Cashlink Privacy Notice

Cashlink is committed to protecting your personal information. This Privacy Notice describes how Bundle Technology Holdings Limited, your data controller, collects and processes your personal information, and applies to all platforms, websites, mobile applications, clients, applets and other applications that are developed to offer Cashlink services.

By using Cashlink services, you, whether being a user or a merchant, acknowledge and agree to the collection, processing, transfer and retention of your personal information by Cashlink as described in this Privacy Notice.

Personal Information We Collect From You or About You

We collect personal information from you or about you in order to provide you with our services and continually improve our products.

Depending on your use of our products and services, we may collect the following types of personal information:

(A) Personal information that you provide to us: We collect and retain personal information which you provide to us in relation to your use of our products and services. You may choose not to provide certain personal information, but this may affect your ability to use some of our products and services. Examples of personal information which we collect from you include:

- Full name (including first and last name)
- Display nameValid means of identification (including but not limited to identity card number, passport number, bank verification number)
- Data of Birth
- Physical address
- Email address
- Phone number
- Telegram username
- Occupation
- Selfie photo
- Selfie video
- Bank account details (including but not limited to account number and bank name)
- Wallet details
- Marketing preferences

(B) Personal information which is automatically collected when you use our products and services: We automatically collect and retain certain types of personal information about your use of and interaction with our products and services. Examples of personal information which we automatically collect include:

- Log data (including but not limited to Internet Protocol (IP) address, your domain and host information, Internet Service Provider (ISP) information, date and time of your use of our products and services, your computer operating system, your browser software and your browser settings)
- Login details (including but not limited to login email, username, password and location)
- Product and service metrics (including but not limited to occurrences of technical errors, your interactions with certain features or content and your setting preferences)
- Service or product version
- Time zone settings
- Device information
- Transaction details (including but not limited to payment history)

(C) Personal Information that is collected via cookies:
We use cookies and other unique identifiers to provide our products and services, enhance your experience when you use our products and services and understand how our products and services are used so that we can make improvements. The types of cookies we use are as follows:
- Necessary cookies: These cookies are essential for the correct functioning of our website and/or application, the provision of products and services to you and security purposes.
- Third party analytical cookies: These cookies are used to detect user behavior and monitor the performance and usability of our products and services.

You may manage our use of cookies through the settings of your browser. Deleting cookies from your browser will, however, remove any preferences you have set for our products and services. Some of our product features and services may not work as well if you block or otherwise reject the necessary cookies.

Purpose of Processing Your Personal Information

We collect and process your personal information for the following purposes:

- To provide you with our products and services, including but not limited to transaction services such as handling of orders and processing of payments.
- To customize our products and services for you and provide recommendations and personalized content to you.
- To communicate with you about our products and services and promotional offers.
- To provide customer service to you.To provide you with updates on our products and services.
- To compile analytics and measurements to understand how our products and services are used, provide functionality, analyze performance, troubleshoot and fix errors.To maintain and improve usability and effectiveness of our products and services.
- To develop new products and services.
- To comply with legal obligations, including but not limited to identity verification requirements.
- To prevent and detect fraud and abuse.
- To assess and manage credit risks.
- For other specific purposes which we seek your consent. When you consent to our processing of your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing your personal information for that purpose.

Legal Basis For Our Processing of Your Personal Information

The legal basis for our processing of your personal information varies depending on the specific purposes for which we use your personal information. We rely on the legal basis of:

- Performance of a contract: When we provide you with products and services and communicate with you about them.
- Our legitimate interests and the interests of our users and merchants (if applicable): When we prevent and detect fraud and abuse for security purposes.
- Compliance with a legal obligation: When we are required to comply with laws and regulations.
- Consent: When we ask you for your consent to process your personal information for a specific purpose.

Protection of Your Personal Information

Our products, services and systems are designed and built with strong security features that aim to continuously protect your personal information. We work to protect the security of your personal information during transmission by using encryption protocols and software. We also maintain technical and organizational measures in relation to our collection, processing and retention of your personal information to protect your personal information against accidental, unauthorized or unlawful loss, access or disclosure. Our security measures further help us detect and block security threats.

Sharing of Your Personal Information

While we do not sell your personal information, we may share your personal information with the following parties:

- Our subsidiaries and affiliates: For them to provide underlying technical, administrative, management and customer support.
- Third-party service providers: To help us fulfill our contractual relationship with you and/or to perform functions on our behalf. These third-party service providers include, but are not limited to, merchants, platform providers, banking institutions, payment service providers, payment processors and facilitators, wallet providers, credit risk assessors and managers, identity verification agencies, fraud prevention agencies, security providers, solutions providers, cloud service providers, customer service providers, marketers and data analysts. These third-party service providers only have access to your personal information which is necessary for them to perform their functions, and may not use your personal information for other purposes. Furthermore, they must process your personal information in accordance with our contractual agreements and only as permitted by applicable data protection laws.
- Legal authorities: When we are required by law or by court to disclose certain information about you or any engagement we may have with you to relevant regulatory authorities, law enforcement entities and/or other competent authorities. We will only disclose information about you to these legal authorities to the extent we are obliged to do so under the applicable laws. We may also be required to share your information in order to enforce or apply for our legal rights or to prevent fraud.
- Entities involved in business transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy notices (unless, of course, the user consents otherwise).

In cases where we intend to or do transfer your personal information to places outside of your place of legal residence, we put in place suitable technical, organizational and contractual safeguards to ensure that such transfer is carried out in compliance with applicable data protection laws.

Retention of Your Personal Information

We keep your personal information to enable your continued use of our products and services, for as long as it is required to fulfill the relevant purposes described in this Privacy Notice, and for as long as it may be required by applicable laws for tax and accounting purposes and compliance with anti-money-laundering laws, or as otherwise communicated to you.

Your Rights

Subject to applicable laws, you may have the following rights:

- Right to access your personal information.
- Right to rectify your personal information if it is inaccurate.
- Right to delete your personal information.
- Right to object to the processing of your personal information: For instance, you have the right to object where we process your personal information for direct marketing purposes or where we make your personal information publicly available.
- Right not to be subject to solely automated decision making.
- Right to restrict processing.
- Right to withdraw your consent: Exercising this right does not affect the lawfulness of the processing based on the consent given before the withdrawal of the consent.
- Right to data portability: You may ask us to provide you with your personal information in a structured, commonly used and machine-readable format, or, when it is possible, to pass your personal information directly to another data controller.
- Right to lodge a complaint with the relevant data protection authority: We hope that we can resolve any issues you may have about the way in which we process your personal information. However, if you have unresolved concerns, you have the right to complain to the data protection authority in the location in which you live, work or believe a data breach has occurred.

Please be aware that your rights may be limited in certain circumstances, such as where we can demonstrate that we are legally required to process your personal information or where it is necessary for us to process your personal information for the defense of legal claims.

Contact Information

If you have any questions or issues with respect to our collection and processing of your personal information, please contact our Data Protection Officer at the following email address: privacy@cashlink.to

Link to Third Parties

Our websites and applications may contain links to third-party websites or applications which we believe may offer useful information. These linked websites or applications are, however, not under our control and this Privacy Notice does not apply to them. We suggest you contact those third parties directly for information on their privacy policies and data processing practices.

Notices and Revisions

We reserve the right to modify and revise this Privacy Notice from time to time. You should check our websites frequently to stay up to date with recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we collect and process about you. Your continued use of our products and services shall constitute your agreement and consent to the revised Privacy Notice.  

Cashlink User Terms and Conditions

1

INTRODUCTION

1.1

These terms and conditions (the “Terms”) are a contract between you and Cashlink that governs your use and access to the Cashlink services, the Application (as defined below), the associated Platform (as defined below), Account (as defined below) and Wallet (as defined below), exchange and transfer services, websites, software, programs and any other products, features, and services we provide to you (collectively, the “Services”). The Services may be used or accessed by for personal use by natural persons who are eligible to use the Services (collectively, “Users” and individually a “User”). “Cashlink”, “we”, “us” and “our”, means Bundle Technology Holdings Limited and its affiliates.

