Orokii Terms Of Use Policy

  1. How to read this Agreement

This Agreement contains 28 sections. You may go directly to any section by selecting the appropriate link provided. The headings are for reference only. Some capitalized terms have specific definitions in section 2. Underlined words in this Agreement contain hyperlinks to further information. For “send money” transactions, this Agreement applies individually to each transaction.

  1. The importance of this Agreement

What this Agreement covers. These are the terms and conditions on which we provide our Services to you.

Why you should read them. Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us to discuss.

Other additional documents which apply to you. This Agreement refers to the following additional documents, which also apply to your use of our Services:

  1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you promise that all data provided by you is accurate.
  2. Our Cookie Policy, which sets out information about the “cookies” on our Website.
  3. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services.
  4. Our Frequently Asked Questions (“FAQ”) which provides answers to common customer questions.
  5. To receive some of our Services, you may be asked to agree to additional terms and conditions (including those referred to in section 29) which we will notify you about at the relevant time.

Additional documents. For clarity, the additional documents and the parts of this Agreement which incorporate the additional documents are not Framework Contracts.

Future changes to this Agreement. All future changes set out in the Customer Updates section of our Website at the time you sign-up for our Services are incorporated into this Agreement.

You accept this Agreement. By visiting our Website and/or using our Services (including downloading and using our App, or via the API, a social media platform or other authorized third party), you confirm that you accept and agree to this Agreement (including the Customer Updates and the additional documents referred to above). If you do not agree, please do not use our Services.

Where to get a copy of this Agreement. You can always see the most current version of this Agreement on our Website. If you want a paper copy of this Agreement, please contact Customer Support.

  1. Glossary

Glossary of terms used in this Agreement:

API means the application programming interface provided by Orokii.

App means the mobile application software, the data supplied with the software and the associated media.

Balance means any amounts held in your Orokii Account.

Business Day means a day other than a Saturday, Sunday, or a public holiday in U.S. when financial institutions and the New York stock exchange are open for business.

Group Company means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.

Services means all products, services, content, features, technologies, or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).

Source Currency means the currency which you hold and/or fund your payment order with.

Target Currency means the currency which your recipient will receive.

Orokii Account means the account you have opened with us in accordance with the terms of this Agreement.

Website means any webpage, including but not limited to www.orokii.com, where we provide the Services to you.

  1. Orokii App and API

App subject to this Agreement and the Appstore Rules. We license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any Appstore provider or operator whose sites are located at App Store and Google Play. We do not sell the App to you. We always remain the owners of the App.

App updates. From time-to-time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

Your right to use the App and the API. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device and the API subject to this Agreement. We reserve all other rights.

  1. Our company and contact information

Our company information. Orokii LLC is a company incorporated under the laws of the State of New Jersey with company number 0450562128 (“Orokii”, “we”, “us”, or “our” as applicable).

Our New Jersey Registered office. Our registered office is 56 Wellington Road, East Brunswick, NJ 08816.

How to contact us. You can contact us by email, web chat or telephone. Our contact details are provided on the “Contact” page of our Website.

  1. Who can use our Services?

You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by opening an Orokii Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.

You must have authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.

6.3 Your use of the Orokii Account must not violate any applicable laws. You commit to us that opening and/or using of an Orokii Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.

  1. Your Orokii Account

About your Orokii Account

(a) Your Orokii Account allows you to hold, send, or receive electronic money/payments.

(b) The electronic money held on your Orokii Account does not expire other than when your account is closed, see section 19 for more details.

(c) The electronic money held on your Orokii Account will not earn any interest.

(d) You may hold your electronic money in any currencies which we support from time to time.

(e) You may withdraw money from your Orokii Account at any time subject to certain conditions, please see section 16 for more details.

(f) Certain limits may be placed on your Orokii Account depending on your country of residence, verification checks, or other legal considerations. Please contact us if you have any questions about these limits.

(g) The electronic money held on your Orokii Account belongs to the person or legal entity which is registered as the Orokii Account holder.

(h) Unless you have our consent in writing, you must not allow anyone to operate your Orokii Account on your behalf.

