We reserve the right to amend this Agreement (and any Clauses or including a review of the documentsreferred to above) at any time by posting a revised version of it on the Cash Envoy website. Any revised version will become effective as soon as it is posted on the website, and, if any of the amendments include a substantial change, we will provide you with at least 30 days prior notice by sending an e-mail to the e-mail address listed by you.
This Agreement is an important document which you are advised to read and consider carefully before choosing whether to use our services at any time.This Agreement also highlights certain risks that may arise from your using any of our services together with guidance on how to safely carry out and receive online paymentswith Cash Envoy.
We advise you to consider such risks carefully because you will be bound by the provision of this agreement.
Cash Envoy Is Only A Payment Service Provider:
Cash Envoy's main business is the facilitation of payment between customers and merchants. The services being rendered by Cash Envoy is limited to payments and this does not qualify as a deposit or investment service in the sense of the law.
Cash Envoy is an independent contractor for all purposes. We do not have control for nor assumes the liability or legality for the products or services that are paid for with any of our services.
We do not guarantee the identity of any user or ensure that a buyer or seller will complete a transaction.
Kindly note that there are risks with dealing with underage persons or persons acting under false pretenses.
Cash Envoy is providing this site on an independent service provider basis and makes no representation or warranties.
PRIVACY OF OTHERS:
If you receive information about another user through our service, you MUST keep the information confidential and use it only for legal purposes in connection with the Services. You agree not to disclose or distribute any other Cash Envoy's user information to a third party or use the information for marketing purposes unless you receive the user's express consent and/or instruction to do so. You shall not use any information about any other user of our services for any illegal or unauthorized purpose.
The URLS representing Cash Envoy website with all related logos of our products and services on our website are either copyrighted by Electronic Settlement Limited or is a registered trademarkof Electronic Settlement Limited or any of our licensors.
In addition, all page headers, custom graphics, scripts, buttons icons all belong to to us . You agree not to copy, imitate, amend, alter or use them in any manner whatsoever without our prior written consent.
You agree not to transfer or assign any rights or obligations you may have under this agreement without notifying Electronic Settlement Limited in writing, and also seek our prior written consent. We reserve the right to assign this agreement and any rights or obligations herein at any time to any other party without more.
Electronic Settlement Limited may communicate notices to you by posting it on the CashEnvoy website; or sending it to the e-mail address listed in your Account.
With Exception to the amendments to this agreement, such notices shall be considered to be received by you within 24 hours of the time it is posted on the CashEnvoy Website or within 24hours of the time it was sent to your e-mail address.
Notice to Electronic Settlement Limited made in connection with this Agreement may be sent through e-mail to support@CashEnvoy.com.
To be eligible for any services rendered by us, you have affirmed that you are not less than 18yrs old and that you are of sound mind and understands the nature of the transactions you want to carry out.
When you receive a payment via CashEnvoy, the money is received instantly in your CashEnvoy account.From where you can transfer to your Bank account at your convenience.
CLOSING YOUR ACCOUNT:
How to close your account:
You may close your account at anytime. If there is money in your CashEnvoy account. You will notify us of your intention to close your account and we may request further information from you on how to disburse the money in your account. You may close your account by following the hyperlink provided on the CashEnvoy website.
Limitation on closing your Account:
You may not close your account to evade an investigation by the Nigeria Police EFCC or any lawfully constituted body. You remain liable for any exisiting obligations related to or arising from your Account even after the Account is closed.
The fees CashEnvoy will charge for its services are provided as an hyperlink on the CashEnvoy website. However we reserve the right to amend it at anytime. Notice shall be given to you upon any amendment. You shall be notified of the mode all other amendments will take.