1.2

By downloading, accessing, registering or otherwise using the Services in any way, you agree that you have read, understood, and accepted the Terms.

2

POLICIES INCORPORATED BY REFERENCE

These terms and conditions (the “Terms”) are a contract between you and Cashlink that governs your use and access to the Cashlink services, the Application (as defined below), the associated Platform (as defined below), Account (as defined below) and Wallet (as defined below), exchange and transfer services, websites, software, programs and any other products, features, and services we provide to you (collectively, the “Services”). The Services may be used or accessed by for personal use by natural persons who are eligible to use the Services (collectively, “Users” and individually a “User”). “Cashlink”, “we”, “us” and “our”, means Bundle Technology Holdings Limited and its affiliates.

3

REVISION OF TERMS

3.1

We are constantly improving the Services, and periodically we will need to revise or amend the Terms. Accordingly, we reserve the right to amend the Terms at any time for any reason without notice to you. The revised version will be effective at the time we publish it on our website or within the Application with the “Last Modified” date provided at the top of the Terms. Continuing to use the Services will constitute your acceptance of this Terms, as revised. If you do not agree to the revised Terms, do not use or access the Services.

4

SELECT DEFINITIONS

Application” means the Cashlink mobile application embedded in a Platform (as defined below).

Applicable Law” means any and all federal, state, local or foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders, or determinations of (or agreements with), and mandatory written direction from (or agreements with), any Governmental Authority relating to sanctions and export controls, stored value, money transmission, remittance business, unclaimed property, payment processing, telecommunications, unfair or deceptive trade practices or acts, anti-corruption, trade compliance, anti-money laundering, counter-terrorism financing, “know your customer” requirements, data privacy, or data security.

Claim(s)” includes, without limitation, all actions or demands of any kind that you have or may have in the future, causes of action, damages, penalties, losses, legal fees, costs, expenses, obligations, and all other liabilities of any kind or description whatsoever, either in law or in equity, whether known or unknown.

Equipment” means any hardware, software or networks associated with your access to or use of the Services, including, but not limited to, your mobile device, laptop, internet browser, or operating system.

Governmental Authority” means any duly authorised federal, national, supranational, state, provincial, local, or other government, governmental, regulatory, or administrative authority, agency, or commission, or any court, tribunal, or judicial or arbitral body, of competent jurisdiction.

Merchant” means a User who is verified and approved by Cashlink to fulfil Deposit Request (as defined below) and Withdrawal Request (as defined below) made by other Users.

Merchant Fee” means the fee to be earned by a Merchant on each Deposit Request or Withdrawal Request fulfilled. This fee shall be credited to the Merchant save a fee to be charged by Cashlink.

Platform” means the Cashlink platform and/or any other third party or affiliated platforms that we may partner with from time to time in connection with your use of the Application and the Services.

Platform Provider” means the owner and/or operator of the Cashlink Platform and/or any other third party or affiliated platforms that we may partner with from time to time in connection with your use of the Application and the Services. 

Wallet” means a digital wallet based on a Platform and linked to an Account.

5

ACCOUNT AND WALLET ON PLATFORM

You would need to have an account with a designated Platform (the “Account”) and a Wallet to use the Services and your use of the Services will constitute your acceptance of the terms and conditions of that Platform (including without limitation any eligibility and identity verification requirements). We are not responsible or liable for any products or services of the Platform Provider and we do not make any representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such a platform.

6

EQUIPMENT

6.1

The Services may not work, in whole or in part, with all Equipment. We reserve the right to impose certain limitations or restrict certain features offered to you within the Services.

6.2

If you use the Services, you are solely responsible for any fees that your wireless service provider may impose, or other third party charges, such as fees for any messages or data services. Your wireless service provider is not the provider of the Services, and we are not responsible for the Equipment you use to download or use the Services.

6.3

The availability and functionality of the Services may be subject to data transmission limitations or interruptions for any reason, including but not limited to, Equipment malfunction, periodic updates, maintenance, or repair of the Services or the financial services networks maintained by third parties, or other actions that we, in our sole discretion, may elect to take.

6.4

We do not guarantee that the Services (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that we are not responsible for any performance degradation, fees, interruption, or delays related to your Equipment and any consequences resulting therefrom.

7

THE SERVICES

7.1

Description of the services

7.1.1

Cashlink provides you with the ability to (i) conduct person-to-person transfers of local fiat currency; (ii) transfer local fiat currency from your Account to your linked bank account via the Services; (iii) transfer local fiat currency from your linked bank account to your Account via the Services; (iv) and use any additional features we may provide through your use of the Services.

7.1.2

If you access the Services through another mobile application other than the Platform, some of the Services may not be available to you, in whole or in part, within that third party application.

7.1.3

From time to time, we may impose limits on the size of transactions you conduct. 

7.2

User’s Representations and Warranties

7.2.1

By using the Services, you represent and warrant that you are legally entitled to accept and agree to the Terms and that you have the right, authority, and capacity to use the Services and to abide by the Terms. You further represent and warrant that all the information which you provide to us shall be true and accurate.

7.2.2

Your use of the Services is for your own sole personal use and you undertake not to authorise others to use your identity or User status. When using the Services, you agree to comply with all Applicable Laws including the laws and regulations of the jurisdiction in which you are present while using the Services.

7.3

Third Party Providers; Links to Other Sites

7.3.1

To provide you with certain features as part of the Services, Cashlink may integrate third-party applications into the Services. Accordingly, your use of certain features may be subject to your acceptance of separate terms with such third parties. We are not a party to those agreements, but to use the Services, you must agree to comply with those third-party terms. You acknowledge that we have no responsibility for the products or services provided by third parties.

7.3.2

This Agreement, the Application, or third-party integrations that provide you access to the Application may reference other websites which are not under Cashlink’s control. Cashlink is not responsible for the contents or terms of any website to which a link is provided. Links do not imply that Cashlink endorses any such websites, and Cashlink does not make any warranty or representation as to the accuracy, security, or operability of those websites. Usage of such services and/or websites will be governed by the terms applicable to your use of the third-party services. The disclaimer of warranties in the Terms also applies to any linked website.

7.4

License Grant

Cashlink or our licensors own all right, title, and interest in and to the Services and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, license or right to access and use the Services (including all updates, upgrades, and new versions of the same), and related content, materials, and information for your personal use only in accordance with the Terms. Except as expressly set forth in this clause, you obtain no rights under the Terms from us, our affiliates, or our licensors to the Services, including any related intellectual property rights.

7.5

License Restrictions

7.5.1

You are not authorised to use the Services in any manner or for any purpose other than expressly permitted by the Terms.

7.5.2

You agree you will not attempt to: 

(i) modify, distribute, alter, tamper with, repair, or otherwise create any derivative works of any Services, the Application, software, any related content, materials, and information, and any other technology made available to you by Cashlink or its affiliates and licensors; 

(ii) reverse engineer, disassemble, or decompile the Services, Application, software, or any other technology or apply any other process or procedure to derive the source code of any software included in the Services (except to the extent Applicable Law does not allow this restriction); and 

(iii) resell, rent, lease, use for commercial purposes of any kind, sublicense, or otherwise transfer your rights in the Services, the Application and related content, materials, and information to a third party. 

7.5.3

You must comply with the implementation and use requirements contained in all Cashlink documentation accompanying the Services (if any). If you do not comply with Cashlink’s implementation and use requirements, you will be liable for all resulting damages suffered by you, Cashlink, and third parties.

7.5.4

You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your endeavours). You will not imply any relationship or affiliation between us and you except as expressly permitted by the Terms.

