1. Introduction
Welcome to Osu.
This page tells you the terms on which you may use our websites www.payosu.com and www.tryosu.com, whether as registered user or guest. Please read carefully before use.
By using the site, you accept the terms and agree to obey them. If you don't accept them, please don't use the site.
2. Who We Are
Osu is operated by Osu Limited, a UK Limited company registered in England under company number 10516109.
Some important details about us:
Our registered office is at: 3 Brook Business Centre, Cowley Mill Road, Uxbridge, Middlesex, UB8 2FX.
Our trading office is at: Gridiron Building, 1 Pancras Square, London, N1C 4AG.
Our VAT number is: 273196094
We have registered with the ICO and our registration number is ICO:00010137685
3. Use of the Site
You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.
Only use the site as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we don't have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
We follow our privacy policy in handling information about you. You can read our policy at www.payosu.com/privacy-policy.
By using the site, you agree to us handling this information and confirm that data you provide is accurate.
4. Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a license from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
5. Our Legal Responsibility to You
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
6. Computer Offences
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
7. Links to Our Site
You are allowed to make a legal link to our website's homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.
You mustn't suggest any endorsement by us or association with us unless we agree in writing.
8. Links From Our Site
Links from our site to other sites are only for information. We don't accept responsibility for other sites or any loss you suffer from using them.
9. Variation
We change these terms from time to time and you must check them for changes because they are binding on you.
10. Applicable Law
10.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
10.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
10.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to appoint a mediator.
10.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
10.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
10.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorized representatives of both Parties, shall be final and binding on them.
10.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by another arbitrator to be appointed and mutually agreed upon.
10.8 Any dispute shall not affect the Parties' ongoing obligations under the Agreement.
10.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.
11. Contact Us
Please email us at info@payosu.com to contact us about any issues.
You may, at any time and at no cost to you, obtain a copy of these Terms and Conditions applicable to you by accessing the Osu Website and downloading the version available on that website. Alternatively, you may contact us at info@payosu.com and they will provide a copy to you via e-mail or post.
1. Information about service providers
1.1 Osu Ltd is a payment technology company, not an authorised Payment Initiation Services Provider (PISP). Osu Ltd is a company incorporated and registered in England and Wales with company number 10516109 whose registered office is 3 Brook Business Centre, Cowley Mill Road, Uxbridge, Middlesex, United Kingdom, UB8 2FX.
1.2 Payment Initiation Services within Osu Ltd's technology are solely provided by SafeConnect Ltd, a company incorporated and registered in England and Wales with company number 11598433, and authorised and regulated by the Financial Conduct Authority (FCA), with reference number 827001, whose registered office is 9 Appold Street, London, EC2A 2AP.
1.3 As an FCA authorised PISP, SafeConnect Ltd. provides AIS and PIS as set out in paragraphs 1(g) and 1(h) of Schedule 1 of the Payment Services Regulations 2017 (SI 2017/752) and defined in Regulation 2 of the Payment Services Regulations 2017 (SI 2017/752).
2. Definitions
2.1 The following capitalised terms have the following meanings in these Terms and Conditions:
“Agreement” means these Terms and Conditions and our Privacy Policy
“Account Servicing Payment Service Provider” or “ASPSP” means any payment service provider that maintains a Payment Account on your behalf, including a bank or credit institution, that is accessible online using the Services;
“Applicable Law” means any and all applicable laws, legislation, bye-laws, decisions, notices, statutes, orders, rules (including any rules or decisions of court), regulations, directives, edicts, schemes, warrants, local government rules, statutory instruments or other delegated or subordinate legislation and any directions, codes of practice issued pursuant to any legislation, voluntary codes, other instruments made or to be made under any statute and codes of conduct and mandatory guidelines (including in all cases those that relate to audit, accounting or financial reporting) and which have legal effect, whether local, national, international or otherwise existing from time to time, together with any similar instrument having legal effect in the relevant circumstances;
“ASPSP Terms and Conditions” has the meaning set out in paragraph 3.2 below;
“Osu Website” means https://payosu.com/ and https://tryosu.com/
“Party or Parties” means respectively Osu or you or both;
“Payment Order” means any instruction by you to us requesting the execution of a Payment Transaction;
“Payment Account” means a payment account held by you with an ASPSP;
“Payment Initiation Services” has the meaning set out in paragraph 3.1 below;
“Payment Transaction” means an act initiated by you to transfer funds to a payee;
“Privacy Policy” has the meaning set out in section 10 below;
“Services” means the services that we provide to you as set out in section 3 below;
“Website” means the website or mobile application through which you have accessed our Services;
3. Our services
3.1 Under these Terms and Conditions Osu shall redirect you to SafeConnect Ltd who will provide you with services for initiating a Payment Transaction directly from your Payment Account to a payee (the “Payment Initiation Services”).
