TERMS OF USE

Recently updated February 2017

 

These Terms of Use (these "Terms") govern your relationship with CashDash UK Limited. and its subsidiaries and affiliates (collectively "CashDash" or "we") and set forth the terms and conditions under which CashDash makes available its mobile device application (the "App"), and/or the services available through the App, or otherwise provided by CashDash (collectively, the "Services"), to each person (the "User" or "you") accessing or using the App and/or the Services.

By using and/or downloading the App and Services, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should remove the App from your device and discontinue use of the Services.  As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these Terms.

1.    Our Services

1.1.      CashDash's Services allow you to purchase foreign currency (the "Currency"), and withdraw the Currency following your arrival to your Destination (as defined below), by making a card-less withdrawal from a local automated teller machine or other withdrawal point (the "ATM") at your Destination. Through the App, you may also purchase Currency and transfer it to a transferee of your choice, who will be able to withdraw the Currency or deposit the Currency in their bank account. 

1.2.      Through the App you will also be able to locate ATMs near you, from which you may withdraw Currency. Please note that we collect your device location information in order to provide you with the ATMs locator service, in conjunction with Google Maps. 

1.3.      CashDash reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or terminate the App or any part thereof, at its sole discretion. You will have no claim, complaint or demand against CashDash for applying such changes or for failures incidental to such changes. In case the Services are permanently discontinued, User will have the option to withdraw any remaining Currency available on User's Account (as defined below), within 90 days of receiving the notification regarding discontinuance of the Services.  

1.4.      Please note that third party advertisements may appear on the App from time to time. CashDash does not endorse these advertisements, nor do such advertisements represent any recommendation provided by CashDash.

2.    Registration, Purchase of currency and withdrawals

2.1.    In order to purchase Currency though the App, you must first register to create an account, by providing your full name, phone number, email address, and by choosing a password. This is information you provide CashDash voluntarily. While you are not obligated to provide such information to CashDash, without providing the information to CashDash and creating an account, CashDash will not be able to provide you with the Services. In order to complete the registration process we will conduct phone No. and  Email verification.

2.2.    Once you registered to the App, you will be able to purchase Currency, which will be deposited in your CashDash digital wallet account (the "Account"). Following the purchase of Currency, you will be able to either withdraw some of all of the Currency at an ATM at your destination country (the "Destination"), or transfer some or all of the Currency to a transferee at the Destination. 

2.3.    Currently, only Users from the following countries may access and use the App and the Services: United States, France, Germany, United Kingdom.

2.4.    The currency exchange rate according to which you will be able to purchase Currency on the App is as specified by CashDash on the App at the time of purchase. CashDash does not guarantee that the currency exchange rate on the App is the best available rate at any given time. It is your responsibility to compare relevant currency exchange rates and make an informed decision on whether you wish to purchase Currency through the App or through other service providers. You acknowledge and agree that you will have no claims towards CashDash in connection with the currency exchange rate on the App and that CashDash does not guarantee in any way that such rate is the best available rate for purchase of Currency.     

2.5.    When making a withdrawal of Currency at an ATM, you will need to provide verification information, such as a entering a specific pin code provided to you on the App, and/or your phone No. and other identifying information. Withdrawals of Currency may be subject to a minimum withdrawal amount.   

2.6.    You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another User at any time, or to disclose your password to any third party. You will not use false identity, impersonate any other person or use a name that you are not authorized to use. You acknowledge and agree that you are solely responsible for any use of your Account and all activities occurring in connection with the use of such Account. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.

