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users). You may not use closure of your account as a means of evading investigation – if an investigation is pending at the time you close your account, OMEN® may continue to hold your funds for up to 180 days as appropriate to protect OMEN® against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, OMEN® will make an additional payment of those funds to you. You will remain liable for all obligations related to your account even after such account is closed.
12. Hacking. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
13. No Cash Advances. You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist Users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone with a credit card-funded payment through the Service, then receiving the funds back from the original Recipient and attempting to withdraw the funds from their account. OMEN® reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
14. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of OMEN®. OMEN® reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
15. Indemnification. You agree to indemnify and hold OMEN®, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Service.
16. Security Interest; OMEN®’s Right to Setoff. To secure your performance of this Agreement, you grant to OMEN® a lien on and security interest in your account. In addition, you acknowledge that OMEN® may setoff against any accounts you own for any obligation you owe OMEN® at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. OMEN® may consider this Agreement as your consent to OMEN®’s asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
17. Choice of Law. This Agreement is governed by and interpreted under the laws of the state of California, USA as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
18. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Clara County, California, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or OMEN® may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara County, California, USA necessary to protect the rights or property of you or OMEN®, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
III. Sending Payments
1. Spending Limits and Verification
i. U.S. Users. You need to have a credit card or confirmed bank account with OMEN® before you can send any payments. American Express has decided to decline OMEN® credit card transactions that are funded with an American Express Corporate Card. As a result, any attempts to register or use an American Express Corporate Card will be denied. Once you confirm an email address and add a credit card, you are limited to a total of $2,000.00 USD of spending. Some accounts, at OMEN®’s discretion, may have a lower limit. Some transactions, at OMEN®’s discretion, may not apply towards the limit. Your Sending Limit is denominated in U.S. Dollars. All foreign currency payments will reduce your Sending Limit by the equivalent U.S. Dollar amount. Once you become Verified by confirming your bank account, your Sending Limit will be lifted. Account limits, if any, can be viewed from the “View Limits” link on the Account Overview page. In order to become Verified, you must login to your OMEN® account and authorize OMEN® to make two small deposits, at OMEN®’s own expense, to the bank account that you registered. Your bank account and your OMEN® account will be considered Verified if and when you correctly enter these deposit amounts on the OMEN® website. If your Verified bank account is closed, you must confirm your control of a new U.S. bank account in order to remain Verified. OMEN® reserves the right to decide that accounts at certain banks may not be used for Verification.
Some accounts, at OMEN®’s discretion, will be required to complete our membership process. Specifically, this means that you may be required to pay a $1.95 USD member fee to establish your OMEN® account and must complete the membership process by logging into your OMEN® account and entering the four-digit Member Number associated with the $1.95 USD fee. This membership process will be complete if and when you correctly enter your Member Number on the OMEN® website. After you have successfully entered your Member Number, you will receive a $1.95 USD bonus for the next OMEN® payment you send. (Note: this bonus may take up to 24 hrs to process and be reflected in your OMEN® account balance.) OMEN® may require you to complete the membership process each time you add a funding source to your OMEN® account.
Some accounts, at OMEN®’s discretion, may become Verified without completing the bank account confirmation process. In order to become Verified without completing the bank account confirmation process, an account will have completed an alternate Verification process determined and administered by OMEN®. Accounts eligible for an alternate Verification process are determined solely by OMEN® and will be contacted by OMEN®.
ii. Non-U.S. Users. You need to add a credit card before you can send any payments. Once you confirm an email address and add a credit card, you will have a Sending Limit. Your Sending Limit is denominated in U.S. Dollars. All foreign currency payments will reduce your Sending Limit by the equivalent U.S. Dollar amount. Once you confirm an email address, add a credit card, and enter your Member Number, your account will have an unlimited sending limit. American Express has decided to decline OMEN® credit card transactions that are funded with an American Express Corporate Card. As a result, any attempts to register or use an American Express Corporate Card will be denied. Some accounts, at OMEN®’s discretion, may have a higher or lower limit before verification. Some transactions, at OMEN®’s discretion, may not apply towards the limit. Account limits, if any, can be viewed from the “View Limits” link on the Account Overview page. In order to obtain your Member Number, you must pay a $1.95 USD membership fee and log in to your OMEN® account and enter the four-digit Member Number associated with the $1.95 USD charge. After you have successfully entered your Member Number, you will receive a $1.95 USD bonus on the next OMEN® payment you send. (Note: this bonus may take up to 24 hrs to process and be reflected in your OMEN® account balance.) Your membership will be complete and your sending limit lifted if and when you correctly enter your Member Number on the OMEN® website. If you remove the funding source used to establish your membership, OMEN® may require you to complete the membership process again.
Your non-U.S. account will be considered Non-U.S. Unverified until you have completed the following three steps: (1) Confirm your email address, (2) Add a credit card, and (3) Enter your Member Number. Except for Canadian Verified sellers with Business or Premier accounts who meet all of our other Seller Protection Policy guidelines, no non-U.S. accounts, whether Verified or Unverified, are protected under OMEN®’s Seller Protection Policy.
Some accounts, at OMEN®’s discretion, may become Non-U.S. Verified without completing the membership process. In order to become Non-U.S. Verified without completing the membership process, an account will have completed an alternate Verification process determined and administered by OMEN®. Accounts eligible for an alternate Verification process are determined solely by OMEN® and will be contacted by OMEN®.
2. Electronic Transfers. When you make a payment through OMEN® that is funded by Instant Transfer or eCheck, and when you initiate an “Add Funds” transaction you are requesting an electronic transfer from your bank account. Upon such request, OMEN® will make electronic transfers via the Automated Clearing House (ACH) system from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. OMEN® will never make transfers from your bank account without your authorization.
OMEN® provides you protection against unauthorized withdrawals from your bank account under the terms of Article VI below. You may be charged a service fee for any ACH transactions that result in a returned ACH item, such as but not limited to those caused by insufficient funds in your bank account, closure of your bank account, or if the bank account number or other information you provided is incorrect. Currently, Non-U.S. Users are charged $20.00 USD per returned ACH and U.S. Users are not charged. OMEN® reserves the right to resubmit for collection any ACH debit authorized by you (Instant Transfer, eCheck or Add Funds) that is returned for insufficient or uncollected funds. In addition, if your OMEN® account has a negative balance at the end of the month, OMEN® reserves the right to resubmit for collection a second time.
i. Non-U.S. Members. Users in Germany and the Netherlands may add funds to their OMEN® account by initiating a bank transfer from their banking institution to their OMEN® account. Such funds will be posted to the user’s OMEN® account and converted to US Dollars at the time the payment is successfully received by OMEN®. A $1.00 USD fee will be assessed at that time.
3. Entering Member Numbers. OMEN® requires all Non-U.S. Users and some Domestic Users to complete an additional process to establish their membership with OMEN®. This process consists of a membership fee charged to the User’s credit card, debit card, or bank account that is associated with a randomly generated, unique 4-digit OMEN® Membership Number. OMEN® provides a page in the User’s account for the User to enter this Member Number when it is received via the User’s physical monthly card statement, or via online access to the card statement, or via the User’s physical monthly bank statement, or via online access to the bank statement. OMEN® strongly discourages users from calling their financial institutions in order to obtain OMEN® Member Numbers before receiving their monthly statement in the mail or online. If OMEN® receives a complaint from Visa, MasterCard, Discover, American Express, or a financial institution regarding a User’s calling that financial institution to obtain OMEN® Member Numbers, that User’s OMEN® account will be closed permanently. This membership fee may not be disclosed expressly at the time it is made.
4. Right of Recipient to Refuse Payment. When you send a payment to a third party through OMEN®, the recipient is not required to accept the payment, even if the recipient is already registered with OMEN®. The recipient is free to return payments or, in some cases, to use the OMEN® system to deny payments that you have sent. You acknowledge that OMEN® will not be liable for any damages resulting from a recipient’s decision not to accept a payment made through OMEN®. Any payments through OMEN® that are denied or unclaimed by a recipient will be returned to the sender on the earlier of (a) the date of such denial, or (b) within 30 days from the date the payment is sent.
