These Terms and Conditions are an agreement between you and Capital Holding Enterprise, S.A. ("CASHSHIP") and its affiliates and subsidiaries.
PART A: Introduction.
The rules under which you may use CASHSHIP products and services offered through the CASHSHIP website and application are governed by these Terms and Conditions. ("CASHSHIP" or the "Service"), and access and use the CASHSHIP websites (for purposes of this User Agreement, "websites" includes our desktop website, our mobile websites, and our mobile websites applications) and its services. By accessing the CASHSHIP website or application or subscribing to any of CASHSHIP's products and services, you agree to be bound by these Terms and Conditions; CASHSHIP will create an account for you to use the Service, access your transaction history and contact information (the "CASHSHIP Account"). Because of your use of the Service, there will be no money in your CASHSHIP Account. These Terms and Conditions are between you and the CASHSHIP entity at your residence, and you acknowledge and agree to them. ("CASHSHIP"). You agree to the Terms and Conditions by logging in and using the Service. The terms "we," "us," and "our" refer to CASHSHIP, as well as its employees, consultants, directors, successors, subsidiaries, affiliates, and assigns, as used in this User Agreement. "You" and "Your" refer to anyone who uses the Service to send money, pay bills or recharge prepaid cell phone plans. ("Sender").
1. FRAUDULENT CONSUMERS WARNING: BEWARE OF SCAMS AND FRAUD.
The Service provides a safe and straightforward method to send money to family members and others you trust, pay for prepaid cell phone plan refills, and pay bills. However, scammers and fraudsters abound, so beware of discounts or offers that seem too good to be true. We strongly recommend that you do not give money to strangers, recharge prepaid cell phone plans or pay bills for people you do not know.
Use CASHSHIP only for lawful purposes and keep your password private. Do not send or request information from third parties. For more information on how to send money securely, see the resources located on our website or contact us by email. If you suspect you are being scammed or defrauded, or if your username or password has been lost or stolen, please contact us immediately. Contact Customer Service, which can be found on our website under the "Support" tab.
Our top priority is your security and the integrity of your Panama Account, and we work diligently to protect your data. If you know of anyone or any entity misusing the Service, please email us at compliance@CASHSHIP.com. Please note that Panama will never ask you for your CASHSHIP Account password. If you receive any fake (i.e., phishing) emails claiming to be from CASHSHIP, please forward them to us at compliance@CASHSHIP.com.
PART B: GENERAL TERMS OF SERVICE
1. Summary of Service
1. Senders will be able to send money ("Send Money"), recharge prepaid cell phone plan credits and goods and commodities to pay a third-party trader or service provider ("Recharge"), and pay bills ("Pay Billing") worldwide using the Service. Senders should limit their service to sending money, topping up prepaid cell phone plans, or paying bills for people they know, such as family and friends. You should never send requests or money to strangers using the Service.
2. CASHSHIP is a licensed or authorized provider of money transfer services under the laws of the Republic o
3. A "Sender" is a person who uses the Service to transfer money, pay a bill or recharge a prepaid cell phone plan. A "Recipient" is a person who receives money through the Service from a Sender. A "Third Party Service Company" is a CASHSHIP Reload provider or a utility company, or other business that receives a bill payment from a Sender through the Service. A "Beneficiary" is someone for whom a Sender recharges their prepaid cell phone plan or makes a bill payment through the Service. If you use the Service to pay your relative's energy bill, for example, your relative is your Beneficiary, and the energy provider receiving the money is the Third-Party Service Company for that Transaction. You agree that on your Recharge or Bill Payment receipt, the person referred to as the "Beneficiary" in these Terms and Conditions may be referred to as the "Recipient ."The "Destination" is the country or location where the recipient or third-party service company receives the money. A "Transaction" is a specific instruction for a Money Transfer, Top-Up Transaction, or bill payment. The "Transaction Amount" is the amount the Sender provides to us to send the Transaction, excluding applicable fees, such as the Transaction Fee (as defined under "Payment" below) or Third-Party Service indicated Company Fees. The "Payment Amount" is the amount paid to the Recipient or Third Party Service Company, less any taxes or fees imposed by the law of the Destination and withheld from the Payment Amount (the "Local Taxes"). "Payment Currency" is the currency in which the Sender specifies the Payment Amount. All Transaction Fees (as defined below) related to the Service are provided free of any taxes, duties, or other deductions and without any deduction or withholding for or on account thereof. You are solely responsible for any such deduction or withholding if required by the laws of any country.
