IMPORTANT INFORMATION: These terms and conditions (“Terms”)
govern the use of the Services (as defined below), which are
provided by iCash One Inc a Cayman Islands company with
registered office at Third Floor, Landmark Square, 64 Earth
Close, P.O. Box 707 Camana Bay, Grand Cayman, KY1-9006, Cayman
Islands, (“we”, “us” “our” “iCashOne” or “Provider” ) to any
person whose application we approve (“you” or “your”).
By purchasing an iCashOne Prepaid Voucher (as defined below)
with us, you confirm that you have read, understood and agreed
to these Terms. We recommend that you print a copy of these
terms for future reference.
These Terms refer to the following additional terms, which also
apply to your use of the Services:
1.
Definitions and Interpretation
2.
In these Terms, capitalized words and expressions have the
following meanings, unless otherwise stated:
2.1
Applicable Laws: means any applicable statutes, laws,
ordinances, orders, judgments, decrees, rules or regulations
issued by any government authority, and any judicial or
administrative interpretation of any of these;
2.2
Available Balance: means the amount of Prepaid Vouchers issued
by us to you, but which you have not yet spent or redeemed;
2.3
Business Day: means a day (other than a Saturday or Sunday or
a public holiday) when commercial banks are open for ordinary
banking business in the Cayman Islands;
2.4
Customer/User: means any person or business who wishes to
receive Services from iCashOne.
2.5
Force Majeure Event: means any event or circumstance which is
beyond our reasonable control, including: any act of God,
flood, earthquake or other natural disaster, terrorist acts,
riots, war, sanction or embargo, fire, explosion or accident,
industrial action of any kind, interruption or failure of any
utility service or act taken by any government authority;
2.6
Governing Law: means the laws of the Cayman Islands;
2.7
Inbound Transaction: means a payment of iCashOne Prepaid
Voucher from a Merchant to you;
2.8
Intellectual Property Rights: means patents, utility models,
trademarks, service marks, trade and business names, rights in
designs, copyright (including rights in software), database
rights, domain names, semiconductor topography rights, rights
in inventions, rights in knowhow and confidential information
and other intellectual property rights which may subsist in
any part of the world, in each case whether registered or not
(and including applications for registration);
2.9
“iCashOne Prepaid Voucher” or "Voucher”: means a virtual
prepaid voucher, purchased in one of the ways set out in
Clause 4.1, which is operated by us and which allows you to
spend its value on Merchant’s website and to redeem your money
from Merchant by issuing iCashOne Prepaid Vouchers.
2.10
Losses: means all losses, damages, claims, liabilities, costs
and expenses (including reasonable attorneys’ and other
reasonable legal fees and expenses);
2.11
Merchant: means a third-party provider of online services,
authorized by us to accept Outbound Transactions and make
Inbound Transactions;
2.12
Outbound Transaction: means a payment by you for goods,
services, privileges or other rights using your iCashOne
Prepaid Voucher;
2.13
Services: has the meaning given to it in Clause 5;
2.14
Transactions: means Outbound Transactions and Inbound
Transactions; In these Terms:
2.15
references to “include” or “including” do not limit the
generality of any preceding words and are to be construed
without limitation;
2.16
references to a “person” include any individual, company,
partnership, joint venture, firm, association, trust,
government authority or other body or entity (whether or not
having separate legal personality);
2.17
the headings are inserted for convenience only and do not
affect the construction of these Terms; and
2.18
unless the context otherwise requires, words in the singular
include the plural and vice versa and a reference to any
gender includes all other genders.
3.
Changes to these Terms
3.1
We may, in our sole discretion, update or amend these Terms
from time to time. Every time you wish to use our Services,
please check these Terms to ensure you understand the terms
that apply at that time. If you do not accept these Terms, now
or as amended, you may discontinue the use of Services;
provided, that any continued use of the Services will
constitute your agreement to have these Terms govern your use
and any Transactions connected with your use.
4.
iCashOne Prepaid Vouchers
4.1
You can purchase iCashOne Prepaid Vouchers through our trusted
resellers.
