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These Terms are divided into the following sections, which are deemed incorporated in their entirety by and in any reference to these Terms:

  • Section 1 – This Introduction
  • Section 2 – Cryptocurrency Terms
  • Section 3 – Banking Services
  • Section 4 – Risk Warning
  • Section 5 – Registration Process

1. Introduction

Cashaa is the trading name of and it’s crypto wallet and exchange services are provided by CRYPTO INNOVATIONS UAB, a Lithuania licensed company (No. 305997087) whose registered office is at Švitrigailos g. 11K-109, LT-03228 Vilnius, Lithuania. CRYPTO INNOVATIONS UAB is part of the group of companies operating under the brand name “Cashaa”.

Note*: If you would like to find out more about which Cashaa entity you receive services from, or if you have any other questions, please reach out to us by raising a helpdesk ticket in your account.

2. Cryptocurrency Terms

2.1. These terms and conditions relating to Cashaa’s cryptocurrency offering (“Cryptocurrency Terms”) are between you (the “User”, “you” or “your”) and CRYPTO INNOVATIONS UAB (“Cashaa”, “we”, “us” or “our”), a Lithuania licensed company (No. 305997087) whose registered office is at Švitrigailos g. 11K-109, LT-03228 Vilnius, Lithuania.

2.2. These terms should be read in accordance with our General Terms of Service. Any capitalised terms used in these Cryptocurrency Terms but which are not defined in these Cryptocurrency Terms are defined in our General Terms of Service.

2.3. These Terms set out the basis on which Cashaa will provide you with the option of gaining exposure to certain cryptocurrencies (the “Cryptocurrency Services”). Before you can obtain such exposure you are required to read these Cryptocurrency Terms and the various associated risk warnings contained herein. By proceeding to use the Cashaa Services, you accept and acknowledge the associated risks in dealing with cryptocurrencies and your agreement with these Cryptocurrency Terms.

2.4. It is important to note that the Cryptocurrency Services we provide in relation to these Cryptocurrency Terms, as with the majority of cryptocurrency services in Lithuania, are presently unregulated in Lithuania. Cryptocurrencies are not regulated by the FSA (Lithuania Financial Supervisory Authority), on this basis they do not fall within the scope of Lithuania’s adopted measures for implementing the Payments Services Directive, the second Electronic Money Directive or the third Money Laundering Directive.

2.5. If you do not accept these Cryptocurrency Terms you are not permitted to use our Cryptocurrency Services. In the event of any conflict or inconsistency between:

  • our General Terms of Service; and
  • these Cryptocurrency Terms,

these Cryptocurrency Terms will prevail and take precedence.

3. Banking Services

3.1. Cashaa is not a regulated financial institution all our services are provided through other regulated financial institutions.

3.2. CAS/GBP/EUR can be used to pay onboarding fee. All high-risk businesses have to pay an onboarding fee to apply for our services, which is non-refundable if the business fails to provide the necessary documentation to get onboarded or rejected by our banking partner. The right to decide the account opening is reserved by its Banking partners.

3.3. Monthly Account Fee will be charged based on the plan subscribed and the date of billing will be decided based on the Account opening date.

3.4. No onboarding fee is required for the accounts for personal use.

3.5. Users based anywhere in the world, other than the USA and sanctioned countries, are eligible to apply for accounts through Cashaa.

3.6. Mastercard will be issued only to businesses and users who are based in the UK or European Union.

4. Risk Warning

Please read the following risk warnings carefully.

4.1. The trading and exchange of real or virtual currencies involve significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency – virtual or not – may be subject to large movements in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or exchanging any cryptocurrency.

4.2. Cryptocurrency exchanges also carry special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, cryptocurrency is a unique type of currency, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of cryptocurrency in a crisis, or issue more currency.

4.3. The price or value of cryptocurrency can rapidly increase or decrease at any time and may even fall to zero. The risk of loss in trading or holding cryptocurrencies can be substantial and can result in the loss of your entire exposure.

4.4. There may be additional risks that we have not foreseen or identified in these Cryptocurrency Terms or our other risk warnings.

4.5. You should carefully assess whether your financial situation and tolerance for risk is suitable for any form of exposure to cryptocurrencies.

4.6. The information on the Website is provided for information purposes only and is not intended to be and does not constitute financial advice or any other advice. It is general in nature and not specific to you and it has not and is not an offer to buy or sell or a solicitation of an offer to buy or sell any security, product, service or investment, nor is it a recommendation, endorsement, or sponsorship of any security, company, or fund. Cashaa is not responsible for any investment decisions made by you. You are responsible for conducting your own research and before using Cashaa’s information to make any decision, you should undertake your own due diligence and seek independent advice from an appropriately qualified third party. The information provided on the Website or in any communication containing a link to the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Cashaa or its affiliates to any registration requirement within such jurisdiction or country.

5. Registration Process

5.1. By opening a Cryptocurrency account within your Cashaa Account and using the Cryptocurrency Services, you expressly represent and warrant that:

  • you have accepted these Cryptocurrency Terms and our Privacy Policy.
  • you have the full capacity to accept these Cryptocurrency Terms and enter into a transaction involving cryptocurrencies;
  • you will not use the Cryptocurrency Services except for their intended purpose and not contrary to the general prohibitions regarding your Cashaa Account according to our General Terms of Use, and
  • you are familiar with the nature and workings of the technology behind cryptocurrency, and in particular, the irreversibility of transactions and the apparent risks associated with exposure to cryptocurrencies.

5.2. In order to withdraw cryptocurrency, you need to provide your KYC details. KYC is mandatory for any kind of internal/external transfer of your cryptocurrency.

 
 

These Terms are divided into the following sections, which are deemed incorporated in their entirety by and in any reference to these Terms:

  • Section 1 – Introduction
  • Section 2 – Definitions
  • Section 3 – Cashaa Wallet Services
  • Section 4 – Specific Features of the Cashaa Exchange Service
  • Section 5 – Initiation and Execution of Exchange Transactions
  • Section 6 – Obligations and Warranties
  • Section 7 – Risk Disclosure
  • Section 8 – Limitation of Liability
  • Section 9 – Default. Indemnification
  • Section 10 – Termination
  • Section 11 – Notices
  • Section 12 – Governing Law and Jurisdiction
  • Section 13 – Miscellaneous

1. Introduction

These Cashaa Wallet Services General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Cashaa group of companies (“Cashaa” or “we”), while you and Cashaa are hereinafter separately referred to as “Party” and jointly – as “Parties”, in regard to your use of the services provided by Cashaa, and constitute a legally binding agreement (“Agreement”) between the Parties.

Cashaa’s crypto wallet and exchange services are provided by CRYPTO INNOVATIONS UAB, a Lithuania licensed company (No. 305997087) whose registered office is at Švitrigailos g. 11K-109, LT-03228 Vilnius, Lithuania. CRYPTO INNOVATIONS UAB is part of the group of companies operating under the brand name “Cashaa”.

You shall take your time and carefully read these General Terms before using the services provided by Cashaa, so you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these General Terms and enter into contractual relations with Cashaa.

2. Definitions

2.1. Applicable Law means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section XIX of these General Terms and/or any provision of the general terms and conditions of the relevant Cashaa Wallet Service.

2.2. Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or a public holiday).

2.3. Savings Wallet means a digital wallet in the Client’s Cashaa Account comprising all the Digital Assets of this Client.

2.4. Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets, including CAS Tokens), accepted and supported by Cashaa, and subject to revision, prohibitions and limitations at any time.

2.5. EURT/GBPT/USDT means a EUR/GBP/USD stablecoin, asset-backed by Cashaa, with a guaranteed 1-to-1 conversion to EUR/GBP/USD at all times.

2.6. Fork means a software change to the underlying protocols of the Digital Assets’ networks.

2.7. Intellectual Property means any intellectual and industrial property rights, belonging to Cashaa, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.

2.8. Interest means the indicated interest rate accrued in accordance with the general terms and conditions of the relevant Cashaa Wallet Service and subject to revision at any time, as well as the amount of the interest resulting from the accrual at any time.

2.9. Cashaa Account means a personal or business account, opened with Cashaa, through which you can use the Cashaa Wallet Services.

2.10. Cashaa Earn Interest Product means a product offered by Cashaa, allowing you to earn Interest on your Digital Assets in accordance with the relevant general terms and conditions.

2.11. Cashaa Exchange Service means the execution by Cashaa of exchange transactions and the topping up of the proceeds thereof, respectively the Digital Assets, into the Savings Wallets of the Clients’ Cashaa Accounts, as the case may be, in accordance with the relevant general terms and conditions, as well as the related Cashaa Wallet Services offered by Cashaa through the Cashaa Platform.

2.12. Cashaa Loyalty Program means a program offered by Cashaa, providing the Clients with preferential terms depending on the ratio of CAS Tokens in their Cashaa Accounts to the Portfolio Balance, as indicated on the Cashaa Platform.

2.13. Cashaa Platform means any Cashaa website, mobile application and any other official Cashaa communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.

2.14. CAS Token means a native utility Digital Asset of Cashaa, allowing you to use a wide variety of additional features of the Cashaa Wallet Services and/or be granted preferential Interest or other terms by Cashaa.

2.15. Cashaa Wallet Services means all services provided by Cashaa through the Cashaa Platform.

2.16. Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the Cashaa Wallet Services, and compliance with regulatory requirements.

2.17. Portfolio Balance means the total amount of all the Digital Assets in the Client’s Cashaa Account.

2.18. Savings Wallet means a digital wallet in the Client’s Cashaa Account comprising all the Digital Assets of the Client.

2.19. Transaction History means the history of your transactions and all the details about the Digital Assets in your Cashaa Account.

3. Cashaa Wallet Services

3.1. The Cashaa Wallet Services comprise of:

  • Digital Asset wallet wherein all the Digital Assets approved and supported by Cashaa can be stored by you (“Digital Asset Wallet”).
  • Cashaa Exchange Service.
  • Transfer of Digital Assets from one Cashaa Account to another, or to an external recipient (“Cashaa Transfer Service”).
  • Cashaa Earn Interest Product
  • Any incentive program offered by Cashaa that may be launched via the Cashaa Platform or accessed through your Cashaa Account, such as the Cashaa Loyalty Program.
  • Any other product or service that may be launched via the Cashaa Platform or accessed through your Cashaa Account.

3.2. All or part of the Cashaa Wallet Services, some features thereof, or some Digital Assets, may not be available to certain Clients or Digital Assets, to the extent applicable, at any time, as indicated in the Cashaa Account and on the Cashaa Platform.

3.3. The access to your Cashaa Account will allow you to: (i) request a Cashaa Wallet Service; (ii) view your balance and Transaction History; (iii) top up, withdraw and transfer Digital Assets, for which such options are available on the Cashaa Platform and in the Cashaa Account, and subject to revision from time to time at our sole and absolute discretion; (iv) perform other actions in relation to the above.

4. Onboarding

4.1. By opening your Cashaa Account and/or using the Cashaa Wallet Services, unless stipulated otherwise in the relevant general terms and conditions of the latter, you аcknowledge and confirm that:

  • You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury, etc.
  • You are not identified as a “Specially Designated National” and are not placed in the US Commerce Department’s Denied Persons List.
  • You are at least 18 years old or of legal age to enter into contractual relations with Cashaa (whichever is later).
  • You are the exclusive beneficial and/or legal owner of any Digital Assets topped up or to be topped up into your Cashaa Account, or the fiat currency used or to be used for the purchase of such Digital Assets, as the case may be, to which these General Terms apply.
  • You are the beneficial owner of your Cashaa Account and do not act on behalf of or represent any other natural person or legal entity.
  • You comply with all Applicable Law requirements, relevant to you and to your use of the Cashaa Wallet Services, such as tax, exchange control and registration ones.
  • You have read, understood and agreed to our Privacy Policy and Cookies Policy.

4.2. You are not entitled to: (i) open more than one Cashaa Account; (ii) open a new Cashaa Account if we have previously suspended, limited or terminated your Cashaa Account.

4.3. When you ask Cashaa to open your Cashaa Account, you shall provide Cashaa with all the information and/or documents, as may be requested by Cashaa or any third party acting on its behalf, so Cashaa can verify your identity and validate your funding sources and transactions. Cashaa or any third party acting on its behalf may additionally verify the information and/or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize Cashaa to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.

4.4. We can refuse to open your Cashaa Account and grant you access to the Cashaa Wallet Services or any of them.

4.5. You hereby represent and warrant that all the information you provide Cashaa with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify Cashaa and send Cashaa accurate information without any delay.

4.6. If at any point Cashaa needs to verify that the information it has about you is complete, accurate and up-to-date, Cashaa will contact you and request that you either provide more information or that you go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide Cashaa with up-to-date information, Cashaa will not be able to provide you with the Cashaa Wallet Services and will not be responsible for any losses you incur as a result thereof.