3.2 The terms and conditions that apply to the Payment Accounts that you access through our Services (the "ASPSP Terms and Conditions") will remain in effect and this Agreement does not change your ASPSP Terms and Conditions.
3.3 The Services that are available and the manner by which the Services are delivered may vary depending on the type of device you are using, the type of Payment Account(s) you have and you ASPSP Terms and Conditions.
3.4 We will not charge you for your use of the Services.
4. Eligibility
4.1 You are only permitted to use the Service under the following conditions:
a. if you are aged 18 or over and resident in the United Kingdom (“UK”);
b. if your Payment Account and ASPSP are located in the UK [or European Economic Area];
c. if you are able to provide us with accurate, complete, and up-to-date information and do not misrepresent your identity or any other information about you;
d. you agree to this Agreement and to use our services in accordance with this Agreement; and
you agree to comply with all Applicable Laws.
e. By agreeing to these and Conditions you represent that each of conditions in paragraph 4.1 apply to you.
5. Payment Initiation Services
5.1 The Payment Initiation Services provided by SafeConnect Ltd. will allow you to make an online Payment Transaction from one or more of your Payment Accounts.
5.2 Before receiving Payment Initiation Services from SafeConnect Ltd., you will have received a link to make an online payment as a result of receiving and/or wishing to purchase goods and/or services. Upon clicking this link, you will generally be redirected to our widget where the Payment Initiation Service will be executed by SafeConnect Ltd.
5.3 When you are redirected to the widget, you will be asked to review and confirm your Payment Order details, including:
a. the payment amount;
b. details of the recipient including its name;
c. any other information which we feel is necessary to review.
5.4 SafeConnect may include the recipient information set out in this paragraph 5.3 for you in certain circumstances. It is your responsibility to review and ensure that all of the Payment Order details provided to SafeConnect under paragraph 5.3 are correct before you confirm the Payment Order. You must ensure that the merchant recipient details are correct as you may not be able to recover a payment that is sent to an incorrect account or recipient.
5.5 Prior to initiating a payment transaction, you will be asked to confirm the details of the Payment Order and provide explicit consent for SafeConnect Ltd. to send the Payment Order to your ASPSP for execution.
5.6 You will be asked to select the ASPSP and Payment Account from which you will fund the Payment Order and you shall be redirected to your ASPSP’s website or mobile application, as appropriate, in order to authenticate your identity consent to the transaction with your ASPSP.
5.7 As the Payment Order relates to a Payment Transaction that is to be executed by your ASPSP immediately, you will not be able to cancel that Payment Order with SafeConnect once you have provided your confirmation and explicit consent in accordance with paragraph 5.6 above.
6. Unauthorised or incorrect payments
6.1 If you suspect that an incorrect or unauthorised payment has been made using the Payment Initiation Services provided by SafeConnect Ltd. you must contact us as soon as possible by emailing info@payosu.com. You should also contact your ASPSP as soon as possible by using the contact details provided by your ASPSP Terms and Conditions.
6.2 You may be entitled to a refund for any incorrect or unauthorised payment from your ASPSP but you must notify them without delay and in any event no later than 13 months in accordance with the relevant section of the ASPSP Terms and Conditions.
