This Terms & Conditions is a contract between you and Cashela Inc. (“Cashela”) and its affiliates, and or subsidiaries.
PART A: Introduction
The rules under which you may use Cashela’s products and services offered through Cashela’s website and APP, are governed by this Terms and Conditions. ("Cashela" or the "Service"), and access and use Cashela websites (for purposes of this User Agreement, "websites" includes our desktop website, our mobile websites, and our mobile applications) and the services associated with it. By accessing Cashela’s website or APP or subscribed to any of Cashela’s products and Services, you agree to be bound by this Terms and Conditions, Cashela will create an account for you to utilize the Service, access your transaction history, and contact information, (the "Cashela Account"). Because of your usage of the Service, there will be no money in your Cashela Account. This Terms & Conditions is between you and the Cashela entity in your place of residence, and you acknowledge and agree to it. (“Cashela”). You agree to the Terms & Conditions by accessing and using the Service. The terms "we," "us," and "our" relate to Cashela, as well as its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees, as used throughout this User Agreement. "You" and "Your" refer to anybody who utilizes the Service to send money, pay bills, or recharge pre-paid mobile phone plans. ("Sender").
1. FRAUDULENT CONSUMERS WARNING: BEWARE OF SCAMS AND FRAUD.
The Service provides a safe and simple method to send money to family members and other individuals you trust, pay for pre-paid mobile phone plan reloads, and pay bills. However, scammers and fraudsters abound, so be wary of discounts or offers that appear too good to be true. We strongly advise you not to give money to strangers, recharge pre-paid mobile phone plans, or pay bills for people you do not know.
Use Cashela solely for legal purposes and keep your password private. Do not send or request information to others. For more information on how to send money safely please refer to the resources located in our website or contact us via email. If you suspect you are being scammed or defrauded, or if your login or password has been lost or stolen, please contact us immediately. To contact Customer Support, located in our website under the “Support” Tab.
Our main priority are your security and the integrity of your Cashela Account, and we work diligently to protect your data. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at email@example.com. Please be aware that Cashela will never ask for your Cashela Account password. If you receive any fake (i.e., phishing) e-mails claiming to be from Cashela, please forward them to us at firstname.lastname@example.org.
PART B: GENERAL SERVICE TERMS 1. Overview of the Service
1. Senders will be able to send money (“Send Money”), reload pre-paid mobile phone plan credits and goods and commodities to pay a merchant or service provider from third parties (“Reload”), and pay bills (“Bill Pay”) all over the world using the Service. Senders should limit their usage of the Service to sending money to, reloading pre-paid mobile phone plans for, or paying bills for persons they know, such as family and friends. You should never send requests or money to strangers using the Service.
2. Cashela is a licensed or authorized supplier of money remittance services under the laws of the State of Florida. Cashela handles all money transfers for Senders.
3. A "Sender" is a person who utilizes the Service to transfer money, pay a bill, or refill a pre-paid mobile phone plan. A "Recipient" is a person who gets money through the Service from a Sender. A "Third-Party Service Company" is a Cashela Reload vendor or a utility or other business that receives a bill payment from a Sender via the Service. A "Beneficiary" is someone for whom a Sender reloads his or her pre-paid mobile telephone plan or makes a bill payment through the Service. If you use the Service to pay your relative's power bill, for example, your relative is your Beneficiary, and the energy provider that receives the money is the Third-Party Service Company for that Transaction. You accept that on your Reload or Bill Pay receipt, the individual referred to as "Beneficiary" in this Terms & Conditions may be referred to as "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 Send Money, Reload, or Bill Pay transaction. The "Transaction Amount" is the amount that the Sender provides to us to send the Transaction, excluding applicable fees, such as the Transaction Fee (as defined in “Payment” below) or stated Third-Party Service Company fees The "Payout Amount" is the amount paid to the Recipient or Third-Party Service Company, less any taxes or charges imposed by the Destination's legislation and withheld from the Payout Amount (the "Local Taxes"). The "Payout Currency" is the currency in which the Sender specifies the Payout Amount. All Transaction Fees (as defined below) relating to the Service are provided free and clear of all taxes, duties, or other deductions, and without any deduction or withholding for or on account of the same. You are solely responsible for any such deduction or withholding if required by the laws of any nation.