7.6

Use of Other Intellectual Property Rights

Cashlink and the Cashlink logo are service marks/trademarks of Cashlink. All other featured logos are service marks/trademarks of their respective owners. You acknowledge and agree that the Application’s and the Services’ contents, including their text, graphics, images, logos and button icons, photographs, editorial content, notices, software, look and feel (including HTML-based computer programs), and other material used by us for the Application and the Services are proprietary to us and our licensors and protected under both UK and other applicable copyright, trademark and other laws. As such, you will not gain any ownership or other right, title, or interest in or to them by reason of the Terms or otherwise unless expressly granted to you herein. Except as otherwise expressly stated herein, the Application, the Services and their contents may not be copied, reproduced, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent.

7.7

Feedback

7.7.1

You may be asked to provide feedback in different forms including, but not limited to surveys, research program participation requests, and other such requests for feedback regarding your use of the Services.

7.7.2

You acknowledge that Cashlink owns any feedback you give to us about the Services, and you hereby grant to Cashlink a perpetual, non-revocable, royalty-free worldwide license to use, fully exploit, incorporate, or otherwise use without restriction such feedback into any Cashlink product or service (including the Services) at any time.

7.8

Data Privacy and Data Security

7.8.1

Cashlink’s Privacy Policy describes how Cashlink collects and processes information from you, including information about you from other products and services that Cashlink and our affiliates provide. The Privacy Policy also explains how we use and share this information.

7.8.2

Cashlink’s Privacy Policy describes how Cashlink collects and processes information from you, including information about you from other products and services that Cashlink and our affiliates provide. The Privacy Policy also explains how we use and share this information.

8

Transfers

8.1

Depoosit Cash

8.1.1

To deposit an amount of local fiat currency to your Wallet, access the Application on the Platform and specify the amount of local fiat currency (the “Deposit Amount”) that you would like to deposit to your Wallet (your “Deposit Request”). You should verify all Deposit Requests before submitting them to us. We will match your Deposit Request with suitable Merchants who can fulfil your Deposit Request for a Merchant Fee and we will ask you to select one (1) Merchant to fulfil your Deposit Request.

8.1.2

After you have confirmed your selection of the Merchant, we will send your Deposit Request to them (a “Willing Deposit Merchant”). We will ask you to transfer the Deposit Amount to the Willing Deposit Merchant’s designated bank account or wallet using the Wiling Deposit Merchant’s preferred payment method and confirm that you have transferred.

8.1.3

After you have confirmed that you have transferred the Deposit Amount to the Willing Deposit Merchant’s designated bank account or wallet using the Wiling Deposit Merchant’s preferred payment method and the Willing Deposit Merchant has confirmed that he/she has received the Deposit Amount, we will add an amount equal to the Deposit Amount to your Wallet save the Merchant Fee.

8.1.4

If you do not confirm that you have transferred the Deposit Amount, your Deposit Request will not be processed and we will not add the Deposit Amount to your Wallet.

8.2

Withdraw Cash

8.2.1

To withdraw an amount of local fiat currency from your Wallet, access the Application on the Platform and specify the amount of local fiat currency (the “Withdrawal Amount”) that your designated bank account would like to receive and your preferred payment method (your “Withdrawal Request”). You should verify all Withdrawal Requests before submitting them to us. We will match your Withdrawal Request with suitable Merchants who can fulfil your Withdrawal Request for a Merchant Fee and we will ask you to select one (1) Merchant to fulfil your Withdrawal Request.

8.2.2

After you have confirmed your selection of the Merchant, we will send your Withdrawal Request to them (a “Willing Withdrawal Merchant”). We will ask the Willing Withdrawal Merchant to transfer an amount equal to the Withdrawal Amount to your designated bank account or wallet save the Merchant Fee, using your preferred payment method and confirm that he or she has transferred. We will notify you through the Application once the Willing Withdrawal Merchant has confirmed that he/she has transferred the Withdrawal Amount to your designated bank account using your preferred payment method and upon receiving our notification you are required to confirm that your designated bank account or wallet has received the Withdrawal Amount.

8.2.3

After you have confirmed that your designated bank account has received the Withdrawal Amount, we will deduct an amount equal to the Withdrawal Amount from your Wallet.

8.2.4

If you do not confirm that you have received the Withdrawal Amount, your Withdrawal Request will not be processed and we will not deduct the Withdrawal Amount from your Wallet. Should you wilfully refuse or fail to confirm receipt of the Withdrawal Amount, Cashlink may at its sole discretion and with evidence supported, deduct the Withdrawal Amount from your Wallet

8.3

We do not control how the Platform will handle the Deposit Amount and the Withdrawal Amount upon submission or receipt of a deposit and withdrawal, including when you will receive the Withdrawal Amount or the Deposit Amount (as the case may be), when the Willing Deposit Merchant or the Wiling Withdrawal Merchant (as the case may be) will receive the Merchant Fees, the Withdrawal Amount or the Deposit Amount (as the case may be) or whether the Platform imposes any fees. You therefore acknowledge and agree that local fiat currencies you send to or receive from your Wallet may be subject to holds, limitations, or reversals. You also agree that we may deduct any amount you receive to your Wallet if we determine that the transaction or your Wallet or Account is in violation of Applicable Law or any of the Terms.

8.4

Cashlink does not control the experience, security or ability of your, a Willing Deposit Merchant’s or a Willing Withdrawal Merchant’s bank to complete a deposit or withdrawal under this Clause 8. Cashlink is not liable for any financial or other loss or damage you may sustain while conducting a deposit or withdrawal under this Clause 8.

8.5

Cashlink allocates a Merchant to a Deposit Request or Withdrawal Request based on Cashlink’s proprietary algorithm in determining (i) a Merchant’s suitability in respect of the request; and (ii) the speed in which a Merchant accepts a Deposit Request or Withdrawal Request upon him/her being notified of such a request. Any decisions made by Cashlink regarding the allocation is final and binding and at our sole and absolute discretion.

8.6

Transaction History

You can view your transaction history by logging into your Account on the relevant application.

9

FEES; TAXES

9.1

Merchant Fees

9.1.1

Merchants may charge you a Merchant Fee to fulfil a Withdrawal Request or a Deposit Request. A Merchant may amend the Merchant Fees at any time. Any Merchant Fees imposed by the Merchants would be displayed in the Application.

9.1

Taxes

9.2.1

Your use of the Services to conduct a deposit or withdrawal under Clause 8 may be subject to various taxes, such as an income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority. Please consult your transaction history through the Application.

9.2.2

We do not and, at this time, are not obligated to collect any taxes on your behalf. If Cashlink is required to collect, remit and/or withhold such applicable taxes, you are required to provide necessary tax information or documents in order for us to calculate and collect accurate taxes or withholding from you. Your transactions may also be subjected to other tax and reporting requirements, such as for personal income taxes.

10

REFUNDS; COMPLAINTS

10.1.1

If you suspect an error or unauthorized transaction was made using the Application, you should notify us as soon as possible, but no later than fifteen (15) calendar days from the date the transaction is posted to your transaction history. You agree to fully cooperate with our investigation by providing any information and/or additional documents as requested.

10.2.1

Cashlink will only conduct an investigation if you suspect that: 

(i) we made a computational or bookkeeping error;
(ii) we debited or credited the incorrect amount in your Wallet;
(iii) your transaction history does not accurately report a transaction; or
(iv) you failed to receive a transaction confirmation, or the amounts displayed on your transaction confirmation and transaction receipt differ.

10.2.2

Following our investigation, we will make a determination on whether to honour your refund request. Cashlink does not refund a transaction if, for example, you:

(i) file a chargeback claim with your bank for the same transaction;
(ii) accidentally sent local fiat currency to the wrong person or receive local fiat currency from someone you do not know;
(iii) buy or sell a good or service; or
(iv) someone you know uses your Account or Wallet to conduct a transaction you later wish to cancel.

