Last updated: January 17th, 2019
Unless otherwise provided for in this agreement
Website means “This Website”
“You” and “Your” mean the person who uses or accesses the Website and our services: “We”, “us” and “our” mean Cashbox, Cashbox Global Services Ltd or Cashboxng.com and where the context so admits shall include its successors, privies, assignees and affiliates, this also includes any third party providing any product, service, or benefit in connection with the Services or these Terms
Account means the Cashboxng.com account you have with us for the Services we render to you.
Communications means all records, notices, statements, communications, and other items for all services provided to you by us
“User Information” means information such as your name, email address, mobile device number, online credentials for your Bank Account, and such other information as we may request from time to time.
“Mobile App” means the Cashbox mobile application downloaded on your mobile phone
By agreeing to these terms, you accede to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us that we may otherwise be required to send or provide to you in paper form (e.g., by mail) to the extent permitted by the applicable laws.
By accepting and agreeing to these Terms electronically, you also represent that:
- You have read and understand this consent to use electronic signatures and to receive Communications electronically;
- You satisfy the minimum hardware and software requirements specified below; and
- Your assent will remain in effect until you withdraw your assent in the manner specified below.
RIGHT TO WITHDRAW ASSENT
Your assent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your assent to receive further Communications electronically at any time by contacting us 0808-888-8110 or [email protected]
Please note that if you withdraw your consent to receive Communications electronically in the manner specified above, your Account with us will be closed and the balance in your Account will be returned to your Bank Account as set forth in these Terms, and as such, you will no longer be able to use your Account or the Services, except as expressly provided in these Terms.
Any withdrawal of your assent to receive Communications electronically will be effective only if a notice of at least 28 working days have been given to us so we will have a reasonable period of time to process your withdrawal. Please note that withdrawal of assent is only in line with receiving Communications and not applicable to termination or closure of your account.
Further note that withdrawal of your assent to receive Communications electronically will not apply to Communications provided by us to you before the withdrawal of your assent becomes effective as all these prior Communication are still governed by these Terms.
DEVICES REQUIRED TO ACCESS OUR SERVICES
In order to access and retain Communications provided to you electronically, you must have or have access to: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac; (3) a connection to the Internet; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher.
NOTIFICATION OF CHANGE IN CONTACT INFORMATION
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your account profile.
Copies of Communications. Ensure to keep copies of all Communications that we send to you electronically.
Please note that we reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications.
However, except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the Website or delivering notice of such termination or change electronically.
REQUIREMENTS TO USE THESE SERVICES
In order to use the Services, you must:
You agree to promptly notify us of changes to your User Information by updating your Account on the Website/Mobile app. Further note that you must notify us of any changes to your Bank Account information, including, but not limited to, the closure of your Bank Account for any reason by contacting us at 0808-888-8110 or [email protected]
VERIFICATION OF INFORMATION
Further note that if you register for our services, we have your authorization to verify your identity and Bank Account Information if need be and we also have the right to record and document such information gotten through verification. This verification may be done directly by us or through a necessary third-party.
When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
- A copy of your government-issued photo ID, such as a passport or driver’s license;
- A copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and Nigerian street address on it; and
- Such other information and documentation that we may require from time to time.
POWER OF ATTORNEY
By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant Cashbox and our third-party service providers a limited power of attorney, and you hereby appoint us and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when we or our third-party service providers access and retrieve information from such third-party websites, Cashbox and our third-party service providers are acting as your agent, and not the agent or on behalf of the third party. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You also understand and agree that the services are not endorsed or sponsored by any third-party account providers accessible through the services. we make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement.
OVERVIEW OF THE SERVICE
The purpose of the Service is to encourage a healthy saving habit. We debit your bank account using your debit card or any other means agreed upon between you and us in the amount specified by you on the Website/ Mobile app. You can request for your savings on our pay out days which is just once a month.
The funds in your Account are held at a bank for your benefit. Your funds will only be transferred to your Bank Account only on our pay out days and at your request. You can request for this transfer by contacting us via 0808-888-8110 or [email protected] We will then transfer the requested funds as soon as possible.
If you do not have sufficient available funds in your Account to cover the amount of the requested transfer, your request for the transfer will be declined.
Your funds can also be transferred from your CashBox Account to your Bank Account without notice when your CashBox Account is closed as described below and at any time if required by applicable laws or at our sole discretion, should we suspect that the Services are being used for purposes which contradict the applicable laws or otherwise in violation of these Terms.
The funds in your Account will only be transferred to you directly and will not be transferred to any third party whatsoever on your behalf. You are solely responsible for determining whether the funds debited from your Bank Account through your debit card or any other means agreed upon and the funds maintained in your Account are acceptable to you.
We will not be liable for any third-party fees that may be incurred as a result of using the Services whatsoever
We are not responsible for ensuring your Bank Account has sufficient funds for your needs, purposes, or transactions. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you. Before using the Services, you should consider obtaining additional information and advice from a financial adviser.
