Privacy & Terms

OMEDZA.com, Inc Privacy Policy

Your privacy is important to us. It is OMEDZA.com, Inc's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website,https://www.OMEDZA.com, and other sites we own and operate such as https://www.OMEDZA.net, and others.

Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use a website or online service.

Please note that if you sign up for an OMEDZA account using an email address from your employer or another entity, then (a) you will be deemed to represent such party, (b) your click to accept will bind your employer of that entity to these Terms, and (c) the word "you" in these Terms will refer to you, your employer, and that entity.

These Terms are effective as of the date you first click "I agree" (or similar button or checkbox) or use or access to OMEDZA or any of its solutions, whichever is earlier (the "Effective Date"). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking "I agree" (or similar button or checkbox) at the time you register with OMEDZA, create an OMEDZA account, place an Order, or receive a Payment.

In the event our site contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our site.

This policy is effective as of 24 February 2023.

Last updated: 06 October 2023

Information We Collect

Information we collect falls into one of two categories: "voluntarily provided" information and "automatically collected" information.

"Voluntarily provided" information refers to any information you knowingly and actively provide us when using or participating in any of our services and promotions.

"Automatically collected" information refers to any information automatically sent by your devices in the course of accessing our products and services.

Log Data

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit.

Additionally, if you encounter certain errors while using the site, we may automatically collect data about the error and the circumstances surrounding its occurrence. This data may include technical details about your device, what you were trying to do when the error happened, and other technical information relating to the problem. You may or may not receive notice of such errors, even in the moment they occur, that they have occurred, or what the nature of the error is.

Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.

Device Data

When you visit our website or interact with our services, we may automatically collect data about your device, such as:

Device Type
Operating System
Unique device identifiers
Geo-location data

Data we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Personal Information

We may ask for personal information — for example, when you subscribe to our newsletter, application, or when you contact us — which may include one or more of the following:

Name
Email
Date of birth
Phone/mobile number
Home/mailing address
SSN
Tax ID or EIN
Company Name
Company Address

Transaction Data

Transaction data refers to data that accumulates over the normal course of operation on our website or application platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our services.

Legitimate Reasons for Processing Your Personal Information

We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.

Collection and Use of Information

We may collect personal information from you when you do any of the following on our website:

Register for an account
Purchase a subscription
Perform Transactions
Enter any of our competitions, rebate programs, contests, sweepstakes, and surveys
Sign up to receive updates from us via email or social media channels
Use a mobile device or web browser to access our content
Contact us via email, social media, or on any similar technologies
When you mention us on social media

We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

to provide you with our platform's core features and services
to enable you to customize or personalize your experience of our website
to deliver products and/or services to you
to contact and communicate with you
for analytics, market research, and business development, including to operate and improve our website, associated applications, and associated social media platforms
for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
to enable you to access and use our website, associated applications, and associated social media platforms
for internal record keeping and administrative purposes
to run competitions, sweepstakes, and/or offer additional benefits to you
to comply with our legal obligations and resolve any disputes that we may have
to attribute any content (e.g. posts and comments) you submit that we publish on our website
for security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our terms of use
for technical assessment, including to operate and improve our app, associated applications, and associated social media platforms

We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, If you provide us with your location, we may combine this with general information about currency and language to provide you with an enhanced experience of our site and service.

Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services.

For example, ensuring any passwords associated with accessing your personal information and accounts are secure and confidential.

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information as part of creating an account with us, we may retain this information for the duration your account exists on our system. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

Children’s Privacy

We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.

Disclosure of Personal Information to Third Parties

We may disclose personal information to:

a parent, subsidiary, or affiliate of our company
third-party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors, and payment systems operators
our employees, contractors, and/or related entities
our existing or potential agents or business partners
sponsors or promoters of any competition, sweepstakes, or promotion we run
credit reporting agencies, courts, tribunals, and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you
third parties to collect and process data
an entity that buys, or to which we transfer all or substantially all of our assets and business

Third parties we currently use include:

Analytics
MailChimp
Advertising
PLAID
EPN
AWS
NPI

International Transfers of Personal Information

The personal information we collect is stored and/or processed in United States, or where we or our partners, affiliates, and third-party providers maintain facilities.