In connection with your use of our website, your account or any of our services, or in the course of your interactions with CashEnvoy, a user or a third party, you will not:
a. Breach this Agreement, the Acceptable Use Policy or any other agreement that you have entered into with CashEnvoy (including our Policy);
b. Breach any law, statute, contract, or regulation for example those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising;
c. Infringe our (or any third party's) Copyright, Patent, Trademark, Trade Secret or other intellectual property rights, or rights of publicity or privacy;
d. Act in a manner that is impolitic, defamatory, libelous, unlawful, or threatening to any human persons or properties ;
e. Provide any false, inaccurate or misleading information;
f. send what we reasonable believe to be potentially fraudulent or unauthorized funds;
g. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
h. attempt to "double dip" or undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both CashEnvoy and the seller, bank, or card company for the same transaction;
i. Use an anonymizing proxy;
j. control an Account that is linked to another Account or user that has engaged in any of these Restricted Activities;
k. conduct your business or use the Services in a manner that results in or may results in complaints, disputes, claims fees, fines, penalties and other liability to CashEnvoy, a user, any other third party or you;
l. receipt by us of excessive complaints regarding your account or business;?
m. have a credit score from a credit reporting agency that indicate a high level of risk associated with your use of our services;
n. use your account or the services in a manner that CashEnvoy or our bank acquirer and/or payment processors reasonably believe to be an abuse of their system;
o. Undertake activity that does or may present a credit or fraud risk to us;
p. disclose or distribute another user's information to a third party, or use the information for marketing purposes unless you have received the user's express consents to do so;
q. send any unsolicited emails to any other user or useour Services to collect payments for sending, or assisting in sending unsolicited email to third parties;
r. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
s. facilitate any viruses Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
t. use any robot; spider, other automatic device, or manual process to monitor, copy our website without our prior written permission;
u. use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or any of our services;
v. Copy, reproduce, communicate to any third party, alter, modify, create derivative works, policy display or frame any content from our Website(s) without any applicable third party's written consent;
w. take any action that may cause us to lose any of the services from our internet service providers, payment processors or other suppliers;
x. reveal your account password(s) to anyone else nor use anyone else's password. We are not responsible for losses incurred by you including without limitation the use of your account by any person other than you arising as a result of misuse or disclosure of any of your passwords;
y. do or omit to do, attempt to do or omit to do any other act or thing which may interfere with the proper operation of our services or activities carried out as part of the services or otherwise than in accordance with the terms of this agreement
YOUR LIABILITY - ACTIONS WE MAY TAKE
You agree to indemnify us against any Claims, fees, fines, penalties and other liability incurred by us, any other users or any third party caused by your use any of Services and or arising out of your breach of this Agreement. You agree to reimburse CashEnvoy, a user, or a third party for any and all such liability.
Our Actions; If we have reason to believe that you have engaged in any restricted activities, we may take various actions to protect ourselves, any seller, any other User, a third party, or you from claims, fees, fines, penalties and any other liability. The actions we may take may include the following:
a. we may close, suspend, or limit your access to your account or our services (such as limiting access to any of your funding sources, and your ability to send money, or we remove any financial information)
c. We may request information from you or otherwise update inaccurate information you provided us with
d. We may refuse to provide our services to you in the future and
e. we may proceed against you or insitute any civil.
Account Closure And Limited Access:
At our sole discretion (ad always acting reasonably), we may close your account and terminate this Agreement with you at any time where we consider it expedient to do so. If we close your account, we will provide you with notice of Account closure and where practicable, the reasons for closing your account. If we limit access to your account, we will provide you with notice and, opportunity to request restoration of access if appropriate.
Acceptable Use Policy Violation:
If you violate the Acceptable Use Policy as set forth below, then we hold you liable for up to N10,000,000 for each such violation and may institute legal action against you to recover additional losses that we may incur. You agree that an amount up to N10,000,000 is presently a reasonable minimum estimate of CashEnvoy's damages, considering all currently existing circumstances, including the relationship of the sum of the range of harm to CashEnvoy that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. Wey may deduct such fines directly from any existing balance in the offending account, or any other CashEnvoy account you control. Specific activities that may subject you to fines by us include:
a. Using our services to receive payments for any sexually oriented or obscene materials or services in violation of the Acceptable Use Policy; or
b. Using our services to receive payments for any narcotics, tobacco, or any other controlled substance, steroids or prescription drugs in violation of the Accepable Use Policy.
Legal Fees for Acceptable Use Policy Litigation: If either you or CashEnvoy commence litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorney's fees and costs from the other party and such other party agrees to bear such costs in addition to any other reliefs to which it may be entitled without prejudice to any existing obligations to indemnify any party or 3rd party.