10.3

Complaints

You may submit a complaint to us regarding transactions, refunds, the Application, the Services, or other matters that may warrant investigation by us (a “Complaint”). If you suspect someone has without your authorisation used your identity to create an Account or perform a transaction using your Account or Wallet, please submit a Complaint, in addition to pursuing any other civil or criminal remedies you may have. To submit a Complaint, contact the Platform’s support team through the chat functionality in the Application. The relevant support team will take action to address a Complaint in accordance with the Terms. You agree to use this process before submitting any dispute for dispute resolution.

10.4

Documentary Evidence of Payment

We strongly advise you to keep all evidence of your payment(s) made to a Merchant’s designated bank account for dispute resolution purposes.

11

AML/CTF AND SANCTIONS COMPLIANCE

11.1

Commitment to AML/CTF and Sanctions Compliance

We are firmly committed to participating in international efforts to combat money laundering, the funding of terrorist activities, and other illicit conduct that is the focus of financial and economic sanctions. We have implemented a risk-based global anti-money laundering compliance program designed to comply with Applicable Law and other global standards and best practices relating to the prevention of money laundering and terrorist financing (“AML Laws”), as well as laws and regulations relating to the imposition of financial and economic sanctions, in the jurisdictions in which we operate.

11.2

Suspicious Activity Monitoring and Holds

To comply with AML Laws and sanctions laws and regulations, and to protect you from unlawful use of the Services, Cashlink monitors transactions for potential fraud, suspicious activity, and sanctions evasion. As a result, in some cases your transactions, funds, Wallet or Account may be suspended, reversed, rejected, delayed, placed on hold, limited, or blocked to permit these processes to proceed to conclusion. In addition, Cashlink may be required to file suspicious activity reports with the applicable Governmental Authority.

12

INDEMNIFICATION; RELEASE; LIMITATION OF LIABILITY

12.1

Indemnification

You will defend, indemnify, and hold harmless Cashlink, its affiliates, and each of their respective shareholders, members, directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any losses, liabilities, damages and all related costs and expenses arising out of or relating to any Claim concerning:

(i) your access to or use of the Services, including information provided in connection therewith;
(ii) your breach or alleged breach of the Terms or Applicable Law;
(iii) any misrepresentation made by you; or
(iv) any dispute between you and a third party, including without limitation if such third party is also a User or a Merchant. You will cooperate as fully as required by us in the defense or settlement of any Claim.

12.2

Release

If you have a dispute with one or more Users, Merchants, or one of our third-party service providers, you release the Indemnified Parties, joint ventures, partners, and suppliers from any and all Claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. To the extent permitted by Applicable Law, you waive and release the Indemnified Parties from all Claims you have or may have arising from or relating to the Terms.

12.3

Limitation of Liability

In no event shall the Indemnified Parties be liable to you for any special, incidental, indirect, intangible, consequential or punitive damages (whether in contract, tort, or otherwise), or for any assertion by a third party, related to or arising out of the Terms or the Services, including but not limited to loss of profits, loss of business or goodwill, or loss of use (even if the Indemnified Parties have been advised of the possibility of such losses or damages). The Indemnified Parties’ aggregate liability relating to, arising out of, or in any way in connection with the Terms or the Services will not exceed an amount equal to the amount paid in fees to Cashlink in the 12 months preceding the claim or One Thousand United States Dollars (US$1000), whichever is less as a result of Cashlink’s breach of the Terms. To the fullest extent permitted by applicable law, the Indemnified Parties will not be liable for any delays or mistakes, non-delivery of payments, losses, redemption value, or damages if we are unable to provide the Services (or any part thereof) or perform any of our obligations in the Terms due to, directly or indirectly: custody or security issues; bugs, backlogs, failures, hacks or cyber attacks; data breaches; the failure of any equipment or any industrial dispute, communication system, internet service, payment method or system; national emergency, riots, war, flood, explosion, quarantine, pandemic, act of God or any other event beyond our control.

12.4

No warranties

Except as expressly set forth in the Terms, the Indemnified Parties make no representations or warranties and expressly disclaim all warranties, whether express or implied, written or oral, statutory, or otherwise, including implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or performance, usage, or trade practices. The Services are provided “as is” and Cashlink does not warrant that the Services will be error-free or uninterrupted. We will not be responsible for any service interruptions, including, but not limited to, custody or cybersecurity breaches, power outages, IT system failures or other interruptions that may affect the receipt, processing, acceptance, payment, completion, or settlement of transfers or use of the Services or the Application.

13

PROHIBITED ACTIVITIES

13.1

In connection with your use of the Services, you agree that Cashlink, without notice (except as required by Applicable Law) and without liability to us, may refuse your Deposit Requests, your Withdrawal Requests, suspend, deactivate, limit, or terminate access to, or refuse to provide, any Services, in our sole and absolute discretion, including without limitation, if you engage in any of the following “Prohibited Activities”:

13.1.1

breach any provision of the Terms, which we shall have the right to determine in our sole and absolute discretion;

13.1.2

use the Services for any unlawful purpose or in violation of Applicable Law, which we shall have the right to determine in our sole and absolute discretion;

13.1.3

create or control more than one personal Account for yourself without our or the Platform provider’s express authorisation, through, among other methods, using a name that is not yours, using a temporary phone number or email address, or providing any other falsified personal information;

13.1.4

act in a manner that is defamatory, trade libellous, threatening, or harassing;

13.1.5

infringe Cashlink’s, our affiliates’, or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

13.1.6

provide us false, inaccurate, incomplete, or misleading information;

13.1.7

provide offensive or inappropriate images to us;

13.1.8

send, receive, or participate in what we reasonably believe to be suspicious or potentially fraudulent transactions;

13.1.9

refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

13.1.10

access the Services while residing or being located in a jurisdiction that is restricted by Cashlink, including jurisdictions where we are not approved to operate;

13.1.11

employ any means to defraud Cashlink, Merchants or other Users, or enrich yourself, through any means, whether fraudulent or otherwise;

13.1.12

take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; attempt to hack; scrape; use an anonymizing proxy; use any robot, spider, other automatic device or manual process to monitor or copy the Application source code or the Platform source code without our or the Platform provider’s prior written permission; use any device, upload material containing viruses or any other harmful programs, software or routine to bypass our robot exclusion headers (if any); or interfere or attempt to interfere with the Services; or

13.1.13

take any action that may cause us or potentially cause us to lose third party partner services.

13.2

Additionally, we may, at our sole discretion and without waiving any of our rights, reverse any funds, freeze, close, cancel, suspend, or limit your use of or access to your balance, funds, Account, Wallet, and/or the Services. We may report or disclose to a Governmental Authority information concerning your Account, Wallet, transactions, or use of the Services where we determine in our sole discretion that such report or disclosure may be required by Applicable Law or is otherwise appropriate.

14

OTHER PROVISIONS

14.1

Headings and Hyperlinks

All headings and titles used in the Terms are used for convenience only and are not to be considered in construing or interpreting the Terms. Highlighted and underlined words may contain links to additional terms.

14.2

Whole Agreement

The Terms, along with the Privacy Policy incorporated by reference, contain the whole agreement between you and Cashlink with respect to the Services at the Effective Date to the exclusion of any terms implied by law which may be excluded by contract and supersedes any other previous written or oral agreement between you and Cashlink with respect to the Services.

14.3

Waiver

Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if Cashlink does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Cashlink has the benefit of under any Applicable Law), this will not be considered to be a formal waiver of Cashlink’s rights and that those rights or remedies will still be available to Cashlink.

14.4

Assignment

You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of their rights and obligations under the Terms without our prior written consent. Cashlink may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Terms without reference to you.

14.5

Remedies

No remedy conferred by any of the provisions of the Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by Cashlink shall not constitute a waiver by Cashlink of the right to pursue any other available remedies.

