OKTO.DIRECT Consumer Terms & Conditions

CONSUMER TERMS AND CONDITIONS

 

1. Why you should read these terms and conditions

This Agreement sets out the Terms and conditions for the Consumer OKTO DIRECT and the related provision of Services. It is a contract that is entered into between OKTOPAY LIMITED (“we”, “us”), and you (the “End User”).

These terms and conditions are valid and bound for both parties for  the service relation during the use of OKTO Direct App.

Please read this Agreement carefully prior to accepting it and before you start using our services. The Agreement and the relevant documents provide information about who we are, how we provide the Services to you, how this Agreement can be terminated, what to do if there is an issue related to the Services and other important information.

If you do not accept these Terms and Conditions, you must refrain from using the OKTO Direct App.

For any further assistance, please contact us at support@oktopayments.com.

In addition to this agreement, you also need to read and understand the following documents:

 

This Agreement is concluded in English language and all communications between you and us shall be in English only. We may also elect to use an alternative language to effectively communicate with you. Use of such alternative language for localization purposes should not be deemed as official for contractual purposes, unless otherwise provided in the applicable legislation. For contract purposes the official language is English and where any discrepancy exists between the English and the alternative language version, the English version will supersede.

By accepting this Agreement, you agree that we will contact you by phone, either by call or sms on the mobile phone number you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us. We may also provide notices or other information to you from time to time through our Website. Notices sent by email or made through OKTO Direct App during the use of the services shall be deemed to have been received 24 hours following the email’s dispatch or 24 hours following the notification sent via a pop up window on the OKTO Direct App upon use of the Services by the End User .

 

2. Glossary

“Agreement” are the terms and conditions included in this agreement, including all subsequent amendments and any additional documentation that accompanies it and to which you should adhere to.

“App”  or “OKTO DIRECT APP” means the web-based application developed by OKTOPAY on the OKTO Platform which the End User can utilize upon request after scanning the QR Code on the Gaming Machine that wishes to use with the camera of their mobile device and solely for the purpose of acquisition of gaming services offered by / through the Locations after having accepted the terms and conditions of the OKTO DIRECT APP available through the OKTO DIRECT APP.

“Business Day” means Monday to Friday from 9:00 – 17:00 Easter European Time – UTC+2, excluding bank and public holidays in the Territory, in the Republic of Cyprus.

“Connected Gaming Machines”: means the Gaming Machines within the Locations in the Territory which are connected with the OKTO Platform and on which QR Code branded under Okto’s logo is placed by Gaming Machine Operator.

“Consumer” means any natural person who enters into this Agreement acting for purposes other than a trade, business or profession.

“Deposit”: The maximum permitted amount deposit is set pursuant to OKTO’s AML policies at £50 per deposit transaction.

“Gaming Machines Operators” are licensed gaming machine operators offering gaming services in pubs and/or in retail gaming outlets (including AGCs).

“Locations” means (a) pubs within the Territory, operated by Merchants; and (b) the retail gaming outlets (including AGCs), operated by Merchants, and where the Gaming Machine Operators make available Gaming Machines for such third party Merchants, for the purpose of lawfully providing gaming services to End User(s).

“Merchant” or “Seller” means the retail or hospitality sector businesses which operate Locations, or groups of Locations, and to whom Gaming Machines’ Operators supply Gaming Machines on which payments via OKTO Direct APP are performed.

“OKTO Platform”: means the payments system developed and operated by Oktopay, including the underlying software and services that supports it including the functionality of the OKTO DIRECT APP and the OKTO Merchant APP, the integration with any Third Party Service Providers Platform and Connected Gaming Machines, as described by virtue of the terms of this Agreement.

“OKTO Platform Services”: means all the services provided by Oktopay in relation to the OKTO Platform, for the provision of the OKTO Services to PARTNER and End Users, including the technical support of the above.

“QR Code”: means the two-dimensional matrix barcode branded under Oktopay’s brand placed on the Connected Gaming Machines by Gaming Machines Operator, which shall enable a Connected Gaming Machine to connect to the OKTO Platform and the End User to connect to the Okto Direct APP so as to facilitate the transfer of funds on the Connected Gaming Machine in order to place a wager.

“Services” means the Deposit of funds (stake monies) to and/or withdrawal of winnings from a Connected Gaming Machine at request of End User with the use of OKTO DIRECT APP using either their debit or prepaid card (but not a credit card) or directly from their bank account.

“Terms and conditions” see Agreement.

“Territory”: means the United Kingdom.

“Third party” means any other natural or legal person other than the parties under this agreement.

