Legal, Terms of Use and Privacy Statements

Terms of Use

This Site provides information about NETBANX®, Optimal Payments Plc and its subsidiaries and affiliates, and the products and services they offer. The Site also may contain general corporate and investor information about Optimal Payments Plc. References to “the Site”, “this Site”, or “these Sites” in the following and previous statements refer to public-facing websites maintained and operated by Optimal Payments Plc at the following top-level domains: Optimal Payments.com, netbanx.com, neteller.com and netpluscards.com.

References to ‘you’, ‘your’ and ‘yours’ are references to the person(s) accessing this Site. References to Optimal Payments’, “Optimal Payments’, ‘we’, ‘us’ and ‘our’ are references to Optimal Payments Plc. References to ‘NetBanx’ and ‘NETBANX’ are references to NETBANX Limited, a wholly-owned subsidiary of Optimal Payments Plc.

Copyright

Copyright © 1999-2011 Optimal Payments Plc, Audax House, Finch Road, IM1 2PT, Douglas, Isle of Man. All rights reserved.

Copyright in the pages, screens, information and all material on this Site is owned by Optimal Payments Plc unless otherwise noted. Any person is hereby authorized to view, copy, print, and distribute materials on this Site subject to the following conditions:

The materials may be used for informational purposes only. The materials may only be used for non-commercial purposes. Any copy of the materials or portion thereof must include this copyright notice.

Note that any services or products described on this Site may be the subject of other intellectual property rights reserved by Optimal Payments and are not licensed hereunder.

You may not alter or otherwise make any changes to any material that you print or download from this Site, including without limitation, removing any identifying marks or legends from such material. You may not use this Site for any purpose which is unlawful, abusive, libelous, obscene or threatening.

Trademarks

Certain names, graphics, logos, icons, designs, words, titles or phrases on this Site are trade names or trademarks owned by Optimal Payments, or owned by third parties and used under license by Optimal Payments or its subsidiaries or affiliates. These trademarks are, in most cases on this Site, accompanied at an early, prominent use in the Site with an appropriate trade-mark symbol such as ®, ™, or similar indicator to denote Optimal Payments’ ownership.

The display of trademarks on pages at this Site does not imply that a license of any kind has been granted to anyone else. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein by you may be a violation of statutory or common law, trade-mark and/or copyright laws and could subject you to legal action.

No Warranties

This site and the information, materials and content in it are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, or non-infringement. Information described on this site is furnished for informational use only, is subject to change without notice, and should not be construed as a guarantee, commitment, condition or offer by any member of Optimal Payments. Optimal Payments assumes no responsibility or liability for any errors or inaccuracies that may appear in this document.

We do not warrant the accuracy, adequacy, completeness or timeliness of the information, material or content on this site nor the error-free use of the site. We do not represent or warrant that the site will be available or that it will meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system.

Optimal Payments is not responsible in any manner for any direct, indirect, special, consequential, punitive exemplary or incidental damages, whether based on negligence, willful misconduct, tort, contract or any other theory of law, or for any damages for loss of data, loss of income, failure to realize expected revenues or savings, loss of profits or any economic or pecuniary loss, arising out of your use of this site.

No Offer

No services or products are offered at this Site and this Site does not constitute an offer of any products or services provided by any subsidiary or affliate of Optimal Payments Plc. All products and services provided by any subsidiary or affiliate of Optimal Payments are accessed by visiting the website of the particular Optimal Payments subsidiary or affiliate (’Local Sites’). For convenience, Local Sites may be accessed through this Site.

Links to Other Websites

Our Site may contain links to websites that are provided and maintained exclusively by third parties. No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this Site.

Changes to the Site

The information, material and content provided in the pages of the Site may be changed at any time without notice. Changes may be made to these Terms and Conditions and the Privacy Statement by us at any time without notice to you by updating the posting of same.