4.2
You affirm that you are legally deemed as having full capacity
and you are at least 18 years of age.
4.3
Your eligibility to access certain Services may depend on the
country in which you reside or are based from time to time.
You shall not attempt to access or make use of the Services
from or in any jurisdiction where such access or use is
prohibited by Applicable Laws.
5.1
We will provide the following services to you (collectively,
the “Services”) in accordance with these Terms issuing and
redeeming iCash.One Prepaid Vouchers.
6.1
To the extent that you are required to separately on-board
with any Merchant, you acknowledge and agree that we shall not
be required to authorize any Transactions with that Merchant
unless and until you are separately on-boarded as required by
them. You take full responsibility for ensuring that you are
on-boarded with the relevant Merchant prior to attempting to
make a Transaction with that Merchant.
6.2
We may refuse to authorize any Transactions or a use of the
Services that could breach these Terms, or if we have
reasonable grounds for suspecting that you or a third party
have committed or are planning to commit fraud or any other
illegal or unauthorized use of the Services. Nevertheless, we
are not a party to any Transactions, and, as further set forth
in Clause 13 below, we disclaim any liability for any
failures, breaches, acts or omissions of the Merchants in
connection with the Transactions.
6.3
You are solely responsible for resolving any disputes you may
have with Merchants in connection with Transactions or
otherwise. We may, but we are not required, to assist you in
your dispute with a Merchant. If we do elect to assist you in
a dispute with a Merchant, you hereby acknowledge that such
assistance shall not constitute a waiver of any provision of
these Terms, including this Clause 6.3 or Clause 13.
6.4
Your ability to use or access the iCashOne Prepaid Vouchers
may occasionally be interrupted, for example if we need to
carry out maintenance on our systems. Please contact us in
accordance with Clause 12 if you wish to report any issues.
6.5.1
to only use the Services for lawful purposes and to adhere at
all times to all Applicable Laws and these Terms;
6.5.2
not to attempt to discover any source code, upload to our
systems any malware, viruses or other unauthorized object code
or source code, or otherwise disrupt or interfere with the
conduct of the Service;
6.5.3
not to copy, adapt, reverse engineer, decompile, disassemble,
modify, adapt or make error corrections in whole or in part,
except to the extent permitted by Applicable Law.
7.
Important information about Prepaid Vouchers
7.1
Each Prepaid Voucher:
7.1.1
has a unique 16-digit number;
7.1.2
is non-reloadable (this means you will not be permitted to
“top up” your Prepaid Voucher and must purchase a new Prepaid
Voucher for any subsequent purchase); and
7.1.3
has a one (1) year expiry date from the date of issue.
7.2
For a list of the permitted methods for purchasing Prepaid
Vouchers through our trusted resellers, please visit our
website. Please note that we may change this list in our sole
discretion from time to time. The execution of your payments
by third party payment providers in order to purchase Vouchers
are not part of our Services. We do not guarantee your ability
to use any particular third-party payment provider to purchase
a Voucher and we may discontinue accepting payments processed
by any such third party payment provider at any time in our
sole discretion.
7.3
Important information abouUsers are specifically prohibited
from using iCashOne Voucher in sites which are prohibited
businesses as per their local laws. Any non compliance with
the aforementioned shall be considered breach of these terms
and conditions.t Prepaid Vouchers
8.1
All rights, title and interest in, and to, the Intellectual
Property Rights subsisting in, or embodied by, the Web, the
Services, any proprietary software or other technology
required to operate Web or the Services, and any modifications
or improvements thereto, including any derivative works, are
retained by us and protected under applicable Intellectual
Property Rights.
9.
Termination and Suspension
9.1
If you wish to terminate these Terms at any time, you just
need to discontinue the use of the Services.
9.2
Upon termination of these Terms for any reason, we may
continue to process your personal data in accordance with the
terms of our Privacy Policy and Cookie Notice, as applicable,
in accordance with data protection legislation.
