Terms and Conditions for using Ominto Online Services
Effective Date: 26 August 2020.
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, ARBITRATION OF DISPUTES AND YOUR INDEMNITY TO US. BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These "Terms" govern your use of the Ominto website and all related services and features such as widgets, applications, browser extensions, content and downloads that are available through this website or that post these Terms (the "Shopping Site" or "Site") regardless of how you access or use it. Ominto Limited, 22 Northumberland Road, Ballsbridge, Dublin D04ED73, Ireland with registered number 229339 at the Companies Registration Office of Ireland or its subsidiaries and/or affiliates (collectively, "Ominto", "us" or "we") operate this Site. The Site may be located at www.dubli.com or may be hosted under any other domain Ominto or its partner(s) elect to operate the Site at.
You are obligated to gain a complete understanding of the Terms and the functions and operation of the Site. The Ominto FAQ's, as well as the How Does Cash Back Work? section, can be an aid in this purpose. In the event any FAQ comments, Site content, or any statements by our Customer Service Team conflict with these Terms, these Terms will govern.
Ominto Limited and its subsidiaries, affiliates and associated entities listed below include Ominto Inc, BSP Rewards Inc, Ominto India Private Limited, Ominto Japan GK, Ominto E-commerce Ltd., Dublicom Limited, Dubli Network Limited, Dubli Japan GK, Dubli India Private Limited, Dubli Pakistan Private Limited, Dubli E-commerce Ltda, Dubli DMCC, CG Holdings Ltd (collectively, "Ominto Group Companies").
§1.Validity, Compliance and Changes to Terms
(1) These Terms serve to regulate the contractual and operational relationship between you and Ominto. They apply to every user, whether they are natural persons or legal entities. By using the Site, you declare your consent with these Terms. In addition, you will be requested to expressly accept the currently valid Terms at various points of the Site. Regardless of whether or not you are so requested or do not explicitly agree, if you access and use the Site other than to read these Terms, you are bound by them.
(2) Ominto reserves the right to change these Terms prospectively, at any time and without any reason, ("Updated Terms"). You may be notified of Updated Terms by email or otherwise; however, you agree that we may notify you of the Updated Terms by simply posting them on the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms each time before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Site from that point forward.
§2.Eligibility, Account Registration
(1) Those eligible to use the Site, earn Cash Back (defined in Section 5 below) and purchase paid memberships offered by us are natural persons the age of majority (i.e., old enough to enter a binding contract) in the jurisdiction in which they are located, and in no event younger than 18 years of age and legal entities duly incorporated and in good standing in the jurisdiction in which they are located.
(2) In order to use this Site, you are required to register a user account. Basic membership is free. You are only permitted to register once and must provide your accurate name, residential address and other requested information. All submitted information must be true. You are obliged to keep passwords confidential and not share your account with others. Ominto will neither request your passwords by email nor by telephone. You are liable for any third-party use of your user account and your password, so keep them secure.
§3.Expulsion of Users, Inactivity & Change of Offers
(1)Ominto has the discretion to immediately expel a user, or suspend or terminate a user’s account or licenses in its business judgment, including, without limitation, if the user has violated legal regulations, third-party rights, these Terms; or has violated, endangered, or infringed upon a legitimate interest of Ominto, particularly in case of outstanding payments or other matters for the protection of other users.
(2)Ominto may terminate an account and void all previous Cash Back earnings in the event of inactivity, ie no Qualified Purchases occurred for a period of 2 years (24 months) or more. Accounts here-in terminated will not be reinstated and the voided transactions are permanently forfeited.
(3) Ominto is entitled to change (in particular to reduce or suspend) its services or offerings, including, but not limited to, changing its fee schedule, product and service pricing and Cash Back percentages, in its sole discretion at any time and without prior notice. Ominto may also at its absolute discretion discontinue the Site or any aspect of it at any time.
§4.Use of Site Generally
If you comply with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to download, copy, display, view and use the Materials (defined in Section 18 below) available on the Site for the purpose of viewing the Site and using our services so long as you do not do any of the following:
- remove, alter, or obfuscate any trademark, copyright and other proprietary notices contained in the Materials;
- without the prior written consent of Ominto, make derivative works of, or commercially distribute or otherwise exploit the Site or any of its Materials, or use the Site or any of its Materials in a manner that inaccurately suggests an association between you and us or our licensors;
- reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site, or attempt to discover any source code that the Site uses to generate its content or any software or other products or processes accessible through the Site;
- insert or attach any code, device, technology or product to the Site or Materials including, without limitation, those that monitor the Site or its users, or negatively affect any user’s experience of the Site or otherwise negatively affect the Site, its users or us;
- use any meta tags or any other "hidden text" utilizing any Ominto trademarks or trade names;
- engage in any activities through or in connection with the Site that seek to attempt to, or do, harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to us;
- engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Ominto, or other users of the Site;
- interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site or the Materials;
- monitor, gather, copy, or distribute such Materials (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Site by using any robot, rover, "bot," spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- frame or utilize framing techniques to enclose any such Materials (including any images, text, or page layout);
- upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; or
- otherwise use or exploit the Site or any Materials in any way for any purpose except as specifically permitted by these Terms without the prior written consent of an officer of Ominto.