2. Access to the Service
1. Eligible Users. You must be at least eighteen (18) years of age or the legal age of majority in your country to access or use the Service as a Sender, and you must be able to enter into legally binding contracts. For more information on the legal age of the majority, please refer to the portion of your country's unique regulations, which can be found between Parts C and F. Other limitations may apply. The CASHSHIP service is only available to individuals.
2. Mobile Services. You may also use a mobile device to access the Service. Use a mobile device to use the Service. You may be subject to regular charges, data rates, and other costs from your wireless service provider or mobile network operator.
3. Bill Payee Consents. You certify that your Payee has permitted you to access their account information and has given CASHSHIP permission to collect and verify information about them.
4. Not available to specific users. As determined by local laws and regulations, the Service may not be available in whole or in part in various countries and jurisdictions or if we reasonably determine that providing the Service in a particular country or jurisdiction poses an unacceptable level of risk to our users our systems, or us.
5. Not available for certain transactions. We have the right to refuse any Transaction at any time and at our sole discretion. This may include transactions for specific Senders, for specific Beneficiaries, or to particular Recipients or Service Providers, including, but not limited to, entities and individuals on the list of Specially Designated Nationals, the list of non-cooperative countries and territories, the United Nations Security Council. Sanctions List and other lists are issued from time to time. We may also, without prior notice, limit the amount that may be transferred in a single Transaction or the aggregate at any time at our sole discretion. Individual CASHSHIP accounts and associated CASHSHIP accounts or households may be subject to such restrictions. We reserve the right to refuse or limit Transactions if they violate this User Agreement, local laws, and regulations, or if we reasonably believe that performing a Transaction poses an unacceptable degree of risk to us, our users, or our systems.
3. Fees and Payment
1. Transaction. If applicable, you agree to pay CASHSHIP's fees or transaction charge (the "Transaction Fee"), plus the Transaction Amount for each Transaction you submit. Before authorizing a Transaction, you will be notified of any Transaction Fee. The Transaction Fee is different depending on the type of Transaction, the destination, the payment instrument, the amount of the Transaction, the currency of payment, and the reloading carrier.
2. Recharge Third Party Service Company Fees. You agree to pay the applicable Third-Party Service Company fees provided to you before authorizing a Transaction for each Recharge Transaction you submit.
3. Foreign Currency Exchange Rates. When you pay for a Transaction in one currency, and the Transaction is paid in another currency, our Service Providers (defined below) often benefit. The difference between the exchange rate at which we purchase foreign currency and the exchange rate we provide to you is how we usually earn money. If a foreign currency exchange rate applies, you will be informed before authorizing a Transaction. The Third-Party Service Provider charges for Recharges in the Carrier's foreign currency (defined below). For such Recharges, we will provide a price in local currency based on an exchange rate determined by CASHSHIP. The difference between the local currency price we offer you and the foreign currency price the Third Party Service Provider pays for foreign Recharges is how the Third Party Service Provider and we make money. We will disclose the local currency recharge price, the foreign currency recharge amount (if applicable), and the exchange rate CASHSHIP uses to calculate the recharge price before you authorize the purchase of a foreign recharge from the third-party service provider.
4. Local Taxes. In selected receiving countries, local taxes may apply. To the extent required by law, you will be informed of local taxes before authorizing a Transaction.
5. Other Charges. Any fees or charges imposed by banking institutions in connection with your Payment Instruments are not our responsibility. If you use a credit card as a Payment Instrument, your credit card issuer may, for example, charge you a cash advance fee and interest. We are not responsible for such costs or insufficient funds fees, chargeback fees, or other similar costs charged to you by your bank, credit or debit card issuer, or another provider due to your use of the Service. If you submit, we will be assessed a Transaction that results in insufficient funds fees, chargeback fees, or other comparable costs.
The net amount received by a recipient of the recharge value to pay for the recharge from a trader or service provider may differ from the face value of the product due to the applicable taxes in the country in which it is received.