2.7.    According to applicable laws concerning prohibition on money laundering, purchasing Currency equal or higher to a certain amount necessitates a validation process to be conducted by financial institutions and service provides ("Validation Cap"). As of the date of these Terms the Validation Cap is GBP 750 for a term of 12 calendar months. The Validation Cap may change from time to time, in accordance with applicable laws and regulations. In the event a User purchases Currency in any amount equal or exceeding the Validation Cap, User will need to comply with a validation process in order to complete the transaction. Such process currently includes taking a picture of a valid and updated identification card, such as your passport, driver's license or/and utility bill, and sending the picture through the App. The picture of your identification card will then be transferred by CashDash to the relevant financial institution or service provider for validation. Under applicable law, CashDash is prohibited from providing the Services in connection with Currency equal or exceeding the Validation Cap without the validation process described above, as may be changed from time to time in accordance with regulatory requirements. While you are not obligated to provide us with this information, we will not be able to provide you with the Services in any amount equal or exceeding the Validation Cap without satisfactory completion of the validation process and receiving approval from the relevant service provider.       

2.8.    By registering for the App and Services you warrant and represent that any information provided by you at the time of registration, is complete, truthful and accurate in all respects, and you agree to ensure that such information is kept up to date. You hereby agree and undertake to indemnify and defend CashDash against all claims, losses, damages or other liabilities arising from or relating to activities or actions that occur under your Account.

2.9.    CashDash may suspend or terminate your Account immediately and without prior notice if you do not comply with the Terms or if we believe your use of the App or Services does not comply with any applicable laws.

3.    Transfers and exchange-back of purchased currency

3.1.    In order to transfer Currency from your Account to a third party (the "Transferee"), you will need to provide us with the Transferee's phone No., and select the amount of Currency (out of available funds in your Account), for transfer to the Transferee. In the event the Transferee does not have an Account with CashDash, we will send the Transferee a notification regarding your transfer of funds via the communication methods provided by you. In order to withdraw or deposit the funds in the Transferee's bank account, the Transferee will be required to register for an Account, in the manner provided above and on the App.    

3.2.    You may convert Currency available on your Account (for example, Currency remaining on your Account after your trip), back to your original currency and deposit such funds in your bank account. The relevant exchange rate regarding conversion of Currency from your Account back to you original currency shall be as specified on the App at the time of conversion back to your original currency. Please note that such exchange rate may differ from the exchange rate according to which you originally purchased the Currency on the App, and you acknowledge and agree that you will have no claims towards CashDash in connection with such differences.

3.3.    Once you completed a transaction for purchase of Currency through the App, there is no possibility of cancelling such transaction. You may, however, exchange the Currency purchased back to your original currency in accordance with these Terms.    

4.    Games

4.1.    From time to Time, CashDash may, at its sole discretion, offer Users to participate in a game initiated by CashDash (the "Game"). During the course of a Game, CashDash may present Users with a withdrawal challenge (the "Challenge"), by providing the Users with a list of ATMs and a time frame for executing withdrawals. The game rules and criteria for completing a Challenge, and/or winning a Game will be determined in CashDash's sole discretion, and published on the App. 

4.2.    Winning a Challenge or a Game may be subject to various conditions, as determined by CashDash, for example, a person completing a certain number of withdrawals from a list of ATM's in a certain timeframe and subject to a minimal withdrawal amount as specified in the Challenge rules set by CashDash. In addition, in order for a User to be entitled to be considered as a winner of a Challenge or a Game, CashDash may set additional terms, for example that the User share his participation in the Challenge on the User's social networks pages. If and only if User has fulfilled all the terms and conditions applicable to a Challenge or a Game, user shall be entitled to a prize, as determined in CashDash's sole discretion and published on the App. The prize shall constitute funds in an amount set by CashDash, to be delivered to User's Account. in the currency of the respective country where the Game is conducted.   

4.3.    For the avoidance of doubt, all withdrawals made by Users in connection with a Challenge will be made from Currency previously purchased by the User and as available on User's Account, at User's sole expense, and User understands and agrees that CashDash will not reimburse any such Currency, regardless of whether the User has won the Challenge or not.

4.4.    User's participation in a Game or a Challenge is made at User's sole risk and expense, and CashDash shall not be liable for any damages or expenses caused to a User in connection with User's participation in Games and Challenges. All warranty disclaimers and limitations on liability and remedies included in these Terms shall apply to the greatest possible extent in connection with Games and Challenges, and User's participation in Games and Challenges.  