4.7. You hereby undertake to оbtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the Cashaa Wallet Services in accordance with these General Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username, password and shall be solely responsible for any access to and use of the Cashaa Wallet Services through your device, regardless of whether such access may have been made without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify Cashaa of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.

5. Topping-up of Digital Assets

5.1. You can top up Digital Assets into your Cashaa Account at any time by effecting a Digital Assets transfer from your personal wallet to your Digital Asset Wallet, while specific requirements for a minimum amount of each Digital Asset may apply from time to time, as indicated оn the Cashaa Platform. You can subsequently use the Digital Assets in your Cashaa Account for earning Interest thereon in accordance with the Cashaa Earn Interest Product as well as for any other Cashaa Wallet Service in accordance with these General Terms and the specific terms and conditions of the relevant Cashaa Wallet Service, if any.

5.2. You are responsible for making sure that: (i) you have the correct address for your Digital Asset Wallet when you transfer Digital Assets from your personal wallet; (ii) the Digital Assets you top up into your Digital Asset Wallet are currently approved and supported by Cashaa and not subject to prohibitions or limitations regarding such topping-up, as indicated in the Cashaa Account and on the Cashaa Platform. If you transfer Digital Assets to an incorrect address, or if the Digital Assets transferred are not approved and supported by Cashaa, or are subject to prohibitions or limitations regarding such topping-up, as indicated in the Cashaa Account and on the Cashaa Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.

5.3. A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.

5.4. We reserve the right to reject any transfer to your Digital Asset Wallet, in which case we will transfer back the same amount of the relevant Digital Asset to the wallet from which it has been sent.

5.5. Once your Order has been executed, the Counter Assets have been topped up into your Cashaa Account, respectively your Cashaa Account balance has been updated, you will receive confirmation of the Exchange Transaction via e-mail.

5.6. If you do not have the Digital Assets needed for your purpose, or are subject to prohibitions or limitations to top up such, as indicated in the Cashaa Account and on the Cashaa Platform, you can initiate the purchase of Digital Assets by transferring their price (i) to a designated Cashaa bank account via bank transfer; and instruct Cashaa to proceed with the relevant purchase transaction, and/or initiate an Exchange Transaction under the Cashaa Exchange Service General Terms and Conditions, as the case may be, depending on the type of Digital Assets subject to topping-up. All fees and charges for the transactions under the preceding sentence, including such for bank transfers, if any, shall be at your expense, unless otherwise indicated on the Cashaa Platform at a given time. Each bank transfer, as well as any relationship arising out thereof, is governed by the terms and conditions of the relevant third-party service provider. Once purchased, respectively exchanged, the relevant Digital Assets are topped up into the Digital Asset Wallet in your Cashaa Account and can be used for the purposes under Art. V.1. The transactions are irreversible and final once you have provided the relevant instructions and/or payments to Cashaa, and you may not change, withdraw or cancel the authorization to Cashaa to complete any pending or partially completed transactions. Cashaa shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURT/GBPT/USDT which is 1-to-1 pegged to EUR/GBP/USD at all times. However, Cashaa always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.

6. Withdrawal

6.1. Subject to the specific terms of the Cashaa Earn Interest Product General Terms and Conditions, if any, you may request for: (i) withdrawal of all or part of the Digital Assets to your personal wallet, together with the Interest accrued thereon, the latter as applicable to the Cashaa Earn Interest Product only, as well as those to which certain prohibitions or limitations apply, as indicated in the Cashaa Account and on the Cashaa Platform; (ii) withdrawal of the fiat equiv000alence of certain Digital Assets together with the Interest accrued thereon, as applicable to the Cashaa Earn Interest Product, by instructing Cashaa to sell the relevant Digital Assets and Interest, as the case may be and if applicable, and transfer the fiat proceeds of the sale transaction to a bank account designated by you.

6.2. All fees and charges for the bank transfer under Art. VI.1., if any, shall be at your expense. The sale transactions are irreversible and final once you have provided the relevant instructions to Cashaa, and you cannot change, withdraw or cancel the authorization to Cashaa to complete any pending or partially completed transactions. Cashaa shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate, except for the cases of EURT/GBPT/USDT which is 1-to-1 pegged to EUR/GBP/USD at all times. However, Cashaa always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.

6.3. The withdrawals within the limits specified on the Cashaa Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Cashaa no later than 24 (twenty-four) hours as of receipt of your request. In case of withdrawals exceeding the above limits, in order to guarantee the safety of the Digital Assets and Interest, if applicable, in your Cashaa Account, as well as of delays due to technical reasons, the processing may take a longer period of time.

6.4. If we find suspicious activity we can ask for the Source of Fund and 24 hour withdrawal will be of maximum 5 BTC.

7. Digital Assets Transfers

7.1. You may transfer any Digital Asset other than the one regarding which prohibitions or limitations of Digital Asset Transfers apply, as indicated in the Cashaa Account and on the Cashaa Platform, from your Digital Asset Wallet to a specified wallet of a third party.

7.2. We will process all Digital Asset Transfers according to your instructions and do not guarantee the identity of any recipient. You shall verify all transaction information prior to submitting instructions for a Digital Asset Transfer to Cashaa. The Digital Asset Transfer cannot be cancelled or reversed once processed by Cashaa. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to Cashaa and that any errors may result in the irreversible loss of your Digital Asset.

7.3. You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing Cashaa to effect any Digital Asset Transfer. In case of insufficiency of the relevant Digital Assets in your Digital Asset Wallet, the Digital Asset Transfer will be rejected by Cashaa. By instructing Cashaa to effect the Digital Asset Transfer, you authorize Cashaa to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset Transfer.

7.4. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party, using Digital Assets transferred from your Digital Asset Wallet, or if you have a dispute with such a third party, you shall resolve the dispute directly with that third party.

8. Risk Disclosure

8.1. Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Cashaa. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.

8.2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.

8.3 The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Cashaa Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.

8.4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.

8.5. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.

8.6. Keep in mind that we do not provide investment advice and the information coming from Cashaa shall not be used as a basis for making decisions about investing in a particular Digital Asset.

8.7. You are responsible for determining whether the use of any of the cashaa wallet services is legal in your jurisdiction and you shall not use these cashaa wallet services should such use be illegal in your jurisdiction. If you are uncertain, please seek independent legal advice.

8.8. You understand and agree that you use the Cashaa Account and the Cashaa Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Cashaa Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

9. Forks

9.1. It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset’s network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support.

9.2. Such networks and Digital Assets are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.

10. Obligations and warranties

10.1. You hereby declare, warrant and confirm that:

  • You meet the conditions under Section IV.
  • You validly undertake any action or enter into any transaction with regard to the Agreement.
  • The Digital Assets, which you have topped up or will top up in your Cashaa Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Cashaa Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction.
  • You have submitted to Cashaa only complete, correct and up-to-date information and documents.
  • You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Cashaa shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Cashaa Wallet Services, for which Cashaa shall not be held liable. You shall hold Cashaa harmless from any expenses and losses, resulting from the above uncertainty.
  • You are aware that you use the Cashaa Account, the Cashaa Platform and the Cashaa Wallet Services fully at your own risk.

10.2. You hereby undertake to:

  • Use the Cashaa Account, the Cashaa Platform and the Cashaa Wallet Services in good faith.
  • Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction.
  • Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities.
  • Not use the Cashaa Account, the Cashaa Platform and the Cashaa Wallet Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing materials, junk mail or chain letters.
  • Not provide false, inaccurate, incomplete, out-of-date or misleading information.
  • Not interfere, intercept, or expropriate our network, system, data, or information.
  • Not transmit or upload any virus or other malicious software or program or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Cashaa Wallet Services.
  • Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners.
  • Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Cashaa Wallet Services.
  • Not use the Cashaa Platform in a way that could damage, disable, impair or compromise the Cashaa Platform or the provision of the Cashaa Wallet Services, or interfere with other users, or affect the reputation of Cashaa. You undertake not to gain or attempt to gain unauthorized access to the Cashaa Account or the Digital Asset Wallets of other users.
  • Not take any action that imposes an unreasonable or disproportionately large burden or load on the Cashaa infrastructure (including our servers, networks, data centers, and related equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Cashaa Wallet Services.
  • Keep the data required for using the Cashaa Account unavailable for third parties.
  • Inform Cashaa about any change in the information and documents submitted to Cashaa, in particular in your contact details, within 1 (one) day as of the change.

11. Legal and KYC requirements

11.1. As we are ready to release our Cashaa wallet with the best yield algorithm, our legal and compliance team has looked at the best way to give the most services to as many users as possible. We also wanted to keep our companies in Europe to give our users the advantage of strong Privacy and GDPR laws.

Cashaa provides all crypto-related services under the legal entity CRYPTO INNOVATIONS UAB, an EU company based in Lithuania.

11.2. To find a balance between Defi and Cefi, these will be the following KYC slabs.

  • Basic KYC for Crypto services with only email verification
    • Crypto deposit and withdrawal
    • Crypto and Stable coin earning
    • Crypto Exchange
    • Limit of 5 BTC/24 hours for Crypto withdrawal
  • Advanced KYC for Crypto and Fiat services.
      • Users can complete the ID and address verification to access both crypto and fiat services. Users can also request additional limits after Advance KYC based on the need.
      Services available with Advanced KYC:

    • All services with the Basic KYC
    • Fiat deposit and withdrawals
    • Limit of 100 BTC/24 hours for Crypto withdrawal
    • Limit of 500,000 Euro/24 hours for Fiat withdrawal

    Our services are not available for the residents of the USA, China, UK, and sanctioned countries.

12. Cashaa Earn Loyalty Program

12.1. The Cashaa Earn Loyalty Program is applicable to all Cashaa Wallet Services or part of them, as indicated on the Cashaa Platform.

12.2. The loyalty levels and the Interest applicable thereto, as indicated on the Cashaa Platform, depend on the ratio of CAS Tokens in the relevant Cashaa Account to the Portfolio Balance, and the type of Cashaa Wallet Service used by the Client, respectively Digital Asset.

12.3. The loyalty level of the relevant Client, respectively the applicable Interest, are dynamically determined throughout each calendar day, while their final determination occurs up to the time of accrual of the Interest for each Cashaa Wallet Service, as specified in the general terms and conditions of the latter.

12.4. The participation in the Cashaa Loyalty Program is non-transferable and cannot be sold, gifted or awarded to any person other than you.

12.5. Cashaa reserves its right to allow the use of additional features of the Cashaa Wallet Services and/or grant preferential Interest or other terms, apart from the Cashaa Earn Loyalty Program, at any time, as part of marketing campaigns or otherwise, at its sole and absolute discretion, regardless of whether they are related to the availability of CAS Tokens in the Clients’ Cashaa Accounts. Such can be applicable together with the Cashaa Earn Loyalty Program or on a separate basis.

13. Refusal to Provide Cashaa Wallet Services. Limitation, Suspension or Termination of the Cashaa Wallet Services. Closure of Accounts

13.1. Cashaa reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you in regard to the Cashaa Wallet Services, including for purposes of compliance with any Applicable Law.

13.2. The topping-up of Digital Assets into your Digital Asset Wallet may be subject to certain limits imposed by Cashaa (as may be amended from time to time at Cashaa sole and absolute discretion).

13.3. Cashaa may, at any time and without liability, terminate, suspend, limit or reverse your use, or the functionality, of the Cashaa Wallet Services, or your access to your Cashaa Account (including freezing or closing your Cashaa Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (a) in the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law; (b) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law; (c) upon Cashaa’s suspicion that a transaction or your use of the Cashaa Wallet Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your Cashaa Account has been compromised; (d) your Cashaa Account is subject to any legal proceedings; (e) to remedy the effects of any defect in or compromise to any information system related to the provision of the Cashaa Wallet Services; (f) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to; (g) for maintenance of the system; or (h) if there is a change in the eligibility criteria for opening of a Cashaa Account or use of the Cashaa Wallet Services. In the above cases the Digital Assets in your Cashaa Account may be frozen for an indefinite period of time until the matter is resolved.

13.4. Cashaa may, at any time and without liability: (a) update or change any features, components or content of the Cashaa Wallet Services, cease to accept and support any Digital Assets and substitute them with Digital Assets accepted and supported by Cashaa, determined as per Cashaa sole and absolute discretion, if such are available in the Client’s Cashaa Account at the cessation time. We do not guarantee that any such specific content, component, feature or Digital Asset will always be available to you; or (b) suspend, terminate, cancel or change any incentive program and/or any pay-out in regard thereto.

13.5. If we decide to undertake any of the actions under Art. XIII.3 and XIII.4, we will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reversals are possible once the reasons for the relevant suspension or limitation no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed or terminated transactions at a specific price or under specific terms.

13.6. Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal or termination under Art. XII.3 and XII.4 and you will not be released from any liability having arisen prior to such.

13.7. Cashaa shall not owe you any payment, compensation or damages in relation to any suspension, limitation, cessation, reversal or termination of your use of the Cashaa Wallet Services, regardless of the reason thereof.