6. Payment. While we may choose not to debit your Payment Instrument immediately, payment is required when your Transaction is submitted for processing. You permit us to access, charge, electronically transfer, or debit funds from any Payment Instrument you provide to us in connection with your use of the Service so that we may collect payment from you and complete your Transaction. (Each, a "Payment Instrument") which includes, for example, your credit card, debit card, bank account, or CASHSHIP balance. Not all Payment Instruments are available to all customers at all times. We may decline Transactions funded with specific Payment Instruments at our sole discretion. Once CASHSHIP has initiated the wire transfer from your account, which may be after your Recipient or Third-Party Service Company has received the Payment Amount, you will not be able to cancel it. If your payment fails or is insufficient, you permit us to reattempt to debit your Payment Instrument or a different Payment Instrument one or more times. If there are insufficient funds in your bank account when your Transaction is submitted, we may attempt to debit or charge your bank account or credit card if you offer it as a different Payment Instrument later. You certify that you legally possess your payment instrument(s).
7. Pay only when received or "POWR ."Before your Payment Instrument is charged the Transaction Amount, Transaction Fee, or any other applicable fee, the Third-Party Service Company, your Recipient, or the Beneficiary may receive a Top-Up or the money transferred for certain CASHSHIP Transactions. We refer to this as "POWR," although it may have other names depending on the destination or Third-Party Service Provider. If your Transaction qualifies for POWR, your funding source will not be billed until the Third-Party Service Company receives the funds or you are the Recipient. You acknowledge that not all Transactions are eligible for POWR and that POWR depends on several parameters, including (but not limited to) destination, funding source, Transfer Amount, Transaction history, and approval by our proprietary verification system. You realize that you may not know whether you have qualified for POWR until after you have authorized the Transaction and that POWR qualification on a prior Transaction does not guarantee POWR qualification on a subsequent Transaction. POWR may be canceled, suspended or modified at any time, and any Transaction may be denied POWR eligibility at any time, for any reason.
8. Verification. You agree that your Payment Instrument may be verified in conjunction with a Transaction. For example, as part of our attempt to authenticate account ownership, you agree that we may debit your bank account from time to time for less than the amount of the transfer (i.e., for a $500 transfer, we may debit $499.98 from the bank account). You agree that the lesser amount will be determined by CASHSHIP AT ALL TIMES.
4. Transaction payments
1. Service Providers. For money transfer, top-up, and bill payment transactions, we work with local banks, currency exchange bureaus, third-party service companies, and other third-party service providers (each a "Service Provider"). We make every effort to keep our websites updated with current information about our service providers' locations, availability, and hours. However, you should contact the service provider to verify their hours of operation and location.
2. Verification. Recipients may be required to provide authentic, legitimate, and current identification documents from a list of authorized forms of identification before receiving funds. Recipients may also be asked to submit a Transaction number and/or other comparable identification for their Transaction. You permit us to communicate with your Recipient or a Third-Party Service Company, as necessary, and to retain data required to perform the Service.
3. Transfers to Accounts. If you choose to send a Transaction to a Recipient's account, such as a bank account or mobile wallet account, you must confirm that the Recipient's account is in the same currency as the Transaction (for example, if your Transaction requires us to deposit pesos into the Recipient's account, you must confirm that the Recipient's account is denominated in pesos). Your Transaction may be canceled if the account is not in the same currency as the Transaction.
1. General. We reserve the right to change or discontinue the Service (or any part thereof) with or without notice at any time and from time to time.
2. Delays or Cancellations. We reserve the right to delay or cancel your Transaction, as well as close your CASHSHIP Account and/or your Recipient's CASHSHIP Account (if you have one), at any time before completion without notice for reasons such as identity verification, validation of your Transaction instructions and Payment Instruments, fraud and anti-money laundering compliance review, and contacting and locating a third party. Delays may occur due to business hours, systems availability, and currency availability of our service providers.
3. Commercial Transactions. You agree to use the Service only for personal purposes, such as sending money to others or purchasing Recharges for Beneficiaries. If we have reason to believe or discover that you are using the Service to send Transactions from, to, or on behalf of a business or other non-human entity (other than payments made to the Service to Businesses for Beneficiaries known to you personally), we may cancel your Transaction(s) and close your CASHSHIP Account and/or the CASHSHIP Accounts of your Sender and Recipient. You agree that CASHSHIP is not responsible for your commercial use of the Service, including risks related to purchasing products or payment for services.