The countries to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this privacy policy.

Your Rights and Controlling Your Personal Information

Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our website or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example processing transaction data), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach. Please contact us immediately through the contact form provided on our website or application or email us directly to privacy@omedza.com.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

Use of Cookies

We use "cookies" to collect information about you and your activity across our site to ensure security and user experience. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified.

Please refer to our Cookie Policy for more information.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

Limits of Our Policy

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.

If the changes are significant, or if required by applicable law, we will contact you (based on your selected preferences for communications from us) and all our registered users with the new details and links to the updated or changed policy.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)

Data Controller / Data Processor

The GDPR distinguishes between organizations that process personal information for their own purposes (known as "data controllers") and organizations that process personal information on behalf of other organizations (known as "data processors"). We, OMEDZA.com, Inc, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.

Legal Bases for Processing Your Personal Information

We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

Consent From You

Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. You may consent to providing your name and contact details for the purpose of entering a giveaway or promotion. While you may withdraw your entry at any time, this will not affect any selection or judging that has already taken place. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

Performance of a Contract or Transaction

Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, if you purchase a product, service, or subscription from or through us, we may need to use your personal and payment information in order to process and deliver your order.

Our Legitimate Interests

Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

Compliance with Law

In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

International Transfers Outside of the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your Personal Information

Restrict:You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability

You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion

You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. If you terminate or delete your account, we will delete your personal information within 60 days of the deletion of your account. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

Additional Disclosures for California Compliance (US)

Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.

To make such a request, please contact us using the details provided in this privacy policy with "Request for California privacy information" in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organizations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.

Do Not Track

Some browsers have a "Do Not Track" feature that lets you tell websites that you do not want to have your onlineactivities tracked. At this time, we do not respond to browser "Do Not Track" signals.

We adhere to the standards outlined in this privacy policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.

Cookies and Pixels

At all times, you may decline cookies from our site if your browser permits. Most browsers allow you to activate settings on your browser to refuse the setting of all or some cookies. Accordingly, your ability to limit cookies is based only on your browser’s capabilities. Please refer to the Cookies section of this privacy policy for more information.

CCPA-permitted financial incentives

In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.

Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California Notice of Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the California Consumer Privacy Act:

Identifiers, such as name, email address, phone number account name, IP address, and an ID or number assigned to your account.
Customer records, such as billing and shipping address, and credit or debit card data.
Commercial information, such as products or services history and purchases.
Audio or visual data, such as photos or videos you share with us or post on the service.
Geolocation data.
Employment and education data, such as data you provide when you apply for a job with us.

For more information on information we collect, including the sources we receive information from, review the "Information We Collect" section. We collect and use these categories of personal information for the business purposes described in the "Collection and Use of Information" section, including to provide and manage our Service.

Right to Know and Delete

If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or selling the personal information; and
The specific pieces of personal information we have collected about you.

To exercise any of these rights, please contact us using the details provided in this privacy policy.

Shine the Light

If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s "Shine the Light" with third parties and affiliates for their own direct marketing purposes.

To receive this information, send us a request using the contact details provided in this privacy policy. Requests must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code.

Contact Us

For any questions or concerns regarding your privacy, you may contact us using the following details:

privacypolicy@omedza.com

OMEDZA.com, Inc Terms of Service

These Terms of Service govern your use of the website and application located at https://www.OMEDZA.com and https://www.OMEDZA.net and any related services provided by OMEDZA.com, Inc.

