TERMS OF SERVICE
Welcome to OEM Extra. Before using our platform, it is important to understand our Terms of Service.
Accepting these Terms
This document, our rules, policies and the other documents referenced make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Lord International Ltd (“OEM Extra”). This contract sets out your rights and responsibilities when you use OEM Extra and our Service (the “Service” includes the “Website”), as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed) provided by OEM Extra. Please read them carefully.
BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
The Help Center is used to host policies in sections and provides clarifications to frequently asked questions (“FAQs”). We expect you to read our policies carefully.
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
Some important introductions for you.
Description of the Service
The Service is an online business-to-consumer marketplace. OEM Extra does not sell or purchase any goods itself, take possession of the goods, either for itself or on behalf of users or others. While OEM Extra may help facilitate transactions, users that list and sell items through the Service (“Sellers”) and users that purchase items through the Service (“Buyers”) are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means you) are collectively referred to herein as “Users” of the Service.
OEM Extra provides payment processing services through third-party service providers for items listed on its marketplace. Users can pay with and accept payment by credit card, debit card and other Financing options. Sellers may have funds from sales deposited into their designated bank account. Please remember, payment instruments and bank accounts can only be registered on one OEM Extra account at a time.
The Sellers are responsible for processing refunds, chargebacks or payment reversals. OEM Extra iis not and shall not be involved in disputes between Users.
By accepting these Terms, you acknowledge that you will provide accurate information to OEM Extra to comply with our regulatory requirements in providing payments services to you. Further, your acceptance of the Terms includes acceptance of our Privacy Policy.
Other Terms and Policies Which Apply
By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time apply to you (“Policies”). These Terms apply to all Users:
Privacy Policy
Prohibited Conduct
Electronic Communications Delivery Policy (E-sign Disclosure and Consent)
DMCA Policy
Law Enforcement Information
OEM Extra helps sellers in the UK sell, transact online. The following Terms may apply, depending on how you use our Service.
Seller Rules – If you list any items for sale, these additional Policies apply to you.
Buyer Rules – If you use our Service to browse or purchase, these additional Policies apply to you.
Intellectual Property Owners – If you are the owner or authorised agent of the owner of copyrighted or other protected intellectual property, the DMCA Policy describes your rights and obligations to have your content removed from the App.
Law Enforcement and Information Requests – If you are contacting us to request information about a User or Transaction from an authorised law enforcement agency this process applies to you.
Your Account with OEM Extra
You’ll need to create an Account with OEM Extra to use some features of our Service. If OEM Extra determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, OEM Extra may, at its sole discretion, take action, up to and including termination of your account. Additional information can be found in the Seller Policy, Prohibited Conduct and Prohibited Items Policies. If you have previously violated our Terms using another account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account.
Here are a few rules about Accounts with OEM Extra:
A User shall not use an Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all buyers or sellers accountable for violations of law, violations of these Terms and all applicable policies.
You must be 18 years of age or older to have an account
You may only register for and maintain one Account. Payment instruments and bank accounts can only be registered on one OEM Extra account at a time; they cannot be shared on multiple accounts.
You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, and/or a copy of your driver’s licence or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.
If you make purchases, you will be asked to provide information about your Payment Instrument(s), which may include a credit card, debit card, Account or Balance resulting from earnings from prior sales or another payment method permitted by us. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the Payment Instrument issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
If you complete a sale, you may withdraw your Account Balance to your bank account using Direct Deposit. It is your responsibility to ensure that your bank account information is entered correctly. We may be unable to recover money sent to an inaccurate bank account number using Direct Deposit.
You are solely responsible for any activity and listings on your Account. You also are responsible for ensuring your Account accurately reflects your current User Information.
You are responsible for all fees, chargebacks, payment reversals or refunds received by OEM Extra, even after you close your Account. Amounts owed may be removed from your Balance.
You are responsible for keeping your Account password secure. If you believe your account has been compromised please contact us at info@oemextra.co.uk.
Please visit our Help Center for questions about setting up an account with OEM Extra.
Termination by You
You may terminate your Account with OEM Extra at any time. Terminating your Account will not affect the availability of some of your listing content that you posted through the Service prior to your termination and completed transaction information. You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by OEM Extra, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of goods occurring prior to termination. OEM Extra -issued Credits are invalid and expire upon termination of your account.