4 . Recharges. You acknowledge that our role in the Recharge Transactions is to confirm the transfer of the Payment Amount and Third-Party Service Provider fees from a Sender's account to the Third-Party Service Company. The amount of prepaid wireless service credit purchased in the Carrier's currency (specified below), or the remittance value used to pay a trader or service provider, excluding local taxes, is the Recharge Payment Amount. Instead of the Operator, the Third-Party Service Company may be a prepaid wireless service, a trader, or a reseller of service providers. We disclose when a Recipient's wireless carrier (the "Operator") may add Local Taxes and other costs to a Recharge Transaction. Still, the Recipient and the Operator decide the actual amount of Local Taxes and fees. You and/or your Recipient acknowledge that you and/or your Recipient have read and understood the terms and conditions that apply to the Recipient's wireless phone account (the "Operator Agreement"). The Carrier Agreement governs all services for which Beneficiary may use Recharge. The rates and taxes imposed on a Recharge, the expiration of the Recharge, and the quality and quantity of airtime, data, and other services vary by Carrier, Destination, and the terms of the Carrier Agreement. If your Beneficiary has any questions or concerns about how Recharge may be used for Carrier services, you should direct them to the Carrier. We are not responsible for the performance of the third-party service company or operator.
The recipient of the recharge value used to pay a trader or service provider may be subject to the terms and conditions of the traders or service providers. Depending on the service and denominations of the Goods and Merchandise (referring here to the value sent to the end-user, which the end-user may use to pay a trader or service provider) will expire after a period set by the trader or service provider.
5 . Limitations on Frequency of Transfers. The number of transactions you may complete with your CASHSHIP Account may be limited for security reasons at our sole discretion.
6. Prohibited Transactions. You may not use the Service in any manner that is inconsistent with these Terms and Conditions or any applicable law, rule, or regulation. Using the Service for any of the following actions (without restriction) is a violation of this User Agreement: buying or selling tobacco, online gambling, firearms, prescription drugs, or other controlled substances; or sending money to a Recipient or paying a Recharge for a Beneficiary who has violated the User Terms and Conditions. We reserve the right to report you or the suspicious Transaction(s) to the appropriate law enforcement agency or agencies if you use the Service in conjunction with criminal behavior. We reserve the right to cancel any Transaction and close any CASHSHIP Account that we believe is being used for any purpose prohibited by these Terms and Conditions in our sole discretion. You agree that CASHSHIP is not responsible for any use of the Service in breach of this User Agreement.
7. Other. Without CASHSHIP's specific approval, you may not request, send or receive a Transaction (i) on behalf of another person or (ii) on behalf of a charity. We reserve the right to terminate multiple CASHSHIP Accounts held by an individual, persons connected to the individual, or any person living in the same household as the individual at any time in our sole discretion.
8. Restricted Activities. If you use or interact with the Service, you may not:
A. Breach or violate any restriction in these User Terms and Conditions or any other agreement between you and CASHSHIP ;
B. Open multiple CASHSHIP accounts or attempt to circumvent CASHSHIP's Terms and Conditions by submitting or receiving limits, policies, or rulings regarding your CASHSHIP account;
C. Breach CASHSHIP's or any third party's copyrights, patents, trademarks, trade secrets, or other intellectual property rights, rights of privacy, or publicity;
D. Providing false, inaccurate, or misleading information;
E. Refusing to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
F. Collaborate with any other person in an attempt to circumvent, elude or violate prohibited and/or restricted activities, such as administering a CASHSHIP Account that is linked to another account or Payment Instrument that engages or has engaged in any of the prohibited activities;
G. Use an anonymous proxy.
H. Take any action that may result in CASHSHIP losing any of our Internet service providers, payment processors, disbursement partners, or other services providers.
I. You will not disclose Transaction numbers or information to anyone other than the Third-Party Service Company, your Recipient or Beneficiary, and will urge your Sender, Recipient, or Beneficiary not to do so; or
J. Harass and/or threaten our employees, agents, or other users.
6. Suspension or Termination of Service.
We reserve the right, in our sole discretion, to suspend or terminate this User Agreement, access to or use of our websites, software, systems (including networks and servers used to provide any of the CASHSHIP Services) operated by us or on our behalf, or some or all of the CASHSHIP Services for any reason at any time, with or without notice, and upon termination, to revoke any and all of your rights under this User Agreement.
7. Electronic Communications Delivery Policy
These Terms and Conditions will be entered electronically, and you acknowledge and agree to them. Unless otherwise required by law, the following types of information ("Communications") will only be delivered electronically, rather than by paper or other non-electronic means: (i) your records of Transactions through the Service (including receipts or confirmations of Transactions); (ii) descriptions or records of your use of the Service; (iii) any initial, periodic or other disclosures or notices issued in connection with the Service, including any required by law; (iv) any customer service communications or disclosures, including, without limitation, communications or disclosures relating to claims of error or unauthorized use of the Service; and (v) any other communications, agreements or disclosures relating to CASHSHIP, CASHSHIP, the Service, your CASHSHIP Account or any Transaction. You agree to receive all of our communications electronically.