5. Choice of Funding Sources. Choice of Funding Sources. OMEN® reserves the right to limit an account-holder’s choice of funding sources for any individual payment based on analysis performed through proprietary risk modeling systems. When OMEN® decides to limit funding source choices, the account holder will be alerted to the higher-than-normal level of risk associated with the payment. If OMEN® determines that there is a higher-than-normal level of risk, this is not an indication that either party in the transaction is acting in a dishonest or fraudulent manner; it is merely an indication that the combination of variables in the transaction has alerted OMEN® that the potential for payment repudiation is unacceptable. The account-holder may choose to continue with the transaction using the available funding sources (if any), with the understanding that he or she may be accepting an additional level of transactional risk. Thus, the account holder may have fewer avenues available for dispute resolution should the transaction turn out to be unsatisfactory.
6. Removal of Expired Credit Cards. OMEN® views expired credit cards as an invalid funding source and reserves the right to remove expired credit cards from your account. OMEN® will notify you via email that your credit card has been removed from your account because of an invalid expiration date. You may re-add the card once a valid expiration date is obtained.
7. Multiple Currencies. OMEN®’s Multiple Currencies feature allows users to send payments in U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, or Yen. Multiple Currencies is currently available for all payments made using the regular Send Money service. You do not need to maintain a balance in the currency in which you would like to send the payment, but may choose the currency at the time of payment. If you are making a payment in a currency in which you already maintain a balance, the funds for the payment will first be withdrawn from the balance you already hold in that currency. Additional funds required for the payment will be withdrawn first from any other OMEN® balance you maintain, and then from the funding source of your choice.
If your OMEN® balance(s) do not cover the full amount of your payment, and you hold a credit card denominated in the currency of the payment, that credit card will be charged for the remainder of the payment. If your OMEN® balance(s) do not cover the full amount of your payment, and you do not hold a credit card denominated in the currency of the payment, but you do hold a credit card denominated in one of the currencies supported by the Multiple Currencies feature (that is, U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, or Yen) your credit card will be charged in that currency. If your OMEN® balance(s) do not cover the full amount of your payment, and you neither hold a credit card denominated in the currency of the payment nor in any of the currencies supported by the Multiple Currencies feature (that is, U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, or Yen), your credit card will be charged in the currency of your payment. If you hold a U.S. OMEN® account, your card will always be charged in U.S. Dollars.
Before you complete the payment, OMEN® will display the current exchange rate for any funds you are sending which are not currently held in the currency of the payment.
In addition, the recipient of your payment does not need to maintain a OMEN® balance in the currency in which you are sending the payment. For additional information about receiving Multiple Currencies payments, please see section IV.7, Receiving Payments: Multiple Currencies, below.
IV. Receiving Payments
1. Receipt of Credit Card Funded Payments. The ability to receive credit card funded payments is reserved for Premier and Business accounts. Personal Accounts that receive credit card funded payments may accept the payment by upgrading to a Premier or Business account, or they will have to deny the payment. Personal accounts may receive non-credit card funded payments for free. Once upgraded, Premier and Business Accounts may receive unlimited credit card funded payments. Payments funded wholly or partially by a credit card are classified as credit card payments in the OMEN® system.
2. Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe OMEN®. When you receive a payment through the Service, unless you follow the steps necessary to qualify for our Seller Protection Policy described in Part VII of this User Agreement, you are not protected against a subsequent reversal of the transaction. In the event that the sender’s transaction is reversed for any reason and you do not qualify for the Seller Protection Policy for that transaction, you will owe OMEN® for the amount of the reversed transaction plus any fees imposed on OMEN® as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card reversal by the sender of the payment, and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorized bank account. OMEN® will seek to recover the funds from you by debiting your OMEN® balance and, if there are not sufficient funds in your OMEN® balance, OMEN® reserves the right to collect your debt to OMEN® by any other legal means. If you open a Premier or Business Account after October 11, 2001, you authorize OMEN® to debit your bank account linked to that OMEN® account for the amount that you owe OMEN® on transactions which were not covered by the Seller Protection Policy and which were not recoverable from your OMEN® balance.
OMEN® reserves the right to ask a recipient of a payment for further authentication or other information in order for him or her to accept it. Users who receive more than $10,000.00 USD in payments during a single month may be required to provide OMEN® with additional information in order to accept subsequent payments within the same month.
3. Refund. In the first sixty (60) days after a payment has been sent, the recipient has the option of refunding the payment by clicking on the “Refund” link on our website. If the transaction is refunded, all transaction fees will be refunded and the payment will be reversed.
i. U.S. Users. In order to withdraw funds that OMEN® is holding in custody for you, you must confirm the email address that you registered by responding to a message that OMEN® will send to that address when you have completed registration, and you must register a bank account or credit card with OMEN®. New OMEN® Users (who have been in the OMEN® system for 120 days or less or who signed up for a OMEN® account on or after November 14, 2002) are required to complete two out of three authentication steps (confirm bank account, enter Member Number, confirm Social Security Number) in order to withdraw more than $500.00 USD per month. Some accounts, at OMEN®’s discretion, may have this limit even after 120 days. Some accounts, at OMEN®’s discretion, may have lower limits until the authentication steps have been completed. Account limits, if any, can be viewed from the “View Limits” link on the Account Overview page.
You may withdraw funds by direct deposit into your bank account or by physical check. To cover the cost of processing checks, OMEN® charges $1.50 USD per check withdrawal. If a check is not redeemed after 180 days from the date it was issued, the funds (minus the fee) will be returned to your OMEN® account. Check withdrawals will not be sent to P.O. Box addresses. In addition, check withdrawals will only be sent to a Confirmed Address, unless you are Verified (as described in Section III.1 above), in which case you may choose any street address. If you would like a check withdrawal to an address that does not match these rules, you must contact Customer Service and produce appropriate documentation as determined by OMEN® before a check will be sent to the requested address.
ii. Non-U.S. Users. If you are a Non-U.S. User, may be asked to register a credit card with OMEN® before accepting payments. If and when you have registered a credit card, the following rules apply to the withdrawal of any payments you receive through the Service.
All Non-U.S. Users who have a U.S. bank account and registered it with OMEN® may withdraw funds from their OMEN® balance to that bank account once they have added a credit card and completed their Membership by confirming their email address and entering their Member Number. Some Non-U.S. Users, at OMEN®’s discretion, will have a a withdrawal limit of $500.00 USD per month before completing their OMEN® memberships. Users in Australia, Canada, Denmark, Finland, France, Germany, Hong Kong, Japan, Mexico, the Netherlands, New Zealand, Norway, Singapore, Spain, Sweden and the United Kingdom who have become Non-U.S. Verified (by confirming their email address, adding a credit card, and completing their OMEN® membership by successfully entering their Member Number) may register their local bank accounts with OMEN®, and may then withdraw funds from their OMEN® balance into their local bank accounts.
Non-U.S. Users outside of those countries who do not have a U.S. bank account will not be able to withdraw funds from the OMEN® system, and should therefore accept payments only if they expect to spend those funds using OMEN®. In order to accept payments, Non-U.S. Users outside those countries must set their Preferences by logging into their OMEN® account.
Users in some countries may not use the Service to receive payments, and may only use the Service to send payments. These countries are designated on the OMEN® International page.
iii. Multiple Currencies. When you use electronic funds transfer, you can choose the currency balance from which you would like to withdraw the funds. If the currency of the OMEN® balance from which you are withdrawing the funds differs from the currency of the bank account to which you are withdrawing the funds, currency conversion rates will apply. Before you complete the withdrawal, OMEN® will display the current exchange rate.
