Version date: October 8, 2024
Overview
For qualified, eligible customers, Oasis offers access to certain forms of your income, such as earned wages, prior to when that income is deposited into an eligible bank account by requesting an advance of that income from Oasis (each request is referred to as an “Advance”). The amount of an Advance offered to you may vary from USD $25 to $250.
To obtain Advances, you must have a debit card linked to a bank account at a bank located within the United States, and you must link that same bank account to Oasis. Oasis may refuse to extend an Advance to you if you have previously received an Advance but have not repaid it. Oasis provides Advances in accordance with the applicable provisions of the Federal Electronic Funds Transfer Act 15 U.S.C. §§ 1693 et. seq. and the regulations thereunder.
The delivery of an Advance typically takes three (3) business days but can vary based on processing times and other factors outside of the control of Oasis. Eligible customers may choose to expedite delivery of an Advance by paying an additional fee (the “Instant Delivery Fee”), which may range from USD $1.00 to USD $8.00, depending on the amount of the requested Advance. Oasis typically delivers the Advance to customers who have paid the Instant Delivery Fee in sixty (60) minutes or less but does not guarantee that delivery will occur within a specific timeframe.
In addition to the free, non-recourse Advances described above, Oasis may offer you access to additional, exclusive premium features through a paid plan for access to Oasis Plus for USD
$9.99 per month. The Oasis Plus subscription offers spending insights, budgeting tools, and overdraft and low balance alerts. Subscription to Oasis Plus is not required to access an Advance with Oasis.
These Terms of Service your use of the products and services offered by Oasis.
Terms and Conditions of Use
Kikoff Lending, LLC, a Delaware limited liability company doing business as Oasis (“Oasis”, the “Company,” “we,” “our,” or “us”), owns and operates the services and mobile application provided under the name Oasis (the “App”). By accessing or using the App, you (the “User”, “you”, or “your”) agree that you have read, understand, and agree to be bound by the following agreements (each an “Agreement” and collectively the “Agreements”):
These Terms of Service;
The Privacy Policy; and
the ESIGN Consent to Use Electronic Records, Disclosures and Signatures.
Please review the Agreements before using the App. If you do not agree to these terms, you should not access or use the App.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR AND OUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. THE ARBITRATION AGREEMENT REQUIRES DISPUTES BETWEEN YOU AND US (WITH LIMITED EXCEPTIONS) TO BE RESOLVED BY AN ARBITRATOR THROUGH BINDING AND FINAL ARBITRATION, RATHER THAN BY A JUDGE OR JURY IN COURT. IF A DISPUTE IS ARBITRATED (1) YOU AND WE WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ONE ANOTHER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU AND WE WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. YOU HAVE THE RIGHT TO REJECT THE ARBITRATION AGREEMENT AS SET FORTH BELOW.
Eligibility
The App is intended solely for Users who are citizens or legal residents of the United States of America and are physically present in the United States of America at the time of such use. By using the App, you represent and warrant that you agree to and will abide by all of the terms and conditions of these Agreements, and that you are not prohibited by applicable law from using the App or engaging with Oasis. If you violate any of these Agreements, the Company may, at any time in its sole discretion, with or without notice, terminate your account and/or prohibit you from using or accessing the App and any other services offered by Oasis or any of its affiliates.
Advance Service
You may elect to receive one or more non-recourse Advances (each, an “Advance”) from Oasis. You can obtain Advances from Oasis in several different ways. Keep in mind that you must qualify for an Advance each time an Advance request is made. You may request the approved amount or an Advance amount less than the approved amount from Oasis at any time by selecting the Advance amount and preferred delivery method within the app. Please note that you cannot request an Advance if you already have an Advance outstanding.
When You Will be Charged for Advance Repayment
If you receive an Advance, Oasis will charge your Payment Method for Advance repayment any time after the later of: (a) the due-date displayed to you through the services when you request the Advance; or (b) any time Oasis becomes aware of a positive cash inflow into your linked bank account (each a “Preauthorized ACH Repayment”) even if that available cash isn’t enough to pay the full amount owed on the Advance.
We will provide the Services in accordance with the applicable provisions of the federal Electronic Fund Transfer Act, 15 U.S.C. §§ 1693 et. seq., and the regulations thereunder.