We will provide these Communications to you by posting them on our websites and/or emailing them to the primary email address listed in your CASHSHIP account.
2. How to withdraw your consent. Since we communicate electronically, you must consent to receive communications electronically to create a CASHSHIP Account and use our services. You may withdraw your agreement to acquire all Communications electronically by contacting Customer Care. We reserve the right to refuse to open a CASHSHIP Account for you or terminate, discontinue or refuse to offer the Service if you do not grant or withdraw your consent to receive Communications electronically unless you are authorized to receive non-electronic Communications under applicable law.
3. Requesting Paper Copies of Electronic Communications. If you want a paper copy of a Communication, which we previously sent to you after you consented to receive Communications electronically, you may do so by contacting us as specified above within 180 days after the date we delivered the Communication to you. You must have a current address listed as your address in your CASHSHIP Account profile for us to provide you with paper copies within the Republic of Panama.
4. Updating Your Contact Information. It is your responsibility to keep your primary email address up to date so that we can interact with you electronically. You, for your part, understand and agree that if we send you an electronic communication and you do not open it, we will consider it a breach of contract. Because your primary email address on file is incorrect, out of date, or prohibited, you will get it, if your service provider refuses to send you an email, or if you are otherwise unable to receive an email, we will be deemed to have given you the Communication if we have not contacted you. Please note that if you use a spam filter that rejects or redirects emails from senders that are not included in your email address book or for other reasons, you must add us to your email address book to receive Communications from us. By logging into the Web site, going to "My Account," and selecting the "Email" page, you can change your primary email address or mailing address at any time.
8. Communications between you and us
You agree that we may communicate with you at that phone number via autodialed or prerecorded calls or text messages to (i) service your CASHSHIP Account, (ii) investigate or prevent fraud, or. (iii) collect a debt if you provide us with your cell phone number. We will not contact you for marketing purposes through autodialed or prerecorded calls or messages unless you have given us your express written permission. We may share your cell phone number with service providers we hire to assist us with the above operations, but we will not share it with third parties for their purposes without your permission. To use and enjoy CASHSHIP, you do not have to provide your consent to receive autodialed or prerecorded calls or messages to your cell phone number. To verify whether you are receiving auto-dialed or prerecorded calls or messages to your cell phone number, please contact Customer Service. Charges may apply for phone minutes and text messages.
9. Information Collection
A. when necessary for conducting Transactions;
B. to comply with the orders of a government agency or court of competent jurisdiction within the Republic of Panama;
C. if you give us your consent; or
D. as otherwise described in our Privacy Statement.
2. Invisible ReCAPTCHA. You acknowledge and agree that the Service has embedded Google's Invisible ReCAPTCHA service on our websites as a tool to identify and prevent potentially illegal conduct and policy violations. You also agree that your use of the Service and our websites include the Invisible ReCAPTCHA service, governed by Google's Privacy Statement and Terms of Service.
10. Intellectual Property
You acknowledge that CASHSHIP is the sole owner of the Service, including patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names, as well as all other patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names (the "Intellectual Property"). You agree not to display, use, duplicate or change the Intellectual Property in any way. You are permitted to view and save one copy of the pages of our websites for your personal, non-commercial use only. You further agree not to: Participate in or use automated devices, data mining, robots, data mining, or similar data gathering or extraction methods to access or use the Service; (ii) modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part, except that the foregoing does not apply to information that you lawfully upload to the Service; (iii) resell, lease, loan, sell, distribute or create derivatives. The technology and software underlying the Service or distributed in connection with the Service are the property of CASHSHIP, its affiliates, and Service Providers, as applicable (the "Software" ).
CASHSHIP hereby grants you a non-transferable, non-sublicensable, non-exclusive right and license to use the object code of any Software on your device(s) solely in connection with the Service, subject to the terms and conditions of this User Agreement, provided that you agree not to copy (except as expressly provided and authorized in this User Agreement), modify, create a derivative work of, reverse engineer or exploit the Software. CASHSHIP reserves all rights not expressly granted in this User Agreement.
11. Disclaimer of Warranties
THE SERVICE AND SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OR CONDITIONS. CASHSHIP, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUPPLIERS, VENDORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We make reasonable efforts to ensure that Transactions are handled promptly. Still, we do not guarantee the time it will take to complete processing because the Service is highly dependent on a number of variables beyond our control. The above disclaimer may not apply to you because implied warranties are not permitted in some areas. Notwithstanding the preceding, you may be entitled to a refund under the terms of this User Agreement.