14.6

Third-Party Rights

A person who is not a party to the Terms has no right to enforce any term of, or enjoy any benefit under, the Terms.

14.7

Third-Party Rights

Except as otherwise stated herein, any notice to Cashlink must be sent by email to our address at: compliance@cashlink.to.

14.8

Invalidity

14.8.1

if any provision in the Terms shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of you and Cashlink.

14.8.2

To the extent it is not possible to delete or modify the provision, in whole or in part, under Clause 14.8.1, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of the Terms and the legality, validity and enforceability of the remainder of the Terms shall, subject to any deletion or modification made under Clause 14.8.1, not be affected.

14.9

Translation

The Terms may be translated into another language. However, in the event of any inconsistency between the English language version and a translated version, this English version will at all times prevail and take precedence. Any translation must include a provision to the same effect as this Clause.

14.10

Force Majeure

Cashlink shall not liable for any delay or non-performance of our obligations under the Terms arising from any cause beyond its reasonable control including strikes or labour disputes, lock-outs, acts of God, war, terrorist attack, riot, civil commotion, malicious damage, compliance with any law, governmental order, rule, regulation or direction or any action taken by a government or public authority (including imposing an export or import restriction, quota or prohibition), nuclear, chemical or biological contamination, sonic boom, pandemic, epidemic, breakdown of or error or non-performance of plant, machinery, utility service, technology or communications networks, fire, explosion, collapse of buildings, flood or storm.

14.11

Termination

The Terms are in effect each time you use the Services. Cashlink may terminate your use of the Services at any time without cause or prior notice. This may happen, for example, if your identity cannot be verified or the action is necessary to protect the security of the Services. The Terms will continue to apply following its termination with respect to any obligations incurred or arising prior to its termination.

14.12

Nature of the Terms

Nothing in the Terms will create, or be deemed to create a partnership, a joint venture, an agency or a fiduciary duty between you and Cashlink. You shall not have any authority to transact any business in the name of Cashlink or on its behalf or to incur any liability for or on behalf of Cashlink.

14.13

Governing Law and Dispute Resolution

14.13.1

The Terms shall be governed by and construed in accordance with the laws of England and Wales.

14.13.2

Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

Cashlink Merchant Terms and Conditions

1

INTRODUCTION

1.1

These terms and conditions (the “Terms”) are a contract between you and Cashlink that governs your use and access as a Merchant (as defined below) to the Cashlink services, the Application (as defined below), the associated Platform (as defined below), Account (as defined below) and Wallet (as defined below), exchange and transfer services, websites, software, programs and any other products, features, and services we provide to you as a Merchant (collectively, the “Merchant Services”). “Cashlink”, “we”, “us” and “our”, means Bundle Technology Holdings Limited and its affiliates.

1.2

By registering as a Merchant or using the Merchant Services, you agree that you have read, understood, and accepted the Terms.

2

POLICIES INCORPORATED BY REFERENCE

You agree to be bound by Cashlink’s Privacy Policy which is referenced and incorporated by reference herein. Please carefully read each Policy. All references to the Terms will mean the Terms and the Privacy Policy, taken together, unless expressly stated otherwise.

3

REVISION TO THE TERMS  

3.1

We are constantly improving the Merchant Services, and periodically we will need to revise or amend the Terms. Accordingly, we reserve the right to amend the Terms at any time for any reason without notice to you. The revised version will be effective at the time we publish it on our website or within the Application with the “Last Modified” date provided at the top of the Terms. Continuing to use the Merchant Services will constitute your acceptance of this Terms, as revised. If you do not agree to the revised Terms, do not use or access the Merchant Services.

4

SELECT DEFINITIONS 

Application” means the Cashlink mobile application embedded in a Platform (as defined below).

Applicable Law” means any and all federal, state, local or foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders, or determinations of (or agreements with), and mandatory written direction from (or agreements with), any Governmental Authority relating to sanctions and export controls, stored value, money transmission, remittance business, unclaimed property, payment processing, telecommunications, unfair or deceptive trade practices or acts, anti-corruption, trade compliance, anti-money laundering, counter-terrorism financing, “know your customer” requirements, data privacy, or data security.

Claim(s)” includes, without limitation, all actions or demands of any kind that you have or may have in the future, causes of action, damages, penalties, losses, legal fees, costs, expenses, obligations, and all other liabilities of any kind or description whatsoever, either in law or in equity, whether known or unknown.

Equipment” means any hardware, software or networks associated with your access to or use of the Merchant Services, including, but not limited to, your mobile device, laptop, internet browser, or operating system. 

Governmental Authority” means any duly authorised federal, national, supranational, state, provincial, local, or other government, governmental, regulatory, or administrative authority, agency, or commission, or any court, tribunal, or judicial or arbitral body, of competent jurisdiction.

Merchant” means a User who is verified and approved by Cashlink to fulfil Deposit Request (as defined below) and Withdrawal Request (as defined below) made by other Users. 

Merchant Fee” means the fee to be earned by a Merchant on each Deposit Request or Withdrawal Request fulfilled. This fee shall be credited to the Merchant save a fee that may be charged by Cashlink.      

Platform” means the Cashlink platform and/or any other third party or affiliated platforms that we may partner with from time to time in connection with your use of the Application and the Merchant Services. 

Platform Provider” means the owner and/or operator of the Cashlink Platform and/or any other third party or affiliated platforms that we may partner with from time to time in connection with your use of the Application and the Services.  

User” means a natural person who is eligible to use the services provided by Cashlink.

Wallet” means a digital wallet based on a Platform and linked to an Account.

5

ACCOUNT AND WALLET ON PLATFORM

You would need to have an account with a Platform (the “Account”) and a Wallet to use the Merchant Services and your use of the Merchant Services will constitute your acceptance of the terms and conditions of that Platform (including without limitation any eligibility and identity verification requirements). We are not responsible or liable for any products or services of the Platform Provider and we do not make any representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such a platform.

6

REGISTERING AS A MERCHANT 

6.1

Eligibility

To be eligible as a Merchant, you must be a User, at least 18 years of age, legally capable of entering into this Agreement, and reside in a jurisdiction where the Merchant Services are offered.

6.2

Registration and Identity Verification

6.2.1

To register as a Merchant, you must provide certain personal information which may include, but is not limited to, your full name, email address, mobile phone number, date of birth, residential address, occupation, a self-portrait photograph (a ‘selfie’), a valid, unexpired government-issued form of identification (“ID”), and a copy of your utility bill issued within three (3) months matching your full name and the residential address provided. Your registration will not be complete and Cashlink will not approve you as a Merchant unless and until Cashlink has verified your identity.

6.2.2

We are required by Applicable Law to request and obtain your ID and other information or documents (including without limitation the personal information in Clause 6.2.1) to confirm and verify your identity. You agree that all information you provide during registration or at any other time will be complete, accurate, up to date, and truthful. Further, you authorise Cashlink to collect and process data about you as we deem necessary to validate your identity and for anti-fraud, regulatory compliance, integrity, and risk purposes. These inquiries or the collection of information about you may be made directly or through third parties, including your social media, to allow us to reasonably identify you. You also permit us to keep a record of your information in accordance with Applicable Law and our Privacy Policy.

6.2.3

We reserve the right to refuse to approve your application as a Merchant if we are unable to verify your identity or if, upon verification, we are prohibited by Applicable Law from allowing you to be a Merchant.

6.2.4

Approval of your application is not guaranteed upon submission of all requested documents or information. We have the sole discretion to deny or approve any application without reason.

7

EQUIPMENT

7.1

The Merchant Services may not work, in whole or in part, with all Equipment. We reserve the right to impose certain limitations or restrict certain features offered to you within the Merchant Services.

7.2

If you use the Merchant Services, you are solely responsible for any fees that your wireless service provider may impose, or other third party charges, such as fees for any messages or data services. Your wireless service provider is not the provider of the Merchant Services, and we are not responsible for the Equipment you use to download or use the Merchant Services.