6.3 Your ASPSP may contact you directly, and not through us or the Website, if there is an issue with a Payment Order submitted through us (such as an issue with your authorisation of a Payment Order or a lack of funds in your Payment Account). Any such issues raised may need to be resolved directly with your ASPSP.
7. Communication
7.1 We may provide you with notices / communications in connection with the Services via a notification available on the Osu Website.
7.2 We shall not hold your home address, email address, or any other contact information relating to you.
7.3 You may also receive Osu notices/communications by contacting us at:
Telephone number: +44 (0) 207 859 4662
Email address: info@payosu.com
7.4 All notices / communications made in respect of this Agreement, and any provided under it by us, will be in English.
8. Termination
8.1 This Agreement between you and us and which governs your use of the Services will continue until terminated in accordance with this section 8.
8.2 This Agreement between us shall be terminated without notice: upon the execution of a Payment Transaction; or if you have not completed a Payment Order, by exiting our services and being redirected back to the Website.
8.3 We may cancel this Agreement with you, with immediate effect, by giving written notice:
a) if you breach any term of this Agreement and, where applicable, fail to resolve the matter to our satisfaction in a timely manner;
b) if you breach any Applicable Law including but not limited to any anti-money laundering laws; and / or
c) in the event of your death or incapacity.
8.4 We may cancel this Agreement with you for any reason by giving you at least two months’ written notice.
9. Changes to this Agreement
We may amend this Agreement at any time by uploading the updated Agreement on to our Website.
10. Data
We process your data in accordance with our Privacy Policy which is available on our website at www.paywithosu.com/privacy-policy (the “Privacy Policy”).
11. Liability
11.1 We are not liable to you for any harm, damage or loss to you arising from the acts or omissions of any third parties, in particular your ASPSP(s) and the owner or operator of a Website.
11.2 We are not liable if your ASPSP does not act on your instructions or it incorrectly carries out your instructions:
a) because of any reason set out in this Agreement;
b) because of something we are unable to reasonably control that prevents us from offering any service; or
c) in order to comply with any legal and regulatory requirements (including Applicable Law).
11.3 We are not liable for any losses or costs you suffer: that we could not have reasonably foreseen and did not have explicit knowledge could occur; or where they were caused by the fact that you had not duly performed any of your obligations under any Agreement.
11.4 Nothing in this Agreement shall exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) our fraud or fraudulent misrepresentation; and / or
c) any deliberate breach of this Agreement.
12. Force Majeure
We shall not be liable for any delay or failure in the performance or in delivery or our Services, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, disease (including epidemics and / or pandemics), strikes, acts of governmental agencies, labour difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
13. Applicable Law and Dispute Resolution
13.1 This Agreement will be governed by English law and the courts of England and Wales will have exclusive jurisdiction over any claim, dispute or matter arising under or relating to this Agreement.
13.2 You shall have the right to submit any complaints about the services provided to you by e-mail to us. We will handle all complaints in accordance with our Complaints Handling Procedures, a summary of which is set out on the Website. We may, however, direct you to your ASPSP if your complaint relates to the services provided under the ASPSP Terms and Conditions or involves an incorrect or unauthorised payment in accordance with 6 above.
13.3 We are not responsible for any complaints or disputes about purchases made using the Payment Initiation Services provided by SafeConnect Ltd. You should settle these with the person from whom you bought the goods or services. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased using the Payment Initiation Services provided by SafeConnect Ltd. Remember that once you have used the Payment Initiation Services provided by SafeConnect Ltd. to make a purchase, we cannot cancel or stop that Payment Transaction.
13.4 We are also not responsible for any complaints or disputes about products and/or services provided by other third parties or your ASPSP Provider. You should settle these with the relevant third party or ASPSP directly.
13.5 If you are an individual or micro enterprise and we have not replied to a duly submitted customer complaint within 15 days, then you may have a right to seek recourse from the Financial Ombudsman Service. The terms for seeking recourse from the Financial Ombudsman Service are stipulated in more detail on the website of the Financial Ombudsman Service at http://www.financial-ombudsman.org.uk.