13.8. Our rights for suspension, limitation, cessation, reversal and termination under this Section XII shall be without prejudice to any other rights or remedies that we may have (whether under these General Terms, Applicable Law or otherwise).

13.9. You may suspend or terminate your access to and use of any of the Cashaa Wallet Services or close your Cashaa Account. In order to do so, you shall submit a request to Cashaa in a form and together with the relevant supporting documents and information, as may be required by Cashaa. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closure, in particular all your debts to Cashaa shall have been settled prior thereto.

13.10. If you have a remaining balance in your Cashaa Account, which has been suspended or closed, you are entitled to recover such Digital Assets unless we are prohibited by any Applicable Law or a court order to release them, or where we have reasonable grounds to suspect that such Digital Assets have been obtained through any unlawful means.

14. Personal Data

We can only provide the Cashaa Wallet Services once we have collected your Personal Data.

By using the Cashaa Wallet Services, you give Cashaa your consent to gather, process and store your Personal Data for the purpose of providing you with the Cashaa Wallet Services, and declare, acknowledge and confirm that you have read our Privacy Policy and Cookies Policy and agree thereto.

We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.

You can withdraw your consent by closing your Cashaa Account. If you do this, we will stop using your Personal Data for the purposes under Art. XIII.2, but we may need to keep your Personal Data when required by any Applicable Law.

15. Limitation of Liability

15.1. Limitation of liabilityаll the cashaa wallet services are provided ‘as is’ and without any representation or warranty, whether express, implied, or statutory, except as expressly provided in these general terms, to the extent permitted by applicable law. Cashaa disclaims all other representations or warranties, express or implied, made to you, your affiliates or any third party, including without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise of any service or any goods provided incidental to the cashaa wallet services under these general terms.

Cashaa liability in respect of the representations and warranties, which cannot be excluded, is limited to any of the following options chosen by cashaa, at our sole and absolute discretion:

  • Re-supplying, replacing or repairing the cashaa wallet services in respect of which the breach occurred; or.
  • Paying the cost of the re-supplying, replacement or repairing of the cashaa wallet services in respect of which the breach occurred.

15.2. Notwithstanding any provisions in these general terms, in no event shall we or any of our representatives or partners be liable to you for any losses, damages or claims:

  • Due to an unusual or unforeseeable event outside our reasonable control, the consequences of which could not have been avoided even if all due care had been exercised (e.G. Force majeure, including acts of god, war or civil unrest, disasters, acts of domestic or foreign courts and governmental authorities, strikes, lockouts, labour disputes, terrorist acts, riots).
  • Arising from or in connection with:
    • Any delay, suspension, discontinuation, interruption of the cashaa platform or the cashaa wallet services.
    • Failure or interruption in public or private telecommunication networks, communication channels or information systems.
    • Acts or omissions of acts of a party for whom we are not responsible.
    • Delay, failure or interruption in, or unavailability of, third-party services.
    • Any refusal to process or authorize, or any reversal of, any transaction for any reason.
    • Your inability to effect or complete any transaction due to system maintenance, breakdown or non-availability of the cashaa platform or the cashaa wallet service.
    • Any unauthorized or ineligible use of the cashaa wallet services contrary to these general terms;
  • Due to compliance with any applicable law, court orders or acts of any governmental authority.
  • Resulting from hacking, tampering, computer virus transmission or other unauthorized access or use of the relevant cashaa wallet service, your cashaa account or any information contained therein.

15.3. Notwithstanding any provisions in these general terms, in no event shall we be liable to you for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology, loss of data, or interruption or loss of use of service or equipment, regardless of whether such damages being direct or indirect, foreseeable or unforeseeable, or even if you have been advised of the possibility of such damages, and whether arising under theory of contract, tort, strict liability or otherwise.

15.4. In no event will our aggregate liability for any loss or damage arising in connection with the cashaa wallet services and these general terms exceed the fees you paid to cashaa for your use of the relevant cashaa wallet service during the 12-month period immediately preceding the event, giving rise to the claim for liability, if any. The above shall apply to the fullest extent permitted by the relevant applicable law.

15.5. We shall not be liable for any fault on the part of any third-party service provider instructed by us. In any such cases our liability will be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any sub-contractor or other third party such a third-party service provider may use).

15.6. Nothing in these general terms shall operate to limit or exclude any liability for fraud or gross negligence.

16.

16.1. The occurrence of one of the following events constitutes an Event of Default:

  • The Client breaches any of the Client’s obligations or warranties under these General Terms.
  • It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement.
  • Cashaa is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.

16.2. In case of an Event of Default, Cashaa is entitled:

  • To terminate this Agreement with immediate effect.
  • To take any action it deems necessary to protect its interests.

16.3. You shall defend, indemnify, and hold harmless Cashaa, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Cashaa Wallet Services in violation to these General Terms or any Applicable Law.

17. Termination

17.1. This Agreement shall be terminated immediately by closing your Cashaa Account, on the grounds of Art. XV.2, Letter a) or otherwise, and discontinuing use of the Cashaa Wallet Services. The Agreement can be terminated upon written notice by Cashaa if Cashaa discontinues the offering of the Cashaa Wallet Services, regardless of the reasons.

17.2. In the event that your suspended or closed Cashaa Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.

17.3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.

18. Notices. Electronic Communications

18.1. Any notice required or made under these General Terms from Cashaa to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Cashaa Platform.

18.2. Any notice required or made under these General Terms by the Client to Cashaa shall only be made via e-mail in English to support@cashaa.freshdesk.com.

18.3. Your feedback, questions or complaints may be referred to Cashaa via e-mail in English to support@cashaa.freshdesk.com, or through other communication channels indicated by Cashaa from time to time on the Cashaa Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take Cashaa up to 30 (thirty) days to get back to you. We will not be responsible for any loss or damage sustained during this period.

18.4. You shall be fully responsible for the security and authenticity of all instructions sent through the Cashaa Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your Cashaa Account are coming from you and we shall not be obliged to verify this.

18.5. You accept the risk that your instructions and information may not be protected against unauthorized access when given through the Cashaa Platform, as being transmitted via the Internet.

18.6. Any instructions sent to Cashaa shall only be deemed received by Cashaa when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.

18.7. You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the Cashaa Platform and the Cashaa Wallet Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.

18.8. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Cashaa Platform and the Cashaa Wallet Services, our records of all matters related to your use of the Cashaa Platform and the Cashaa Wallet Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.

19. Governing Law And Jurisdiction

19.1. The Agreement shall be governed exclusively by the substantive law of Lithuania.

19.2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in Lithuania, determined as per the procedural law of Lithuania. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Cashaa.

20. Miscellaneous

20.1. Your use of the Cashaa Wallet Services may be subject to certain fees, as indicated on the Cashaa Platform, which are always exclusive of any taxes and may be debited from your Cashaa Account, if applicable. Such fees may be changed at any time, at Cashaa sole and absolute discretion.

20.2. The Intellectual Property remains an exclusive property of Cashaa and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.

13.3. This Agreement, together with the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Cashaa in relation to the use of the Cashaa Wallet Services. It supersedes all prior representations, understandings, agreements, or communications between you and Cashaa, whether written or verbal, including any statements published in the whitepaper on the Cashaa Platform.

13.4. Cashaa shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Cashaa Platform unless otherwise indicated. You shall regularly check the Cashaa Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add or remove any feature or functionality of the Cashaa Platform without prior notice. By continuing to use the Cashaa Platform and/or the Cashaa Wallet Services, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms and the changed Cashaa Platform. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Cashaa Platform and/or the Cashaa Wallet Services immediately.

13.5. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.

13.6. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.

13.7. The failure by Cashaa to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.

13.8. Providing you with the Cashaa Wallet Services does not make Cashaa your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Cashaa Account other than those expressly specified hereunder.

13.9. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Cashaa. Cashaa shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.

13.10. Except for the legal entities belonging to the Cashaa group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.

13.11. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.

 
 
These Terms are divided into the following sections, which are deemed incorporated in their entirety by and in any reference to these Terms:

  • Section 1 – Introduction
  • Section 2 – Definitions
  • Section 3 – Client
  • Section 4 – Specific Featues of the Cashaa Earn Interest Product
  • Section 5 – Interest
  • Section 6 – Topping Up and Withdrawal of Digital Assets
  • Section 7 – Obligations and Warranties
  • Section 8 – Risk Disclosure
  • Section 9 – Limitation of Liability
  • Section 10 – Default. Indemnification
  • Section 11 – Termination
  • Section 12 – Notices
  • Section 13 – Governing Law and Jurisdiction
  • Section 14 – Miscellaneous

1. Introduction

These Cashaa Earn Interest Product General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Cashaa group of companies, including CRYPTO INNOVATIONS UAB (“Cashaa” or “we”), while you and Cashaa are hereinafter separately referred to as “Party” and jointly – as “Parties”, in regard to your use of the Cashaa Earn Interest Product, and constitute a legally binding agreement (“Agreement”) between the Parties.

Cashaa’s crypto wallet and exchange services are provided by CRYPTO INNOVATIONS UAB, a Lithuania licensed company (No. 305997087) whose registered office is at Švitrigailos g. 11K-109, LT-03228 Vilnius, Lithuania. CRYPTO INNOVATIONS UAB is part of the group of companies operating under the brand name “Cashaa”.

2. Definitions

Unless stated otherwise, references shall be made to the Cashaa Wallet Services General Terms and Conditions. Аll the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Cashaa Services General Terms and Conditions.

3. Client

3.1. You can enter into this Agreement and use the Cashaa Earn Interest Product only if all of the conditions below are met:

  • You have opened a Cashaa Account.
  • You are not a citizen or resident of and do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Cashaa Earn Interest Product.
  • You have passed KYC Verification on the Cashaa Platform, for using the Fiat services.

3.2. By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Cashaa Earn Interest Product and/or the related Cashaa Wallet Services to you and close your Cashaa Account, and not allow you to use the Cashaa Earn Interest Product and/or the related Cashaa Wallet Services.

3.3. At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Cashaa Earn Interest Product; (ii) change the conditions for entering into the Agreement or use of the Cashaa Earn Interest Product; (iii) suspend the provision of the Cashaa Earn Interest Product or of all or part of the related Cashaa Wallet Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any feature, component, content, incentive or referral plan of the Cashaa Earn Interest Product.

4. Specific Featues of the Cashaa Earn Interest Product

4.1. The Cashaa Earn Interest Product allows you to earn Interest on certain Digital Assets topped up into the Savings Wallet of your Cashaa Account. All such Digital Assets are indicated on the Cashaa Platform and in the Cashaa Account and are subject to revision from time to time, at our sole and absolute discretion. As a rule, Interest is earned on all Digital Assets falling within the above category unless used for other purposes on the Cashaa Platform.

4.2. You are allowed to have multiple active Cashaa Earn Interest Products, running simultaneously. Interest will be accrued separately on each Cashaa Earn Interest Product.

4.3. You may opt for a Cashaa Earn Interest Product for a Flexible term (“Flexible Term”) or for a fixed term (“Fixed Term”). The terms applicable to each of the above types of Cashaa Earn Interest Product, including but not limited to the Digital Assets on which Interest can be earned, the Interest and the duration of the Fixed Term, if any, are indicated on the Cashaa Platform and may be changed by Cashaa from time to time, at its sole and absolute discretion.

4.4.In case you opt for a Cashaa Earn Interest Product for a Fixed Term, and you wish to terminate the Agreement in the relevant part thereof governing your use of this Cashaa Earn Interest Product prematurely or withdraw your Digital Assets before the expiry of the Fixed Term, you will have to comply to the following stipulation:
(i) You should be a Gold or Diamond member for at least 30 consecutive preceding days prior to the date of premature cancellation of the Fixed Term product.Once you are eligible to prematurely cancel a Fixed Term product, you will be able to see the option to initiate it within your Cashaa login.

4.5. The Cashaa Earn Interest Product for a Fixed Term may be automatically renewed, if you opt for this in your Cashaa Account, and each new Fixed Term will be governed by the terms applicable to the Cashaa Earn Interest Product for this specific Fixed Term on the date of renewal. You may, at any time during the Fixed Term, deactivate the automatic renewal and vice versa, while Cashaa will consider your choice on the date of expiry of each Fixed Term.

5. Interest

5.1. The Interest shall commence accruing on the Digital Assets at a certain rate, as of the expiry of 24 (twenty-four) hours of their topping up into the Savings Wallet of your Cashaa Account (“Start Time”), and may be earned in the same Digital Assets as the ones on which it is accrued (In Kind) or in CAS Tokens (applicable to Digital Assets different from CAS Tokens), as per your choice on the Cashaa Platform. You may, at any time, switch from earning In Kind to earning in CAS Tokens, if applicable, and vice versa. The Interest shall be Simple Interest whether earned in-kind or earned in CAS Tokens.