Errors and Unauthorized Transactions:
You agree to immediately notify us if you have reason to believe any of the following activities have occurred: (i) there has been an unauthorized transaction sent from your account; (ii) there has been an unauthorized access to your Account; (iii) your password has been compromised;, or (iv) someone has transferred or may transfer money from your account without your permission (collectively called "Improper Account Access" or “Events”). Further to your obligation to notify us immediately of any of the above events, you agree to monitor your CashEnvoy account closely on a regular basis. We may hold you liable for any unauthorized use of your account by any person provided that we are satisfied that you have not acted in such a way as to enable any third person to gain access to your CashEnvoy ID and/or password/PIN. We will hold you liable for unauthorized use of your account if we do have evidence that you acted in such a way as to enable any third person to gain access to your CashEnvoy ID and/or password/PIN.
CashEnvoy will hold the merchant liable for fraudlent transactions from international cards. All fraudlent payments from international cards will be debitted from the merchant and returned to the card holder.
Notifying CashEnvoy of Errors and/or Unauthorized Transactions:
To notify us if you believe there has been or will be an error or unauthorized transaction on your account, immediately, send an e-mail to firstname.lastname@example.org
Our failure to act with respect to a breach by you or others does not amount to any waiver of our rights to act with respect to subsequent or similar breaches.
Limitations of Liability:
We shall only be liable to you for loss or damage caused directly and/ or are reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section:
a. In no event shall we, or any companies in our corporate group, persons who act on our behalf, and/or persons we enter into contracts with be liable for any of the following types of loss or damage arising from or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:
(i) Any loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
(ii) Any loss or corruption of data: or
(iii) Any indirect or consequential loss or damage whatsoever.
We provide our services to you subject to statutory rights but otherwise without any other warranty or condition, express or implied, except as specifically stated in this agreement. We donot have any control over the products or services that are paid for with our services, and we cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. CashEnvoy does not guarantee continuous, uninterrupted or secure access to any part of our services, and operation of our website(s) may be interfered with by numerous factors outside our reasonable control. You agree your access to the website(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or service. CashEnvoy will make reasonable efforts to ensure that request for electronic debits and credits involving bank accounts and debit and credit cards are processed in a timely manner. We will endeavour to complete all transactions within 10 business days of the request for redemption being made but CashEnvoy makes no representatives or warranties regarding the amount of time needed to complete processing, because our service is dependent upon many factors outside of our control, such as delays in the banking system or card networks. We make every effort to ensure that the information contained in our correspondence, reports, on the Website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and notify us as within a reasonable time if it includes something which appears to you to be wrong or not made in accordance with your instructions.
INDEMNIFICATION / RE-IMBURSEMENT:
You agree to indemnify, defend, reimburse or compensate us and hold us, or any other companies in our corporate group, the people who work for us or who are authorized to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your, your employees or agent's breach of this Agreement, breach of any law and/or use of the service.
COMPLETE AGREEMENT AND THIRD PARTY RIGHTS:
This Agreement sets forth the entire understanding between you and Electronic Settlement Limited with respect to the CashEnvoy service. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be severed in suc a way as to render the other Clauses enforceable. Subject to this Agreement, any person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement.
We andour licensors grant you a limited nonexclusive license to use Cash Envoy's software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You shall not rent, lease or otherwise transfer your rights in the software to a third party. You agree to strictly comply with the implementation and use requirements contained in all Cash Envoy documentation accompanying the services. If you do not comply with Cash Envoy implementation and use requirements you will be liable for all resulting damages suffered by you, us and any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to any of our software are owned by us .
a) 'Account' or 'CashEnvoy Account' means a business Account.
b) 'Agreement' means this agreement including all subsequent amendments and/or review.
c) 'Authorize' or 'authorization' means any person you authorize to collect a payment from your account.
d) 'Business Account' means a CashEnvoy account used for receiving payment.
e) 'Buyer' includes any user who is buying goods or services and/or using the services to make payment.
f) 'days' means calendar days
g) 'CashEnvoy', 'we' or 'us' includes CashEnvoy application and Electronic Settlement Limited duly incorporated under the Nigerian laws.
h) 'CashEnvoy website' means any Urls that we provide the services to you on.
i) 'user', 'you' or 'your' means you and any other person or entity using this service including your agents or representative.
j) 'Policy' or 'policies' means any policy or other agreement between you and CashEnvoy that you entered into on the CashEnvoy website or in connection with your use of the services (as deemed incorporated herein).
k) 'substantial change' means a change to the terms of this agreement that reduces your rights or increases your responsibilities or liabilities.
l) 'verified' means that you have completed our verification process in order to help establish your identity with us. Verification does not constitute an endorsement of a user neither does it guarantee a user's business practices.
o) 'Default Funding source' means the bank account, visa or master card or any other credit or debit facility which you have provided for funding your transaction or which you want to use to make a payment on CashEnvoy.