You agree to indemnify and hold CASHSHIP, its suppliers, service providers, service bureaus, and their respective subsidiaries, affiliates, offerings, directors, agents, partners, employees, and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Service, your connection to the Service, or your violation of the Terms of Service.
Please contact Customer Service to request a refund. If funds have not yet been withdrawn or transferred to a Recipient's account, we will refund your money within four (4) Business Days of receiving your request to cancel a transfer. Unless Send Money, Recharge, or Bill Pay funds have already been paid to the Recipient or Third-Party Service Company, you may cancel your Transaction for a full refund within 30 minutes of your authorization. We do not typically issue refunds beyond 30 minutes but may do so in exceptional cases where possible and appropriate.
After receiving your cancellation request, we will make every effort not to debit your Payment Instrument. However, before we receive your cancellation request, we may have made an irrevocable request for cash from your financial institution. Even if you have canceled your Transaction, your Payment Instrument may be debited in some situations; however, we will refund your money within four (4) Business Days after receiving the cash from your financial institution. Even if you have canceled your Transaction, your Payment Instrument may be debited in some situations; however, we will refund your money within four (4) Business Days after receiving the cash from your financial institution. Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Only the same currency used to pay for the Transaction ("Shipping Currency") is refunded. Changes in the value of the Sending Currency since your Transaction was submitted will not be used for refund amounts. Notwithstanding the preceding, unique refund procedures may apply depending on your country or state of residence.
1. General. Let us know if you have any problems with the Service by emailing CASHSHIP. Information is located under the "Contact Us" tab on our website or app.
2. “Business Day(s)” means Monday through Friday, except for holidays and/or vacations on which CASHSHIP's offices in the Republic of Panama are closed; these holidays will be adjusted according to the calendar issued by the Government of the Republic of Panama on an annual basis where holidays and/or vacations are reiterated. If the holiday is on a Sunday, CASHSHIP celebrates the holiday on the following Monday.
3. Customer updates. If you change your email address or telephone number, you should update your profile on our websites as soon as possible. It is possible that we may not be able to notify you regarding essential information or changes in the status of your Transaction if we do not have accurate contact information.
5. Complete Agreement. The Terms and Conditions are the final agreement between you and CASHSHIP regarding the Service and control your use of the Service, superseding all prior agreements between you and CASHSHIP or any other party in connection with the Service.
6. Changes to Country of Residence. You may be required to sign new Terms and Conditions if you change your country of residence. Transactions made from the new country of residence will not be subject to the Terms and Conditions that you approved for your previous country of residence.
7. No Waiver. CASHSHIP's failure to exercise or enforce any right or provision of the Terms and Conditions shall not be construed as a waiver of such right or provision, nor shall it be interpreted as a promise that CASHSHIP will take such action in the future. If any provision of the Terms and Conditions is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties agree that the arbitrator or court should endeavor to give reasonable effect appropriate to the intent of the User Agreement as stated in the provision, and the User Agreement's other provisions shall remain in full force and effect.
8. Amendment. Except as required by law, we reserve the right to change these Terms and Conditions at any time without notice. When visiting our websites, you can always obtain the most current version of the User Agreement. If you do not agree to the current terms of this User Agreement, do not use the Service. We assume that you have accepted an amendment or modification if you use the Service after the effective date of the amendment or modification. You agree not to change this User Agreement and agree that any attempt by you to do so would be null and void.
10. Special Notice for International Use: Export Controls. The software used in connection with the Service and, if applicable, data transmission may be that your country of residence may impose export controls. You may not download Software from the Service or otherwise export or re-export it otherwise in violation of the export laws of your country of residence. You accept all responsibility for downloading and use of the Software. Recognizing the international nature of the Internet, you agree to follow all applicable local rules and laws when using the Service, including those governing online conduct and acceptable content.