It is agreed that you may receive interest or other earnings on the funds in your Account. You irrevocably transfer and assign all rights that you may have to any interest that may accrue on funds held in your Account. This assignment applies only to interest earned on the funds held in your Account, and not the principal funds held in your Account.
There are no transaction charges or monthly fee for the Services, however, we reserve the right to charge fees for the Services in the future. If fees will be charged for the Services, we will notify you before charging such by giving notice to you electronically, or by posting such fee on the Website, or by any other method which we may from time to time devise. If you continue using the Services after such notice, you must pay all applicable fees for the Services.
Withdrawing all or part of your savings is completely FREE of charge on the payout day, however, we reserve the right to charge fees for such withdrawal in the future. If fees will be charged for the withdrawal, we will notify you before charging such by giving notice to you electronically, or by posting such fee on the Website, or by any other method which we may from time to time devise.
Anytime you refer another person to use this Services, you may be entitled to referral points which can be claimed as Airtime or the value added to the funds in your Cashbox Account. You are entitled to choose solely the option you prefer on the Website.
You can only use the Services for your own personal purpose as such, you should never disclose your username, password or any other User Information for security and confidential reasons. Ensure that your Account is not accessible to any other person but you. This Services cannot be used for commercial purposes or on behalf of a third party. We shall not be responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your Account.
However, if you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, you must contact us immediately at 0808-888-8110 or [email protected]
Also, if your mobile device is lost or stolen or contact us immediately at 0808-888-8110 or [email protected] Please note that in order to take any action, you will need to provide certain User Information so that your identity can be verified.
COMPLIANCE WITH APPLICABLE LAWS
Your use of the Services must comply with all applicable laws. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We are not responsible if you use the Services in any manner that violates applicable laws. We are not responsible for any losses arising out of the loss or theft of your User Information or your mobile device or from unauthorized or fraudulent transactions associated with your Bank Account or your Account.
TERMINATION OF SERVICE
You can terminate our Services, close your Account, and cancel these Terms at any time by contacting us at 0808-888-8110 or [email protected] and providing sufficient information for us to verify your identity. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination as such, at the time of giving us notice of closure, if there are any pending transactions relating to your Account when we receive your termination notice, we will close your Account immediately such transactions are completed.
Upon the closure of your Account, we will transfer the funds in your Account, if any, to your Bank Account within 3 working days of informing us in the appropriate manner of your desire to close your Account.
If we cannot access your Bank Account or we are otherwise unable to transfer the funds in your Account to your Bank Account, we will send you a cheque for the amount of the funds to you at your street address in our records within 20 working days after your notice to close your Account is gotten by us.
If you do not use the Services for a certain period of time, we may be required by law to report the funds in your Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Account to the applicable state as unclaimed property.
The specified period of time to report and deliver funds to a state varies from state to state, but usually ranges between two and five years.
Provisions of these Terms that, by their nature, should survive termination of these Terms will survive termination of these Terms
You cannot restrict or inhibit any other person from using or enjoying our Services or Content
These Services and Content are protected by copyright, trademark, patent, and other intellectual property laws. We expressly reserve all rights and remedies under applicable laws. Except as expressly provided by these Terms or with our prior written consent, you will not use, modify, disassemble, decompile, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit any Content in any form by any means.
Without limit to the foregoing, you agree not to (and not to allow any third party acting on your behalf or on their behalf to): (a) use any automatic or manual device, process, or means to access the Services or copy any Content, except as expressly authorized by us; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to, or sublicense any portion of the Services or Content to a third party; (e) use any portion of the Services or Content to provide, or incorporate any portion of the Services or Content into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services or Content; (g) modify the Services or Content or create any derivative product from any of the foregoing; (h) remove or obscure any proprietary or other notices contained in the Services or Content; (i) use the Services or Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (j) jeopardize the security of your Cashbox Account or any other person’s Cashbox Account (such as allowing someone else to use your username and password to access the Services); (k) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Services; (l) violate the security of any computer network or crack any passwords or security encryption codes; or (m) run any form of auto-responder or “spam,” or any processes that run or are activated while you are not logged in to access the Services. We may, but are not obligated to, monitor your use of the Services and Content. We do not grant you any licenses, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms. We and our third-party licensors retain all right, title, and interest in and to the Services, Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights. The Services may permit you to submit content, send emails and other communications, and provide other information for publication or distribution to third parties (collectively, “User Content”). Any User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.” If you submit User Content, and unless we indicate otherwise, you grant us a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. We take no responsibility and assume no liability for any User Content submitted by you or any other user or third party. To the extent permitted by applicable law, we may, in our sole discretion and without liability to you, terminate (or suspend access to) your use of the Services, Content, or your Cashbox Account for any reason, including, but not limited to, your breach of these Terms.
You may obtain information about the balance of funds in your Cashbox Account at any time or by logging in to your account on the Website.
In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Website, including, but not limited to, terms and conditions for our referral or rewards programs (the “Additional Terms”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Terms and these Terms, these Terms will control.
