These Terms of Service (the Terms or the Agreement) constitute a contract between you, the user (the Customer or the User), and Opera Payments Limited (we, us, the Company or Opera). Where applicable, they govern the services provided by Opera to you (collectively, the Services), including access to and use of this website (the Site).
Before using the Services, you are responsible for confirming that you understand and agree to these Terms, and for ensuring that your use of the Services does not violate the laws of the jurisdiction in which the Services are made available to you. These Terms do not constitute an inducement or solicitation to use the Services. If you do not agree to these Terms, you may not use the Services. If you breach any of these Terms, we may, at our discretion, suspend or terminate the Services, and we may amend these Terms from time to time. You must check the Site periodically to receive notice of any changes we make to these Terms.
Opera is a payment service provider. By using the Services we provide and maintaining an account with us (an Account), you can make payments to, or receive payments from, other customers who hold an account with Opera. For the avoidance of doubt, Opera does not engage in money remittance or money transmission business, and the Services must not be used for remitting funds to third parties.
The minimum age to open and maintain an Account with us is 20 years. You must also undergo residency verification at the time you open an Account.
Users must provide Opera with all accurate and up-to-date information for the purpose of opening and maintaining an Account. Customer Due Diligence (CDD) is conducted on each prospective customer before services are provided. In connection with this, the user agrees that we may make such inquiries, directly or through third parties, as we deem necessary to identify the user. We may request additional information and documents, including but not limited to a social security or taxpayer identification number; order credit reports; and verify information through third-party databases or other sources. If Opera determines that you do not meet the required CDD standards, Opera may, in its sole discretion, accept or reject your application for services as a prospect or customer, and such decision shall be final.
If the Account is a joint account, unless otherwise specified in the account application, Opera may accept instructions from any joint account holder, and each joint account holder agrees to be jointly and severally liable for all obligations relating to this Agreement. We have no duty to investigate the purpose or propriety of any instruction given, or to ascertain the application of funds disbursed with respect to the Account by any user or joint account holder. We may, without releasing or discharging our obligations or prejudicing our rights or remedies as to the others, release or discharge the liability of, or accept proposals from, or make other arrangements with, any joint account holder; and this Agreement shall not be released or discharged by the death of any joint account holder.
Opera shall not, in any circumstances, be liable for any claims, losses, damages, liabilities, costs, or expenses suffered or incurred by any person or entity (including, without limitation, any surviving joint account holder) arising from any act or omission taken or chosen by us when accepting instructions from any joint account holder. Each joint account holder agrees to indemnify Opera against all claims, losses, damages, liabilities, costs, and expenses of any kind suffered or incurred by Opera arising from or in connection with any such act or omission taken or chosen in accordance with this provision.
Opera may, at its discretion, set payment limits available through the Services.
When a user makes a payment using the Services, the recipient is not obliged to accept the payment. Any unclaimed, refunded, or declined payment will be returned to the user’s balance via the original payment method (unless the user has provided specific instructions otherwise).
Users acknowledge that there may be delays in receiving payments as a recipient due to merchant processing times. Users agree that we are not liable for the consequences of such delays. In such cases, the authorization granted to the merchant remains valid for up to 30 days. If a currency conversion is required in connection with a payment, the exchange rate will be determined when the merchant processes the payment and completes the transaction.
Users acknowledge that there may be delays in receiving payments as a recipient due to merchant processing times. Users agree that we are not liable for the consequences of such delays. In such cases, the authorization granted to the merchant remains valid for up to 30 days. If a currency conversion is required in connection with a payment, the exchange rate will be determined when the merchant processes the payment and completes the transaction.
Pre-approved Payment means a payment that a user has instructed, confirmed, and authorized a merchant to make on a one-time, periodic, or non-periodic basis. In this case, the merchant is deemed to have agreed to these Terms on behalf of the individual user. When a pre-approved payment is made from a user’s Account, an email confirming the transaction will be sent to the user.
A pre-approved payment arrangement may be stopped by notifying Opera at least five (5) business days before the next scheduled payment date. If the user stops a pre-approved payment by notifying us, any payments made under a contract entered into between the user and the merchant after such stop shall likewise be stopped.
A pre-approved payment arrangement may be stopped by notifying Opera at least five (5) business days before the next scheduled payment date. If the user stops a pre-approved payment by notifying us, any payments made under a contract entered into between the user and the merchant after such stop shall likewise be stopped.
