PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ACCEPTANCE OF TERMS
The following Terms and Conditions (the “Terms”) is a contract between you and Cashir Technologies Limited (“CASHIR”), a private limited liability company incorporated under the laws of the Federal Republic of Nigeria.
As used in these Terms, “you” and “your” mean the person who uses or accesses the Services. “We”, “us” and “our” mean Cashir and its successors, affiliates, and assignees. “CASHIR Account” means the account you have with us for the Services.
By registering and signing up to use the CASHIR App, you agree that you have read, understood, and accepted all of the Terms contained in this Agreement. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules and regulations that may be applicable to your use of the application.
This Agreement is legally binding and serves to govern your use of the CASHIR App. PLEASE READ AND UNDERSTAND THE TERMS CAREFULLY BEFORE AGREEING TO BE BOUND BY THEM.
CASHIR reserves the right to update, revise, modify, or otherwise, reissue these Terms without prior notice. The continued use of your CASHIR Account after any amendment to the Terms constitutes your acceptance of the Terms as modified by such amendment.
The governing language of these Terms and all communication between CASHIR and you will be in English language.
CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATION
Consent – To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; and (2) your consent will remain in effect until you withdraw your consent as specified below.
Your Right to Withdraw Your Consent – Your consent to receive Communications electronically will remain in effect until it is withdrawn by you. You may withdraw your consent to receive further Communications electronically at any time by contacting us at firstname.lastname@example.org. In the event that you withdraw consent from electronically receiving information, we will close your CASHIR Account and you shall no longer be able to use your CASHIR Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
You Must Keep Your Contact Information Current With Us – In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the CASHIR App.
Changes – We reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically.
To register a CASHIR Account and use our Services, you must be at least 18 years old, with full legal capacity to accept these Terms and enter into any transaction on the CASHIR App. Please be informed that we do not knowingly transact with people younger than the age of 18. If as a parent or guardian, you become aware that your child or ward has provided us with any information without your consent, please contact us immediately at email@example.com.
Your eligibility to use the CASHIR App also depends on the country you reside in. Currently, CASHIR operates only in Nigeria, and is only available to users who have Nigerian bank accounts.
You may use the Services only if you agree to form a binding contract with CASHIR and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organisation, you represent and warrant that you are duly authorised to do so.
CASHIR is a peer-to-peer mobile app built with love to enable users access and perform financial transactions anywhere and anytime via mobile numbers with the aim of improving financial inclusion and access. CASHIR provides its users with the following Services via the CASHIR App:
- Loan feature: This feature allows you to borrow/Lend cash with your preferred interest rate and repayment date. CASHIR helps to manage and track the status of such loans.
- Cash withdrawal feature: This feature allows you withdraw cash from another user while transferring the same cash value to the user you’ve withdrawn. CASHIR helps to manage and track the status of such transactions.
- Cash deposit feature: This feature allows you deposit cash to another user while your CASHIR wallet is credited for the same value you deposited. CASHIR helps to manage and track the status of such transactions.
- Peer-to-Peer feature: This feature allows you to request, send and receive money from other CASHIR users into your CASHIR wallet.
Payment links: This feature allows you to send money from your CASHIR Account to regular bank accounts.
USING THE CASHIR APP
To register, open, use and run an CASHIR Account, you may be required to submit certain information, including but not limited to your name, email address, phone number, online credentials for your bank account, and such other information as we may request from time to time (collectively, “User Information”).
You represent and warrant that you own the email address or mobile phone number you register with and all information entered or collected in the course of creating your CASHIR Account and any information you subsequently add or update from your settings is true, accurate, current and complete, and you agree not to misrepresent your identity or your User Information. If we approve your registration, you will be authorised to use the Services, subject to these Terms.
You will also need a mobile phone (Android or iOS), internet connection and a valid bank account to use the CASHIR App and our Services therein.
For our compliance purposes and in order to provide the Services to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
- a copy of your valid means of identification, such as a passport, or driver’s licence, etc;
- a copy of a utility bill, or other bill, dated within three months of our request, with your name and Nigerian street address on it; and
- such other information and documentation that we may require from time to time.
RESTRICTIONS ON USING THE SERVICES
Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorised to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
You agree not to authorise any other person or entity to use your username and password or mobile device to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your username, password, and other User Information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorised or performed using your username and password or mobile device, whether authorised or unauthorised by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorised or fraudulent transactions associated with your CASHIR Account.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL CASHIR, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, STATUTE, LEGAL THEORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT; AND (C) ANY EVENT BEYOND OUR REASONABLE CONTROL.
ALSO, DO MAKE SURE THAT YOU HAVE VIRUS PROTECTION AS WE CANNOT GUARANTEE VIRUS FREE SERVICES. THE INTRODUCTION OF TROJANS AND OTHER KINDS OF VIRUSES WHICH ARE TECHNOLOGICALLY DISTRUCTIVE WILL AMOUNT TO ABUSE OF OUR SERVICES.
THE LIMITATION OF LIABILITY WILL EXTEND TO ALL FEATURES ON THE CASHIR APP AS FOLLOWS:
- LOAN FEATURE – WE SHALL NOT BE LIABLE IN INSTANCES WHERE THE BORROWER FAILS TO FULFIL HIS/HER OBLIGATIONS TO THE LENDER ON THE DATE OF REPAYMENT AGREED ON BY THE PARTIES. CASHIR IS ONLY RESPONSIBLE FOR MANAGING AND SENDING REMINDERS.
- CASH WITHDRAWAL FEATURE – WE SHALL NOT BE LIABLE IN INSTANCES WHERE USER ARE SUBJECTED TO THEFT OR NON-TRANSFER OF EQUIVALENT CASH WITHDRAWN. CASHIR IS ONLY RESPONSIBLE FOR CONNECTING AND ENABLING SUCH TRANSACTION.