15. Apple-compatible software apps:
A. CASHSHIP provides software developers intended to be used in conjunction with Apple Inc. ("Apple") products and other platforms. In addition to the additional terms and conditions outlined in this User Agreement, the following terms and conditions apply to Software that is made available for use in conjunction with an Apple-branded product (such Software, "Apple-enabled Software"):
i. CASHSHIP and you agree that these Terms and Conditions are solely between CASHSHIP and you, not Apple and that CASHSHIP, not Apple, is entirely responsible for the Apple-enabled Software and its contents.
ii. You may not use the Apple-Enabled Software in any manner that breaches or is inconsistent with, or conflicts with, the Usage Rules for Apple-Enabled Software outlined in the App Store Terms of Service.
iii. Your license to use the Apple-enabled Software is restricted to a non-transferable license to use the Apple-enabled Software on an iOS Product that you own or control, subject to the App Store Terms of Service Usage Rules.
iv. Apple is under no obligation to provide any maintenance or support services connected to Apple-enabled software.
v. Apple does not cover any product warranty, whether express or implied by law. You may notify Apple if the Apple-enabled Software does not comply with any applicable warranty, and Apple will refund the purchase price of the Apple-enabled Software, if applicable; and, to the maximum extent permitted by applicable law, Apple will have no further warranty obligation regarding the Apple-enabled Software, or any other claim, loss, liability or responsibility.
vi. You acknowledge that CASHSHIP, not Apple, is responsible for addressing any claim that you or any third party may have concerning the Apple-enabled Software or your possession and/or use of such Apple-enabled Software, including, but not limited to: (i) product liability claim(s); (ii) any claim that the Apple-enabled Software does not comply with applicable legal or regulatory requirements; and (iii) any claim that the Apple-enabled Software does not comply with applicable legal or regulatory requirements.
vii. If a third-party claim that the Apple-enabled Software or your ultimate possession and use of the Apple-enabled Software infringe that third party's intellectual property rights, CASHSHIP, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any claim of intellectual property infringement.
viii. You certify that you are not located in a nation that is subject to an embargo by the government of the Republic of Panama or other countries or that has been designated by the government of the Republic of Panama or other countries as a nation that "supports terrorism"; and (ii) it is not on any list of the Government of the Republic of Panama or other countries of prohibited or restricted parties.
ix. Please get in touch with us using the information below if you have any questions, concerns, or complaints regarding Apple-enabled software.
x. CASHSHIP, and you acknowledge and agree that, concerning the Apple-enabled Software, Apple and Apple's subsidiaries are third-party beneficiaries of this User Agreement and that, upon your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you. You can contact us by emailing us using the email address found under the Customer Service tab on our website or application.
16. Limitaciones de responsabilidad
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS OR UNDER APPLICABLE LAW, IN NO EVENT SHALL CASHSHIP, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANTS OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CASHSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF CASHSHIP, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES.
17. Error resolution
In case of "errors" or questions about your wire transfers or email reloads, we use the information provided on our website under "Contact Customer Service." Please email us as soon as possible if you think there was an error with your transfer, receipt, or reload, or if you need more information about a transfer listed on your statement or receipt. WE MUST HEAR FROM YOU NO LATER THAN 60 DAYS AFTER WE RECEIVE WRITTEN CONFIRMATION OF THE TRANSACTION.
1. Provide us with your name and account number (if you have one).
2. Please describe the error, the transfer you are unsure about, or a recharge problem, and explain as clearly as possible why you think it is an error or why you need more information.
3. The name of the person receiving the funds and, if known, their telephone number or address.
4.Please provide us with the transaction confirmation code or number.
5. Please notify us of the amount in dollars for the suspected error.
a. If you notify us orally, we may require that you send us a written complaint or question within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error so that you may use the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We may take up to 90 days to investigate your complaint or question for errors involving new accounts, point-of-sale, or foreign-initiated transactions. We may take up to 20 business days to credit your account for the amount you think is in error for new accounts.
We will let you know the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.
18. Arbitration Agreement
You and CASHSHIP agree that any legal or equitable claim or dispute arising out of or related to CASHSHIP services or your CASHSHIP account will be handled following the terms of the Arbitration Agreement set forth below. Please take the time to read this material. It includes, among other things:
It affects your rights and how you and we resolve the claims we have against each other.
Consists of a Class and Representative Action Bar and Non-Individualized Relief, whereby you agree to give up your right to sue us as part of a class action.
Requires you to opt-out of the CASHSHIP Arbitration Agreement by sending us written notice through our website's CASHSHIP contact support tab. If you are a new CASHSHIP user, you must submit your opt-out notice within 30 days of accepting this User Agreement. If you are a current CASHSHIP user who has already accepted the Terms of Service,
The notice of exclusion must be postmarked no later than 30 days after the effective date of this Arbitration Agreement.