5.2. The Interest shall be subject to revision from time to time, at our sole and absolute discretion. As a rule, in case you opt for earning in CAS Tokens rather than earning In Kind, if applicable, higher Interest shall be accrued on your Digital Assets, consisting of the standard Interest applicable to the relevant Digital Assets and bonus Interest, as indicated on the Cashaa Platform. We will notify you of the new Interest on the Cashaa Platform. Unless indicated otherwise in the notification, the new Interest shall apply on the next calendar day following the said notification.

5.3. The Interest shall be calculated on a daily basis, at a certain time on each calendar day, on the basis of the actual number of days elapsed in a 365-day year. When the Interest is accrued in CAS Tokens, if applicable, for the purpose of determining the amount of the latter, the USD equivalent of the In Kind Interest on the relevant Digital Assets up to the above time is converted into CAS Tokens.

5.3. The Interest for the Cashaa Earn Interest Product for a Flexible Term shall accrue at a certain time on each calendar day, starting from the next day after the Term starts. The Interest for the Cashaa Earn Interest Product for a Fixed Term shall be credited to your Cashaa Account on the date of expiry of the relevant Fixed Term.

5.4. The Interest shall be accrued on the Digital Assets until the date of your request for withdrawal, in case of a Cashaa Earn Interest Product for a Flexible Term, or until the date of expiry of the relevant Fixed Term, in case of a Cashaa Earn Interest Product for a Fixed Term. You will only receive the Interest that has been credited to your Cashaa Account up to the time of your request, or expiry of the relevant Fixed Term.

5.5 Cashaa reserves its right to grant preferential Interest or other terms to certain Clients as part of marketing campaigns or otherwise, upon its sole and absolute discretion.

6. Topping Up And Withdrawal Of Digital Assets

6.1. You may top up Digital Assets into the Cashaa Account at any time in accordance with the Cashaa Services General Terms and Conditions, while the minimum amount of each Digital Asset required is indicated on the Cashaa Platform and subject to revision from time to time, at our sole and absolute discretion.

6.2. You may request for withdrawal of the Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the Digital Assets and of the Interest accrued thereon, in accordance with the Cashaa Services General Terms and Conditions: (i) at any time, when using a Cashaa Earn Interest Product for a Flexible Term; or (ii) on the date of expiry of the relevant Fixed Term, when using a Cashaa Earn Interest Product for a Fixed Term, unless you have opted for automatic renewal. The withdrawals within the limits specified on the Cashaa Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by Cashaa within the terms under the Cashaa Services General Terms and Conditions.

7. Obligations and Warranties

7.1. You hereby declare, warrant and confirm that:

  • You meet the conditions under Art. III.1.
  • You validly undertake any action or enter into any transaction with regard to the Agreement.
  • The Digital Assets, which you have topped up or will top up into your Cashaa Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your Cashaa Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction.
  • You have submitted to Cashaa only complete, correct and up-to-date information and documents.
  • You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Cashaa shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Cashaa Wallet Services, for which Cashaa shall not be held liable. You shall hold Cashaa harmless from any expenses and losses, resulting from the above uncertainty.
  • You are aware that you use the Cashaa Account, the Cashaa Platform and the Cashaa Earn Interest Product fully at your own risk.

7.2. You hereby undertake to:

  • Use the Cashaa Account, the Cashaa Platform, the Cashaa Earn Interest Product and the related Cashaa Wallet Services in good faith.
  • Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction.
  • Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities.
  • Not provide false, inaccurate, incomplete, out-of-date or misleading information.
  • Not interfere, intercept, or expropriate our network, system, data, or information.
  • Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems concerning the Cashaa Earn Interest Product and/or the related Cashaa Wallet Services.
  • Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners.
  • Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Cashaa Earn Interest Product and/or the related Cashaa Wallet Services.
  • Keep the data required for using the Cashaa Account unavailable for third parties.
  • Inform Cashaa about any change in the information and documents submitted to Cashaa, in particular in your contact details, within 1 (one) day as of the change.
  • Comply with other terms under Art. X.2 of the Cashaa Wallet Services General Terms and Conditions, as applicable.

8. Risk Disclosure

8.1. Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Cashaa. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.

8.2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.

8.3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Cashaa Earn Interest Product, the related Cashaa Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.

8.4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.

8.5. The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.

8.6. Keep in mind that we do not provide investment advice and the information coming from Cashaa shall not be used as a basis for making decisions about investing in a particular Digital Asset.

8.7. You are responsible for determining whether the use of the cashaa earn interest product is legal in your Jurisdiction and you shall not use it should such use be illegal in your jurisdiction. If you are uncertain, Please seek independent legal advice.

8.8. We may be forced to suspend, discontinue, or change aspects of the Cashaa Earn Interest Product or any of the related Cashaa Wallet Services in any jurisdiction, without notice, if demanded by the regulators or Applicable Law, or for whatever other reason. In such case the Digital Assets in your Cashaa Account may be frozen for an indefinite period of time until the matter is resolved.

8.9. You understand and agree that you use the Cashaa Account and the Cashaa Earn Interest Product at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Cashaa Earn Interest Product and any of the related Cashaa Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

9. Limitation of Liability

9.1. The cashaa earn interest product is provided ‘as is’ and without any representation or warranty, whether Express, implied, or statutory, except as expressly provided in these general terms, to the extent permitted by Applicable law. Cashaa disclaims all other representations or warranties, express or implied, made to you, your Affiliates or any third party, including without limitation, any warranties regarding quality, suitability, Merchantability, fitness for a particular purpose or otherwise of any service or any goods provided incidental To the Cashaa earn interest product under these general terms.

9.2. Cashaa liability in respect of the representations and warranties, which cannot be excluded, is limited to Any Of the following options chosen by cashaa, at our sole and absolute discretion:

  • Re-supplying, replacing or repairing the cashaa earn interest product in respect of which the breach occurred.
  • Paying the cost of the re-supplying, replacement or repairing of the cashaa earn interest product in respect Of which the breach occurred.

9.3. Notwithstanding any provisions in these general terms, in no event shall we or any of our representatives Or Partners be liable to you for any losses, damages or claims:

  • Due to an unusual or unforeseeable event outside our reasonable control, the consequences of which could not Have been avoided even if all due care had been exercised (e.G. Force majeure, including acts of god, war or Civil unrest, disasters, acts of domestic or foreign courts and governmental authorities, strikes, lockouts, Labour disputes, terrorist acts, riots).
  • Arising from or in connection with:
    • Any delay, suspension, discontinuation, interruption of the cashaa platform or the cashaa earn interest Product.
    • Failure or interruption in public or private telecommunication networks, communication channels or Information systems.
    • Acts or omissions of acts of a party for whom we are not responsible.
    • Delay, failure or interruption in, or unavailability of, third-party services.
    • Any refusal to process or authorize, or any reversal of, any transaction for any reason.
    • Your inability to effect or complete any transaction due to system maintenance, breakdown or Non-availability of the cashaa platform or the cashaa earn interest product.
    • ANY UNAUTHORIZED OR INELIGIBLE USE OF THE CASHAA EARN INTEREST PRODUCT CONTRARY TO THESE GENERAL TERMS.
  • Any unauthorized or ineligible use of the cashaa earn interest product contrary to these general terms.
  • Resulting from hacking, tampering, computer virus transmission or other unauthorized access or use of the Cashaa earn interest product, your cashaa account or any information contained therein.

9.4. Notwithstanding any provisions in these general terms, in no event shall we be liable to you for any type Of incidental, special, exemplary, punitive, indirect or consequential damages, including but not limited to Lost revenue, lost profits, replacement goods, loss of technology, loss of data, or interruption or loss of use Of service or equipment, regardless of whether such damages being direct or indirect, foreseeable or Unforeseeable, or even if you have been advised of the possibility of such damages, and whether arising under Theory of contract, tort, strict liability or otherwise.

9.5. In no event will our aggregate liability for any loss or damage arising in connection with the cashaa earn Interest product and these general terms exceed the fees you paid to cashaa for your use of the cashaa earn Interest product during the 12-month period immediately preceding the event, giving rise to the claim for Liability, if any. The above shall apply to the fullest extent permitted by the relevant applicable law.

9.6. We shall not be liable for any fault on the part of any third-party service provider instructed by us. In Any Such cases our liability will be limited to using reasonable care in the selection, appointment and instruction Of such third-party service providers (but not of any sub-contractor or other third party such a third-party Service provider may use).

9.7. Nothing in these general terms shall operate to limit or exclude any liability for fraud or gross Negligence.

10. Default. Indemnification

10.1. The occurrence of one of the following events constitutes an Event of Default:

  • The Client breaches any of the Client’s obligations or warranties under these General Terms.
  • It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement.
  • Cashaa is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.

10.2. In case of an Event of Default, Cashaa is entitled:

  • To terminate this Agreement with immediate effect.
  • To take any action it deems necessary to protect its interests.

10.3. You shall defend, indemnify, and hold harmless Cashaa, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Cashaa Earn Interest Product in violation to these General Terms or any Applicable Law.

11. Termination

11.1. This Agreement shall be terminated immediately by closing of your Cashaa Account, on the grounds of Art. X.2, Letter a) or otherwise, and discontinuing use of the Cashaa Earn Interest Product. The Agreement can be terminated upon written notice by Cashaa if Cashaa discontinues the offering of the Cashaa Earn Interest Product, regardless of the reasons.

11.2. In the event that your suspended or closed Cashaa Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if any, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.

11.3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.

12. Notices

12.1. Any notice required or made under these General Terms from Cashaa to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Cashaa Platform.

13. Governing Law and Jurisdiction

13.1. The Agreement shall be governed exclusively by the substantive law of Lithuania.

13.2. Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in Lithuania, determined as per the procedural law of Lithuania. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Cashaa.

14. Miscellaneous

14.1. The Intellectual Property remains an exclusive property of Cashaa and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.

14.2. This Agreement, together with the Cashaa Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Cashaa in relation to the use of the Cashaa Earn Interest Product. It supersedes all prior representations, understandings, agreements, or communications between you and Cashaa, whether written or verbal, including any statements published in the whitepaper on the Cashaa Platform.

14.3. You understand and agree that we might convert any Digital Assets in regard to which you use the Cashaa Earn Interest Product into other Digital Assets for investment purposes. Any such investment will be made in our name only and you will have no benefits and liabilities from it.

14.4. Cashaa shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Cashaa Platform unless otherwise indicated, while they shall not affect the current terms of your active Cashaa Earn Interest Products for a Fixed Term. You shall regularly check the Cashaa Platform to inform yourself about any such amendments or supplements. By continuing to use the Cashaa Earn Interest Product, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Cashaa Earn Interest Product immediately.

14.5. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.

14.6. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.

14.7. The failure by Cashaa to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.

14.8. Providing you with the Cashaa Earn Interest Product does not make Cashaa your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Cashaa Account other than those expressly specified hereunder.

14.9. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Cashaa. Cashaa shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.

14.10. Except for the legal entities belonging to the Cashaa group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.

14.11. Any issues which are not settled hereby shall be governed by the Cashaa Wallet Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Cashaa Wallet Services General Terms and Conditions, these General Terms shall prevail.

14.12. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.

 
 
These Terms are divided into the following sections, which are deemed incorporated in their entirety by and in any reference to these Terms:

  • Section 1 – Introduction
  • Section 2 – Definitions
  • Section 3 – Client
  • Section 4 – Specific Features of the Cashaa Exchange Service
  • Section 5 – Initiation and Execution of Exchange Transactions
  • Section 6 – Obligations and Warranties
  • Section 7 – Risk Disclosure
  • Section 8 – Limitation of Liability
  • Section 9 – Default. Indemnification
  • Section 10 – Termination
  • Section 11 – Notices
  • Section 12 – Governing Law and Jurisdiction
  • Section 13 – Miscellaneous

1. Introduction

These Cashaa Exchange Service General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Cashaa group of companies (“Cashaa” or “we”), while you and Cashaa are hereinafter separately referred to as “Party” and jointly – as “Parties”, in regard to your use of the Cashaa Exchange Service, and constitute a legally binding agreement (“Agreement”) between the Parties.

Cashaa’s crypto wallet and exchange services are provided by CRYPTO INNOVATIONS UAB, a Lithuania licensed company (No. 305997087) whose registered office is at Švitrigailos g. 11K-109, LT-03228 Vilnius, Lithuania. CRYPTO INNOVATIONS UAB is part of the group of companies operating under the brand name “Cashaa”.

2. Definitions

2.1. Base Asset means the first Digital Asset in the Trading Pair, as indicated on the Cashaa Platform and in the Cashaa Account, which may be chosen by you for the purpose of an Exchange Transaction.

2.2. Counter Asset means the second Digital Asset in the Trading Pair, as indicated on the Cashaa Platform and in the Cashaa Account, which may be chosen by you for the purpose of an Exchange Transaction.