5. No Surcharges. Under Visa, MasterCard, Discover and American Express regulations and the laws of several states, including California, merchants may not charge a fee to the buyer for accepting credit card payments (often called a “surcharge”). You agree that you will not impose a surcharge or any other fee for accepting OMEN® as payment. This restriction does not prevent you from imposing a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge (in other words, the handling fee for transactions paid through OMEN® may not be higher than the handling fee for transactions paid through other payment methods). Nor does this restriction apply to Pound-denominated transactions by sellers residing in the United Kingdom listing items for sale on a UK-based website.
6. Use of OMEN® Logos on eBay Auctions. In addition to the terms set out in Section V Part 5 of this User Agreement, when you display a logo on your eBay auction which contains the Visa, MasterCard, Discover and American Express logos, your OMEN® account must accept payments made via credit card. You may edit your payment receiving preferences from your Profile.
7. Multiple Currencies. The Multiple Currencies feature allows you to maintain OMEN® balances in any or all of the following currencies: U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, or Yen. If you already maintain a balance in the currency in which you receive a payment, that payment will be automatically credited to that currency balance. You do not need to maintain a balance in a particular currency to accept payments sent in that currency. If you hold a Personal OMEN® account, every time you receive a payment in a currency in which you do not maintain a balance, you will be asked to manually accept or deny that payment. Before you accept a payment, OMEN® will display the current exchange rate.
If you hold a Premier or Business OMEN® account, your default preference when you receive a payment in a currency in which you do not maintain a balance is that you will be asked to manually accept or deny that payment. Before you accept a payment, OMEN® will display the current exchange rate. If you would like, you may set up your Payment Receiving Preferences in your Profile to do one of the following:
i. Automatically accept the payment and open a OMEN® balance in that currency.
ii. Automatically accept the payment and convert it to the currency of your primary balance. Note: If you choose this option, the payment will be converted at the current exchange rate at that time.
iii. Automatically deny payments received in a currency in which you do not already maintain a OMEN® balance.
iv. Continue to manually accept or deny payments received in a currency in which you do not already maintain a OMEN® balance.
You can open and close currency balances, transfer funds between currency balances, and change your Primary Currency from the Manage Currencies section of your Profile. Your Primary Currency is the currency which you designate as your home currency (i.e. the currency in which the value of other currency balances will be expressed). Your Primary Currency will remain U.S. Dollars unless you choose to make it a different currency.
V. Rights, Obligations and Disclaimers of OMEN®
2. Processing. OMEN® shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
3. Closing Accounts and Limiting Account Access.
OMEN®, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the User and payment to the User of any unrestricted funds held in custody. OMEN®, at its sole discretion, also reserves the right to periodically retrieve and review a business and / or consumer credit report for any account, and reserves the right to close an account based on information obtained during this credit review process.
OMEN®, at its sole discretion, also reserves the right to limit access to sending money or making withdrawals from an account for any one of the events listed below. If the dispute covers only a specific transaction, we will only limit access to funds related to that particular transaction. If your account access has been limited, you will be notified by e-mail and requested to provide information relevant to your account. OMEN® will investigate the matter promptly. If the investigation is in your favor, we will restore access to your account. If the investigation is not in your favor, OMEN® may return funds to the sender and restore access to the remainder of your account, continue to limit your account access for up to 180 days as to funds necessary to protect OMEN® against the risk of reversals, or may close your account by giving you notice and mailing a check for any funds in your account (minus funds that are in dispute) to the address that you have provided. If you are later determined to be entitled to the funds in dispute, OMEN® will make an additional payment of those funds to you. Any of the following events may lead to your account being limited:
• Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank;
• Reports of unauthorized or unusual bank account use associated with the account;
• Complaints received regarding non-shipment of merchandise, non-delivery of services, merchandise not as described, or problems with merchandise shipped;
• Initiation by a buyer of a reversal process through the buyer’s issuing bank without first pursuing the Buyer Complaint process described below;
• Receipt of potentially fraudulent funds;
• Excessive disputes or reversals, or attempts to “double dip” by receiving funds in a dispute both from OMEN® and through a reversal or a refund from the seller;
• Refusal to cooperate in an investigation or provide confirmation of identity when requested;
• Initiation of transactions considered to be cash advances or assisting in cash advances;
• Sending unsolicited email or posting referral links on websites where they are not permitted;
• Opening multiple Personal accounts;
• The account has been used in or to facilitate fraudulent activity;
• Violations of this User Agreement;
• Name on the bank account associated with the OMEN® account does not match the name on the OMEN® account;
• Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number;
• Use of an anonymizing proxy;
• Participating in prohibited transactions and activities, including but not limited to multi-level marketing programs, gifting clubs and other pyramid schemes, and listing items for sale that have a delayed delivery date of 20 days or more after the transaction list, and other activities that are prohibited in Part II of this Agreement;
• Reports from credit agencies of a high level of risk;
• Receipt by OMEN® of excessive complaints regarding your account, business or service; and/or
• Logging in from a country not included on OMEN®’s permitted countries list.
OMEN® will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.
4. Termination. OMEN®, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
5. Trademarks. OMEN®.com, OMEN® and all related logos, products and services described in this website are either trademarks or registered trademarks of OMEN®, Inc., or its licensors, and (aside from the circumstances described in “Use of Logos” below) may not be copied, imitated or used, in whole or in part, without the prior written permission of OMEN®. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of OMEN® and may not be copied, imitated, or used, in whole or in part, without the prior written permission of OMEN®.
Notwithstanding the above, HTML logos provided by OMEN® through its Affiliate Program, Web Accept feature, or Auctions Tools features (“Logos”), may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to OMEN® or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by OMEN®. OMEN® is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
6. Miscellaneous Disclaimers.
a. OMEN® reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds.
b. OMEN® shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by Senders.
c. Verification of Users is only an indication of increased likelihood that a User’s identity is correct. OMEN® shall not be responsible for any fraud, deception or misrepresentations by Users, whether or not the User is Verified. However, OMEN®’s Buyer Complaint Program, described below, will seek to assist Users who may be the victims of fraud if they report the problem promptly.
d. OMEN® shall not be obligated to pay a User for any Payments for which OMEN® has not been fully paid by the Sender’s credit card issuer or bank, as applicable.
e. OMEN® will not have any liability in connection with any unauthorized interception or use of data relating to you or the OMEN® service; any inability by you to use or access the service or the OMEN® website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which OMEN®, Inc. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or internet service providers.
f. In no event shall OMEN® be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the OMEN® website, even if OMEN®, Inc. has been advised of the possibility of such damages. In no event shall OMEN®, Inc. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
g. OMEN® reserves the right to require Users who receive payments through OMEN® and operate with high reversal rates or otherwise present a relatively high risk of losses to choose between closure of their OMEN® account or entering into an additional agreement addressing such risks, which may include higher fees.
7. Security Features. OMEN® strongly suggests that you use a web browser with 128-bit encryption. For more information on security, please visit the Security Center. However, regardless of whether you use a web browser with security features, OMEN® is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.
8. Additional Disclaimers for the use of the Multiple Currencies feature. Maintaining balances in multiple currencies and sending and receiving payments in currencies that differ from your Primary Currency entails additional risks. These key risks include (although this is not a comprehensive list):
. If you maintain a balance in a currency other than your Primary Currency, the value of these additional balances will fluctuate as exchange rates change, which over time may result in a significant decrease or increase in the value as measured by the Primary Currency. The value of your non-primary currency balances will be displayed in terms of your Primary Currency at the current exchange rates on the OMEN® system. By opening a balance in a currency other than your Primary Currency, you acknowledge that it is your responsibility to monitor the fluctuations or exchange rates, and that any perceived loss from these fluctuations will be borne by the funds in your OMEN® account, and are in no way the responsibility of OMEN®.
a. When you initiate a transaction in which a currency conversion must take place (when you are sending a payment using Multiple Currencies, accepting a payment in a currency in which you do not maintain a OMEN® balance, withdrawing funds from your OMEN® account, or transferring funds between currency balances within your OMEN® account), OMEN® will display the exchange rate for the conversion. By completing the transaction, you agree to the exchange rate displayed. If the payment has to be returned or reversed at a later time, OMEN® will re-convert the funds to the original currency, but will use the prevailing exchange rate at the time of the return or reversal.