§5.Cash Back Shopping
(1) Ominto has partnered with various third party online stores ("Stores"; each a "Store") and provides this Cash Back Shopping Site which allows you to earn back a portion of your online shopping spending at these Stores if conducted through the Site. Ominto is not the supplier of the goods and services listed in the different Stores on the Shopping Site. Ominto provides a link to the Store but you will conclude a purchase contract directly with the Store (see discussion of third-party links below). The identity of the Store as well as its terms and conditions are available on the website of the selected Store. A product purchased using the Site is covered by the applicable Store's return, exchange and shipping policies.
(2) Ominto does not guarantee the accuracy of details listed by third-party suppliers on the Shopping Site, in particular for product descriptions, availability and prices, as these are listed completely by the third-party suppliers. Should you identify an error, please notify our Customer Service Team. After investigating the complaint, Ominto will ask the respective Store to correct the error and – as the case may be – we will consider suspending the Store. In the event you find a Cash Back percentage that is unreasonably high or difficult to justify (for example 50%, 100% or 150%) Ominto shall not be obligated to honor that Cash Back percentage. The unreasonably high Cash Back amount will be replaced with the correct Cash Back amount and applied to your Ominto account. If you notice an unreasonably high Cash Back on our site, please contact customer service immediately.
(3) All registered users of the Ominto Shopping Site earn Cash Back on their Qualified Purchases (defined hereafter) at participating Stores. If you shop through the Ominto Shopping Site, whether you are a free or paid member (see Section 6) we will credit a certain percentage of the purchase amount ("Cash Back") to your Ominto account. Please note that Cash Back amounts are calculated based on the net purchase amount. The net purchase amount excludes (amongst others) taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended warranties. Ominto does not guarantee the Cash Back feature; Cash Back is only earned on Qualified Purchases. A "Qualified Purchase" is a purchase that a user has made at a Store after: (a) connecting to the Store via a designated link from the Site; or (b) opening the Mobile App and connecting to the Store via a designated from the App; or (c) clicking on Ominto’s browser extension indicator that appears when visiting a participating Store; or (d) clicking on a link in an e-mail from Ominto or its partners that goes directly to a Store; or (e) any time the Ominto browser extension redirects a user back to a Store and that is in all cases (a) to (e) above subsequently properly reported to Ominto by the Store and in all cases completing the purchase in that window without clicking out or opening any additional window(s). If a user is not properly logged in to the Shopping Site, Cash Back may be forfeited.
(4) With regard to Cash Back, please note the following restrictions:
- Cash Back on travel services will possibly not be granted until the travel is completed.
- Cash Back on subscription-based products or purchases that are bundled to subscription-based products may only be granted in the first month of the subscription and only on the core component of the bundle. Setup fees, costs for included equipment and other additional costs may not be subject to a Cash Back. The purchase of stamps is not subject to Cash Back.
- Cash Back will not be calculated on proportionately included postage and/ or shipping costs and other fees respectively (e.g. handling fees).
- The assessment base for the Cash Back is net, without VAT, sales tax, GST etc.
- Cash Back may not be granted for the purchase and/or redemption of gift cards.
- Ominto reserves the right to deny Cash Back if it was received in an improper or fraudulent way or in circumvention of our Terms. Please note that you must be logged in for the technical implementation of the Cash Back to work properly. Despite the use of developed technology, it is not always possible to guarantee a loss-free allocation of all purchases to your account. Should you miss any purchases, please report them by using the tab "Missing Purchase" for further investigation from the Store.
- Certain Stores exclude a limited number of products and purchases from Cash Back or have other conditions or restrictions – e.g. bulk orders.
- Additional restrictions not mentioned here may apply.
- Ominto can only pay Cash Back after we have received confirmation from the relevant Affiliate Network/ Partners regarding the Qualified Purchase.
(5) The user must check if all purchases are listed in his/her account and report all inquiries two weeks following the date of purchase at the soonest. The user is obligated to produce documentation or information in order to verify (i) the purchase, (ii) eligibility and/or (iii) compliance including but not limited the actual date of purchase, proof of purchase via Store-generated receipts, invoice, ID copy etc. and present them upon request. All claims must be made within ninety (90) days from the date of purchase.