2. Accessing the Service
1. Eligible Users. You must be at least eighteen (18) years old or the age of majority in your country to access or use the Service as a Sender, and you must be able to establish legally binding contracts. For more information on the age of majority, please refer to the relevant part for your country's unique regulations, which may be found between Part C and F. Other limitations can apply. The Cashela service is only available to natural individuals.
2. Mobile Services. A mobile device can also be used to access the Service. If you 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 Pay Beneficiary Consents. You certify that your Beneficiary has given you permission to access his or her account information and has given Cashela permission to collect and verify information about him or her.
4. Not Available to Certain 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 decline any Transaction at any time and at our sole discretion. This may include transactions from specific Senders, for specific Beneficiaries, or to specific Recipients or Service Companies, including, but not limited to, entities and individuals listed on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, United Nations Security Council Sanctions List, and other lists issued from time to time by. We may also, without prior notice, limit the amount that can be transferred on a single Transaction or aggregated basis at any time and in our sole discretion. Individual Cashela accounts, as well as associated Cashela 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 performing a Transaction poses an unacceptable degree of risk to us, our users, or our systems.
3. Fees and Payment
1. Transaction. Fees you agree to pay Cashela's transaction charge (the "Transaction Fee"), if applicable, plus the Transaction Amount for each Transaction you submit. Before you authorize a Transaction, any Transaction Fee will be communicated to you. The Transaction Fee is different depending on the kind of transaction, destination, payment instrument, transaction amount, payout currency, and reload carrier. You may now go directly to our website for more detailed information on Transaction Fees and foreign currency rates for Send Money transactions.
2. Reload Third-Party Service Company Fees. You agree to pay the appropriate Third-Party Service Company costs provided to you prior to authorizing a Transaction for each Reload Transaction that you submit.
3. Foreign Currency Exchange Rate. When you pay for a Transaction in one currency and the Transaction is paid out in another currency, we and our Service Providers (defined below) frequently profit. The difference between the exchange rate at which we acquire foreign currency and the exchange rate supplied to you is how we normally make money. If a foreign currency exchange rate is applicable, you will be informed of it before you authorize a Transaction. The Third-Party Service Provider charges for reloads in the Carrier's foreign currency (defined below). For such Reloads, we'll provide a local currency pricing based on an exchange rate determined by Cashela. The difference between the local currency pricing we offer you and the foreign currency price the Third-Party Service Provider pays for foreign Reloads is how we and the Third-Party Service Provider make money. We shall disclose the Reload Price in local currency, the Reload amount in foreign currency (if applicable), and the exchange rate Cashela uses to compute the Reload price before you authorize the purchase of a foreign Reload from the Third-Party Service Provider.
4. Local Taxes. In certain receiving countries, local taxes may apply. To the extent needed by law, you will be informed about local taxes prior to authorizing a Transaction.
5. Other Charges. Any fees or charges imposed by the banking institutions linked 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 liable for any such costs, nor for non-sufficient funds charges, chargeback fees, or other similar costs imposed on you by your bank, credit or debit card issuer, or other provider because of your use of the Service. If you submit, a Transaction that results in non-sufficient money fees, chargeback costs, or other comparable costs being assessed to us.
The net amount received by a recipient of reload value to pay a merchant or service provider top-up may deviate from the product’s face value because of the applicability of taxes in the country it is received.
6. Payment. Although we may choose not to debit your Payment Instrument right away, payment is required at the time your Transaction is submitted for processing. You permit us to access, charge, electronically transfer, or debit funds from any payment instrument you supply us in connection with your use of the Service in order for us to collect payment from you and complete your Transaction. (Each, a "Payment Instrument") including, for example, your credit card, debit card, bank account or Cashela balance. 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. Once Cashela initiates the electronic transfer from your account, which may be after your Recipient or Third-Party Service Company has received the Payout Amount, you will not be able to cancel it. If your payment fails or is insufficient, you permit us to retry debiting your Payment Instrument or a different Payment Instrument one or more times. If there are insufficient funds in your bank account at the time you submit your Transaction, 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 own your Payment Instrument(s) legally.
7. Pay Only When Received or "POWR." Before your Payment Instrument is debited for the Transaction Amount, the Transaction Fee, or any other applicable fees, the Third-Party Service Company, your Recipient, or the Beneficiary may receive a Reload or the transferred money for certain Cashela Transactions. We refer to this as “POWR”, while it may go by 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 Recipient. You acknowledge that not all Transactions are eligible for POWR, and that POWR is dependent on a number of parameters, including (but not limited to) the destination, financing 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 qualifying in a previous Transaction does not guarantee POWR qualifying in a later Transaction. POWR may be terminated, suspended, or modified at any time, and any Transaction may be rejected from POWR eligibility at any time, for any reason.