In addition, if you hold a Premier or Business OMEN® account and you set your Payment Receiving Preferences to take payments received in a currency in which you do not maintain OMEN® balance and automatically accept and convert those funds to your Primary Currency, you are agreeing to use the prevailing exchange rate at the time of the conversion.
b. As long as you maintain an open balance in a specific currency, all payments received in that currency will automatically be credited to that OMEN® balance.
c. In the event that one of the currency balances in your OMEN® account becomes negative, OMEN® retains the right to offset the negative balance using funds maintained in a different currency balance.
OMEN® may use funds held in any currency balance to recover amounts owed to OMEN® due to chargebacks or for any other reason. In addition, funds from payments received will first be diverted to make up any negative currency balance regardless of your Payment Receiving Preferences. OMEN® will forcibly convert all negative balances to the U.S. Dollar balance after the account has maintained a negative balance for 21 consecutive days. The above referenced negative balance does not include negative balances which result from a pending reversal where OMEN® has yet to conclude its investigation of the situation.
If one of the currency balances in your OMEN® account becomes negative, OMEN® will divert funds from any withdrawals you make (whether you withdraw by check, electronic funds transfer, or your OMEN® Debit Card) to make up the negative balance before allowing you to withdraw the funds.
d. The Multiple Currencies feature is designed to facilitate online payments. You agree not to attempt to use the Multiple Currencies for speculative trading. Because the exchange rates that you will be assessed for currency conversion include OMEN®’s conversion and risk fee, any attempt to use the product for exchange trading will, in all likelihood, result in losses.
VI. Electronic Fund Transfer Rights and Error Resolution
1. It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money from your account without your permission. Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us or your bank if someone has gained access to your password, or if a transfer or withdrawal in your monthly statement is incorrect or unauthorized. Notifying us quickly limits your liability.
VII. Consumer Protection Programs
1. In general. OMEN®’s consumer protection programs, consisting of a Buyer Complaint Policy and a Seller Protection Policy as defined below, are designed to try to help buyers recover funds from sellers who do not ship the promised goods, and to reduce the risk of reversals for sellers who follow specified risk-reduction procedures. The Seller Protection Policy is also designed in part to reduce fraud by encouraging users of the OMEN® service to become Verified, as described above. Verification, in conjunction with our other proprietary authentication methods, lowers our company’s financial risk and allows us to provide the consumer protection policies listed below. Please note: OMEN®’s consumer protection programs only apply to tangible, physical goods which can be shipped, and excludes everything else, including but not limited to: intangibles, services, quasi-cash and all non-tangible, non-physical goods.
2. Buyer Complaint Policy
i. General. If you pay a seller who does not ship the promised goods, you should first contact the seller and attempt to resolve the dispute. If you are unable to resolve the dispute in this manner, you should then file a Buyer Complaint Form with OMEN® as soon as possible. The Buyer Complaint Form may be found by going to the “Resolution Center” link in the header of the Account Overview page.
OMEN® will investigate your claim, contact the seller and, if the seller does not present appropriate proof of shipment, a full refund or other evidence of a satisfactory resolution, OMEN® will seek to collect the amount you paid from the seller. OMEN® may also limit the seller’s access to his or her OMEN® account. You will be entitled to the return of any and all funds OMEN® is able to collect from the seller for funds received by OMEN® prior to the seller’s account status having been changed to limited access. RECOVERY OF YOUR CLAIM IS NOT GUARANTEED.
Complaints must be filed no later than 30 days from the date of payment. Only one Complaint may be filed per OMEN® transaction. OMEN® will seek to resolve the complaint within 30 days of the date the complaint is filed, though such time frame may be extended, if appropriate, to accommodate the investigation. This policy applies only to the sale of tangible, physical goods and excludes all other sales and services, pursuant to section 1 above.
ii. Additional Protection for eBay Auctions. For purchases made on eBay using OMEN®, OMEN® offers additional protection to domestic Users who pay a Verified seller but do not receive their goods. This additional protection is not available for Non-U.S. Users. If OMEN® is unable to recover all of your funds through our investigation of a qualifying dispute, you may file a claim under eBay’s Insurance Claims process (an “eBay Claim”). If your eBay Claim is granted but does not cover the full amount of your loss, OMEN® will reimburse you for up to $200.00 USD of additional losses, whether or not OMEN® is able to recover such funds from the seller.
In order to receive this additional protection, you must file a Buyer Complaint Form with OMEN® no more than 30 days after the eBay transaction, following the same process outlined in (i) above. You may file your eBay Claim at any time, but eBay is likely to require you to obtain a determination from OMEN® before they will process your claim. If and when your eBay claim is granted, you must contact OMEN® customer service no more than 30 days after the grant date. You will need to provide OMEN® with a copy of the eBay Claim that you filed and satisfactory evidence that your eBay Claim was granted. OMEN® may also require additional documentation as proof of your identity. OMEN® will reimburse you for up to $200.00 USD of additional losses not covered by the eBay claim within 30 days of the date you provide evidence that your eBay Claim was granted. This time frame may be extended if necessary to ensure the accuracy of the claim.
This Additional Protection does not apply to disputes about the quality or attributes of delivered goods, goods that have been lost in the mail as shown by seller’s presentation of proof of shipment, payments for services, payments to Unverified sellers, or a seller’s failure to deliver intangible goods. Pursuant to section 1 above, this policy applies only to the sale of tangible, physical goods and excludes all other sales and services. In order to be eligible for the eBay Additional Protection, you must have paid for the undelivered goods with a single payment from a single OMEN® account. The seller’s Verification status will be displayed to you on the OMEN® website when you confirm the details of your transaction, giving you the opportunity to cancel the transaction prior to sending payment if you do not want to pay an Unverified seller.
3. Money Back Guarantee
General. OMEN®’s Money Back Guarantee program, which applies to selected physical goods transactions involving U.S. buyers, ensures that if you buy the Guarantee, you will be satisfied with your purchase or have an option to resell the merchandise to OMEN® for the price you paid for it for the first 30 calendar days following the date of payment or seven days after receipt, whichever is earlier. OMEN® will not reimburse you for the Guarantee fee or for any shipping costs you incur in returning the merchandise. OMEN®’s obligation to reimburse you if you buy the Guarantee is subject to the requirements specified in sections ii and iii below and to your filing a complete and accurate reimbursement request as described in section iv below. This Guarantee is applied in addition to any protection you may already have.
i. Cost of Guarantee. The cost of the Money Back Guarantee will be displayed on eligible transactions at the time of payment. If a transaction is eligible, the Money Back Guarantee must be purchased as part of the original transaction. This fee will not be refunded under any circumstances, except if the seller initiates a refund of the transaction before the buyer has filed a request for reimbursement under the Money Back Guarantee.
ii. Requirements for Offering the Guarantee. The Money Back Guarantee will be offered only on selected transactions, and even if offered and purchased, the Guarantee will not cover excluded items as described in Section iv. below. If OMEN® is offering the Money Back Guarantee on a transaction, the option to purchase the Money Back Guarantee will be displayed during the payment flow.
The general requirements for a transaction to be eligible for the Guarantee offer are:
1. Transaction-based requirements. The Guarantee will only be offered for transactions with a total amount of $1,000.00 USD or less.
If the Guarantee is purchased for a Shopping Cart transaction, only one reimbursement request may be filed for the transaction, although the request may include multiple items in the Shopping Cart. Subscriptions, Service, and Quasi-Cash transactions are not eligible for the Money Back Guarantee.
2. Item-based requirements. The Guarantee only applies to physical goods that have been purchased outright, rather than leased or rented. If an item(s) is part of a set or collection, the protection is only for the value of the item against which the reimbursement request is being filed; the value of the entire set will not be reimbursed.