(6) Ominto pays your available Cash Back 3 times per year (in March, July, and November) upon your request, which request must be submitted by you to Ominto during the month prior to the relevant payout month . Only one withdrawal per payout month is permitted. Depending on your location, Ominto may offer various payment methods and currencies. You do not have the right to use a particular payment method or currency and available methods may change without notice. The minimum amount of Cash Back eligible to be withdrawn is as follows, depending on the applicable account currency:
USD – 25
AUD – 30
EUR – 25
GBP – 20
BRL – 80
INR – 1000
You will be charged the transaction fee. The amount of time it takes to process a payment as well as the transaction fee varies by payment option.
(2) The VIP Rewards membership is for personal use only. Commercial use is prohibited and Ominto may restrict access or cancel your VIP Rewards membership at any time at its own discretion in case of any misuse.
§7.Refer-A-Friend Program ("the RAF Program")
(1)The RAF Program rewards you as an existing user with up to $10 per referral when you successfully refer your friends/ new users to the Site. Under our RAF Program:
(a)Subject to the eligibility criterion specified below, we will credit you with a $5 VIP RAF Referral joining reward ("VIP RAF Joining Reward") for each friend who registers for a fully-paid VIP Rewards membership under our annual billing plan (monthly payment plan excluded).
(b)We will credit you with a $5 referral cashback reward ("RAF Cash Back Reward") for each referred friend who meets the minimum Cash Back criterion as below.
(2)In order for you to qualify for the $5 RAF Cash Back Reward, each referred friend of yours who joins as a free user or a VIP Rewards member, must earn a minimum of $25 Cash Back within 6 months of joining.
(3)In order for you to qualify for the $5 VIP RAF Joining Reward for each referred friend, your friend must:
(a)Have successfully registered as a VIP Rewards member using the approved RAF Link and paid in full their VIP Rewards membership under our annual billing plan (monthly payment plan excluded); and
(b)Have remained as a VIP Rewards member for at least 30 days from their date of joining
(4)The VIP RAF Joining Reward and RAF Cash Back Reward are not applicable in conjunction with any promotional vouchers, offers, coupons or discounted rates as may be offered from time-to-time.
(5)You must be an existing registered user on the Site to make successful referrals and qualify for the referral rewards under this RAF Program.
(6)You must obtain your referral link (RAF Link) via our Site, then send the RAF Link to your friend who must click the RAF Link you sent, to create an account and join as free user or a VIP Rewards member.
(7)The RAF Program is not open for referrals made to existing users and members who are already registered as free or VIP Rewards members. (However, you will still be eligible for the RAF Joining Reward if your friend is an existing free member but upgrades to the VIP Rewards membership in accordance with section 7(3)(a) using the RAF Link you sent them).
(9)For the purposes of this RAF Program, Ominto has the sole discretion to determine whether a referral qualifies as a successful referral ("Qualified Referral").
(10)Once your referral is considered a Qualified Referral, you will be credited any applicable VIP RAF Joining Rewards and/or RAF Cashback Rewards into your membership account provided that your friend's transaction has successfully gone through and hasn't been refunded. To check your credit balance, visit your dashboard and check the amount displayed.
(11)You must redeem any VIP RAF Joining Rewards and/or RAF Cashback Rewards credits within 6 months of those credits being deposited in your account, following which time they shall automatically expire and be rendered null and void.
(12)Any cancellation or termination of your referred friend’s VIP Rewards membership for any reason within the first 12 months of their joining date will also result in reversal of any VIP RAF Joining Rewards and/or RAF Cash Back Rewards that may have been credited to your account.
(13)VIP RAF Joining Rewards and/or RAF Cash Back Rewards credits cannot be transferred, exchanged for any cash or money or sold.
(14)This RAF Program may be changed, altered or discontinued by us without prior notice at any time at our own discretion with or without any substitute or replacement.
§8.Order Acceptance, Payments
(1) If you purchase a VIP Rewards membership an agreement occurs only through your offer and an order acceptance by Ominto. You submit your offer online and Ominto declares its acceptance in an order acceptance via email to you or by delivering the service or product. An order confirmation is not an order acceptance declaration; it solely confirms that your order has been received.
(2) Depending on your location, Ominto may offer various payment methods. You do not have the right to use a particular payment method and available methods may change without notice. Depending on several business factors, we may decide to process your transactions/payments with one of our banking partners located outside of your country which may result in international transaction fees or other fees which the user shall be subject to and responsible to pay.
(3) We reserve the right not to provide VIP Rewards access until we have received the purchase price (including associated costs, i.e. taxes). Furthermore, your account shall be in good standing, meaning you have no outstanding balance with us. All incoming funds will first be credited towards the outstanding balance from prior purchases and, only thereafter, towards the purchase of new products/ services.
