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Terms of use.

  • Definition of terms

    Business Day : means any day other than a Saturday or a Sunday or a public or bank holiday .

    Customer Service :means our customer service, which you can reach by sending a message through the “Support” facility on the website

    Escrow service :means our secure payment system which can be used to hold funds in a secured intermediary trust account until a transaction concludes. Details are available on our website.
    Payment Method :means bank transfer and payment instruments including, but not limited to, credit cards and debit cards.

    Privacy Notice :is the Otarkie’s policy governing the processing of personal data which is available on the Website, as may be amended from time to time.

    Otarkie Account : means the electronic money account you open and maintain through the Otarkie Website or mobile apps.

    Otarkie Website or Website means the website available at Terms of Use: means these Otarkie Account Terms of Use, published on the Website and as may be amended from time.

    Third Party Provider :means a service provider authorised by law or allowed by you to access information or make payments for you in your Otarkie Account.

    We, us, our : means Otarkie

    You, your : means you, the natural person or legal entity in whose name the Otarkie Account is opened and maintained

  • About Otarkie

    The company was founded early November 2018 and was registered officially une 2019 in the United States . Otarkie is an international conglomerate that establishes licensed distributors that create partnerships, distribute its software and maintain compliance as per jurisdiction

  • Scope of these tems of use

    2.1. These Terms of Use govern the opening, use and closure of your Otarkie Account and other related payment services as referred to herein. Together with our Privacy Notice, and any other terms and conditions referred to in these Terms of Use or the Privacy Notice, they constitute the agreement between you and us. For the use of additional services you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these Terms of Use for future reference. You can always view the current Terms of Use on our Website.

    2.2. Depending on the type of Otarkie Account you have, additional terms and conditions may apply as communicated to you at the appropriate time. In the event of any conflict between the additional terms and conditions and these Terms of Use, the former shall come first

  • Opening your Otarkie Account

    4.1. In order to use our payment services you must first open a Otarkie Account by registering your details on our Website. As part of the signup process you will need to accept these Terms of Use and our Privacy Notice and you must have legal capacity to accept the same. If you order additional services, you may be asked to accept additional terms and conditions.

    4.2. If you are an individual, you must be 18 years or older to use our services and by opening a Otarkie Account you declare that you are 18 years or older. This does not apply to products for which we set a different age limit. We may require at any time that you provide evidence of your age.

    4.3. You may only open one Otarkie Account unless we explicitly approve the opening of additional accounts.

    4.4. You may only open a Otarkie Account if it is legal to do so in your country of residence. By opening a Otarkie Account you represent and warrant to us that your opening of a Otarkie Account does not violate any laws or regulations applicable to you. You shall pay us the amount of any losses we incur in connection with your breach of this section.

    4.5. All information you provide during the signup process or any time thereafter must be accurate and truthful.

    4.6. You may only add Payment Methods to your Otarkie Account if you are the named holder of the account for that Payment Method. We take any violation of this requirement very seriously and will treat any attempt to add a Payment Method of which you are not the named holder as a fraudulent act.

    4.7. During signup you will be asked whether you intend to use your Otarkie Account for private or commercial purposes. If you have any intention to use your Otarkie Account for commercial purposes, you must tell us, even if you use it also for private purposes. If you have stated that you will use your Otarkie Account for private purposes only, you must tell us immediately before, at any point in the future you use it for commercial purposes by contacting Customer Service. You are using your Otarkie Account for commercial purposes if you are receiving payments for or in connection with any business activity. We reserve the right to determine whether, in our reasonable opinion, you are using your Otarkie Account for commercial purposes. If you are using your Otarkie Account for commercial purposes, in addition to these Terms of Use, you shall be bound by our Merchant Terms and Conditions. If you are in any doubt about whether or not an activity amounts to a commercial activity, you should contact Customer Service.

    4.8. Within 14 days of the date of opening your Otarkie Account, you may close your Otarkie Account at no cost by contacting Customer Service, however, if you have uploaded funds into your Otarkie Account, you may be required to provide identification documents before being able to withdraw funds. Transactions and fees for transactions undertaken before you close your Otarkie Account (including those transactions that are not revocable and have been initiated but not completed before closure of your Otarkie Account) will not be refunded.

  • Maintaining your Otarkie Account

    5.1. You must ensure that the information recorded on your Otarkie Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.

    5.2. We may contact you by e-mail or in other ways described in section 18 with information or notices regarding your Otarkie Account. It is your responsibility to regularly check the proper functioning of your email account or other methods of communication that you have registered with your Otarkie Account and to retrieve and read messages relating to your Otarkie Account promptly. We shall not be liable for any loss arising out of your failure to do so.

