cashU Terms of Use
These are the terms and conditions governing your access to and use of the website www.cashU.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you ("you" or the "Customer") represent that you agree to comply with these terms and conditions with CashU Inc. ("we", "us" or "CashU") (each a "party" and together the "parties") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Before you may become a Customer, you must read, agree with and accept this User Agreement and our Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and also access and read all further linked information referred to in this User Agreement, such as our fees schedule. Please note that by accepting this User Agreement, you are also accepting our Privacy Policy so it is important that you review the Privacy Policy as it contains further terms and conditions that apply to you as a user of the Site.
1. Description of Service
1.1. CashU operates an electronic payment service that enables Customers to send and receive payments online (the "CashU Service"). On registration, Customers are allocated an online account (a "Customer Account") which holds electronic money for use in online transactions.
1.2 All fees for use of the CashU Service ("CashU Fees") are set forth in the fees schedule posted on this Site and you acknowledge and agree that the CashU Fees may be amended from time to time in accordance with the terms of this User Agreement. You should check the fees schedule posted on this Site regularly for any changes to the CashU Fees.
1.3 You agree that you will not receive interest or other earnings on the balance in your Customer Account.
2. Relationship
2.1 CashU helps you make payments to and accept payments from certain third parties. CashU is an independent contractor and only acts as your agent with respect to the custody of your electronic money in your Customer Account. CashU does not have control of, or have liability for, any items that you may purchase online or for ensuring that online transactions will be completed by the other party. CashU will hold funds equivalent to the balance of your Customer Account separately from its corporate funds and will not use your funds for its operating expenses or any other corporate purposes.
2.2 You acknowledge and agree that: (i) CashU is not a bank and nor is it providing banking services and/or related banking services and/or carrying out functions which are integral or closely related to banking business, nor is CashU allowed to grant any form of credit, nor engage in the business of accepting deposits; (ii) Customer Accounts are not insured by any government agency and that there is no voluntary or compulsory scheme in which CashU is a member which compensates the Customer in case CashU becomes unable to satisfy claims relating to your Customer Account or otherwise in relation to the CashU Service; and (iii) whilst CashU acts as your agent in respect of its custody of your electronic money, CashU does not act as a trustee or accept any fiduciary role in respect of the electronic money in your Customer Account.
3. Registration
3.1 You must enter and maintain true, up to date, accurate and complete information as requested by us including, without limitation, your name, address, telephone number, date of birth and email address ("Registration Information") in order to become and continue as a Customer. CashU may (in its sole discretion) request that you provide further information or documentation to it at any time and for any reason including, without limitation, to confirm your identity, age and/or confirm ownership of your financial instruments and you agree that you will provide such information and/or documentation promptly to CashU on request. If you do not provide such information and/or documentation promptly to CashU on request, CashU may, without liability, limit your use of the CashU Service or suspend or close your Customer Account. Further, you authorise CashU to make any enquiries it considers necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason at CashU's sole discretion. Each person is only entitled to open one Customer Account. If you open more than one Customer Account, CashU shall contact you and ask you to identify which account is to be your Customer Account. CashU shall then, without liability, close all your other accounts and transfer any balances in those other Customer Accounts into your remaining Customer Account.
3.2 You are responsible for maintaining the confidentiality of, and restricting access to and use of, your user name, password and details of your Customer Account, and you accept responsibility for all activities that occur under or in relation to your user name, password and Customer Account. You agree to immediately notify CashU of any unauthorised use of your user name, password or Customer Account or any other breach of security. In no event will CashU be liable for any direct or indirect loss or damage whatsoever resulting from the disclosure of your user name, password and / or other Customer Account details. You agree to reimburse CashU for any improper, unauthorised or illegal use of your Customer Account, whether by you or any other person. Every person who logs into the Site by entering the correct user name and password or undertakes any transaction or transfer with the correct password and Customer Account number is assumed by CashU to be the rightful Customer Account holder and CashU regards all related transactions and/or transfers as valid. You acknowledge and agree that CashU will not reverse or refund any such transactions or transfers.
4. Adding funds to a cashU account
In order to add electronic money to your Customer Account or to otherwise purchase goods and services online using the CashU Service, you may choose from one or more options available depending on the country you are situated. Please refer to the Site for more details. You hereby authorise CashU to obtain or receive funds on your behalf from your chosen payment source (and for CashU to deduct all necessary fees (including CashU Fees (as defined below) in relation to any obtaining or receiving of such funds). You also agree to upload electronic money to your Customer Account in accordance with the directions on the Site (as may be amended by CashU from time to time) and you agree that you will not use any unauthorised, invalid or illegal payment method to upload electronic money to your Customer Account.