2.3. Exchange means any exchange used by Cashaa for the purpose of an Exchange Transaction.

2.4. Exchange Price means the price at which the Exchange Transaction is executed by Cashaa, including the relevant fees, if any.

2.5. Exchange Transaction means a sale transaction regarding a Trading Pair initiated by the Client in the Cashaa Account, by an Order to Cashaa to place a sale order with an Exchange and execute a sale transaction thereon, and/or the sale transaction executed by Cashaa on the relevant Exchange.

Trading Pair means a Base Asset and a Counter Asset, regarding which an Exchange Transaction is initiated by the Client and/or executed by Cashaa.

Order means an instruction from you to Cashaa to execute an Exchange Transaction and top up the proceeds thereof, respectively the relevant Counter Assets, into your Savings or Credit Wallet, as the case may be.

Unless stated otherwise, references shall be made to the Cashaa Wallet Services General Terms and Conditions and all the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Cashaa Wallet Services General Terms and Conditions, as the case may be.

3. Client

3.1. You can enter into this Agreement and use the Cashaa Exchange Service only if all of the conditions below are met:

  • You have opened a Cashaa Account, respectively have met the conditions of the Cashaa Wallet Services General Terms and Conditions.
  • You are not a citizen or resident of and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Cashaa Exchange Service.
  • You have passed Advanced Verification on the Cashaa Platform (applicable only to the cases where the Base Asset is EURT/GBPT/USDT).

3.2. CBy entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Cashaa Exchange Service and/or other Cashaa Wallet Services to you and close your Cashaa Account, and do not allow you to use the Cashaa Exchange Service and/or the other Cashaa Wallet Services.

3.3. At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Cashaa Exchange Service; (ii) change the conditions for entering into the Agreement or use of the Cashaa Exchange Service; (iii) suspend the provision of the Cashaa Exchange Service or of all or part of the other Cashaa Wallet Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component, content, incentive or referral plan of the Cashaa Exchange Service.

4. Specific Features of the Cashaa Exchange Service

4.1. The Cashaa Exchange Service allows you to initiate the execution of an Exchange Transaction, using the Base Assets in your Savings Wallet, and the subsequent topping up of the proceeds thereof, respectively the relevant Counter Assets, into the same Savings Wallet.

4.2. You may only initiate an Exchange Transaction regarding the Trading Pairs and within the limits as indicated on the Cashaa Platform and in the Cashaa Account, which are subject to revision from time to time at our sole and absolute discretion.

5. Initiation and Execution of Exchange Transactions

5.1. You must select the type and amount of the Base Asset you wish to sell and the Counter Asset you wish to buy, thus selecting the Trading Pair, before you place an Order with Cashaa. If you do not have the Base Asset needed for the execution of an Exchange Transaction (applicable only to the cases where the Base Asset is EURT/GBPT/USDT), you may initiate the execution of a purchase transaction in accordance Cashaa Wallet Services General Terms and Conditions, a subsequent Exchange Transaction, and the topping-up of the proceeds of the latter, respectively the relevant Counter Asset, into your Savings Wallet. For the avoidance of doubt, the relevant Counter Asset will be topped up into your Savings Wallet only under the condition that both the purchase transaction and the Exchange Transaction under the preceding sentence have been executed.

5.2. The Exchange Transactions are irreversible and final once you have provided the relevant instructions to Cashaa, and you may not change, withdraw or cancel the Order to Cashaa to complete any pending or partially completed Exchange Transaction. You are responsible for all Orders you place and your decisions to sell, implement and maintain the Digital Assets in your Cashaa Account. Cashaa shall not be liable for any partially completed Exchange Transactions.

5.3. After you have selected the Trading Pair, if the Exchange Transaction can be executed by Cashaa, the latter will show you the relevant Exchange Price in the Cashaa Account. However, we do not guarantee the availability of any price.

5.4. Your Orders shall be processed by Cashaa immediately, while their status may be tracked in the Cashaa Account. However, due to technical reasons, the processing may take a longer period of time, for which Cashaa cannot be held liable. Cashaa devotes significant efforts to ensure that any processing falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your Order.

5.5. Once your Order has been executed, the Counter Assets have been topped up into your Cashaa Account, respectively your Cashaa Account balance has been updated, you will receive confirmation of the Exchange Transaction via e-mail.

5.6. You will not be able to place an Order (i) using Base Assets not available in your Savings Wallet; (ii) above or under the permitted limits as indicated on the Cashaa Platform and in your Cashaa Account

5.7. Your Order may be rejected (i) due to network shortages and/or technical reasons; (ii) in case of significant price difference; or (iii) in case there are not enough Counter Assets on the Exchanges.

5.8. We may, upon our sole and absolute discretion, reverse or adjust any executed Exchange Transaction, in case of an error in the Exchange Price of the Digital Assets, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Cashaa, regardless of the reason for such. In case of reversal, the Counter Assets subject of the Exchange Transaction will be withdrawn from the Savings Wallet of your Cashaa Account, and the Base Assets – re-topped up thereinto. In case of adjustment, the amount of the Counter Assets subject of the Exchange Transaction will be adjusted accordingly in the Savings Wallet of your Cashaa Account.

6. Obligations And Warranties

6.1. You hereby declare, warrant and confirm that:

  • You meet the conditions under Art. III.1.
  • You validly undertake any action or enter into any transaction with regard to the Agreement.
  • The Base Assets, which you have topped up or will top up into the Savings Wallet of your Cashaa Account, respectively have moved or will move to the Credit Wallet of your Cashaa Account, or the funds, which you have used or will use for purchase of such, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction.
  • You have submitted to Cashaa only complete, correct and up-to-date information and documents.
  • You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Cashaa shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Cashaa Exchange Service, for which Cashaa shall not be held liable. You shall hold Cashaa harmless from any expenses and losses, resulting from the above uncertainty.
  • You are aware that you use the Cashaa Account, the Cashaa Platform and the Cashaa Exchange Service fully at your own risk.

6.2. You hereby undertake to:

  • Use the Cashaa Account, the Cashaa Platform, the Cashaa Exchange Service and the other Cashaa Wallet Services in good faith.
  • Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction.
  • Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities.
  • Not provide false, inaccurate, incomplete, out-of-date or misleading information.
  • Not interfere, intercept, or expropriate our network, system, data, or information.
  • Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Cashaa Exchange Service and/or other Cashaa Wallet Services.
  • Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners.
  • Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Cashaa Exchange Service and/or other Cashaa Wallet Services.
  • Keep the data required for using the Cashaa Account unavailable for third parties.
  • Inform Cashaa about any change in the information and documents submitted to Cashaa, in particular in your contact details, within 1 (one) day as of the change.

7. Risk Disclosure

7.1. Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Cashaa. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition

7.2. Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.

7.3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Cashaa Exchange Service, the other Cashaa Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.

7.4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.

7.5. The nature of the Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.

7.6. Keep in mind that we do not provide investment advice and the information coming from Cashaa shall not be used as a basis for making decisions about investing in a particular Digital Asset.

7.7. You are responsible for determining whether the use of the cashaa exchange service is legal in your jurisdiction and you shall not use it should such use be illegal in your jurisdiction. If you are uncertain, please seek independent legal advice.

7.8. You understand and agree that you use the Cashaa Account, the Cashaa Exchange Service and the other Cashaa Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Cashaa Exchange Service and any of the other Cashaa Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.

8. Limitation Of Liability

8.1. The cashaa exchange service is provided ‘as is’ and without any representation or warranty, whether express, implied, or statutory, except as expressly provided in these general terms, to the extent permitted by applicable law. Cashaa disclaims all other representations or warranties, express or implied, made to you, your affiliates or any third party, including without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise of any service or any goods provided incidental to the cashaa exchange service under these general terms.

Cashaa liability in respect of the representations and warranties, which cannot be excluded, is limited to any of the following options chosen by cashaa, at our sole and absolute discretion.

  • Re-supplying, replacing or repairing the cashaa exchange service in respect of which the breach occurred; or.
  • Paying the cost of the re-supplying, replacement or repairing of the cashaa exchange service in respect of which the breach occurred.

8.2. Notwithstanding any provisions in these general terms, in no event shall we or any of our representatives or partners be liable to you for any losses, damages or claims:

  • Due to an unusual or unforeseeable event outside our reasonable control, the consequences of which could not have been avoided even if all due care had been exercised (e.G. Force majeure, including acts of god, war or civil unrest, disasters, acts of domestic or foreign courts and governmental authorities, strikes, lockouts, labour disputes, terrorist acts, riots).
  • Arising from or in connection with:
    • Any delay, suspension, discontinuation, interruption of the cashaa platform or the cashaa exchange service.
    • Failure or interruption in public or private telecommunication networks, communication channels or information systems.
    • Acts or omissions of acts of a party for whom we are not responsible.
    • Delay, failure or interruption in, or unavailability of, third-party services.
    • Any refusal to process or authorize, or any reversal of, any exchange or other transaction for any reason.
    • Your inability to effect or complete any exchange or other transaction due to system maintenance, breakdown or non-availability of the cashaa platform or the cashaa exchange service.
    • Any unauthorized or ineligible use of the cashaa exchange service contrary to these general terms.
    • Reversal or adjustment of any exchange transaction in accordance with art. V.8.
  • Due to compliance with any applicable law, court orders or acts of any governmental authority.
  • Resulting from hacking, tampering, computer virus transmission or other unauthorized access or use of the cashaa exchange service, your cashaa account or any information contained therein.

8.3 Notwithstanding any provisions in these general terms, in no event shall we be liable to you for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology, loss of data, or interruption or loss of use of service or equipment, regardless of whether such damages being direct or indirect, foreseeable or unforeseeable, or even if you have been advised of the possibility of such damages, and whether arising under theory of contract, tort, strict liability or otherwise.

8.4. In no event will our aggregate liability for any loss or damage arising in connection with the cashaa exchange service and these general terms exceed the fees you paid to cashaa for your use of the cashaa exchange service during the 12-month period immediately preceding the event, giving rise to the claim for liability, if any. The above shall apply to the fullest extent permitted by the relevant applicable law.

8.5. We shall not be liable for any fault on the part of any third-party service provider instructed by us. In any such cases our liability will be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any sub-contractor or other third party such a third-party service provider may use).

8.6. Nothing in these general terms shall operate to limit or exclude any liability for fraud or gross negligence.

9. Default. Indemnification

9.1. The occurrence of one of the following events constitutes an Event of Default:

  • The Client breaches any of the Client’s obligations or warranties under these General Terms.
  • It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement.
  • Cashaa is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.

9.2. In case of an Event of Default, Cashaa is entitled:

  • To terminate this Agreement with immediate effect.`
  • To take any action it deems necessary to protect its interests.

9.3. You shall defend, indemnify, and hold harmless Cashaa, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Cashaa Exchange Service in violation to these General Terms or any Applicable Law.

10. Termination

10.1. This Agreement shall be terminated immediately by closing of your Cashaa Account, on the grounds of Art. IX.2, Letter a) or otherwise, and discontinuing use of the Cashaa Exchange Service. The Agreement can be terminated upon written notice by Cashaa if Cashaa discontinues the offering of the Cashaa Exchange Service, regardless of the reasons.

10.2. In the event that your suspended or closed Cashaa Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.

10.3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.

11. Notices

11.1. Any notice required or made under these General Terms from Cashaa to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Cashaa Platform.

11.2. Any notice required or made under these General Terms by the Client to Cashaa shall only be made through an e-mail in English, sent to support@Cashaa.io.

12. Governing Law And Jurisdiction

12.1. The Agreement shall be governed exclusively by the substantive law of England and Wales.

12.2. Any dispute arising out of or in connection with the Agreement, including with these General Terms, unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Cashaa.

13. Miscellaneous

13.1. The Intellectual Property remains an exclusive property of Cashaa and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.

13.2. This Agreement, together with the Cashaa Wallet Services General Terms and Conditions, the Privacy Policy and the Cookies Policy, represents the entire agreement between you and Cashaa in relation to the use of the Cashaa Exchange Service. It supersedes all prior representations, understandings, agreements, or communications between you and Cashaa, whether written or verbal, including any statements published in the whitepaper on the Cashaa Platform.

13.3. Cashaa shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Cashaa Platform unless otherwise indicated. You shall regularly check the Cashaa Platform to inform yourself about any such amendments or supplements. By continuing to use the Cashaa Exchange Service, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Cashaa Exchange Service immediately.

13.4. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.

13.5. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.

13.6. The failure by Cashaa to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.

13.7. Providing you with the Cashaa Exchange Service does not make Cashaa your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Cashaa Account other than those expressly specified hereunder.

13.8. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Cashaa. Cashaa shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.

13.9. Except for the legal entities belonging to the Cashaa group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.

13.10. Any issues which are not settled hereby shall be governed by the Cashaa Wallet Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Cashaa Wallet Services General Terms and Conditions, these General Terms shall prevail.