What Occurs In the Event of Non-Payment
This Section sets forth the entirety of Oasis’s rights if an Advance is not recovered. Any other recourse or remedies claimed by Oasis, including but not limited to, indemnities, limitations on liability, and disclaimers of warranty described in this Agreement, do not apply to non-payment of an Advance.
Oasis warrants that it has no legal or contractual claim against you based on a failure to repay an Advance, but Oasis reserves the right to suspend your access to the services until you repay an Advance in full. With respect to a failure to repay an Advance, Oasis warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party for the purpose of debt collection activities, or report you to a consumer reporting agency. Oasis may send you an email, text or SMS message reminding you of an upcoming payment, however, such email, text or SMS message should not be construed as a demand for payment.
Oasis does not waive any rights regarding fraudulent activity, and Oasis will pursue instances of fraud.
Oasis monitors your bank account balance before withdrawing the funds to ensure there are sufficient funds, but Oasis is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in your bank account sufficient to repay an Advance. Should we seek repayment of outstanding proceeds, fees, or other payments from your account on a date before, or in an incorrect amount from, the date or amount disclosed to you and you are charged overdraft or nonsufficient funds fees, we will reimburse you for the full amount of those fees upon your request.
Paid Access to Oasis Plus
Oasis might offer you access to exclusive premium features through a paid plan for access to Oasis Plus.
In exchange for access to the services and products available under Oasis Plus, you agree to pay the monthly fee listed at https://www.oasiscredit.com/pricing (the “Fee”) via a linked bank account or a debit card (each a “Payment Method”). The Fee will be charged on a monthly basis, starting on the date that you begin to access Oasis Plus, and repeating monthly until such time that you choose to cancel your access to Oasis Plus or your enrollment is cancelled by us.
Oasis prioritizes collecting the Fee at times when your Payment Method has adequate funds to cover the Fee. Should our initial attempt to process the Fee fail, Oasis retains the right to make additional attempts for up to 21 business days.
For debit card payments, the timing of attempts may vary within the day, conforming to network rules.
While Oasis monitors your account balance and endeavors to ensure sufficient funds before making debits, the company cannot guarantee that overdrafts will not occur. If we make a debit on a date before or in an incorrect amount than disclosed to you and you do not have sufficient funds in your account, we will reimburse you for any overdraft or nonsufficient funds fees your depository institution may charge.
Credit and Debit Authorization For Access to Oasis Plus
If you enroll in an Oasis Plus, you authorize Oasis to electronically debit your Payment Method for the Fee once each monthly statement period. You also authorize Oasis to electronically debit and credit your Payment Method to correct any erroneous debits and credits. Oasis will promptly notify you of any increase or decrease in the Fee. An increase in the Fee will be effective for your account starting in the next calendar month that begins at least 30 days after Oasis sends or posts such notice. A reduction in the Fee will be effective for your account starting in the next calendar month following its reduction.
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for electronic transfers, including debits and credits as provided herein and that this authorization will remain in full force and effect until you notify Oasis that you wish to revoke it by emailing cash-advance-support@oasiscredit.com. You acknowledge and agree that debits may not be able to be canceled if they are made less than three (3) business days prior to a schedule debit and you further agree that if you wish to prevent
When you contact us, please include the name and telephone number associated with your Oasis account. Failure to provide correct and complete information may make it impossible for Oasis to prevent the pre-authorized debit. Revoking your written authorization for electronic transfers will not cancel or reverse payments initiated prior to the receipt of Oasis of your revocation notice.
If any of the information relied upon in your request to stop payment is incorrect or incomplete, you agree to hold Oasis harmless from and against losses resulting from the revocation of your authorization for electronic transfers. If you have followed the instructions in this section to notify Oasis of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Oasis will be liable for your losses caused by its failure to prevent the pre-authorized transaction. Note that canceling your access to Oasis Plus does not terminate your authorization for us to debit your paycheck account.
You acknowledge and agree that Oasis may terminate this Agreement with you if you cancel your authorization for electronic transfers and that the products and services hereunder are not available without such authorization.
You warrant and represent to Oasis that you have the right to authorize us to charge and credit your linked bank account or debit card for payments due to us under this Agreement.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records and that the credit and debit transactions you request comply with applicable law.