9.3
The Terms in effect as of the date of the termination will
survive and continue to apply to any aspects of your use of
the Service prior to termination.
9.4
The termination or expiry of these Terms for whatever cause
shall not affect any provision of this Terms which is
expressed or by implication intended to survive or operate in
the event of termination or expiry of the Agreement.
10.1
iCashOne supports the use of Vouchers as a form of payment.
Therefore, the scope of its liability is limited to the
correct work of such platform in accordance to the Terms.
10.2
If we fail to comply with these Terms, we shall be responsible
for loss or damage you suffer that is a direct and foreseeable
result of our breach of these Terms or our negligence, but we
shall not be responsible for any loss or damage that is not
foreseeable and direct. For the avoidance of doubt, iCashOne
shall neither be responsible for the online services provided
by the Merchants nor for the development, distribution
including handling the amounts loaded onto the Vouchers by
trusted Resellers.
10.3
You are fully responsible for all Transactions associated by
the Voucher, including any Transaction that may result if the
Voucher is stolen. You should treat the Voucher like cash, if
it is stolen, you may lose the stored value. In such case, you
should contact our support team in accordance with Clause 12.1
immediately.
11.1
We shall not have any liability under, or be deemed to be in
breach of, these Terms for any delays or failures in
performance of any of our obligations under these Terms that
result from a Force Majeure Event.
12.
Contact Details and Notice
12.1
If you have any questions or concerns about the Services, or
wish to report any issues, please contact us by email at
support@icash.one.
12.2
You may serve notices to us in writing at the contact details
at Clause 14.1.
12.3
You agree that we may provide you with notices and other
disclosures in connection with the Services by email or by
posting notices on the Web
13.1
We may at any time transfer all or any of our rights and
obligations under these Terms to any third party (including by
way of merger, consolidation or the acquisition of all or
substantially all of our business and assets relating to these
Terms), but this will not affect your rights or our
obligations under these Terms.
13.2
You may only transfer your rights or your obligations under
these Terms to another person if we give our prior written
consent to this.
13.3
Nothing in these Terms is intended to, or shall be construed
as to establish or imply any partnership or joint venture or a
relationship of principal and agent between you and us or
constitute either of you or us as the agent of the other
party, or authorize you or us to make or enter into any
commitments for or on behalf of the other party.
13.4
Each of the paragraphs of these Terms operates separately. If
any court or relevant authority decides that any of them are
unlawful, the remaining paragraphs will remain in full force
and effect.
13.5
If we fail to insist that you perform any of your obligations
under these Terms, or if we do not enforce our rights against
you, or if we delay in doing so, that will not mean that we
have waived our rights against you and will not mean that you
do not have to comply with those obligations. If we do waive a
default by you, we will only do so in writing, and that will
not mean that we will automatically waive any later default by
you.
13.6
These Terms and the documents referred to in it, constitute
the whole agreement between you and us relating to the subject
matter of these Terms, and supersede any prior written or oral
arrangement, understanding or agreement between them relating
to such subject matter.
13.7
These Terms are provided to you in the English language. Where
we have provided a translation of these Terms to you, you
agree that such translation is provided for your convenience
only and that the English language version of these Terms will
govern your relationship with us. If there is any
contradiction between the English language version of these
Terms and any translation, the English language version takes
precedence.
Your Voucher will be valid for use for one year from the date of
issuance (or as otherwise extended by us) after such time it
will be invalid.
14.
Governing Law and Jurisdiction
14.1
This Agreement and any dispute or claim arising out of or in
connection with it or its subject matter or formation
(including non-contractual disputes or claims) shall be
governed by and construed in accordance with the law of the
Cayman Islands.
14.2
Each party irrevocably agrees that the courts of the Cayman
Islands shall have exclusive jurisdiction to settle any
dispute or claim arising out of or in connection with this
Agreement or its subject matter or formation (including
non-contractual disputes or claims).
15.1
If you wish to make a complaint about the Services, You can
email us at support@icash.one
with brief details of your complaint and
the phone number and email address.