13.11. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.

 

The trading of commodities and currencies involves a significant amount of risk. Prices can fluctuate on any given day. Because of such price fluctuations, you may gain or lose value of your assets at any given moment. Any currency may be subject to large swings in value and may even become absolutely worthless. There is always an inherent risk that losses will occur as a result of buying, selling or trading anything on the market.

Bitcoin trading has specific risks, which are not shared with other official currencies, goods or commodities in a market.

Unlike most currencies, which are supported by government reserves or other legal entities, as well as commodities such as silver and gold, Bitcoin is a “flat” currency, which is only backed by mathematics, technology and trust. The currency is absolutely decentralized, which means there is no authority that can take corrective measure to protect the Bitcoin value in a crisis or issue more currency.

Bitcoin is an autonomous and mostly unregulated worldwide payment system. When using Bitcoins – traders put their trust in the digital, decentralized and mostly anonymous system, which relies on p2p networking and cryptography to maintain its integrity.

Bitcoin trading is susceptible to irrational or rational bubbles or absolute loss of confidence, which could collapse demand/supply. Any actions, even remotely connected to Bitcoins can crash confidence in this currency, such as unexpected changes imposed by the currency developers, a government crackdown, the creation of a superior competing Bitcoin alternative, or even a deflation or inflation spiral. Confidence might also collapse because of various technical problems: if the anonymity of the system can be compromised, funds lost or stolen, or in the event that hackers or governments become able to prevent Bitcoin transactions from settling.

There may be additional risks, which have not been foreseen or identified in the current Terms of Use.

Every user has to carefully assess whether his/her financial situation and tolerance for risk is suitable for buying/selling/trading Bitcoins.

1. BACKGROUND

1.1. Cashaa guarantees to any its User his/her right for refund, in case if such User is not satisfied with the quality of the provided Services.

1.2. Furthermore, Cashaa declares that its User has the right to change his/her mind in case if the User’s Account was already funded and to request his/her Funds to be returned.

1.3. Every Refund and Return are treated by Cashaa with reasonable care and skill.

NOTE:
  • Refunds and Returns in excess of the original amount are prohibited.
  • This Refund Policy does not cover any transactions between the Users related to purchase-sale of crypto-currencies and it does not refer to any refunds for purchased crypto-currencies.
  • Cashaa undertakes to make its best efforts to assist the Users in case of any disputes related to refunds of purchased crypto-currencies.
  • This Refund Policy concerns exclusively Transaction fees and Users’ Funds.

2. DEFINITIONS

2.1. Banking Day : ( cf. Payment Policy).

2.2. Chargeback : means return of the User’s money by his/her Issuing Bank due to the disputed and/or fraudulent transaction.

2.3. Eligibility Criteria : means the set of requirements that must be met for Refund or Return.

2.4. Return original amount : means the precise amount of the User’s Funds accumulated on his/her Account.

2.5. Funding : ( cf. Payment Policy).

2.6. Return Form : means the Cashaa’s form to be completed by the User, who has requested for his/her Funds to be returned.

2.7. Funds : ( cf. Payment Policy).

2.8. Issuing Bank : means the bank that has issued payment card to the User as Cardholder.

2.9. Business Day : means every official working day of the week in the United Kingdom.

2.10. Refund original amount : means the precise amount of Transaction fee deducted from the amount of certain User’s Transaction.

2.11. Refund Form : : means the Cashaa’s form to be completed by the User, who has requested the Refund.

2.12. Refund : means giving back the amount of Transaction fee paid by the User with regard to certain Transaction.

2.13. Return : means giving back the User’s Funds transferred to his/her Account.

2.14. Transaction Charges : means any fee charged by a bank/financial institution upon processing a valid refund request.

All other terms and definitions in this Refund Policy are used in the same meaning as under the Terms of Use.

3 GENERAL CONDITIONS

3.1. You can obtain the Refund/Return Form under request sent to support@Cashaa.com.

3.2. The User who has paid for the Cashaa Services, i.e. paid a transaction fee, or has funded his account may request a Refund or Return in accordance with the Eligibility Criteria as further set out herein.

3.3. Refund/Return will only be considered where the User complies with the Eligibility Criteria in full. Where the User fails to meet any of the Eligibility Criteria, Cashaa shall have the right, in its sole discretion, to decline the User’s request for a Refund/Return.

3.4. In order to apply for a Refund/Return, the User must request and complete a Refund Form/Return Form and send the respective form to the Cashaa support address.

3.5. Cashaa shall process the User’s Refund Form/Return Form as soon as is reasonably practicable. Response times will vary depending on stated reasons for the request. In any case, Cashaa shall notify the User on the outcome of the request in accordance with the timescales set out herein.

3.6. Refund/Return request will only be approved or declined after meticulous verification made by Cashaa.

3.7. To prevent Prohibited Conduct, all payments and information related to Refund/Return may be verified by Cashaa. In such case, Cashaa may request the User to provide certain documents, including, but not limited to, identification documents, copy of the User’s Payment Card and Invoice or/and any other prove of the fact that disputed payment was made. In case if the User fails to provide appropriate documents or information within three (3) days upon the Cashaa request or in case of any doubts as to authenticity of provided documents, Cashaa shall be entitled to decline the User’s Refund/Return request.

NOTE :

Submission of Refund Form/Return Form does not guarantee that the User’s request will be satisfied.

4. REFUND ELIGIBILITY CRITERIA

4.1. Completed Refund Form should be sent to the Cashaa electronic address with ‘ Refund Request’ in the subject line.

4.2. All requests for Refund will only be accepted where notice is received by Cashaa no later than forty-eight (48) hours after made Transaction.

4.3. Notice mentioned in para (4.1) above should be provided to Cashaa by completing Refund Form.

5. RETURN ELIGIBILITY CRITERIA

5.1. All requests for Refund should be provided to Cashaa by completing Return Form.

5.2. Cashaa provides the Refund/Return using the same means of payment as the User used to pay, unless the User expressly agrees otherwise.

5.3. Completed Return Form should be sent to the Cashaa electronic address with ‘Return Request’ in the subject line.

6. PROCESSING TIMELINE

6.1. Within fifteen (15) Business Days as of the date of Refund From/Return Form receipt, Cashaa shall contact the User to request further information (if required) and the User shall provide such information as soon as reasonably practicable but in any case no later than fourteen (14) days following such request.

6.2. Cashaa shall notify the User by e-mail on its final decision regarding Refund/Return :

  • within fifteen (15) Business Days following the receipt of the last requested additional document or information;
  • within twenty (20) Business Days following the receipt of Refund Form/Return Form if no further information or document is requested .

6.3. Refund/Return will be processed without undue delay, and in any event within fourteen (14) days beginning with the day on which the Cashaa agrees that the User is entitled to a Refund/Return.

6.4. The User will have no Refund/Return :

  • When requested by Cashaa to do so, the User fails to provide Cashaa with information or/and document(s) within the terms set herein.
  • If Cashaa suspects that the User has, or is, engaged in, or have in any way been involved in, fraudulent or illegal activity, including Prohibited Conduct.
  • There is no ground for Refund/Return.
NOTE :

Cashaa reserves the right to lock the User’s Funds while Refund/Return investigation is in process, which means that the Funds could be inaccessible during such investigation.

7. CHARGEBACKS

7.1. Cashaa expects the User to contact it using Cashaa contact details to resolve any problem or issue related to his/her payments before the User makes any Chargeback request. This Section does not affect any rights and/or claims, which the User may have against the bank/financial institution.

7.2. Cashaa reserves the right to suspend User’s account and lock User’s Funds during the chargeback investigation procedure.

7.3. Cashaa will investigate any Chargeback requests made by the User and in response will inform the User’s Issuing Bank whether any Service or Transaction has been cancelled.

8. MISCELLANEOUS

8.1. In case if the User does not wish to accept the revised Refund and Return Policy, he/she should not continue to use Cashaa Services. If the User continues to use the Services after the date on which the change comes into effect, his/her use of the Services to be bound by the new Refund Policy and Return.

8.2. Any charges, which arise upon processing Refund/Return, shall be borne solely by the User. Such charges will be deducted from the final amount of Refund/Return.

8.3. This Refund Policy will be amended from time to time if there is any change in the legislation. Terms and conditions of the Refund Policy are subject to change by Cashaa and in the case of any amendments, Cashaa will make an appropriate announcement. The changes will apply after Cashaa has given notice.

1. POLICY STATEMENT

1.1. Cashaa creates opportunities for the people and builds trust between them worldwide. Cashaa is committed to conducting business in accordance with the highest ethical, professional and legal standards. The public, Cashaa’s partners and Users’ have the right to expect that professional, competent and trustworthy people are employed by Cashaa.

1.2. Cashaa will comply with applicable legislation. In line with applicable legislation Cashaa has a ‘zero tolerance’ policy towards fraud, corruption, collusion, money laundering, financing of terrorism and other criminal conduct (jointly “Prohibited Conduct”) and will thoroughly investigate and seek to take disciplinary and/or legal action against those who perpetrate, are involved in, or assist with fraudulent or other improper actions in all Cashaa activity and related transactions.

1.3. Cashaa will provide adequate and appropriate resources to implement the Anti-Fraud Policy and will ensure it is communicated and understood.

2. LEGISLATION COMPLIANCE

2.1. The Anti-Fraud Policy has been drafted to comply with the current applicable local and international legislation, including, but not limited to applicable EU legislation.

2.2. Adherence to the Anti-Fraud Policy Cashaa will ensure compliance with all relevant legislation and internal policies.

3. DEFINITIONS

In pursuance of the Anti-Fraud Policy, Prohibited Conduct includes fraud, corruption, collusion, money laundering, financing of terrorism and other criminal conduct defined as follows:

3.1. Fraud: any act or omission, including a misrepresentation that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation.

3.2. Corruption: offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the action of another party.

3.3. Collusion: arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party.

3.4. Money laundering: (a) the conversion or transfer of property, knowing that such property is derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such activity to evade the legal consequences of his action; (b) the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from criminal activity or from an act of participation in such activity; (c) the acquisition, possession or use of property, knowing, at the time of receipt, that such property was derived from criminal activity or from an act of participation in such activity; (d) participation in, association to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the actions mentioned in the foregoing points

3.5. Terrorist financing: provision or collection of funds, by any means, directly or indirectly, with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any of the offences within the meaning of Articles 1 to 4 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism.

3.6. Criminal conduct: conduct, which constitutes an offence in any part of the world or would constitute an offence in any part of the world if it occurred there.

4. KEY RESPONSIBILITIES

4.1. Cashaa performs a “Know-Your-Customer Policy” (KYC) due diligence on all new Users and a due diligence on all transactions in order to detect possible compliance or integrity concern. Such due diligence is performed in accordance with the requirements of the money laundering and terrorist financing activities regulations, pursuant to the terms of KYC.

4.2. In view of the Anti-Fraud Policy Cashaa is responsible for:

  • ensuring efficient and effective systems, procedures and internal controls are in place to enable the prevention and detection of Prohibited Conduct;
  • ensuring the Anti-Fraud Commissioner identifies Prohibited Conduct risks in their areas of business and that all systems, procedures and internal controls are properly implemented and enforced;
  • ensuring all members of the operational anti-fraud department have a duty to report any internal and external suspicions or incidents of Prohibited Conduct;
  • reviewing continuously its systems, procedures and internal controls through risk management processes and audit arrangements;
  • reporting any suspicions regarding Prohibited Conduct to the relevant state authorities.

5. FRAUD DETECTION AND INVESTIGATION

5.1. Cashaa’s Operational Anti-Fraud Department, in particular, the Anti-Fraud Commissioner, is the first line of detection, investigation and protection in preventing Prohibited Conduct through the Users and transactions appraisal process. The Anti-Fraud Commissioner will be responsible for the proper fulfillment of the Anti-Fraud Policy.

  • (a) Authority

    The Anti-Fraud Commissioner, through the Operational Anti-Fraud Department, working in close collaboration with the Nominated Officer (cf. Know-Your-Customer Policy), shall be responsible for:

    • receiving reports of alleged or suspected Prohibited Conduct involving Cashaa, its Users and/or related transactions;
    • investigating such matters and cooperating directly with the Nominated Officer in order to facilitate the investigations;
    • reporting its findings to the Cashaa management and relevant authorities, as well as any other third party on a need-to-know basis.
  • For situations requiring an urgent response, the Anti-Fraud Commissioner may take any necessary measures required for the investigation, notably to preserve evidence.

  • (b) Independence

    The Operational Anti-Fraud Department shall enjoy complete independence in the exercise of its responsibilities. The Anti-Fraud Commissioner shall have full authority to open, pursue, close and report on any investigation on Prohibited Conduct within its remit without prior notice to, the consent of, or interference from any other person or entity.