By accessing https://www.OMEDZA.com or https://www.OMEDZA.net, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. You indicate your assent to these Terms by clicking "I agree" (or similar button or checkbox) at the time you register with OMEDZA, create an OMEDZA account, place an Order, or receive Payment for an order. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by OMEDZA.com, Inc.

We, OMEDZA.com, Inc, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication. You agree to be bound to any changes to this Agreement when you use the website or application after any such modification is posted.

These Terms of Service were last updated on 21 July 2023.

Limitations of Use

By using this website or application, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

provide any information that is not truthful and accurate;
attempt to use the website or application if you are under the age of 18 years old;
modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
remove any copyright or other proprietary notations from any materials and software on this website;
attempt to access another user’s account;
upload or transmit viruses, worms or any other destructive code;
transfer the materials to another person or "mirror" the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service OMEDZA.com, Inc provides;
use this website or its associated services to commit any type of fraud;
use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

You agree to immediately (a) and fully cooperate with OMEDZA to investigate any suspected illegal, fraudulent, or improper activity on the part of a OMEDZA user, a supplier, a buyer, or any other third party and (b) inform OMEDZA at least 30 days’ prior to any material change to your business (including any change of control).

You agree that if you participate in a transaction with a OMEDZA user and that user sells or assigns all rights, title, and interest in a receivable to us that is owed by you to that OMEDZA user, we acquire and obtain all rights that the user has with respect to that sold receivable whether it be a product or service.

Intellectual Property

The intellectual property in the materials contained in this website and application are owned by or licensed to OMEDZA.com, Inc and are protected by applicable intellectual property, copyright, and trademark law. We do not grant our users permission to download copies of the materials provided on our website or applications.

OMEDZA does not grant a license to its users, nor a transfer of title. Use of the OMEDZA website or applications shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by OMEDZA.com, Inc at any time.

Confidential Information

For purposes of this Terms of Service, the "Confidential Information" of a Providing Party means any type of information of the Providing Party regardless of the form of disclosure (e.g., whether written, oral, graphic, electronic, or visual) which is disclosed by the Providing Party to the Receiving Party in relation to the Purpose during the term of service and which either (i) is clearly marked as "confidential" or "proprietary" at the time of such disclosure, or (ii) consists of information that should be reasonably understood by the Receiving Party to be the confidential information of the Providing Party; provided, however, that "Confidential Information" shall not include the information described in the immediately succeeding paragraph below. Subject to the foregoing, "Confidential Information" may include without limitation the following types of information (whether or not in writing or designated as confidential): transactions, data, records, reports, drawings, tapes, concepts, inventions, innovations, ideas, plans, specifications, formulas, research, interpretations, analyses, forecasts, proposals, business strategies, methods, trade secrets, financial information, statistics, personnel information, marketing and sales information, product and/or pricing information, customer and/or potential customer lists and information, customer orders and related documentation and information relating to vendors and/or potential vendors.

Notwithstanding the foregoing, the following types of information shall not be included within the definition of Confidential Information hereunder: (a) information which, at the time of disclosure, is or was in possession of the Receiving Party as substantiated in writing; (b) information which, subsequent to the time of disclosure, enters the public domain without breach of this Agreement; and/or (c) information that is required to be disclosed pursuant to any statute, regulation, order, subpoena or document discovery request, or in response to an inquiry or request of any governmental or regulatory agency or self-regulation organization, provided that, to the extent not prohibited by applicable law, rule or regulation, notice of such disclosure is furnished to the Providing Party as soon as practicable in order to afford the Providing Party an opportunity to seek a protective order (it being agreed that if the Providing Party is unable to obtain or does not seek a protective order and the Receiving Party is legally compelled to disclose such information, disclosure of such information may be made without liability).