You may close your Account at any time by providing written instructions in accordance with the instructions provided by Opera. Upon closure, and unless prohibited by law, Opera will cancel all pending transactions.
Merchant users may use the payment receipt feature.
If a payment sent or received is determined to be invalid for any reason, the user agrees to be liable to Opera for the full amount paid or received, the related service fees, and any losses, costs, or expenses that Opera may incur, and Opera shall have the right to deduct the amount payable to Opera from the user’s Account balance. If the balance is insufficient, the user shall reimburse Opera from other relevant sources.
The User agrees and undertakes that under no circumstances shall they impose any additional charges or other fees in connection with the acceptance of Opera as a payment method.
The User may charge fees in connection with the sale of goods or the provision of services; however, such fees shall not be considered Opera’s fees and must not exceed Opera’s standard transaction fees.
If the user sells products or provides services using Opera, the user must not require the buyer to make payment through a third party other than Opera.
The balance in a user’s Account is held by Opera in an account maintained separately from Opera’s operating accounts. We do not use user account funds/balances for operating expenses or other business purposes. Users do not receive any interest or other gains or benefits on the Account balance. The user hereby assigns or transfers to Opera any rights to interest arising from funds in such balance, and Opera is entitled to receive all interest related to such amounts.
The user agrees that, in connection with products or services provided by Opera, if the user owes overdue and unpaid amounts to Opera or its affiliates, Opera or its affiliates may debit or withdraw funds from the Account to apply to amounts that have been due for more than sixty (60) days.
If the User’s account balance becomes negative, we may offset that balance against funds subsequently deposited into or received in the User’s account.
If the User has multiple accounts, Opera may, at its absolute discretion, offset the negative balance of one account against the positive balance of another account. In such a case, when Opera performs the offset pursuant to this provision, other obligations associated with that account may also be processed together.
Withdrawal methods vary by the country or region in which the user’s Account is registered. Users may withdraw funds in accordance with the methods available in the relevant country or region.
The user acknowledges and agrees that Opera may impose withdrawal limits if Opera determines that the user has not provided sufficient or necessary information as required by Opera. Where withdrawal limits are set, they will be displayed on the screen after the user logs in to the Account. Furthermore, for withdrawals in amounts exceeding previously observed levels, Opera may delay the withdrawal while conducting risk verification and authentication processes. We shall not be liable in any circumstances for such delays.
An Unauthorized Transaction occurs when a payment is made from the User’s account that was not authorized by the User or was not for the User’s benefit. For example, if a third party steals the User’s password, accesses the User’s account using that password, and processes a payment using the User’s customer information.
If a User allows a third party to access their account (by providing login credentials to that person), and a transaction is carried out without the User’s knowledge or permission, the User shall be responsible for that transaction.
Opera has the right to rely on and act upon instructions given by the User or purportedly given on the User’s behalf (which Opera in good faith believes to have been given by the User), as it deems appropriate. Notwithstanding the foregoing, Opera reserves the discretion to refuse such instructions. Opera shall not be obligated to act for the User, follow instructions, or execute transactions on behalf of or for the User if there are insufficient funds in the account, if Opera believes that such action or execution may constitute a violation of applicable laws of Opera or the User, or for any other reason. If Opera, in its absolute discretion, refuses to act for the User, follow the User’s instructions, or execute a transaction on behalf of or for the User, Opera may, at its discretion, notify the User of such refusal; however, in no event shall Opera be liable for any losses, damages, liabilities, costs, or expenses incurred or suffered by the User in connection with Opera’s exercise of such discretion.
You must promptly notify us as soon as you become aware of, or have reasonable grounds to believe that, any of the following notification events has occurred:
To verify a transaction, the details of the transaction appearing on the statement or transaction confirmation are required.
Upon receipt of a notice regarding a suspicious or unauthorized transaction, or upon confirming such a suspicious or unauthorized transaction, we may commence an investigation as soon as reasonably practicable after receiving such notice. Without limiting any legal obligation imposed upon us and depending on the complexity of the case, we will endeavor to complete a preliminary investigation within ninety (90) days after receiving your notice. We will notify you of the results of such investigation within three (3) business days after completion.
If you mistakenly paid someone other than the intended recipient, or paid an incorrect amount (e.g., due to a data entry error), you must request a refund from the recipient. We accept no responsibility for such erroneous transactions and have no obligation to arrange refunds or cancellations for payments made due to your negligence.