8. Verification. You accept that your Payment Instrument may be verified in conjunction with a Transaction. For example, you agree that as part of our attempt to authenticate ownership of the account, we may from time-to-time debit your bank account for less than the amount of the transfer (i.e., for a transfer of $500, we may debit $499.98 from the bank account).
4. Transaction Pay Outs
1. Service Providers. To effectuate Send Money, Reload, and Bill Pay Transactions, we collaborate with local banks, money exchange houses, Third-Party Service Companies, and other third-party service providers (each a "Service Provider"). We make every effort to keep our websites up to date with current information on our Service Providers' locations, availability, and hours. However, you should contact the Service Provider to check their operating hours and location.
2. Verification. Before receiving funding, recipients may be asked to provide authentic, legitimate, and current identification document(s) from a list of authorized forms of identification. Recipients may also be requested to submit a Transaction number and/or another, comparable identification for their Transaction. You give us permission to contact your Recipient or a Third-Party Service Company, as needed, and to keep any 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 a mobile wallet account, you must confirm that the Recipient's account is denominated 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 cancelled if the account does not have the same currency as the Transaction.
1. General. We reserve the right to change or discontinue the Service (or any portion of it) 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 Cashela Account and/or the Cashela Account of your Recipient (if they have one), at any time prior to 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 our Service Providers' business hours, systems availability, and currency availability.
3. Commercial Transactions. You agree to use the Service solely for personal purposes, such as sending money to others or purchasing Reloads 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 Service to Companies for Beneficiaries you know personally), we may cancel your Transaction(s) and close your Cashela Account and/or the Cashela Accounts of your Sender and Recipient. You agree that Cashela is not responsible for your commercial use of the Service, including any risks connected with the purchase of products or the payment for services.
4. Reloads. You acknowledge that our role in Reload Transactions is to confirm the transfer of the Payout Amount and Third-Party Service Provider fees from a Sender's account to the Third-Party Service Company. The amount of prepaid wireless services credit being purchased in the Carrier's currency (specified below), or sending value used to pay a merchant or a service provider, excluding Local Taxes, is the Payout Amount for a Reload. Instead of the Carrier, the Third-Party Service Company might be a prepaid cellular service, merchant or service provider reseller. We disclose when a Beneficiary's cellphone carrier (the "Carrier") may add Local Taxes and other costs to a Reload Transaction, but the Destination and Carrier decide the actual amount of the 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 mobile phone account (the "Carrier Agreement"). The Carrier Agreement governs all services for which the Beneficiary may use the Reload. Fees and taxes imposed on a Reload, the expiration of the Reload, and the quality and amount 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 the Reload can be used for the Carrier's services, you should address them to the Carrier. We are not accountable for the third-party service company’s or carrier’s performance.
The recipient of reload value used to pay a merchant or a service provider, may be subject to the merchants or service provider terms and conditions. Depending on the service and denominations of Goods and Commodities (referring herein to the value sent to the end-user, which may be used by the end-user to pay a merchant or service provider) will expire after a period set by the merchant or service provider.
5. Limitations on Frequency of Transfers. The number of Transactions you may complete with your Cashela Account may be limited for security reasons at our sole discretion.
6. Prohibited Transactions. You may not use the Service in any way that is inconsistent with this Terms & Conditions or any applicable laws, rules, or regulations. Using the Service for any of the following actions (without restriction) is a violation of this User Agreement: purchasing or selling tobacco, online gambling, firearms, prescription drugs, or other controlled substances; or sending money to a Recipient or paying for a Reload for a Beneficiary who has violated the User Terms & Conditions. We reserved the right to report you or the suspected transaction(s) to the relevant 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 Cashela Account that we think is being used for any purpose forbidden by this Terms & Conditions in our sole discretion. You agree that Cashela is not responsible for any usage of the Service that is in violation of this User Agreement.
7 Others. Without Cashela's specific approval, you may not request, submit, or receive a Transaction I on behalf of another person or (ii) on behalf of a charity organization. We reserve the right to cancel numerous Cashela Accounts maintained by an individual, individuals connected to the individual, or anyone living in the same household as the individual at any time and at our sole discretion.