“Transaction” is an action by you which results to, at your request via the use of OKTO DIRECT APP, the transfer or withdrawal of funds on the Connected Gaming Machine using either your debit card or your bank account in order to place a wager on the games of chance offered by the Gaming Machine Operator via the Connected Gaming Machines.

“User” means  a natural person over 18 years old who is using the Services.

“Website” means the website www.oktopayments.com.

“Writing” means in written form including email.

 

3. Who we are

OKTOPAY LIMITED is a company incorporated and registered under the laws of Cyprus, with registration number HE400907, and with its registered office at 16, John Kennedy Ave, 2nd Floor, NIVIAN COURT, 1087, Nicosia, Cyprus, which acts as a technology provider specialized in payment processing, safe and secure electronic transactions and innovative digital payment solutions and applications, across multiple industries, including gaming, in compliance with all the applicable regulatory frameworks and has designed the OKTO Platform to cater for a wide range of digital payment processing services providing these in the gaming market.  OKTO is a registered trademark and a brand under which the Services are offered by OKTOPAY.

We operate and provide services on Business Days.

This Agreement will be provided at you, at all times on the Website. These terms and conditions may also be sent to you or appear in places on the Website, OKTO Direct App or otherwise where relevant to your use of the Services. You can ask for a copy of  these terms and conditions through the Website at any time or you can contact us at support@oktopayments.com.

 

4. Who can use the Services?

You can agree to this Agreement and use the Services  if you are 18 years of age and over, resident in the Territory and you have the full capacity to enter a contract. We may ask you at any time to provide us with a proof of your age.

 

5. What is the Services?

OKTO DIRECT service is an alternative means via a free web application provided for deposit (stake monies) on Connected Gaming Machines in the Locations as well as withdrawal of funds (unused stake monies/winnings ) from a Connected Gaming Machine at your request. The said deposit and withdrawal executed to and from you may be effected only via debit/prepaid card and/or bank account and these funds may only be used in order for End Users to wager at the games of chance offered by the Gaming Machines’ Operators via the Connected Gaming Machines and therefore cannot be used for any other purpose or in any other industry.

You will need to scan a QR Code, via your mobile phone camera on the screen of the Connected Gaming Machine at the Location that you visit and you will access the OKTO Direct App to fill in the required fields.  You will need to accept the present Terms and Conditions whereas prior to being able to deposit funds via your debit/prepaid card or bank account you will be requested to provide your Name, Surname, date of birth and a mobile phone number to which you are the legitimate holder (validated as below provided via a one-time password (OTP) and register using a strong password. To confirm it is you, you will receive a message on the mobile phone number you have filled in with a OTP which you will be asked to enter in the respective screen of the OKTO Direct App.

You have the right to make only one registration and we have the right to deny your subscription upon any suspicion you are already registered with  the Okto Direct APP.

After you have filled in your details you will be requested via a tick box on a pop-up window whether this information shall be remembered by OKTO Direct App for future uses.

The maximum permitted amount deposit is at £50 per deposit transaction. Related limits may alter from time to time. Any kind of related amendment shall be posted on our site and included in our T&Cs and will be notified to you upon your next transaction.

All activities carried out are deemed as activities carried out by you and you represent and warrant that all information provided is accurate and that the respective means of payment belong exclusively to you. We reserve our right to deny your access to the web app for any reason as well as to request additional information on your identity at any time, during or following any transaction you proceed to.

Our Services as well as any new features added from time to time are displayed on our Website. It is your responsibility to check regularly the Website where the updated features and services are displayed.

If you want to know more information about how we use your personal data, please see the OKTO Privacy Policy.

 

6. Depositing funds (stake monies) to the Connected Gaming Machine

Each time you want to deposit funds in view of acquiring stake monies to wager in a Connected Gaming Machine in a Location, you must scan the QR Code and then select the funding source of your preference. You can use a debit or prepaid card that you will register with us. The debit or prepaid card you will use to deposit funds must be in your name. You can also deposit funds via OKTO Direct APP to wager by making a bank transfer.

When you deposit funds you will be able to wager the equivalent sum in the Connected Gaming Machine.

All debit and prepaid card holders are subject to validation checks and authorization by the card issuer. We are not responsible if the issuer of your payment card refuses to authorise the deposit of funds. In this case, no money will be deposited to wager. You accept that the credit institution (or intermediary involved in the process) may reverse any part of the funds, for any reason;

Your money deposited will always be used for participating in the games of chance provided by the Connected Gaming Machine. Kindly note that you should always keep your funding information (i.e., debit card number and expiration date) up to date.