  • (c) Professional Standards

    All Prohibited Conduct investigations conducted by the Operational Anti-Fraud Department shall be fair and impartial, with due regard to the rights of the Users and persons or entities involved. The presumption of innocence applies to those alleged to have engaged in misconduct. Those involved in the Prohibited Conduct investigation (be those under investigation or those conducting the investigation) should be aware of their rights and obligations and ensure they are fully respected.

  • (d) Cooperation

    All Users are required to cooperate with the Operational Anti-Fraud Department and the Anti-Fraud Commissioner promptly, fully, efficiently and in the manner specified by the Operational Anti-Fraud Department, including by answering relevant questions and complying with requests for information and records.

  • (e) Confidentiality

    In accordance with Cashaa internal rules on access to information, all information and documents collected and generated during a Prohibited Conduct investigation, not already in the public domain, shall be kept strictly confidential. The confidentiality of the information collected will be respected both in the interests of those concerned and the integrity of the investigation.

    In particular, during the Prohibited Conduct investigation the confidentiality will be respected in so far as it would not be contrary to the interests of the investigation.

    The Operational Anti-Fraud Department shall disclose such information and documents only to those persons or entities authorized to receive them or otherwise on a need-to-know basis.

6. MISCELLANEOUS

6.1. Cashaa will review the Anti-Fraud Policy to reflect new legal and regulatory developments and ensure good practice.

6.2. I WARRANT AND GUARANTEE THAT I HAVE NO INTENTION TO COMMIT ANY OF PROHIBITED CONDUCT ACTS DESCRIBED HEREIN; FURTHERMORE, I CONSENT TO ANY CHECKS DUE TO INVESTIGATION UNDER THE ANTI-FRAUD POLICY AND I AGREE TO COOPERATE FULLY AND PROMPTLY WITH THE ANTI-FRAUD COMMISSIONER WITHIN SUCH INVESTIGATION.

Introduction

Cashaa Anti-Money Laundering and Know Your Customer Policy (hereinafter – the “AML/KYC Policy”) is designated to prevent and mitigate possible risks of Cashaa being involved in any kind of illegal activity.

Both international and local regulations require Cashaa to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form of suspicious activity from its Users.

AML/KYC Policy covers the following matters:

  • Verification procedures.
  • Compliance Officer.
  • Monitoring Transactions.
  • Risk Assessment.

1. Verification procedures

One of the international standards for preventing illegal activity is customer due diligence (“CDD”). According to CDD, Cashaa establishes its own verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks.

1.1. Identity verification

Cashaa’s identity verification procedure requires the User to provide Cashaa with reliable, independent source documents, data or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes Cashaa reserves the right to collect User’s identification information for the AML/KYC Policy purposes.

Cashaa will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and Cashaa reserves the right to investigate certain Users who have been determined to be risky or suspicious.

Cashaa reserves the right to verify User’s identity in an on-going basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular User). In addition, Cashaa reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past.

User’s identification information will be collected, stored, shared and protected strictly in accordance with the Cashaa’s Privacy Policy and related regulations.

Once the User’s identity has been verified, Cashaa is able to remove itself from potential legal liability in a situation where its Services are used to conduct illegal activity.

1.2. Card verification

The Users who are intended to use payment cards in connection with the Cashaa’s Services have to pass card verification in accordance with instructions available on the Cashaa’s Site.

2. Compliance Officer

The Compliance Officer is the person, duly authorized by Cashaa, whose duty is to ensure the effective implementation and enforcement of the AML/KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of Cashaa’s anti-money laundering and counter-terrorist financing, including but not limited to :

a. Collecting Users’ identification information.
b. Establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations.
c. Monitoring transactions and investigating any significant deviations from normal activity.
d. Implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs.
e. Updating risk assessment regularly.
f. Providing law enforcement with information as required under the applicable laws and regulations.

The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.

3. Monitoring Transactions

The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do). Therefore, Cashaa relies on data analysis as a risk-assessment and suspicion detection tool. Cashaa performs a variety of compliance-rel3.3.ated tasks, including capturing data, filtering, record-keeping, investigation management, and reporting. System functionalities include:

1) Daily check of Users against recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;

2) Case and document management.

With regard to the AML/KYC Policy, Cashaa will monitor all transactions and it reserves the right to:

  • ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;
  • request the User to provide any additional information and documents in case of suspicious transactions;
  • suspend or terminate User’s Account when Cashaa has reasonably suspicion that such User engaged in illegal activity.

The above list is not exhaustive and the Compliance Officer will monitor Users’ transactions on a day-to-day basis in order to define whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide.

4. Risk Assessment

Cashaa, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, Cashaa is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks. This will allow resources to be allocated in the most efficient ways. The principle is that resources should be directed in accordance with priorities so that the greatest risks receive the highest attention.

Tier 1 Tier 2 Tier 3
Name and Email verification Name, Address, Email and Phone verification Identity document + Address proof document + Selfie with ID submission

Tier 1

  • Name and Email verification

Tier 2

  • Name, Address, Email and Phone verification

Tier 3

  • Identity document + Address proof document + Selfie with ID submission
  • Deposit and Withdrawal of crypto Tier 1
  • Deposit and Withdrawal Bank Transfer Tier 3
  • Deposit and Withdrawal through Card Tier 3+ Picture of card + Letter of purchase

Who We Are

This data privacy, use and retention notice (the “Privacy Notice”) applies to all personal information collection and processing activities carried out by CRYPTO INNOVATIONS UAB or its subsidiaries (referred to as “Cashaa”).

Cashaa is a data controller in respect of personal information that we process in connection with our business (including the products and services that we provide through the Cashaa app). In this notice, references to “we”, “us” or “our” are references to Cashaa.

Our principal address is Sat Švitrigailos g. 11K-109, LT-03228 Vilnius, Lithuania. (registration number 305997087) and our privacy email address is privacy@cashaa.com.

We respect individuals’ rights to privacy and to the protection of personal information. The purpose of this Privacy Notice is to explain how we collect and use personal information in connection with our business. “Personal information” means information about a living individual who can be identified from that information (either by itself or when it is combined with other information). We may update our Privacy Notice from time to time. When we do we will communicate any changes to you and publish the updated Privacy Notice on our website. We would encourage you to visit our website regularly to stay informed of the purposes for which we process your information and your rights to control how we process it.

The Information we process

We collect and process various categories of personal information at the start of, and for the duration of, your relationship with us. We will limit the collection and processing of information to information necessary to achieve one or more legitimate purposes as identified in this notice. Personal information may include:

  • Basic personal information, including name and address, date of birth and contact details
  • Financial information, including account and transactional information and history.
  • Goods and services we provide to you.
  • Visual images and personal appearance (such as copies of passports or real-time biometric facial scans).
  • Online profile and social media information and activity, based on your interaction with us and our websites and applications, including for example your login information, Internet Protocol (IP) address, smart device information, location coordinates, online and mobile app security authentication, mobile phone network information, searches, site visits and spending patterns.

We may also process certain special categories of information for specific and limited purposes, such as detecting and preventing financial crime or to make our services accessible to customers. We will only process special categories of information where we’ve obtained your explicit consent or are otherwise lawfully permitted to do so (and then only for the particular purposes and activities set out at Schedule B for which the information is provided). This may include biometric information, relating to the physical, physiological or behavioural characteristics of a person, including, for example, fingerprint or facial recognition or similar technologies to help us prevent fraud and money laundering.

Where permitted by law, we may process information about criminal convictions or offences and alleged offences for specific and limited activities and purposes, such as to perform checks to prevent and detect crime and to comply with laws relating to money laundering, fraud, terrorist financing, bribery and corruption, and international sanctions. It may involve investigating and gathering intelligence on suspected financial crimes, fraud and threats and sharing data with taxation, law enforcement and regulatory bodies.

How we obtain information

Your information is made up of all the financial and personal information we collect and hold about you/your business and the proprietors, officers and beneficial owners of that business and your transactions. It may include: information you give to us; information that we receive from third parties – including other Cashaa group companies, third parties who provide services to you or us, credit reference, fraud prevention or government agencies, and other financial institutions (where permitted by law); information that we learn about you through our relationship with you and the way you operate your accounts and/or services, such as the payments made to and from your accounts; information that we gather from the technology which you use to access our services (for example location data from your mobile phone, or an IP address or telephone number) and how you use it (for example pattern recognition); and information that we gather from publicly available sources, such as the press, the electoral register, company registers and online search engines.

Your rights

We want to make sure you are aware of your rights in relation to the personal information we process about you. We have described those rights and the circumstances in which they apply in the table at Schedule A.

If you wish to exercise any of these rights, if you have any queries about how we use your personal information that are not answered here, or if you wish to complain to our Data Protection team, please contact us at privacy@cashaa.com.

Please note that in some cases, if you do not agree to the way we process your information, it may not be possible for us to continue to operate your account and/or provide certain products and services to you through the Cashaa app or website.

In the event our relationship with you terminated (for example, you choose to close your Cashaa Account), you may request the erasure of your personal data by contacting privacy@cashaa.com. Please note that Cashaa will only comply with such requests to the extent it is legally obligated to and depending on your account activity until that date, certain personal data may be maintained in accordance with anti-money laundering and counter-terrorist financing legislation to which Cashaa is subject.

Changes to the way we use your information

From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we will notify you and will allow a period of at least 30 days for you to raise any objections before the change is made. However, please note that in some cases, if you do not agree to such changes it may not be possible for us to continue to operate your account and/or provide certain products and services to you through the Cashaa app.

How we may use and share your information with other Cashaa group companies

We will only use and share your information where it is necessary for us to lawfully carry out our business activities. Your information may be shared with and processed by other Cashaa group companies. We want to ensure that you fully understand how your information may be used. We have described the purposes for which your information may be used in detail in a table in Schedule B – Purposes of Processing.

Sharing with third parties

We will not share your information with anyone outside of the Cashaa group except:

  • Where we have your permission.
  • Where required to provide your product(s) or service(s).
  • where we are required by law and by law enforcement agencies, judicial bodies, government entities, tax authorities or regulatory bodies around the world.
  • With other financial institutions and third parties where required by law to help recover funds that have entered your account as a result of a misdirected payment by such a third party; with third parties providing services to us, such as market analysis and benchmarking, correspondent banking, and agents and sub-contractors acting on our behalf, such as the companies which print our packing labels and provide your currency accounts.
  • With other financial institutions to help trace funds where you are a victim of suspected financial crime and you have agreed for us to do so, or where we suspect funds have entered your account as a result of a financial crime.
  • With debt collection agencies.
  • With credit reference and fraud prevention agencies.
  • With third-party guarantors or other companies that provide you with benefits or services (such as insurance cover) associated with your product or service.
  • Where required for a proposed sale, re-organisation, transfer, financial arrangement, asset disposal or other transaction relating to our business and/or assets held by our business.
  • In anonymised form as part of statistics or other aggregated data shared with third parties or Where permitted by law, it is necessary for our legitimate interests or those of a third party, and it is not inconsistent with the purposes listed above.

If you ask us to, we will share information with any third party that provides you with account information or payment services. If you ask a third-party provider to provide you with account information or payment services, you’re allowing that third party to access information relating to your account. We are not responsible for any such third party’s use of your account information, which will be governed by their agreement with you and any privacy statement they provide to you.

In the event that any additional authorised users are added to your account, we may share information about the use of the account by any authorised user with all other authorised users.

Cashaa will not share your information with third parties for their own marketing purposes without your permission.

Transferring information overseas

We may transfer your information to or your information may be collected directly by organisations in other countries (including other Cashaa group companies, for example in India, where Cashaa’s Customer Support function is located) on the basis that anyone to whom we pass that information or who collects it directly protects it in the same way we would and in accordance with applicable laws

In the event that we transfer information to countries outside of the European Economic Area (which includes countries in the European Union as well as Iceland, Liechtenstein and Norway), we will only do so where:

  • the European Commission has decided that the country or the organisation we are sharing your information with will protect your information adequately.
  • the transfer has been authorised by the relevant data protection authority; and/or we have entered into a contract (deed of adherence) with the organisation with which we are sharing your information (based on the model clauses proposed by the European Commission) to ensure your information is adequately protected.

Marketing information

Upon signing up to use Cashaa’s services, you consented to and told us that you want to hear from us regarding marketing updates, as is expressly stated at the Sign-Up stage of opening a Cashaa Account. We will send you relevant marketing information (including details of other products or services provided by us or other Cashaa group companies which we believe may be of interest to you), by email. If you change your mind about how you would like us to contact you or you no longer wish to receive this information, you can simply unsubscribe from our marketing emails at any time by clicking “Unsubscribe” in any previous communication we have sent or by contacting us at: privacy@cashaa.com

Communications about your account

We will contact you with information relevant to the operation and maintenance of your Cashaa account (including updated information about how we process your personal information), by a variety of means including via, email, text message, and in-app notifications. If at any point in the future you change your contact details you should tell us promptly about those changes.