8. Restricted Activities. If you use or interact with the Service, you will not:
a. Breach or violate any restrictions in this User Terms & Conditions, or any other agreement between you and Cashela;
b. Open several Cashela accounts or try circumventing Cashela's Terms & Conditions by sending or receiving limits, policies, or determinations concerning your Cashela account;
c. Infringe on Cashela's or a third party's copyright, patent, trademark, trade secret, or other intellectual property rights, as well as privacy or publicity rights;
d. Provide false, inaccurate, or misleading information;
. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
f. Collaborate with anyone else in an attempt to bypass, circumvent, or violate prohibited and/or restricted activities, such as by managing a Cashela Account that is linked to another account or Payment Instrument that participates or has participated in any of banned activities;
g. Use an anonymizing proxy.
h. Take any action that might result in Cashela losing any of our Internet service providers, payment processors, disbursement partners, or other suppliers or service providers' services.
i. You will not reveal Transaction numbers or information with anybody other than the Third-Party Service Company, your Recipient, or Beneficiary, and you will urge your Sender, Recipient, or Beneficiary not to do so.; or
j. Harass our workers, agents, or other users, and/or threaten them.
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 any networks and servers used to provide any of the Cashela services) operated by us or on our behalf, or some or all of the Cashela services for any reason and at any time, with or without notice to you, and upon termination, to revoke any and all of your rights under this User Agreement.
7. E-Communication Delivery Policy
This Terms & Conditions will be entered into electronically, and you acknowledge and agree to it. Unless otherwise required by law, the following kind of information ("Communications") shall only be delivered electronically, rather than on paper or by other non-electronic means: I your records of Transactions through the Service (including receipts or confirmations of Transactions); (ii) descriptions or records of your usage of the Service; (iv) any initial, periodic, or other disclosures or notifications issued in connection with the Service, including any required by law.; (v) any customer service communications or disclosures, including but not limited to communications or disclosures relating to claims of error or unauthorized use of the Service; and (vi) any other communication, agreement, or disclosure relating to Cashela, Cashela, the Service, your Cashela Account, or any Transaction. You agree to receive all communications from us electronically.
We shall provide you these Communications by publishing them on our websites and/or emailing them to the primary email address indicated in your Cashela account.
2. How to Withdraw Your Consent. Because we communicate via electronic means, you must consent to receive communications via electronic means in order to create a Cashela Account and utilize our services. By contacting Customer Support, you can withdraw your agreement to receive all Communications electronically. We reserve the right to deny opening a Cashela Account for you or terminate, suspend, 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 nonelectronic Communications under applicable law.
3. Requesting Paper Copies of Electronic Communications. If you would like a physical copy of a Communication, we previously sent you after consenting to receive Communications electronically, you may do so by contacting us as specified above within 180 days of the date we gave you the Communication. You must have a current street address listed as your address in your Cashela Account profile in order for us to give you printed copies within the State of Florida, or the United States.
4. Updating Your Contact Information. It is your responsibility to maintain your primary email address current so that we may interact electronically with you. You, on the other hand, 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 wrong, out of date, or banned, you will get it if your service provider refuses to send you electronic mail, or if you are otherwise unable to receive electronic mail, we shall be regarded to have given you with the Communication if we have not communicated with you. Please be aware that if you use a spam filter that rejects or reroutes emails from senders who are not included in your email address book or for other reasons, you must add us to your email address book in order to receive the Communications we send to you. By entering onto the website, heading to "My Account," and selecting the "Email" page, you can change your primary email address or street address at any time.
8. Communications between You and Us
You agree that we may contact you at that number via autodialed or prerecorded calls or text messages to: (i) service your Cashela Account, (ii) investigate or prevent fraud, or (iii) collect a debt if you supply us with your mobile phone number. We shall not contact you for marketing reasons through autodialed or prerecorded calls or messages unless you have given us your express written authorization. We may share your mobile phone number with service providers we hire to help us with the aforementioned operations, but we will not share it with third parties for their own purposes without your permission. To use and enjoy Cashela, you do not have to consent to receive autodialed or prerecorded calls or messages to your mobile phone number. To check out of getting autodialed or prerecorded calls or messages to your mobile phone number, please contact Customer Service. Charges for minutes and texts via phone may apply.
9. Collection of Information
a. where it is required for the completion of Transactions;
b. to comply with government agency or court orders of competent jurisdiction within the United States and the State of Florida;
c. if you give us your consent; or
d. as otherwise described in our Privacy Statement.