Privacy Statement

This privacy statement sets out the privacy policy in respect of this Site only and does not apply to Local Sites. When you access or link to a Local Site, please read the privacy policy issued by the Local Site to understand the policies that apply to personal information or data processed through the Local Site. For site security purposes and to ensure that this Site remains available to all users, Optimal Payments’ computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable by law.

Optimal Payments protects information through the use of encryption with the use of industry standard secure sockets layer (SSL) technology to prevent information from being intercepted. We will take all reasonable steps to ensure the security of your personal information.

Information Collected and Stored Automatically

If you do nothing during your visit but browse through the Site, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store only the following information about your visit:

  1. The Internet domain (for example, “abc.com” if you use a private Internet access account) and IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access this Site;
  2. The type of browser and operating system used to access our Site;
  3. The date and time you access our Site;
  4. The pages you visit; and
  5. If you linked to this Site from another website, the address of that website.

We use this information to help us make our site more useful to visitors — to learn about the number of visitors to our site and the types of technology our visitors use. We do not track or record information about individuals and their visits.

Use of ‘cookies’

We may use cookies to improve our service to you. Cookies may help us recall a previous visit. The cookies we use do not collect personally identifiable information, and we do not use them to determine your identity. If you are not comfortable with this use, you may configure your browser to be notified when cookies are to be received and to provide you with the option of refusing cookies. However, refusing cookies may severely limit your ability to use our Site.

Cookies will not be used to contact you for marketing purposes other than by means of advertisements offered within this Site. Cookies may be used to record details of pages relating to particular products and services that you have visited on this Site. This is to provide us with generic usage statistics to allow us to improve this Site and to provide you with information that may interest you.

Web beacons and spotlight tags

This Site may contain electronic images, known as web beacons or spotlight tags. These enable Optimal Payments to count users who have visited certain pages on the Site. Web beacons and spotlight tags are simply tools used to obtain generic information about the web pages visited. They are not used to obtain information about specific users.

If You Send Us Personal Information

If you choose to provide us with personal information by sending an e-mail to us at any of the contact email addresses provided at this Site, we use that information to respond to your message and to help us provide you with information that you request. Other use of personal information provided may be used for the following reasons:

  1. To assist us in creating and publishing content relevant to you;
  2. To send alerts announcing to you regarding special offers, updated information, and new services provided by Optimal Payments Plc;
  3. To ensure that our Site is relevant to your needs; and
  4. To allow you limited access to areas of our Site as appropriate.

You may choose to give us personal information in a variety of situations. For example, you may want to give us information, such as your name and address or e-mail address, to correspond with you. If you request something from our Site, for example, a callback, or specific marketing materials, we will use the information you provide to fulfill your request.

To help us do this, we may share information, with others, for instance, subsidiaries or affiliates of Optimal Payments, Optimal Payments’s business partners or financial institutions as necessary to fulfill your request. We may also contact you as part of our customer satisfaction surveys or for market research purposes in support of Optimal Payments subsidiaries or affiliates. You may opt-out of receiving future mailings from us by following the instructions set forth in each mailing. Our employees may view information that you provide us in order to perform their jobs and service you. We restrict access to nonpublic personal information about you to those employees who need to know that information. We may occasionally hire other companies to provide limited services on our behalf. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

Optimal Payments may collect, use or disclose your personal information as required or permitted by applicable law.

If NETELLER or any part of its business or operations becomes owned or controlled by other individuals or entities, the information that we have collected may be transferred to such party or parties who would be bound by the obligations hereunder.

Employment

If you submit your resume through our Site, we use your personal information only in considering your application for employment. We do not collect personal information for any other purposes. The information you provide is not given to any private organizations or private persons.

Third Party Websites

Websites provided and maintained by third parties are not subject to this privacy statement. Please review the privacy policies on those websites to understand their personal information handling practices. We make no representations concerning the privacy policies of these third party websites.

Governing Law

Your use of this Site is governed by the laws of the Isle of Man. All disputes arising out of or relating to these Terms of Use and Privacy Statement shall be resolved by the Courts of the Isle of Man.

Questions

If you have questions about our policies, you may contact Optimal Payments Group Compliance using this form.