13.6 If you are an individual you may also submit your complaint through the European Commission's Online Dispute Resolution website. The European Commission may then refer your complaint to the Financial Ombudsman Service. You can find more information at https://ec.europa.eu/consumers/odr/.
14. General
14.1 If any provisions of any Agreement are void, invalid or unenforceable, then it shall not cause the entire Agreement to be void, invalid, unenforceable or release the Parties from performing the remaining obligations of the Agreement.
14.2 Unless the right of enforcement is expressly granted, it is not intended that any provision of this Agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
14.3 You shall not have the right to transfer any rights or obligations under any Agreement to a third party without our consent.
14.4 You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent. We shall have the right to assign, transfer or novate the Agreement or any rights and obligations under any Agreement to a third party without your consent.
14.5 This Agreement and other documents referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the Services.
14.6 If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
14.7 Nothing in this Agreement shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and us, and/or other individuals or entities involved with providing the services under this Agreement.
By signing up for and using the Osu app, you agree to these terms. Please read our privacy policy. It explains how we’ll use your personal information and gives details about how we use cookies. The privacy policy is available at www.payosu.com/privacy-policy.
About Osu
You can use the Osu app to ask someone to make a payment to you by sending them a link, which will redirect them to make that payment directly to your bank account. The app also enables you to see what payment requests you’ve sent, and who has made payments to your bank account.
1. Information about the service
1.1 When you sign up to use Osu, we’ll ask you to enter your bank account details. This bank account is where any payments you’re sent via our payment checkout will go. We’ll store these details within the app, so you don’t have to enter them again.
1.2 Osu Ltd is a payment technology company, not an authorised Payment Initiation Services Provider (PISP). Osu Ltd is a company incorporated and registered in England and Wales with company number 10516109 whose registered office is 3 Brook Business Centre, Cowley Mill Road, Uxbridge, Middlesex, United Kingdom, UB8 2FX.
1.3 Payment Initiation Services within Osu Ltd.’s technology are solely provided by SafeConnect Ltd, a company incorporated and registered in England and Wales with company number 11598433, and authorised and regulated by the Financial Conduct Authority (FCA), with reference number 827001, whose registered office is 9 Appold Street, London, EC2A 2AP.
1.4 As an FCA authorised PISP, SafeConnect Ltd. provides AIS and PIS as set out in paragraphs 1(g) and 1(h) of Schedule 1 of the Payment Services Regulations 2017 (SI 2017/752) and defined in Regulation 2 of the Payment Services Regulations 2017 (SI 2017/752).
2. Data
2.1 You should read our privacy policy, which explains how we’ll use your personal information and sets out our rights and obligations in relation to relevant data protection laws. By agreeing to these terms, you also explicitly consent to us accessing, processing, and retaining any personal data we get as a result of providing this service to you.
2.2 Don’t worry – you can withdraw your consent at any time. If you do, we’ll stop using your data for this purpose, but we may need to continue to process your data for other purposes where we have other lawful grounds to do so – for example, where we are legally required to keep records of transactions.
2.3 We can view, monitor, and analyse any of your Osu-related activity.
2.4 The data you provide for the purposes of using Osu will only be stored for the duration of this agreement.
3. User requirements
3.1 Your right to access and use Osu is specific to you and isn’t transferable.
3.2 The information you provide us must be accurate, complete and up to date, and mustn’t give a false impression of your identity.
3.3 You shouldn’t use Osu or any software we provide for any unlawful purpose or in a manner that is inconsistent with this agreement. You shouldn’t copy, adapt, alter, modify, or reverse-engineer any part of Osu or allow someone else to do the same.
3.4 You must always keep any device used to access Osu secure.
4. Access / Availability
While we want you to be able to use Osu whenever you want, occasionally repairs, updates and maintenance on our systems may mean some or all of Osu won’t be available for a while, or may mean Osu is slow for a short time. If you suffer a loss because of this, we won’t be responsible for that loss.