2. Invisible ReCAPTCHA. You accept and agree that the Service has integrated Google's Invisible ReCAPTCHA service into our websites as a tool to identify and prevent potentially unlawful conduct and policy breaches. You also accept that your usage of the Service and our websites includes the Invisible ReCAPTCHA service, which is governed by Google's Privacy Statement and Terms of Service.
10. Intellectual Property
You recognize that Cashela is the only owner of the Service, including any patents, copyrights, trademarks, trade secrets, service marks, logos, and product and service names, as well as all other patents, copyrights, trademarks, trade secrets, service markings, logos, and product and service names (the "Intellectual Property"). You agree not to put the Intellectual Property on display, use it, duplicate it, or change it in any way. You are only permitted to view and save a copy of our websites' pages for your own personal, non-commercial use. You further agree not to: I engage in or use any automated devices, data mining, robots, scraping, 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 the information that you legally upload to the Service; (iii) resell, lease, loan, sell, distribute, or create derivative. The technology and software underlying the Service or distributed in connection therewith are the property of Cashela, its affiliates and Service Providers, as applicable (the "Software").
Cashela hereby grants you a nontransferable, non-sub license, and 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 otherwise exploit the Software. Cashela 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 WARRANTY OR CONDITION. CASHELA, 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, but we make no guarantees or guarantees about the time it will take to finish processing because the Service is heavily reliant on various variables beyond out of our control. Because implied guarantees are not permitted in some areas, the preceding disclaimer may not apply to you. Despite the above, you may be entitled to a refund under the terms of this User Agreement.
You agree to hold Cashela, its suppliers, vendors, Service Providers, Service Companies, and their respective subsidiaries, affiliates, offers, 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 seek a refund. If the funds have not yet been picked up or transferred into a Recipient's account, we will return your money within four (4) Business Days of receiving your request to cancel a transfer. Unless the Send Money funds, Reload, or Bill Pay has already been paid out to the Recipient or Third-Party Service Company, you can cancel your Transaction for a full refund within 30 minutes of authorizing it. We normally do not issue refunds beyond 30 minutes, but we may do so in exceptional instances when possible and appropriate.
After we receive your cancellation request, we will make every attempt not to debit your Payment Instrument. However, prior to receiving your cancellation request, we may have made an irrevocable request for cash from your financial institution. Even if you have cancelled your Transaction, your Payment Instrument may be debited in some situations, however we will reimburse 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 (“Send Currency”) is refunded. Changes in the value of the Send Currency since your Transaction was filed will not be used for refund amounts. Regardless of the foregoing, depending on your nation or state of residency, unique refund procedures may apply.
1. General. Please let us know if you have any problems with the Service by sending Cashela an email. Information located under the “Contact Us” tab in our website or App.
2. “Business Day(s)” means Monday through Friday, excepting holidays when Cashela's offices in the United States are closed. New Year's Day (January 1), Martin Luther King, Jr.'s Birthday (the third Monday in January), George Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), and Thanksgiving Day (the fourth Thursday in November) are some of the major holidays. If a holiday falls on a Saturday, Cashela observes the holiday on the prior Friday. If the holiday falls on a Sunday, Cashela observes the holiday on the following Monday.
3. Customer Updates. If your e-mail address or phone number changes, you must update your profile on our websites as soon as possible. We may not be able to notify you of essential information or changes in your Transaction status if we do not have accurate contact information.
5. Entire Agreement. The Terms & Conditions is the final agreement between you and Cashela about the Service, and it controls your use of it, replacing all earlier agreements between you and Cashela or any other party in connection with the Service.
6. Changes to Country of Residence. You may be needed to sign a new Terms & Conditions if your country of residency changes. Transactions done from the new country of residence will not be subject to the Terms & Conditions you approved for your previous country of residence.
7. No Waiver. Cashela's omission to exercise or enforce any right or provision of the Terms & Conditions shall not be construed as a waiver of such right or provision, nor should it be construed as a promise that Cashela will take such steps in the future. If an arbitrator or court of competent jurisdiction finds any provision of the Terms & Conditions to be invalid, the parties agree that the arbitrator or court should endeavor to give appropriately valid effect to the User Agreement's intention as reflected in the provision, and the User Agreement's other provisions will remain in full force and effect.