Confidential Treatment; Non-Disclosure

The Receiving Party hereby acknowledges and agrees that all such Confidential Information shall be and remain at all times the sole and exclusive property of the Providing Party. The Receiving Party further covenants and agrees: (i) to treat, the Providing Party’s Confidential Information as confidential and cause its Representatives (as defined below) to treat the Providing Party’s Confidential Information as confidential; (ii) not to, without the written consent of the Providing Party, make the Providing Party’s Confidential Information available to third parties other than the Receiving Party’s directors, officers, employees, managers, working committee members and advisors (collectively, its "Representatives"); and (iii) not to use such Confidential Information for the purpose of competing with the Providing Party.

Return of Confidential Information

Upon the Providing Party’s written request, the Receiving Party shall promptly return to the Providing Party, or destroy, all Confidential Information of the Providing Party disclosed hereunder, including all copies thereof; provided, however, in the event the Receiving Party elects to destroy the Providing Party’s Confidential Information, such destruction will be certified in writing by an authorized representative of the Receiving Party. Notwithstanding the foregoing, the Receiving Party shall be permitted to retain copies of the Confidential Information to the extent required by applicable law, rule or regulation; provided, however, that any Confidential Information so retained shall be kept confidential for so long as it is retained.

Reasonableness; Injunctive Relief

The parties acknowledge and agree that the terms and provisions of this Agreement relating to the treatment of Confidential Information are reasonable in all respects, including, without limitation, geographic scope and duration and, if breached by either party, would cause irreparable harm to the other party hereto, for which damages would be difficult or impossible to calculate. This Agreement, therefore, shall be enforceable by injunction or other equitable relief.

Standard of Confidentiality Protection

At all times, the Receiving Party will protect the confidentiality of the Providing Party’s Confidential Information. The minimum standard for protection thereof shall be that degree of protection, and those measures intended to implement such protection, as the Receiving Party affords its own most secret or highly confidential information, but in any event no lesser standard than that which a reasonable person would utilize with respect to its own trade secrets or highly confidential information.

Liability

Our website and applications and the materials on our website and applications are provided on an 'as is' basis. To the extent permitted by law, OMEDZA.com, Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, fraud of any kind, or non-infringement of intellectual property, or other violation of rights. You must notify OMEDZA immediately of any breach of security or unauthorized use of your account.

In no event shall OMEDZA.com, Inc or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website, or any of its applications, or the materials on this website, even if OMEDZA.com, Inc or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

SALE OF PRODUCTS AND SERVICES

Suppliers

Suppliers within the OMEDZA application are in the business of designing, developing, manufacturing, distributing, marketing, and selling goods and related services. Each supplier participating in the OMEDZA application acknowledges that OMEDZA is an authorized reseller of each Supplier with respect to such Supplier’s goods and services . Each Supplier agrees to appoint OMEDZA as agent to assist in facilitating the sales, marketing and payment for certain of Supplier’s products through OMEDZA and/or one of its partners through the OMEDZA application. In its role as authorized reseller, OMEDZA shall pay Supplier for and take title to those certain goods ordered by Buyer.

Buyers participating in the OMEDZA application agree to pay OMEDZA for any goods or related services ordered through the OMEDZA application. As part of the purchase order for any such goods and/or related services, Buyer agrees that the delivery of the ordered goods and/or related services shall be fulfilled directly by Supplier. Notwithstanding the foregoing, Supplied hereby acknowledges that OMEDZA shall be the seller of record for any such goods and related services purchased through the OMEDZA application.

Banking, Transactions, Payments and Credit

Some of the products and services offered on the website or application via OMEDZA or a third party may require the payment of fees, interest, and other amounts. These charges for products or services may be subject to separate agreements and invoices into which you may enter prior to participating. If you elect to engage in a transaction where payment may be made due to an authorized purchase order number or agreement, you shall pay all applicable amounts, as described on the invoice in connection with such transaction. OMEDZA reserves the right to change its fees and at any time, subject to applicable law. You authorize OMEDZA directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such transactions. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the transactions, services, products, and payments made by you to OMEDZA.