Scope of License
The App and Website are licensed, not sold, to you for use only under our Terms. OEM Extra reserves all rights not expressly granted to you. OEM Extra hereby grants you a personal, limited, revocable, non-transferable licence to use the App and Website on a single compatible device that you own or control, solely for your own personal use.
You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.
You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third-party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.
The Service may include open source software or third-party software. Any such software is made available to Users under the terms of the applicable licences. Please refer to the Help Center Section for the applicable notices and licence terms.
Third-party Services and Linked Websites
The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by OEM Extra. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook) that enable you to export information to third-party services. You may also need to use a third-party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps) or use through our implementation of third-party buttons (such as “share” buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. OEM Extra is not a party to those agreements; they are solely between you and the third-party.
Your Content
Content that you post using our Service must be content you own or have the right to use (referred to as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third-party’s rights by posting it.
Permission to Use Your Content. By posting Your Content through our Service, you grant OEM Extra a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help OEM Extra function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account.
By posting Your Content, you grant OEM Extra a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote OEM Extra, or the Service in general, in any formats and through any channels, including across any OEM Extra Service or third-party website or advertising medium.
Reporting Unauthorised Content. OEM Extra has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If content that you own or have rights to has been posted to the Service without your permission and you want it removed, please contact us at info@oemextra.co.uk. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We will notify you if that happens.
Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on OEM Extra Service (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Prohibited Conduct Policy or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.
Your Use of Our Service
Licence to Use Our Service. We grant you a limited, non-exclusive, non-transferable and revocable licence to use our Service—subject to these Terms and the following restrictions:
Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licences and have proof of ownership or receipts if required; You may not use OEM Extra to list or sell items that violate any laws. You may not use OEM Extra Service to commit fraud, theft or any other crimes against OEM Extra, another OEM Extra user or a third-party. Please review our Prohibited Items Policy and Prohibited Conduct Policy for more details.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
Items You Purchase. OEM Extra does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent sellers, so OEM Extra cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release OEM Extra from any claims related to items sold through our Service, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. OEM Extra is not responsible for the decency, accuracy, copyright compliance, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content.
People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users. Please report Users who engage in Prohibited Conduct in the Help Center so we may review their account. Please also follow our Safety Guidelines.
Other Disclaimers/Warranties.
OEM Extra is dedicated to excellent customer service and the best user experience. But ultimately, things could go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.
Indemnity Provision
By joining the OEM Extra platform, you agree to indemnify and hold OEM Extra harmless from any liability, loss or damage, including but not limited to, attorney’s fees, they may suffer as a result of claims, demands, costs or judgments against them arising out of alleged violations of the Telephone Consumer Protection Act (TCPA) or similar laws, resulting from autodialed placed to an incorrect or reassigned phone number(s), originally belonging to you or which you provided to the clinic, but of which you failed to timely notify the Rally that such number(s) was incorrect or no longer assigned to you.
By joining the OEM Extra platform, you understand that you need not sign this form as a condition to purchase goods or services and that SMS/text messages and voice messages carry certain risks. For example, messages may be sent in unencrypted form. They could be received by others if others have access to your device or if my messages are sent to another device. You understand the risks, and you expressly consent to receiving these messages and ask OEM Extra to communicate with you in this form. You can choose to opt out anytime directly on your device by replying “STOP” to the text.
Suspension or Termination by OEM Extra
OEM Extra reserves the right to change, suspend or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law). For example, OEM Extra will promptly terminate without notice the Accounts of Users who are determined by OEM Extra to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.
If we terminate or suspend your Account or access to our Service:
You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
Funds may be held initially for 30 or 90 days based on risk. You may be required to provide additional information regarding your account, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released.
Funds may be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances: When (a) we provide a refund to a Buyer because a Seller did not deliver the goods or we otherwise determine that a refund is warranted in a particular circumstance; (b) we discover erroneous or duplicate transactions related to a Seller; (c) we receive a chargeback or payment reversal from a Buyer’s Payment Instrument issuer for the amount of a Buyer’s purchase from a Seller; or (d) a Seller does not act in accordance with OEM Extra’s Terms of Use including the sale of prohibited items and the creation of multiple accounts.