3. Seller requirements. At this time, the Money Back Guarantee program is available only for a selected set of qualified sellers. Among other things, a qualified seller must have a OMEN® account in good standing and have been an account-holder for at least 5 months. The seller also must not have opted out of the Money Back Guarantee program. As more sellers become eligible, they will be notified by email.
4. Buyer requirements. The Guarantee will be applicable to U.S. buyers only. Each account may only file a maximum of 3 Guarantee reimbursement requests in a given twelve-month period. OMEN® reserves the right not to offer the Guarantee to specific buyers if any prior reimbursement requests have been denied.
iii. Requirements for Honoring Reimbursement Requests. These requirements will determine if reimbursement requests can be honored under the Money Back Guarantee program:
1. Pre-filing resolution effort. Prior to filing a reimbursement request, the buyer must attempt to contact the seller and to make a good-faith effort to seek resolution directly with him or her.
2. Reimbursement request completion. Reimbursement requests must be complete and on time, as specified in section iv below.
3. Specific item exclusions. Items or situations which fit any of the following exclusions are not eligible for protection under the Guarantee:
a. Items that have been damaged by the buyer
b. Apparel items that have been worn or washed
c. Media products such as DVDs, CDs, video and audio cassette tapes, video games and other software, etc.s
d. Stored value cards (e.g. phone cards, gift cards, etc.) of any kind
e. Hazardous materials, including but not limited to chemicals, explosives, flammables, poisons, and gases
f. Firearms, explosives, or ammunition of any sort including but not limited to guns, rifles, and bombs
g. Illegal/contraband goods
h. Animals, plants, or any parts thereof
i. Motorized vehicles of any kind, including but not limited to automobiles, motorcycles, boats, and airplanes
j. Recalled products
k. Consumables and perishables
l. Land, buildings, structures, or real estate properties, lots or improvements
m. Items weighing more than 70 pounds
n. Items that, when packed, exceed 130 inches in combined length and girth (the combined length and girth is length plus twice the height plus twice the width)
iv. Filing a reimbursement request. Reimbursement requests may be filed by going to the Security Center of the OMEN® website and clicking on the “Request Guarantee Reimbursement ” link. If the buyer has received the good, online reimbursement requests must be supplemented by return of the merchandise to OMEN® along with a written reimbursement request as described below, which must be received by OMEN® no more than 10 calendar days after the date that the online reimbursement request was filed. If the buyer has not received the good, reimbursement requests will be processed entirely online. If the Money Back Guarantee was purchased, any disputes of the transaction must be filed as a Guarantee reimbursement request rather than a Buyer Complaint (the Money Back Guarantee terms will apply rather than those of the Buyer Complaint Policy).
All written reimbursement requests must be shipped using a delivery service that provides online package tracking. The buyer will bear all costs of shipping the reimbursement request and/or merchandise to OMEN®, regardless of the eventual decision OMEN® makes on the request. OMEN® is not responsible for any reimbursement requests that are lost/damaged by the shipping company.
Failure to provide all necessary reimbursement request materials may result in denial of the reimbursement.
All reimbursement requests must include the following information:
1. A completed online request form
2. A signed and completed reimbursement request form with the Transaction ID, the auction item number (if applicable), and a written description of the reason for the request.
3. A printout of the website page, auction listing, email, and/or invoice on which the item and price were listed. If this printout does not also include the tax and shipping terms (if applicable), you must provide a printout of that documentation as well.
4. Printouts and/or written descriptions of any and all correspondence that has occurred between the buyer and seller.
5. The merchandise with all of its original packaging and labeling, including the postmark and buyer’s and seller’s addresses
v. Payment of Reimbursement Requests
If OMEN® accepts the request, payment will either be returned to the credit card from which the original payment was sent (if possible), or to the buyer’s OMEN® account balance. OMEN® reserves the right to grant full or partial payment of reimbursement requests even in cases where the buyer’s reimbursement request or merchandise is incomplete or otherwise does not obligate OMEN® to make a reimbursement payment.
If a buyer has previously been awarded funds from a chargeback of a transaction covered by the Money Back Guarantee, the Money Back Guarantee program will not reimburse the buyer. In addition, if a buyer receives a Money Back Guarantee reimbursement from OMEN®, any ensuing chargeback awards may be reduced by the amount of the Guarantee reimbursement.
vi. Additional terms.
1. Fraud. Under no circumstances will OMEN® reimburse requests in the event of fraud or misrepresentation by the buyer. In addition, fees will not be refundable in cases of fraud.
2. Exercise of judgment. Buyers are expected to exercise due diligence and prudent judgment to avoid or reduce any damage to the covered property. No person or entity other than the buyer shall have any legal or equitable right, remedy, or claim for reimbursement under or arising out of this Guarantee.
3. Shipment of goods to OMEN®. OMEN® will request that buyers bear the cost of shipment of the good(s) in question to its Guarantee processing center. Merchandise must be shipped using an online trackable shipping service. By paying a Guarantee reimbursement request, OMEN® will assume ownership of the good(s).
4. Transfer of rights. By filing a reimbursement request, the buyer transfers to OMEN® the right to receive the good in the event the buyer has not yet received it from the seller. After a reimbursement request is paid, the buyer transfers to OMEN® all rights and remedies against any party with respect to the merchandise. In addition to transferring these rights, the buyer must provide OMEN® with any assistance necessary to secure his or her rights and remedies and must do nothing that would jeopardize securing those rights and remedies.
No rights provided under OMEN®’s Money Back Guarantee may be transferred without the prior written consent of OMEN®, Inc.
5. All decisions are final. All reimbursement request decisions made by OMEN® are final and cannot be appealed by either the buyer or seller.
6. Seller responsibilities for Non-Receipt of Goods reimbursement requests. If a buyer has purchased a Money Back Guarantee and submits a reimbursement request that indicates non-receipt of goods, and if the seller does not provide a tracking number or proof of refund to OMEN® within 7 days after the buyer files a reimbursement request, OMEN® may (1) refund the buyer out of the seller’s account or (2) reimburse the buyer and then recover the funds from the seller. If the seller does not have sufficient funds in his or her OMEN® balance in the currency of the original transaction, OMEN® may limit the seller’s access to his or her account until the seller authorizes OMEN® to use funds from their balance, bank account, and/or credit card to recoup the amount paid to the buyer. If the reimbursement request is complete and accurate, OMEN® is still required to reimburse the buyer for the amount of the transaction minus the Guarantee fee, even if the seller does not have sufficient funds in their balance.
7. Credit Card Transactions: The Buyer Protection Policy does not replace or reduce any other consumer rights Users may have, including reversal rights that may be granted by a User’s credit card issuer. OMEN® is the merchant of record with respect to all credit card transactions through the OMEN® service to purchase goods or services. As such, we afford customers the rights and privileges expected of a credit card transaction. You acknowledge that OMEN® does not control the outcome of any reversal decision initiated through a User’s credit card issuer.
OMEN® encourages all buyer purchase disputes to be filed and resolved through the OMEN® dispute resolution process, and reserves the right to terminate or limit account access privileges of buyers who file reversal complaints without attempting to resolve the complaints through OMEN®. If a reversal claim is initiated, whether as a result of a dispute or for any other reason, the parties agree to provide to any requesting party on a timely basis any and all necessary documentation to resolve any reversal or dispute. OMEN® DOES NOT act as the agent of either party in any transaction or resulting dispute, though OMEN® does control the outcome of disputes initiated through the Service’s dispute resolution process.
If you receive funds through a OMEN® transaction funded with the sender’s credit card, in the event the credit card transaction is charged back and you do not qualify for the Seller Protection Policy, you agree to hold OMEN® harmless for the reversal amount and to reimburse OMEN® from either your OMEN® account or by other means.
The terms below apply specifically to the use of Premier and Business Accounts through the Service and any related products and services (collectively, the “Premier/Business Service”).