To use the OMEDZA Website or application(s), one of our third party vendors and/or partners may require that you provide details about an account at a U.S. depository institution owned by you and held in your name. You must maintain this account in good standing, and it must be able to accept incoming ACH debits in order to use the Services. You agree to notify OMEDZA in writing 14 days in advance of any change to this account.

You further agree that we or our financial institution partner may initiate a Credit Card or ACH debit from your account for any amounts owed to us by you or to correct any errors in prior Credit Card or ACH debits. In the event we credit or debit your account more than the amount due we may make any adjustment necessary.

As part of the transactions you may engage in, OMEDZA, in its sole discretion, may agree to offer certain terms for payment to you in connection with said transaction. In the event we takeover a receivable from a user that reflects amounts owed by you to the user, we may permit you to extend the payment due date past the original due date reflected in the original invoice provided or agreement. OMEDZA may, in its sole discretion, decline to offer additional payment terms or to offer certain payment terms for only part of your outstanding balance owed. Amounts owed to OMEDZA through agreed upon invoices where a purchase order was provided to the originator will reflect a debt owed by you to us that we may collect in accordance with applicable law.

You agree based on transactions you may engage in are a debt owed by you to OMEDZA. You agree that moneys owed to us by you are due to OMEDZA on or after the due date. If you fail to pay us amounts owed by the due date stated on an invoice or in other written agreements or communications, you agree to pay us a late fee, in the sum indicated, per month that the debt, or a portion thereof, remains unpaid and outstanding.

In connection with your use of the transaction you may engage in, you may be required to pay us money by a due date, provided to you in writing via invoice or notification. If you fail to make a required payment to us, you acknowledge and agree that OMEDZA or its agents may pursue any and all legal means to collect funds owed to us by you. If your company is a sole proprietorship, we reserve the right to seek to collect funds from you personally.

You understand and authorize us to provide information about you to credit reporting agencies. If you fail to comply with any of the terms of any agreement you have with us, we may report this negative information to one or more credit reporting agencies, which may have a negative impact on your credit report. If you believe information we have given to a credit reporting agency is incorrect, please explain in writing the specific information you believe is incorrect and send it to us at our contact address listed on our website.

In order to use the payment functionality of the OMEDZA application, you must open a "PLAID Account" provided by PLAID, Inc. and you must accept the PLAID Terms of Service and Privacy Policy. Any funds held in or transferred through your PLAID Account are held or transferred by PLAID's financial institution partners. You must be at least 18 years old to create a PLAID Account. You authorize OMEDZA to collect and share with PLAID your personal information including full name, [date of birth, social security number, physical address,] email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your PLAID Account through the OMEDZA application, and PLAID account notifications will be sent by OMEDZA, not PLAID. OMEDZA will provide customer support for your PLAID Account activity, and can be reached at https://omedza.com/contact/, omedza@omedza.com and/or 1-877-599-8777.

User Credits Generally.

When you use the OMEDZA Kiosk ("Kiosk") you will accumulate credits. OMEDZA may make available to you from time to time through the OMEDZA application offers on certain products and services based on how many credits you may have accumulated (each an "Offer"). When you redeem an Offer through the application, you will diminish the number of credits in your OMEDZA account ("Credits"). Each Offer may be subject to Additional Terms and may be discontinued by OMEDZA at any time without notice. At any time and in OMEDZA's sole discretion, OMEDZA may: (i) limit the number of Offers you are able to select; (ii) determine whether or not you are eligible to redeem an Offer; (iii) determine whether or not you have earned Credits; or (iv) adjust your Credits total to accurately and fairly reflect the Credits that you have actually earned. OMEDZA may, in its sole discretion, deduct from your OMEDZA account any Credits that OMEDZA determines you have not earned or you have earned in violation of these Terms. Prior to distribution, Credits have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Credits except as made available by OMEDZA .

Credits Redemptions and Minimum Credits Level.

