This User Agreement governs the terms under which you may use the services ("Service"). Do not use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement.
As used throughout this User Agreement, the terms "CASHQ", "we", "us", and "our" refer to CASHQ, a trading name of 256H LLC., together with its employees, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or Payers.1. OVERVIEW OF THE SERVICE
The Service allows people to send and receive money, reload prepaid cell phones and pay bills around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country (the "Local Taxes").
2. ACCESSING THE SERVICE
a. Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
b. Not Available to Certain Residents. The Service may not be available in whole or in part in certain states, countries or jurisdictions. The Service is only available in those U.S. jurisdictions where the 256H LLC dba CASHQ is licensed or otherwise authorized in accordance with applicable law.
c. Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion.
a. Charges. For each Transaction that you submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. CASHQ only accepts payment in U.S. Dollars. If you submit a transaction that results in CASHQ being charged with NSF fees, chargeback fees, or other similar fees, you agree to reimburse us for all such fees.
b. Payment. In order for us to collect payment from you, you authorize us to access or debit funds from any of the payment instruments you provide us in connection with your use of the Service (each, a "Payment Instrument" including, for example, your credit/debit card or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
c. Other Charges. CASHQ is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. CASHQ is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider.
d. Foreign Currencies. CASHQ and its Service Providers usually make money when you pay for a Transaction in one currency, and the Transaction is paid out in another, based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree that when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction.4. DISBURSEMENT
Service Providers. We work with local destination banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our website regarding the location, availability, and hours of our Service Providers. However, you agree that CASHQ is not responsible for any inaccurate or incomplete information concerning our Service Providers that may be posted on the site.5. ELECTRONIC FUND TRANSFERS (EFTs) AND ACCOUNT BALANCES.
CASHQ partners with financial services software company Sila Inc. (Sila) and banking services provider Evolve Bank & Trust (Evolve), member FDIC, to offer you electronic fund transfers (EFTs). By creating a CASHQ account and initiating bank deposits or withdrawals, you agree to Sila's terms of service, https://silamoney.com/terms-of-service/
, and Evolve's demand deposit account agreement, https://silamoney.com/evolve-bank-deposit-agreement/
, (together, the "Partner Terms"). You must comply with the Partner Terms when creating or using your CASHQ Account. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into this USER AGREEMENT. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR CASHQ ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES. 6. RESTRICTIONS
a. General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in CASHQ's sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
b. Delays. Your Transaction may be delayed or canceled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you, and otherwise comply with applicable law. Business hours and currency availability may also play a role. Nevertheless, you may be entitled to a refund in certain circumstances, as described herein.
c. Reload Prepaid Mobile Phones. You understand that our responsibility for mobile reload Transactions is to confirm the transfer of the payout amount from a sender's account to a beneficiary's pre-paid mobile phone account as a mobile reload. You further understand that we provide estimates of the local taxes and other fees that may be charged by a beneficiary's wireless carrier (the "Carrier") to a mobile reload transaction, but that the exact amount of the local taxes and fees are determined by the beneficiary's destination country and local carrier. You agree that you and/or your beneficiary have read the terms and conditions applicable to the beneficiary's mobile phone account (the "Carrier Agreement"), which terms may include, for example, fees and taxes charged on a mobile reload, the expiration of the mobile reload and the quality and quantity of airtime, data, and other services for which the mobile reload may be used. Once the payout amount is accepted by the carrier, the Carrier Agreement applies to all services for which the mobile reload may be used by the beneficiary. Terms and conditions vary by carrier, destination country, and the terms of the Carrier Agreement. You agree to contact your carrier directly with questions or problems regarding the application of the mobile reload to services provided by the carrier.
d. Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of the User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, CASHQ reserves the right to report you to the appropriate law enforcement agency or agencies.
e. Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Office of Foreign Assets Control Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the U.S. Department of Treasury and other government agencies.
f. Transactions on Behalf of Others. You may not submit or receive a Transaction on behalf of any other undisclosed person or business entity. If you intend to submit or receive a Transaction on behalf of any other individual or business entity, you must disclose this fact to CASHQ so before the Transaction is processed. You agree to provide us with complete and accurate information with respect to such individual or business entity as requested by CASHQ and in accordance with applicable law.
g. No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
h. Restricted Activities. In connection with your use of our Service, or in the course of your interactions with CASHQ, a user or a third party, you shall not: i. Breach this User Agreement, or any other agreement between you and CASHQ;
ii. Open more than one account, without our prior written permission;
iii. Provide false, inaccurate, or misleading information;
iv. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;7. COLLECTION OF INFORMATION
d. Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources. 8. PROBLEMS General.
Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement. Residents of certain jurisdictions may also consider the following:Florida.
Any unresolved complaints may be directed to the Florida Division of Financial Institutions, Telephone Number: (850) 487-9687, website: https://www.flofr.com
Any unresolved complaints may be directed to Local licensing authorities where you are residing. . You may contact Consumer Financial Protection Bureau, Telephone Number: (855) 411-2372, (855) 729-2327(TTY/TDD), website: www.consumerfinance.govRIGHT TO REFUND:
You, the customer, are entitled to a refund of all money received for transmittal within ten days of receipt of a written request for refund unless any of the following occurs:
a) Delivered to the recipient prior to receipt of the written request for a refund.
b) CASHQ is otherwise banned by law from making a refund.
9. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein. 10. INDEMNITY
You agree to indemnify, defend and hold CASHQ, Service Providers, and their respective subsidiaries, affiliates, officers, directors, agents, partners, and employees harmless from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Service, (ii) your connection to the Service, (iii) your violation of the User Agreement, (iv) your violation of any applicable state or federal laws or regulations, (iiv) your violation of any rights of another, and (iiiv) any intentional wrongdoing of any kind. 11. LIMITATION OF LIABILITY
a. Governing Law. This User Agreement shall be governed according to the laws of the State of Florida, and all activities performed in connection with the Service shall be deemed to have been performed in Florida. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of Florida, except that body of law governing conflicts of law.
b. Disputes with CASHQ. If a dispute arises between you and CASHQ, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and CASHQ regarding the Service may be reported to Customer Service by telephone at 1 by telephone at 1-954-456-4600; or by mail at 256H LLC dba CASHQ, Attn: Customer Service, 18385 NE 4TH
Ct., MIAMI, FL, 33179, USA.
c. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
a. Entire Agreement. The User Agreement constitutes the entire agreement between you and CASHQ and governs your use of the Service, superseding any prior agreements between you and CASHQ.
b. No Waiver. The failure of CASHQ to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
c. Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing the website www.mycashq.com
You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void. 15. SECURITY AND FRAUD PREVENTION
Your security is very important to CASHQ, and we work hard, utilizing state-of-the-art security measures, to make sure that your information is secure. CASHQ is a safe and convenient way to send money to family members and to other people that you trust. But we urge you to consider carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. To learn more about fraud prevention, please refer to our advisory at Prevention of Frauds, Scams and Elder Abuse. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at 1-954-456-4600 If you are aware of anyone or any entity that is using the Service inappropriately, please email us at [email protected]
And if you receive any fake (phishing) emails, purporting to be from CASHQ, please forward them to us at [email protected]
16. CONTACT INFORMATION
Questions, notifications, and requests or further information can be sent to CASHQ, as follows: by telephone at 1-954-456-4600; or by mail at 256H LLC dba CASHQ, Attn: Customer Service, 18385 NE 4TH
Ct., MIAMI, FL, 33179, USA.