In the event that your sales volume or other criteria qualify you for commercial entity status as defined by card associations’ Operating Rules, additional terms will apply to your Premier or Business Account. Commercial entities will be contacted by OMEN® and will be required to provide additional information and to accept the terms of the Card Processing Agreement.
1. Account Information. You understand that as part of the legal arrangements and agreements in place between Wells Fargo Bank, N.A., our acquiring bank, Wells Fargo Merchant Services, LLC and the MasterCard and VISA credit card associations, that we may, as required, disclose Card-related account profile and purchase behavior information to these organizations for the purpose of eliminating fraud and illicit behavior. In addition to the terms listed above, you further agree that OMEN® may access and disclose information about you or your use of the Premier/Business Service when OMEN® deems such action necessary or appropriate to comply with the law or legal process, to protect OMEN®’s systems and customers, or to ensure the integrity and operation of OMEN®’s business and systems. Unless otherwise prohibited by law, such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), transaction information, IP address and traffic information, and usage history.
2. Contact and Refund Information. Each user of the Business Service will be required to input its customer service contact information into the Business Account application upon registration. You agree to clearly identify your customer service contact information, including but not limited to your business name, address, telephone number, fax number and e-mail address. You further agree to update such information to keep it true, accurate, current, and complete. You agree to clearly disclose your refund policies on your website.
3. Taxes. Each user of the Business Service is required to provide its Taxpayer Identification Number (TIN) upon request. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and to collect, report and remit the correct tax to the appropriate tax authority. OMEN® is not obligated to determine whether taxes apply, and is not responsible to collect, report, or remit any taxes arising from any transaction.
4. Account Use. By accepting the terms as outlined in this Agreement and using your Premier or Business Account, you attest that you hold all the necessary licenses to engage in the advertising and sale of the goods and services offered for sale or use through your Premier or Business Account, and that you do not provide unlawful or illicit products or services. You will not use the Business Service, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. If OMEN® or Wells Fargo has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Premier/Business Service, the website or any related services, your access to the Service may be suspended or terminated. You will cooperate fully with OMEN® or Wells Fargo to investigate any suspected unlawful, fraudulent or improper activity.
5. Fees. OMEN®’s current Fee Schedule for using the Premier/Business Service is posted on the website. Fees are quoted in the currency in which they will be assessed. Users are responsible for paying all fees associated with the use of their Premier or Business Accounts and the Premier/Business Service.
6. Reserve Account in Case of Closure. If you or OMEN® close your account, OMEN® may retain a portion of any funds it holds in custody for you, based on your transaction history, as a reserve to the extent reasonable to protect OMEN® against the risk of future reversals of transactions occurring prior to such closure. OMEN® will pay you the balance of any such reserve 180 days after closure.
When you receive funds through OMEN®, if the sender’s transaction is reversed because of a credit card reversal and you do not qualify for the Seller Protection Policy for that transaction, you will owe OMEN® for the amount of the reversed transaction plus any fees imposed on OMEN® as a result of the reversal. You agree to reimburse OMEN® from either your OMEN® account or by other means as described in Section IV.2 under “Receipt of Payments.” Furthermore, if you open a Premier or Business Account after October 9, 2009, you authorize OMEN® to debit your bank account linked to that OMEN® account for the amount that you owe OMEN® on transactions which were not covered by the Seller Protection Policy and which were not recoverable from your OMEN® balance.
7. Permission Levels:
i. Eligibility: All Business Accounts are eligible for the permission levels feature. Premier accounts are not eligible.
1. Primary Login: the individual who set up the OMEN® business account. The Permission Levels feature enables the Primary Login to assign users various access rights to the account. The Primary Login is also referred to as the System Administrator.
2. Secondary Logins: a Secondary Login is a unique individual who has specific access to a OMEN® business account, as determined by the Primary Login.
iii. Abilities and Obligations of Primary Login:
1. The Primary Login is the only member on the account capable of setting up Secondary Logins with their specific access privileges.
2. The Primary Login determines which individuals within his or her company or organization have particular access privileges to the company or organization’s OMEN® Business Account.
a. The access privileges the Primary Login can choose for each login may include the ability to send money, the ability to make mass payments, the ability to request money, the ability to add or withdraw funds, the ability to cancel payments, the ability to view balances and/or profiles; and/or the ability to edit the profile. The access privileges available to Secondary Logins on behalf of Primary Logins may not include all access privileges available to the Primary Login, such as Email, Account Closure, Auto Sweep and Debit Card. The availability of privileges is subject to change at any time by OMEN®.
b. The access level granted determines which actions the Secondary Login can successfully complete. If the Secondary Login does not have any access privileges selected, the default access is read-only.
3. The Primary Login is the only user on who can see all the usernames on the account and the accesses, if any, granted to each user.
4. The Primary Login has the affirmative obligation to monitor the OMEN® Business Account for any unusual activity and to take the necessary action to prevent problems. These affirmative obligations include the obligation to remove usernames of Other Logins and/or to change the access privileges of Other Logins.
5. The Primary Login may recover their password using OMEN®’s normal password recovery procedures.
a. Recovering or resetting passwords for a Secondary Login is the responsibility of the Primary Login. The Primary Login will reset the password in the following circumstances, but not limited to:
i. Secondary Login forgets password.
ii. Secondary Login locks access to his/her login because of consecutive failed log in attempts.
iv. Abilities and Obligations of Secondary Logins
1. Secondary Logins must access the Business Account using the username and password generated by the Primary Login.
2. If a Secondary Login attempts to conduct a transaction not authorized by the Primary Login, he or she will receive an error message indicating that he or she is not authorized to conduct the transaction.
v. Limitation on Liability: Because the Permission Levels Feature allows more than one user access to a OMEN® Business Account, certain risks may be created. You will work diligently to avoid these risks. Under no circumstances shall OMEN® be liable to you or to any other person for any indirect, incidental, consequential or punitive damages arising out of or relating to your use of this feature, nor shall OMEN® be liable for any unauthorized usage or other damage caused by the Secondary Logins or as a consequence of multiple access to the OMEN® Business Account. The Primary Login agrees to indemnify and hold OMEN® harmless for any harm that may result from multiple access to his or her account. The Primary Login holds the sole responsibility of determining the type of access to give each Secondary Login, and the sole responsibility to monitor activities occurring in the OMEN® account. If any changes to a login’s access are needed it is the responsibility of the Primary Login to increase or decrease the access privileges. If any unauthorized activity takes place because of access granted to a Secondary Login, the Primary Login is responsible for the charges and/or losses. By accepting this User Agreement and using the Permission Levels Feature, YOU AFFIRMATIVELY AGREE TO HOLD OMEN® HARMLESS FROM ANY LOSSES OR OTHER DAMAGE WHATSOEVER INCURRED AS A DIRECT OR INDIRECT CONSEQUENCE OF ACCESS TO YOUR ACCOUNT BY OTHER LOGINS AND YOU AGREE TO INDEMNIFY OMEN® FOR ANY HARM THAT ARISES AS A DIRECT OR INDIRECT CONSEQUENCE OF YOUR USAGE OF THIS FEATURE.
IX. Additional User Agreement for OMEN® Shops
The terms below apply specifically to use of the OMEN® Shops feature, which enables Users to display information about their website to other Users through the www.odegardmedia.com website.