5.    Ownership of IP

5.1.      Certain content and information provided on and through the App and/or Services, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, software, data and other material displayed, available or present on the App and/or Services (the "Content"), are the copyrighted and/or trademarked work of CashDash and/or its affiliates and/or licensors.

5.2.      CashDash retains all rights, including any intellectual property rights, in the Content. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.

6.    Restricted Uses

In connection with your use of the App and/or Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:

6.1.      Modify the App and/or Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to disrupt the App and/or Services, servers or networks connected to the App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the App or the Services;

6.2.      Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the App and/or Services;

6.3.      Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the App, Services, technology or any software thereto;

6.4.      Create a database by systematically downloading and storing all or any content from the App or the Services;

6.5.      Use the App and/or Services for any illegal, immoral or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

6.6.      Use the App and/or Services in a manner which infringes another person's rights in any way, including privacy rights, any manner which is harassing, or otherwise offensive.

6.7.      Use the App and/or Services in a way that infringes or violates these Terms.

7.    Warranty Disclaimers

7.1.      Despite our efforts, the information contained in the App, may not be accurate, comprehensive, complete, updated or applicable in all respects at all times. CashDash shall not be liable for any inaccuracies or omissions in the App and/or Services and any decisions you make based on information contained in this App are your sole responsibility, and made at your sole risk.

7.2.      In addition, there may be malfunctions in withdrawals of Currency from ATMs which are outside of CashDash's control, for example in connection with ATM failures and errors. CashDach shall not be responsible or liable for any damages caused in connection with the above, and shall not be obligated to reimburse User in connection thereto. Without derogating from the above, in the event due to ATM malfunction we receive an automated notification of withdrawal of Currency from a User's Account, while no funds were actually withdrawn from the ATM, and subsequently the respective Currency was decreased from User's Account, we will strive to assist User and update the User's Account to reflect that the Currency was not withdrawn.       

7.3.      User acknowledges and understands that some of the Services require internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. User shall have no claim or demand towards CashDash with regard to the aforesaid.

7.4.      USER ACKNOWLEDGES AND AGREES THAT THE APP AND THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," ARE USED ONLY AT USER'S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

7.5.      CashDash disclaims all warranties, express or implied, of any kind, regarding the App or the Services (including any content, information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to user to the fullest extent permitted by applicable law.

8.    Limitations On Liability And Remedies

8.1.      The User assumes full, exclusive and sole responsibility for the use of and reliance on the Services, and acknowledge that any use of or reliance on the Services is made entirely at the User's own risk.

8.2.      CASHDASH'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CASHDASH IS TO DISCONTINUE YOUR USE OF THE SERVICES. CASHDASH AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE APP AND/OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CASHDASH HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CASHDASH'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, CASHDASH WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES.

9.     Privacy Policy

9.1.    CashDash is committed to your right to privacy.  Your use of the App and Services is governed by the privacy policy as detailed in this section of the Terms (the "Privacy Policy").

9.2.    If you choose to use, register or submit information to the App and Services, You agree to the use of such data in accordance with this Privacy Policy. You may not use the App or the Services or submit any information to CashDash if you do not agree to any of the terms hereunder.

9.3.    Please note, that the Services may contain links to other sites maintained by third parties, which may not be governed by this Privacy Policy. CashDash is not responsible for the policies or practices of third parties. You should review the applicable privacy policies of any third parties before providing them with any Personally Identifiable Information (as defined below).

9.4.    The term "Personally Identifiable Information" when used in these Terms refers to personally identifiable information about you, such as your name, date of birth, phone number, mailing and email address, ID numbers, Passport No., passwords, billing information, including credit card details, and any other personal information submitted by you through the App or Services.

9.5.      Information Collection

9.5.1.            We log visitor's IP address and mobile device unique identifiers automatically; this information identifies only the device that is being used to access the Services. We also collect information about your use of the Services and the App, such as the frequency and scope of your use of the Services, information regarding purchase of Currency, locations and times of withdrawals, etc.