5. Payment
5.1 You must ensure, when using the CashU Service, to purchase goods or services online, that the merchant to whom you wish to pay is registered and approved by CashU (a "CashU Merchant").
5.2 When you make a payment from your Customer Account, CashU will authorise the transfer of the necessary electronic money (including all necessary fees (including any CashU Fees (as defined below)) from your Customer Account. You acknowledge and agree that if there are insufficient funds in your Customer Account to make the necessary payment, CashU will not authorise the payment and will cancel the transaction. CashU shall not be liable for any loss, damage or liability suffered or incurred by you that results from a transaction being cancelled in the circumstances where insufficient funds in your Customer Account prevent you from making a payment.
6. Transfer of funds from a Customer account
6.1 You may transfer funds from your Customer Account to your bank account only after registering on the Site for the CashU bank transfer services (the "CashU Bank Transfer Service") and by making a request by way of the Site for any or all of your funds from your Customer Account to be transferred electronically to your bank account (a "Bank Transfer"). You acknowledge and agree that CashU may charge you any fees necessary (including, without limitation, any bank administration fees) for the relevant Bank Transfer.
6.2 To enable CashU to carry out a Bank Transfer, you must provide CashU with details of your bank account and all other information requested by CashU. The bank account holder's name and address must be the same as the name and address of the Customer Account holder's name and you may also be required to provide to CashU, on request, with a legible copy of your valid ID (acceptable to CashU, in its sole discretion, such as a passport or a driver's license) in order for CashU to complete the Bank Transfer.
7. Fees
You are responsible for the payment of all CashU Fees in relation to your use of the CashU Service. The current CashU Fees (as may be amended by CashU from time to time in accordance with the terms of this User Agreement) are posted on the Site. Prior to registering as a Customer, and prior to carrying out any transactions using the CashU Service, you should review the CashU Fees. All CashU Fees are due and payable immediately and shall be deducted by CashU by automatic debit from your Customer Account. All CashU Fees are in US Dollars unless otherwise stated on the Site. CashU may, without liability, charge you a correction fee if incorrect payment details are provided to us by you. Please note that you are responsible for the payment of all applicable taxes, duties or other charges in relation to your use of the CashU Service.
8. Restricted Activities
8.1 You acknowledge and agree that you will not use the CashU Service: (A) to pay for any illegal material whatsoever including, without limitation, illegal downloads; (B) to pay for any goods and/or services which infringe the intellectual property or other proprietary rights of any third party; and/or (C) for, or in relation to, any illegal purpose or criminal activity of any nature.
8.2 You acknowledge and agree that CashU will report any suspicious activity to the relevant authorities. CashU may without liability: (A) apply such prevention and detection procedures as it deems necessary; (B) suspend or close any Customer Accounts; and/or (C) cancel or refuse to carry out any transactions, if CashU, in its sole discretion, suspects that you are using your Customer Account or any aspect of the CashU Service for unlawful purposes or your Customer Account is otherwise being used for unlawful purposes.
8.3 In connection with your use of the Site, your Customer Account and the CashU Service, or, otherwise, in the course of your interactions with CashU, another CashU customer, a CashU Merchant or any other third party, you will not: (A) breach this User Agreement, the Privacy Policy or any other policy on the Site; (B) violate any laws or regulations, third party rights or our policies including, but not limited to, any use or attempted use of your Customer Account for illegal and/or fraudulent purposes; (C) infringe CashU's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (D) use CashU to sell or purchase counterfeit goods; (E) act in a manner that is defamatory, libelous, unlawfully threatening or harassing; (F) provide false, fraudulent, inaccurate or misleading information; (G) send or receive what CashU reasonably believes to be potentially fraudulent funds; (H) cooperate in an investigation by CashU or provide confirmation of your identity or other requested information to CashU; (I) attempt to receive funds from both CashU and a CashU Merchant or other third party seller for the same transaction; (J) use an anonymizing proxy; (K) control a Customer Account that is linked in any way to another account that has engaged in any of these restricted activities; (L) use the Site, your Customer Account or the CashU Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties and other liabilities to CashU, another CashU customer, a CashU Merchant, any other third party or you; (M) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (N) distribute viruses, Trojan horses, worms, or other computer programming technologies that may harm the Site, or the interests or property of any other CashU customers, CashU Merchants and any other third parties, including the Site's other users; (O) take any action that may cause us to lose any services from our internet service providers, payment processors, or other suppliers; (P) circumvent or manipulate our fee structure, billing process, or fees owed to CashU; and / or (Q) transfer your Customer Account to another party without our prior written consent.
8.4 You warrant that you are not violating any applicable laws or regulations by your use of the Site, your Customer Account and/or the CashU Service, and you agree to defend, indemnify and hold CashU, its directors, employees, agents and affiliates harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability made or incurred by CashU, any CashU Merchant, any other CashU customer or any third party due to or arising out of your breach of this warranty.