We may limit the limit funds to be deposited, or at our reasonable discretion (for example, without limitation, in order to limit any possible fraud or credit risk). In no event will such limits exceed the maximum allowable limits set by the applicable legislation including mainly the anti-money laundering legislation.

We impose limits on the amount you want to deposit for legal and security reasons in accordance with the applicable laws and regulations, to which you agree to be bound.

 

7. Withdrawal of unused monies and/ or winnings

You can withdraw unused monies and/or winnings via OKTO Direct APP by transferring the relevant funds directly to a bank account in your name or to your debit/ prepaid card that you specify. Note that, if you send the money to your debit or prepaid card and you want to withdraw in cash, the payment service provider might charge you a fee.

We have no control over the Gaming Machines and related wagering effected via the OKTO Direct APP, as we only act as independent intermediaries. The lack of control denotes that we cannot confirm the legality and do not assume the responsibility and potential liability stemming from the legality of the Gaming Services provided to you via the Connected Gaming Machine in the Location.

 

8. Exchange rates

There is no offer for a currency conversion at this time. No exchange rates apply.

 

9. Fees

There are no fees applicable for the use of OKTO Direct APP.

 

10. Cancelling a payment

You may not cancel or revoke a payment instruction that has already been received by us, nor can you withdraw your consent to execute a transaction.

 

11. If a withdrawal of winnings was executed to the wrong account, wasn’t sent at all or was delayed

We try to process your payments correctly and timely, but sometimes things go wrong, and a payment might be delayed, be of incorrect amount or not received we will not though be responsible if we have processed the payment correctly, but you gave us the wrong details. If the payment was not received or delayed to your withdrawal methods, as defined under Section 7, let us know by sending an email to support@oktopayments.com.

If the money was not received by you via your withdrawal method and the reason was our mistake  then  we will refund the payment back into your bank account  including any charges paid as a result of our mistake.

OKTO with will try to communicate with you using the communication data that you have shared with us if any funds are pending. If after the lapse of one month, we were unable to establish a communication with you by using the communication data that you have shared with us, OKTO will try to deposit the money back to the last known to us payment method i.e. your debit or prepaid card or bank account. If that is not possible, the funds will be kept under your name until you reach us.

 

12. Refusal of execution of a Transaction

We may refuse to execute any type of Transaction in the following cases:

  • You do not have the requested funds as winnings.
  • You do not provide us with all mandatory information requested in a payment instruction.
  • The Transaction exceeds the applicable limits as defined herein and by any related party.
  • We have a reason to believe that the activity is in breach of these Terms and Conditions.
  • If we believe you are acting fraudulently,
  • If we have a legal or regulatory obligation that prevents us from making the payment or if we are required to perform further checks
  • If a Third Party prevents us from making the payment (for example Visa or Mastercard does not allow a payment or a withdrawal).
  • If you are blocked or restricted by the Gaming Machine Operator. We may refuse the execution of any Transaction for any reason without limitation. Provided it is not prohibited by any applicable law, we will be required to provide information as to the reason it took action, what caused it to take action, and any remedial action you may take to resolve the refusal issue if possible.

 

You agree we may also suspend the execution of a Transaction, which based on available information at the time, can be reasonably deemed as above acceptable risk levels, and you will be notified for such action. Should the thread of excess risk be eliminated, we will lift the suspension allowing the execution of the Transaction.

 

13. Refund policy

In the case of a technical issue arisen during the withdrawal process please contact support@oktopayments.com. Prior to communication with us we may request additional information to identify/confirm your identity. We will serve your request promptly and accurately.

We will not refund the payment if:

a. If your mobile device is lost or stolen or anyhow you do not have further its use and you have not promptly proceeded to the required actions by blocking your device and requesting blocking of your account with an e-mail to support@oktopayments.com. For unauthorized payments where we believe you should have been aware of the loss, theft or unauthorized use, you will be liable for the first £50. We will not hold you liable for the first £50 if the unauthorized payment was caused either by us or a third party carrying out activities on our behalf. Your liability for the first £50 also does not apply to any unauthorized transactions made after you have notified us.
b. if we believe you have acted fraudulently,
c. if the payment transaction was unauthorized but you have acted with intent or gross negligence,
d. if you don’t let us know about the unauthorized or incorrectly completed transaction within thirteen (13) months from the date of the payment transaction.

 

14. Confidentiality

We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:

  • to our employees, officers, representatives, or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this Agreement. We shall ensure that our employees, officers, representatives, or advisers to whom we disclose your confidential information comply with this clause; and
  • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority

 

15. General information

For a contract to be legally enforceable, there needs to be an offer and acceptance. This Agreement constitutes our offer to make the Services available to you and you agreeing to this Agreement constitutes your acceptance of this offer.