CashEnvoy ACCEPTABLE USE POLICY.
YOU ARE responsible for complying with all applicable laws in all of your actions relating to your use of CashEnvoy's services regardless of the purpose of the use. In addition, you must adhere to terms of this acceptable policy.
You may not use CashEnvoy service for activities that:
1. Violate any laws, statutes, regulations, Conventions or ordinances
2. Relatingto sales of:
i) Narcotics, steroids, certain controlled substances or other products that present a risk to any consumers’ safety;
ii) Drug paraphernalia
iii) items that encourage, promote, facilitate or instruct others to engage in illegal activity;
iv) items that promote hate, violence, racial intolerance, or the financial exploitation or a crime;
v) items that are considered obscene;
vi) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
vii) certain firearms, firearm parts or accessories, ammunition, weapons or knives.
3. relating to transactions that :
a) show personal information of third parties in violation of applicable law;
(b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs;
(c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
(d) are for the sale of certain items before the seller has control or possession of the item;
(e) are by payment processors to collect payments on behalf of merchants;
(f), are associated with the sale of traveler's checks or money orders;
(h) involve currency exchanges or check cashing businesses or;
(i) provide certain credit repair or debt settlement services.
4. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
This Policy describes the ways we collect; request; store; use and; protect your personal information. You accepted this policy when you signed up for our services. We may amend this policy at any time by posting a revised version on our website. The revised version will take effect at the time of posting.
HOW WE COLLECT INFORMATION ABOUT YOU
When you visit the CashEnvoy website, we collect your IP address and standard web log information. Such as your browser type and the pages you accessed on our website.
If you open an account, we may collect the following types of information from you:
Contact information: your name, address, phone, email, and any other similar information
Before permitting you to use our service, we may require you to provide additional information we can use to verify your identity or address or manage risk, such as your date of birth, or other information. We may also obtain information about you from third parties such as credit bureaus and identify verification services.
When you are using our service, we collect information about your account transactions and we may collect information about your computer or other access device for fraud prevention purposes only.
Finally, we may collect or request for additional information about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.
HOW WE PROTECT AND STORE PERSONAL INFORMATION
Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.
We store and process your personal information on our server and we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable laws in Nigeria. We use computer safeguards such as firewalls and data encryption, we also enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
HOW WE USE PERSONAL INFORMATION
Our primary purpose in collecting or requesting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may use your personal information to:
Provide the services and customer support you request;
HOW WE SHARE PERSONAL INFORMATION WITH OTHER CashEnvoy USERS
To process your payments, we need to share some of your personal information with the person or company that you are paying or is paying you. Your contact information, date of sign-up, the number of payments you have received from verified CashEnvoy users, and whether you have verified control of a bank account are provided to other CashEnvoy users who you transact with through CashEnvoy.
If you are buying goods or services and pay through CashEnvoy, the seller is not allowed to use this information to market their services to you unless you have agreed to it.
We will not disclose your credit/debit card number, or bank account number to anyone you have paid or who has paid you through CashEnvoy, except with your express permission or if we are required to do so to comply with any subpoena or other legal process.
HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES
We may share your personal information with:
Service providers under contract who help with parts of our business operations; (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
HOW YOU CAN RESTRICT CashEnvoy FROM SHARING YOUR PERSONAL INFORMATION
Federal and State laws allow you to restrict the sharing of your personal information in certain instances. However, these laws also state that you cannot restrict other types of sharing. Because we have chosen to refrain from certain types of data sharing, the only type of sharing of your personal information that you may restrict is as follows:
If you do not want CashEnvoy to share your personal information with any third party for marketing purposes, you may send an email to that effect to email@example.com
You can also control how we use your contact information to market our services to you in the notifications preferences.
HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION
You can review and edit your personal information at any time by logging into your account and clicking the Settings tab.