cashU Terms of Use
Accepting these Terms of Use forms a legally binding contract. Customer may review the Terms of Use available at any time on cashU website.
The Parties to this Agreement and in each transaction are an individual person or legal entity ('Customer') and Maktoob Inc. ('cashU'), cashU is a registered Trademark of Maktoob Inc.
1. Description of Service
1.1. cashU operates an electronic money service that allows Customer to send and receive payments whereby the Customer is granted the use of a cashU account to which funds may be added and stored so that the Customer may subsequently access those same funds to carry out payment and transfer transactions with third parties.
1.2. cashU shall hold the Customer funds in a cashU account and shall provide the Customer with the means to make payment and transfer transactions with the funds in the cashU account.
1.3. All costs and fees are set forth in a separate schedule published at all time on cashU web site being subject to change at cashU' s sole discretion.
1.4. A cashU account is valid for one year from date of activation. After which it will be automatically renewed, and an annual fee may be charged by debiting the Customer account.
1.5. Funds stored in a Customer cashU account have no expiration date.
1.6. There is no interest paid on any monies held in a Customer cashU account.
2. Opening a cashU account
Customer may open a cashU account by completing the online application form. A Customer must maintain an active address, phone number and email address to become a Customer and may not provide any false, inaccurate, incomplete or misleading information. Customer must not provide any name, bank account or credit card that he/she is not legally authorised to use. Customer is responsible to ensure that the details provided at registration and later are kept up to date. cashU reserves the right to request further information pertaining to Customer's account at any time. Failure to supply such information may result in limitation on usage of this service or suspension of the account.
3. Access
3.1. Every person who identifies him/herself by entering the correct login user name and password is assumed by cashU to be the rightful account holder/Customer and all transactions will be regarded as valid.
3.2. The password should not be disclosed to any third party. Customer is solely responsible for the security of his/her user name and password.
4. Adding funds to a cashU account
In order to add electronic money toa cashU account, Customer may choose from one or more options available depending on Customer's country of residence. cashU can request Customer to complete the information requested, including passing all identity and security validation and verification checks. Customer authorises cashU to obtain or receive funds on his/her behalf from Customer's chosen payment source, plus applicable fees.
5. Payment
5.1. Customer must ensure, when making payments, that the Merchant to whom Customer wishes to pay is register and approved by cashU as a cashU Merchant.
5.2. When Customer instructs a payment, cashU will obtain the funds plus any commission first by debiting Customers account. If the Customer's account.
5.3. Every payment instruction made by a Customer is password protected. Any person entering the correct cashU Account number and associated password on a cashU Merchant's payment page is regarded by cashU to be the rightful cashU account holder/Customer and all transactions will be regarded as valid and can therefore not be disputed or reversed.
6. cashU Transfer
6.1. Anyone who Customer instructs cashU to transfer funds to must have a valid email address.
6.2. When Customer instructs a cashU transfer, cashU will obtain the funds plus any commission first by debiting Customers cashU account. If the Customer's funds are not sufficient to carry out the transfer fully, the payment will be cancelled and the funds will be returned to the Customer's account.
6.3. cashU will immediately send a unique transfer code to the recipient's email address. If the recipient does not have a cashU account, cashU will request him/her to register and activate an account with cashU in order to receive the transferred funds.
6.4. Until the transfer is accepted by the recipient, Customer remains the owner of those funds and cashU holds those funds as agent, but Customer will not be able to access those funds or send the funds to any other recipient unless the initial transaction is cancelled by Customer.
6.5 It is not allowed to use the cashU Transfer service to pay for purchase of goods/services. If a Customer is found using the cashU Transfer service to pay for goods/services the Customer will be charged a penalty fee of 5% of the transferred amount.
7. Receiving cashU Transfer
7.1. When receiving a cashU Transfer, the amount received is added to the Customer's cashU account only after the Recipient Customer indicates his/her acceptance of the Transfer.
7.2. If a person receives a notice that a cashU Transfer has been sent to him/her through cashU but he/she has not registered for the cashU service, cashU will NOT issue any electronic money to him/her and will NOT in any way become his/her agent and the recipient of said notice will have no claim to those funds unless and until he/she registers for the cashU service and indicates his/her acceptance of the payment.
7.3. When Customer receives a cashU Transfer he/she is NOT protected against a subsequent reversal of the transaction.
8. Transfer of funds to a bank account
8.1. Customer may transfer funds from his/her cashU Account to a bank account only after registering for the bank transfer service and by requesting the funds to be transferred to a bank account.