8.5 If we have reason to believe that you have engaged in any of the restricted activities as set out above, we may take various actions to protect CashU, CashU Merchants, other CashU customers, any third party or you from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(A) suspending or closing your Customer Account for as long as we believe to be reasonably necessary;
(B) applying, at our sole discretion, prevention and detection procedures and refusing the execution of transactions if there are grounds to suspect that a Customer Account is being or may be used for illegal purposes; or
(C) taking further steps as CashU in its sole discretion may deem necessary including taking legal action against you.
8.6 If we close your Customer Account, we will provide you with notice of our actions. If we suspend your Customer Account, we will provide you with notice of our actions and the opportunity to request restoration of access, if and when appropriate. Any restoration of access shall be at CashU's discretion.
9. Closure of a Customer Account
9.1 You may request that CashU close your Customer Account at any time by contacting CashU Customer Support. Contact details for the CashU Customer Support are on the Site. Closure of your Customer Account will not cancel any transactions which you have already undertaken, including those which are still to be paid for from your electronic money in your Customer Account.
9.2 CashU at its sole discretion may close a Customer Account at any time upon at least one (1) week's notice to the Customer and will contact the Customer to arrange for the return of any electronic money in your Customer Account. This is without prejudice to any other rights or remedies of CashU under this User Agreement or otherwise.
9.3 If you do not log in to your Customer Account for more than six (6) months, and there are no funds in your Customer Account, CashU may suspend your Customer Account. If your account is suspended, you should contact CashU Customer Support to reactivate your Customer Account. CashU will reactivate your Customer Account at its sole discretion.
9.4 CashU may, at any time, at its sole discretion, discontinue your use of your Customer Account or the CashU Service or any part thereof. CashU shall endeavour to provide notice of any such discontinuation of your Customer Account or the CashU Service. You agree that CashU shall not be liable to you or any third party in relation to any inability for you to access to your Customer Account or the CashU Service or any part thereof.
9.5 CashU will return to you any electronic money which is in your Customer Account as soon as practicable after its closure by the most suitable payment method which CashU, in its sole discretion, shall direct to the Customer, provided that the Customer can provide CashU with either: (a) valid bank account details where the name and address details of the bank account holder match the name and address details of the Customer as registered by the Customer on the Site; or (b) a copy of a valid form of ID acceptable in its sole discretion to CashU (e.g. a passport or driving license). CashU has the right not to return disputed funds or any funds which relate to a breach of this User Agreement until such time as the dispute in relation to such funds has been resolved or, in relation to a breach of this User Agreement, a court of competent jurisdiction has determined the matter.
10. Disclaimers and Limitation of Liability
10.1 CashU makes no representations or warranties as to the continuous, uninterrupted or secure access to the CashU Service or to your Customer Account, which may be affected by factors outside of our control, or may be subject to periodic testing, repair, upgrade or maintenance.
10.2 Use of the Site is at your own risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty or guarantee of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
10.3 CashU shall make reasonable efforts to ensure that all transactions are processed in a timely manner. However, CashU makes no representations regarding the amount of time needed to complete processing of any particular transaction or transfer, nor shall CashU be liable for any direct or indirect losses or damages arising from any such delay.
10.4 The CashU Service is limited to providing the Customer with a payment facility and does not ensure the quality, safety or legality of the transaction Customer is undertaking.
10.5 The Site may include links to third party websites that are controlled or maintained by others. Accordingly CashU cannot accept any responsibility for the materials or offers for goods or services featured on such websites. Any link to other websites is not a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that CashU is not responsible for the content or availability of any such websites.
10.6 Goods and services supplied or made available through websites which are linked to this Site are supplied by third parties including, without limitation, CashU Merchants and not by CashU. Any dealings between you and such third parties, including payment for and delivery of goods or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and such third party. You agree not to hold CashU liable for any loss or damage of any kind incurred as the result of any such dealings.
10.7 CashU, its directors, employees, agents and affiliates will not be liable for any loss or damage (whether direct or indirect or consequential loss or damage) whatsoever (including, without limitation, loss of business, opportunity, data, goodwill or profits) arising out of or in connection with your use of the Site, your Customer Account and/or the CashU Service (or any part thereof) whether caused by negligence or otherwise, including without limitation arising out of or in connection with:
(A) any payments made to the wrong recipient or incorrect payments from your Customer Account due to your input of incorrect information on the Site or on a CashU Merchant's Site;
(B) any fraud, deception or misrepresentations as a result of any act, omission or negligence by you in relation to your Customer Account;
(C) any fraud, deception or misrepresentation by the recipient of electronic money sent from your Customer Account;
(D) any losses and/or damages resulting from a recipient's decision not to accept a transfer from your Customer Account;
(E) any errors or omissions in the Site content;
(F) misuse of the Site or the inability of any person to use the Site;
(G) delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system and the failure of any central computer system, servers or any part thereof; and
(H) the results of acts of any governmental or other authority, any act of God or other force majeure event.