In connection with your use of our Site, your Account, or the Services we provide, or in the course of communications or transactions with us, other users, or third parties, you must not, under any circumstances, engage in any of the following activities (illustrative but not exhaustive):
The user is liable for any damages suffered by us, other users, or third parties arising from payment cancellations, chargebacks, claims, service fees, charges, fines, penalties, and/or breaches of these Terms and/or the user’s use of the Services. The user agrees to indemnify Opera for all or part of such losses and damages and to keep Opera indemnified against any and all losses and damages arising in connection therewith.
If the user has a payment obligation to Opera, the user is obliged to repay and reimburse Opera by any means. If such repayment is not made, we may take steps to recover such amount.
If the user engages in any Restricted Activity, Opera will take various actions deemed necessary to protect Opera, its affiliates, Opera’s users, third parties, or the user from payment reversals, chargebacks, claims, service fees, charges, fines, penalties, or other liabilities. Such actions include, without limitation:
Opera may, in its absolute discretion and without giving reasons, suspend or terminate an Account and cease to act for the user at any time. Upon termination or suspension of an Account, all amounts payable by the user to Opera shall become immediately due and payable, and the user shall promptly repay such amounts to Opera. The user acknowledges and agrees that Opera’s decision or judgment to take specific measures such as access restrictions to the user’s Account is made after considering various factors, including risk management, the security of the user’s Account, and confidential criteria essential to Opera’s systems. The user understands and agrees that (i) Opera is under no obligation to disclose to the user details of Opera’s risk management or security procedures and (ii) if the user breaches any of the Terms, the user shall be liable for damages suffered by Opera in connection with each breach in addition to the measures taken by Opera above.
If any dispute arises between a user and Opera, Opera aims to become aware of and address the user’s concerns. If Opera cannot resolve such concerns to the user’s satisfaction, Opera will provide the user with a neutral and cost-effective means to resolve the dispute. The user may report any disputes arising between the user and Opera in connection with the Services to Opera’s customer service online at any time.
Any dispute, controversy, or claim arising out of or relating to these Terms—including questions regarding the existence, interpretation, validity, breach, termination of these Terms, or the business relationship formed by these Terms—shall be resolved by the parties through amicable negotiations; failing which, such dispute shall be referred to and finally resolved by arbitration under the International Arbitration Rules of the Canadian Commercial Arbitration Centre. The number of arbitrators shall be one. The arbitration may be conducted by telephone, online, and/or by submission of documents only, and the specific method, including the venue, shall be determined by Opera. Unless otherwise agreed between the parties, the parties or their witnesses are not required to appear in person at any arbitration hearing. The award rendered by the arbitrator shall be final.
In no event shall Opera, its affiliates, officers, directors, agents, joint ventures, employees, or suppliers be liable for loss of profits or any special, incidental, or consequential damages (including without limitation damages resulting from loss of data or transactions), arising out of or in connection with Opera’s website, the Services, or these Terms, however arising (including negligence). The user further agrees that Opera shall not be liable to the user or any third party for unauthorized transactions unless it is proven that such unauthorized transactions were due to Opera’s fraud. In such case, the liability of Opera and its affiliates, officers, directors, agents, joint ventures, employees, and suppliers to the user or any third party shall be limited to the actual amount of direct damages.
The user understands that Opera is not a bank. Furthermore, the Services are payment services, not banking services. We act only as an agent or administrator with respect to user funds, and not as a trustee, fiduciary, or escrow service provider. We are not involved in and assume no responsibility for the products or services paid for via the Services. We do not guarantee your identity or the completion of transactions by buyers or sellers.
The Service is provided on an “as is” basis, without any warranties or conditions, whether express or implied, to the maximum extent permitted under the applicable laws of the jurisdiction to which the User belongs. The Company, its affiliates, officers, directors, agents, joint ventures, employees, and suppliers specifically disclaim and waive any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of rights.
Opera does not manage or control any products or services paid for through the Service. Therefore, we do not guarantee that buyers or sellers with whom you transact will actually complete the transaction, or that they have the power or authority to execute such transactions. We do not warrant continuous, uninterrupted, or secure access to any part of the Service. Furthermore, the operation of the Service’s website may be interfered with by various factors beyond our control. While we will make reasonable efforts to process electronic deposit and withdrawal requests, including those involving bank accounts, credit cards, and checks, in a timely manner, the Service depends on various external factors beyond our control, such as delays in banking systems or email services. Therefore, we make no representations or warranties regarding the time required for completion of such processing.