We may obtain reimbursement of any amounts owed by a Seller to OEM Extra by deducting from future payments owed to the Seller, reducing any credits from the seller’s OEM Extra Account Balance, charging any of the Seller’s Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorise us to use any or all of these methods to seek reimbursement.
OEM Extra will make refunds or other payments owed to you, as required by applicable law or regulation.
Buying and Selling Generally
Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct Policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by OEM Extra to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.
A Seller shall not purchase a product Seller themselves has listed. A Seller who wishes to withdraw a listing must do so per the procedures specified by OEM Extra in the Help Center Section.
Sales Contract. A sales contract for a product will be formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third-party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.
OEM Extra’s Role. Seller agrees that OEM Extra and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by OEM Extra of the purchase price (except for Buyer’s obligations in the event of a chargeback or other payment reversal).
Settlement to Sellers. When user ratings by both a Buyer and a Seller are complete, OEM Extra and its designated payment processor will process the payment to Seller. OEM Extra will make commercially reasonable efforts to credit Seller’s earnings Balance with OEM Extra within ten (10) business days of receipt of the settled payment proceeds by OEM Extra. OEM Extra shall transfer earnings to Seller’s bank account upon Seller’s request. OEM Extra may ask for Seller’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Seller’s User Information has been verified and confirmed.
For more information on our payment procedures, please refer to the Help Center Section.
Payments and Types
The OEM Extra platform is setup to allow each user to link their profile for both making and receiving payments through their bank of choice, PayPal, Apple Pay, as well as major credit cards such as but not limited to American Express, Mastercard, Visa.
Fees Generally
A User’s responsibility for bank transfer fees and other costs incurred to make or receive a payment shall be subject to the rules set forth in the Help Center Section.
All fees associated with a transaction and/or shipping are communicated to the User at time of transactions.
Learn more about OEM Extra fees in our Help Center.
Buyer Transactions and Fees
Any payment by a Buyer in connection with the Service shall be made through OEM Extra and its payment processor and the details of such payment or settlement shall be subject to the rules set forth in the Help Center Section. Purchases made by Payment Instrument through the Service are also subject to the terms and conditions between Buyer and the issuer of the Payment Instrument.
When Buyer requests to make a purchase, OEM Extra processes such transaction on behalf of the Seller, and Buyer authorises Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument. By agreeing to these Terms, you authorise OEM Extra and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. Refunds under a certain dollar amount may be issued in OEM Extra Credit rather than requiring a shipping return to the Seller and a refund to the payment instrument at OEM Extra’s discretion. If a sales contract is formed, the Buyer shall pay the total amount of the product price and any applicable shipping fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee.
If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee. If we are contacted by one of our shipping carriers and/or if OEM Extra is charged for postage or if OEM Extra is charged due to use of incorrect shipping labels or weight classifications, OEM Extra may remove the amount paid to the carrier on your behalf from your Account Balance.
You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with OEM Extra or its affiliates. OEM Extra and its affiliates are not parties to your payment transaction with the Seller. You also agree that OEM Extra shall not have any liability to you for any payments made through OEM Extra’s designated payment processor.
Seller Fees
OEM Extra charges a final sellers fee when your item sells. The fee is calculated as a percentage of the total amount of the final item sale. The fee rate is 7%.
Cancellation of a Transaction; Refunds
Cancellation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. However, OEM Extra may allow cancellation of an order if the Buyer does not make a payment or does not pay on time; the Buyer receives an item that is not as described in the listing, is sent the wrong item, or is sent a damaged item; if the Seller does not ship within 4 (four) days; or for other reasons OEM Extra deems appropriate.
If a Buyer receives an item that’s damaged, not as described in the listing or is sent the wrong item, the Buyer must report the problem to us within 3 (three) days of delivery, or within such longer time as required under applicable law or regulation, through “Contact Us” in the Help Center Section. Items may be returned to the Seller, as OEM Extra permits, for a refund.