    5.3. Fund uploads, payments received, payments sent and fund withdrawals are displayed in your online transactions history together with the date of receipt or transmission (the debit value date), the fees charged and, where applicable, any exchange rate used. Each transaction is given a unique transaction ID and shown in the transaction history. We will not alter or amend information displayed in your online transaction history. You should quote this transaction ID when communicating with us about a particular transaction. You should check your Otarkie Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.

    5.4. We will send you an e-mail notification to the e-mail address used when registering for your Otarkie Account (as updated from time to time by you) every month reminding you to log into your Otarkie Account and download and/or print a copy of your transaction history.

    5.5. Subject to the provisions of section 8 below and without prejudice to the provisions of section 9.5(A), in order to claim a refund for an unauthorised or incorrectly executed payment transaction on your Otarkie Account you must notify us without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirteen (13) months after the debit date of the transaction.

  • Closing your account

    7.1. You may close your Otarkie Account at any time by contacting Customer Service.

    7.2. If your Otarkie Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your Otarkie Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your Otarkie Account but you may withdraw any remaining funds by contacting Customer Service and requesting that the funds are sent to you in a manner that is reasonably acceptable for us. If you want to access your transaction history after the closure of your Otarkie Account, you will need to contact Customer Service and request the information, You may do so for a period of six years from the date of closure of your Otarkie Account but we suggest that you withdraw your remaining funds as soon as possible as they will not earn any interest while in your Otarkie Account. Your obligations with regards to keeping your Otarkie Account safe as set forth in section 6 shall continue to apply.

    7.3. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds, including in relation to returning any funds to you after you have closed your Otarkie Account.

  • Receiving Funds

    10.1. If you receive funds into your Otarkie Account, we will send you a notification email and display the payment as a “Receive Money” transaction in your transactions history, together with the date of receipt (the credit value date), the fees charged and, where applicable, any exchange rate used. Each transaction is given a unique transaction ID and shown in the transaction history. We will not alter or amend information displayed in your online transaction history. You should regularly reconcile incoming payments with your own records.

    10.2. You should be aware that receipt of funds to your Otarkie Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment if the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to Chargeback or otherwise reverse) an upload or other payment which was used to fund the payment to you.

    10.3. If a person received a payment notification from us indicating that someone has sent them funds to an email address that is not registered, they will not be credited with the payment until it has been claimed in accordance with the instructions laid out in the notification email. Until then, there will be no contractual or fiduciary relationship between us and the intended recipient. The funds remain those of the sender.

    10.4. You can request a payment from someone by using the “Receive Money” service within your Otarkie Account. You must only use this service for undisputed amounts that a person owes you and that are due for payment in full. You may not use this service more than once for the same payment you request. This service may not be used as a debt collection or enforcement tool. If the person that owes you the payment asks you not to use Otarkie “Receive Money” service to request payment from them, you must comply with this request regardless of the merits of your claim. When using this service, you must ensure that you have the right to contact the person you are claiming from. You are strictly prohibited from requesting money by using the “Request Money” service within your Otarkie Account from someone that does not owe you the amount requested; would be ineligible to open a Otarkie Account (for example minors); or has not given or has withdrawn his or her consent to receive a request for payment via the “Request Money” service and we shall have the right to claim any damages or losses arising out of your breach of this section.

    10.5. The receipt of payments is subject to fees and currency exchange fees, depending on the type of payment you receive and the type of Otarkie Account you have. Please see section 13 for details.

  • Prohibited Transactions

    11.1. It is strictly forbidden to send or receive payments as consideration for the sale or supply of: tobacco products, prescription drugs, drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (On and Off Plan). We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms of Use or an acceptable use policy published on the Website.

    11.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your Otarkie Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your Otarkie Account for or in connection with illegal gambling transactions. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.

    11.3. You may not use our services if you are residing in certain countries. These countries will be listed on the Website and updated from time to time. This list is not exhaustive and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice. We reserve the right to suspend or terminate your Otarkie Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.

    11.4. It is strictly forbidden to use your Otarkie Account for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Otarkie Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.

    11.5. You may only accept payments for certain categories of business after approval from us in our sole discretion. Such business categories include but are not limited to: money exchange or remittance businesses, including but not limited to bureaux de change, currency exchanges and purchase of travel money; the collection of any form of donations or payments to charitable or not-for-profit organisations; dealing in natural resources such as jewels, precious metals or stones; live streaming; the sale or supply of alcoholic beverages; the sale of supply of dietary supplements and alternative health products; any other business category published in an acceptable use policy on the Website from time to time. In case you are in doubt whether your business falls under any of the above categories, you must contact Customer Service. We reserve the right in our sole discretion, to add business categories requiring approval by adding such categories either to these Terms of Use or an acceptable use policy published on the Website.

    11.6. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section 11 or without the necessary approval under section 11.5, we reserve the right to: reverse the transaction; and/or close or suspend your Otarkie Account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from you; and charge you an administration fee of up to 150 EUR if we apply any of the above.