Once you have accumulated at least Ten Thousand Dollars (US $10,000.00) in Credits in your OMEDZA account (the "Minimum Distribution Amount"), you may elect to have OMEDZA distribute your Credits via one or more of the available distribution options as shown in the OMEDZA TPS application. The available distribution options are subject to change without notice to you, in accordance with these Terms, and you have no vested right to any particular form or method of distribution. You may not Redeem any Credits, and you may not obtain any cash, money, or anything of value in exchange for your Credits prior to reaching the Minimum Distribution Amount, or if subsequently your Credits fall below the Minimum Distribution Amount, for as long as your Credits remain below the Minimum Distribution Amount. For each distribution option made available by OMEDZA to you through the Services, OMEDZA displays to you within the OMEDZA TPS application the Minimum Distribution Amount at any given time, in which case that Minimum Distribution Amount will apply. The Minimum Distribution Amount is subject to change by OMEDZA at any time. OMEDZA may, at its sole discretion, limit the amount of Credits that you can distribute in any given period of time or for any particular transaction. If you elect to close your OMEDZA account and you have undistributed Credits that meet or exceed the Minimum Distribution Amount, you will be expected to distribute such Credits prior to closing your account, and you must distribute those Credits even if this means you must distribute your Credits in the payout option with the lowest minimum distribution amount. If your account is removed or deactivated by OMEDZA, and if you fail to properly distribute your Credits in accordance with these Terms when closing your account, or if at the time of closing you have less than the Minimum Distribution Amount in your account, any rights you have to the Credits in your account will terminate and you will no longer be eligible to receive a distribution of such Credits.

Third-Party Payment Providers and Credits Cash-out.

Certain distribution options may be provided by licensed money transmitters authorized by OMEDZA to operate in connection with the Services ("Authorized Money Transmitters") and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the "Payment Provider Terms"). When you elect to distribute Credits through an Authorized Money Transmitter, you further agree (i) that OMEDZA is acting as your agent with respect to the payment processing, and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.

Bonuses.

From time to time, OMEDZA may introduce special bonuses or incentives that may be available to you in connection with the Kiosk ("Bonuses"). Such Bonuses may include, for example, a referral bonus to refer others to OMEDZA, using a personal referral code or URL ("Referral Bonus"). You will not be eligible to earn Referral Bonuses if you invite other users who share the same mobile device or if they create multiple accounts in an effort to earn Referral Bonuses for inviting themselves, or if you publish your personal referral code on a public website, store, or forum for the purposes of referring people who you do not know personally. You represent and warrant that you will only refer OMEDZA to those individuals whom you know personally. Failure to comply with the requirements of this Section is a violation of these Terms and shall be grounds for OMEDZA to terminate your account, rescind any Referral Bonuses, reverse or correct your Credits balance, and/or take other actions as appropriate. Where you cannot produce examples of how you made referrals, including screenshots of where you made referrals, OMEDZA reserves the right to decline to award to you Referral Bonuses, rescind Bonuses, demand repayment of Credits credited, or take other remedial actions.

Kiosk Usage.

In order to maximize the amount of Credits earned vendors visiting the facility where the Kiosk is placed must process their sales order through the OMEDZA Kiosk only. Maintenance of the Kiosk is required to remain fully operational (which may also require you to follow our technician’s instructions). Please note that the net purchase amount generally excludes taxes, fees, shipping, discounts or credits, returns or cancellations and extended warranties.

A list of exclusions is included in the Additional Terms associated with each Offer and is subject to change without notice. Additionally, to earn Credits, you must complete your purchase during the same calendar month on the sales order approval link associated with the Offer and may be required to complete your purchase within a required amount of time. If a vendor visits other mobile apps or websites OMEDZA provides, your purchase might receive less Credits other than OMEDZA’s Kiosk services and you might not earn a Reward on your purchase.

Taxes.