9.5.2.            Other than in respect of Personally Identified Information, if you provide information to us, you agree that we have unlimited rights to such information and that we may use such information in any way we choose. Such information shall be deemed to be non-confidential.

9.5.3.            We collect only Personally Identified Information that is specifically and voluntarily provided by you, for example, when you register for an Account, or when you provide us with information in connection with use of the Services.

9.5.4.            When you purchase Currency through the App, the charge to your credit or debit card is made though a third party. The credit or debit card information provided by you is not collected or retained by us, but rather directly transferred to the third party providing the billing services. 

9.6.      Information Use

9.6.1.            Non-personal information is used mainly for analysis of the Services in order to constantly improve and maintain the Services and the App, including among others, for ensuring the technical functioning of our network, to help prevent fraudulent use of our services and for developing new services.

9.6.2.            We may also analyze traffic patterns, users' demographics and behavior, for general business analytics and in order to provide you with a more personalized experience.

9.6.3.            Personally Identified Information is used only for limited purposes such as to provide you with the Services, store User preferences, contact you in response to requests, inquiries, or purchases, or to optimize the content we display and personalize your experience on the App.

9.6.4.            We may also use Personally Identified Information to communicate with Users regarding customer service issues, billing information, or information about Currency they purchased in accordance with our Terms. These communications are not promotional in nature. When you send communications to us, we may retain those communications in order to process your inquiries, respond to your requests and/or improve our Services.

9.7.      Sharing of Information with Third Parties

9.7.1.            We may share non-personal, aggregate information regarding the Services usage with our affiliates, partners and advertisers. From time to time, we may release non- personal information in the aggregate, e.g., by publishing a report on trends in our Services usage. Moreover, we may share Users' information with our partners and service providers to facilitate the delivery of the App and as necessary to allow you to enjoy the Services.

9.7.2.            Personally identified information may be shared under limited circumstances, such as:

9.7.2.1.              With trusted third parties who assist us in operating the App and the Services, conducting our business, expanding our business or servicing you, and for personalizing your experience of the App, including by way of target advertising.

9.7.2.2.              To comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of our databases or the App, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganization, dissolution or similar event.

9.8.      Access to Information

9.8.1.            We take appropriate security measures to protect Users' information against unauthorized access to or unauthorized alteration, disclosure or destruction of data. Please note that these security measures cannot fully eliminate security risks associated with disclosure of information.

9.8.2.            Moreover, we reserves the right to use or disclose personal information to law enforcement, regulatory or other government agencies, or third parties if we reasonably believe that use or disclosure is necessary to protect CashDash' rights and/or to comply with a judicial proceeding, court order, or a legal process.

9.8.3.            We would like to send you from time to time information related to the App and the Services, such as updates and offers we believe you may find interesting. By providing your contact information you hereby provide your consent to receive such communications. You may choose at any time to opt-out and to not receive these communications, without a need to also deactivate your Account or cease use of the App.

9.9.      Transfer of Data Abroad

9.9.1.            We may, from time to time, transfer your Personally Identified Information to one of our databases in another country, currently Ireland. If the level of privacy protection in a country does not comply with recognized international standards, we will ensure that data transferred to our databases in that country are adequately protected and that the transfer of data to third parties in such countries is made pursuant to a contract or other measures providing adequate protection.

9.9.2.            Of course, the Internet is made up of a large number of international connections. If you are visiting the App or Services from a country other than the country in which our server is located, the various communications will necessarily result in the transfer of information across international boundaries. By downloading the App and/or using the Services and communicating electronically with us, you consent to these transfers.

9.10.   Special Note for Parents and Children Under Age 13

The App is a general audience site. The App and the Services are not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us. We do not knowingly collect or solicit personal information from people under 18. If we become aware that a person under 18 has provided us with personally identified information, we will delete such information from our files.

10. MISCELLANEOUS

10.1.   Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

10.2.   Assignment. CashDash may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.

10.3.   Choice of Law. The App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.

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CashDash UK Limited is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 for the issuing of electronic money with FCA registration number 900769.