We aim to know and solve your problems if you disagree with CASHSHIP. If we cannot do so to your satisfaction, we will attempt to resolve the disagreement impartially and cost-effectively. Any complaints you have about CASHSHIP services can be sent to customer service through the CASHSHIP Support Center.
|CASHSHIP Arbitration Agreement|
|Our Agreement||You and CASHSHIP agree that any and all disputes or claims arising out of or relating to CASHSHIP services or your CASHSHIP account, including, without limitation, federal and state legal claims, common law claims, and claims based on contract, tort, fraud, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding arbitration. This Arbitration Agreement is intended to be read broadly.|
|Non-individualized grievances and collective and representative actions are prohibited.||You and CASHSHIP agree that we may only bring claims against each other individually, not as a plaintiff or class member in any action or proceeding that is ostensibly collective or representative. Arbitrators may not consolidate or join the claims of more than one person or party. They may not preside over any consolidated, representative, or class proceeding unless you and CASHSHIP agree otherwise. In addition, arbitrators may only provide relief (including monetary, injunctive, and declaratory relief) to the individual party seeking relief and only to the extent needed to satisfy that party's particular claims.|
|Arbitration Proceedings||Arbitration is a less formal process than filing a lawsuit in court. Instead of a judge or jury, arbitration uses a neutral arbitrator or arbitrators, and judicial review of an arbitration award is restricted. However, arbitrators can award the same damages that a court can award on an individual basis. Arbitrators must also comply with the rules of these Terms and Conditions in the same manner as a court would. Except for issues related to the arbitrators, all matters are decided by the arbitrators.Clients, however, are bound to the extent required by applicable law by prior arbitration decisions involving the same CASHSHIP client. The award of the arbitrator(s) shall be final and binding, and judgment on the arbitrator's (s) decision may be entered in any court having jurisdiction over the matter.|
|Arbitration Costs||Unless otherwise stated in this Arbitration Agreement, all filing, administration, and arbitration fees shall be controlled by the PANAMA CHAMBER OF COMMERCE rules. If the amount sought in relief is $10,000 or less, CASHSHIP will pay all filing, administration, and arbitrator fees related to the arbitration at your request. Any request for CASHSHIP to pay the fees must be mailed to the PANAMA CHAMBER OF COMMERCE and your Request for Arbitration. CASHSHIP will arrange to pay all applicable costs directly to the PANAMA CHAMBER OF COMMERCE. If the relief sought is worth more than $10,000 and you can demonstrate that the costs of accessing arbitration will be prohibitive compared to the costs of accessing a court to initiate individual litigation, CASHSHIP will pay most of the filing, administration, and arbitrators' fees that the arbitrators deem necessary to prevent the cost of accessing arbitration from becoming prohibitive. If the arbitrator(s) find(s) that the claim(s) you submit in arbitration are frivolous, you agree to reimburse CASHSHIP for all arbitration expenses paid on your behalf by CASHSHIP that you would otherwise be liable to pay under this agreement.|
|Divisibility||If a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the remaining parts of this Arbitration Agreement shall continue to apply, except for any of the Prohibition provisions on Class and Representative Actions and Non-Individualized Relief. Prior Section. If a court finds that any of the provisions of the above section Prohibition on Class and Representative Actions and Non-Individualized Relief is invalid or unenforceable because it would prevent the exercise of a non-waivable right to seek public injunctive relief, any dispute over the right to such relief (and only such relief) must be severed from the arbitration and may be resolved in court. All other matters subject to arbitration under the terms of the Arbitration Agreement shall be determined following the terms of the Arbitration Agreement|
|Future Amendments to the CASHSHIP Arbitration Agreement||Notwithstanding anything to the contrary in the Terms and Conditions, both you and we agree that any future amendments to this Arbitration Agreement (other than changes to any notice address or website link provided herein) will not apply to any claim filed in a legal proceeding against CASHSHIP before the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and CASHSHIP. We will notify you of any revisions to this Agreement to Arbitrate by posting the updated terms on www.CASHSHIP.com at least 30 days before the revisions become effective and by sending you an email. You may cancel your CASHSHIP account during the 30 days if you do not agree to the revised terms and will not be bound by the new terms.|
19. Governing Law and Jurisdiction
You agree that the laws of the Republic of Panama, without regard to principles of conflict of laws, will govern these Terms and Conditions and any claim or dispute that has arisen or may arise between you and CASHSHIP, except to the extent inconsistent or overridden. by federal law and except as otherwise provided in this User Agreement.