8. Modification. Except as required by law, we reserve the right to change this Terms & Conditions at any time without prior notice to you. By visiting our websites, you may always get the most up-to-date version of the User Agreement. If you do not agree to the current terms of this User Agreement, do not use the Service. You are presumed to 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 you accept that any attempts by you to do so would be null and invalid.
10. Special Notice for International Use; Controls on exportation Software used in connection with the Service and, if applicable, data transmission may be your country of residence may impose export controls. You may not download Software from the Service or otherwise export or re-export it in violation of the export laws of your country of residence. You accept full responsibility for downloading and using 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-enabled Software Applications
a. Cashela provides software programmers that are meant to be used in conjunction with Apple Inc.'s ("Apple") products, as well as other platforms. In addition to the other terms and conditions set out in this User Agreement, the following terms and conditions apply to Software that is made available for your use in conjunction with an Apple-branded product (such Software, "Apple Enabled Software"):
i. Cashela and you agree that this Terms & Conditions is exclusively between Cashela and you, not Apple, and that Cashela, not Apple, is entirely responsible for the Apple Enabled Software and its content.
ii You may not use the Apple-Enabled Software in any way that is in violation of or inconsistent with the Usage Rules for Apple Enabled Software set out in the App Store Terms of Service, or otherwise be in conflict with them.
iii. Your license to use the Apple-Enabled Software is restricted to a nontransferable license to use the Apple-Enabled Software on an iOS Product that you own or control, subject to the App Store Terms of Service's Usage Rules.
iv. Apple is under no obligation to provide any maintenance or support services in connection with Apple-Enabled Software.
v. Any product warranties, whether stated or implied by law, are not covered by Apple. You may notify Apple if the Apple-Enabled Software fails to conform to any applicable warranty, and Apple will refund the purchase price for the Apple-Enabled Software, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, or obligations.
vi. You acknowledge that Cashela, not Apple, is responsible for addressing any claims you or any third party may have regarding the Apple Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: I product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement.
vii. If a third-party claims that the Apple-Enabled Software or the end-possession user's and use of the Apple-Enabled Software infringes on that third party's intellectual property rights, Cashela, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
viii. You certify that I you are not in a nation that is subject to a US government embargo or has been designated by the US government as a "terrorist supporting" nation; and (ii) you are not on any US government list of prohibited or restricted parties.
ix. Please contact us using the information below if you have any questions, concerns, or claims regarding Apple Enabled Software.
x. Cashela and you acknowledge and agree that, with respect to 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 this Terms & Conditions against you’d. Get in touch with us by sending us an email through the email address located under Customer Support tab in our website or App.
16. Limitations of Liability
EXCEPT AS OTHERWISE SET FORTH IN THIS TERMS & CONDITIONSOR PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL CASHELA, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANIES, OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR CONSULTANT OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CASHSELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF CASHSHIP, ITS SUPPLIERS, VENDORS, SERVICE PROVIDERS, SERVICE COMPANY.
17. Error Resolution
In case of “errors” or questions about your electronic transfers or reload email, us using the information provided in our website under “Contact Customer Support.” Please write us as soon as you can if you think there was an error with your transfer, receipt, or reload or if you need more information about a transfer listed on the statement or receipt. WE MUST HEAR FROM YOU NO LATER THAN 60 DAYS AFTER RECEIVING WRITTEN CONFIRMATION OF THE TRANSACTION.
Tell us your name and account number (if any).
Describe the error, the transfer you are unsure about, or a reload issue, and explain as clearly as you can why you believe it is an error or why you need more information.
The name of the person receiving the funds, and if you know it, his or her telephone number and or address.
Tell us the confirmation code or number of the transaction.
Tell is the dollar amount of the suspected error.
If you tell us orally, we may require that you send us a complaint or question in writing 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 will have the use of 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.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you about 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 that we used in our investigation.18. Agreement to arbitrate
You and Cashela agree that any claim or dispute at law or in equity arising out of or connected to the Cashela services or your Cashela account shall be handled in accordance with the terms of the Agreement to Arbitrate set out below. Please take your time to read this material. It includes, among other things:
Affects your rights and will affect how claims you and we have against each other areresolved.
Consists of a Prohibition on Class and Representative Actions and Non-Individualized Relief, under which you agree to forgo your right to sue us as part of a class action lawsuit.