10.8 If you have a dispute with one or more CashU customers or CashU Merchants, you agree that you release CashU (and our officers, directors, agents and employees) from any and all claims, demands, losses and damages (direct or indirect) of every kind and nature arising out of or in any way connected with such disputes. Further you acknowledge and agree that CashU will not enter into any dispute other than to confirm whether or not a payment has been made by you.
10.9 If you are dissatisfied with the Site or the CashU Service, your sole and exclusive remedy is to discontinue your use of the Site or the CashU Service (as applicable). In this circumstance, you may request that CashU arrange for the closure of your Customer Account and the return of any electronic money in your Customer Account (such electronic money to be returned in accordance with the terms of this Agreement).
11. Indemnity
You agree to indemnify and hold CashU, its directors, employees, agents and affiliates harmless from and against any breach by you of this User Agreement, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by CashU, any other CashU customers or any third parties (including any CashU Merchants) due to or arising out of your breach of this User Agreement
12. Privacy
CashU takes reasonable measures (physical, organisational and technological) to safeguard your personal information against unauthorised access and to safely store your personal information. Please review the Privacy Policy for more information on how we safeguard the personal information that you give us. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. CashU has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). The Privacy Policy posted on the Site (as amended by CashU from time to time) governs our treatment of your personal information and you should review it.
13. Intellectual Property
13.1 "CashU", "cashu.com", "CashUMall" and "CashUCard" and all related logos, page headers, custom graphics, button icons and scripts (in English and Arabic), described on the Site are either service marks, trademarks or registered trademarks of CashU or its affiliates. You may not copy, imitate or use them without CashU's prior written consent.
13.2 This Site and its content (including without limitation the Site design, text, graphics) and all software and source codes connected with the Site are protected by copyright, trademarks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of CashU. All right, title and interest in and to the Site and its content (including software) and the CashU Service is the exclusive property of CashU, its affiliates and/or its licensors (as applicable).
14. Transfer of Rights and Obligations
You hereby grant CashU the right to, and irrevocably acknowledge and agree that CashU may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. CashU shall endeavour to provide you with notice of any transfer by way of a posting on the Site. You may not, at any time, without the prior written consent of CashU, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of CashU.
15. Communication and Notices
15.1 You acknowledge and agree to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and will be deemed given on the day sent (unless an "undeliverable" email in relation to the electronic notification is received). Alternatively, we may notify you by mail, to the address provided to us in your Registration Information. In such case, notice shall be deemed given to you seven (7) days after the date of the mailing of the notice.
15.2 You will provide any notices to us by mail to CashU's postal address or by using the CashU Customer Support system on the Site. Such notice shall be deemed received by CashU only after you have received a written or electronic communication confirming receipt from CashU.
15.3 You may communicate with us in relation to any matter including, without limitation, general queries, discrepancies, claims or disputes by using the CashU Customer Support system on the Site.
16. Amendments
16.1 You acknowledge and agree that CashU may make amendments to this User Agreement from time to time. We shall endeavour to give you notice of any amendments to this User Agreement that materially increase your obligations or materially decrease your rights ("Substantial Amendment"); such notice to be provided in accordance with the terms of this User Agreement. You acknowledge and agree that CashU may, at its sole discretion and without liability, make amendments that are not Substantial Amendments without your further specific agreement, at any time and with immediate effect, by posting a notice of any such amendments on the Site.
17. General
17.1 If this User Agreement is translated into any language other than English, in case of any discrepancy or question of interpretation (including between the English and any Arabic version of this User Agreement), the English version shall prevail.
17.2 If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement.
17.3 This User Agreement (as amended from time to time by CashU in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and CashU with respect to the subject matter hereof.
17.4 No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement except in relation to any person under clause 14 who is a permitted successor or assignee of the rights and benefits of CashU.
18. Disputes with CashU
18.1 If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration ("LCIA"), whose rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within thirty (30) days from the date of the referral to the LCIA (or such greater or lesser period as may be fixed by the LCIA), the sole arbitrator shall be appointed by the LCIA. The seat or legal place of the arbitration shall be the Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English.
18.2 CashU's failure to act with respect to a breach by you or others does not waive CashU's right to act with respect to subsequent or similar breaches.
19. Governing Law
This User Agreement shall be governed by and construed in accordance with the laws of Cyprus.
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