Optional Instant Delivery Fee
You may request that Oasis expedite disbursement of your Advance by paying an optional fee (the “Instant Delivery Fee”). While you can always receive an Advance within three (3) business days depending on processing times without additional cost, you may also choose to expedite the delivery if you have your Oasis account linked to your debit card. Delivery of the Advance is dependent on the performance of third-parties and technology, which are subject to error and outages, and for this reason, Oasis cannot guarantee that the Advance will be delivered within a specific time period. However, Oasis typically delivers the Advance to customers who have paid
the Instant Delivery Fee within 60 minutes, and often, faster. The Instant Delivery Fee may range from USD $1.00 to $8.00, depending on the amount of your requested Advance. The cost of this fee will be disclosed to you when you request an Advance through Oasis. You will be given the opportunity to choose between the expedited or normal delivery methods at the time you request an Advance. The Instant Delivery Fee is payable at the time you repay the Advance.
Amendments to These Agreements
Consent To Receive and Use Consumer Information
When you register for the App, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing our services (collectively, such information is referred to as your “Member Profile.”). By registering, you also specifically consent to let us request and receive your consumer report data and other data about you from third parties to include in your Member Profile as follows:
Proprietary Rights
The App and all content contained in or otherwise accessible through it, including designs, text, materials, graphics, pictures, video, information downloaded, and all intellectual property pertaining to or contained in the App (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks), (the “Content”), is the proprietary property of the Company or third parties with all rights, title, and interest remaining the property of Oasis or such third parties, as applicable. Any use of the Content not authorized in these Agreements is prohibited.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Company’s services, including any Content. Unless explicitly stated in these Agreements, nothing in these Agreements will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content solely for your use of the App in accordance with these Agreements, provided that you keep all copyright or other proprietary notices intact. You may not republish the Content or incorporate the Content in any other compilation.
You are authorized to view and retain a copy of pages of the App only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the App for the purpose of transacting business with us. You may not tokenize copies of the pages of the App or any other content on the App. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the App, or any portion of the App, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on in the App (or printed pages produced from the App or the Oasis website), and (b) will not make any other modifications to any documents obtained from the App or from Oasis other than in connection with completing information required to transact business with Oasis.
Prohibited Uses
You may not use the App in any manner that violates applicable law. Without our prior express written consent, you may not use the App in any manner that violates these Agreements, or that could or is intended to damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App. Such unauthorized use, including but not limited to unauthorized entry into Oasis systems or misuse of any information posted on the App, is strictly prohibited. Your use of the App is limited to the intended function of the App and you accept sole responsibility for all of your activities using the App. Specifically, you may not use the App in a manner that:
harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any party (including but not limited to rights of publicity or other proprietary rights);
is unlawful, fraudulent, or deceptive;
interferes with any other person’s use of the App, including, without limitation, by disrupting, spamming or otherwise using abusive tactics to deter others from using the App or any of its features;
uses technology or other means to access content or systems of Oasis in a manner that is not authorized by Oasis;
uses any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the App, without Oasis’ express prior written consent;
uses or launches any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of Oasis;
uses tools which hack or alter the App, or that allow you to connect to Oasis’s private binary interface or utilize any interfaces other than those provided by us to you;
attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
attempts to gain unauthorized access to Oasis’s computer network or user accounts;
encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
violates these Agreements or any other policies of Oasis;
attempts to damage, disable, overburden, or impair Oasis’ servers or networks;
mirrors or frames any part of the App without Oasis’ express prior written consent;
creates multiple accounts for the purpose of sale or transfer to others, transfer your account to others, park your account or those of others, or use another person’s account with Oasis;
fails to comply with applicable third-party terms; or
constitutes any other inappropriate conduct, as determined by us in our sole discretion.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the App. We may terminate, disable or throttle your access to, or use of, the App at any time without notice for any reason, with or without cause in our sole discretion. If you are blocked by us from accessing the App (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Representations
You represent, warrant, and agree that no materials of any kind you submit through the App will violate or infringe upon the rights of any third party, or contain otherwise unlawful material. You further represent and agree that you will not use the App in any unlawful manner or in any manner that could damage, disable, overburden, or impair the App.