§9.Cancellation, Termination, Inactive Accounts
(1) If you are a consumer, you may cancel your paid membership, without reasons, within seven (7) days ("Cooling-off Period") after purchase in writing. The time limit commences when receiving the product or with purchase of the license or service, respectively. Cancellation requests must be sent to:
Attention: Customer Service Team
11555 Heron Bay Blvd, Suite 275
Coral Springs, FL, 33076, USA
or may be submitted online by using our contact form at https://support.dubli.com
(2) In the case of an effective cancellation under clause 9(1), we will reimburse payments for products, services and licenses, provided that they have not yet been used. Your right of withdrawal against the purchase of services or licenses is voided once they have been used proportionately or completely.
(3) You may terminate your free membership at any time. If you have not completed a Qualified Purchase for more than twelve (12) consecutive months, your account becomes inactive ("Inactive Account"). Ominto reserves the right to debit your Cash Back balance of your Inactive Account two dollars ($2) per month to recover the cost of account maintenance until (i) you reactivate your account by completing a Qualified Purchase, or (ii) your account balance is zero. If the balance in your Inactive Account is or becomes zero, Ominto may close the account permanently and cease to maintain your account records and Site access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to Ominto.
(4) In addition to taking the actions in clause 9(2), in the event of account inactivity (ie no Qualified Purchases occurred) for a period of 2 years (24 months) or more, Ominto may terminate the account and void all previous Cash Back earnings. Accounts here-in terminated will not be reinstated and the voided transactions are permanently forfeited.
§10.User Generated Content
(1) We allow Site users to post comments, reviews or other content in certain areas of the Site as well as on our social media sites. Any content posted on our Site or on our social media sites (i.e. Facebook), including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of Ominto or any person or entity associated with it. You agree that you will not use our Site to post any material, links to any material or files that are or contain material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise violate any applicable law, rules, regulations or Ominto policies. Ominto, nor any person or entity associated with it, will assume any responsibility for the contents, accuracy, completeness or validity of any information posted on or about our Site
(2) You further agree that: (a) you will not post or otherwise transmit any material that is copyrighted or subject to a third party's intellectual property rights without the express permission of the holder of such rights, unless such rights are owned by you; (b) you will not collect or store personal data about other users; (c) you will not use the Site for any commercial purpose not expressly approved by the Ominto in writing; and (d) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication.
(3) You agree to indemnify and hold Ominto, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of this section 10, or any violations thereof by your dependents or which arises from the use of content you submitted, posted, or otherwise provided to Ominto or this Site. Ominto reserves the right in its absolute discretion to terminate or suspend the accounts of users who infringe this section 10.
(4) You hereby grant Ominto a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit, create derivate works and otherwise use content and information you post on the Site for any purpose and in any media now known or hereinafter developed. You expressly agree that the Ominto is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You further agree that we may, but are not required to, moderate or review any content posted by you to the Site, and may edit or remove such content if we believe it violates these terms and conditions, or is otherwise inappropriate or objectionable. You also acknowledge that any information that you post to our Site may be viewable by other users, as well as visitors to our Site. Ominto is not responsible for the privacy of any information that you choose to post to our Site, any information that you disclose becomes public information.
(1) The Site may contain links to or from third-party websites ("Linked Websites"), including websites operated by third parties who may have business relationships with us. We may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and we do not assume any obligation to review any Linked Websites. We do not endorse, approve, or sponsor any Linked Websites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Linked Websites. Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Linked Websites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Websites) are solely between you and the third party and we disclaim all liability in connection therewith.
(2) We grant you the revocable permission to link to the Site; provided, however, that your web site, or any third-party websites that link to the Site: (a) must not imply that we or the Site are endorsing or sponsoring it or its products or services, unless an officer of Ominto has given prior written consent; (b) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm Ominto or its products or services; (c) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (d) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements and all applicable laws. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Site for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
(1) In case of a system failure or interference, or if we suspect any manipulation of our systems, our services may be (temporarily) interrupted and may continue after the removal of the error. We will exercise our discretion with respect to these matters.
(2) In all cases of system failure or interference, a claim to reimbursement does not apply. Ominto does not guarantee the continuous operation of the Site nor is Ominto responsible for damage resulting from the use (or lack thereof) of Ominto services by a user or third party. Likewise, Ominto is not responsible for damage resulting from technical defects or other issues.
(3) Ominto may, at its own discretion, cancel a transaction that has been affected by a system failure, or is otherwise, in its sole judgment, suspicious or compromised, and may finally reject such a transaction. Our determinations and judgments in connection with the operation of Site activities will be final and binding.
(4) You are solely responsible for your device and the services t