To the fullest extent permitted by applicable law and except as otherwise expressly provided in these terms, you expressly understand and agree that your use of the services and all information, products, and other content (including that of third parties) included in or accessible from the services is at your sole risk. the services are provided on an “as is” and “as available” basis without any warranty of any kind. to the maximum extent permitted by applicable law, we and our third-party service providers expressly disclaim any and all conditions, representations, and warranties of any kind as to the services and all information, products, and other content (including that of third parties) included in or accessible from the services, whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. without limiting the foregoing, we and our third-party service providers make no warranty that (a) the services will meet your requirements, (b) the services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or (e) any errors in the services will be corrected. no oral or written information or advice obtained by you from us or our third-party service providers through or from the services will create any warranty not expressly stated in these terms. any material downloaded or otherwise obtained through the services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Limitation of liability. to the fullest extent permitted by applicable law, you agree that Cashbox, its affiliates, and its and their respective employees, officers, directors, agents, and third-party service providers will not be liable to you or any third party for (a) the performance of the services or the inability to use the services; (b) any indirect, incidental, special, consequential, punitive, or exemplary damages, whether based in contract, tort, or otherwise, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if such persons have been advised of the possibility of such damages, which arise out of or are in any way connected with these terms, the services, or content; (c) any amount, in the aggregate, in excess of the greater of 20,000 naira or the amount transferred from your debit card to your account via the services; or (d) any event beyond our reasonable control. some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
At our request, you agree to defend, indemnify, and hold harmless Cashbox, its affiliates, and its and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
You will not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
THIRD-PARTY SERVICE PROVIDERS.
You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such they were a party to these Terms.
These Terms shall be regulated and governed by the extant laws of the Federal Republic of Nigeria.
All disputes, demands or claims arising out of or in connection with these Terms, our products and/or our Services between you and us (including the interpretation and scope of this Section and the Arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms (as well as any related or prior agreement that you may have had with us), shall first be referred to an Arbitral Tribunal. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Services or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
The arbitration will take place in the federal judicial district of your residence and the Arbitration procedure will be governed by Federal Arbitration Act which is the Nigerian Arbitration and Conciliation Act or any other Act that may succeed it and not any state Arbitration Law and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”) may also be used unless otherwise agreed upon by the parties in writing.
The arbitration will be conducted before an Arbitral Tribunal (The Tribunal) which shall consist of three (3) commercial arbitrators from the Nigerian Institute of Chartered Arbitrators with substantial experience in resolving commercial and contract disputes. One of the Arbitrators shall be appointed by us, the second shall be appointed by you and the third Arbitrator shall be appointed by both Parties. If 14 days after the Tribunal has been constituted, the Parties fail to agree on a third Arbitrator, the Chairman of the Nigerian Institute of Chartered Arbitrators shall appoint the third Arbitrator. If either party fails to appoint their own Arbitrator 14days after the Tribunal has been constituted, the Chairman of the Nigerian Institute of Chartered Arbitrators shall appoint for such party.
You are entitled to a FAIR HEARING, but note that the arbitration procedures may be simpler and more limited than rules applicable in court. Arbitrators’ awards are as enforceable as any court order and are subject to court review only if they are contrary to the provisions of the Nigerian Arbitration and Conciliation Act. As such, any Award given by the Tribunal shall be binding on the parties.
To the full extent permitted by applicable laws, you are giving up your right to go to court to assert or defend your rights EXCEPT for matters that you file in small claims court in the state or municipality of your residence within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
You and we must abide by the following rules:
(a) any claims brought by you or us must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class or in a representative capacity;
(b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceedings, and may not award class-wide reliefs;
(c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation,
(d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration;
(e) the arbitrator will honor claims of privilege and privacy recognized at law;
(f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award;
(g) subject to the limitation of liability provisions of these Terms, the arbitrators may award any individual relief or individual remedies that are expressly permitted by applicable law; and
(h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrators awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable laws.
This Section will survive termination of your Account and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.
If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in a court that has jurisdiction as provided for in the applicable laws.
If you wish to opt out of this arbitration provision, you must notify us of your election in writing within 30 days of the date that you first became subject to this arbitration provision or within 30 days of the effective date of any material change to these Terms by sending a written notice to us by certified mail at the following address Plot 859 Bishop Aboyade Cole street, Victoria Island, Lagos. Attn: Arbitration Opt-Out. Your opt-out notice (written notice) must include your name, address, phone number, and email address.
Note that if we consent to your opt-out notice, we will express such consent to you in writing and same will also be sent to you by certified mail within 30 days of the receipt of your written notice. If we do not consent to your opt-out notice, our disapproval will be expressed to you in writing and same will also be sent to you by certified mail within 30 days of the receipt of your written notice
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves. The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder.
THE BLUE PENCIL RULE
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable.
if any part of these Terms is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the applicable laws, then the other provisions of these Terms will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.
We reserve the right to add to or terminate any of the Services or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable laws. Subject to applicable laws, we may deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Website or delivering a notice of such changes to you electronically. Whether or not to accept a revised version of these Terms is solely at your discretion If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at 0808-888-8110 or [email protected]