We cannot and do not promise that the App will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend the App, or any part thereof, with or without prior notice for any reason.
Third-Party Requirements
You agree to use the App in accordance with applicable usage rules of any third-party mobile telephone, tablet, or other device (each a “Mobile Device”) or service provider or the third party from whom you are downloading the App (each and “App Store”). Supported App Stores include Apple App Store and Google Play; other App Stores are not supported. It is your
responsibility to review the terms and conditions of any App Store and to determine what usage rules of such App Store apply to you depending on (1) your mobile device, (2) the method by which you downloaded the App, and (3) the App Store from which you downloaded the App (collectively, the “Usage Rules”).
You acknowledge and understand that certain products and services available to you through the App, including your ability to conduct financial transactions, schedule payments or view your account balances, require data access or wireless internet capability. You agree that you are responsible for any such data access or wireless internet charges of your mobile device service provider. The App is designed to be accessible on multiple types of mobile devices and operating systems. We do not, however, make any representation or warranty that the App will be compatible with your mobile device or any specific operating system version of your mobile device or any other hardware, software, equipment or device installed on or used in connection with your mobile device.
You agree that your functional use of the App may be affected by or dependent on your wireless connection and speed or your wireless service provider. The functionality of the App could become disabled during times of poor connections or speeds from your wireless or internet service provider. You agree that it is your responsibility to verify the status of any attempted transaction by reviewing your account.
Except as limited by applicable law, you acknowledge and agree that the Company, and its affiliates, agents and licensors, will have no liability to you for any losses, financial or otherwise, suffered by you, arising out of, or resulting from compatibility or inoperability issues or the failure to confirm any attempted transaction. If you are accessing any agreements, disclosures, or other legally-required information we provide electronically on a mobile device, you must make sure that you have software on your mobile device that allows you to view, print and save the content presented to you. If you do not have these capabilities on your mobile device, please access the App through a device that provides these capabilities. You acknowledge, understand and agree that your use of the App and your access to your account through the App is also governed by any other agreement to which you have previously agreed to with the Company and each and every current and future affiliate of the Company in addition to these Agreements.
Communications with You
By accepting these Agreements, you expressly consent to be contacted by us or our affiliates at any telephone number, e-mail address, mailing address, account with the Company, or physical or electronic address you provide or at which you may be reached. You agree we, our affiliates, agents, or service providers may contact you in any way, including by e-mail, SMS messages (including text messages) calls using pre-recorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system at any phone number you have provided to us, including any mobile phone
number, as well as any address in our records or in public or nonpublic databases. You understand that you are not required to provide consent to marketing SMS messages as a condition to accessing the Company’s services or products. You may withdraw your consent to SMS communications by replying STOP to the SMS message, or by contacting us at cash-advance-support@oasiscredit.com.
In addition, we may contact other people who may provide employment, location, or other contact information for you. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave messages on your answering machine, voice mail, or send messages via text. You can revoke your consent at any time by contacting us at cash-advance-support@oasiscredit.com.
You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. You are responsible for any and all charges, including fees associated with text messaging, imposed by your communications service provider. You agree that we and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded or monitored line and that any incoming calls may also be recorded and monitored. You also agree to receive alerts about your account activity, balances, payments, suspicious activities, and other matters involving your use of the App or the Company’s services through push notifications to your smartphone or other device.
Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. The Company is not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your account or use of the App. The Company may terminate your use of push notifications at any time without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or device.
Privacy
Please review our Privacy Policy, which explains how we treat your personal information when you use the App. By using the App, you are also consenting to the terms of our Privacy Policy.
Your Account
Your acceptance of the E-Sign Policy is required to create an account. You may be presented with the opportunity or requirement to create an account to use certain parts of the App. When you create an account, you may be required to pick a user name, password, and/or other access credentials. You are responsible for maintaining the confidentiality of your account and access credentials and for restricting access to your computer and any other devices you use to access your account, and you agree to accept responsibility for all activities that occur under your account or access credentials. You may not assign or otherwise transfer your account to any other person.