Electronic Fund Transfers (“EFTs”) and Account Balances. By creating an Orokii Account and initiating bank deposits or withdrawals (i.e., EFTs), you agree to the Terms of Service and Privacy Policy of our financial software provider, Sila Inc. (together, the “Sila ToS”). You must comply with the Sila ToS when creating or using your Orokii Account. The Sila ToS may be modified from time to time, and the governing version is incorporated by reference into these Terms of Service. Any term not defined in this [paragraph, section, or addendum] but defined in the Sila ToS assumes the meaning as defined in the Sila ToS. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SILA ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR OROKII ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

Your Orokii Account is an electronic money account and is not a bank account. For further information on how we look after your money, please visit FAQ.

  1. Getting started

Open an Orokii Account. To start using our Services, you must open an Orokii Account and provide your details as prompted.

Information must be accurate. All information you provide to us must be complete, accurate and truthful always. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.

Transacting on your own account. All activities under an Orokii Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.

One account per person or entity. You may only open one Orokii Account unless we have agreed in writing the opening of additional accounts. Orokii may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Orokii may close or merge these duplicate accounts at its sole discretion.

  1. Getting to know you

We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Orokii Account with us or in the event of a dispute relating to this Agreement and activity under your Orokii Account.

  1. Keep your Orokii Account safe

Keep your Orokii Account safe

  1. What to do. You must:
  1. Change your password regularly and ensure that it is not reused across other online accounts.
  2. Contact Customer Support if anyone asks for your Orokii password.
  3. Always follow recommended password management practice, for example: https://support.google.com/accounts/answer/32040?hl=en.
  4. Set up 2-step authentication where prompted (for further instructions please refer to our FAQ).
  5. Keep your e-mail account secure. You may reset your Orokii Account password using your email address. Let Customer Support know immediately if your email address becomes compromised.
  6. What NOT to do. You must NOT:
  1. Disclose your Orokii Account password or your customer reference number (which starts with the letter O followed by a series of numbers). Keep them safe.
  2. Let anyone access your Orokii Account or watch you accessing it.
  3. Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
  4. Do anything which may in any way avoid or compromise the 2-step authentication process.

Contact us if you suspect your Orokii Account has been compromised. If you suspect your Orokii Account or other security credentials are stolen, lost, used without your authorization, or otherwise compromised, you must contact Customer Support immediately, you are also advised to change your password. Any undue delays in notifying us may affect the security of your Orokii Account and result in you being responsible for financial losses.

Authorizing third parties. You may authorize third parties to access your Orokii Account to provide their services to you, including authorizing them to initiate payments from your Orokii Account. You acknowledge that if you authorize a third party to access your Orokii Account, we may disclose certain information about your Orokii Account to this third party. We are not responsible for any such third party’s use of your Orokii Account or any information in your Orokii Account. Granting permission to a third party does not relieve you of your responsibilities under this Agreement, including notifying us if your Orokii Account has been compromised or if a transaction is incorrect or unauthorized.

  1. Payment Methods

How to link your bank account with your Orokii Account. You link your bank account with your Orokii account when you sign up for our Service. You may link additional bank accounts when you login to your Orokii Account and follow the steps as they appear on screen. Linking additional bank accounts may incur fees.

Payment by ACH Direct Debit. If you choose to pay for your transfer using our ACH Pull direct debit feature, you will need to provide your bank account details, including your bank account number and routing number (each such bank account is deemed “Your Bank Account”). 

  1. when you choose to pay for your transfer using our ACH Pull direct debit feature and provide Your Bank Account details, you represent that Your Bank Account payment details are correct, that you are authorized to access and transmit funds from Your Bank Account, that Your Bank Account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from Your Bank Account.
  2. when you choose to pay for your transfer using our ACH Pull direct debit feature and by providing Your Bank Account details and requesting a Transaction, you authorize us to initiate electronic credits and debits to Your Bank Account through the automated clearinghouse (ACH) network to process the requested Transaction, including any applicable fees and charges.
  3. your authorization shall remain in effect for any Transaction that you have authorized while a registered user with the Service unless canceled in accordance with this Agreement. 
  4. Sending money

Setting up your payment order. You must set up your payment order from your Orokii Account. Your order may either be:

  1. “Fixed Source Order” which is a payment order where you indicate that you wish to send and convert a fixed amount of Source Currency to your recipient who will receive the converted amount in the Target Currency; or
  2. “Fixed Target Order” which is a transfer where you indicate that you wish to send and convert a fixed amount of Target Currency to your recipient from the Source Currency from your linked bank account to Orokii.