1. Accuracy of website registration information. All information you provide at the time of OMEN® Shops registration must be truthful, including the website’s title, description, category, and all other requested information. If any change occurs in your OMEN® Shops registration information, you must promptly update the information through the OMEN® website. Failure to comply will result in the removal of any mention of your website from the OMEN® website, and may result in permanent ineligibility from registering a website with OMEN®. Provision of deceptive information may result in the locking or closing of your OMEN® account. You grant OMEN® the right to access your site through manual observation or automated “spidering” or other automated search techniques in order to confirm the accuracy of your registration information. OMEN® is under no obligation to monitor the accuracy of your site.
i. Domestic Users. Domestic Users who meet the following conditions are eligible to register a website in OMEN® Shops:
1. The User has a Verified Premier or Business
2. The User maintains a registered credit card with their OMEN® account.
3. The User has opened a OMEN® Money Market Fund account.
If at any time the owner of a registered Shop no longer meets one or more of the requirements listed above that website will cease to be listed in the OMEN® Shops directory.
ii. Non-U.S. Users.Non-U.S. Users who meet the following conditions are eligible to register a website in OMEN® Shops:
1. The User has a Non-U.S. Verified Premier or Business Account.
2. The User has been in the OMEN® system for no less than 60 days.
3. The User has a Seller Reputation Number of at least 10.
If at any time the owner of a registered Shop no longer meets one or more of the requirements listed above, that website will cease to be registered with OMEN® and listed in the OMEN® Shops directory.
iii. Website must accept OMEN® payments. This website must accept OMEN® payments. If an investigation of your website shows that it does not accept OMEN® payments, it may be removed from the OMEN® Shops Directory. You may re-register your website for OMEN® Shops when it accepts OMEN® payments.
iv. Other. By registering for OMEN® Shops, you grant OMEN® the right to run a credit check on you or your business at any time. OMEN® reserves the right to remove the listing of any website from the OMEN® Shops directory at any time, for any reason.
4. No Endorsement. OMEN®’s presentation of website registration information is not an endorsement of the website or of any goods or services offered on the website. Any attempt to state or imply OMEN®’s endorsement of your goods or services constitutes grounds for immediate termination of your participation in OMEN® Shops.
5. No Illegal Websites or Websites which violate the OMEN® Shops Allowable Goods and Services Guidebook. You may not register a website that promotes or facilitates illegal actions, including but not limited to the sale of goods or services that infringe on the intellectual property of a third party. You also may not register a website that violates the rules outlined in the OMEN® Shops Allowable Goods and Services Guidebook. Any such registration constitutes ground for immediate termination of your participation in OMEN® Shops and immediate closure of your OMEN® account. All such actions may also violate your Wells Fargo requirements and/or MasterCard/VISA regulations or policy and as such constitute grounds for termination of your card accounts with these organizations. Such termination may result in you being prohibited against registering a new account with any MasterCard or VISA acquiring Bank.
6. Shopping at Websites Registered with OMEN®. Website registration information is provided by the owner of the website, and OMEN® is not responsible for any errors or misrepresentations in such information. OMEN® specifically disclaims all warranties with respect to website registration information, including but not limited to the warranty of merchantability and the warranty of accuracy of informational content. OMEN® does not guarantee any level of security in shopping at third-party websites registered with OMEN®, nor does OMEN® guarantee the quality of goods or services offered on these websites. For more information on security in Web shopping, please visit our Security Tips page.
7. Fees. Placement in OMEN® Shops is currently free. Fees may be introduced in the future, but no changes will be made without first notifying you.
X. OMEN® MasterCard Debit Card User Agreement
1. Eligibility. At this time, the OMEN® MasterCard Debit Card (the “Debit Card” or the “Card”) is offered to U.S. and, in limited circumstances, select Non-U.S. OMEN® users only. Users that are offered a debit card will need to complete the following application requirements, if they have not already done so:
1. Have been a OMEN® member for at least 60 days
2. Have registered a credit card where the monthly statement is sent to a physical street address (not a P.O. Box). OMEN® will only mail the Debit Card to this address; periodic statements and transaction information will be available on the OMEN® website and not by mail.
3. Have linked a bank account to their OMEN® account and verified control of the bank account
4. Have opened or upgraded to a Premier or Business account
5. Upon review by our Account Review department are deemed as being an active member in good standing within the OMEN® community.
2. Obtaining and activating your Debit Card.
1. OMEN® retains the sole discretion to accept or reject any application for a Debit Card. If your application is accepted, it will take between 2-4 weeks to process your request and mail the Debit Card to your address. For security reasons, we will only send the card to your Primary credit card billing address.
2. Once you receive your card in the mail, you can activate your card by logging into www.OMEN®.com and following the instructions at the “Activate Debit Card” link on the Account Overview page, including selection of a Personal Identification Number (PIN).
3. Using your Debit Card
1. Using your card at an ATM. You may use your Debit Card at any ATMs which are a part of the MasterCard/Maestro/Cirrus ATM network. ATM withdrawals are available up to the daily authorization limits disclosed in Section 5 below, provided the available balance in your OMEN® Account (including your Money Market Fund) is greater than or equal to the amount requested. You may use your Debit Card at such an ATM to perform the following types of transactions:
1. Withdraw funds from your OMEN® Account. If you maintain balances in your account in currencies other than U.S. Dollars, you may only use your OMEN® MasterCard Debit Card to withdraw from your U.S. Dollar balance.
2. Find out your OMEN® Account balances
Note: A specific ATM terminal may not perform or permit all the above transactions. Each Debit Card may only be linked to a single OMEN® account. To withdraw funds from your OMEN® account, choose “Checking Account” when given the option at an ATM.
2. Using your card to pay for purchases. You may use your Card to purchase goods and services from merchants that accept MasterCard, up to the available balance in your OMEN® Account, and subject to the transaction limits specified in Section 5 below. Purchases made with your Card will be charged against your OMEN® Account balance. If you maintain balances in your account in currencies other than U.S. Dollars, you may only use your OMEN® MasterCard Debit Card to charge purchases against your U.S. Dollar balance.
4. Fees and Rebates
1. Using your card at an ATM. OMEN® charges a $1.00 USD ATM fee when you withdraw funds. In addition, ATM transactions may be subject to a surcharge assessed by the terminal owner. OMEN® has no control over these surcharge fees.
2. Using your card to pay for purchases. There is no fee to use your card to make purchases at merchants that accept MasterCard. In addition, if you join our OMEN® Preferred Rewards Program, you will earn money back on qualifying debit card purchases. See the section below for details.
3. OMEN® Preferred Rewards / cash back
i. Purchases that qualify: The OMEN® Preferred Rewards program provides cash back for all OMEN® MasterCard Debit Card purchases that do not require a PIN. Most transactions do not involve a PIN, such as restaurant bills or paying online.
Many merchants that do ask for a PIN (e.g. at gas stations or grocery stores) offer you the option of choosing ‘Credit’ or ‘Debit’ when making a transaction. To qualify for the cash back, you must choose ‘Credit’. Even though you choose ‘Credit,’ the transaction will be processed as a debit to your OMEN® balance, not as a loan of any kind.
ii. Eligibility. To be eligible for OMEN® Preferred Rewards, you must complete the following requirements:
1. Obtain and activate a OMEN® MasterCard Debit Card.
2. Sell on eBay at the rate of at least one auction every three (3) weeks and confirm your eBay information with OMEN®.
3. Show OMEN® in all of your eBay auction listings as the only online payment option that you advertise.
iii. Promotion Period: OMEN® reserves the right to change the OMEN® Preferred Rewards program. OMEN® will announce any changes to the program 4 weeks in advance in the Policy Updates section of the Account Overview page.
5. Other Terms and Conditions
Daily ATM Withdrawal and Spending Limits For your protection, your Card transactions will be subject to daily limits of $400.00 USD for ATM withdrawals and cash like withdrawals (e.g. advances and money transfers) / $3,000.00 USD for purchases. Also note that for your security, all debit cards are subject to a 15 transaction per day limit.
If you reach your daily limit, for fraud prevention purposes, you may not be able to complete additional transactions on that day and the following day. This restriction should be lifted within a day.
Benefits of a OMEN® / MasterCard Premier BusinessCard. Both Premier and Business Accounts will be eligible for a OMEN® / MasterCard Premier BusinessCard. This card has additional features and benefits that are entirely free to the cardholder and are not available on standard consumer cards.
Expiration. Unless otherwise stated on your Card and in your Card activation materials, the Card will expire 2 years from the month it was issued.