- CASH DEPOSIT FEATURE – WE SHALL NOT BE LIABLE IN INSTANCES WHERE USER ARE SUBJECTED TO THEFT OR NON-TRANSFER OF EQUIVALENT CASH DEPOSITED. CASHIR IS ONLY RESPONSIBLE FOR CONNECTING AND ENABLING SUCH TRANSACTION.
- PAYMENT LINKS – DUE TO THE NIGERIA INTER-BANK SETTLEMENT SYSTEM (NIBSS), PAYMENTS MAY BE DELAYED AND WE SHALL NOT BE LIABLE FOR ANY DELAYED PAYMENTS.
PEER TO PEER FEATURE – WE SHALL NOT BE LIABLE IN INSTANCES WHERE MONEY IS SENT TO A WRONG USER TAG.
IN ADDITION, BUSINESSES THAT WISH TO HANDLE TRANSACTIONS THROUGH CASHIR WILL DO SO AT THEIR OWN RISK BECAUSE WE DO NOT MANAGE ACCOUNTS FOR BUSINESS AND STORES.
Unless otherwise stated, CASHIR and/or its licensors own the intellectual property rights and materials on the CASHIR App and website. We do not grant you any right, license, title or interest to any of our intellectual property rights which you may or may not have access to. All text, formatting (including without limitation the arrangement of materials on the CASHIR App and website, the graphics, animation, tools, commercials, copy, trade names, logos and other materials and information on CASHIR App and website are subject to the intellectual property rights of CASHIR and its affiliates and their licensors and licensees (collectively the “Content”). You are hereby prohibited from duplicating, reversing engineered, decompiling, disassembling, modifying or reposting to other websites. Nothing on the CASHIR App and website should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the CASHIR website without the written permission of CASHIR or such third party that may own the Trademark.
You shall not use your CASHIR Account to engage in the following categories of activities (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are not clear on whether or not your use of the Services involves a Prohibited Use, please contact us at firstname.lastname@example.org. By accepting these Terms, you confirm that you shall not use your CASHIR Account for any of the following:
- Unlawful activity: this includes any activity which violates, or assists in the violation of any law, statute, regulation or sanctions in Nigeria.
- Fraud: this includes any activity which defrauds CASHIR or other CASHIR users or any other person; or providing any false, inaccurate or misleading information to CASHIR.
- Intellectual property infringement: this involves engaging in any activities that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law including but not limited to the use of CASHIR’s intellectual property, name or logo, without express consent from CASHIR or in a manner that otherwise harms the CASHIR brand.
- Abuse other users: this includes any activity which interferes with another user’s access to the Services, including defamation, extorting, abusing, harassing, threatening or violating the rights and privacy of other users.
INTEREST ON THE FUNDS HELD IN CASHIR ACCOUNTS
You agree that you shall not receive interest or other earnings on the funds in your CASHIR wallet.
BREACHES OF THESE TERMS
Without prejudice to CASHIR and these terms and conditions, should you breach any of these terms, CASHIR may take such actions as it deems appropriate to deal with the breach, including but not limited to suspending and prohibiting you access to your CASHIR Account, and/or instituting legal proceedings against you in a court of competent jurisdiction.
Amendment – Cashir reserves the right to add to or terminate any of the Services or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Cashir App, website or delivering notice thereof to you electronically. You have an option of deciding whether or not to accept a revised version of these Terms, but the acceptance of these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
Assignment – You shall not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your CASHIR Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
Indemnity – At our request, you hereby agree to defend, indemnify, and hold harmless CASHIR, its affiliates and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
Severability – If any provision of these terms and conditions is held invalid or unenforceable by any Court of competent Jurisdiction, other provisions of these terms and conditions shall remain in full force and effect. Any part held invalid or unenforceable shall to the extent of its invalidity or unenforceability be discountenanced.
Force Majeure – We shall not be liable for any delay or failure to perform as required by these Terms as a result of any cause or condition including but not limited to, an act of God, epidemic, pandemic, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
In the event of Force Majeure, you shall be duly notified within a twenty-one (21) business days following the occurrence and specifying the matters causing the force majeure and possibly giving reasonable period of time within which the delay may continue and shall nevertheless use our best endeavor to resume full performance thereof.
Governing Law – These Terms shall be interpreted and governed in accordance with the Laws of the Federal Republic of Nigeria.
Dispute Resolution by Arbitration – It is agreed that should any dispute arise in relation to these terms and conditions, parties shall meet as soon as practicable and negotiate in good faith with a view to resolving the dispute.
However, in the event that parties are both unable to resolve amicably, any dispute arising out of or in connection with the terms and conditions of this contract or performance of same shall be submitted to arbitration. The Arbitration shall be in accordance with the Arbitration and Conciliation Act Cap A18, Laws of the Federal Republic of Nigeria 2004 or any re-enactment or amendment of the same for the time being in force. The dispute shall be resolved by a sole Arbitrator appointed jointly by the parties and this appointment shall be done within a period of fourteen (14) business days, provided that should the parties be unable to agree on the choice of a single arbitrator, then the appointment shall be made by the Chairman of the Chartered Institutes of Arbitrators (UK) Nigerian branch on the application of either party. The seat of Arbitration shall be Lagos State, Nigeria and the language of the Arbitral proceedings shall be English Language. The parties agree that the decision of the Arbitrator shall be final and binding on them.
Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in court in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the jurisdiction of the court for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Change of Control – In the event that CASHIR is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Complaints and Disputes – If you have any feedback, questions or complaints, contact us via email at email@example.com or on Twitter, Instagram or Linkedin @cashirapp. When you contact us, please provide us with the relevant information we need to verify your account.