You agree to fully indemnify and keep indemnified Opera and its officers, employees, and agents from and against any and all losses, damages, interest charges, costs, actions, demands, claims, proceedings, expenses, and liabilities of any nature (except those arising from fraud or willful default by Opera) that are suffered, incurred, or sustained by any person, directly or indirectly, arising from or in connection with any act taken or chosen to be taken, the exercise of any right or discretion, or any omission by Opera under or pursuant to these Terms; any act or omission by you (whether or not constituting a breach or non-performance of obligations under these Terms); any reliance by Opera or its officers, employees, or agents on any representations set out in these Terms or information provided by or on behalf of you; or any action taken by Opera or its officers, employees, or agents upon instructions, signatures, documents, notices, resolutions, demands, certificates, reports, or other documents, whether original, duplicate, or electronic copies, appearing to be signed or provided by the appropriate party.
You acknowledge that handling of your Account by persons or parties other than you must be properly documented as we may prescribe from time to time (for example, by completing the relevant prescribed forms in connection with transaction instructions, where applicable). You undertake not to hold Opera liable and to indemnify Opera for any losses, damages, interest, costs, actions, demands, liabilities, expenses, or proceedings of any nature arising from or in connection with your instruction, permission, consent, or authorization for Opera’s personnel or any person or party other than you to conduct transactions in relation to your Account or funds, or arising from arrangements or understandings (whether express or implied) between you and such person or party.
Unless expressly stated otherwise, nothing in this Agreement grants or implies any license to the user to use our intellectual property rights. You must not copy, modify, imitate, or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts on the Site are service marks, trademarks, and/or trade dress of Opera. When you use Opera’s software—such as APIs, developer tools, or other software applications downloaded to a computer, device, or other platform (the Software)—Opera grants you a revocable, non-exclusive, non-transferable license to use the Software in accordance with Opera’s instructions. This license includes permission to use the Software and all updates, upgrades, new versions, and replacement software. You may not lend, lease, sublicense, assign, or transfer any rights in the Software to third parties.
You must comply with all installation, deployment, and usage requirements stated in the documentation provided by Opera in connection with the Services. If you fail to comply with such requirements, you will be responsible for any damages suffered by you, Opera, or third parties resulting from such non-compliance. Furthermore, you agree not to modify, reproduce, alter, distribute, display, disclose, reverse engineer, translate, disassemble, decompile, or otherwise attempt to create derivative source code from the Software. You acknowledge and agree that all rights, title, authority, interests, and benefits in and to the Software belong to us. Any third-party software applications used on Opera’s website are subject to the licenses agreed with the third parties providing such applications. If you use the Services on Opera’s website or on other websites or platforms provided by Opera or third parties without downloading the Software, or if you use third-party software applications on Opera’s website, this section shall not apply to your use of the Services provided by Opera.
(Without prejudice to any rights or obligations Opera may have under applicable law, you acknowledge that Opera has the right to report suspected transactional fraud, or other wrongdoing or irregularity, and to disclose relevant information to regulators; and Opera may, in its sole discretion, suspend operation of the Account and refuse to act on instructions, without any liability to you for any claims, losses, actions, or costs in connection with Opera.
You undertake to do and execute all acts, deeds, documents, and things that Opera may require in relation to the implementation, performance, and enforcement of these Terms. You irrevocably appoint Opera as your attorney to perform those acts, deeds, documents, and things that you have undertaken to perform but failed to perform upon Opera’s request. If Opera suspects that fraudulent or irregular activity has occurred in relation to the Account, you must notify Opera immediately.
Opera may record telephone conversations with users, and such recordings shall constitute final and conclusive evidence of the conversation and its contents.
You warrant and undertake to us that all information provided by you under or pursuant to these Terms is accurate, complete, and up to date. You must notify Opera immediately if there are any changes to such information. Opera shall be entitled to rely fully on all such information for all lawful uses and purposes until Opera receives written notice to the contrary, which shall be formally provided by the user. Notwithstanding anything to the contrary contained in this Agreement, you understand and accept that changes to such information will not take effect until five (5) days after Opera actually receives the relevant written notice, or such shorter period as Opera may agree in writing.
You are responsible for properly securing and managing all or any of the personal identification numbers, passwords, and other codes required to access the Services provided by Opera.
You shall determine, at your own judgment and responsibility, what types of taxes apply to payment transactions you make or receive. You are solely responsible for properly collecting, reporting, and remitting taxes to the appropriate tax authorities. Opera assumes no responsibility for determining whether taxes apply to your transactions or for collecting, reporting, or paying taxes arising from your transactions.