You can only set up a Fixed Target Order for certain Source Currencies, you can find a list of these Source Currencies on our FAQ.

Information you need to provide to set up a payment order. To set up a payment order via your Orokii Account, you need to provide certain information to us including (a) the full name of your recipient, (b) your recipient’s bank account details or their Orokii Account details and (c) the payment amount.

Payment order limits. We may place limits on the amount you may send per transfer. For more information on the applicable limits, please visit our FAQ.

Your payment order timeline. If your payment order is received by us after 5pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.

After your payment order is submitted. Once we have received your payment order, we will display it under the Activity section of your Orokii account. Each payment order is given a unique transaction number which you can find there. You should quote this number when communicating with us about a particular payment order.

You need to provide us with sufficient funds before we can process your payment order. We will only process your payment order if your linked bank account has sufficient funds. It is your responsibility to fund your linked bank account before your payment order. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.

Verification checks may increase the time for processing your payment order. We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays because of carrying out those checks.

Completion time of your payment order. The estimated completion time of your payment order is notified to you when you complete the setup of your payment order. You may also find further information about the completion time in the FAQ section of our Website, please refer to the applicable currencies in your payment order.

We will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you or otherwise specified in our FAQ section. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.

Refusal of your payment order. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.

You may cancel your payment order before your funds are converted. You may cancel your payment order by following the instructions set out in our FAQ. You cannot cancel your payment order once your funds have been converted into the Target Currency you requested.

You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.

If you provide us with incorrect information. If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you and may need to charge you a fee for that.

  1. Exchange Rates

The applicable exchange rates. We will let you know the exchange rate:

  1. when you place your payment order if it is a guaranteed rate payment order; or
  2. when we have received your payment if it is a non-guaranteed rate payment order.

Exchange rate

  1. Except as specified in section 13.2(b) below, when we refer to an exchange rate in this Agreement, it means the mid-market exchange rate at the relevant time for the relevant currency pair (for example, USD to EUR, USD to GBP) as provided by our reference rate provider, Reuters. We may change our reference rate provider from time to time without notice to you.
  2. For some currencies, we cannot use the mid-market exchange rate as we are required to use a different reference rate for the exchange rate for your currency pair. For example, for transfers to Nigeria (NGN), we are required to use the rate set by the Central Bank of Nigeria. For these currencies we will notify you of the reference rate used for the exchange rate when you place your payment order.

Guaranteed rates. We offer automatic guaranteed rates on certain payment orders based on the table and subject to the conditions here, which may be changed from time to time.

  1. Receiving money

You can receive money into your Orokii Account. You can receive money into your Orokii Account using methods which we support from time to time.

The money received is shown in your Orokii Account. Any money you receive into your Orokii Account will be recorded in the transaction history section of your Orokii Account. You should check the incoming funds in your Orokii Account against your own records regularly and let us know if there are any irregularities.

The money received may be subject to reversal. You acknowledge that the money received in your Orokii Account (“Received Amount”) may be subject to reversal and you agree that we may deduct the Received Amount from your Orokii Account if it was reversed by the person who paid you the Received Amount or any relevant payment services provider.

Sending money using an email address. If you send money to a person using an email address which is not registered with us, the money will not be credited until the intended recipient has claimed the money following the steps we have set out for them. Until then, there is no relationship between us, and the intended recipient and the money continues to belong to you. We will refund the money to you if the intended recipient does not claim the money or if they have failed our customer checks within a reasonable time as determined by us.

  1. Maintaining your Orokii Account

Transaction history is displayed on your Orokii Account. All your transactions (including money you received, sent and/or withdrawn) are recorded in the transaction history section of your Orokii Account. You may access this information after you log in to your Orokii Account. We have allocated a reference number to each transaction; you should quote this reference number when communicating with us about a particular transaction.