You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right, in our sole discretion, to refuse or cancel service, terminate accounts, or remove or edit Content. You agree to (1) immediately notify us of any unauthorized use of your access credentials or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session when accessing the App. We will not be liable for any loss or damage arising from your failure to comply with this section.
You agree at all times, and in particular when applying for financial products and services, to provide current, complete, and accurate information about yourself. You acknowledge and agree that if any information you provide is untrue, inaccurate, not current, or incomplete, the Company may terminate your access to financial products and services, including by terminating your loan pre-registration and application, and further that the Company may decline to permit your future use of any or all financial products and services offered by Oasis or its affiliates. We reserve the right to decline your application for a loan or other product.
WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.
California Residents
Oasis is not currently licensed by the Department of Financial Protection and Innovation. If the Department does decide in the future to license Oasis, and/or require Oasis make modifications to its advance pay product agreement, such developments may have no impact on your obligations under this agreement.
Any consumer is invited to share any comment and concerns about Oasis or its products and practices with the Department of Financial Protection and Innovation at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint/.
South Carolina Residents
South Carolina residents may share any comment or concern about Oasis or its products and practices with the Department of Consumer Affairs on their website: https://consumer.sc.gov/ or by calling them at 803-734-4200.
Cancellation of Oasis Plus
Additional Disclaimers
The information and materials contained on the App and these Terms are subject to change. None of Company, its parent, any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, representatives, independent contractors or licensors guarantees the accuracy, adequacy, timeliness, reliability, completeness, suitability, availability or usefulness of any of the App and the Content, for any purpose, and each of these persons disclaim liability for errors or omissions in the App or the Content.
Nothing on the App constitutes an offer to sell or a solicitation of an offer to buy or sell any security or to participate in any trading strategy. The Content is not intended to be relied upon as the basis for any investment decision. The Content is not to be construed as legal, business, or tax advice, and you should consult your own attorney, business advisor, and/or tax advisor in order to make an independent determination of the suitability and legal, business, and tax consequences of any action. Your use of Oasis is at your sole risk.
To the maximum extent permitted by applicable law, the App and all of the Content is provided “as is” and “as available,” without any warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the App or the Content. The Company does not warrant that Oasis is free of viruses or other harmful components. This
does not affect those warranties which are incapable of exclusion, restriction or modification under applicable law.
The App may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or services on account of technical problems or traffic congestion on the Internet or the App. The Company further makes no warranty, express or implied, regarding the security of the App, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the App.
The Company reserves the right to change or discontinue any and all Content at any time without notice. The availability of Advance terms may change at any time at our sole discretion and are subject to our underwriting criteria.
Oasis may contain links to websites or applications maintained by third parties that are not affiliated with Oasis or its affiliates. Such websites or applications may have terms of use, privacy policies, or security practices that are different from those of the Company. We are not responsible for the contents of any such website or application. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content
Limitation on Liability
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES), INCLUDING FOR ANY LOST PROFITS OR LOST DATA, OR IN CONNECTION WITH ANY OTHER REMEDY RELATING TO OR ARISING FROM YOUR USE OF, OR A DELAY OR INABILITY TO USE, OASIS OR ANY OF THE CONTENT OR OTHER SERVICES OR MATERIALS ON OR ACCESSED THROUGH OASIS, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHER REMEDY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
Except as set forth in the section titled “Dispute Resolution by Binding Arbitration; Jury Trial and Class Action Waiver,” by visiting or using the App, you agree that the laws of the State of California, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Agreements. You agree that you will not use the App or the Company’s products or services in any unlawful manner or for any unlawful purpose. You may not use or otherwise export or re-export the App or the Content except as authorized by U.S. law. You represent and warrant that you are not located in any country (1) that is subject to comprehensive sanctions issued by the United States Office of Foreign Assets Control, (2) that has been designated by the federal government of the United States as a “terrorist supporting” country, or (3) is listed on any list maintained by the United States federal government of sanctioned, prohibited, or restricted parties.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, representatives, agents, contractors, partners and employees, harmless from and against any losses, liabilities, claims, demands, damages, judgments, settlements, penalties, fines, costs, fees and expenses, including reasonable attorney‘s fees, arising out of or in connection with your unauthorized use of the App or our services, your unauthorized conduct in connection with the App or with other Users of the App, or any violation of these Agreements or of any applicable law or the rights of any third party.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. This
Dispute Resolution by Binding Arbitration section is referred to in these Agreements as the “Arbitration Agreement.” Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at cash-advance-support@oasiscredit.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to Kikoff Inc, PO Box 40070, Reno NV 89504 (“Notice Address”).