Requires you to opt out of the Cashela Agreement to Arbitrate by writing us a written notification via the Cashela Contact Support Tab located in our website. If you are a new Cashela user, you must send your opt-out notification within 30 days of accepting this User Agreement. If you are a current Cashela user who has already agreed to the Terms of Service,
The opt-out notification must be postmarked no later than 30 days from the effective date of this Arbitration Agreement.
Our objective is to learn about and solve your problems if you have a disagreement with Cashela. If we are unable to do so to your satisfaction, we will attempt to resolve the disagreement in an impartial and cost-effective manner. Any complaints you have about the Cashela services can be submitted to customer care at any time via the Cashela Help Center.
|Cashela Agreement to Arbitrate|
|Our Agreement||You and Cashela agree that any and all disputes or claims arising out of or relating to the Cashela services or your Cashela account, including but not limited to federal and state statutory claims, common law claims, and claims based on contract, tort, fraud, misrepresentation, or any other legal theory, will be resolved exclusively through final and binding arbitration. This Arbitration Agreement is meant to be read widely.|
|Non-individualized relief and class and representative actions are prohibited.||You and Cashela agree that we may only pursue claims against each other on an individual basis, not as a plaintiff or class member in any ostensibly class or representative action or proceeding. The arbitrator(s) may not consolidate or join more than one person's or party's claims, and they may not preside over any sort of consolidated, representative, or class proceeding unless both you and Cashela agree otherwise. Furthermore, the arbitrator(s) may only provide remedy (including monetary, injunctive, and declaratory remedies) to the individual party requesting relief and only to the degree required to satisfy that party's particular claim (s).|
|Arbitration Procedures||Arbitration is a less formal process than filing a lawsuit in court. Instead of a judge or jury, arbitration utilizes a neutral arbitrator or arbitrators, and judicial review of an arbitration ruling is restricted. On an individual basis, however, the arbitrator(s) can award the same damages and relief that a court can grant. The arbitrator(s) must also adhere to the rules of this Terms & Conditions in the same way as a court would. Except for problems pertaining to the arbitrator(s), all issues are decided by the arbitrator(s) Customers, however, are bound to the extent required by relevant law by past arbitration decisions involving the same Cashela client. The arbitrator(s)' award shall be final and binding, and judgement on the arbitrator(s)' decision may be entered in any court with jurisdiction over the matter.|
|Costs of Arbitration||Unless otherwise noted in this Agreement to Arbitrate, all filing, administration, and arbitrator fees shall be controlled by the AAA's regulations. If the amount sought in relief is $10,000 or less, Cashela will pay all filing, administration, and arbitrator expenses involved with the arbitration at your request. Any request for Cashela to pay fees should be mailed to the AAA together with your Demand for Arbitration, and Cashela will make arrangements to pay all applicable costs to the AAA directly. If the relief sought is worth more than $10,000 and you can show that the costs of accessing arbitration will be prohibitive when compared to the costs of accessing a court for the purpose of pursuing individual litigation, Cashela will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to keep the cost of accessing arbitration from becoming prohibitive. If the arbitrator(s) finds the claim(s) you state in the arbitration to be frivolous, you agree to refund Cashela for all arbitration expenses paid on your behalf by Cashela that you would otherwise be liable to pay under this agreement.|
|Severability||If a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate will still apply, with the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above. If a court rules that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above are invalid or unenforceable because they would prevent the exercise of a non-waivable right to seek public injunctive relief, any dispute over the entitlement to that relief (and only that relief) must be severed from arbitration and may be resolved in court. All other issues subject to arbitration under the terms of the Agreement to Arbitrate will be resolved according to the terms of the Agreement to Arbitrate.|
|Amendments to the Cashela Arbitration Agreement in the Future||Regardless of any provision in the Terms & Conditions to the contrary, you and we agree that any future amendments to this Agreement to Arbitrate (other than changes to any notice address or website link provided herein) will not apply to any claim filed in a legal proceeding against Cashela prior to the amendment's effective date. 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 Cashela. We shall notify you of any revisions to this Agreement to Arbitrate by publishing the updated terms on www.Cashela.com at least 30 days before the revisions become effective, as well as by sending you an email. You may terminate your Cashela account during the 30-day period if you do not agree to the modified terms, and you will not be bound by the new terms.|
19. Governing Law and Jurisdiction
You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern this Terms & Conditions and any claim or dispute that has arisen or may arise between you and Cashela, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this User Agreement.
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©2023 Cashela. All rights reserved
©2023 Cashela. All rights reserved