5. Liability
5.1 Although we’ll always try and give you the best service possible, we aren’t responsible for any loss or damage you suffer if we can’t perform our obligations under this agreement because of any:
a. Legal or regulatory requirements; or
b. Unforeseeable or unusual circumstances which are outside our (or our agents’ and/or subcontractors’) control and which we couldn’t have avoided despite all efforts to prevent it – for example, industrial action or mechanical failure.
5.2 We’ll be responsible for any loss or damage you suffer if it’s a predictable outcome of us breaching this agreement, or if we fail to protect your information and keep it secure as required by relevant law(s). We’ll also be responsible for any obligation we’ve breached if we can’t limit or exclude that obligation as a matter of law.
6. Modifications to this agreement
6.1 We’ll usually let you know about changes we’re making to this agreement by email, but we might also let you know by using SMS, online notifications or any other appropriate messaging service.
6.2 As long as we give you at least 30 days’ notice in advance, we can:
a. change any of these terms, including introducing or changing a charge, or withdrawing Osu; or
b. end your use of Osu.
6.3 If we make a change to this agreement that benefits you, we can just tell you about this change at the time we make it.
6.4 Your notice period will start from the date we let you know about the change.
6.5 We can change this agreement for a reason set out below. If we do change this agreement, the change we make will be a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us:
a. to respond to a change, or a reasonably anticipated change, in regulatory requirements – for example, if the law changes, or our regulator changes its rules or provides updated guidance;
b. to reflect a change in the cost of providing Osu;
c. to reflect changes we have made to Osu; or
d. to do something that is to your advantage.
6.6 As this agreement has no fixed end date, we may also need to make changes to this agreement for other reasons that we can’t predict right now, but we’ll always explain the impact that change will have on you.
6.7 You don’t have to accept any changes – you can always end this agreement without explanation or charge by telling us before the change comes into effect. You can also end this agreement at any time after we make the change, but the change will apply to you until you do.
6.8 If you keep using Osu after the change is made, we’ll assume you’ve accepted the change.
7. Termination
7.1 This agreement will continue until you or we end it in the ways set out below.
7.2 You can end this agreement and your use of Osu at any time without explanation or charge by contacting us using the contact details set out in “How can you contact us?”.
7.3 We may suspend, restrict or stop your use of Osu where:
a. You’ve seriously or repeatedly broken the terms of this agreement;
b. We’ve reason to believe that you are engaging in, or facilitating, illegal activity;
c. You’ve provided us with false or materially incomplete information;
d. You’ve allowed someone else to use Osu to access your data;
e. You’ve behaved improperly towards us (for example, you’ve been threatening, abusing or harassing a member of staff);
f. You’ve caused us to, or may cause us to, break a law, regulation, code, or other requirement, obligation or duty that applies to us; or
g. There’s been, or we suspect there’s been, a breach of security or misuse of Osu.
7.4 We can also end this agreement and your use of Osu at any time without giving you a reason by giving you at least 30 days’ notice.
8. Contact information
8.1 You can get in touch with us by emailing us at info@payosu.com
8.2 If we need to contact you about Osu, we’ll normally do this via email.
8.3 We’ll also get in touch with you in any other way that is personal to you. This may include SMS, online notifications or any other appropriate messaging service.
8.4 Please tell us if your name or contact details change, including any email addresses, mobile phone numbers or other contact details, so we can keep in touch. If you don’t, we won’t be responsible if you don’t get any information or notices from us.
9. Complaints
9.1 We want to provide you with the best service we possibly can, so if you have a suggestion for how we can improve, or you’re disappointed with our service, we want to hear from you. Get in touch using the contact details set out in “How can you contact us?”.
9.2 We’ll acknowledge your complaint within three business days, and we’ll keep you informed of our progress until your complaint is resolved. If you’d like a copy of our complaints procedure, just contact info@payosu.com at any time.
9.3 You may also be able to refer your complaint through the European Online Dispute Resolution Platform (available at ec.europa.eu/consumers/odr/). This platform was established by the European Commission to provide an online tool for consumers to resolve disputes about goods and services purchased online.