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. The amount of any settlement offer made by Company or you shall remain strictly confidential. If Company and you do not resolve the dispute within sixty (60) calendar
days after the Notice is received, you or Company may commence an arbitration proceeding. Solely for purposes of this Arbitration Agreement, the terms “Company,” “we,” “us” and “our” mean (1) Kikoff, each of its subsidiaries, affiliates, successors and assigns, and any of their employees, officers, directors, agents and representatives; and (2) any third party that you name along with us as defendants in a single proceeding. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the “FAA”), governs the interpretation and enforcement of this Arbitration Agreement. You and we agree that any and all past, present or future disputes, claims or controversies that have arisen or may arise between you and Company, whether arising out of or relating to these Agreements (including any alleged breach thereof), the services, the App, your Account, any advertising or any other aspect of the relationship or transactions between you and us (collectively, “Claims”), shall be resolved by an arbitrator through final and binding arbitration, rather than by a judge or jury in court, in accordance with the terms of this Arbitration Agreement.
The term “Claim” has the broadest reasonable meaning and includes, without limitation: (1) initial claims, counterclaims, crossclaims and third-party claims; (2) disputes based upon contract, negligence, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity; (3) data breach or privacy claims; and (4) claims arising out of or relating to our written or oral communications with or about you. Claims are subject to arbitration even if they arise out of or relate to actions, omissions, transactions, facts, or conduct that occurred before this Arbitration Agreement took effect. However, this Arbitration Agreement will not apply to any Claim that was already pending in court before this Arbitration Agreement took effect (although it will apply to new parties or new Claims that are added subsequently in the court action). Notwithstanding the foregoing, the following disputes are not required to be arbitrated: (1) disputes that are within the jurisdiction of a small claims court (or an equivalent court). You or we may bring an action in small claims court or, if an arbitration demand has been made, instruct the arbitration administrator to close the case because the dispute should be decided by a small claims court. However, if the dispute is transferred, removed, or appealed from small claims court to a different court, it will be subject to arbitration. Moreover, if you or we bring a counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, the entire dispute must, if you or we choose, be resolved by arbitration; (2) disputes about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver), which are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of these Agreements as a whole is for the arbitrator, not a court, to decide; (3) this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf; and (4) if any Service or product you obtain from us contains its own arbitration agreement, that agreement (and not this one) will govern claims or disputes arising out of or relating to said Service or product.
CLASS ACTION WAIVER: YOU AND WE 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, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE PERSON’S OR PARTY’S CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR ENTITY UNLESS ALL PARTIES OTHERWISE AGREE IN WRITING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER SHALL BE DETERMINED EXCLUSIVELY BY A COURT, AND NOT BY THE ADMINISTRATOR OR ANY ARBITRATOR. JURY TRIAL WAIVER: IF YOU OR WE ARBITRATE A CLAIM, YOU AND WE WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR
HAVE A JURY DECIDE THE CLAIM. Arbitration will be conducted by a single neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules and Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.
For information on the AAA, please visit its website, http://www.adr.org or call 800-778- 7879. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://adr.org/sites/default/files/Consumer_Rules_Web_2.pdf. If AAA cannot or will not serve, and the parties are unable to select an arbitrator by mutual consent, a court with jurisdiction will select the administrator or arbitrator, who must agree to abide by all of the terms of this Arbitration Agreement (including, without limitation, the Class Action Waiver). Any arbitrator must be a practicing attorney with ten or more years of experience practicing law or a retired judge. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party prosecuting the Claim(s) to commence the arbitration proceeding in accordance with the administrator’s rules and procedures. If there is any inconsistency between this Arbitration Agreement, on the one hand, and the AAA Rules or other provisions of this Agreement, on the other hand, this Arbitration Agreement will control.
