Terms and Conditions

Important: Before creating a user account, please read these Terms of Use (the Terms) carefully.

 

GENERAL TERMS AND CONDITIONS OF USE

Effective Date: November 1, 2023.

• The Contractual relationship

• By using, downloading or installing any element of the Product, the user affirm that he has read, understood, and agrees to be bound by the Terms of use of Cash X, and as may be updated from time to time. These Terms govern the use of the Product and form a legal contract (“Agreement”) between Cash X and the user.

 

• By electronically accepting these Terms or by establishing an account or using the Product after the effective date of these Terms, the user consents and agrees to comply and be bound by these Terms and all other supplemental terms. 

 

• When the user agrees to these Terms and accepts this Agreement, the user does so on his behalf and on behalf of any person that the user entitles or authorizes to use his Cash X account.

 

• If the user is an individual using, downloading or installing any element of the Product on behalf of another, whether a natural person (“Individual”) or legal non-natural person or entity (an “Organization”), then the user is binding the Individual or Organization to these Terms and represent and warrants that he has full powers and authority to do so.

 

• Cash X may modify these Terms from time to time and such amendments will be effective upon release to the product. Continued use of the product after supplemental terms or updated terms are released constitutes consent to be bound by such terms.

 

• These terms and conditions constitute the entire agreement between the user and Cash X in relation to the use of this software application and supersedes all previous agreements in respect of the use of this software application.

 

 

• Governing rules

• These Terms govern the use of the application and service provided by Cash X. If we agree with the user on the individual terms of use of the Application, they always take precedence and these Terms and Conditions shall apply to the extent not regulated by an individual agreement between Cash X and the customer.

 

• When creating a user account, the user is obliged to enter true and complete data concerning his person including but not limited to a name, address, email address and other contact or identifying information, and about the user or Organization, as appropriate.  The User agrees that the information the user provides will be accurate and shall be updated at all times.

 

• Users are solely responsible for maintaining the confidentiality of Login Credentials.  To the extent allowed by law, the user is solely responsible for any and all actions taken using the user’s account, including all instructions, including but not limited to any payment instructions, electronic transfer instructions, or deposit instructions provided to Cash X, our service providers, or Payment Providers, whether authorized or not.   

 

• Each User agrees to keep User Login Credentials confidential and secure, and users will not give or make Login Credentials available, directly or indirectly, to any unauthorized individual.  The user acknowledges and agree that if users allow a person to gain access to Login Credentials, with or without permission, the user is authorizing that person to use the Product, and the user will be responsible for all transactions, instructions, and actions that result from such access, even if they are unauthorized.   The user acknowledges and agrees that our security procedures are a commercially reasonable method of verifying the user’s identity and instructions, providing security against unauthorized transactions, unauthorized actions, and fraud, and protecting the user’s Cash X account.

 

• Cash X uses reasonable efforts to provide email, live chat and online self-help. All support is governed by Cash X support policies in place at the time.

 

• Cash X reserves the right to offer promotional initiatives to Users for the benefit of Users at any time.

 

• Purpose of Use of the Product

• The Product is designed to be used for business purposes with the aim of enabling users access independent third-party vendors and schedule logistics services involving instant banking, cash delivery, or foreign exchange through Cash X’s online platform.

 

• Upon receipt of the request for funds, a Vendor will be assigned to complete the transaction and the customer will be charged the full amount of the sum of money requested. Following confirmation of receipt of funds by the customer, the vendor will be credited. The user acknowledges that all dealings conducted on the application or website of Cash X are undertaken between the user and third-party vendors who are not employees or affiliates of Cash X.

 

• License   

• The application is a copyright work in accordance with copyright law and property rights to it are exercised by the Provider. By creating a User Account, we provide the user with a personal, non-transferable, non-exclusive license to use the Application. Subject to the user’s compliance, the license is granted for the duration of the user’s account and only for personal use or for use in the user’s business. Please note that the use of the Mobile Application is also governed by the terms of the respective platforms.

 

• Electronic Communications.

• The user consents to receive notifications from Cash X electronically and agrees that all notices, disclosures, and other communications that we provide to the user electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner.

• The user agrees that the user has the ability to store such electronic communications such that they remain accessible to it in an unchanged form. The user agrees to keep his contact information current.

 

 

 

• Third-Party Service Providers.

• Cash X reserves the right to use third parties to provide or facilitate the Product as described in Section 3.0 of this Agreement. The user may choose to use the Product and share Customer Data with Third-Party Services that are made available to the user by Cash X in connection with his use of the Product or for which Cash X otherwise facilitates the user’s use with the Product.

 

• Third-Party Services are not considered part of the Product. “Third-Party Service” means any platform, add-on, service or product that the user elect to use, integrate or enable for use with or through the Product, including but not limited to accounting software, Payment Partners and Capital or Lending Partners. Use of Third-Party Services is subject to the user’s agreement with the relevant provider and not these Terms, except that these Terms require the user to comply with the user’s agreement with the relevant provider. Cash X does not control and has no liability for Third-Party Services, including their security, functionality, operation, availability or interoperability or how the Third-Party Services or their providers use Customer Data. If the user chooses to enable a Third-Party Service with the Product, Cash X may access and exchange Customer Data with the Third-Party Service.

 

• Better Releases.

• As part of Cash X’s effort to expand the functionality of the Product, certain features of the Product may be made available to customers on a “beta” basis (“Beta Releases”). If Customer chooses to use a Beta Release, Customer acknowledges that the Beta Release may not be complete or fully functional and may contain bugs, errors, omissions and other problems. Cash X does not guarantee that future versions of a Beta Release will be made available under these Terms or otherwise.

 

• User Data.