10. General
10.1 All the information we give you, and every communication we have with you, will be in English.
10.2 If we choose not to enforce or rely on any of these terms at any time, we can still apply the terms again at any time.
10.3 If a court of competent jurisdiction says any part of this agreement is invalid, unlawful or unenforceable, that part of the agreement will be severed from the rest of the agreement (which means we won’t be able to enforce that part of the agreement). However, the rest of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.
10.4 We recommend that you print or download this agreement and keep a copy of it so you can look at it in the future. The most up to date version of this agreement is available on our website at www.payosu.com/terms-of-service or via our App by clicking on “Settings” then “Terms of Service”.
11. Applicable law
This agreement (and all our dealings with you before the agreement) is governed by the laws of England and Wales. Any dispute that arises regarding this agreement will be dealt with by any court in the United Kingdom that is able to hear the case.
Osu Referral Program – Terms and Conditions
Welcome to Osu’s Referral Program (the “Program”). The Program allows Osu Registered Users to earn money for new users they refer to Osu’s services.
By participating in the Program, you agree to the following Terms and Conditions (the “Terms”), which will become a part of the Osu Terms of Service (“ToS”). If you do not agree to the Terms, then we ask that you please refrain from participating in the Program. We reserve the right to modify these Terms at any time, at our discretion and without notice to you. Participation in the Program is considered acceptance of the Terms and any modification which might be made.
Definitions
Capitalized terms that are not defined here will have the same meaning given to them in the ToS.
“Referrer” - means a Registered User that participates in the Program under these Terms and is based in the UK.
“Referral Link” - means a link assigned by Osu to the Referrer from time to time to track Qualified Referrals referred by the Referrer.
“Referred User” - an Individual who registered to the Osu Service by using a Referral Link and is based in the UK.
“Osu” - OSU LTD
“Qualified Referral” - occurs when a Referred User registers to the Service and reaches a bona fide volume of transactions paid to their account in a minimum sum that will be determined by Osu from time to time, at its discretion.
Eligibility
An eligible Referrer must be a Registered User who completed at least one Transaction. If, at any time, your registration to the Service is cancelled, you will immediately and automatically cease to be an eligible Referrer.
An eligible Referred User must be an individual who is eligible to become a Registered User and has not previously signed up for the Service. We reserve the right to disqualify any Registered Users at any time from participation in the Program.
Employees of Osu, employees of its affiliated companies, and their respective immediate family members and household members are not eligible to enter the Program.
Program Participation
Registered Users of the Service have an opportunity to earn money for successfully referring other individuals to register to the Service. For the avoidance of doubt, Osu is not obliged to confirm the registration of any Referred User, and may, in its absolute discretion, deny such registration.
In order to refer new users to the Service, Osu will provide you with a unique Referral Link. You may send or provide this Referral Link to any eligible individual that may be interested to join our Service.
Any Referred User who registers to the Service by using the Referral Link that we provided to you, will be identified in our systems as obtained by your reference and attributed to you as a Referrer.
Please note that you must send the Referral Link and/or any marketing material according to the applicable terms of law, any applicable privacy and spam laws which prohibit the delivery of advertisements or commercial messages to addressees that did not give their prior written consent to that delivery. Osu will not endure any responsibility for any Referrer who violated the applicable terms of law when sending the Referral Link.
Rewards
We determine whether a Referred User qualifies as a Qualified Referral. By way of example, but without limiting our rights to decline a Referred User or disqualify him/her as Qualified Referral, to be considered a Qualified Referral, the following criteria apply to the bona fide transactions executed by the Referred User:
• The transaction(s) is/are not made to the Referrer;
• The transaction(s) is/are not made to the Referred User him-/herself;
• The transaction(s) is/are not made to a beneficiary of the Referrer or of other Referred Users referred by the same Referrer;
We retain the right, at all times and at our sole discretion, to supplement or change these criteria from time to time.