The arbitrator must follow the provisions of this Agreement as a court would. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator is authorized to award all remedies permitted by the substantive law that would apply in an individual court action, including,
without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim). Any finding, award or judgment from an arbitration of any Claim shall apply only to that arbitration. No finding, award or judgment from any other arbitration shall impact the arbitration of any Claim. If the amount in controversy is more than $100,000, any party may appeal the award to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. Unless applicable law provides otherwise, the appealing party will pay the appeal’s cost, regardless of its outcome. However, we will consider any reasonable written request by you for us to bear the cost. The arbitrator’s award (or the award of the panel if there is an appeal) will be final and binding, except for any appeal right under the FAA, and may be entered as a judgment by any court having jurisdiction. Unless we and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules. However, if you tell us in writing that you cannot afford to pay the Arbitration Fees charged by the AAA or other arbitration administrator and that you were unable to obtain a waiver of fees from the administrator, and if your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the arbitration administrator and/or arbitrator. The parties shall also bear the fees and expenses of their own attorneys, experts and witnesses unless otherwise required by applicable law, this Agreement or the administrator’s rules. If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. This Arbitration Agreement is binding upon and benefits you, your respective heirs, successors and assigns, and us and our respective successors and assigns. This Arbitration Agreement shall survive (1) any termination, cancellation or closure of your Account, (2) any cessation of your relationship with us; (3) any breach, default, or repayment in full; (4) any termination of credit privileges, and (5) any bankruptcy to the extent permitted by applicable bankruptcy law. If any portion of this Arbitration Agreement is held to be invalid or unenforceable, the remaining portions shall nevertheless remain in force,
subject to two exceptions: (1) if a determination is made that the Class Action Waiver is unenforceable, and that determination is not reversed on appeal, then the Arbitration Agreement (except for this sentence) shall be void in its entirety; and (2) if a court determines that a public injunctive relief Claim may proceed notwithstanding the Class Action Waiver, and that determination is not reversed on appeal, then the public injunctive relief Claim will be decided by a court, any individual Claims will be arbitrated, and the parties will ask the court to stay the public injunctive relief Claim until the other Claims have been finally concluded.
Trial Waiver: If for any reason a Claim is not arbitrated, you and we expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY to the fullest extent permitted by law. This means that a judge, rather than a jury, will decide disputes between you and us.
Consent to Electronic Delivery
You hereby authorize and instruct Oasis to deliver any type of document relating to the Account (including this Agreement, any other agreements, the Privacy Policy, account statements, and tax documents), instead of paper copies, by email to the email address you provide to Oasis, by
communication through the App, or by referring you to a website via a link or otherwise. Account statements transmitted electronically from Oasis are the official records of the Account. You agree that you will maintain access to a computer or other device capable of accessing email and other communications from Oasis, including PDF files, and that you are solely responsible for any printing costs, online provider fees, or other costs that may be incurred in accessing the products and services.
You agree that it is solely your responsibility to maintain a functioning email account and address and that Oasis shall have no responsibility to ensure that delivery to the email address provided by you is successful, for example, in the case of bounce-back notifications, or to send documents via an alternative method when a bounce-back notification or other error message appears, in the judgment of Oasis, to be the result of your failure to maintain a functioning email account capable of receiving email from Oasis. You acknowledge and agree that it may sometimes be necessary for Oasis to send paper copies to the mailing address provided by you.
Severability and Amendment
The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any and all other provisions hereof. You acknowledge that Oasis may amend this Agreement from time to time, which amendment(s) will become effective and applicable to you when published on the App or otherwise made available to you and shall govern the relationship between the you and Oasis during the entire term of the Agreements. You acknowledge that you will be responsible for checking the App periodically for amendment(s) to these Agreements.
Waiver or Modification
Oasis’ waiver or modification of any condition or obligation hereunder shall not be construed as a waiver or modification of any other condition or obligation, nor shall Oasis’ waiver or modification granted on one occasion be construed as applying to any other occasion.
Entire Agreement
This Agreement, together with the Privacy Policy and the E-Sign Consent to Use Electronic Records, Disclosures, and Signatures, is the entire agreement of the parties regarding the subject matter hereof and supersedes all prior or contemporaneous written or oral negotiations, correspondence, agreements, and understandings (including without limitation any and all preexisting account agreements, which are hereby canceled). However, the parties may choose to enter into separate agreements between them regarding different subject matters or investment programs.