Check your Orokii Account regularly. You must check your Orokii Account regularly and carefully and contact us immediately if you do not recognize a transaction or think we have made a payment incorrectly. You must tell us about any unauthorized or incorrectly executed transactions immediately, but no later than 13 months from the transaction; otherwise you may not be entitled to have any errors corrected.

Taxes. You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

  1. Withdrawing from your Orokii Account

You can request to withdraw your money. After you log in to your Orokii Account, you may request all or part of your money held in your Orokii Account to be withdrawn. Press “redeem money” and follow the steps as prompted on screen. We will charge you a fee for each withdrawal request, we will let you know the exact amount when you submit your request. You can also find out more information about the fees we charge on the pricing page.

Payout Methods available to you. You may be presented with one or more methods of withdrawal (in this Agreement, we will call these methods “Payout Methods”). The number of Payout Methods made available to you will depend on several factors including where you live and your verification status with us. We cannot guarantee the use of any Payout Method and may change or stop offering a Payout Method at any time without notice to you, but we will ensure that you will always have at least one Payout Method available to you.

Payout Methods are not part of our Services. Payout Methods are not part of our Services, they are services provided by third parties for example the bank where you hold your bank account. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.

You must provide correct information to us. When setting up your withdrawal request, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient because of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful.

Your withdrawal request is subject to limits. You agree that your Orokii Account is subject to withdrawal limits. If your withdrawal request exceeds the current limit, we may decline your request and require you to provide additional documents to us so that we can carry out additional checks before allowing the money to be withdrawn.

  1. How much will you pay?

You must pay our fees. You must pay the fees in connection with the use of our Services. We will not process your transaction until we have received the fees from you.

You can see our fee structure on the Pricing page. We will let you know the exact amount payable by you when you set up your order. You can see our fee structure on the pricing page. For clarity, the fees applicable to you as set out on the pricing page forms part of this Agreement which may be subject to change as set out in section 26.

We can make deductions from your Orokii Account. You agree that we are authorized to deduct our fees, any applicable reversal amounts, and/or any amounts you owe us from your Orokii Account. If you do not have enough money in your linked bank account with your Orokii Account to cover these amounts, we may refuse to execute the relevant transaction or provide any Services to you.

  1. Closing your Orokii Account

You may close your Orokii Account at any time. You may end this Agreement and close your Orokii Account at any time by contacting our Customer Support.

You should withdraw your money within a reasonable time. At the time of closure, if you still have money in your Orokii Account, you must withdraw your money within a reasonable period by following the steps described in section 16. After a reasonable period, you will no longer have access to your Orokii Account, but you can still withdraw your money by contacting Customer Support. You have the right to do this for a period of 6 years from the date your Orokii Account is closed.

You must not close your Orokii Account to avoid an investigation. You must not close your Orokii Account to avoid an investigation. If you attempt to close your Orokii Account during an investigation, we may hold your money until the investigation is fully completed to protect our or a third party’s interest.

You are responsible for your Orokii Account after closure. You agree that you will continue to be responsible for all obligations related to your Orokii Account even after it is closed.

  1. Intellectual property rights

While you are using our Services, you may use the Orokii Materials only for your personal use and solely as necessary in relation to those Services.

” Orokii Materials” include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:

  1. transfer, sublicense, loan, sell, assign, lease, rent, distribute, or grant rights in the Service or the Orokii Materials to any person or entity;
  2. remove, obscure, or alter any notice of any of our trademarks, or other “intellectual property” appearing on or contained within the Services or on any Orokii Materials;
  3. modify, copy, tamper with or otherwise create derivative works of any software included in the Orokii Materials; or
  4. reverse engineer, disassemble, or decompile the Orokii Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Orokii Materials or as part of the Services.
  5. Our responsibility for loss or damage

We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation.

We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services.

We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.