7.3

The availability and functionality of the Merchant Services may be subject to data transmission limitations or interruptions for any reason, including but not limited to, Equipment malfunction, periodic updates, maintenance, or repair of the Merchant Services or the financial services networks maintained by third parties, or other actions that we, in our sole discretion, may elect to take.

7.4

We do not guarantee that the Merchant Services (or any portion thereof) will be available at all times or in all areas. You acknowledge and agree that we are not responsible for any performance degradation, fees, interruption, or delays related to your Equipment and any consequences resulting therefrom.

8

THE MERCHANT SERVICES

8.1

Description of the Merchant Services

8.1.1

Cashlink provides you with the ability to fulfil Deposit Requests (as defined below) and Withdrawal Requests (as defined below) from Users to earn Merchant Fees; and use any additional features we may provide through your use of the Merchant Services.

8.1.2

If you access the Merchant Services through another mobile application other than the Platform, some of the Merchant Services may not be available to you, in whole or in part, within that third party application.

8.1.3

From time to time, we may impose limits on the size of transactions you conduct.

8.2

Merchant’s Representations and Warranties

8.2.1

By using the Merchant Services, you represent and warrant that you are legally entitled to accept and agree to the Terms and that you have the right, authority, and capacity to use the Merchant Services and to abide by the Terms. You further represent and warrant that all the information which you provide to us shall be true and accurate.

8.2.2

Your use of the Merchant Services is for your own sole personal use and you undertake not to authorise others to use your identity or Merchant status. When using the Merchant Services, you agree to comply with all Applicable Laws including the laws and regulations of the jurisdiction in which you are present while using the Services.

8.3

Third-Party Providers; Links to Other Sites

8.3.1

To provide you with certain features as part of the Merchant Services, Cashlink may integrate third-party applications into the Merchant Services. Accordingly, your use of certain features may be subject to your acceptance of separate terms with such third parties. We are not a party to those agreements, but to use the Merchant Services, you must agree to comply with those third-party terms. You acknowledge that we have no responsibility for the products or services provided by third parties.

8.3.2

This Agreement, the Application, or third-party integrations that provide you access to the Application may reference other websites which are not under Cashlink’s control. Cashlink is not responsible for the contents or terms of any website to which a link is provided. Links do not imply that Cashlink endorses any such websites, and Cashlink does not make any warranty or representation as to the accuracy, security, or operability of those websites. Usage of such services and/or websites will be governed by the terms applicable to your use of the third-party services. The disclaimer of warranties in the Terms also applies to any linked website.

8.4

License Grant

Cashlink or our licensors own all right, title, and interest in and to the Merchant Services and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, license or right to access and use the Merchant Services (including all updates, upgrades, and new versions of the same), and related content, materials, and information for your personal use only in accordance with the Terms. Except as expressly set forth in this clause, you obtain no rights under the Terms from us, our affiliates, or our licensors to the Merchant Services, including any related intellectual property rights.

8.5

License Restrictions

8.5.1

You are not authorised to use the Merchant Services in any manner or for any purpose other than expressly permitted by the Terms.

8.5.2

You agree you will not attempt to: 

(i) modify, distribute, alter, tamper with, repair, or otherwise create any derivative works of any Merchant Services, the Application, software, any related content, materials, and information, and any other technology made available to you by Cashlink or its affiliates and licensors;

(ii) reverse engineer, disassemble, or decompile the Merchant Services, Application, software, or any other technology or apply any other process or procedure to derive the source code of any software included in the Merchant Services (except to the extent Applicable Law does not allow this restriction); and

(iii) resell, rent, lease, use for commercial purposes of any kind, sublicense, or otherwise transfer your rights in the Merchant Services, the Application and related content, materials, and information to a third party.

8.5.3

You must comply with the implementation and use requirements contained in all Cashlink documentation accompanying the Merchant Services (if any). If you do not comply with Cashlink’s implementation and use requirements, you will be liable for all resulting damages suffered by you, Cashlink, and third parties.

8.5.4

You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your endeavours). You will not imply any relationship or affiliation between us and you except as expressly permitted by the Terms.

8.6

Use of Other Intellectual Property Rights

Cashlink and the Cashlink logo are service marks/trademarks of Cashlink. All other featured logos are service marks/trademarks of their respective owners. You acknowledge and agree that the Application’s and the Merchant Services’ contents, including their text, graphics, images, logos and button icons, photographs, editorial content, notices, software, look and feel (including HTML-based computer programs), and other material used by us for the Application and the Merchant Services are proprietary to us and our licensors and protected under both UK and other applicable copyright, trademark and other laws. As such, you will not gain any ownership or other right, title, or interest in or to them by reason of the Terms or otherwise unless expressly granted to you herein. Except as otherwise expressly stated herein, the Application, the Merchant Services and their contents may not be copied, reproduced, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent.

8.7

Feedback

8.7.1

You may be asked to provide feedback in different forms including, but not limited to surveys, research program participation requests, and other such requests for feedback regarding your use of the Merchant Services.

8.7.2

You acknowledge that Cashlink owns any feedback you give to us about the Merchant Services, and you hereby grant to Cashlink a perpetual, non-revocable, royalty-free worldwide license to use, fully exploit, incorporate, or otherwise use without restriction such feedback into any Cashlink product or service (including the Merchant Services) at any time.

8.8

Data Privacy and Data Security

8.8.1

Cashlink’s Privacy Policy describes how Cashlink collects and processes information from you, including information about you from other products and services that Cashlink and our affiliates provide. The Privacy Policy also explains how we use and share this information.

8.8.2

Consistent with the Privacy Policy, you consent to disclosure of information about you, your Account, and your transactions to third parties, including our affiliates:

(i) to verify your identity or the existence and condition of your Account for ourselves or for a third party, such as the Platform provider, a payment service provider or another hosted wallet provider; 

(ii) to detect, prevent, and address fraud, security threats, and other potentially harmful conduct or illicit activity; to comply with Applicable Law and other regulatory reporting obligations, as well as responding to subpoenas, inquiries, court orders, or other requests from law enforcement or government agencies; 

(iii) to complete certain transactions, or 

(iv) if you otherwise give us your permission. 

We will implement reasonable and appropriate measures to secure your information against accidental or unlawful loss, access, or disclosure.

9

FULFILLING OF REQUESTS

9.1

Receiving Requests

9.1.1

To be eligible to receive a Deposit Request (as defined below) or Withdrawal Request (as defined below), you must:

(i) have indicated on the Application that you are a Merchant who is available to fulfil such requests; and

(ii) have an amount of local fiat currency in your Wallet equal to or more than the Deposit Amount (as defined below) or the Withdrawal Amount (as defined below) (as the case may be depending on a Deposit Request or a Withdrawal Request).

9.2

Fulfilling Deposit Requests

9.2.1

To fulfil a request from a User for a Merchant to receive an amount equal to the sum of local fiat currency (the “Deposit Amount”) for a Merchant Fee in order for the User to receive an amount equal to the Deposit Amount in the User’s Wallet (the “Deposit Request”), you will need to accept the Deposit Request on the Application within a specified period. You should verify all Deposit Requests before accepting them.

9.2.2

We will notify you through the Application once the User has confirmed that he/she has transferred the Deposit Amount to your designated bank account using your preferred payment method. You will need to confirm on the Application that you have received the Deposit Amount in order for us to add an amount equal to the Merchant Fee to your Wallet.

9.2.3

If you do not confirm that your designated bank account has received the Deposit Amount, the Deposit Request will not be processed and we will not transfer the Merchant Fee to your Wallet and you are solely responsible for refunding an amount equal to the Deposit Amount to the User.