Depending on applicable federal, state, and local tax laws, your distribution of Credits may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Credits and you agree to provide OMEDZA with information OMEDZA requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by OMEDZA as a result of your action or inaction in connection with the foregoing (including your failure to provide OMEDZA with information). You agree that OMEDZA is authorized to offset such tax liability from your Credits.

Indemnification

As an OMEDZA user you agree to defend, indemnify and hold OMEDZA harmless, including payment of reasonable attorney’s fees, against any claim or demand made or incurred by any third party, including but not limited to another OMEDZA user, arising out of or relating to (a) your breach of any provision of this Agreement; (b) your use of or our website or application; (c) your obligations to pay fees or fines to OMEDZA; (d) negligence or willful misconduct of your affiliates, employees, contractors, or agents; (e) any purchases of products or service by you from an OMEDZA user; (f) any fraud committed against you or the organization you represent by an OMEDZA user; (g) any violation of law by the organization you represent; and (h) all third-party indemnity obligations OMEDZA incurs as a direct or indirect result of your acts or omissions.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. OMEDZA.com, Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

OMEDZA.com, Inc has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by OMEDZA.com, Inc of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website, and applications, and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Electronic Signature

You agree that by using the OMEDZA website, kiosks, or application constitutes your electronic signature. You also agree that your electronic consent has and will have the same legal effect as a physical signature.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Disputes

Any dispute or claim relating in any way to your use of any OMEDZA website or application will be adjudicated in the state or Federal courts in Palm Beach County, Florida, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Delaware. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

OMEDZA.com, Inc Cookie Policy

We use cookies to help improve your experience of our website at https://www.OMEDZA.com and https://www.OMEDZA.net. This cookie policy is part of OMEDZA.com, Inc's privacy policy. It covers the use of cookies between your device and our site(s).

We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://www.OMEDZA.com. In such a case, we may be unable to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the cookie’s purpose, and the lifespan of the cookie itself.

Cookies are used to enable certain features (e.g. logging in), track site usage (e.g. analytics), store your user settings (e.g. time zone, notification preferences), and to personalize your content (e.g. advertising, language).

Cookies set by the website you are visiting are usually referred to as first-party cookies. They typically only track your activity on that particular site.

Cookies set by other sites and companies (i.e. third parties) are called third-party cookies They can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

Essential cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, transaction management, inventory management, shopping carts, and payment processing.

We use essential cookies to enable certain functions on our website.

Performance cookies

Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. They do not collect personal information about you.

We use performance cookies on our site.

Functionality cookies

Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). With this information, websites can provide you with customized, enhanced, or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.

We use functionality cookies for selected features on our site.

Targeting/advertising cookies

Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service.

We use targeting/advertising cookies on our site.

OMEDZA.com, Inc Acceptable Use Policy

This acceptable use policy covers the products, services, and technologies (collectively referred to as the "Products") provided by OMEDZA.com, Inc under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

OMEDZA.com, Inc customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on 24 February 2023.

Fair use

We provide our facilities with the assumption your use will be "business as usual", as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users ("end-users") to likewise engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer user — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited Activity

Copyright infringement and access to unauthorized material

Our Products and Tools must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorized message activity

Our Products and Tools must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction ("spam"). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products and Tools must not be used for the purpose of running unconfirmed mailing lists or telephone number lists ("messaging lists"). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be "confirmed opt-in". Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

Unethical, exploitative, and malicious activity

Our Products and Tools must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our Products and Tools must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. "hacking", "cracking", "phreaking", etc.).

Our Products and Tools must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products and Tools must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
Any act or omission in violation of consumer protection laws and regulations;
Any violation of a person’s privacy.

Our Products and Tools may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorized use of OMEDZA.com, Inc property

We prohibit the impersonation of OMEDZA.com, Inc, the representation of a significant business relationship with OMEDZA.com, Inc, or ownership of any OMEDZA.com, Inc property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

the date the customer uses our Products after we publish the revised version on our website; or
30 days after we publish the revised version on our website.