No Third-Party Beneficiaries
Neither party intends for this Agreement to benefit any third party (other than Wealthfront Brokerage) not expressly named in this Agreement.
General
Except as set forth in the section titled “Dispute Resolution by Binding Arbitration; Jury Trial and Class Action Waiver,” if any provision of these Agreements is held invalid, the remainder of these Agreements will continue in full force and effect.
Contacting Oasis
If you need to contact us concerning any questions or complaints regarding the App or these Agreements, please email cash-advance-support@oasiscredit.com or call 803-734-4200.
In this ESIGN Consent to Use Electronic Records, Disclosures and Signatures (“Consent”), please remember that “you” and “your” refer to the person who is establishing an account, as well as any future accounts, with us, and “we”, “us” and “our” refer to Kikoff Inc. doing business as “Oasis” (“Oasis” or the “Company”).
“Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.
By opening an account with us (each an “Account”) and then accessing your Account, you are consenting to the following terms:
Your consent to use and delivery of electronic records and disclosures.
In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be delivered to you in electronic form (“Electronic Records”). You specifically agree to the electronic delivery (i.e. the receipt and/or obtaining) of Electronic Records and Disclosures from the Company. The term “Electronic Records” includes, but is not limited to, any and all current and future notices and/or disclosures, as well as such other documents, statements, data, records and any other communications regarding your relationship to the Company. You acknowledge that, for your records, you are able to retain the Company’s electronic Communications by printing and/or downloading and saving this ESIGN Consent and any other agreements and electronic Communications, documents, or records that you agree to using your ESignature (as defined below). You accept Electronic Communications provided via your account with the Company as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
The following are examples of Electronic Records and Disclosures covered by your Consent:
The Privacy Policy;
All other agreements comprising your Agreements with the Company, and all amendments, notices and other agreements that supplement each Agreement;
Any other agreements pertaining to future accounts that you may establish with the Company and all amendments, notices and other agreements that supplement those agreements; and
Statements and reports, including without limitation account statements, fee calculation statements, transactions histories, tax forms, and reports.
You agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide the Company with instructions, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You acknowledge you are signing this Consent and the other Agreements with an E-Signature. You agree your E-Signature is the legal equivalent of your manual signature on this Consent and the other Agreements. You consent to be legally bound by this Consent's terms and conditions. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the Company. You represent that you are authorized to execute this Consent and the other Agreements for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Consent and the other Agreements.
You may obtain a paper copy of the Electronic Records, at any time by notifying us via
cash-advance-support@oasiscredit.com. We will not charge you a fee for the paper copy.
This Consent will apply on an ongoing basis unless you withdraw this Consent. You have the right to withdraw the Consent to Electronic Records and the use of your E-Signature at any time. You acknowledge that we reserve the right to restrict or terminate your access to the App and any other products and services offered by Oasis if you withdraw Consent to Electronic Records and E-Signatures.
If you wish to withdraw your Consent, contact us at cash-advance-support@oasiscredit.com.
To receive the Electronic Records, you will need a computer or mobile device with a compatible operating system and web browser, and connection to the Internet, and you will need access to a printer or the ability to download information in trading instruction to keep copies for your records. The currently compatible operating systems and web browsers are identified at [URL]. Changes, if any, to these system hardware and software requirements will be updated at that
webpage or in the App. You must periodically refer to the App for current system requirements. By establishing and then accessing an Account, you are indicating that you have the capability to access the agreements and other information, including the disclosures, and download or print copies for your records. You are responsible for installation, maintenance, and operation of your computer, mobile device, browser and software. The Company is not responsible for errors or failures from any malfunction of your computer, browser or software. The Company is also not responsible for computer viruses or related problems associated with use of an online system.
The following are the minimum hardware, software and operating system requirements necessary to use the App and receive Electronic Communications:
a current version of an Internet browser we support;
a connection to the Internet;
a current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader); and
a computer or mobile device and an operating system capable of supporting all of the above.
You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form. You must also have an active email address. By “current version,” we mean a version of the software that is currently being supported by its publisher. It is recommended that you print a copy of this Consent and all other Agreements for future reference.