Our liability to you for unauthorized payments or our mistake. In case of an unauthorized payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply:

  1. where your Orokii Account, or its personalized security features, are lost, stolen, or misappropriated. You will be liable for the first USD 30 of any unauthorized payments if we believe you should have been aware of the loss, theft, or unauthorized use. We will not hold you liable for the first USD 30 if the unauthorized payment was caused either by our acts or omissions, or those of a third party expressly carrying out activities on our behalf. Your liability for the first USD 30 also does not apply to any unauthorized transactions made after you have notified us that your Orokii Account may have been compromised (using the details we’ve given you);
  2. if you have acted fraudulently, in which case we will not refund you in any circumstances;
  3. if you do not quickly notify us of security issues on your Orokii Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us;
  4. if the payment transaction was unauthorized but you have with intent or gross negligence compromised the security of your Orokii Account or failed to comply with your obligations to use your Orokii Account in the manner set out in this Agreement. In such a case you shall be solely liable for all losses; or
  5. if you do not let us know about the unauthorized or incorrectly completed transaction within 13 months from the date of the payment transaction.

You are responsible for checking your Orokii Account regularly. We rely on you to regularly check the transactions history of your Orokii Account and to contact Customer Support immediately in case you have any questions or concerns.

We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay because of things which are outside our control.

You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

If you owe us money. In the event you are liable for any amounts owed to us, we may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, we reserve the right to collect your debt to us by using any payments received in your Orokii Account and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through legal means, including, without limitation, using a debt collection agency.

  1. Accessing our services

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorized or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.

  1. Information security

You are responsible for configuring your information technology, computer programs and platforms to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.

You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, our servers, computers, or databases. You must not attack our Website with any type of denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Fraud and Abuse Act 1986. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App, Website, and/or our Services will cease immediately.

  1. Linking to our site

You may link to our Website provided you follow certain rules. You may link to our Website, provided:

  1. you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
  2. you do not suggest any form of association, approval, or endorsement on our part where none exists;
  3. you do not frame our Website on any other site; and
  4. the website complies with our Acceptable Use Policy.
  5. We reserve the right to withdraw linking permission without notice.
  6. When we can end this Agreement or suspend our Services

We may end this Agreement by giving you two months’ notice. We may end this Agreement and close your Orokii Account, or any service associated with it by giving you two months’ prior notice.

We may suspend or close your Orokii Account without notice in certain circumstances. We may at any time suspend or close your Orokii Account and/or end this Agreement without notice if:

  1. you breach any provision of this Agreement or documents referred to in this Agreement;
  2. we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
  3. we have reason to believe you are in breach of any applicable law or regulation; or
  4. we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

We may suspend your Orokii Account for security reasons. We may suspend your Orokii Account or restrict its functionality if we have reasonable concerns about:

  1. the security of your Orokii Account; or
  2. suspected unauthorized or fraudulent use of your Orokii Account.

We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.

  1. Our right to make changes

We may change this Agreement by giving you at least two (2) months’ prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.

In some instances, we may change this Agreement immediately. Despite section 26.1, changes to this Agreement which are (1) more favorable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.

  1. How we may contact you

We usually contact you via email. For this purpose, you must always maintain at least one valid email address in your Orokii Account profile. You should check for incoming messages regularly and frequently; these emails may contain links to further communication on our Website. If you do not maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you do not do this. If we have reasonable concerns either about the security of your Orokii Account, or any suspected or actual fraudulent use of your Orokii Account, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).

Other ways we may contact you. In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:

  1. Email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
  2. Post will be deemed received three days from the date of posting for US post or within five days of posting for international post.
  3. SMS will be deemed received the same day.

Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.

If you need a copy of the current Agreement or any other relevant document, please contact Customer Support.

This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them is official.

  1. Complaints

If you have any complaints about us or our Services, you may contact us following our customer complaint procedure.

  1. Other important terms

Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end or make any changes to this Agreement.

We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all your rights and obligations under this Agreement (including the Orokii Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the Orokii Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Orokii Account under section 18.

If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in acting, it will not prevent us taking steps against you later.

This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Orokii, whether written or oral, relating to its subject matter.

Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by the State of New Jersey laws. Any dispute between you and us in connection with your Orokii Account and/or this Agreement may be brought in the courts of State of New Jersey.