The User represents, warrants, and undertakes to Opera the following:
Furthermore, the User acknowledges and agrees that, for the purposes of complying with applicable laws and compliance rules regarding the prevention of money laundering, terrorist financing, and other crimes, as well as the provision of financial or other services to individuals or entities that may be subject to sanctions (hereinafter referred to as “Sanctioned Parties”), Opera may, at its sole and absolute discretion, take or omit to take any actions it deems appropriate (hereinafter referred to as “Compliance Actions”). Such Compliance Actions may include, but are not limited to, the following:
The User further represents and warrants to Opera that each of the warranties is true, accurate, and not misleading, and acknowledges that Opera has entered into this Agreement in reliance upon these warranties. These warranties shall be deemed repeated on each day until the termination of this Agreement.
The Terms and the applicable policies stated in the “Opera Website Terms” constitute the sole and entire agreement between the User and Opera relating to the Services. If any provision of this Agreement becomes invalid or unenforceable, such provision shall be deleted or removed from this Agreement, and the remaining provisions shall remain in full force and effect.
You may not assign or transfer any rights or obligations under these Terms without Opera’s prior written consent. Opera reserves the right to assign or transfer its rights or obligations under these Terms at any time.
Translations of these Terms are provided solely for the user’s convenience and do not modify the conditions set out in these Terms. In the event of any inconsistency between the English version of the Terms and a version in any other language, the English version shall prevail.
Opera’s failure to take action with respect to a breach by you or a third party does not waive Opera’s right to take action with respect to subsequent or similar breaches.
If Opera makes a payment in connection with your claim, payment reversal, or chargeback against a payee, you agree that Opera shall be subrogated to your rights against such payee or third party in connection with such payment, and Opera may, at its discretion, pursue such rights directly or on your behalf.
You understand that you may incur losses while using the Service for the following reasons. By using the Service, you acknowledge and agree to the following, and you will not hold us liable for these matters:
The fiat currency and/or crypto assets you deposit in the Service may be used, at your instruction, for exchange into different fiat currencies and crypto assets. As a result, fluctuations in exchange rates may cause discrepancies between the deposited amount and the exchanged amount. The exchange amount will be determined after Opera processes the payment request following your exchange instruction.
Because there is a time lag between when you instruct an exchange and when the rate is converted on the Opera platform, you may incur losses due to exchange rate fluctuations.
Opera’s services are not always available in all jurisdictions due to differing practices, laws, and regulations observed by each country. Regardless of your purpose of use, you bear sole responsibility for ensuring compliance with all applicable laws and all actions related to the use of Opera’s services.
In the event of war, terrorism, revolution, insurrection, detention by rulers, military disturbances, riots, civil commotion, civil disobedience, or other similar acts of state; strikes, lockouts, stoppage or restraint of labor; seizure or confiscation of assets; other governmental actions having a similar effect; governmental foreign exchange controls or restrictions on the movement or transfer of capital; acts of God; epidemics or pandemics; sabotage; failures of computer systems and/or communication equipment; or other events beyond Opera’s control that prevent Opera from performing its obligations under this Agreement (Force Majeure Event), Opera may, in its absolute discretion and as an alternative to performance otherwise required, (a) postpone performance until the effects of the Force Majeure Event cease, or (b) where delivery or payment is required, offer or demand cash settlement based on the prevailing market price of the relevant goods on the second business day prior to the occurrence of the Force Majeure Event. Such prevailing market price shall be conclusively determined by Opera. We shall not be liable for any losses suffered by the user arising from or in connection with a Force Majeure Event. You agree to bear the risk of such Force Majeure Events alone.
Opera may, in its absolute discretion and without giving reasons, suspend or terminate the Account and/or the Services. Upon termination or suspension of the Account and/or the Services, all amounts owed by the user to Opera shall become immediately due and payable, and you shall promptly repay such amounts to Opera. You agree that the Terms set out herein may be amended by us from time to time at our discretion. Termination does not affect actions taken by Opera, its agents, or third parties permitted under these Terms that were initiated prior to the termination date, or any indemnities or warranties made by the user under these Terms.
You acknowledge that we have offered to explain the terms of this Agreement to you and that you have either received such explanation or fully understand the terms of this Agreement without requiring such explanation. You acknowledge that you have been advised to, and had the opportunity to, consult your own independent legal and other professional advisers.