    11.7. It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.

  • Your data

    14.1. You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment services to you. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing your Otarkie Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.

    14.2. The processing of your data is governed by our Privacy Notice which can be found on our Website. By accepting these Terms of Use, you also agree to the terms of our Privacy Notice. You should print and keep a copy of the Privacy Notice together with these Terms of Use.

    14.3. As a default, you will receive e-mail newsletters that will inform you about new product features, events, promotions, special deals etc. By accepting these Terms of Use, you agree to receive such e-mail newsletters on a regular basis. If you do not wish to receive any newsletters from us, you can opt out at any time by logging into your Otarkie Account and changing the appropriate setting in your Otarkie Account profile. You can also opt out of receiving newsletters by contacting Customer Service. Any e-mail newsletter you receive will also give you the option to unsubscribe from any future newsletter.

  • Termination and Suspension

    16.1. We may terminate your Otarkie Account or any payment service associated with it by giving you two months’ prior notice. You may terminate your Otarkie Account with us at any time. Different termination provisions may apply if you use your Otarkie Account for commercial purposes as set out in section 4.7 above.

    16.2. Together with a termination notice or at any time thereafter we may give you reasonable instructions on how to withdraw remaining funds.

    16.3. If your Otarkie Account is subject to a reserve, termination of your Otarkie Account will not affect our right to hold the reserve and to make deductions therefrom for the time agreed.

    16.4. We may at any time suspend or terminate your Otarkie Account without notice if: 16.4.1. you breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;

    16.4.2. you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or

    16.4.3. we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.

    16.5. We may suspend your Otarkie Account at any time if:

    16.5.1. we reasonably believe that your Otarkie Account has been compromised or for other security reasons; or

    16.5.2. we reasonably suspect your Otarkie Account to have been used or is being used without your authorisation or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.

  • Changing these terms

    17.1. These Terms of Use and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.

    17.2. We shall give notice to you of any proposed change by sending an email to the info email address registered with your Otarkie Account.

    17.3. The proposed change shall come into effect two (2) months after the date the change notice is deemed received under section 18.1, unless you have given us notice that you object to the proposed changes before the changes come into effect. Changes that make these Terms of Use more favourable to you shall come into effect immediately if so stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change. 17.4. If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your Otarkie Account. Your Otarkie Account will be closed in accordance with the provisions of section 7 above.

  • How we communicate

    18.1. We usually contact you via email. For this purpose you must at all times maintain at least one valid email address in your Otarkie Account profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our Website. Any communication or notice sent by email will be deemed received by you on the same day if it is received in your email inbox before 4.30 pm on a Business Day. If it is received in your email inbox after 4:30pm on a Business Day or at any other time, it will be deemed received on the next Business Day.

    18.2. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. We recommend you keep copies of all communications we send or make available to you.

    18.3. You can request a copy of the current Terms of Use or any other contractual document relevant to you by contacting Customer Service.

    18.4. In order to view emails you need a computer with email software that can display emails in HTML format. We may also send you attachments in Adobe Systems Inc.’s Portable Document Format (PDF), for which you need Adobe’s Acrobat Reader, which can be downloaded for free at the Adobe website.

    18.5. We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact Customer Service.

    18.6. We will communicate to you in English and will always accept communications made to us in English. You can choose your preferred language from the list of supported languages in your Otarkie Account profile and we will send you automated email notifications and communications regarding changes to these Terms of Use in your chosen language. For non-standard communication, we reserve the right to communicate with you in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.

    18.7. Apart from communicating via email, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received three days from the date of posting for Zimbabwe post or within five days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.

    18.8. You may contact us at any time by sending a message to Customer Service via the “Support” facility in your account or our contact page.

  • Complaints

    19.1. Any complaints Whitepaper or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure. You may request a copy of our complaints procedure at any time by contacting Customer Service.

    19.2. We endeavour to provide you with an answer or resolution to your complaint within the timeframes as outlined by the Financial Ombudsman Service. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.

    19.3. If your complaint is not resolved to your satisfaction, you may visit our offices Block B Matsatsa Park ,Borrowdale Harare Zimbabwe. For additional contact details you may visit the Website at

  • Miscellaneous

    20.1. No person other than you shall have any rights under these Terms of Use and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

    20.2. Your Otarkie Account is personal to you and you may not assign any rights under the Terms of Use to any third party.

    20.3. Your Otarkie Account is operated in the Zimbabwe and these Terms of Use shall be governed by and interpreted in accordance with the laws of Zimbabwe Any dispute under these Terms of Use or otherwise in connection with your Otarkie Account shall be brought exclusively in the courts of Zimbabwe.

    20.4. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms of Use, which shall continue to be valid and enforceable to the fullest extent permitted by law.

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