We may monitor or record calls, emails, text messages or other communications in accordance with applicable laws for the purposes outlined in Schedule A – Purposes of Processing.

Fraud prevention

We may access and use information from fraud prevention agencies when you open your account and periodically to:

  • Manage and take decisions about your accounts.
  • Prevent criminal activity, fraud and money laundering.
  • Check your identity and verify the accuracy of the information you provide to us

Application decisions may be taken based solely on automated checks of information, for example from fraud prevention agencies and internal Cashaa records. To help us make decisions on verifying your Cashaa account, as well as transaction limits on your Cashaa account, we look at information you give us when you apply for a Cashaa Account.

Including biometric data such as your photograph and/ or facial scan, information regarding your location, age, nationality and/ or citizenship and other information which enables us to verify your identity and perform a risk assessment for money laundering and fraud prevention purposes. You have rights in relation to the automated decision-making used in the verification process, including a right to attempt account verification again, or contact our Customer Support team if your application is refused. We will also profile your Cashaa Account to assign a risk rating for the purposes of fraud and unusual transaction monitoring and unauthorised access prevention. The information we will use to profile you will include your age, bank country of residence and status as a politically exposed person or otherwise.

We will continue to collect and monitor information about how you manage your Cashaa account including your account balance, payments into your account, the regularity of payments being made, and any default in making payments, while you have a relationship with us. This information may be made available to other organisations (including fraud prevention agencies and other financial institutions) so that they can take decisions about you.

If false or inaccurate information is provided and/or fraud is identified or suspected, details will be passed to relevant fraud prevention agencies. Law enforcement agencies and other organisations may access and use this information. We cooperate fully to the extent of our legal obligations in the prevention of fraud, money laundering and counter-terrorism.

If we, or a fraud prevention agency, determine that you pose a fraud, money laundering or other criminal risk, we may refuse to provide the services you have requested, or we may stop providing existing services to you.

A record of any fraud, money laundering or other criminal risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you. Fraud prevention agencies can hold your information for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to six years.

When fraud prevention agencies process your information, they do so on the basis that they have a legitimate interest in preventing fraud and money laundering, and to verify your identity, in order to protect their business and to comply with laws that apply to them.

How long we keep your information

By providing you with products or services, we create records containing your information, such as customer account records and activity and transaction records. Records can be held on a variety of media (physical or electronic) and formats, but they are primarily held electronically.

We manage our records to help us to better serve our customers (for example for operational reasons, such as dealing with any queries relating to your account) and to comply with legal and regulatory requirements. Records help us demonstrate that we are meeting our responsibilities and to keep as evidence of our business activities.

Retention periods for records are determined based on the type of record, the nature of the activity, product or service, the country in which the relevant Cashaa company is located and the applicable local legal or regulatory requirements. We (and other Cashaa group companies) normally keep customer account records for up to six years after your relationship with Cashaa ends. Retention periods may be changed from time to time (or waived where deemed low-risk) based on business or legal and regulatory requirements. Where there has been no activity on your Cashaa account since it was opened, we we will routinely delete your data after a period of 6 months, as you will be deemed an “unactivated user”. If there has been any transactional activity on your account, we will maintain your data until you request that we delete it, unless we are obligated to maintain such data to comply with our legal obligations.

We may on exception retain your information for longer periods than those stated above, particularly where we need to withhold destruction or disposal based on an order from the courts or an investigation by law enforcement agencies or our regulators. This is intended to make sure that Cashaa will be able to produce records as evidence, if they’re needed.

If you would like more information about how long we keep your information, please contact us at: privacy@cashaa.com

Schedule A – Your Rights

Rights Description

Access – You have a right to get access to the personal information we hold about you.If you would like a copy of the personal information we hold about you, please write to: privacy@cashaa.com.

For more information on how to get access to your information and the documents we need you to submit, please email privacy@cashaa.com. You will be required to complete a form outlining your request and will also need to provide proof of your identity (to ensure we are dealing with the account owner).

Rectification – You have a right to rectification of inaccurate personal information and to update incomplete personal information. If you believe that any of the information that we hold about you is inaccurate, you have a right to request that we restrict the processing of that information and to rectify the inaccurate personal information.

Please note that if you request us to restrict processing your information, we may have to suspend the operation of your account and/or the products and services we provide to you through the Cashaa app.

For more information on how to rectify your information and the documents we need you to submit, please email accounts@cashaa.com. You will be required to complete a form outlining your request and will also need to provide proof of your identity (to ensure we are dealing with the account owner).

Erasure – You have a right to request that we delete your personal information.You may request that we delete your personal information if you believe that:

  • We no longer need to process your information for the purposes for which it was provided; we have requested your permission to process your personal information and you wish to withdraw your consent; or
  • We are not using your information in a lawful manner.

Please note that if you request us to delete your information, we may have to suspend the operation of your account and/or the products and services we provide to you.

For more information on how to request erasure of your information and the documents we need you to submit, please email privacy@cashaa.com. You will be required to complete a form outlining your request and will also need to provide proof of your identity (to ensure we are dealing with the account owner).

Restriction – You have a right to request us to restrict the processing of your personal information. You may request us to restrict processing your personal information if you believe that:

  • Any of the information that we hold about you is inaccurate;
  • We no longer need to process your information for the purposes for which it was provided, but you require the information to establish, exercise or defend legal claims; or
  • We are not using your information in a lawful manner.

Please note that if you request us to restrict processing your information, we may have to suspend the operation of your account and/or the products and services we provide to you.

For more information on how to request a restriction of processing of your information and the documents we need you to submit, please email privacy@cashaa.com. You will be required to complete a form outlining your request and will also need to provide proof of your identity (to ensure we are dealing with the account owner).

Portability – You have a right to data portability.Where we have requested your permission to process your personal information or you have provided us with information for the purposes of entering into a contract with us, you have a right to receive the personal information you provided to us in a portable format.

You may also request us to provide it directly to a third party, if technically feasible. We’re not responsible for any such third party’s use of your account information, which will be governed by their agreement with you and any privacy statement they provide to you.

If you would like to request a copy of the personal information you provided to us, you can email us at privacy@cashaa.com.

Objection – You have a right to object to the processing of your personal information.You have a right to object to us processing your personal information (and to request us to restrict processing) for the purposes described in Section C of Schedule B – Purposes of Processing (below), unless we can demonstrate compelling and legitimate grounds for the processing, which may override your own interests, or where we need to process your information to investigate and protect us or others from legal claims.

Depending on the circumstances, we may need to restrict or cease processing your personal information altogether or, where requested, delete your information. Please note that if you object to us processing your information, we may have to suspend the operation of your account and/or the products and services we provide to you.

Marketing – You have a right to object to direct marketing.You have a right to object at any time to processing of your personal information for direct marketing purposes, including profiling you for the purposes of direct marketing. For more information see Section 9.

Withdraw consent – You have a right to withdraw your consentWhere we rely on your permission to process your personal information, you have a right to withdraw your consent at any time. We will always make it clear where we need your permission to undertake specific processing activities.

Lodge complaints – You have a right to lodge a complaint with the regulator. If you wish to raise a complaint on how we have handled your personal information, you can contact our Data Protection Officer who will investigate the matter. We hope that we can address any concerns you may have, but you may contact the Information Commissioner’s Office (ICO). For more information, visit ico.org.uk.

Schedule B – Schedule of Purposes of Processing

We will only use and share your information where it is necessary for us to carry out our lawful business activities. Your information may be shared with and processed by other Cashaa group companies. We want to ensure that you fully understand how your information may be used. We have described the purposes for which your information may be used in detail in the table below:

Schedule
Schedule A. Contractual Necessity

We may process your information where it is necessary to enter into a contract with you for the provision of our products or services or to perform our obligations under that contract. Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your account and/or provide products and services to you. This may include processing to:

  • Assess and process applications for products or services;
  • Provide and administer those products and services throughout your relationship with Cashaa, including opening, setting up or closing your accounts or products;
  • Collecting and issuing all necessary documentation;
  • Executing your instructions;
  • Processing transactions, including transferring money between accounts;
  • Making payments to third parties;
  • Resolving any queries or discrepancies and administering any changes. Calls to our service centre and communications to our mobile and online helplines may be recorded and monitored for these purposes.
  • Manage and maintain our relationships with you and for ongoing customer service. This may involve sharing your information with other Cashaa group companies to improve the availability of our services, for example enabling customers to visit branches of other Cashaa group companies;
  • Administer any credit facilities or debts, including agreeing repayment options;
  • And communicate with you about your account(s) or the products and services you receive from us.
Schedule B. Legal obligation

When you apply for a product or service (and throughout your relationship with us), we are required by law to collect and process certain personal information about you. Please note that if you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your account and/or provide products and services to you. This may include processing to:

  • Confirm your identity, including using biometric information and facial recognition technology and other identification procedures, for example fingerprint verification;
  • Perform checks and monitor transactions and location data for the purpose of preventing and detecting crime and to comply with laws relating to money laundering, fraud, terrorist financing, bribery and corruption, and international sanctions. This may require us to process information about criminal convictions and offences, to investigate and gather intelligence on suspected financial crimes, fraud and threats and to share data with law enforcement and regulatory bodies;
  • Share data with other financial institutions and third parties to help recover funds that have entered your account as a result of a misdirected payment by such a third party;
  • Share data with police, law enforcement, tax authorities or other government and fraud prevention agencies where we have a legal obligation, including reporting suspicious activity and complying with production and court orders;
  • Deliver mandatory communications to customers or communicating updates to product and service terms and conditions;
  • investigate and resolve complaints;
  • conduct investigations into breaches of conduct and corporate policies by our employees;
  • manage contentious regulatory matters, investigations and litigation;
  • perform assessments and analyse customer data for the purposes of managing, improving and fixing data quality;
  • provide assurance that Cashaa has effective processes to identify, manage, monitor and report the risks it is or might be exposed to;
  • investigate and report on incidents or emergencies on Cashaa’s properties and premises;
  • coordinate responses to business-disrupting incidents and to ensure facilities, systems and people are available to continue providing services;
  • And monitor dealings to prevent market abuse.
Schedule C. Legitimate Interests of Cashaa

We may process your information where it is in our legitimate interests do so as an organisation and without prejudicing your interests or fundamental rights and freedoms.

We may process your information in the day-to-day running of our business, to manage our business and financial affairs and to protect our customers, employees and property. It is in our interests to ensure that our processes and systems operate effectively and that we can continue operating as a business. This may include processing your information to:

  • monitor, maintain and improve internal business processes, information and data, technology and communications solutions and services;
  • Ensure business continuity and disaster recovery and responding to information technology and business incidents and emergencies;
  • ensure network and information security, including monitoring authorised users’ access to our information technology for the purpose of preventing cyber-attacks, unauthorised use of our communications systems and websites, prevention or detection of crime and protection of your personal data;
  • provide assurance on Cashaa’s material risks and reporting to internal management and supervisory authorities on whether Cashaa is managing them effectively;
  • perform general, financial and regulatory accounting and reporting;
  • protect our legal rights and interests; and enable a sale, reorganisation, transfer or other transaction relating to our business.

It is in our interest as a business to ensure that we provide you with the most appropriate products and services and that we continually develop and improve as an organisation. This may require processing your information to enable us to:

  • Identify new business opportunities and to develop enquiries and leads into applications or proposals for new business and to develop our relationship with you;
  • send you relevant marketing information (including details of other products or services provided by us or other Cashaa group companies which we believe may be of interest to you);
  • understand our customers’ actions, behaviour, preferences, expectations, feedback and financial history in order to improve our products and services, develop new products and services, and to improve the relevance of offers of products and services by Cashaa group companies;
  • monitor the performance and effectiveness of products and services;
  • assess the quality of our customer services and to provide staff training. Calls to our Customer Support teams and communications to our mobile and online helplines may be recorded and monitored for these purposes;
  • perform analysis on customer complaints for the purposes of preventing errors and process failures and rectifying negative impacts on customers;
  • compensate customers for loss, inconvenience or distress as a result of services, process or regulatory failures;
  • identify our customers’ use of third-party products and services in order to facilitate the uses of customer information detailed above; and
  • combsine your information with third-party data, such as economic data in order to understand customers’ needs better and improve our services.

We may perform data analysis, data matching and profiling to support decision-making with regards to the activities mentioned above. It may also involve sharing information with third parties who provide a service to us.

 

It is in our interest as a business to manage our risk and to determine what products and services we can offer and the terms of those products and services. It is also in our interest to protect our business by preventing financial crime. This may include processing your information to:

  • carry out financial and insurance risk assessments;
  • manage and take decisions about your accounts;
  • carry out checks (in addition to statutory requirements) on customers and potential customers, business partners and associated persons, including performing adverse media checks, screening against external databases and sanctions lists and establishing connections to politically exposed persons;
  • share data with fraud prevention agencies and law enforcement agencies;
  • trace debtors and recovering outstanding debt;
  • for risk reporting and risk management.