9.3

Fulfilling Withdrawal Requests

9.3.1

To fulfil a request from a User for a Merchant to transfer an amount equal to the sum of local fiat currency (the “Withdrawal Amount”) for a Merchant Fee in order for the User to receive an amount equal to the Withdrawal Amount in the User’s designated bank account (the “Withdrawal Request”), you will need to accept the Withdrawal Request on the Application within a specified period. You should verify all Withdrawal Requests before accepting them.

9.3.2

Once you have transferred the Withdrawal Amount to the User’s designated bank account using the User’s preferred payment method, you will need to confirm on the Application that you have completed the transfer in order for us to notify the User.

9.3.3

We will add an amount equal to the sum of the Merchant Fee to your Wallet after you have confirmed that you have transferred the Withdrawal Amount to the User’s designated bank account using the User’s preferred payment method and the User confirms that he/she has received the Withdrawal Amount in his/her designated bank account.

9.3.4

If you do not confirm that you have transferred the Withdrawal Amount to the User’s designated bank account using the User’s preferred payment method, the Withdrawal Request will not be processed and we will not transfer the Merchant Fee to your Wallet.

9.4

We do not control how the Platform will handle the Deposit Amount and the Withdrawal Amount upon submission or receipt of a deposit and withdrawal, including when you will receive the Merchant Fees, the Withdrawal Amount or the Deposit Amount (as the case may be), when the User will receive the Withdrawal Amount or the Deposit Amount (as the case may be) or whether the Platform imposes any fees. You therefore acknowledge and agree that local fiat currencies you send to or receive from your Wallet may be subject to holds, limitations, or reversals. You also agree that we may deduct any amount you receive to your Wallet if we determine that the transaction or your Wallet or Account is in violation of Applicable Law or any of the Terms.

9.5

Cashlink does not control the experience, security or ability of your or a User’s bank to complete a deposit or withdrawal under this Clause 9. Cashlink is not liable for any financial or other loss or damage you may sustain while fulfilling a Deposit Request or a Withdrawal Request under this Clause 9.

9.6

Cashlink allocates a Merchant to a Deposit Request or Withdrawal Request based on Cashlink’s proprietary algorithm in determining (i) a Merchant’s suitability in respect of the request; and (ii) the speed in which a Merchant accepts a Deposit Request or Withdrawal Request upon him/her being notified of such a request. Any decisions made by Cashlink regarding the allocation is final and binding and at our sole and absolute discretion.

9.7

Transaction History

You can view your transaction history and Account statements by logging into your Account. 

10

FEES; TAXES

10.1

Cashlink Fees

10.1.1

Cashlink may at any time decide in its sole discretion to impose fees for your use of Cashlink by simply notifying you through the Application or other written means.

10.2

Merchant Fees

102.1

As a Merchant, you may be entitled to a fee for every successful Withdrawal Request or Deposit Request fulfilled. This fee will be calculated by Cashlink and may be reviewed at any time without prior written notice..

10.3

Taxes

10.3.1

Your use of the Merchant Services to conduct a deposit or withdrawal under Clause 9 may be subject to various taxes, such as an income or capital gains tax, value-added tax, goods and services tax, or sales tax in certain jurisdictions. It is your responsibility to determine whether taxes apply to any transactions you initiate or receive and, if so, to report and/or remit the correct tax to the appropriate tax authority. Please consult your transaction history through the Application.

10.3.2

We do not and, at this time, are not obligated to collect any taxes on your behalf. If Cashlink is required to collect, remit and/or withhold such applicable taxes, you are required to provide necessary tax information or documents in order for us to calculate and collect accurate taxes or withholding from you. Your transactions may also be subjected to other tax and reporting requirements, such as for personal income taxes.

11

DEREGISTERING AS A MERCHANT

11.1

To cease being a Merchant, please contact onboarding@cashlink.to. Deregistration as a Merchant will not affect your rights and obligations as a User under the Terms.

12

REFUNDS; COMPLAINTS

12.2.1

If you suspect an error or unauthorised transaction was made using the Application, you should notify us as soon as possible, but no later than fifteen (15) calendar days from the date the transaction is posted to your transaction history. You agree to fully cooperate with our investigation by providing any information and/or additional documents as requested.

12.2.2

Cashlink will only conduct an investigation if you suspect that:

(i) we made a computational or bookkeeping error; 

(ii) we debited or credited the incorrect amount in your Wallet; 

(iii) your transaction history does not accurately report a transaction; or 

(iv) you failed to receive a transaction confirmation, or the amounts displayed on your transaction confirmation and transaction receipt differ.

10.2.3

Subject to Clause 15, following our investigation, we will consider whether to honour your refund request. Cashlink does not refund a transaction if, for example, you: 

(i) file a chargeback claim with your bank for the same transaction;

(ii) accidentally sent local fiat currency to the wrong person or receive local fiat currency from someone you do not know; 

(iii) buy or sell a good or service; or 

(iv) someone you know uses your Account or Wallet to conduct a transaction you later wish to cancel. 

12.3

Complaints

You may submit a complaint to us regarding transactions, refunds, the Application, the Merchant Services, or other matters that may warrant investigation by us (a “Complaint”). If you suspect someone has without your authorisation used your identity to create an Account or perform a transaction using your Account or Wallet, please submit a Complaint, in addition to pursuing any other civil or criminal remedies you may have. To submit a Complaint, contact the Cashlink support team through support@cashlink.to. Cashlink will take action to address a Complaint in accordance with the Terms. You agree to use this process before submitting any dispute for dispute resolution.

12.4

Documentary Evidence of Payment

13

AML/CTF AND SANCTIONS COMPLIANCE

13.1

Commitment to AML/CTF and Sanctions Compliance

We are firmly committed to participating in international efforts to combat money laundering, the funding of terrorist activities, and other illicit conduct that is the focus of financial and economic sanctions. We have implemented a risk-based global anti-money laundering compliance program designed to comply with Applicable Law and other global standards and best practices relating to the prevention of money laundering and terrorist financing (“AML Laws”), as well as laws and regulations relating to the imposition of financial and economic sanctions, in the jurisdictions in which we operate.

13.2

Suspicious Activity Monitoring and Holds

To comply with AML Laws and sanctions laws and regulations, and to protect you from unlawful use of the Merchant Services, Cashlink monitors transactions for potential fraud, suspicious activity, and sanctions evasion. As a result, in some cases your transactions, funds, Wallet or Account may be suspended, reversed, rejected, delayed, placed on hold, limited, or blocked to permit these processes to proceed to conclusion. In addition, Cashlink may be required to file suspicious activity reports with the applicable Governmental Authority.

14

INDEMNIFICATION; RELEASE; LIMITATION OF LIABILITY

14.1

Indemnification

You will defend, indemnify, and hold harmless Cashlink, its affiliates, and each of their respective shareholders, members, directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any losses, liabilities, damages and all related costs and expenses arising out of or relating to any Claim concerning: (i) your access to or use of the Merchant Services, including information provided in connection therewith; (ii) your breach or alleged breach of the Terms or Applicable Law; (iii) any misrepresentation made by you; or (iv) any dispute between you and a third party, including without limitation if such third party is also a User or a Merchant. You will cooperate as fully as required by us in the defense or settlement of any Claim.

14.2

Release

If you have a dispute with one or more Users, Merchants, or one of our third-party service providers, you release the Indemnified Parties, joint ventures, partners, and suppliers from any and all Claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. To the extent permitted by Applicable Law, you waive and release the Indemnified Parties from all Claims you have or may have arising from or relating to the Terms.