If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

We shall have no liability to you under this Agreement or any contract if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lockouts or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of subcontractors, provided that you are notified of such an event and its expected duration.

Each of the subclauses, clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining subclauses, clauses and paragraphs will remain in full force and effect.

Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

We may transfer our rights and obligations under this Agreement to another organization without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

This Agreement and all matters arising from it and any dispute arising between the parties in connection with the Agreement shall be governed and construed in accordance with the laws of the England. Any legal proceedings resulting or connected with the Agreement shall be submitted for settlement before the competent courts.

 

16. Making a complaint

If you are not happy with the provision of our services, please contact us at complaints@oktopayments.com or submit the online form and a customer representative will issue a ticket in reference to the dispute matter. We take seriously the complaints of our customers. If we receive a complaint from you, we will try to solve it within four (4) working days. If the problem cannot be solved within four (4) working days, we will send you a reply stating the reasons of the delay including the date of by which we will give you the final answer. In any case, the final reply will not exceed the 15 working days.

If you are not satisfied with our final reply, you may refer to the competent Alternative Dispute Resolution Bodies of your residence including further:

 

  • Cyprus Consumer Center for Alternative Dispute Resolution
    Address: 16 Kyriakou Matsi, Eagle House, 8th Floor, Agioi Omologites, 1082, Nicosia
    Phone: +357 22519741
    Facsimile (Fax): +357 22318214
    Email: secretariat@adrcyprus.com
    Website: www.adrcyprus.com

 

17. Restrictions on using the OKTO Direct services

The Services must not be used, directly or indirectly, for the following restricted activities:

  • Breach this  Agreement , the OKTO Acceptable Use Policy, Privacy Policy or any other policies.
  • Violate any law, regulation, directive, statute or contract in relation to the Services received, including without limitation, anti-money laundering laws and regulations, consumer and personal data protection.
  • Use tools and mechanisms to conceal your online identity and location (use of proxy and other anonymizing technics).
  • Use the Services in a manner that results in complaints, disputes, claims, reversals, fees, fines, penalties and other liability to us, , another User or a Third Party.
  • Use the Services for illegal purposes.
  • Intentionally or unintentionally facilitate any malicious computer programming routines that may cause damage, harmfully interfere with, clandestinely capture or steal any system, data or information.
  • Intentionally or unintentionally use any automatic device process or manual process to monitor or copy the Website without out prior written permission.
  • Use any device and/or software that intentionally or unintentionally interfered with the proper operation of the OKTO Direct App, and/or the Website.
  • Infringe our, or any Third Party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy
  • Provide false, inaccurate or misleading information.
  • Send or receive what we reasonably believe to be potentially fraudulent or unauthorized funds
  • Refuse to cooperate in an investigation or provide confirmation of your identity, or any information you provide to us.
  • Use the Services in a manner that MasterCard, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules.
  • Use the Services in a manner that is an abuse of a card system or a violation of card association or network.
  • Use of the Services in a way that we reasonably believe that might harm our ability to provide our Services.
  • Control or use a mobile device  that’s not yours.
  • Give your or security credentials to any other person.
  • Allow anyone else to access or use your device.
  • Harass and/or threaten our employees, agents, or other representatives.

 

In case you use the Services for the above restricted services and/or in a manner that results in complaints, disputes, claims, reversals, fees, fines, penalties and other liability to us, another User or a Third Party, you may be liable for the above restricted activities and their outcome. In such case, you agree to reimburse us, a User or a Third Party for any and all such liability, and for us to settle any amounts owed as a result of the liability from your available balance. Should your balance be insufficient to cover the amount, you agree that we may use any amount proceeds from a transaction, and in the event that such amount does not cover the liability, allow the holder of the claim to recover the amount through other legal means available.

 

18. Changing these terms and conditions

We may change or update these Terms and Conditions from time to time for the following reasons:

  • To make it easier for you to understand,
  • If we change the way we are doing business with you or a major change in our operations,
  • To comply with changes in regulations,
  • To reflect changes in the costs associated with the way we do business with you,
  • When we are offering new products or services.

 

We reserve the right to amend these Terms and Conditions unilaterally. You may access the applicable Terms and Conditions on our Website. It is recommended that you visit the Terms and Conditions page on our Website frequently in order to be informed accordingly.

The notification of the amendments of the Terms and Conditions is concluded by posting the amended Terms and Conditions on our Website.