Foreign Transactions. If you use your Card to obtain money or to purchase goods or services in another country, the amount of the charge in foreign currency will be converted to a U.S. dollar amount by the MasterCard network, and may be assessed up to a 1% foreign exchange fee from OMEN®. In making this conversion, the network will use the procedures set forth in its operating regulations. Conversion to U.S. dollars may occur on a date other than the date of the transaction; therefore, the currency conversion rate may be different from the conversion rate in effect on the transaction date. You acknowledge that OMEN® does not determine, in full, the currency conversion rate that is used.
Preauthorization Holds. When you use your Card at a point of sale location or when you use the MasterCard or other network enhancement feature of the Card to obtain goods or services or to obtain money from a merchant, the merchant may attempt to obtain preauthorization from us for the transaction. If the merchant makes such a request, we place a ten-calendar day hold on your OMEN® account for the amount of the preauthorization request (which may vary in some cases from the amount of the actual purchase, depending on the merchant) If the preauthorization request varies from the amount of the actual transaction, payment of the transaction may not remove the hold, which will remain on the account until the 10th calendar day after the request (money is returned to the account on the 11th day). This hold may affect the availability of funds from your OMEN® Account to pay for transactions. We will not be responsible for any damages if any transactions are not completed because of the hold.
Your Right To Receive Documentation Or Notice Of Transactions. TELL US AT ONCE if you believe your Card or any other Access Device has been lost or stolen or if you think your PIN or Password is no longer secure or confidential. Please log in into www.odegardmedia.com and report your card as Lost / Stolen in the “Profile” section. Reporting the card Lost / Stolen on the site is the best and fastest way of keeping your possible losses down.
If you tell us within two days after you learn of the loss or theft, you are covered on MasterCard’s Zero Liability policy if someone used your Card or other Access Device without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card or other Access Device, and we can prove we could have stopped the unauthorized transactions if you had told us, you could lose as much as $500.00 USD. Also if your on-line statement shows transactions that you did not authorize, TELL US AT ONCE. If you do not tell us within 60 days after the Periodic Notice is transmitted to you, you may not get back any money you lost after the 60 days if we can prove that we could have prevented the transactions if you had told us in time. A transfer is not considered unauthorized, and you will be fully liable, if you have given a person your Personal Identification Number (PIN) or debit card.
If a good reason (such as a long trip or a hospital stay) kept you from telling us about unauthorized transactions, let us know and we will extend the time periods if and as appropriate. You may also have additional rights under the MasterCard Zero Liability program.
To protect yourself from losses, you should not reveal your Password, PIN, or any other Access Device to any person not authorized by you to use your OMEN® account; not write your PIN or Password on your Card or on any item kept with your Access Devices; and not leave a computer terminal unattended after you have logged in using your Password or other Access Device.
Personal Identification Number/Your Electronic Signature. Your personal identification number (PIN) is a security code, which has been designed to protect your transaction account against unauthorized use. The PIN provides enhanced security for your account and must be used when making transactions to your account. It is your electronic signature. Since the PIN is for security purposes, you should memorize it and it should not be disclosed to anyone. You can change your PIN at any time, and a temporary hold can be placed on your account if the PIN has been compromised or if your card is lost or stolen. Maintaining the security of your PIN and card is your responsibility.
Ownership Changes If you authorize a name change on your account (limited to a change due to either a divorce, marriage or birth certificate change), it will be your responsibility to destroy your old OMEN® Debit Card, as well as obtaining a new Personal Identification Number (PIN), or you may be liable for any losses which may occur.
If you are a business account holder with a business name on your debit card, you must contact us to update your account information with your personal name, so that a card can be reissued in your personal name. Otherwise, you may be less protected by our purchase protection policies.
Termination. We may terminate debit card services, in whole or in part, without advance notice, due to your default, account downgrade, our decision to terminate our debit card business, or as a security precaution. If you or we cancel this Debit Card Agreement you must surrender or destroy your Card or any other Access Device issued to you. Depending on the circumstances, we will attempt to give you prior notice, but this may not be possible in all cases.
What We’ll Ask You
If you initially provide this information to us via the telephone, we may require that you send your complaint or question in writing within 10 business days. Please complete the affidavit form and mail it to OMEN®, Attn: OMEN® Debit Card Department, P.O. Box 45342, Omaha, NE 68145-0950, United States. We will advise you of the results of our investigation within 10 business days after we hear from you (20 business days for transactions at a point of sale terminal or outside the United States) and if we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question (90 days for transactions at a point of sale terminal or outside the United States). If we decide to do this, we will provisionally re-credit your Account within 10 days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 business days, we may not provisionally re-credit your Account.
At the end of our investigation, we will advise you of the results within three (3) business days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit, any fees, and/or interest provisionally credited in relation to the alleged error. You may ask for copies of the documents that we used in our investigation.
Our Liability For Failure To Complete Transactions. If we do not complete a Card transaction on time or in the correct amount, according to our agreement with you, we will be liable for your losses or damages proximately caused by this failure. However, there are some exceptions. For instance, we will not be liable if:
1. Through no fault of ours, you do not have enough available funds in your OMEN® Account to make the transaction.
2. The automated teller or money dispensing machine does not have enough money.
3. Any terminal or system was not working properly and you knew about the breakdown when you started the transaction.
4. Circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
v. In order to process and complete your transactions, including verifying the authenticity of the transaction;
vi. In order to comply with government agency or court orders, including proper requests from law enforcement agencies, or to conduct investigations of fraud or violations of our User Agreement; or
vii. If you give us your written permission.
What Constitutes a Business Day. OMEN®’s business days are Monday through Friday. Saturday, Sunday, and Holidays are not considered business days.
Non-U.S. and U.S. Territory Availability: The OMEN® Debit Card is available only to U.S. members with an address in the 50 states, and select Canadian users. Over the course of 2002, OMEN® intends to make cards available to select users residing outside the U.S. or in U.S. territories.
Retrieval Requests: Upon written request, copies of documentary evidence of transactions on your OMEN® Debit card account are available for income tax and other purposes at a cost of $10.00 USD per item. As long as the computer you use to access your OMEN® account is connected to a functioning printer, you can always print out your transaction history, or the details of a specific transaction, without any additional charge. We will not charge you for documentation obtained in connection with a good faith assertion of error in connection with your OMEN® Debit card.
“Virtual” MasterCard Debit Card Number: If you are a Verified U.S. account holder with a confirmed bank account, a registered Credit Card and money in your account, you have the option to redeem your funds by making an online purchase at any major internet retailer (e.g. Amazon.com). The Shop Anywhere / OMEN® Debit Bar feature allows you to spend your OMEN® balance at online stores. You will be issued a 16-digit “virtual” MasterCard debit card number and an expiration date, which together can be used to access the balance of your OMEN® account at online merchants that accept MasterCard. For your security, the spending limit on the virtual debit card is $150.00 USD per day.
The 16-digit Virtual Debit Card is different from a plastic (i.e., “real”) OMEN® MasterCard Debit Card (See Section 1 above). The OMEN® ATM / Debit Card will bear a different 16-digit account number and expiration date and will allow you to use your OMEN® balance for payment in offline transactions, as well as ATM withdrawals.
Additional Agreement for users requesting a second Debit Cards attached to account. OMEN® provides that current debit card holders who continue to meet the original debit card requirements (see section 1) may request a second debit card (i.e. for a spouse). The primary cardholder warrants and agrees that he or she will be liable for all charges incurred by the secondary cardholder to the same extent and as if they were charges made by the primary cardholder. Because the OMEN® account belongs to the primary debit cardholder, OMEN® customer service will not share any account information with the secondary card holder. The secondary cardholder can, however, report his or her card Lost or Stolen at any time to our customer service department. Finally, please be aware that each OMEN® account has a single daily debit card spending limit of $3,000.00 USD and a single daily ATM limit of $400.00 USD. These limits will be shared between both cards (that is, daily limits will not increase if a second card is requested).
Policy Terms Updated: February 8th, 2010