14.3

Limitation of Liability

In no event shall the Indemnified Parties be liable to you for any special, incidental, indirect, intangible, consequential or punitive damages (whether in contract, tort, or otherwise), or for any assertion by a third party, related to or arising out of the Terms or the Merchant Services, including but not limited to loss of profits, loss of business or goodwill, or loss of use (even if the Indemnified Parties have been advised of the possibility of such losses or damages). The Indemnified Parties’ aggregate liability relating to, arising out of, or in any way in connection with the Terms or the Merchant Services will not exceed an amount equal to fees paid to Cashlink within twelve (12) months preceding the claim or One Thousand United States Dollars (US$1000), whichever is less as a result of Cashlink’s breach of the Terms. To the fullest extent permitted by applicable law, the Indemnified Parties will not be liable for any delays or mistakes, non-delivery of payments, losses, redemption value, or damages if we are unable to provide the Merchant Services (or any part thereof) or perform any of our obligations in the Terms due to, directly or indirectly: custody or security issues; bugs, backlogs, failures, hacks or cyber attacks; data breaches; the failure of any equipment or any industrial dispute, communication system, internet service, payment method or system; national emergency, riots, war, flood, explosion, quarantine, pandemic, act of God or any other event beyond our control.

14.4

No warranties

Except as expressly set forth in the Terms, the Indemnified Parties make no representations or warranties and expressly disclaim all warranties, whether express or implied, written or oral, statutory, or otherwise, including implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or performance, usage, or trade practices. The Merchant Services are provided “as is” and Cashlink does not warrant that the Merchant Services will be error-free or uninterrupted. We will not be responsible for any service interruptions, including, but not limited to, custody or cybersecurity breaches, power outages, IT system failures or other interruptions that may affect the receipt, processing, acceptance, payment, completion, or settlement of transfers or use of the Merchant Services or the Application. 

15

FRAUD MANAGEMENT AND LAW ENFORCEMENT

In the case of suspected fraud involving either of the following:

15.1.1

User sends funds to your Account and reports to his/her financial institution the relevant transaction as suspicious; or

15.1.2

User transfers illicit funds into your Account, and a law enforcement authority has reached out to you to seek a refund,

Considering that the Platform is an online marketplace of independent traders, you agree that the Platform shall not and cannot be liable to make any refunds. Affected Merchants are advised to reach out to their financial institutions for further details on the relevant transaction and also seek legal advice and representation in order to protect your legal rights and minimise/avoid being treated as a suspect or criminal. Cashlink will to the extent required by Applicable Laws cooperate with the relevant Government Authorities and courts of competent jurisdiction in order to support the legal due process and ensure that the Platform is safeguarded from bad actors.

16

PROHIBITED ACTIVITIES

16.1

In connection with your use of the Merchant Services, you agree that Cashlink, without notice (except as required by Applicable Law) and without liability to us, may refuse your fulfilment of any Deposit Requests or Withdrawal Requests, suspend, deactivate, limit, or terminate access to, or refuse to provide, any Merchant Services, and/or terminate your status as a Merchant in our sole and absolute discretion, including without limitation, if you engage in any of the following “Prohibited Activities”:

16.1.1

breach any provision of the Terms, which we shall have the right to determine in our sole and absolute discretion;

16.1.2

use the Merchant Services for any unlawful purpose or in violation of Applicable Law, which we shall have the right to determine in our sole and absolute discretion;

16.1.3

create or control more than one personal Account for yourself without our or the Platform provider’s express authorisation, through, among other methods, using a name that is not yours, using a temporary phone number or email address, or providing any other falsified personal information;

16.1.4

act in a manner that is defamatory, trade libellous, threatening, or harassing;

16.1.5

infringe Cashlink’s, our affiliates’, or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

16.1.6

provide us false, inaccurate, incomplete, or misleading information;

16.1.7

provide offensive or inappropriate images to us;

16.1.8

send, receive, or participate in what we reasonably believe to be suspicious or potentially fraudulent transactions;

16.1.9

refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

16.1.10

access the Merchant Services while residing or being located in a jurisdiction that is restricted by Cashlink, including jurisdictions where we are not approved to operate;

16.1.11

employ any means to defraud Cashlink, Users or other Merchants or enrich yourself, through any means, whether fraudulent or otherwise;

16.1.12

take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; attempt to hack; scrape; use an anonymizing proxy; use any robot, spider, other automatic device or manual process to monitor or copy the Application source code or the Platform source code without our or the Platform provider’s prior written permission; use any device, upload material containing viruses or any other harmful programs, software or routine to bypass our robot exclusion headers (if any); or interfere or attempt to interfere with the Merchant Services; or

16.1.13

take any action that may cause us or potentially cause us to lose third party partner services.

16.2

Additionally, we may, at our sole discretion and without waiving any of our rights, reverse any funds, freeze, close, cancel, suspend, or limit your use of or access to your balance, funds, Account, Wallet, and/or the Merchant Services. We may report or disclose to a Governmental Authority information concerning your Account, Wallet, transactions, or use of the Merchant Services where we determine in our sole discretion that such report or disclosure may be required by Applicable Law or is otherwise appropriate.

17

OTHER PROVISIONS

17.1

Headings and Hyperlinks

All headings and titles used in the Terms are used for convenience only and are not to be considered in construing or interpreting the Terms. Highlighted and underlined words may contain links to additional terms.

17.2

Whole Agreement

The Terms, along with the Privacy Policy incorporated by reference, contain the whole agreement between you and Cashlink with respect to the Merchant Services at the Effective Date to the exclusion of any terms implied by law which may be excluded by contract and supersedes any other previous written or oral agreement between you and Cashlink with respect to the Merchant Services.

17.3

Waiver

Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if Cashlink does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Cashlink has the benefit of under any Applicable Law), this will not be considered to be a formal waiver of Cashlink’s rights and that those rights or remedies will still be available to Cashlink.

17.4

Assignment

You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of their rights and obligations under the Terms without our prior written consent. Cashlink may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Terms without reference to you.

17.5

Remedies

No remedy conferred by any of the provisions of the Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by Cashlink shall not constitute a waiver by Cashlink of the right to pursue any other available remedies.

17.6

Third Party Rights

A person who is not a party to the Terms has no right to enforce any term of, or enjoy any benefit under, the Terms

17.7

Notices

Except as otherwise stated herein, any notice to Cashlink must be sent by email to our address at: compliance@cashlink.to.

17.8

Invalidity

17.8.1

If any provision in the Terms shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of you and Cashlink.

17.8.2

To the extent it is not possible to delete or modify the provision, in whole or in part, under Clause 17.8.1, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of the Terms and the legality, validity and enforceability of the remainder of the Terms shall, subject to any deletion or modification made under Clause 16.8.1, not be affected.

17.9

Translation

The Terms may be translated into another language. However, in the event of any inconsistency between the English language version and a translated version, this English version will at all times prevail and take precedence. Any translation must include a provision to the same effect as this Clause.

17.10

Force Majeure

Cashlink shall not liable for any delay or non-performance of our obligations under the Terms arising from any cause beyond its reasonable control including strikes or labour disputes, lock-outs, acts of God, war, terrorist attack, riot, civil commotion, malicious damage, compliance with any law, governmental order, rule, regulation or direction or any action taken by a government or public authority (including imposing an export or import restriction, quota or prohibition), nuclear, chemical or biological contamination, sonic boom, pandemic, epidemic, breakdown of or error or non-performance of plant, machinery, utility service, technology or communications networks, fire, explosion, collapse of buildings, flood or storm.

17.11

Termination

The Terms are in effect each time you use the Merchant Services. Cashlink may terminate your use of the Merchant Services at any time without cause or prior notice. This may happen, for example, if your identity cannot be verified or the action is necessary to protect the security of the Merchant Services. The Terms will continue to apply following its termination with respect to any obligations incurred or arising prior to its termination.

17.12

Nature of the Terms

Nothing in the Terms will create, or be deemed to create a partnership, a joint venture, an agency or a fiduciary duty between you and Cashlink. You shall not have any authority to transact any business in the name of Cashlink or on its behalf or to incur any liability for or on behalf of Cashlink.

17.13

Governing Law and Dispute Resolution

17.13.1

The Terms shall be governed by and construed in accordance with the laws of England and Wales.

17.13.2

Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

Effective Date: 27th of October, 2022