8.2. To transfer funds from a cashU account to a bank account Customer must provide cashU with a valid bank account and other information required for cashU to transfer the funds.
The bank accountholder's name and address must be the same as the name and address of the cashU accountholder and Customer must also provide cashU with an eligible copy of a valid ID documentation (Passport, Driving license, etc).
9. LIMITATION OF LIABILITY
cashU shall only be responsible towards the Merchant for direct damages incurred by the Merchant due to negligence. Liability for damages, if any, does not include consequential damages or indirect damages such as loss of profit or losses due to non-fulfilment of an agreement with a third party. Nor shall cashU be responsible for damage caused by cashU Merchant Services having been blocked vis-à-vis a customer to cashU on grounds turning out to be incorrect, if cashU could reasonably assume that the measure was warranted.
10. Fees
Customer is responsible for the payment of all applicable fees. Current fees are indicated on cashU web page. If Customer is unclear as to any applicable fee, he/she should contact the customer service at info@cashu.com. All fees are due immediately and are subject to change at any time in cashU sole discretion.
11. Termination
Customer may close down his/her account at any time by giving notice to info.com. Closure will not cancel any transactions which the Customer has previously authorised and which are still to be paid in or taken out of the cashU account. cashU at its sole discretion, reserves the right to close an account of any Customer at any time for any or no reason upon at least one week notice to the Customer and payment of any unrestricted funds held in custody. cashU has the right to immediately close down a Customer account by giving notice if there are valid grounds. Valid grounds are assumed under, but not limited to the violation of any applicable law or regulation, breach of any of these Terms of Use, receipt of potentially fraudulent funds, to comply with money laundering or other investigations conducted by government authorities, agencies or commissions.
12. Warranties, Liabilities and Disclaimers
12.1. Customer understands and accepts that it is strictly forbidden to make use of the cashU service in order to pay for illegal material as well as illegal downloads or any other goods and services infringing intellectual property rights of a third party and/or any illegal purpose or criminal activity of any nature. cashU will report any suspicious account activity to the relevant law enforcement authority. cashU reserves the right to apply at its sole discretion prevention and detection procedures and suspend accounts or refuse the execution of transactions if there are reasonable grounds to suspect that an account is being or may be used for illegal purposes.
12.2. IT IS CASHU' ASSUMPTION THAT CUSTOMER IS SIGNING UP FOR A USER ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING SUCH ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. Customer warrants that he/she is violating no law or regulation by his/her use of cashU, and Customer indemnifies cashU for any and all liability that might arise from his/her use of cashU.
12.3. 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, nor shall cashU be liable for any actual or consequential damages arising from any claim of delay. Furthermore cashU makes no representations or warranties as to continuous, uninterrupted or secure access to the cashU service, which may be affected by factors outside of cashU control, or may be subject to periodic testing, repair, upgrade or maintenance.
12.4. cashU shall in no way, and under no circumstances, be liable for any damages or losses, including without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to the following scenarios:
- payments made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by Customer.
- payment made by a third party who passes all identity and verification checks.
- any fraud, deception or misrepresentations by Customer, whether or not the Customer is verified in any manner.
- any fraud, deception or misrepresentations by the recipient
- any damages resulting from a recipient's decision not to accept a payment made through cashU
- any errors or omissions in the website content
- the misuse of the web site content or the inability of any person to use the site.
- delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system and the failure of the central computer system or any part thereof
- any results of any acts of Government or authority, any act of God or force majeure
12.5. cashU's service is limited to providing Customer with a payment facility and does not ensure the quality, safety or legality of the transaction Customer is undertaking. cashU does not have any responsibility for any goods or services for which Customer pays using the cashU service and will not be liable for any charges, taxes or other duties in relation to such goods or services.
12.6. Customer agrees to release, indemnify, and hold cashU harmless against any claim brought against cashU by a third party resulting from Customer's use of cashU payment services in respect of all losses, actions, proceedings, claims, damages, expenses or liabilities whatsoever suffered and howsoever incurred by cashU in consequence of Customers non observance or breach of these terms and conditions.
13. Governing Law and Legal Disputes
13.1. For disputes claims or to report account discrepancies, Customer shall contact cashU Customer Service (info@cashU.com).
13.2. This agreement shall be governed by and construed in accordance with the laws of the Hashemite Kingdom of Jordan. Any claim arising out of or relating to this Agreement or the provision of the services offered by cashU that cannot be resolved by contacting the customer service shall be settled through the courts of Jordan.
13.3 In case of any discrepancy or question of interpretation between the English and Arabic version of this Agreement the English version shall prevail.