• If the user, any user, or end customer submits, uploads, stores, shares, or otherwise processes the user’s documents, information, the user consents to Cash X’s access and processing of the data in accordance with our Privacy Notice, this Agreement, the settings in the user’s Cash X account, or the features of the Product the user elects to use, and all applicable data protection laws.  Cash X reserves the right to remove or delete the user’s data from the Product for any reason, including if the user violates this Agreement or applicable law, in Cash X’s reasonable discretion, without incurring any liability to the user.

• The user agrees to Cash X’s use, disclosure, and other handling of the user’s account information, personal information in Customer Data and certain other information about the user’s use of the Product in accordance with our Privacy Notice.

 

• User’s Responsibilities. 

• Generally, the User represents, warrants and agrees that:

• The User’s use of the Product will comply with all applicable local, state, federal and international laws and regulations, including those relating to privacy, data security, export control and electronic commutations

• The User has obtained all necessary rights, releases and permissions to provide and allow the processing, use and disclosure of User’s Data by Cash X under these Terms;

• neither the User’s Data nor its processing, use, or disclosure will violate any laws, third-party rights (including intellectual property rights, rights of privacy or rights of publicity) or any applicable Customer privacy policy; and

• the user will not use the Product in support of, or to further, any activities prohibited by any Laws or, even if not prohibited by law, for gambling, prostitution, alcohol, drug, pharmaceutical or healthcare businesses or services.

 

• Without limiting the foregoing, with respect to Product features that allows the user to send electronic communications (“Third-Party or Vendor Communications”), the User represents, warrants and agrees that: (i) it will obtain the prior opt-in consent from each recipient of such communications where legally required, (ii) it will include an unsubscribe mechanism and will promptly honour such opt-out requests where legally required, and (iii) it will not use the Product for spam or any other abusive or annoying communication.

 

• The user acknowledge that the user is solely responsible for the content of such Third-Party Communications and agrees to indemnify, defend, and hold Cash X harmless from and against all claims, losses, expenses, damages, and costs (including attorney’s fees and costs) arising out of such Third-Party or Vendor Communications.

 

• Payments and refunds

• Payment for the service including commission due to Cash X will be made through credit/debit cards or direct bank transfer, which will be charged upon settlement of request for Cash.

 

• All payments shall be processed in the local currency in use in the country where the transaction is contracted and all payments are non-refundable except in a case of inability of Cash X to complete the transaction by providing the customer with a Vendor to credit the customer in cash. Only in such a case will a full refund will be made.

 

• Customer acknowledges that every vendor and service provider offering its services via Cas X platform authorized Cash X to act as its commercial agent in relation to the services provided by Cash X and Cash X has the right to collect on behalf of the Vendor or service provider a service fee due to the Vendor payable under this agreement.

 

• Upon receipt of the customer’s order, Cash X carries out a standard authorization check on the user payment card to ensure there are sufficient funds to fulfil the transaction. The user’s card will be debited upon authorization being received.

 

• Liability of The Provider.

• The services are provided “as is” and “as available.” All representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement are disclaimed. Cash X does not guarantee the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the its platform, or that the services will be uninterrupted or error-free.

• Cash X does not guarantee the quality, suitability, safety or ability of third party providers. The user agrees that the entire risk arising out of the use of the services, and any service requested in connection therewith, remains solely with the user, to the maximum extent permitted under applicable law.

 

• Cash X shall not be liable whether in contract, tort, or otherwise for: any failure of its systems that results in the failure or inability to provide its Services, the use of or reliance on the services or an inability to access or use the services; or any transaction or relationship between the user and any third- party provider, even if Cash X has been advised of the possibility of such damages. Cash X shall not be liable for delay or failure in performance resulting from causes beyond Cash X’s reasonable control, lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services.

 

• Cash X shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, loss of business or profits, any pure economic, special, indirect, or consequential loss, costs, damages, charges or expenses; any costs, losses or damages caused due to inaccurate or incomplete data provided by user.

 

• The total aggregate liability of Cash X for all the claims arising under or in connection with the Agreement shall not exceed N 50,000.00 (fifty thousand Naira).

 

• The user agrees to indemnify, defend and hold harmless Cash X, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from the use this Software application or the user’s breach of the Terms of Service.

 

• Ownership.

• Cash X Way Limited and its licensors retain all right, title, and interest (including all intellectual property rights) in and to the Product and any and all related and underlying technology and documentation. Customer is obtaining only a limited usage right to the Product, regardless of use of words like “purchase”, “sale” or similar terms. If the User or any person submits any comments, suggestions or other feedback regarding the Product, Cash X may freely exploit it (including as part of the Product) without restriction on account of intellectual property rights or otherwise.

 

• Termination and Suspension.

• These Terms will continue until terminated.

• A party may terminate the agreement at any time by ceasing all use of the Product and deleting any Software. Cash X may terminate or suspend the agreement if a user fails to cure any material breach within seven (7) days of notice, except that Cash X may also terminate or suspend these Terms immediately, at our sole discretion, as a result of Customer’s breach of the express obligations contained in this Terms or to prevent harm to the Product or other customers.

• A customer’s access to the Portal may be blocked for a period of investigation, if a material infringement of the agreement or fraudulent activity associated with Customer’s use of platform and associated service is suspected.

 

• Severability

• If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

• Waiver

• If the user breaches these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where the user breaches these conditions.

 

• Applicable Law

• By visiting this software application, the user agrees that the laws of Nigeria, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might arise between parties.

 

• Any dispute related in any way to the usage of this software application shall be adjudicated by a State or Federal Court having jurisdiction in Nigeria and the user consent to the exclusive jurisdiction and venue of such courts.