Any amendment to the Terms and Conditions shall apply and is valid after the lapse of two (2) months from its posting on our Website, unless such modification is made in compliance to the provisions of the applicable legislation, any court ruling or administrative decisions or when it is connected to the provision of new services or new features of existing services or when the amendment, at our discretion, does not increase your obligations and does not restrict your rights.

 

19. Representations and Warranties

We expressly disclaim, to the maximum extent permitted by law, all conditions and warranties, of any kind express, implied or statutory, regarding the Services offered or the software provided, including but not limited to the implied warranty of non-infringement, except for any condition or warranty whose exclusion would contravene any law and regulation (, or cause any party of this paragraph to be void (hereon after referred to as “non-excepted conditions”). Our liability towards you as a result of a breach of any non-excepted condition is limited at your own option to a) refund of the price paid for the good or service that caused the breach b) replacement or repair of the good or repeat of the provision of the service that caused the breach unless such liability cannot be limited under jurisdictional laws and regulations.

We neither represent nor warrant that the provision of the Services to you will be without delay, interruption, compromise to your security systems, or error free (neither that all errors will be rectified) and we do not accept any responsibility for any delay or failure in delivering the Services under this Agreement. We may undertake to perform maintenance and/or repair work on our systems that may restrict your access to your Services.

 

20. Limitation of liability

In the event that we are deemed to have breached the Agreement leading to loss and causing direct damage to you, our liability will be limited to the following:

  • In no event shall we, our associates, affiliates and other related persons who act on our behalf, and/or the persons we enter into contracts with, be liable for any of the following types of loss or damage in relation to this Agreement or otherwise:
  • any loss or damage whatsoever that is not directly related to our breach of this Agreement; or
  • any loss of revenue, profits, business, goodwill, contracts, or savings even if we were informed of the possibility of such occurrence; or
  • any loss or corruption of data.

 

We shall not be liable for any bank charges that you may incur in sending, receiving or redeeming funds.

We accept no responsibility in the event that you send money to the incorrect account.

OKTOPAY provides the Services without any warranty. The Company does not guarantee uninterrupted or secure access to any part of its Service, neither does it take any responsibility for any delay or failure in delivering the services. OKTOPAY may undertake to perform maintenance and/or repair work on its systems that may restrict the user’s accessibility to the Services. OKTOPAY expects that such scheduled or unscheduled maintenance works, may extend for a certain period that will limit/restrict access to OKTOPAY system (including its website).

OKTOPAY cannot ensure that the parties in a transaction will complete the transaction and does not have any control over the Gaming Machines.

An End User is responsible for understanding and complying with any laws, rules and regulations of his /her specific jurisdiction that may be applicable to him/her in connection with the use of the Services.

Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.

 

21. Intellectual property rights

We, the system vendor and/or our licensors grant you a limited, non-exclusive, non-transferable license for the use of any software application(s) you access through or have downloaded to your personal computer, mobile device, or platform, including an Application Programming Interface (API) or a Developer’s toolkit where applicable, but this is for your personal use only. You may not:

  • Transfer, lease or rent, sell or distribute these rights to any person or entity.
  • Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from OKTO material.

 

With this you acknowledge that all rights related to OKTO material, belong exclusively to us or to a third-party provider depending on the contractual arrangements between us and the third-party provider.

The brand(s), website(s) URL(s), logos relating to the name, products and services described/used in/on electronic and hard copy material are either copyrighted, or are registered trademarks, or are our trademarks or trademarks of a third-party provider and/or our licensors.  In addition, all page headers, custom graphics, button icons, and scripts are copyrighted service marks, trademarks belonging to us and/or our licensors. Copying, modification, alteration of any kind, amendment or use of any kind is strictly prohibited.

Specifically, we and/or our licensors are the owners of all rights, interests and titles of logos, tradenames, registered and unregistered trademarks, custom designs, proprietary software core code, patentable applications, trade secrets, registered and unregistered copyrights, any and all other intellectual property, proprietary rights or other rights related to intangible property which are used, or developed in connection with any of the Services and you agree not to claim ownership of or interest in any such intellectual property right.

You acknowledge that you have not obtained any rights expressed or implied other than the rights granted to you under the terms of this Agreement, and that no title of ownership has been transferred to you under this Agreement.

You shall not undertake any action with the intent to ascertain and/or obtain for any reason or purpose our and/or our licensors’ systems source code, processes or data. You have not been granted the right and shall not sell, resell, lease or sublet, sublicense, lend or otherwise transfer the services or components thereof.

 

22. Contact us

All queries should be directed towards support@oktopayments.com, which operates and handles the Customer Service. Customer Service means the customer support that can be accessed online by sending an email at support@oktopayments.com.

Updated on: 26.10.2023