For each Qualified Referral attributed to you, you and the Referred User will earn a reward that will be determined by Osu from time to time and published within the Service (the “Reward”).
You will always be able to see the updated Reward in the App. The Reward will be added and/or applied to your User Account balance following the occurrence of the Qualified Referral, after our approval. We retain the right to withhold our approval at any time, for instance if we have reasons to believe that you as Referrer or the Referred User are violating the Terms of this Program and/or the ToS.
Reward Purpose
You and the Referred User may redeem Rewards in using the Service for the purpose of Transactions only and subject to the restrictions and limitations provided in these Terms and all other Osu ToS.
These Rewards cannot be exchanged for or withdrawn in cash or used for the purpose of third party payments. Any and all use of the Rewards shall not constitute a claim against Osu.
Use of materials
We may, at our sole discretion, provide you with marketing and promotional materials pertaining to the Service. We hereby grant you, during the term of this Terms, a non-exclusive, non transferable, limited right to reproduce or copy the provided materials, for the sole purpose of promoting and marketing the Service to potential users.
All goodwill and other benefits created through your use of the abovementioned materials shall inure solely to the benefit of Osu. Nothing herein shall grant you any ownership or title in these materials, but only limited rights of use as described above.
Restrictions
You must not interfere with or disrupt the administration of the Program or engage in any action that may manipulate the Program. As a Referrer, you must refrain from –
• Making any warranties and/or representations concerning the Service or Osu;
• Assume any obligation of any kind whether express or implied on behalf of Osu;
• Use our intellectual property rights, except as explicitly authorized under this Agreement;
• Violating any rules, guidelines or instructions that we may convey with respect to the Program or these Terms or the ToS;
• Interfering with or disrupting the functionality of the Service;
• Submitting false, inaccurate, deceptive or misleading information or damaging or tampering with the Program in any other way;
• Impersonating any person or entity, or making any false statement pertaining to your identity;
• Engaging in any activity that constitutes or encourages conduct that would constitute fraud, a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing securities or privacy;
• Engaging in any activity that is deemed in our sole discretion to be generally inconsistent with the intended operation of the Program.
We have the undisputed right to determine whether certain activity is considered suspected abuse, fraud or reach of these Terms or non-compliance with the intentions of the Program. We reserve the right to prohibit any Referrer from participating in the Program if we deem or suspect that the Referrer has engaged in or has attempted to engage in any of the prohibited activities. In any such case, we may reclaim any paid Rewards made to you, by means of deduction of any available balance in your User Account or otherwise.
Term
The term of these Terms will begin upon your acceptance of the Terms and will end when terminated. Osu may terminate this Agreement at any time, with or without cause, by giving you five (5) days prior written notice of termination.
Osu has the right, on its sole discretion, to cancel the Program at any time, to start a new Program or to renew a Program.
Indemnification
You will indemnify, defend, and hold Osu and its representatives harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Referrer of any of these Terms or any violation by the Referrer of applicable law.
Limitation of Liability
Osu will not be liable for any indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with these Terms or the Program, even if we have been advised of the possibility of such damages.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or a Referrer’s potential to benefit from the Program. In addition, we make no representation that the operation of the Service or the flow of benefits will be uninterrupted or error-free and Osu will not be liable for the consequences of any interruptions or errors.
Governing Law & jurisdiction
Regardless of incorporation or where you access or use the Service from, these Terms, your use of the Service and your participation in the Program, or in connection with Osu, will be governed by and construed in accordance with the laws of England & Wales, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than England & Wales, except for as subject to your local statutory rights.
The non-exclusive jurisdiction and venue of any action, suit or legal proceedings, with respect to the Service, the Program, these Terms or Osu, shall be in the competent courts of England and Wales, without prejudice to your right as permitted by law to also initiate such action or proceeding before the competent courts in your country of residence.
You hereby expressly consent to the above limitations on jurisdiction and venue of such courts, and any objections related thereto, including objections on the grounds of improper venue, lack of personal jurisdiction or forum non conveniens.
Version: 1.1, last updated July 2021