Any refund will be issued to the original form of payment, or if a return of the item is not required, the buyer may be issued a refund in OEM Extra Credit. If the Buyer and Seller agree to a return after this determination, OEM Extra may be contacted to process the original form of payment. We do not provide refunds or returns for Prohibited Items.
Transactions where payment is sent outside of the OEM Extra platform are strictly prohibited by OEM Extra’s Terms and Conditions and not protected by OEM Extra. Listings or profiles soliciting such transactions are subject to removal without notice.
Transaction Records, Receipts and Customer Service
Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.
You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorised transactions, and for alerting OEM Extra of such events through Contact Us in the Help Center Section, contacting us via email at info@oemextra.co.uk.
It is your obligation to print or save a copy of your transaction history if desired.
In addition to reporting any issues directly to OEM Extra through Contact Us options in the Help Center Section.
No Interest
OEM Extra and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with OEM Extra. You assign to OEM Extra the right to earn interest on earnings or other funds maintained with OEM Extra and its bank, in consideration of your use of the Service.
Handling of Credits
A user may earn Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by OEM Extra. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable Credit campaign rules provided by OEM Extra. To the extent permitted by applicable law or regulation, OEM Extra may change the rules at any time, and may terminate the entire Credits system without any refund or other compensation for existing Credits. “Credits” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms.
A user may redeem their Credits to purchase eligible products through the Service at the rate of 1 unit = 1 GBP, unless OEM Extra has displayed separate terms of use on the Service, and in which case, such terms shall apply.
A user will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by OEM Extra. A user will not be able to transfer Credits to any other User or person. Credits may be refunded in accordance with applicable laws and regulations and displayed by the Service. A user is responsible for any unauthorised use of his or her Credits. Warranties and Limitation of Liability
If OEM Extra determines that your use of Credits violates our Terms or is otherwise inappropriate, OEM Extra may invalidate all the Credits earned by either you or through associated accounts.
Disputes Between Users
Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute is escalated to OEM Extra, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of OEM Extra Terms.
In the event that a Buyer submits a chargeback or other form of payment reversal, OEM Extra will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to Us within five (5) calendar days of the request. OEM Extra reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.
Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.
If there is a dispute between Users, or between a User and a third-party with regard to the Service, the matter shall be resolved by such users at their own cost. OEM Extra may participate in the dispute at its discretion. After a transaction is processed, OEM Extra is the final arbiter of disputes between Users and OEM Extra shall not bear any liability related to such disputes.
If you have a dispute with one or more users, you release OEM Extra (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Indemnification; Limitation of Liability
Our intent is to amicably resolve issues, however if OEM Extra gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending OEM Extra to the best of your ability. That means you must assist OEM Extra in defending any matter in which you were involved. This includes providing information regarding your experience (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.
Liability Limits. To the fullest extent permitted by law, neither OEM Extra, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall OEM Extra aggregate liability for any damages exceed the greater of one hundred (£100) U.K. British Pound or the amount you paid OEM Extra in the past twelve months for any fees.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify OEM Extra from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. OEM Extra DISCLAIMs ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
OEM EXTRA IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. OEM EXTRA HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
Limitation of Liability. IN NO EVENT WILL OEM EXTRA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OEM EXTRA HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF OEM EXTRA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO OEM EXTRA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) £100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR OEM EXTRA ACCOUNT BALANCE, THE SOLE REMEDY AGAINST OEM EXTRA SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL OEM EXTRA BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF OEM EXTRA OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
OEM EXTRA SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.
OEM EXTRA SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. OEM Extra shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; labor conditions; power failures and/or internet disturbances.
Miscellaneous
These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and OEM Extra.
The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and OEM Extra regarding the Service.
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without consent.
Notice
If OEM Extra determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. OEM Extra shall not be liable for any damages incurred due to the fact that OEM Extra’s notice or communication was not received or was delayed.
Taxes
You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.
Governing Law and Jurisdiction
These Terms shall be governed and construed under the laws of United Kingdom.
Legal Disputes and Use of Arbitration
You and OEM Extra each agree that any and all disputes or claims that have arisen or may arise between you and OEM Extra relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert a claim in small claims court, if it meets the criteria. Arbitration is more informal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and OEM Extra agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND OEM EXTRA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND OEM EXTRA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.